Agenda of Floodplain Management Advisory Committee Meeting

CONFLICT OF INTERESTS

What is a “Conflict of Interests” - A conflict of interests can be of two types:

Pecuniary - an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.

Non-pecuniary – a private or personal interest that a Council official has that does not amount to a pecuniary interest as defined in the Code of Conduct for Councillors (eg. A friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).

Remoteness – a person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to a matter or if the interest is of a kind specified in the Code of Conduct for Councillors.

Who has a Pecuniary Interest? - a person has a pecuniary interest in a matter if the pecuniary interest is the interest of the person, or another person with whom the person is associated (see below).

Relatives, Partners - a person is taken to have a pecuniary interest in a matter if:

· The person’s spouse or de facto partner or a relative of the person has a pecuniary interest in the matter, or

· The person, or a nominee, partners or employer of the person, is a member of a company or other body that has a pecuniary interest in the matter.

N.B. “Relative”, in relation to a person means any of the following:

(a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descends or adopted child of the person or of the person’s spouse;

(b) the spouse or de facto partners of the person or of a person referred to in paragraph (a)

No Interest in the Matter - however, a person is not taken to have a pecuniary interest in a matter:

· If the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative or company or other body, or

· Just because the person is a member of, or is employed by, the Council.

· Just because the person is a member of, or a delegate of the Council to, a company or other body that has a pecuniary interest in the matter provided that the person has no beneficial interest in any shares of the company or body.

Disclosure and participation in meetings

· A Councillor or a member of a Council Committee who has a pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable.

· The Councillor or member must not be present at, or in sight of, the meeting of the Council or Committee:

(a) at any time during which the matter is being considered or discussed by the Council or Committee, or

(b) at any time during which the Council or Committee is voting on any question in relation to the matter.

No Knowledge - a person does not breach this Clause if the person did not know and could not reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest.

Non-pecuniary Interests - Must be disclosed in meetings.

There are a broad range of options available for managing conflicts & the option chosen will depend on an assessment of the circumstances of the matter, the nature of the interest and the significance of the issue being dealt with. Non-pecuniary conflicts of interests must be dealt with in at least one of the following ways:

· It may be appropriate that no action be taken where the potential for conflict is minimal. However, Councillors should consider providing an explanation of why they consider a conflict does not exist.

· Limit involvement if practical (eg. Participate in discussion but not in decision making or vice-versa). Care needs to be taken when exercising this option.

· Remove the source of the conflict (eg. Relinquishing or divesting the personal interest that creates the conflict)

· Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as of the provisions in the Code of Conduct (particularly if you have a significant non-pecuniary interest)

RECORDING OF VOTING ON PLANNING MATTERS

Clause 375A of the Local Government Act 1993 – Recording of voting on planning matters

(1) In this section, planning decision means a decision made in the exercise of a function of a council under the Environmental Planning and Assessment Act 1979:

(a) including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act, but

(b) not including the making of an order under that Act.

(2) The general manager is required to keep a register containing, for each planning decision made at a meeting of the council or a council committee, the names of the councillors who supported the decision and the names of any councillors who opposed (or are taken to have opposed) the decision.

(3) For the purpose of maintaining the register, a division is required to be called whenever a motion for a planning decision is put at a meeting of the council or a council committee.

(4) Each decision recorded in the register is to be described in the register or identified in a manner that enables the description to be obtained from another publicly available document, and is to include the information required by the regulations.

(5) This section extends to a meeting that is closed to the public.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 3.2

Report No. 3.2 Post Flood Event Update

Directorate: Infrastructure Services

Report Author: Scott Moffett, Drainage & Flood Engineer, IS - Works - Infrastructure Planning

File No: I2022/345

Summary:

Following the recent flooding and rain events, Council has been working closely with State Emergency Services (SES), the Department of Planning & Environment (DPE) along with specialist flooding external consultants to undertake a post event/s data collection and summary report.

This report provides a summary of actions and ongoing activities for discussion by the Flood Advisory Committee (FAC).

RECOMMENDATION:

That the FAC discusses and notes the report and attachments.

Attachments:

1 Confidential - CONFIDENTIAL - OEH Calibration Assessment, E2022/34483

Report

Council initiated the first phase internal post event survey protocols immediately following the recent events. Council’s Flooding and Drainage Engineer was the contacted by SES to collaborate for obtaining post event survey marks. SES contracted Public Works Advisory (PWA) to provide survey resourcing across the Byron Shire. All survey is to be supplied and funded by SES. DPE then became involved to oversee the data collection. Council’s Flooding and Drainage Engineer worked closely with SES, DPE and PWA to isolate the areas of interest with a focus on the main urbanised areas of the shire. Post event survey has now been completed and SES, DPE and PWA, along with Council are currently collating the data and undertaking quality assurance. This data will be available for use by Council in the coming weeks. Survey has covered the Brunswick River, Belongil and Tallow Creek catchments.

Council then initiated the second phase of post event survey protocols. This has involved releasing media alerts to all shire residents to ask for assistance with collection of additional private property survey. This initiative has been very successful with 126 responses received so far and more coming in every day. Over the coming weeks Council will be mobilising survey resources to begin the final stage of the survey involving surveying private property recorded flood marks. The scope, timing and funding arrangements are still being negotiated with various Government departments and authorities together with Council.

Council contacted DPE to initiate post event technical analysis. Following discussions with Council’s Flooding and Drainage Engineer, DPE kindly agreed to completely fund all the post event technical analysis. The high-level scope of works is included in the attached document. The post event technical analysis will cover the Brunswick River, Belongil and Tallow Creek catchments. WMA (Council’s lead flood consultant for the Brunswick River catchment) was commissioned by DPE for the Brunswick River catchment and BMT (Council’s lead flood consultant for the Belongil catchment) was commissioned by DPE for the Belongil and Tallow Creek catchments. The attachment contains a high level scope for the Brunswick River catchment and the scope for the Belongil and Tallow Creek catchments will follow closely this methodology for the Brunswick River catchment’s scope.

There is a large amount of works involved to complete the post event technical analysis and current estimates from DPE and consultants is likely to take between two to three months as aminimum.

Key issues

· Timing of works

· Privacy of data

Options

Not applicable

Next steps

· Quality assurance and sorting of phase one survey data

· Undertake physical survey for phase two data collection

· Close technical project management of the post event technical analysis

Financial Considerations

· Council’s Flooding and Drainage Engineer’s time and resource allocation

· Phase two survey scope and funding arrangements yet to be finalised.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 3.3

Report No. 3.3 Flooding and Drainage Grants Update

Directorate: Infrastructure Services

Report Author: Scott Moffett, Drainage & Flood Engineer, IS - Works - Infrastructure Planning

File No: I2022/346

Summary:

Update on current grant applications that support the recommendations from Floodplain Risk Management Study and Plans.

RECOMMENDATION:

That the Floodplain Management Committee notes the grant applications currently submitted.

Report

The following information provides an overview of current grant applications that support the recommendations from Floodplain Risk Management Study and Plans.

Floodplain Management Grants 2022-20223

Weblink: Floodplain management grants | NSW Environment, Energy and Science

Application date extended until 5 May 2022 due to recent AGRN 1012 natural disaster flooding event. Four streams are available and include:

1. Flood Study (including data collection).

2. Prepare or review a floodplain risk management study and plan.

3. Investigate, design and/or feasibility study (where required) for works and new flood warning systems identified in a floodplain risk management plan.

4. Implementing actions identified in a floodplain risk management plan.

According to the funding guidelines generally, the highest priority will be given to the following projects:

• flood studies or floodplain risk management studies and plans (or reviews) where existing communities are exposed to flood risk, but this risk is not fully understood or managed, or with significant development pressures

• the next stage of a mitigation work that is integral to a stage in progress; for example, the next stage of a levee project or works to offset the impacts from a levee project being constructed

• mitigation works that are identified as a high priority in floodplain risk management plans adopted by councils.

Applications require co-contribution of $1 for every $2 requested (except where special consideration is provided).

Staff are preparing the following applications:

1. Byron Shire Overland Flow and Drainage Upgrade Study

Total value: $250,000

Flooding and drainage issues within the Byron Shire are from a combination of creek and riverine flooding, coupled with significant overland flooding, as water makes its way to creeks and rivers.

Funding is required to enhance Council’s resourcing to undertake the project within the most affected towns. This project was identified as a high priority action from the North Byron Flood Risk Management Plan, 2020.

2. Voluntary House Raising Scheme (VHRS)

Funding for houses as prioritised under Council’s Flood Risk Management Study and Plans for North Byron, Brunswick River, Belongil Creek and Tallow Creek.

Voluntary house raising (VHR) is a flood risk management tool which involves raising a home above the minimum flood design level or relocating a home within its current lot to higher ground.

· Only Councils can apply; it is not open to homeowners.

· It is only available for residential properties, not commercial or industrial.

· Only available for properties with buildings that were approved and constructed prior to 1986.

· Funding is only available for properties identified in a VHRS that has been subject to a Scoping Study or clearly scoped and identified through the Flood Risk Management Plan.

· Properties which are benefiting substantially from other floodplain mitigation measures – such as houses already protected by a levee or those that will be – will not be funded for VHR.

Further information on the eligibility criteria and implementation of voluntary house raising projects is available at Current grants | NSW Environment and Heritage.

Council’s current Flood Risk Management Study and Plans have identified a list of approximately 60 properties that may be eligible under the VHRS.

A co-contribution is required; funding ratio of $2 government to $1 Council or homeowner contribution. A report to Council outlining potential options and process, is being prepared and will be reported to Council in June 2022, following a Strategic Planning Workshop.

It should be noted that only about two houses per year per local government area are awarded, but it can vary depending on the number of applications received and the state funding available.

To assist with community enquiries, a factsheet has been prepared and is available on Council’s website Voluntary house raising scheme - Byron Shire Council (nsw.gov.au).

The NSW Floodplain Management Grants are not likely to be announced prior to November 2022.

3. Review of Belongil and Tallow Floodplain Risk Management Plans

Total value: $150,000

Following the February/March 2022 AGRN 1012 natural disaster event, Council staff and external agencies will have access to new flood information.

The new information will be used to review and update the Belongil Creek and Tallow Creek Floodplain Risk Management Plans (FRMP) and incorporate potential new recommendations and flood knowledge.

The update is required due to the age of the documents (Belongil Creek FRMP, 2015 and Tallow Creek FRMP, 2015).

Floodplain Risk Management Plans provide an understanding of the current and future flood risk within the catchment and investigates a suite of management options to mitigate risk.

4. Evacuation Route Review and Update

Total value: $150,000

A review and update of evacuation routes in the Byron Shire; Mullumbimby being a priority. This project will require close collaboration with SES and other relevant State agencies. The project was identified as a high priority action from the North Byron Flood Risk Management Plan, 2020.

It has been identified that the review will be undertaken by an external agency and therefore, will not require a Council application.

Preparing Australian Communities 2022

Weblink: Preparing Australian Communities - Local Stream | business.gov.au

In early 2021, Council applied for the Byron Drainage Strategy under the NSW Floodplain Management Grants; in February 2022, Council was advised that it was unsuccessful for this project.

In January 2022, Byron Shire Council applied for funding under the Australian Government’s Preparing Australian Communities – Local Stream (Department of Industry, Science, Energy and Resources) for the Byron Drainage Strategy.

The program is one component of the Preparing Australia Program targeting support to locally identified and locally led projects that will improve the resilience of communities against natural hazards. Round 1 focused on projects that will improve the resilience of communities against bushfires, flood and tropical cyclones.

When completed, the Byron Drainage Strategy will confirm a preferred town centre flood mitigation plan and prioritisation of stormwater drainage infrastructure.

It will achieve this by undertaking detailed flood modelling, understanding and resolving social or environmental conflicts, key stakeholder inputs, and enable Council to develop detailed design, construction documentation and confidently go to tender.

The Strategy will detail a drainage system adaptable to future projected sea-level rise, ocean storm surges and increased rainfall intensities associated with climate change. It will also provide updated information to the NSW State Emergency Service to effectively prepare and implement local flood plans to deal with flood emergency response.

Project Outcomes

The following overarching goals will form the basis of an evidence-based framework to measure the impact of the Byron Drainage Strategy:

· Reduce flooding at nominated flood prone sites, significant reduction of inundated properties

· Provide increased immunity against ocean storm surges within main town area

· Reduce stormwater pollution at Clarkes Beach and Belongil Estuary

· Improve trafficability of local roads

The above goals are supported underpinned by the following outcomes:

1. Accurate understanding of drainage assets

2. Updated flood and drainage modelling to current Australian standards

3. Preferred concept for flooding and drainage asset augmentation

4. Improved community awareness

5. Completion of above and below ground survey to inform future asset upgrade

6. Detailed design of preferred concept and construction drawings

The Byron Drainage Strategy will include the following project scope and key activities:

1. Inception meeting and data collection

· Undertake a site visit and inception meeting

· Collect all relevant baseline data and identify and gaps for Byron Shire Council (BSC) consideration.

2. Initial Survey

· The scope and specification of the survey work is to be determined by the Tenderer with reference to Council’s Typical Survey Specification.

· Specification to be developed by the tenderer according to the requirements of item 3 - Modelling.

3. Modelling

· Determine baseline flooding and flow conditions for a range of design flood events including the 1% AEP and an extreme event in accordance with BSC requirements and the NSW Floodplain Risk Management Guidelines and Australian Rainfall and Runoff 2019

· Prepare a preferred option report for Council approval

4. Options Development

· Review the 2015 options, discuss with Council any additional options

· Includes a Council internal staff workshop

· Options unit rate estimate (+/- 50%)

· Prepare preliminary legal (incl. Crown Land), social, environmental, infrastructure conflict, constructability, design, safety and heritage risk assessment

· Develop a Multi-Criteria Assessment and Weighted Score for each options

· Workshop with Council and key external stakeholders

· Prepare a preferred option report for Council approval (including internal staff and Council Committee workshops)

5. Concept development of the preferred option

· Additional survey and investigations (including geotechnical investigations) on preferred route as required to complete the concept design concept design, in accordance with the requirements of Northern Rivers Local Government Development Design and Construction Manuals; including layouts, equipment sizes, concept drawings, concept unit rate estimate, attend concept design review meeting to present design options, and concept design report including calculations that support equipment and material selection.

· Implementation options (contract frameworks etc), including consideration of following possible options

- Design then Construct

· Key issues for consideration in a Construction MP, ie school holidays, public access/tourism, COVID, weather, event management

· Review of Environmental Factors for approval

6. Workshops

· Three workshops with internal staff and the Council Flood Plain Risk Management Committee. Comments from the Internal workshop are to be addressed (and revised documents to be reviewed by Council) prior to presentation at the Flood Plain Risk Management Committee Workshop.

· The Options Development Workshops with Council Internal Staff and Key External Stakeholder are to be carried out according to the Stakeholder Engagement Plan.

7. Concept Design Review meeting

8. Detailed Design of final preferred concept design & Issue For Construction Documentation

9. Request For Information (RFI), Issues, Risks, Variations Registers

· Maintain registers of RFIs, Issues, Risks and Variations (pending, approved and rejected, client and consultant initiated)

Outcome: Whilst Council has not been formally advised, on 7 April Senator the Hon Bridget McKenzie (Minister for Emergency Management and National Recovery and Resilience) announced within a media release that Byron had received $1.08 million for the Byron Drainage Strategy

$150 Million Delivered To Reduce Natural Disaster Risk And Build Resilience In Our Communities | Ministers Media Centre (pmc.gov.au)

Minister for Emergency Management and National Recovery and Resilience, Senator the Hon Bridget McKenzie said the Preparing Australian Communities Program – Local Stream, is the first tranche of the Preparing Australia Program, which is an investment by the Australian Government of $600 million over six years to build the nation’s resilience to natural disasters.

….

Funded projects include:

· $10 million for the Resilient Yarra Ranges’ program which will empower council and communities to better understand and cope with hazardous events, including bushfires;

· Over $6.6 million, co-funded with the Mackay Regional Council, to build the Pioneer River Levee at Valetta Gardens / Rivers Edge in Mackay;

· $3.5 million for flood mitigation infrastructure projects on the Gold Coast;

· $1.08 million for a drainage strategy for Byron Town Centre;

· $760,000 for the Ballina Shire Council to reform planning strategies and improve flood emergency management;

· $72,000 to survey and assess the resilience of street and park trees in Karratha to cyclones, and;

· $4.4 million to develop a comprehensive assessment and management system for Cape York community infrastructure at risk of cyclones.

The project is also on the following webpage: Preparing Australian Communities Program - Local | National Recovery and Resilience Agency

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
Community Objective 5: We have community led decision making which is open and inclusive	5.6: Manage Council’s resources sustainably	5.6.12: Implement strategic grants management systems to deliver priority projects for Byron’s community (SP)	5.6.12.2	Provide sound governance for grants management

Financial Considerations

Floodplain Management Grants – if they are successful, Council will need to provide supporting funding of $1 per $2 funding requested

Preparing Australian Communities – Council had provided funding support of $200,000 towards the Byron Drainage Strategy; currently available within the 2021-2022 Council budget.

Funds have been allocated within Infrastructure Services budget to support the remaining grants.

Consultation and Engagement

Cross-organisational consultation has occurred in relation to the submission of relevant grants, and the communication of proposed grant applications.

Floodplain Risk Management Study and Plans are required to undergo community consultation prior to being adopted.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 3.4

Report No. 3.4 Belongil Catchment Drainage Board Update and Actions Required

Directorate: Infrastructure Services

Report Author: Scott Moffett, Drainage & Flood Engineer, IS - Works - Infrastructure Planning

File No: I2022/347

Summary:

A report titled “Council’s interaction and collaboration with the Belongil Drainage Union - update and forward strategy” (I2021/176 - attached) was presented to the June 2021 Floodplain Advisory Committee meeting. There were nine recommendations that were supported by the committee and subsequently endorsed by Council. These were:

1. Supports the current collaboration and communication with the Belongil Catchment Drainage Board (BCDB).

2. Nominate a sitting Councillor for representation on the Belongil Catchment Drainage Board.

3. Request the Belongil Catchment Drainage Board consider an urgent review of their constitution to allow a Councillor to be a member of the Board prior to the Boards next election.

4. Pay the outstanding fees of $30,000 (from Sewer Fund: GL 7205.27)

5. Will not pay any future payments to the Belongil Catchment Drainage Board until such time that the Belongil Catchment Drainage Board undertakes appropriate land audits and produces a robust and equitable ongoing financial management plan for the Board’s area.

6. Offers assistance to the Belongil Catchment Drainage Board with the development of a fair and equitable rating financial model, including investigating access to Council’s systems to rate members on the Board’s behalf.

7. Includes a member of the Belongil Catchment Drainage Board as a key stakeholder the Council current Coastal Management Plan for the Belongil area.

8. Staff actively collaborate, support and engage with Southern Cross University for further research and investigations for the Belongil catchment

9. Note that the Byron Shire Floodplain Risk Management Committee support staff presenting the contents of this report to Council.

This report provides an update on the progress of these recommendations for further discussion and action by the committee.

RECOMMENDATION:

That the Floodplain Management Advisory Committee:

1. Notes the report update.

2. Discusses and actions the remaining recommendations including calling a formal meeting between Council and the Belongil Catchment Drainage Board.

Attachments:

1 Report 17/06/2021 Byron Shire Floodplain Risk Management Committee Council’s interaction and collaboration with the Belongil Drainage Union - update and forward strategy, I2021/176 , page 33 ⇩

2 Action Memo Item - Adoption of Minutes from Previous Byron Shire Floodplain Risk Management Committee Meeting Council 26/08/2021, I2021/1517 , page 45⇩

Report

The following section describes the actions taken to date.

1. Supports the current collaboration and communication with the Belongil Catchment Drainage Board (BCDB).

This action is complete, noting that collaboration is to be ongoing.

2. Nominate a sitting Councillor for representation on the Belongil Catchment Drainage Board.

This action is to occur during the committee meeting.

3. Request the Belongil Catchment Drainage Board consider an urgent review of their constitution to allow a Councillor to be a member of the Board prior to the Boards next election.

This action is complete. The boards constitution may not allow this, however, the board has indicated that they would be happy for a nominated Councillor to be present at their by biannual meeting. This will be further discussed at the upcoming meeting between Council and the Belongil Catchment Drainage Board.

4. Pay the outstanding fees of $30,000 (from Sewer Fund: GL 7205.27)

This action is complete.

This will be further discussed at the upcoming meeting between Council and the Belongil Catchment Drainage Board.

This action is to occur during the committee meeting.

7. Includes a member of the Belongil Catchment Drainage Board as a key stakeholder the Council current Coastal Management Plan for the Belongil area.

This action is complete.

8. Staff actively collaborate, support and engage with Southern Cross University for further research and investigations for the Belongil catchment

This action is complete and ongoing.

9. Note that the Byron Shire Floodplain Risk Management Committee support staff presenting the contents of this report to Council.

This action is complete.

Key issues

Council has land within the Belongil Catchment Drainage Board (BCDB) area; we are a paying member of the BCDB. It is essential Council plays a key role on the BCDB to ensure the area is managed appropriately and ensure our funds are being spent equitably.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	L2	CSP Strategy	L3	DP Action	L4	OP Activity
Community Objective 2: We cultivate and celebrate our diverse cultures, lifestyle and sense of community	2.2	Support access to a wide range of services and activities that contribute to the wellbeing of all members of the Byron Shire community	2.2.1	Develop and maintain collaborative relationships with government, sector and community	2.2.1.2	Participate in community planning to inform decision making, build capacity and develop a shared responsibility for actions with the community.
Community Objective 2: We cultivate and celebrate our diverse cultures, lifestyle and sense of community	2.2	Support access to a wide range of services and activities that contribute to the wellbeing of all members of the Byron Shire community	2.2.1	Develop and maintain collaborative relationships with government, sector and community	2.2.1.1	Support local interagency and regional network development to improve collaboration and inclusion

Recent Resolutions

· Resolution record number I2021/1517 attached.

Legal/Statutory/Policy Considerations

Drainage Act 1939, which was later consolidated with the Water Management Act 2000 (WM 2000).

Financial Considerations

Council staff time and resourcing.

Consultation and Engagement

Who was consulted?	How did consultation occur? e.g. email, verbal etc	Comments/Feedback
BCDB	Formal meeting and ongoing email and verbal correspondence	Working well, ongoing
DPIE	Verbal and email	Comments/feedback received and contained in this report
Phil Warner	Verbal	Historic management information of the BCDB
Phillip Holloway	Verbal and email	Ongoing updates
Southern Cross University	Verbal and Email	Ongoing support and research
Council various internal departments	Verbal, emails, workshops	West Byron STP and Coastal Management Plan

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 21 April 2022
Time	2.00pm