BYRON SHIRE COUNCIL

BUSINESS OF Ordinary Meeting

1. Public Access

3. Attendance by Audio-Visual Link

4. Requests for Leave of Absence

5. Declarations of Interest – Pecuniary and Non-Pecuniary

6. Tabling of Pecuniary Interest Returns (Cl 4.14 Code of Conduct for Councillors)

7. Adoption of Minutes from Previous Meetings

7.1 Ordinary Meeting held on 22 May 2025

8. Reservation of Items for Debate and Order of Business

9. Notices of Motion

9.1 Saddle Road and Mullumbimby Road Works............................................................ 9

9.2 Protection of the Environment.................................................................................... 13

9.3 Integrating Weed Management into EPAR Recovery Works and Catchment Collaboration................................................................................................................. 19

9.4 Key Worker Housing at the Rear of the Byron CoLab Building (Former Byron Hospital)........................................................................................................................................ 35

9.5 Unauthorised Camping in Brunswick Heads........................................................... 38

9.6 Strategic Water Infrastructure Opportunity.............................................................. 44

9.7 Proposal for a 30km Speed Zone in the South Beach Road Precinct, Brunswick Heads........................................................................................................................................ 49

9.8 Investigation of Traffic Calming Measures at Sporting Fields Shire-wide.......... 52

9.9 Status Report on Development Applications (DAs) before the Land and Environment Court............................................................................................................................... 55

9.10 Mullumbimby Tennis Courts Licence........................................................................ 58

10. Mayoral Minute

11. Petitions

12. Delegates' Reports

12.1 2022 Northern Rivers Flood Emergency Awards Presentation Ceremony – Tweed/Byron Police District....................................................................................... 62

12.2 Country Mayors Association – General Meeting - Friday 9 May 2025................ 64

12.3 The Remix Byron Event.............................................................................................. 68

12.4 Richmond Tweed Regional Library Meeting held 14 May 2025.......................... 70

12.5 Visit to The Buttery – 50th Anniversary Celebration.............................................. 71

12.6 Byron Town Centre Drainage Works........................................................................ 72

12.7 Delivery Program and Operational Plan (DP/OP) Information Session.............. 73

12.8 Special Entertainment Precinct Planning Meeting with Minister Graham’s Office 74

12.9 Short-Term Rental Accommodation (STRA) and Housing Affordability............. 76

12.10 Byron Bay 24-Hour Economy Roundtable............................................................... 77

12.11 Supporting Spontaneous Volunteers Meeting......................................................... 79

12.12 Rous County Council - Summary of main items of business 16 April 2025....... 81

13. Staff Reports

General Manager

13.1 Licencing for 18 Fletcher Street, Byron Bay (Fletcher St Cottage)...................... 84

Corporate and Community Services

13.2 Council Investments - 1 May 2025 to 31 May 2025............................................... 89

13.3 Grants June 2025........................................................................................................ 96

13.4 Section 355 Guidelines Update............................................................................... 100

13.5 Adoption of a Code of Meeting Practice................................................................ 104

13.6 Review of Council's Codes of Conduct.................................................................. 109

13.7 Tweed Street Pod Village - future use options..................................................... 112

Sustainable Environment and Economy

13.8 Update Resolution 24-235 Byron LGA Conservation Trust................................ 120

13.9 PLANNING - DA10.2024.168.1 - Additions to an Exising Multiple Occupancy approved under DA10.2022.181.1 consisting of 4 additional dwelling sites and Community Title Subdivision in two stages of 9 lots and 4 lots at 510 Goonengerry Rd Montecollum...................................................................................................................................... 125

13.10 PLANNING - Report of the Planning Review Committee held 1 May 2025..... 151

13.11 Planning Agreement - 53 McAuleys Lane Development Application 10.2023.454.1...................................................................................................................................... 153

13.12 Status report on Development Applications (DAs) with bodies like the Northern Regional Planning Panel (NRPP)........................................................................... 159

13.13 Amendment to DCP Chapter E10 Byron Bay Town Centre to clarify use and interpretation of controls in relation to car share spaces.................................... 165

13.14 2023-24 Annual Inventory of Council's Greenhouse Gas Emissions............... 169

13.15 Byron Bay Urban Design Housing Density Study................................................ 177

13.16 Heritage buildings in Mullumbimby......................................................................... 186

13.17 PLANNING - 10.2024.155.1 Alterations and additions to existing multi-dwelling housing development comprising the construction of six (6) x one (1) bedroom dwellings, the construction of two (2) x two (2) bedroom dwellings, and the construction of additional car parking, resulting in a total of twenty (20) dwellings, at 1 Kendall Street, Byron Bay........................................................................................ 190

13.18 PLANNING - Determination of certain s4.55 Applications during the Council recess...................................................................................................................................... 218

13.19 NSW Housing Delivery Authority - State Signficant Development Declarations 221

Infrastructure Services

13.20 Mullumbimby Pool Heating Tender......................................................................... 227

13.21 Potential renaming of Gilmore Crescent to Tennyson Street, Byron Bay........ 233

14. Reports of Committees

Corporate and Community Services

14.1 Report of the Finance Advisory Committee Meeting held on 15 May 2025..... 239

14.2 Report of the Audit, Risk and Improvement Committee Meeting held on 13 May 2025...................................................................................................................................... 242

Sustainable Environment and Economy

14.3 Report of the Biodiversity and Agriculture Advisory Committee Meeting held on 13 May 2025..................................................................................................................... 246

Infrastructure Services

14.4 Report of the Local Traffic Committee Meeting held on 3 June 2025............... 249

15. Questions With Notice

Nil

16. Confidential Reports

Infrastructure Services

16.1 Confidential - Negotiations to dispose of and acquire land interests for EPAR Works for AGRN1012 2022 NSW Severe Weather and Flooding Event ........ 253

16.2 Confidential - Tender Report - Byron Drainage Upgrade Town Centre Construction................................................................................................................ 254

Questions with Notice: A response to Questions with Notice will be provided at the meeting if possible, that response will be included in the meeting minutes. If a response is unable to be provided the question will be taken on notice, with an answer to be provided to the person/organisation prior to the next Ordinary Meeting and placed on Councils website www.byron.nsw.gov.au/Council/Council-meetings/Questions-on-Notice

Councillors are encouraged to ask questions regarding any item on the business paper to the appropriate Director prior to the meeting. Any suggested amendments to the recommendations should be provided to Councillor Support prior to the meeting to allow the changes to be typed and presented on the screen at the meeting.

BYRON SHIRE COUNCIL

Notices of Motion 9.2

Notice of Motion No. 9.2 Protection of the Environment

File No: I2025/660

I move that Council:

1. Acknowledges the Community Strategic Plan (CSP) under Community Objective 3: Nurtured Environment, which commits to ‘nurturing and enhancing our natural environment,’ as well as the Biodiversity Conservation Strategy (BCS), and continues to ensure whole-of-Council support for these essential commitments.

2. Ensures Council’s works programs and procedures are aligned with the CSP and BCS by prioritising the protection of identified High Conservation Value (HCV) areas, including Endangered Ecological Communities (EEC), significant vegetation, habitats, and wildlife corridors, and by clarifying the importance of these environmental features when Council is undertaking works.

3. Operates with procedures that minimise or mitigate environmental impacts of capital, emergency, and maintenance works.

4. Where there are unavoidable impacts on biodiversity and the NSW Government Biodiversity Offsets Scheme is proposed to be used this will require a report to Council for endorsement.

5. Receives a presentation from staff at a Councillor workshop on the current processes for approval of Council’s works. The presentation is to cover:

a) Council’s Project Delivery Procedure 2022

b) Approvals pathways and environmental assessment for capital works and maintenance;

c) Exempt development such as maintenance and emergency works where vegetation management is required;

d) Development without consent (Part 5 Activities under the Environmental Planning and Assessment Act 1979) and the requirements for environmental assessment in a Review of Environmental Factors (REF);

e) Development with consent works where a DA is required.

Signed: Cr Sarah Ndiaye

Councillor’s supporting information:

Byron Shire has a long-standing commitment to environmental protection and sustainability. This is reflected in our Community Strategic Plan (CSP), where we have embedded the values of nurturing and enhancing the natural environment under Community Objective 3: Nurtured Environment. Our community has consistently rated the environment—particularly the natural landscapes, beaches, and coastlines—as the most valued aspect of living here. The preservation of native vegetation and habitats to maintain spaces for biodiversity is a key priority identified in recent consultations.

The Biodiversity Conservation Strategy (BCS) affirms our position as a biodiversity hotspot and outlines four clear aims to guide our efforts:

1. Lead – Provide clear direction, resources, and guidance to conserve and enhance biodiversity.

2. Inform – Ensure our community is well-informed about biodiversity and its protection.

3. Support – Provide support to land managers to conserve biodiversity across the landscape.

4. Manage – Implement best-practice land management to improve ecological resilience and reduce threats to biodiversity.

As a Shire, we have access to high-quality digital tools and data to help identify and protect critical ecological areas. Our Local Environmental Plan (LEP) and Development Control Plan (DCP) provide clear guidance for the protection and management of these areas, while the Biodiversity Conservation Act sets the legal framework within which we must operate.

To truly fulfil our commitment to environmental protection, Council must ensure that its own works programs are designed to avoid negative impacts on the environment, particularly in areas of high conservation value. If works are planned in these areas, Council must prioritise avoiding harm, and if destruction is unavoidable, ensure mitigation strategies are in place, including an Offset Program as a last resort.

This approach is consistent with our strategic goal to nurture, protect, and enhance the Shire’s biodiversity, contributing to CSP Theme 1: Effective Leadership. By following these principles, Council will demonstrate leadership in sustainable development, improve ecological resilience, and reduce threats to our natural environment.

By focusing on the long-term health of our natural systems, Council can continue to deliver on its promise to the community and work toward a future where Byron Shire remains a beacon of environmental stewardship, sustainability, and vibrant biodiversity.

Staff comments

By James Flockton, Infrastructure Recovery Coordinator and Christopher Soulsby, Manager Assets and Major Projects, Infrastructure Services:

Councils staff that are involved in the delivery of capital construction projects have various procedures and guidelines that are used in the successful delivery of projects. These include:

· Community Strategic Plan

· Delivery Program and Operational Plan

· Safety in Design Review Procedure

· Work Health and Safety Management System Framework

· Pulse PMC User Guide

· Grants Procedure

· Procurement and Purchasing Policy

· Procurement and Contract Management Guidelines

· Risk Management Strategy

· Infrastructure Services Transport Risk Management Procedure

Bringing all these together is the Project Delivery Procedure – Construction. This procedure was officially endorsed as a Council procedure by Council’s Executive Team in June 2021. The procedure is based on various other versions of similar documents that have been used to support project delivery since the mid 2000’s including:

· Contract Delivery Procedure 2006 (DM627569)

· The Asset Management Services Project Workflow Checklist 2012 (DM738607)

· Project Planning Pathways System; and

· templates that were developed in 2015 with a local planning consultant.

The current version of Project Delivery Procedure – Construction is a 58 page procedure that takes staff from Project Initiation through to Project Close Out.

Using various templates and Council’s Project Management Software, Pulse Project Management and Control. At the Pre Project / Project Initiation stage which is typically before the project has received funding the procedure guides staff to review a checklist of constraints on the location.

This checklist looks at the following layers spatially to understand the constraints that may occur at the site:

· Acid Sulfate Soils (State Govt)

· BSC Threatened Flora

· BSC Threatened Fauna

· Cape Byron Marine Park

· Coastal Hazard Layers (Bluecoast 2023)

· Domestic Waterfront Structure Strategy

· Erosion Precinct Layers

· Contaminated Land Parcels

· Dip Site / Buffers Layers

· Endangered Ecological Communities 2023 - Report ref E2023/44987 and E2023/33427

· Drainage Lines

· Fill Exclusion Zones

· Flood 100yr - LEP / DCP Controls

· Flying Fox Known Camps

· Freshwater Fish Threatened Species

· HEV Vegetation 2023 (no buffers)

· HEV Vegetation 2023 - report ref E2023/44987

· HEV Vegetation 2021

· HEV Vegetation 2017

· HEV Vegetation 2015

· Vegetation 2023 - report ref E2023/57278

· Vegetation 2021

· Vegetation 2017

· Vegetation 2015

· Heritage 2014

· Key Fish Habitat

· Koala Habitat

· Mitchells Rainforest Snail Potential Habitat

· National Parks

· OEH (Bionet) Threatened Fauna

· OEH (Bionet) Threatened Flora

· SEPP Layers

· Significant Trees

· Survey Marks

· Slip Prone Land

· Unhealthy Building Land

· Whale Carcass Burial Sites

· Wildlife Corridors Adopted 2023

· Wildlife Corridors (NPWS)

· Wildlife Signage Priority Sites

· Council Land Layers

· Crown Land Layers

· LEP hybrid 2014-1988

· Native Title Claims

· National Native Title Tribunal

It has been noted that Roadside Threatened Flora, Roadside Vegetation Categories is missing from this list. Roadside Threatened Flora, Roadside Vegetation Categories is being added the checklist in Council Geographic Information System. This issue pertains to operational activities such as vegetation management.

Aboriginal cultural heritage is not part of the mapping checklist as Council does not hold this information. Staff are required to conduct an AHIMS (Aboriginal Heritage Information Management System) search as part of the Due Diligence Code of Practice for the Protection of Aboriginal Objects in NSW. An AHIMS search is undertaken online through the NSW Department of Planning, Industry and Environment (DPIE) website.

All works that Council undertakes is done using either an approvals process or has been deemed to not require approvals. This is referred to as the planning approvals pathway. Planning approval pathways under the Environmental Planning and Assessment Act 1979 can come in a number of different forms for Council, including:

a) Develop with consent (Part 4) via the Development Application process;

b) Development without consent (Part 5) via a Review of Environmental Factors (REF) determined by the Director of Infrastructure Services or Director Sustainable Environment and Economy

c) Exempt Development.

Exempt Development does not require any approvals under legislation or Council policy or procedure due to so many routine tasks being completed by Council in this category, such as; pot hole patching, culvert / stormwater system cleaning, reseals, road signs and roadside vegetation management.

Some larger works such as slope stabilisation can also sometime be competed as Exempt Development.

The Project Delivery Procedure and project planning pathways system recognises that even routine activities carry a risk of unintended environmental impacts. Council’s Project Delivery Procedure includes a Conservation Risk Assessment (CRA) template. The CRA is a similar assessment process that is followed by an REF and designed to systematically consider the constraints of a location prior to proceeding with Exempt Development. Council staff are given the responsibility to decide when a CRA is warranted for Exempt Development.

Biodiversity Offset Scheme

Infrastructure Services has only once used the Biodiversity Offset Scheme (then called Biobanking) for the construction of the Byron Bay Bypass. This was done with a resolution of Council and not determined under delegation. There was also the above and beyond resolution that required additional ecological restoration over what was required by the Biobanking scheme. Should Council intend to utilise this legislative provision in the future the matter will be reported to Council for consideration.

Workshop

A workshop to take Councillors through the Project Delivery Procedure, approvals pathways, and the systems staff use is appropriate of Councillors to understand how environmental impacts are assessed and mitigated.

Financial/Resource/Legal Implications:

Nil. The workshop can be conducted with existing resources.

Is the proposal consistent with any Delivery Program tasks?

The NOM covers multiple operational and capital delivery activities in Infrastructure Services. Some of the areas will include, roads, drainage, open spaces, buildings, waste management, water and sewerage works.

CSP Objective	CSP Strategy	DP Action
5: Connected Infrastructure	5.1: Provide a safe, reliable, and accessible transport network	5.1.2: Road renewal and upgrades - Deliver road renewal and upgrade capital works program
	5.4: Provide accessible community facilities and open spaces	5.4.2: Parks and open spaces - Provide and maintain active and passive recreational community space that is accessible and inclusive for all
	5.5: Provide continuous and sustainable water and sewerage management	5.5.3: Storm-water - Provide stormwater infrastructure to manage flood mitigation and improve social and environmental outcomes

BYRON SHIRE COUNCIL

Notices of Motion 9.3

Notice of Motion No. 9.3 Integrating Weed Management into EPAR Recovery Works and Catchment Collaboration

File No: I2025/808

I move that Council:

1. Assesses the Essential Public Asset Restorations (EPARs) works undertaken to date, including land slips, road reconstructions, crossings and culverts, to identify opportunities to improve weed management protocols during and following the reconstruction phase;

2. Works collaboratively with Rous County Council and NSW Reconstruction Authority to improve weed management outcomes including:

a) Exploring options for additional funding streams, including State and Federal Grants and inclusion in natural resource management programs; and

b) Development of recommendations and initiatives for consideration to support integrated weed control and ecological restoration during and beyond the flood recovery process; and

3. Request staff bring a report to Council on this issue before the end of the year (2025).

Signed: Cr Sarah Ndiaye

Councillor’s supporting information:

The catastrophic flooding events of 2022 left the Byron Shire with hundreds of millions of dollars' worth of damage to roads, culverts, slopes, and bridges—especially across our fragile hinterland landscape. While many critical EPAR projects have been completed and others are underway, recent site inspections with experienced Landcare practitioners have highlighted a concerning side effect: the rapid spread and dominance of invasive weed species in disturbed and reconstructed areas.

Landslips in particular have exposed entire hillsides to erosion and invasion, creating ideal conditions for aggressive weeds such as Singapore Daisy, Tobacco Bush, Running Bamboo, Devil’s Fig, Lantana, Green Cestrum, Cat’s Claw Creeper, and the highly invasive Tropical Soda Apple. There are also emerging reports of Alligator Weed, which is a serious threat to riparian systems.

Weeds are second only to land clearing in their impact on native biodiversity, and in the wake of such widespread land disturbance, strict prevention and management protocols are needed to avoid unintentionally accelerating their spread—especially where reconstruction works create open, disturbed areas prone to colonisation.

Council, through its own operations and its coordination with contractors, now has a vital opportunity to improve its contribution to long-term land health by embedding best-practice weed management and ecological restoration into the delivery of EPAR works. Proactive coordination with regional partners across catchments will strengthen consistency and effectiveness.

This approach can not only reduce future maintenance burdens and environmental damage but also deliver improved outcomes for water quality, erosion control, and native wildlife habitat. There is already significant pressure on Council’s land management resources, and we know our existing weed problem is substantial.

This motion aims to ensure that we don’t unintentionally worsen the issue, and instead use this period of reconstruction as an opportunity to protect and restore our natural environment.

Image one Old quarry at the corner of Wilsons Creek Road and Koonyum Range Road - dumping site for lots of waste and covered in weeds. What is going to happen to it? Where is it going to be used? The Morning Glory was once under control.

Up the back is dumped bamboo - lots of weeds but out competed by the Morning Glory. What will happen to the landfill?

This is one of the areas council slashes but it spreads the weeds.

Idea: Map weeds that are spread during slashing and instead use other methods.

Very weedy near the school. If it’s going to be slashed it ideally needs to be done when it’s not seeding. Problematic give the proximity to the school and inability to use herbicide.

Can we apply for funding to get camphor removal along the road?

This is Black Taro. That wasn’t there prior to the floods but is now taking over. This is the area just opposite the Wilsons Creek bushfire brigade building. In close proximity to their own public land there’s also a large quantity of devils fig.

This is Black Taro.

That wasn’t there prior to the floods but is now taking over. This is the area just opposite the Wilsons Creek bushfire brigade building. In close proximity to their own public land there’s also a large quantity of Devils Fig.

The Black Tarot is very bad for water quality which is no good because this is going directly into our water system but also inhibits platypus habitation.

More Devils Fig. Morning Glory all over the shop. Madera vine taking over 3 years after the floods.

Red plant spread post flood

Kahili Ginger (toilet brush plant) spread by birds.

This is the site above the property that has been asked to vacate.

As a comparison, here is an area that the Landcare group have successfully removed weeds and camphor’s from 100 acre property- looks completely different.

Here are examples of some of the Camphor’s that could be removed - around 153 Hounbrook Road.

Underneath all of this is the very special border ranges lined fern so while works are being done here that needs to be taken into consideration. It’s just before the turn off to Mill Road.

This is John Seed it’s everywhere in that same area. It is also spread by the slasher so and sticks to everything.

Because so much work was done here in the past a bit of work now will save a lot of work in the future. There’s enough young saplings of black bean and other natives that can take off if the weeds are pulled back into line perhaps.

Staff comments

by Phil Warner, Manager Infrastructure Recovery, Infrastructure Services:

It is acknowledged that weed management in sensitive environments such as the Shire’s hinterland is a significant issue and challenge.

Road maintenance activities and the associated protocols as they pertain to weed management have been the subject of various initiatives over many years and can again be reviewed.

Rous County Council is the local authority responsible for managing the Biosecurity Act 2015 for NSW’s Northern Rivers region. Working with local stakeholders, they provide comprehensive and cost-effective control and management of targeted weeds in the region. The issues and locations referred to in support of this motion can be brought to their attention.

It will also be possible to work with Rous County Council and NSW RA to see what options exist to manage weeds associated with disaster recovery works, including what additional funding sources might exist.

Council has a bush regeneration team and associated expertise which could provide advice and subject to funding, potential on ground services.

It is important to note that the approval of Essential Public Asset Restorations (EPARs) and the associated funding is for a highly prescriptive scope of work. Funding for vegetation works is restricted to revegetation of the immediately effected area. To date there has been no provision for maintenance work beyond the defects liability period of works contracts which is one year.

In cases where weeds have overgrown the site of approved works e.g. a landslip, the weeds would be appropriately removed and the site revegetated as part of the scope of work.

Financial/Resource/Legal Implications:

Councils’ road maintenance budget is highly constrained.

There is currently no scope to utilize approved EPAR funding for anything other than the approved scope of work associated with restoring the asset.

Is the proposal consistent with any Delivery Program tasks?

Yes

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
3: Nurtured Environment	3.1: Partner to nurture and enhance biodiversity, ecosystems, and ecology	3.1.1: Native species - Use best practice land management to improve ecological resilience and reduce threats to biodiversity	3.1.1.10	Support and promote restoration of Byron Shire wildlife corridors
3: Nurtured Environment		3.1.2: Pest and weed management - Use best practice land management to improve ecological resilience and reduce threats to biodiversity	3.1.2.5	Respond to biosecurity threats in accordance with regulatory direction and agreement

BYRON SHIRE COUNCIL

Notices of Motion 9.5

Notice of Motion No. 9.5 Unauthorised Camping in Brunswick Heads

File No: I2025/811

I move that Council:

1. Acknowledges the ongoing issues with unauthorised camping/parking and ‘van-lifing’ in Brunswick Heads and the impact this has on residents, businesses, and visitors to the area;

2. Makes a public declaration that Council intends to take all necessary steps to deal with this issue and the impacts it has; and

3. Receives a report outlining:

a. The current state of enforcement action on unauthorised camping/parking in Brunswick Heads.

b. The barriers to effective enforcement, including an update on the signage required in order to enable appropriate enforcement.

c. Whether we have initiated contact with other landowners such as Reflections, Crown Lands, National Parks and Marine Parks in order to obtain delegated authority to enable our rangers to patrol their areas and issue fines.

d. Whether there is a resourcing issue.

Signed: Cr Michael Lyon

Councillor’s supporting information:

Unauthorised camping has been an ongoing issue in Byron Shire and in particular in Brunswick Heads, for many years. It was hoped that the implementation of pay parking would assist as it was expected that freeloaders would be unwilling to pay to stay. Unfortunately, the result has been to intensify the use of other spaces, including residential streets, the boat harbour car park and other areas. Whilst there are many things going on, including roadworks, which is impacting on the community and its ability to find parks, the prevalence of van-lifers is a separate issue to parking demand and demands a focused response. A public statement of zero tolerance could be a way of drawing a line in the sand and making it clear that we are not going to put up with it anymore and are determined to ensure we protect the amenity of the area.

The budget for our compliance team was increased by $250,000/year during the last term of Council, to ensure we can meet community expectations across all areas of compliance. This has easily paid for itself in extra fine revenue received since, though I understand it has levelled out now. Given the scale of the issue facing us in Brunswick Heads, it may be worthwhile to consider another increase, even if temporarily, so that we could back up any public declaration with firm action.

Some residents are feeling unsafe due to interactions they have had with some of the more unreasonable itinerants and are fearing reprisals. There are almost daily stories of van-lifers disrespecting our town and our Shire, and as the photos show, treating the area like a public campground. We had a similar issue in South Beach Lane (see photos 3 and 4), and Council acted decisively to ensure the park could be returned to the use of all rather than becoming an anti-social free campground. Now we can see this same site at the boat harbour every evening and in places like Fawcett St and Mona Lane, leaving rubbish, filling public bins and private bins to overflowing, playing loud music until late and treating it like a campground.

It is essential Council acts decisively and makes it clear we will no longer tolerate this behaviour. We do not want to see a situation where residents feel abandoned and start taking matters into their own hands. There has been some online commentary that this is a situation which demands a compassionate approach as many people are homeless in the area. Having spoken to a number of residents in recent weeks and having walked around, I believe this is a smokescreen and that 99% of the people involved are travellers. If we do need to consider this angle with compassion, then perhaps we can discuss ways for genuinely homeless people to register number plates so that our compliance team have the necessary information to act appropriately. Previous conversations with compliance staff seem to indicate that our teams know who the genuinely homeless locals are and we provide them information on where to park where they will not be hassled. For the rest, we need to keep moving them on, until there is nowhere in the Shire left and word gets out that we will not tolerate it. Currently, traveller websites and chat groups encourage people to come here because you don’t get hassled and that has to change.

Scattered rubbish in public space from van-lifers Van-lifers overfilling public rubbish bins

Van-lifers using South Beach Lane

Staff comments

by Shannon Burt, Director Sustainable Environment and Economy and Sarah Nagel, Manager Public and Environmental Services

Staff response to the matters raised in the notice of motion follows:

Points 1 and 2

Matters for Councillors to consider and resolve a position on.

Point 3

a. Council’s Compliance Officers are proactively and regularly patrolling unauthorised camping in Brunswick Heads and issuing penalty infringement notices. Council’s Parking Officers are also proactively and regularly undertaking parking patrols in Brunswick Heads and issuing penalty infringement notices.

These patrols are undertaken with an optimised roster considering the different team responsibilities and with workplace health and safety for staff put first. In the preceding three months, 15% of penalty infringement notices issued by Council’s Compliance and Parking Officers were issued in Brunswick Heads hotspots.

Both teams are engaging with unauthorised campers in hotspot areas and communicating Council’s position. Both teams have engaged with Council’s Public Space Liaison Officers, where identified as appropriate.

All enforcement action is being undertaken in accordance with Council’s Enforcement Policy, Council’s Environment & Safety Priorities Program 2024 and the NSW Government Protocol for Homeless People in Public Places. Council officers do not have the same protections or powers as NSW Police Officers.

b. Compliance Officers are restricted to their lawful jurisdiction and delegated functions. Council’s Compliance Services Team are working in partnership with Council’s Traffic Management Team to extend parking restrictions (including paid parking) in identified hotspots. Extended parking restrictions have now been reported to the Local Traffic Committee and are included in the Minutes report on this meeting’s agenda. These changes will support enforcement action in this hotspot area.

c. Compliance Officers continue to work in partnership with other responsible land managers, including Reflections, Crown Lands, Transport for NSW, National Parks and Wildlife Service, and local Police. Council has led an interagency approach to managing complaints and responding to hotspot activity since the end of COVID-19 restrictions. This includes ongoing, coordinated enforcement efforts through an executed MOU, shared media, communications, signage, patrols, and management strategies.

Brunswick Heads is now the primary hotspot in Byron Shire.

Other responsible landowners have limited resources to commit to these efforts, which affects combined and coordinated enforcement responses. Consequently, this impacts how the Compliance Services Team can operate, as does the current legislation and its application.

d. Council’s Compliance Services Team is adequately resourced to manage Council’s enforcement response. However, Compliance Officers are limited to certain functions and enforcement abilities by legislation, regulations and guidelines. Council Officers must operate within these limitations when taking enforcement action and cannot perform the enforcement functions of other enforcement agencies.

Council Officers can issue penalty infringement notices and court attendance notices but do not have move-on powers. Unauthorised camping infringements are limited to a person sleeping overnight in a location and parking fines are limited by signage restrictions under the Roads Act. The associated legislation limits the time for and the number of infringements that can be issued by a Council Officer.

Financial/Resource/Legal Implications:

The Compliance program is managed within the existing operational budget allocation.

Is the proposal consistent with any Delivery Program tasks?

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
2: Inclusive Community We have an inclusive and active community where diversity is embraced and everyone is valued	2.2: Enhance safety and contribute to the physical, mental, and spiritual health and well being of our people	2.2.3: Regulatory controls and compliance - Enhance public safety, health and liveability through the use of Council's regulatory controls and services	2.2.3.1	Undertake proactive camping patrols of streets and public places throughout the Shire
2: Inclusive Community We have an inclusive and active community where diversity is embraced and everyone is valued	2.5: Create social impact and initiatives that address disadvantage	2.5.3: Rough sleepers - Work in partnership to reduce and end rough sleeping through community action	2.5.3.1	Respond to people experiencing homelessness and rough sleepers through engagement and referrals to appropriate support and housing services
5: Connected Infrastructure We have connected infrastructure, transport, and facilities that are safe, accessible, and reliable	5.2: Connect the Shire through integrated transport services	5.2.4: Parking - Manage parking through effective controls that support Movement and Place Plans and are coordinated with other initiatives such as park and ride	5.2.4.1	Undertake regular and frequent parking patrols to increase availability and turnover in the Town and Village centres

BYRON SHIRE COUNCIL

Notices of Motion 9.6

Notice of Motion No. 9.6 Strategic Water Infrastructure Opportunity

File No: I2025/812

I move that Council:

1. Notes there is a current off-market opportunity to purchase the land identified in Attachment 1 (#E2025/56288), a key strategic site relating to the future of Mullumbimby's water supply;

2. Reassesses the cost estimates from the previously commissioned water infrastructure study based on a scenario where this land is assumed to be the site for a new off-stream storage reservoir and water treatment plant;

3. Ensures that updated cost estimates include:

a) Land acquisition, noting the subject site is currently for sale off-market

b) Construction of a new water treatment plant on the site

c) Construction of a new off-stream storage reservoir to the south of the property, noting the suitable topography for such a facility;

4. Notes that the existing water main to Mullumbimby currently bisects the site, providing an opportunity for efficient integration with future infrastructure; and

5. Requests that the above be reported back to Council, or presented in a workshop format, in a timely manner, acknowledging the time-sensitive nature of the off-market property availability.

Attachments:

1 Confidential - Subject Land, E2025/56288

Signed: Cr Sarah Ndiaye

Councillor’s supporting information:

Mullumbimby is currently at a critical juncture in determining the future of its town water supply. Council has been exploring options to secure a long-term, sustainable, and resilient water source. The existing system, based on local water capture and treatment, is increasingly vulnerable to climate impacts, aging infrastructure, and population growth.

Recent strategic planning identified the need for either significant upgrades to the current system or connection to a broader regional supply. Among the preferred local solutions is the development of a new water treatment facility and an off-stream storage reservoir to enhance capacity and reliability.

The land identified in Attachment 1 has been identified as a strategically significant site for this infrastructure. The property offers key advantages:

· It is currently available for purchase off-market.

· It features suitable topography to support a large-scale water storage reservoir.

· The existing Mullumbimby water main bisects the property, offering practical and cost-effective integration with future infrastructure.

This opportunity aligns with Council’s commitment to long-term water security and infrastructure planning. By reassessing infrastructure costs with this site in mind, Council can make an informed decision that supports sustainable growth and resilience for the Mullumbimby community.

Staff comments

by Christopher Soulsby, Manager Assets and Major Projects, Infrastructure Services:

At the meeting of 24 October 2024 Council resolved (24-477) that:

1. The decision to pursue a permanent connection to Rous be deferred for up to two years.

2. Council continues with the emergency connection to Rous as planned and investigates operational regimes to minimise the risk of water quality incidents, as has been done for the existing emergency line.

3. Council seeks to renegotiate an interim agreement for a reduced cost for emergency supply during this period with Rous.

4. That a staged investigation into integrated water supply options be continued, including off stream storage and a hybrid solution with Lavertys Gap and Rous, and:

a. the investigation includes an options workshop with community, and direct community input to multi-criteria weightings to compare options;

b. regular progress reports be provided to the Council during this investigation period; and

c. investigations into the possible reinstatement of the hydroelectric plant be explored. (Ndiaye/Hauge)

At the 17 April 2025 Water and Sewer Advisory Committee meeting a project plan and timeline to deliver the outcomes required by point 4 of the resolution was presented to the committee for endorsement.

Following the committee meeting, and in accordance with the project plan, a brief to develop the decision-making framework with the community was sent out to consultants. On 12 May 2025 Natural Capital Economics (NCE) submitted their response and were appointed on 19 May 2025 to undertake the following tasks:

- Task 1 - Development of a decision-making framework that aligns with the NSW Government Business Case Guidelines - TPG24-29. These provide an established framework to guide policy or investment decisions, and will ensure that Council’s consideration of water supply options for Mullumbimby is aligned with best practice. If external public funding is required (and available), the assessments and outputs from this project can then be easily included into a detailed business case to the NSW Government.

- Task 2 - Audit and gap analysis of previous assessments, including (but not limited to):

o Technical assessments of option development.

o Extent of stakeholder/community engagement.

o Robustness of current and projected water demand assessments.

o Environmental, economic, financial and social impact assessments.

This evaluation will gauge the appropriateness of previous work to feed into the decision-making framework developed in Task 1. This will be supported by engaging with Council staff and, where feasible, with previous consultants, to understand challenges and complexities with previous assessments.

- Task 3 - Identify additional technical assessments based on the outcomes of Task 2. Consideration will be given to appropriate sequencing of these technical assessment to inform the methodology for delivery.

- Task 4 - Develop robust stakeholder engagement strategy that can directly and meaningfully feed into the decision-making process. This may include:

o Surveys to capture specific stakeholder input into multi-criteria analysis.

o Facilitating focus groups and/or workshops to identify key social impacts from options.

o Targeted engagement with a community or stakeholder reference group or other fit-for-purpose deliberative process.

- Task 5 - Consolidate approach and budgeting. This task involves consolidating findings from preceding tasks into a recommended project delivery plan and indicative budget for the next 14-16 months of work.

These tasks are to be completed by end of June 2025.

The notice of motion (NOM) bypasses the above tasks, options analysis, and stakeholder engagement that are required by resolution 24-477.

The NOM could run in parallel to resolution 24-477. It is noted that the NOM does not initiate the acquisition of the land but calls for a report or workshop on the findings.

The cost estimates required by part 3 of the NOM would be reported and considered by Council in the absence of the cost benefit analysis of the other options listed in the resolution 24-477 being, the hybrid solution, connection to Rous water. The NOM only considers offline storage and a new treatment plant. The approach set out in the NOM does not conform to best practice as set out in the NSW Government Business Case Guidelines - TPG24-29 as it only considers one option.

Financial/Resource/Legal Implications:

The off market approach by a land owner to sell land is an unsolicited proposal as defined in Council’s 2023 Unsolicited Proposals Guideline.

An unsolicited Proposal is an “Approach to Council from a Proponent with a proposal to deal directly with Council over a commercial proposition, where Council has not requested the proposal. This may include proposals to build and/or finance infrastructure, provide goods or services, or undertake a major commercial transaction.”

A copy of the Guideline is provided as Attachment 2.

Should the NOM be adopted then in addition to the specific actions set out in the NOM staff would manage the unsolicited proposal as per stages 1-4 set out in the guidelines.

The NOM itself does not require any additional resources as these activities can be undertaken within the existing budget.

However, should the land acquisition proceed, and offline storage is not the preferred option for the Mullumbimby water supply this could have significant adverse impacts on the Water Fund.

Is the proposal consistent with any Delivery Program tasks?

The NOM is not inconsistent with the following action in the Delivery Program.

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
5: Connected Infrastructure	5.5: Provide continuous and sustainable water and sewerage management	5.5.1: Water supply - Provide a continuous water supply that is maintained in accordance with NSW Health guidelines	5.5.1.8	Undertake Mullumbimby Water Treatment Plan Improvement Plan
5: Connected Infrastructure	5.5: Provide continuous and sustainable water and sewerage management	5.5.1: Water supply - Provide a continuous water supply that is maintained in accordance with NSW Health guidelines	5.5.1.9	Complete emergency water supply detailed alignment construction for Mullumbimby

BYRON SHIRE COUNCIL

Notices of Motion 9.10

Notice of Motion No. 9.10 Mullumbimby Tennis Courts Licence

File No: I2025/837

I move that Council:

1. Provides details on the process leading to the award of licences for management of the Mullumbimby Tennis Facility; and

2. Outlines details of the Council Policies that supported this process.

Attachments:

1 Confidential - Submissions - EOI Mullumbimby Tennis Facility, E2025/58437

2 Policy: Leasing and Licensing 2021 (current_policies), E2021/141396

Signed: Cr Michael Lyon

Councillor’s supporting information:

Council recently ran a process seeking expressions of interest in a 5-year licence for the management of the Mullumbimby Tennis Facility. Some community members have reached out to Councillors seeking assurance that EOI was undertaken in a fair and equitable manner, given the long history that the Mullumbimby Tennis Club has on the site. There are also assurances being sought that the local coach, who is very well respected and loved, will be able to continue operating from the site.

Staff comments

by Malcolm Robertson, Manager Open Space & Facilities, Infrastructure Services:

Council is a public authority, and its procurement process must be open to, and able to

withstand, public scrutiny. It is critical that Council’s procedures are of the highest

ethical standard and provide confidence to the public. To support this approach

Council has adopted Code of Conduct, Business Ethics Statement and Procurement and Purchasing Policy. In addition, Council must also comply with the

legislative obligations:

· Local Government Act 1993

· Local Government (General) Regulation 2021

· Tendering Guidelines for NSW Local Government 2009

The Mullumbimby tennis facilities are on designated Community Land within Crown Reserve 31910.

The Local Government Act 1993 No 30 sets the responsibilities and powers of councils in relation to dealing in community land. Division 2 governs use and management of community land. Under section 35, Community land is required to be used and managed in accordance with the plan of management applying to the land.

Lease, licence or other estate in respect of community land may be granted, in accordance with an express authorisation in the plan of management, for the provision of goods, services and facilities, and the carrying out of activities, appropriate to the current and future needs within the local community and of the wider public in relation to public recreation.

Council Policy Leasing and Licensing (attached) stipulates a competitive process must be followed, and grant of a lease or licence will require approval of the General Manager or a Director when the term and value of the lease and licence permits.

The adopted Plan of Management for the Mullumbimby Recreation Reserve guides use of the reserve with the aim of satisfying community needs consistent with statutory requirements and the sustainability of this community and recreation resource.

Core objectives of the Plan of management include;

· encouraging community based shared management of facilities through principal user groups;

· promoting shared use to support the active sporting community in the Brunswick Valley;

· enabling multi-use of facilities where practicable;

· maintaining an adequate and consistent standard of facilities and maintenance of sports fields in conjunction with user groups;

· promoting easy access for non-organised sporting and recreational activities, where consistent with organised sporting activities;

Mullumbimby Tennis Facility Licence Agreement

The current licence over the Mullumbimby Tennis courts lapsed on 31 May 2025. To facilitate renewal of a Licence for a period not exceeding 5 years, an open market Expression of Interest process was followed through Council’s electronic tendering and online quotation system, VendorPanel. Distributing requests for quote and tender documents through VendorPanel ensures that all potential respondents receive the same information and that addenda can be easily distributed to all interested parties. It also creates an audit trail.

It was determined that the appropriate course of action to call for submissions was an EOI based on:

• The facility is on Crown Land and is a valuable public asset.

• Desire to improve community outcomes and sustainability

• Requirement to establish a sinking fund held by Council for capital reinvestment in the facility.

• Requirement for improved reporting on usage data to support grant funding and defined assessment usage targets are met

• To ensure that courts are available for use by the public and not operated for private profit (Crown Lands Act 1989, NSW)

• To encourage, promote and facilitate recreational pursuits in the community involving organised and informal sporting activities and games. (Local Government Act 1993, NSW)

Commercial Coaching Arrangements.

Concerns around a local coach being able to continue operating from the site have been noted. Local business, Northern Rivers Tennis Academy, has to date enjoyed exclusive control over all commercial coaching activities at the Mullumbimby tennis facility. Northern Rivers Tennis Academy also provide coaching services to Bangalow, Ballina, Tintenbar and Ocean Shores Tennis Clubs.

NET Community indicated that they have been working closely with Tennis NSW around coaching practices and talent. NET currently engage with high-performance Tennis Australia-certified coaches as well as those certified by other recognised institutions across the region as we promote and enhance the NET League.

NET Community have indicated that they intend seeking formal submissions from existing and potential tennis coaches for the facility. NET believe there will be strong interest from the professional coaching community, and that through this open process they can ensure the best options for the community. NET have advised that they are happy to discuss any concerns directly with Northern Rivers Tennis Academy

Transition Arrangements

All parties have been notified of the outcome, with preferred supplier Byron Bay Community Tennis Inc. t/as North East Tennis Community (NET) returning acceptance. At time of drafting this report, the proposed licence terms had not been settled, with intended changeover date to be 1 July 2025.

NET have expressed intention to be inclusive to current Mullumbimby members as they transition into management of the facility. NET in their submission recognised the Mullumbimby Tennis Club history and indicated appreciation and respect for the Mullumbimby locals who have worked so hard, along with intention to ensure existing members are included in the governance structure of NET.

Members of the NET already actively participate in Mullumbimby Tennis activities and in building their submission undertook consultation with Mullumbimby tennis players and club volunteers, including current and former presidents and committee members. NET intend to work with Mullumbimby residents to enhance the utilisation of the courts with a vision towards making them centre stage for major Shire tennis activities.

Is the proposal consistent with any Delivery Program tasks?

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
5: Connected Infrastructure	5.4: Provide accessible community facilities and open spaces	5.4.4: Sporting facilities and swimming pools - Ensure ongoing maintenance and upgrade of inclusive sporting facilities and swimming pools	5.4.4.6	Work with sport and community groups to build relationships and help drive increased participation opportunities and event attraction for people of all abilities

BYRON SHIRE COUNCIL

Staff Reports - General Manager 13.1

Staff Reports - General Manager

Report No. 13.1 Licencing for 18 Fletcher Street, Byron Bay (Fletcher St Cottage)

Directorate: General Manager

Report Author: Lyndal Brennan, Leasing Coordinator

File No: I2025/448

Summary:

This report considers options for the future licensing of the Council-owned building at 18 Fletcher Street, Byron Bay.

RECOMMENDATION:

That Council:

1. Authorises the General Manager to negotiate and grant a licence on terms consistent with this report to the Byron Bay Community Association Incorporated (BCC) to occupy the building at 18 Fletcher Street, Byron Bay (Cottage) for the purpose of providing the ‘homelessness services hub’.

2. Notes that if a licence is agreed, it would start immediately after the BCC’s current licence to occupy the Cottage ends on 7 May 2026.

3. Notes that the Cottage’s annual, market rent is valued at about $60,000, which the BCC will not pay under the proposed licence.

4. Notes that the forgone annual rent will be covered via a dividend or community service obligation contribution by Council’s water fund.

Report

The Council-owned building at 18 Fletcher Street, Byron Bay, is part of the town’s central business district.

The building is known colloquially as Fletcher Street Cottage (the Cottage).

The Cottage is currently occupied by the Byron Community Centre (BCC).

The BCC occupies the Cottage for the purpose of providing a ‘homelessness services hub’.

The BCC commenced its occupation in 2021. This was after a Council public expression of interest (EOI) about the Cottage’s use. The BCC was the only EOI respondent.

The BCC’s current Cottage licence expires on 6 May 2026.

The BCC has approached Council about the former continuing to occupy the Cottage after May 2026.

Since the BCC’s approach, other not-for-profit organisations have also expressed an interest to Council in using the Cottage to support local people experiencing, or at risk of, homelessness.

Given this, Council needs to decide whether to:

1. Negotiate solely with the BCC for the purpose of continuing its Cottage occupation beyond May 2026; or

2. Determine the Cottage’s post-2026 occupant via another expression of interest (EOI).

Each of these options is considered below.

Option one – Directly negotiate further licence with BCC

This option would continue to support the provision of homelessness services to the community through a known licensee and service provider. BCC has delivered valuable homelessness and related services to the community through the site.

BCC’s current licence conditions are centred around service design, review and reporting. These requirements would be reviewed and updated for a subsequent licence.

During the existing licence term, BCC also partnered with Creative Capital to make improvements to the site above and beyond what Council resourcing could achieve.

The improvements have helped with service delivery to community members and contributed to asset renewal.

Alongside the benefits noted above, this option also comes with trade-offs.

The BCC currently pays a nominal licence fee for the Cottage of just a few hundred dollars a year. The opportunity cost of this is the potential market rent for the Cottage, which is valued at about $1,200 a week.

Meanwhile, despite its fundraising and volunteering efforts, BCC’s service provision has been constrained during the current licence due to a lack of resources.

This has reduced the Cottage’s opening hours and days. Currently, the Cottage is open Tuesday-Friday mornings, plus one weekly session from 1-3pm for women only.

This means the Cottage’s potential community benefit is not what it could be.

This may change if BCC receives funding through the upcoming Specialist Homelessness Service Recommissioning (due in July 2026), or other revenue sources. But this can’t be guaranteed.

BCC initially approached Council seeking a 30-year term. The BCC subsequently revised this down to a 20-year licence term. Staff advised that a long-term licence wasn’t a reasonable response to the above context.

Instead, the proposed new licence for the BCC would:

· Run for five years.

· Provide the opportunity for a further five-year licence.

· Be subject to the provision of certain service levels.

· Provide for the licence fee to be reasonably reviewed.

The proposed five-year licence from May 2026 also aligns with the strategic asset planning currently underway across Council.

Option two – expression of interest (EOI)

Under option two, Council would test interest in the Cottage’s occupation after May 2026.

This testing isn’t mandatory. This is because the Cottage is classified as Council operational land. Council is generally free to deal with its operational land at it chooses.

The reason to test the Cottage’s demand anyway is due to Council’s broader commitment to the transparent use of public assets like the Cottage

Public testing would provide an opportunity for other not-for-profit service providers to make their case to occupy the Cottage and demonstrate how they can best deliver services that help people experiencing, or at risk of, homelessness.

If a new service provider was granted a Cottage licence, this may increase the services available to local people experiencing homelessness.

The trade-off of an EOI is that it may only be of marginal benefit in this context. This is because an EOI for the Cottage wouldn’t be seeking interest in using the site for any purpose. It would only be seeking interest in the site for the purpose of providing homelessness services.

Because these services are only provided by non-profits, the opportunity cost of the foregone rent is likely the same via an EOI.

There is also no guarantee an EOI would lead to superior services being provided relative to the status quo.

BCC recommended

Given the BCC’s largely successful occupation of the Cottage since 2021, and that Council isn’t looking to change the Cottage’s use, it is recommended that Council authorises the General Manager to negotiate with BCC for a licence for the latter to provide homelessness services from May 2026.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
1: Effective Leadership	1.5: Empower community leadership through collaboration, capacity building, and cultivating community driven initiatives	1.5.2: Collaboration and capacity building - Collaborate with stakeholders to build community capacity	1.5.2.3	Establish and maintain leasing and licensing arrangements to ensure the tenure of Council owned and controlled assets

Legal/Statutory/Policy Considerations

s55 of the Local Government Act provides that requirements for tendering do not apply to contracts where, “(e) a contract for the leasing or licensing of land by the council, other than the leasing or licensing of community land for a term exceeding 5 years to a body that is not a non-profit organisation (see section 46A)”

Council’s Leasing and Licensing Policy states that the leasing and licensing of Council land and facilities aims to provide public assets that are well managed and maintained, while also ensuring that interests are granted transparently (section 4.1).

Council is currently reviewing its approach to both unsolicited approaches and lease and licence renewals. This work will continue throughout next financial year.

Financial Considerations

BCC pays the Crown minimum rent with an annual inflation adjustment under its current licence. The Crown minimum rent is $609 a year.

The Cottage’s nominal market rent value is $60,300 (ex-GST) a year.

This amounts to a current subsidy of $59,691 annually. The total subsidy on the current licence by May 2026 will be $298,455.

Another five-year licence to BCC from May 2026, along with a subsequent five-year renewal, would require a further $596,910 subsidy.

Consultation and Engagement

Internal: Corporate and Community Services; Legal, Leasing and Licensing and Director Infrastructure Services.

External: Valuer, Byron Bay Community Association Incorporated.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.2

Staff Reports - Corporate and Community Services

Report No. 13.2 Council Investments - 1 May 2025 to 31 May 2025

Directorate: Corporate and Community Services

Report Author: James Brickley, Manager Finance

File No: I2025/840

Summary:

This Report includes a list of investments and identifies Council’s overall cash position for the period 1 May 2025 to 31 May 2025 for information.

This Report is prepared to comply with Section 212 of the Local Government (General) Regulation 2021.

RECOMMENDATION:

That Council notes the report listing Council’s investments and overall cash position as of 31 May 2025.

Report

Council has continued to maintain a diversified portfolio of investments. As of 31 May 2025, the average 90-day bank bill rate (BBSW) for the month was 3.73%. Council’s performance for May 2025 was 4.48%. Performance higher than the BBSW indicates that Council earned a better return on its short-term investments compared to the market average.

The table below identifies the investments held by Council as at 31 May 2025.

Schedule of Investments held as at 31 May 2025

Purch Date	Principal ($)	Description	CP*	Rating	Maturity Date	Fossil Fuel	Type	Int. Rate	Current Value ($)
15/11/18	1,000,000.00	NSW Treasury Corp (Green Bond)	N	AAA	15/11/28	N	B	3.00%	964,560.00
28/03/19	1,000,000.00	National Housing Finance & Investment Corporation	Y	AAA	28/03/29	N	B	2.38%	939,650.00
27/11/19	500,000.00	National Housing Finance & Investment Corp	Y	AAA	27/05/30	N	B	1.52%	439,808.50
15/06/21	500,000.00	National Housing Finance & Investment Corp	Y	AAA	01/07/31	N	B	1.99%	499,681.02
06/09/21	1,000,000.00	Northern Territory TCorp	N	Aa3	15/12/26	N	B	1.40%	1,000,000.00
16/09/21	1,000,000.00	QLD Treasury Corp (Green Bond)	N	AA+	02/03/32	N	B	1.83%	815,320.00
30/10/23	850,000.00	Bank Australia Ltd	P	BBB+	30/10/26	N	FRN	5.84%	857,595.39
21/02/24	500,000.00	Bank Australia Ltd	N	BBB+	21/02/28	N	FRN	6.04%	507,194.93
12/05/25	5,000,000.00	Bank of QLD	P	A-	12/11/25	N	TD	4.45%	5,000,000.00
27/11/24	1,000,000.00	Westpac Tailored	P	AA-	27/11/25	N	TD	5.08%	1,000,000.00
02/12/24	5,000,000.00	NAB	P	AA-	02/06/25	Y	TD	5.10%	5,000,000.00
05/12/24	5,000,000.00	Bank of QLD	N	A-	03/06/25	N	TD	5.18%	5,000,000.00
03/01/25	1,000,000.00	Bank of QLD	N	A-	03/07/25	N	TD	5.00%	1,000,000.00
03/01/25	2,000,000.00	MyState Bank	P	BBB	07/07/25	N	TD	5.00%	2,000,000.00
30/01/25	1,000,000.00	AMP Bank	P	BBB+	29/07/25	Y	TD	5.05%	1,000,000.00
19/02/25	2,000,000.00	Judo Bank	N	BBB-	20/08/25	N	TD	4.70%	2,000,000.00
03/03/25	2,000,000.00	NAB	N	AA-	02/06/25	Y	TD	4.70%	2,000,000.00
04/03/25	2,000,000.00	Beyond Bank	P	BBB	02/09/25	N	TD	4.70%	2,000,000.00
04/03/25	2,000,000.00	Beyond Bank	N	BBB	03/06/25	N	TD	4.65%	2,000,000.00
04/03/25	2,000,000.00	Judo Bank	N	BBB-	03/06/25	N	TD	4.65%	2,000,000.00
12/03/25	1,000,000.00	Auswide Bank	P	BBB	10/06/25	N	TD	4.65%	1,000,000.00
17/03/25	2,000,000.00	NAB	N	AA-	16/06/25	Y	TD	4.70%	2,000,000.00
18/03/25	2,000,000.00	NAB	N	AA-	16/06/25	Y	TD	4.75%	2,000,000.00
19/03/25	2,000,000.00	Auswide Bank	N	BBB	18/06/25	N	TD	4.70%	2,000,000.00
21/03/25	2,000,000.00	Judo Bank	N	BBB-	20/06/25	N	TD	4.70%	2,000,000.00
03/04/25	2,000,000.00	Bank of QLD	N	A-	03/10/25	N	TD	4.80%	2,000,000.00
10/04/25	5,000,000.00	MyState Bank	N	BBB	09/10/25	N	TD	4.80%	5,000,000.00
07/04/25	2,000,000.00	NAB	N	AA-	07/07/25	Y	TD	4.70%	2,000,000.00
07/04/25	5,000,000.00	NAB	N	AA-	07/07/25	Y	TD	4.70%	5,000,000.00
14/04/25	5,000,000.00	Judo Bank	N	BBB-	14/07/25	N	TD	4.60%	5,000,000.00
14/04/25	1,000,000.00	NAB	N	AA-	14/07/25	Y	TD	4.60%	1,000,000.00
17/04/25	1,000,000.00	Judo Bank	N	BBB-	16/07/25	N	TD	4.60%	1,000,000.00
28/04/25	1,000,000.00	NAB	N	AA-	28/07/25	Y	TD	4.50%	1,000,000.00
01/05/25	1,000,000.00	AMP Bank	N	BBB+	05/08/25	Y	TD	4.35%	1,000,000.00
19/05/25	1,000,000.00	AMP Bank	N	BBB+	20/10/25	Y	TD	4.50%	1,000,000.00
21/05/25	1,000,000.00	Judo Bank	N	BBB-	20/08/25	N	TD	4.30%	1,000,000.00
N/A	19,205,637.99	CBA Business Saver	P	AA-	N/A	Y	CALL	4.10%	19,205,637.99
N/A	211,379.47	CBA Business Saver – Tourism Infrastructure Grant	N	AA-	N/A	Y	CALL	4.10%	211,379.47
N/A	1,948,950.89	Macquarie Accelerator Call	P	A	N/A	Y	CALL	4.15%	1,948,950.89
Total	91,715,968.35						AVG	4.48%	91,389,778.19

Note 1.	CP = Capital protection on maturity

	N = No Capital Protection
	Y = Fully covered by Government Guarantee
	P = Partial Government Guarantee of $250,000 (Financial Claims Scheme)

Note 2.	Fossil Fuel ADI
	N = No investment in Fossil Fuels
	Y = Investment in Fossil Fuels
	U = Unknown Status


Note 3.		Type	Description
		B	Bonds	Principal can vary based on valuation, interest payable via a fixed interest, payable usually each quarter.
		FRN	Floating Rate Note	Principal can vary based on valuation, interest payable via a floating interest rate that varies each quarter.
		TD	Term Deposit	Principal does not vary during investment term. Interest payable is fixed at the rate invested for the investment term.
		CALL	Call Account	Principal varies due to cash flow demands from deposits/withdrawals. Interest is payable on the daily balance.

Environmental and Socially Responsible Investing (ESRI)

An additional column has been added to the schedule of Investments to identify if the financial institution holding the Council investment has been assessed as a ‘Fossil Fuel’ investing institution. This information has been sourced through www.marketforces.org.au and identifies financial institutions that either invest in fossil fuel related industries or do not. The graph below highlights the percentage of each classification across Council’s total investment portfolio in respect of fossil fuels only.

The notion of Environmental and Socially Responsible Investing is much broader than whether a financial institution as rated by ‘marketforces.org.au’ invests in fossil fuels or not. Council’s current Investment Policy defines Environmental and Socially Responsible Investing at Section 4.1 of the Policy which can be found on Council’s website.

Council may from time to time have an investment with a financial institution that invests in fossil fuels but is nevertheless aligned with the broader definition of Environmental and Socially Responsible investments. When this occurs, the investment will be marked as no fossil fuels given the investment purpose.

During the month of November 2024 as an example, Council undertook a reinvestment with Westpac Bank as a tailored deposit. The investment proceeds are utilised for environmental purposes as this investment in Climate Bond Ceritifed.

With the lifting of the NSW Treasury Corporation loan borrowing covenant on Council’s investments, growth has recommenced in acquiring investments not aligned with fossil fuels. Council’s portfolio reached its lowest point in August 2023 at 15% and as at 31 May 2025, the portfolio has been stable and is currently at 55%.

Investment Policy Compliance

The below table identifies compliance with Council’s Investment Policy by the proportion of the investment portfolio invested with financial institutions, along with their associated credit ratings compared to parameters in the Investment Policy. The parameters are designed to support prudent short and long-term management of credit risk and ensure diversification of the investment portfolio. Note that the financial institutions currently offering investments in the ‘ethical’ area are still mainly those with lower credit ratings (being either BBB or not rated at all i.e., credit unions).

The investment portfolio is outlined in the table below by investment type for the period 1 May 2025 to 31 May 2025:

Investment policy compliance
% should not exceed the following			ACTUAL

AAA to AA	A1+	100%	50%	Meets policy
A+ to A-	A1	60%	16%	Meets policy
BBB to NR	A2,NR	40%	34%	Meets policy

Dissection of Council Investment Portfolio as at 31 May 2025

Principal Value ($)	Investment Linked to:	Current Market Value ($)	Cumulative Unrealised Gain/(Loss) ($)
64,000,000.00	Term Deposits	64,000,000.00	0.00
19,205,637.99	CBA Business Saver	19,205,637.99	0.00
211,379.47	CBA Business Saver – Tourism Infrastructure Grant	211,379.47	0.00
1,948,950.89	Macquarie Accelerator	1,948,950.89	0.00
6,350,000.00	Bonds/Floating Rate Notes	6,023,809.84	(326,190.16)
91,715,968.35	Total	91,389,778.19	(326,190.16)

Council’s overall ‘cash position’ is not only measured by funds invested but also by the funds retained in its consolidated fund or bank account for operational purposes. The table below identifies Council’s overall cash position for the month of May 2025 as follows:

Dissection of Council’s Cash Position as at 31 May 2025

Item	Principal Value ($)	Current Market Value ($)	Cumulative Unrealised Gain/(Loss) ($)
Investments Portfolio
Term Deposits	64,000,000.00	64,000,000.00	0.00
CBA Business Saver	19,205,637.99	19,205,637.99	0.00
CBA Business Saver – Tourism Infrastructure Grant	211,379.47	211,379.47	0.00
Macquarie Accelerator	1,948,950.89	1,948,950.89	0.00
Bonds	6,350,000.00	6,023,809.84	(326,190.16)
Total Investment Portfolio	91,715,968.35	91,389,778.19	(326,190.16)
Cash at Bank
Consolidated Fund	3,723,200.40	3,723,200.40	0.00
Total Cash at Bank	3,723,200.40	3,723,200.40	0.00
Total Cash Position	95,439,168.75	95,112,978.59	(326,190.16)

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
1: Effective Leadership	1.3: Ethical and efficient management of resources	1.3.1: Financial Management - Ensure the financial integrity and sustainability of Council through effective financial management	1.3.1.6	Maintain Council's cash flow

Legal/Statutory/Policy Considerations

In accordance with Section 212 of the Local Government (General) Regulation 2021, the Responsible Accounting Officer of Council must provide Council with a monthly report detailing all monies it has invested under section 625 of the Local Government Act 1993.

The Report must be presented at the next Ordinary Meeting of Council after the end of the month being reported. The current Council Meeting cycle does not always allow this to occur, especially as investment valuations required for the preparation of the report are often received after the deadline for the submission of reports. Endeavours are being made to achieve a better alignment and for some months this will require reporting for one or more months.

Council’s investments are made in accordance with section 625(2) of the Local Government Act 1993 and Council’s Investment Policy. The Local Government Act 1993 allows Council to invest money as per the Minister’s Order – Forms of Investment, last published in the Government Gazette on 11 March 2011.Council’s Investment Policy includes the objective of maximising earnings from authorised investments and ensuring the security of Council Funds.

Financial Considerations

Council uses a diversified mix of investments to achieve short, medium, and long-term results.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.5

Report No. 13.5 Adoption of a Code of Meeting Practice

Directorate: Corporate and Community Services

Report Author: Heather Sills, Manager Corporate Services

File No: I2025/710

Summary:

The Model Code of Meeting Practice for Local Councils in NSW is made under section 360 of the Local Government Act 1993 and clause 232 of the Local Government (General) Regulation 2021.

Council must adopt a code of meeting practice that incorporates the mandatory provisions of the Model Meeting Code within 12 months of the local government elections. Council’s adopted meeting code must not contain provisions that are inconsistent with the mandatory provisions. Council’s adopted meeting code may also incorporate the non-mandatory provisions of the Model Meeting Code and any other supplementary provisions adopted by the council.

In 2024, the Office of Local Government (OLG) proposed amendments to the Model Meeting Code and invited feedback from councils. Council endorsed a submission (Resolution 25-017), outlining key implications and recommendations. According to the OLG’s website, the new Model Code was expected to be prescribed in early 2025.

However, as the updated Model Meeting Code has not yet been prescribed and Council is legislatively required to adopt a Code of Meeting Practice within 12 months of the election, a draft Code of Meeting Practice is now presented for consideration. This draft is identical to the current adopted Code, which has been in effect since 2022.

This will enable Council to meet its obligations under section 361 of the Local Government Act 1993, that councils must first exhibit a draft of the code of meeting practice for at least 28 days and provide members of the community at least 42 days in which to comment on the Draft Code of Meeting Practice.

RECOMMENDATION:

That Council:

1. Notes that the Code of Meeting Practice (#E2025/52682) incorporates both the mandatory and non-mandatory provisions of the prescribed Model Code of Meeting Practice for Local Councils in NSW.

2. Places the Code of Meeting Practice on public exhibition for a period of 28 days and invites submissions for a period of 42 days (those periods running partly concurrently) and that:

a) Should no submissions be received, the Code of Meeting Practice be adopted, or

b) Should any submissions be received, those submissions be reported to Council prior to adoption.

Attachments:

1 Draft Code of Meeting Practice 2025, E2025/52682

Report

The Office of Local Government (OLG) prescribes a Model Code of Meeting Practice for Local Councils in NSW (Model Meeting Code). The Model Meeting Code contains both mandatory and non-mandatory provisions.

The OLG sought feedback earlier this year on draft amendments to the Model Meeting Code. These changes were proposed as part of broader reforms flagged by the Minister for Local Government in a September 2024 discussion paper, Councillor Conduct and Meeting Practice: A New Framework.

Council reviewed the proposed amendments to the draft Model Meeting Code and, through Resolution 25-017, made a formal submission raising concerns and outlining several points of disagreement.

The OLG has yet to release an updated Model Meeting Code, despite the webpage indicating that it is expected to be prescribed in early 2025.

Under the Local Government Act 1993, councils are required to adopt a Code of Meeting Practice within 12 months of the local government elections, therefore by September 2025.

As the new Model Meeting Code has not been prescribed, Council is now required to proceed with public exhibition of a draft Code of Meeting Practice. A Draft Code of Meeting Practice 2025 has been prepared for Council’s consideration (Attachment 1).

It is anticipated that the OLG may release the updated Model Meeting Code after this process. If that occurs, Council will be required to revisit and re-adopt its Code of Meeting Practice in line with the prescribed provisions.

Draft Code of Meeting Practice – amendments

This draft is based largely on the current adopted version, in effect since 2022.

A minor administrative correction has been made to include a reference to the welcome and Acknowledgement of Country at the start of each meeting. This has been a common practice for many years.

The Conflict of Interest template has also been updated to reflect the provisions of the Code of Meeting Practice relating to not significant non-pecuniary declarations of interest. That is, to remove options for the Councillor to remain in the Chamber but not participate in the vote, as this action has unintended consequences in the application of provisions in the Code of Meeting Practice (11.4) which state that “A councillor who is present at a meeting of the council but who fails to vote on a motion put to the meeting is taken to have voted against the motion.”

Draft Code of Meeting Practice – application and adoption

The Model Meeting Code comprises of mandatory and non-mandatory provisions.

Council must adopt a code of meeting practice that incorporates the mandatory provisions of the Model Meeting Code. Council’s adopted meeting code must not contain provisions that are inconsistent with the mandatory provisions.

Council’s adopted meeting code may also incorporate the non-mandatory provisions of the Model Meeting Code, and any other supplementary provisions adopted by the council. The non-mandatory provisions cover areas of meeting practice that are common to most councils but where there may be a need for some variation in practice between councils based on local circumstances.

The Code of Meeting Practice, once adopted, applies to all meetings of council and committees of council of which all the members are councillors (committees of council). Council committees whose members include persons other than councillors may adopt their own rules for meetings unless the council determines otherwise.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
1: Effective Leadership	1.1: Enhance trust and accountability through open and transparent leadership	1.1.2: Governance - Ensure legislative compliance and support Councillors to carry out their civic duties	1.1.2.7	Implement and manage training in respect of Council's Code of Meeting Practice