Ordinary Council Meeting Agenda Items 25 March 2021

ORDINARY COUNCIL MEE TING AGENDA ITEMS 25 MARCH 2021

Council has adopted the following Vision and Mission Statements to describe its philosophy and to provide a focus for the principal activities detailed in its Management Plan.

Our Vision Nambucca Valley ~ Living at its best.

Our Mission Statement

‘The Nambucca Valley will value and protect its natural environment, maintain its assets and infrastructure and develop opportunities for its people.’

Our Values in Delivery  Effective leadership  Strategic direction  Sustainability of infrastructure and assets  Community involvement and enhancement through partnerships with Council  Enhancement and protection of the environment  Maximising business and employment opportunities through promotion of economic development  Addressing social and cultural needs of the community through partnerships and provision of facilities and services  Actively pursuing resource sharing opportunities

Council Meetings: Overview and Proceedings

Council meetings are held on the last Thursday of each month AND on the Thursday two weeks before the Thursday meeting. Both meetings commence at 5.30 pm. Meetings are held in the Council Chamber at Council's Administration Centre—44 Princess Street, Macksville (unless otherwise advertised).

How can a Member of the Public Speak at a Council Meeting?

1 Addressing Council with regard to an item on the meeting agenda:

Members of the public are welcome to attend meetings and address the Council. Registration to speak may be made by telephone or in person before 11.00 am on a meeting day. The relevant agenda item will be brought forward at 5.30 pm in agenda order, and dealt with following preliminary business items on the agenda. Public addresses are limited to five (5) minutes per person with a limit of two people speaking for and two speaking against an item.

2 Public forum address regarding matters not on the meeting agenda:

Nambucca Valley Council believes that the opportunity for any person to address the Council in relation to any matter which concerns them is an important demonstration of local democracy and our values. Accordingly Council allows members of the public to address it on matters not listed in the agenda provided the request is received before publication of the agenda (registration to speak may be made by telephone or in person before 11.00 am on a meeting day) and the subject of the address is disclosed and recorded on the agenda.

In relation to regulatory or enforcement matters it needs to be understood that the Council has certain legal obligations which will generally prevent the Council from providing an immediate response to any concerns or grievances which may be raised in the public forum. In particular the Council has to provide procedural fairness and consider all relevant information.

Generally this cannot be done with matters which have come direct to Council via the public forum. So the fact that the Council may not immediately agree to the representations and seek a report instead should not be taken to indicate disagreement or disinterest.

Where the subject matter concerns an on-going complaint which has been the subject of previous investigation by Council staff and/or external bodies such as the NSW Ombudsman, the General Manager in consultation with the Mayor will decide on whether or not the person will be allowed to speak in the public forum.

Speakers should address issues and refrain from making personal attacks or derogatory remarks. You must treat others with respect at all times.”

Council Meeting Audio Recordings

Council audio records all Council Meetings and the recordings are posted on the website once the Minutes are released. Please note that the audio files could be quite large and may take a while to download.

Meeting Agenda

These are available Council’s website: www.nambucca.nsw.gov.au

4.00PM Cities Power Partnership

NAMBUCCA VALLEY COUNCIL

ORDINARY COUNCIL MEETING - 25 MARCH 2021

Acknowledgement of Country (Mayor)

I would like to acknowledge the Gumbaynggirr people who are the Traditional Custodians of this Land. I would also like to pay respect to the elders both past and present and extend that respect to any Aboriginal People present.

Council Meeting Audio Recordings (Mayor)

This meeting is being webcast and those in attendance should refrain from making any defamatory statements.

AGENDA Page

1 APOLOGIES 2 PRAYER 3 DISCLOSURE OF INTEREST 4 CONFIRMATION OF MINUTES — Ordinary Council Meeting - 11 March 2021 ...... 7 5 NOTICES OF MOTION 5.1 NOTICE OF MOTION - Dawkins Park Update ...... 18 6 PUBLIC FORUM 7 ASKING OF QUESTIONS WITH NOTICE 8 QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED 9 GENERAL MANAGER REPORT 9.1 Outstanding Actions and Reports ...... 19 9.2 NSW Shark Management Strategy ...... 29 9.3 Bushfire Community Recovery and Resilience Fund ...... 35 9.4 Amendment to the Nambucca Local Environmental Plan 2010 ...... 39 9.5 Draft Coastal Management Program ...... 45 9.6 Undetermined Development Applications either greater than 12 months or where submissions received to 17 March 2021 ...... 48 9.7 Council Rangers' Reports and Penalties Issued for January and February 2021 ...... 50 10 ASSISTANT GENERAL MANAGER CORPORATE SERVICES REPORT 10.1 Consultation on Changes to the Model Code of Meeting Practice ...... 54 10.2 Minutes of the Audit, Risk and Improvement Committee ...... 56 10.3 Bowraville Sports Ground Committee of Management Nominations ...... 58 10.4 Investment Report to 28 February 2021 ...... 60 11 ASSISTANT GENERAL MANAGER ENGINEERING SERVICES REPORT 11.1 2020-21 Engineering Services Capital Expenditure Program Monthly Report as at 16 March 2021 ...... 67 11.2 Minutes of the Vehicular Access to Beaches Committee - 12 February 2021 ...... 82 11.3 Tender REGPRO382021 for the Provision of Traffic Control Services for the period 1 April 2021 to the 31 March 2024 ...... 85 11.4 Tender REGPRO362021 for the supply and installation / supply only of road safety Barrier Systems for the period 1 April 2021 to the 31 March 2024 ...... 89 11.5 Tender T003/2021 for the supply and delivery of one dual control road street sweeper...... 93 11.6 Plan of Management Bellwood Park Crown Reserve 77534 Public Recreation ...... 96

11.7 Plan of Management Foreshore Caravan Park Crown Reserve 89734 ...... 99 11.8 Proposed Road Closure of part of Swordfish Drive, Valla Beach being a Council Public Road adjacent to Lot 226 in DP 1260526 ...... 102 12 GENERAL MANAGER'S SUMMARY OF ITEMS TO BE DISCUSSED IN CLOSED MEETING 12.1 Update on Land Sales It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

12.2 Matters Pertaining to Realised or Potential Losses It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

12.3 Tender REGPRO382021 for the Provision of Traffic Control Services - 1 April 2021 to 31 March 2024 It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

12.4 Tender REGPRO362021 for the supply and installation / supply only of road safety Barrier Systems - 1 April 2021 to 31 March 2024 It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

12.5 Tender T003/2021 for the supply and delivery of one dual control road street sweeper It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

a Questions raised by Councillors at 8 above

i MOTION TO CLOSE THE MEETING ii PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL TO CLOSE iii CONSIDERATION OF PUBLIC REPRESENTATIONS iv DEAL WITH MOTION TO CLOSE THE MEETING 13 MEETING CLOSED TO THE PUBLIC 14 REVERT TO OPEN MEETING FOR DECISIONS IN RELATION TO ITEMS DISCUSSED IN CLOSED MEETING.

NAMBUCCA VALLEY COUNCIL

DISCLOSURE OF INTEREST AT MEETINGS

Name of Meeting: Meeting Date: Item/Report Number: Item/Report Title:

I declare the following interest: (name)

Pecuniary – must leave chamber, take no part in discussion and voting.

Non Pecuniary – Significant Conflict – Recommended that Councillor/Member leaves chamber, takes no part in discussion or voting.

Non-Pecuniary – Less Significant Conflict – Councillor/Member may choose to remain in Chamber and participate in discussion and voting.

For the reason that

Signed Date

Council’s Email Address – [email protected]

(Instructions and definitions are provided on the next page).

Definitions

(Local Government Act and Code of Conduct)

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. (Local Government Act, 1993 section 442 and 443)

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

The Council or other member must not take part in the consideration or discussion on the matter and must not vote on any question relating to that matter. (Section 451).

Non-pecuniary – A private or personal interest the council official has that does not amount to a pecuniary interest as defined in the Act (for example; 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).

If you have declared a non-pecuniary conflict of interest you have a broad range of options for managing the conflict. The option you choose will depend on an assessment of the circumstances of the matter, the nature of your interest and the significance of the issue being dealt with. You must deal with a non-pecuniary conflict of interest in at least one of these ways.

 It may be appropriate that no action is taken where the potential for conflict is minimal. However, council officials should consider providing an explanation of why they consider a conflict does not exist.  Limit involvement if practical (for example, participate in discussion but not in decision making or visa-versa). Care needs to be taken when exercising this option.  Remove the source of the conflict (for example, relinquishing or divesting the personal interest that creates the conflict or reallocating the conflicting duties to another officer).  Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in section 451(2) of the Act apply (particularly if you have a significant non-pecuniary conflict of interest).

Ordinary Council Meeting 25 March 2021

PRESENT

Cr Rhonda Hoban (Mayor) OAM Cr John Ainsworth Cr Martin Ballangarry OAM Cr Susan Jenvey Cr David Jones Cr Janine Reed Cr John Wilson (Deputy Mayor)

ALSO PRESENT

Michael Coulter (General Manager) Lorraine Hemsworth (Minute Secretary) Paul Gallagher (AGM Engineering Services)

APOLOGIES

Robert Hunt (AGM Corporate Services) Matthew Sykes (Chief Financial Officer)

PRAYER

Pastor David Bosshard, Nambucca Valley Christian Community Church offered a prayer on behalf of the Nambucca Minister's Association.

DISCLOSURE OF INTEREST

Nil

CONFIRMATION OF MINUTES - ORDINARY COUNCIL MEETING

SUBJECT: CONFIRMATION OF MINUTES - ORDINARY COUNCIL MEETING 25 FEBRUARY 2021 72/21 RESOLVED: (Wilson/Jones)

That the minutes of the Ordinary Council Meeting of 25 February 2021 be confirmed.

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ITEM 5.1 NOTICE OF MOTION - DAWKINS PARK UPDATE

DELEGATIONS RECOMMENDATION

That the following delegations be heard:

ITEM 5.1 NOTICE OF MOTION - Nambucca Heads Tennis Club LED Lighting i John Harris on behalf of the Nambucca Heads Tennis Club in favour of the recommendation ii John Tait on behalf of the Nambucca Heads Tennis Club in favour of the recommendation

ITEM 9.4 Outstanding Matters for Estuary Committee Meeting on 14 January 2021 - Flood Gauge on Warrell Creek - Housing Raising - 2 to 3 Year Water Quality Monitoring Program iii Georgette Allen against point 3 in the recommendation

ITEM 9.5 Authorised Areas for Dogs on Beaches iv Edmund Lourey against the recommendation v Richard Milner against the recommendation vi Alex Morrison in favour of the recommendation vii James Sakker in favour of the recommendation

ITEM 11.6 Sheet O Bark Floodway viii Tracey Luond - Difficulties experienced with accessing their property ix Nora Sepers - Requesting that Council reinstate a bridge

DELEGATIONS:

ITEM 5.1 NOTICE OF MOTION - Nambucca Heads Tennis Club LED Lighting i and ii John Harris (President) and John Tait (Treasurer) on behalf of the Nambucca Heads Tennis Club addressed Council with notes being placed on file SF3015, 12500/2021.

NOTICE OF MOTION - CR HOBAN ITEM 5.1 SF3014 110321 NOTICE OF MOTION - Nambucca Heads Tennis Club LED Lighting 73/21 RESOLVED: (Hoban/Ainsworth)

That Council consider an allocation of $11,000 to the Nambucca Heads Tennis Club for LED lighting of Courts three and four in the 21/22 budget subject to a successful grant application for the balance of the required funds.

DELEGATIONS continued:

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ITEM 5.1 NOTICE OF MOTION - DAWKINS PARK UPDATE

ITEM 9.4 SF1496 110321 Outstanding Matters for Estuary Committee Meeting on 14 January 2021 - Flood Gauge on Warrell Creek - Housing Raising - 2 to 3 Year Water Quality Monitoring Program 74/21 RESOLVED: (Reed/Ainsworth)

1 Council support a grant application for an automated rain gauge to be located on Warrell Creek.

2 Council support the proposed grant application for house raising which will not involve a financial contribution from Council.

3 Council note the recommendation concerning a future grant application to undertake a 2–3 year water quality monitoring program across the Nambucca Valley.

DELEGATIONS Continued:

ITEM 9.5 Authorised Areas for Dogs on Beaches iv Edmund Lourey addressed Council with notes being placed on file SF3015, 12712/2021. v Richard Milner addressed Council with notes being placed on file SF3015, 12498/2021. vi Alex Morrison addressed Council with notes being placed on file SF3015, 12925/2021. vii James Sakker addressed Council with notes being placed on file SF3015, 12632/2021.

ITEM 9.5 SF843 110321 Authorised Areas for Dogs on Beaches 75/21 RESOLVED: (Ainsworth/Reed)

1 Council exhibit a draft Companion Animals Policy for 28 days which permits dogs on leads between Swimming Creek and Main Beach, Nambucca Heads as illustrated on the sign contained within attachment 1.

2 That the draft Companion Animals Policy be reported back to Council after the exhibition period to consider any submissions received.

DELEGATIONS Continued:

ITEM 11.6 Sheet O Bark Floodway viii Tracey Luond addressed Council with notes being placed on file SF3015, 12707/2021 ix Nora Sepers addressed Council with notes being placed on file SF3015, 12496/2021

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ITEM 5.1 NOTICE OF MOTION - DAWKINS PARK UPDATE

ITEM 11.6 RF396 110321 Sheet O Bark Floodway MOTION: (Ainsworth/Jones)

That Council receive and note the information regarding Sheet O Bark Floodway

AMENDMENT: (Reed/Ainsworth)

1 That Council receive a further comprehensive report referring to the manner in which this matter has been handled including the items raised by Ms Luond and Ms Sepers.

2 That this matter be resolved in a manner that restores the level of service as a matter of urgency in the interest of the residents safety and in the interest of ratepayers.

3 That Council receive clarification of the costing for replacement of bridges in the Capital Value Register.

4 That Council receive an accurate cost of a replacement bridge as a matter of urgency.

The Amendment was carried and became the motion.

76/21 RESOLVED: (Reed/Ainsworth)

1 That Council receive a further comprehensive report referring to the manner in which this matter has been handled including the items raised by Ms Luond and Ms Sepers.

2 That this matter be resolved in a manner that restores the level of service as a matter of urgency in the interest of the residents safety and in the interest of ratepayers.

3 That Council receive clarification of the costing for replacement of bridges in the Capital Value Register.

4 That Council receive an accurate cost of a replacement bridge as a matter of urgency.

Councillor John Ainsworth left the meeting before the commencement of this item, the time being 7:33pm.

7.33pm – 8.10pm - The meeting was adjourned for dinner.

ASKING OF QUESTIONS WITH NOTICE

There were no questions with notice.

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

There were no questions for Closed Meeting where due notice has been received.

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ITEM 5.1 NOTICE OF MOTION - DAWKINS PARK UPDATE

GENERAL MANAGER REPORT

ITEM 9.1 SF959 110321 Outstanding Actions and Reports 77/21 RESOLVED: (Reed/Jones)

That the list of outstanding actions and reports be noted and received for information by Council.

ITEM 9.2 SF2965 110321 Proposed Extension to the Nambucca Heads Waste Management Facility - Native Title Considerations 78/21 RESOLVED: (Reed/Wilson)

1 That Council agree to meet with the Wanggaan (Southern) Gumbaynggirr Nation Aboriginal Corporation to discuss the proposed acquisition of Gumbaynggirr People’s native title rights and interests in the proposed 20 hectare extension to the Nambucca Heads Waste Management Facility and to discuss the proposed cultural heritage survey.

2 That the Mayor and General Manager participate in the proposed meeting and any subsequent meetings.

3 That if available and required the Assistant General Manager Engineering Services, Civic Services Coordinator and Council’s legal representative participate in the proposed meeting and any subsequent meetings.

ITEM 9.3 SF906 110321 Donation of Waste Disposal Fees for Clean Out of Nambucca Volunteer Rescue Association Premises 79/21 RESOLVED: (Jenvey/Ballangarry)

That Council provide a donation for waste disposal fees for the clean out of the Macksville Volunteer Rescue Association (VRA) shed.

ITEM 9.4 was dealt with under Delegations

ITEM 9.5 was dealt with under Delegations

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ITEM 5.1 NOTICE OF MOTION - DAWKINS PARK UPDATE

ITEM 9.6 SF532 110321 Amendment to the Nambucca Development Control Plan 2010 80/21 RESOLVED: (Jenvey/Ballangarry)

1 Council exhibit an amendment to Part A of the Nambucca Development Control Plan 2010 in accordance with the provisions of the Environmental Planning and Assessment Act 1979 which declares vegetation on public land as vegetation which Part 3 of the State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 applies.

2 That the draft Development Control Plan be reported back to Council for consideration of any submissions received once the exhibition period closes.

Upon being put to the meeting, the motion was declared carried.

For the Motion: Councillors Ballangarry, Hoban, Jenvey, Jones, Reed and Wilson Total (6) Against the Motion: Nil Total (0)

ITEM 9.7 SF1541 110321 Amendment to the Nambucca Local Environmental Plan 2010 MOTION: (Jenvey/Wilson)

1 Council forward a planning proposal to the Minister for gateway determination in accordance with section 3.34 of the Environmental Planning and Assessment Act 1979 which includes the following amendments:

i Include ‘Residential Accommodation’ as a land use that is permissible with development consent in the RU1, RU2, R5, E2, E3, E4 zones so that manufactured homes are permitted to be installed within these zones with development consent.

ii Alter the wording of Clause 4.2A(3) so that it applies to lots on which a manufactured home is proposed to be installed and to lots on which dwellings have been constructed/installed without development consent.

iii Include ‘Vehicle Sales or Hire Premises’ as a land use that is permissible with development consent within the B7 Business Park Zone.

2 If the Minister determines that the matter should proceed, Council staff undertake community consultation in accordance with the gateway determination.

3 Following community consultation, Council staff report the planning proposal back to Council for consideration of any submissions received and a final decision as to whether Council will proceed to make the planning proposal.

AMENDMENT: (Jones/Reed)

That the Amendment to the Nambucca Local Environmental Plan 2010 report be deferred to seek further clarification on the current and proposed legal status of manufactured homes on rural land.

The Amendment was carried and became the motion.

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ITEM 5.1 NOTICE OF MOTION - DAWKINS PARK UPDATE

81/21 RESOLVED: (Jones/Reed)

That the Amendment to the Nambucca Local Environmental Plan 2010 report be deferred to seek further clarification on the current and proposed legal status of manufactured homes on rural land.

ITEM 9.8 SF3000 110321 Undetermined Development Applications either greater than 12 months or where submissions received to 3 March 2021 82/21 RESOLVED: (Reed/Jones) That the information on undetermined Development Applications either greater than 12 months or where submissions have been received to 3 March 2021 be noted by Council.

ITEM 9.9 SF3000 110321 2021 February - Approved Construction and Complying Development Certificates 83/21 RESOLVED: (Jones/Wilson)

That the Construction and Complying Development Certificates approved for February 2021 be noted and received for information by Council.

ITEM 9.10 SF3000 110321 2021 February - Development Applications and Complying Development Applications Received 84/21 RESOLVED: (Wilson/Ballangarry)

That the Development Applications and Complying Development Applications received in February 2021 be received for information.

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ITEM 5.1 NOTICE OF MOTION - DAWKINS PARK UPDATE

GENERAL MANAGER REPORT - LATE

ITEM 9.11 SF2157 110321 Ngambaa Nature Reserve - Feral Animal Free Area 85/21 RESOLVED: (Ballangarry/Jenvey)

That Council note the proposed creation of a feral animal free area for the Ngambaa Nature Reserve.

ASSISTANT GENERAL MANAGER CORPORATE SERVICES REPORT

ITEM 10.1 SF331 110321 Annual General Meeting Minutes - Scotts Head Sports Field Committee of Management 86/21 RESOLVED: (Jenvey/Wilson)

That Council endorse the Minutes of the Scotts Head Sports Field Committee of Management’s Annual General Meeting held on 15 February 2021 and thank the outgoing Committee for their work over the past twelve months.

ITEM 10.2 SF251 110321 Schedule of Council Public Meetings 2021 87/21 RESOLVED: (Reed/Ballangarry)

That the schedule of meeting dates for March to June 2021 be noted.

ASSISTANT GENERAL MANAGER ENGINEERING SERVICES REPORT

ITEM 11.1 SF61 110321 Surf Life Saving Report - March 2021 88/21 RESOLVED: (Wilson/Ballangarry)

That Council receive and note the Season Report for 2020/2021 from the Australian Lifeguard Service.

CO25032021NM_1.DOCX Page 14 of 104 Ordinary Council Meeting 25 March 2021

ITEM 5.1 NOTICE OF MOTION - DAWKINS PARK UPDATE

ITEM 11.2 SF2989 110321 Request for a Temporary Road Closure - Scotts Head Food and Wine Festival 2021 89/21 RESOLVED: (Reed/Jenvey)

1 That Council approve a request from the Scotts Head Events Committee of Management to the temporary road closure of the following streets on 11 April 2021 as part of the Scotts Head Food, Wine, Music and Art Festival:

Short Street from Adin Street to Ocean Street 8.00am to 7.00pm Ocean Street from Short Street to 7 Ocean Street 8.00am to 7.00pm

2 That Council advertise the road closures seven (7) days prior to the Scotts Head Food, Wine, Music and Art Festival.

ITEM 11.3 SF453 110321 Waste Management Quarterly Report October - December 2020 90/21 RESOLVED: (Jenvey/Wilson)

That Council receive and note the Coffs Coast Waste Service (CCWS) information provided in the quarterly report for the period 1 October – 31 December 2020.

ITEM 11.4 LF5336 110321 Proposed Road Closure of part of Council Public Road through Lot 1 in DP 866443 McHughes Creek Road, South Arm 91/21 RESOLVED: (Wilson/Reed)

That Council agree to the closure of the Eastern spur of McHughes Creek Road which is a Public Road through Lot 1 in DP 866443 from the junction with McHughes Creek Road until the common boundary with the Mistake State Forest No. 525 subject to the following: a) The applicants enter into a formal and binding agreement with Council to pay all costs associated with the closure (but not limited by) survey, legal, valuation and Council fees; and b) The applicants consolidate the title of the closed road with their existing holding thereby creating one (1) lot after the road closure has been finalised.

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ITEM 5.1 NOTICE OF MOTION - DAWKINS PARK UPDATE

ITEM 11.5 SF1092 110321 DRAFT Plan of Management Nambucca River Foreshore/Gordon Park Crown Reserve 88151 92/21 RESOLVED: (Reed/Jenvey)

In relation to the Nambucca River Foreshore/Gordon Park Crown Reserve 88151 Lot 2 and 4 DP 721291, Lot 8 DP 831156, Lots 7009 - 7010 DP 1054529 and Lot 701 DP 1055530 Council:

1 Request approval from the Minister Administering the Crown Lands Management Act 2016 to approve the draft Plan of Management for Nambucca River Foreshore/Gordon Park Crown Reserve 88151 Lot 2 and 4 DP 721291, Lot 8 DP 831156, Lots 7009 - 7010 DP 1054529 and Lot 701 DP 1055530.

2 Upon approval from the Minister Administering the Crown Lands Management Act 2016 Council amends the draft Plan of Management if required by the Minister and places it on public exhibition as per Section 38 of the Local Government Act, 1993.

ITEM 11.6 was dealt with under Delegations

ITEM 11.7 SF84 110321 2020-21 Allocation for NSW Rural Fighting Fund 93/21 RESOLVED: (Wilson/Jenvey)

That Council receive and note the information and thank Mr Ison for his presentation to Council.

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC) 94/21 RESOLVED: (Reed/Ballangarry)

1 That Council consider any written representations from the public as to why the Meeting should not be Closed to the public.

2 That Council move into Closed Meeting to discuss the matters for the reason(s) listed below.

Reason reports are in Closed Meeting:

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ITEM 5.1 NOTICE OF MOTION - DAWKINS PARK UPDATE

GENERAL MANAGER REPORT For Confidential Business Paper in Closed Meeting

ITEM 12.1 SF2984 110321 Assessment of Proposals for a Waste Strategy - Nambucca Valley and Bellingen Shire Councils

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (d) (g) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret; AND the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

CLOSED MEETING

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 8.24 pm.

RESUME IN OPEN MEETING 95/21 RESOLVED: (Jones/Wilson)

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 8.25 pm.

FROM COUNCIL IN CLOSED MEETING

The General Manager then read the Confidential resolutions.

GENERAL MANAGER REPORT For Confidential Business Paper in Closed Meeting

ITEM 12.1 SF2984 110321 Assessment of Proposals for a Waste Strategy - Nambucca Valley and Bellingen Shire Councils 96/21 RESOLVED: (Reed/Jenvey)

1 Council note the preferred consultant to undertake the preparation of a waste strategy on behalf of Nambucca Valley and Bellingen Shire Councils.

2 That following the endorsement of the preferred consultant by Bellingen Shire Council the firm be engaged to prepare a Waste Strategy as per the brief and their expression of interest.

CLOSURE

There being no further business the Mayor then closed the meeting the time being 8.26 pm.

Confirmed and signed by the Mayor on 25 March 2021.

Cr Rhonda Hoban OAM MAYOR (CHAIRPERSON)

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ITEM 5.1 NOTICE OF MOTION - DAWKINS PARK UPDATE

NOTICE OF MOTION

ITEM 5.1 SF3014 250321 NOTICE OF MOTION - DAWKINS PARK UPDATE

AUTHOR/ENQUIRIES: Janine Reed, Councillor

SUMMARY:

This project has been underway for some time and I cannot recall when we were last updated.

What is of concern to ratepayers is the current state of the lake as well as the condition of the vegetation. The number of birds seems to have increased and it is feared much of the work on planting vegetation may have been destroyed.

Notwithstanding that this has been an incredibly wet season, the condition of the lake seems worse than ever.

This project included being an environmental education site and a report will be able to let our community know how this too is progressing.

RECOMMENDATION:

THAT Council receive a report on the status of the Dawkins Park project, including work yet to be carried out as well as what consideration has been given to the current condition of the lake and the denuded vegetation on the island.

ATTACHMENTS: There are no attachments for this report.

CO25032021NM_1.DOCX Page 18 of 104 Ordinary Council Meeting 25 March 2021

GENERAL MANAGER

ITEM 9.1 SF959 250321 OUTSTANDING ACTIONS AND REPORTS

AUTHOR/ENQUIRIES: Michael Coulter, General Manager; Paul Gallagher, Assistant General Manager - Engineering Services; Robert Hunt, Assistant General Manager Corporate Services

The following table is a report on all outstanding resolutions and questions from Councillors (except development consents, development control plans & local environmental plans). Matters noted or received, together with resolutions adopting rates, fees and charges are not listed. Where matters have been actioned they are indicated with strikethrough and then removed from the report to the following meeting. Please note that the status is updated one week before the Council meeting.

RECOMMENDATION:

That the list of outstanding actions and reports be noted and received for information by Council.

SUMMARY OF MATTER STATUS

FILE

ACTION

COUNCIL MEETING FEBRUARY 2019 1 SF2162 14/02/19 That Council accept the GM Will report on progress by June 2019. funding being offered to prepare a Koala Habitat 20/06/19 – Matter discussed with OEH. A Management Strategy, and project brief will be developed in the new provide Koala food tree financial year. Staff will engage a suitably species to the community qualified consultant to assist in the and hold a koala field day/s. preparation of the strategy which will be reported to Council as a draft. Councillors will be notified and invited to the field day and advised of feed tree availability when the delivery of these actions are organised. Project is anticipated to be delivered in the first half of the 2019/20 financial year.

6/11/19 – a brief has been commenced and there has been consultation with the VBCA to assist with the field day and provision of feed trees. Due to other commitments now planned for 1st half of the 2020 calendar year.

5/02/20 – 2 May 2020 set for the Field Day at the Valla Lions Reserve – 10.00am to 1.00pm as currently seeking expressions of interest from landholders for koala feed trees.

22/04/20 – Field Day has been postponed for time being.

5/08/2020 - Proposed to complete Koala Habitat Management Strategy by 31 December 2020.

22/10/20 - State Government released Koala Habitat SEPP guidelines in the week of October 20. Staff will review guidelines in the coming week and engage consultants to prepare plan, subject to any variations to

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ITEM 9.1 OUTSTANDING ACTIONS AND REPORTS

original proposals to suit the new guidelines. Staff are meeting with the Sub-committee of the VBCA on the 22 October to discuss the Field Day and planting of Koala corridors which are also part of the project. It is anticipated that the Field Day will move to be part of normal Valla Beach Market.

9/12/20 - the Koala action day on the “saving our species” program, has been included as focus item for the Valla Beach Community Market on the 6 February, Council and Landcare will have a dedicated stall at the market, talking about local initiatives/ projects and seeking registrations of interest for private property involvement in restoration projects. Landcare will do some tree identification and planting workshop and we will have a demonstration of a koala sniffer dog.

20/01/2021 – State legislation regarding Koala habitat protection has been finalised and staff will proceed to engage a consultant to prepare a Koala Management Plan for the coastal areas of the Valley.

3/03/21 – Geolink has been engaged to prepare the Koala Strategy. An inception meeting with the consultants is proposed for the week commencing 8/03/21.

MARCH 2019 2 SF601 14/03/19 There be a report to Council GM Report May 2019. on opportunities for “free” camping in Bowraville. 19/05/19 – deferred to July due workload.

27/06/19 – deferred until after the sporting hub has been further considered as it includes a proposal for primitive camping.

12/09/20 – Preliminary budget indications are that no funding will be available from the $3m provided to Nambucca Valley Connected Inc. for the primitive camping. If it is to be funded it will need to be from the $700k allocated by Council. At this stage it is too early to determine if Council’s funding will cover this. There is also a question as to how the primitive camping will be managed.

17/02/21 – Report will be finalised following the finalisation of the budget for the Hub.

CO25032021SR_9 Page 20 of 104 Ordinary Council Meeting 25 March 2021

ITEM 9.1 OUTSTANDING ACTIONS AND REPORTS

APRIL 2019 3 SF983 24/04/19 Council enter into GM Aim to report by August 2019. negotiations with the NHLALC in relation to the 08/05/19 – Letter sent to NHLALC and issue short term maintenance and discussed with CEO. access issues as well as the longer term use of the land 28/06/19 – No response. GM to follow up. (the Faringdon Fields) 1/08/19 – Follow up email sent.

16/09/19 – Follow up letter sent.

4/11/19 – contacted CEO of NHLALC and meeting arranged on 7/11/19 at Council to discuss the matter.

20/11/19 – Matter discussed with the CEO of the NHLALC. He is to list the matter for consideration by the Board.

21/1/20 – matter discussed with MBD to raise in forthcoming discussions with NHLALC. Concern that following rain there will be substantial growth in grass and Council is prohibited from entering the land to maintain it.

3/06/20 – A number of Land Council matters are outstanding. An offer has been sent to the 3 LALCs that the respective Chairs and CEOs meet with the Mayor and GM quarterly with the first meeting scheduled for 26 June 2020.

14/6/20 – Mayor and GM meeting with LALC’s on 26 June 2020 to discuss matter.

26/6/20 – Matter not discussed at meeting on 26/6/20 - to be raised separately.

9/12/2020 – reminder sent to the Nambucca Heads Local Aboriginal Land Council.

18/01/21 – Review of declaration being undertaken by Federal Government.

17/02/21 – Nothing further has been heard from Mr Len Roberts who has undertaken the review.

CO25032021SR_9 Page 21 of 104 Ordinary Council Meeting 25 March 2021

ITEM 9.1 OUTSTANDING ACTIONS AND REPORTS

MARCH 2020

4 SF1631 12/3/20 MW&S arrange a workshop AGMES 9/04/20 – Workshop on hold pending the with appropriate staff and outcome of the COVID-19. DPIE Water and PWA to discuss options for water 01/10/20 – MWS advises that this is not treatment plants. worth pursuing at this point in time as DPI have done a ranking of water and sewerage priorities through the state for their safe and secure water program and the NVC ranking was rated at four and only projects ranked five were considered for the funding.

Funding has provided to Council for the installation of a UV system and upgrade to chorine dosing infrastructure. This is at concept design stage to be finalised at the end of October and a design and construct tender released in early 2021.

02/02/2021 - Concept design and documentation completed, Council waiting for Section 60 approval from DPIE to go to Design and construct tender. Now that COVID-19 restrictions have abated, MWS will liaise with DPIE Water about having a workshop.

APRIL 2020

5 PV11/ 30/04/20 Recruitment of GM to be MHR Report April 2021. 2020 deferred to April 2021. 17/02/21 – Suggested timeline:

1 Engage the Recruitment Consultant in July 2021 2 Shortlist for candidates for interview in October 2021 3 Incumbent to leave when successor starts

6 SF2869 30/04/20 Council seek a meeting with AGMES 8/05/20 - Letters sent to the Minister and to the Minister for Roads to Bellingen Shire Council and also a reply to discuss the highway handover. the TfNSW correspondence.

20/05/20 – Meeting 2 June 2020 with Transport NSW.

1/06/20 – the compensation for the dilapidation of local roads has now been received from Pacifico.

3/06/20 – There is a meeting with the Regional Manager TfNSW on 3 June to discuss this matter and others.

14/6/20 – Met with TfNSW reps on 9 June. New management not aware of the extent of previous work and negotiations on highway handover. Subject to outcome of classification review of State Roads. Situation is unsatisfactory with a risk that in a number of years the Council could be transferred a significant liability without the

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ITEM 9.1 OUTSTANDING ACTIONS AND REPORTS

previously agreed compensation.

22/07/20 – meeting to be arranged with Road Classification Review Panel

17/08/20 - Mayor, Manager Assets and AGMES attended an online presentation from the Regional Road Transfer and Road Classification Panel on 7 August 2020. Council must now make an application for a priority review for the road re- classification which was submitted on 14 August Report as a joint submission with BSC. Report prepared for 27 August with a copy of Council’s submission.

07/12/2020 – no change in the status

15/01/2021 – GM sent follow up email to TfNSW requesting advice as to the progress of the matter and the anticipated date of a final determination.

04/02/2021 – Mayor, GM and AGMES meeting with Mr Roydhouse (Regional Road Transfer and Road Classification Panel) on 5 February

16/02/21 – Met with John Roydhouse who is on the panel. Timing of a decision still unknown. The never-ending story. MAY 2020

7 Q6/19 28/05/20 Council lobby the NSW and AGMES 19/06/20 Letter drafted under the Mayor’s Federal Governments for signature. funding to the value of $5,761,427 for the remediation 19/07/20 – Mayor and GM met with Deputy and stabilisation of the PM and Pat Conaghan MP on 15/07/20. collapsed Macksville Industrial Deputy PM inspected the drain and was Estate drainage channel. provided with the SMEC report. Deputy PM supportive of fixing problem but is expecting a funding contribution from Council.

22/07/20 – A provision of $500,000 has made in the budget for loan revenue as Council’s contribution towards the work.

17/08/20 – no formal response received to date.

2/09/20 – Letter sent to Pat Conaghan MP advising of Council’s funding provisions and seeking funding from the Commonwealth for the balance.

07/12/2020 - no formal response received to date. Mayor has also followed up with an email.

1/02/21 – letter sent to CEO of ARTC as per Council’s resolution of 28/1/21. JULY 2020

CO25032021SR_9 Page 23 of 104 Ordinary Council Meeting 25 March 2021

ITEM 9.1 OUTSTANDING ACTIONS AND REPORTS

8 SF6 16/07/20 Council seek a proposal for AGMCS 19/07/20 – E-mail sent 20 July to the Saltwater/Freshwater Bowraville LALC. Festival to be held in the Nambucca Valley 17/08/20 – No response received at this time.

2/9/20 – follow up call made and still no response as promised.

16/9/20 – to be discussed again at meeting with LALC’s on 25 Sept 2020.

8/10/20 – Meeting deferred.

20/10/20 – waiting on new proposal from Unkya LALC.

2/11/20 –waiting on a proposal.

18/11/20 – Met with Saltwater/Freshwater new GM and they are interested in having the festival at either Unkya or Bowraville in 2022 subject to our bushfire grant funding of $50k or more and Board approval.

19/1/21 – waiting on funding approval from Council and BLERF to hold the festival in 2022 in the Nambucca Council area.

16/3/21 – Still waiting on final funding approvals.

9 SF679 16/07/20 Council seek gateway GM 19/07/20 – written submission to be sent. approval to rezone the proposed extension of the 5/08/20 – Staff required to prepare a Nambucca Heads Waste Planning Proposal. Management Facility from RU3 Forestry to SP2 (Waste 10/09/20 – application for compulsory Management Facility). Council acquisition sent to Office of Local progress compulsory Government. acquisition of land. 17/10/20 – follow-up email sent to OLG seeking a response to Council’s application of 10/9/20.

18/11/20 – Strategic Planner to send Gateway application within the next week.

9/12/20 - The planning proposal for the Waste Management Facility has been placed on the NSW Government’s Planning Portal and a gateway determination has been requested. Further, staff are presently seeking fee proposals from suitably qualified persons to undertake ecological surveys over the summer season.

03/02/21 – Due to delays in progressing with compulsory acquisition, it is not proposed to progress with summer ecological surveys. This can be left to 2021/2022 hopefully by which time Council will have engaged a consultant to prepare the EIS.

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ITEM 9.1 OUTSTANDING ACTIONS AND REPORTS

16/02/21 – Request by NTS Corp for additional time (2 weeks) to respond to advice of a future act granted. Delay in obtaining approval from ARTC for Council’s surveyor to enter railway corridor to fix boundary.

26/02/21 – Report to Council’s meeting on 11/3/21 concerning notification of future act (Native Title).

3/03/21 – the gateway determination for the landfill extension is being assessed by the DPIE.

17/03/21 – The Gateway determination has been received requiring all environmental investigations to be completed within 18 months ie September 2022.

SEPTEMBER 2020

10 SF2869 10/09/20 Council call for a report on the AGMES 16/09/20 – Report to Council in December Emergency Management Plan 2020. The EMPLAN review is on the (EMPLAN) in light of the agenda for the November LEMC meeting. bushfires that occurred in late 2019 in the Nambucca Valley. 12/11/2020 – LEMC meeting held on 10 November resolved to establish an EMPLAN review committee, the first meeting scheduled for 19 November.

07/12/2020 – Public section of the EMPLAN has been updated, work is continuing on the review of the Consequence Management Plans, Sub Plans are under review by each Agency.

02/02/2021 – Work remains in progress, review of evacuation centres in progress.

13/03/2021 – EMPLAN was endorsed by the LEMC at the meeting held on 9 March 2021 and is being forwarded to the REMC for formal endorsement.

11 SF600 17/05/18 Request by Lesley Flanders to GM 17/5/18 – Council resolves to work with the purchase land west of the Flanders family and Crown lands to assist Bowraville racecourse. the family in further progressing this claim.

30/08/18 – Council resolves to close the section of road; that Ms Flanders be advised that she will need to meet Council’s out of pocket costs in creating the title and transferring the land.

12/9/20 – After spending about 50 hrs on this project Council’s Surveyor is awaiting a determination on the adoption of the centre line of the creek as the boundary of the land. Other components of work to be done are:

a) completion & lodgement of road closure plan (should be done by 19/9/20).

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ITEM 9.1 OUTSTANDING ACTIONS AND REPORTS

b) acceptance of compensation for road widening plan at intersection of Rodeo Drive and Grassy Road - letter has been sent with offer of compensation but as yet no response. c) road widening plan and road closure plan for Racecourse – issue with encroachments of Grassy Road onto racecourse and outer running rail and buildings encroaching onto Grassy Road and Rodeo Drive d) requirement for a boundary adjustment plan between the Flanders land and adjoining properties along the creek boundary.

Council’s Surveyor appreciates the frustration relating to the delay but advises that he is working on it when he can and that as a priority he has to apply himself to Council’s construction program as a failure to delivery survey information will cost Council money and throw the program out the window.

The Council also needs to decide on the compensation/value to be paid for the land. This will be reported shortly.

17/11/20 – Report deferred from 12 Nov meeting at the request of solicitor representing Ms Flanders.

10/12/20 – there has been a further on-site meeting involving Council’s Surveyor and Ms Flanders and others. Survey plan adjusted to reduce the width of the road reservation from 20m to 15m to incorporate a spiritual tree (now dead) on proposed lot.

12 SF2869 24/09/20 Council make representations AGMES 21/10/20 – Letter sent to RFS Regional to relocate the Nambucca Manager and copy to Local Member. Valley component of the Kempsey RFS headquarters 07/12/2020 – No response received. back to Macksville at a site suitable for co-locating all 02/02/2021 – The matter will be discussed emergency services. at the RFS Liaison meeting scheduled for 10 February 2021.

16/03/2021 – Remains with the RFS

13 SF2888 24/09/20 That any proposed sales in the AGMCS 18/11/20 – The Manager Business Valla Growth Area come to full Development is meeting with Colliers Council to be considered in International in relation to the marketing of closed. the land.

16/3/21 – Quarterly updates to Council on land sales

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ITEM 9.1 OUTSTANDING ACTIONS AND REPORTS

NOVEMBER 2020

14 SF1855 26/11/20 Council receive a further report AGMES 30/11/20 – Report in March 2022 on the outcome of the changed intersection (Cooper 02/02/21 – NSW Police objected to and River Streets) at the opening the intersection to any further completion of the 12 month traffic movements. As there is not a trial. unanimous concurrence form the Traffic Committee to the recommendation and proposed changes, Council is required to follow a process as set out in the delegation to councils for the regulation of traffic (including Traffic Committees).

The matter has escalated up to a regional level and a member from TfNSW met with the MTS on 2 February. A further report is now pending as to whether the changes may or may not be trialled.

FEBRUARY 2021

15 SF1676 11/02/21 That Council receive quarterly AGMCS 16/02/21 – GM suggests first report in last reports detailing plant Council meeting in May following purchases and sales, recruitment of a Management Accountant. maintenance costs, plant hire income and plant reserve 16/3/21 – Reports by Management balances. Accountant will be an attachment to Quarterly Budget Reviews.

16 SF1575 11/02/21 Questions with notice AGMCS 16/02/21 – Investigation currently concerning asset management scheduled for May 2021. to be referred to the Internal Auditor who is to conduct an 16/3/21 – Internal auditor to commence investigation of Council’s asset review in May 2021 management procedures scheduled for May 2021.

17 SF2879 25/02/21 Council receive an urgent AGMES 26/02/21 – report to meeting on 11/03/21. report on the status of negotiations with Forestry Corp re causeway on Sheet O’Bark Road. Report to address reasons for the failure of the causeway and proposed solution, timeline and source of funding for rectification.

18 SF1676 25/02/21 That the Capital Works AGMES 26/02/21 – report to meeting on 11/03/21. Program Monthly Report as at 18/02/21 be deferred to the 3/03/21 – With the next Capital Works next Council meeting. report due 25/03/2021 the report will be put to this meeting and cover the issues raised at the meeting 25 February 2021. Staff looking at using Bis as a common database to avoid inconsistencies due to different data sets.

MARCH 2021

19 SF3014 11/03/21 Council consider an allocation AGMCS 14/03/21 – awaiting outcome of grant of $11,000 to the NH Tennis application Club for LED lighting of Cts 3 & 4 in the 21/22 budget subject to a successful grant

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ITEM 9.1 OUTSTANDING ACTIONS AND REPORTS

application for the balance of the funds.

20 SF843 11/03/21 Council exhibit a draft GM 14/03/21 – report in May 2021 Companion Animals Policy for 28 days to permit dogs on leads b/w Swimming Creek and Main Beach, NH’s.

21 RF396 11/03/21 Council receive a AGMES 14/03/21 – with the wet weather being comprehensive report re the experienced in the lead up to preparing the manner in which this matter Council agenda, a late report will be (causeway on Sheet O’Bark) presented to the meeting on 25/03/21. A has been handled, including revised design is also anticipated from items raised by Ms Luond and Forestry Ms Sepers. Council receive clarification of the costing for replacement of bridges in the CVR. That Council receive an accurate cost of a replacement bridge as a matter of urgency.

22 SF1541 11/03/21 The amendment to Nambucca GM 14/03/21 – report to meeting on 25/03/21 LEP 2010 be deferred to seek further clarification on the current and proposed legal status of manufactured homes on rural land.

ATTACHMENTS: There are no attachments for this report.

CO25032021SR_9 Page 28 of 104 Ordinary Council Meeting 25 March 2021

GENERAL MANAGER'S REPORT

ITEM 9.2 SF578 250321 NSW SHARK MANAGEMENT STRATEGY

AUTHOR/ENQUIRIES: Michael Coulter, General Manager

SUMMARY:

After 5 years of research the NSW Government is finalising a shark management strategy and is seeking Council’s feedback to a survey of preferred shark mitigation measures. Whilst the 5 years of research has resulted in far more knowledge about the migratory patterns of the three target species, White Sharks, Tiger Sharks and Bull Sharks, there has been no “stand out” solution to mitigating shark attacks. It is likely that a number of mitigation measures, including shark awareness education, the use of drones and personal protection devices will contribute to reducing, but not eliminating risk.

RECOMMENDATION:

That Council submit responses to the survey on preferred shark mitigation measures as shown in the discussion section of the report.

OPTIONS:

It is open to the Council to have different responses to the survey on preferred shark mitigation measures.

DISCUSSION:

The General Manager attended an on-line forum on 1 March 2021 conducted by Department of Primary Industries (DPI Fisheries) concerning the outcomes of the NSW Government’s 5 years long investigation to develop a shark management strategy. During the 5 years of research over $16m has been invested in the testing of shark mitigation measures with a further $8m invested in 2020/21.

A summary of the research findings is shown attached.

DPI Fisheries are providing Council with the opportunity to make a submission on the strategy up until 30 April 2021.

A significant amount of the funding has been applied to tagging and tracking the movements of over 800 sharks of the target species being the White Shark, Tiger Shark and Bull Shark. The target species are those known to attack humans. The tracking has confirmed that sharks tend not take up “residence” at a particular location but rather have very long migratory movements.

Migratory movement is certainly the case for White Sharks which seem to prefer colder water. The Mid North Coast tends to be their northern most destination with their numbers being greatest in this area during the winter months when the water is cooler. This is confirmed by the records of the listening station at Port Macquarie which records the movement of tagged White Sharks past Port Macquarie. Whilst it is possible for White Sharks to be in this area at any time of the year the listening station (and satellite tracking) suggests their numbers are greater during the winter months. During summer they tend to head south to Victoria, Tasmania and South Australia.

Conversely the tracking indicates that Tiger Sharks and Bull Sharks seem to prefer warmer water with their migratory movements tending to be Northern Queensland and the Great Barrier Reef during winter and the NSW coast during summer. That is, the opposite direction to White Sharks. Juvenile Bull Sharks reside in the estuary in which they were born for up to 5 years.

So whilst the science is interesting it probably doesn’t tell local ocean users what many don’t already know. That is the sharks most likely to attack humans can be found on the Mid North Coast at any time of the year.

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ITEM 9.2 NSW SHARK MANAGEMENT STRATEGY

Surveys of community attitudes to preferred mitigation measures, both opt in and representative, favoured community education and surveillance by drones and helicopters (more passive measures) over more aggressive responses such as shark nets.

The scientific investigations undertaken in developing the strategy assessed a number of personal deterrents. Whilst none of the identified deterrents could be assessed as 100% effective, the Shark Shield, being an electrical impulse device which can be attached to a surf board did demonstrate it was scientifically effective in discouraging sharks. Somewhat surprisingly personal deterrents were not highly rated as a preferred mitigation method, perhaps for the reason that the scientific evaluation of the effectiveness of the Shark Shield is not widely known.

The longest running shark mitigation program has been the NSW shark meshing program or “shark nets” which have operated across 51 beaches between Newcastle and Wollongong between 1 September and 30 April since 1937. This shark mitigation measure was the least preferred in surveys of community attitudes, possibly because of adverse outcomes for non-target species including mammals such as dolphins and whales. The results of the shark meshing program in the Newcastle/Sydney/Wollongong area for the past 20 years are attached. The data also shows the effectiveness of smart drumlines in capturing targeted species for tagging.

There are limitations with other trialled mitigation measures being:

UAV’s (unmanned aerial vehicles) or Drones  Limited by sea conditions eg wave chop and turbidity can make it difficult to sight target sharks  Flights are restricted within 1km of the pilot  A lot of water based activity, and particularly surfing, will take place outside drone operating hours

Helicopters  Sea conditions (chop and turbidity) reduce effectiveness  Limited by weather  Expensive to operate

Listening Stations  Only detects tagged sharks  Requires a tagging program to tag sharks to detect  From GM – there are so many tagged sharks passing listening stations, for example at Port Macquarie that the information is unlikely to influence people’s decisions as to whether or not to go into the water.

Smart Drum Lines  Whilst not listed as a disadvantage it is likely the case that catching and tagging target species on smart drumlines is a relatively expensive undertaking. And the migratory patterns of White Sharks in particular are such that “interlopers” from New Zealand or the West Australian coast could pass through in addition to the sharks which have been previously tagged.

Personal Protection Devices  Whilst no personal protection device has proven to be 100% effective the Shark Shield electrical impulse device which can be attached to a surfboard was proven to discourage target species.

DPI Fisheries is seeking the Council’s response to a survey on preferred shark mitigation measures in NSW. The full survey is attached. The relevant survey questions together with the proposed responses shown in italics are listed as follows:

3.2 When do you think shark mitigation measures should be deployed? Please select all that are relevant  All year  September- April when people swim in the ocean  Winter  Summer

CO25032021SR_5 Page 30 of 104 Ordinary Council Meeting 25 March 2021

ITEM 9.2 NSW SHARK MANAGEMENT STRATEGY

 Spring  Autumn  Never

Preferred Answer – All year because on the Mid North Coast surfing and other water based activities occur throughout the year

4. The list below includes different community education and shark alert measures. Which, if any, do you support in your local government area (or NSW in general)?

Yes, supported No, do not support Beach signage informing beachgoers about how to avoid the chance of a shark encounter Community education forums (e.g. information nights at surf clubs, community meetings) Pop-up Mobile SharkSmart Education (e.g. DPI SharkSmart education trailer attends beaches, schools and surfing events) SharkSmart App (using alerts from shark listening stations) Digital communications (through social media or special interest websites) SharkSmart Education ‘packages’ for different beach user groups (videos or FAQs relevant to surfers, divers, surf life savers)

Preferred Answer – Yes to all, noting that it is the NSW Government and not Council which has to prioritise the allocation of resources to the shark management strategy.

5. The list below includes different aerial surveillance measures like helicopters and drones. Which, if any, do you support in your local government area (or NSW in general)?

Yes, supported No, do not support Helicopters Drones

Preferred Answer – Yes to all, noting that it is the NSW Government and not Council which has to prioritise the allocation of resources to the shark management strategy.

6.1 The list below includes different in-water measures. Which, if any, do you support in your local government area (or NSW in general)?

Yes, supported No, do not support Shark listening stations linked to the SharkSmart app (detection tracking notifications) Personal shark deterrent devices

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ITEM 9.2 NSW SHARK MANAGEMENT STRATEGY

Preferred Answer – Yes to all, although it would be interesting to see data as to whether the SharkSmart app affects peoples choices as to whether to swim/surf or not.

6.2

Yes, supported No, do not support Smart drumlines Shark mesh nets

Preferred Answer – Yes to all, although noting that shark mesh nets have only operated in the Newcastle, Sydney and Wollongong Areas. Whilst shark mesh nets have been effective in statistical terms in reducing shark attacks on the most populous NSW beaches there is significant by-catch mortality. The NSW Government will need to weigh this in deciding whether or not to continue the meshing program or instead replace it with smart drum lines.

7. And, which of the following research topics, should the government focus on in your local government area (or NSW in general) to increase protection of beachgoers?

Yes, supported No, do not support Shark movement patterns and behaviour Role of sharks in the marine ecosystem Drone technology improvements Patterns in human-shark interactions Monitoring of shark populations

Preferred Answer – Yes to all

8.1 Please indicate which (if any) of the shark mitigation measures listed below you would prefer for your region (or NSW in general). It is a preference range being 0 = no preference 5 = moderate preference 10 = high preference

Preferred Answer

Community education (signs, mobile education & pop-ups) = 5 Helicopters = 6 Drones = 8 Smart Drumlines = 8 Shark mesh nets = 5 Shark listening stations linked to the SharkSmart app = 5 Personal shark deterrent devices = 8 Personal responsibility (self-education and risk analysis) = 5 Research to learn more about sharks and mitigation technologies = 5

The identified preferences weight the more active, direct interventions which have better environmental outcomes over others.

CONSULTATION:

I participated in an on-line forum with DPI Fisheries scientists.

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ITEM 9.2 NSW SHARK MANAGEMENT STRATEGY

As a volunteer lifesaver I have also discussed the use of drones and shark sightings with the Australian Surf Life Saving sponsored drone pilot who operated at the main beach at Scotts Head through the NSW school holidays. This funding was provided as part of the shark management strategy. Drones can be an effective tool in spotting sharks, particularly on sunny day with minimal chop and less turbidity.

The drone has got a speaker which can alert a board rider or swimmer to an approaching shark.

In terms of the three target species, the drone pilot advised there is science which suggests that the greatest risk can pertain to juvenile White Sharks which are of a size/age that their diet is starting to broaden from fish to include mammals but without the experience of knowing the preferred mammal species. Equally it could be the case that if the White Shark (or other target species) is hungry enough it might bite first and decide on palatability later.

The theory in relation to juvenile White Sharks is relevant to the Mid North Coast as it is now known from research by the CSIRO and DPI Fisheries that the Port Stephens to Forster area of the Mid North Coast is a significant breeding and nursery area for White Sharks. The reason for this is unknown.

SUSTAINABILITY ASSESSMENT:

Environment

A shift away from shark “meshing” or shark nets to smart drum lines would improve environmental outcomes by eliminating by-catch mortality. The Shark Management Strategy is silent as to whether or not consideration is being given to replacing shark nets in Newcastle, Sydney and Wollongong with smart drum lines. Conversely it would seem that shark “meshing” has been effective in statistically reducing the chances of a shark attack in the Newcastle, Sydney and Wollongong areas.

Social

There have been a number of human-shark interactions (shark attacks) in this local government area. The risk to life from blood loss and infection from a shark bite are significant.

Economic

There are no significant economic implications. A similar relative risk exists for all of the coastal communities on the Mid North and North Coasts.

Risk

The number of human-shark interactions (shark attacks) on the Mid North and North Coast seems to be increasing. In managing the risk there will be trade-offs in terms of environmental impacts, economic impacts and cost, not to mention the trauma for the victim and their family and friends.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There is no budgetary impact for Council.

Working funds – justification for urgency and cumulative impact

There is no impact on working funds.

Service level changes and resourcing/staff implications

There are no service level or resourcing implications.

CO25032021SR_5 Page 33 of 104 Ordinary Council Meeting 25 March 2021

ITEM 9.2 NSW SHARK MANAGEMENT STRATEGY

ATTACHMENTS: 1 11962/2021 - NSW Shark Management Strategy 2 12052/2021 - Catch Summary - Shark Meshing Program - 1991 to 2019 3 12066/2021 - Preferred Shark Mitigation Measures Survey

CO25032021SR_5 Page 34 of 104 Ordinary Council Meeting 25 March 2021

GENERAL MANAGER'S REPORT

ITEM 9.3 SF2959 250321 BUSHFIRE COMMUNITY RECOVERY AND RESILIENCE FUND

AUTHOR/ENQUIRIES: Rhiannon Treasure-Brand, Community Recovery Officer; Michael Coulter, General Manager

SUMMARY:

The Council was successful in obtaining a grant of $250,000 under the Bushfire Community Recovery and Resilience Fund. The grant program is specifically tied to projects directed towards social recovery via events as well as social and educative projects.

Council’s Bushfire Relief Committee met on 11 March 2021 to consider the applications. Following the exclusion of a number of projects which did not meet the funding requirements because they were primarily concerned with capital expenditure or funding an on-going program, the remaining projects were within the budget allocation and are recommended for approval.

RECOMMENDATION:

A. Council adopt the recommendations of the Bushfire Relief Committee to fund the following grant applications:

Macro Scale Projects

1. Saltwater/Freshwater Cultural Festival - $50,000 2. Be You – Uniting Church - $50,000 3. Community Panel Discussion and Artistic Exhibition - $30,000 4. Woodstock in the Valley – Rotary - $16,650 5. Macksville Marlins Swim Development - $10,750 6. Family Friday – Eungai Community Preschool - $9,000

Micro Scale Projects

1. Farmers Long Brunch – Nambucca Valley Farmers Branch - $3,500 2. Agriculture Matters Youth Workshop (Primary) – Nambucca Valley Farmers Branch - $3,500 3. Agriculture Matters Youth Workshop (Secondary) – Nambucca Valley Farmers Branch - $3,500 4. Macksville Cycle Club – Off Road Event - $3,500 5. Training Drive – Nambucca Valley Bridge Club - $2,800 6. Golf and Bowls Day - Macksville Country Club - $2,725 7. Oh, I’m Just a Farmer’s Wife – Nambucca Valley Farmers Branch - $2,715 8. Jills at Jacks Ridge Mountain Bike Race – Nambucca Valley Cycle Club - $1,078

B. Council retain the unallocated funding of $7,782 as a contingency for those approved grants should any projects encounter unforeseen expenses.

C. The unsuccessful applicants be advised of the Committee’s recommendation and Council’s decision.

OPTIONS:

The Council has discretion in relation to the projects which are funded. However the funding criteria relates to events, and not capital expenditure nor recurrent operational expenditure. The Council would be unlikely to obtain a variation to spend the grant funding for purposes other than social recovery via events.

DISCUSSION:

CO25032021SR_16 Page 35 of 104 Ordinary Council Meeting 25 March 2021

ITEM 9.3 BUSHFIRE COMMUNITY RECOVERY AND RESILIENCE FUND

The provision of the grant funding was reported to Council’s meeting on 17 December 2020. The funding is being provided as per Council’s application being an 80% of the funding for two rounds of Council led social project grants; one micro scale ($500 to $3,500) and one macro scale ($3,501 to $50,000). The remaining 20% of the funding is to be applied to administration and emergency planning in the community.

Council will note that four (4), “Get Ready Nambucca Valley” emergency preparedness workshops have been held across the LGA in the past month as part of this program. Several follow up ideas emerged for future information sharing and further community engagement. RFS, SES, Fire and Rescue NSW and the Red Cross were all appreciative of this combined opportunity for engaging with the community and are open to further engagement where appropriate.

Following public notification of the micro and macro scale grant program, Council’s Bushfire Relief Committee met on 11 March 2021 to consider the applications. Following the exclusion of four projects which did not meet the funding requirements because they were primarily concerned with capital expenditure or funding an on-going program, the remaining projects were within the budget allocation.

Accordingly it is recommended that Council endorse the recommendations of the Bushfire Relief Committee and provide funding to the following projects:

Macro Scale Projects

Micro Scale Projects

The applications for each of the projects are attached.

The projects which were assessed as not meeting the funding criteria were:

Midcoast Mower Racing Club Inc – Mower Racing Facility Request for $36,000 to construct a track, amenities, canteen, creek crossing, road and shelters on private property at Eungai Rail. The Committee considered this to be a capital project with the added issue it was to be constructed on privately owned land.

Nambucca Valley Community Church – Long Term Chaplain for the Community Request for $26,380 to support the activities of a Chaplain for 12 months. The Committee considered this to be outside the funding criteria as it relates to an on-going operational expense.

Unkya Local Aboriginal Land Council – Gamang Gumbaynggirr Kayak Adventures Request for $33,110 to purchase kayaks, paddles and a trailer to operate kayak tours (costed items omitted trailer). The Committee considered this was a capital expense for an on-going business.

CO25032021SR_16 Page 36 of 104 Ordinary Council Meeting 25 March 2021

ITEM 9.3 BUSHFIRE COMMUNITY RECOVERY AND RESILIENCE FUND

Nambucca Heads Bowling Club Request for $50,000 to purchase a commercial scale generator in the event that if power supplies were affected by bushfires in the future they would have the capability to be an emergency shelter with full amenities available, including food preparation, drinks, showers and emergency accommodation. The Committee similarly considered this was a capital expense for an on-going business.

CONSULTATION:

The Council’s Bushfire Relief Committee met to review the applications and have recommended funding the nominated projects.

SUSTAINABILITY ASSESSMENT:

Environment

The grants program aims to improve wellbeing and resilience in the community environment. The Emergency Preparedness initiatives educate and inform people about local hazards so people and the community can be more sustainable in our environment.

Social

The grants program provides community organisations the opportunity to support the community’s social recovery from bushfire. A diverse range of events and activities conducted by a variety of organisations is recommended for approval. It is expected that a significant proportion of Nambucca Valley residents will be involved in or participate in at least one of these events.

Economic

The grants program will provide economic stimulus for local businesses, entertainers and organisations.

Risk

Some events under the grant scheme may risk COVID or another situation that means it can no longer proceed under the same conditions. However, mitigation measures should minimise this impact should it occur.

A funding deed will be provided to each applicant. The deed will set out their reporting and acquittal obligations.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There is no budgetary impact. The grant program is fully funded under the Bushfire Community Recovery and Resilience Fund.

The nominated project costs mean that there is a remaining contingency of $7,782. Given the program expenditure of $250,000 this is a relatively small amount which can assist with any unexpected costs.

Working funds – justification for urgency and cumulative impact

There is no impact on working funds.

Service level changes and resourcing/staff implications

The Bushfire Appeal Committee, Community Recovery Officer and Grants & Contributions Officer will be responsible for oversight of the grants program.

CO25032021SR_16 Page 37 of 104 Ordinary Council Meeting 25 March 2021

ITEM 9.3 BUSHFIRE COMMUNITY RECOVERY AND RESILIENCE FUND

The Community Recovery Officer role will end 30 June 2021. The CRO will undertake delivery of the above program during the contracted position and provide a transition plan.

The Grants program will continue under the auspice of the Grants and Contributions Officer, to be acquitted with the help of the NVC finance team. ATTACHMENTS: 1 13775/2021 - Saltwater/Freshwater Festival 2 13776/2021 - Be You - Uniting Church 3 13778/2021 - Community Panel Discussion and Artistic Exhibition - NGO TBA 4 13798/2021 - Woodstock in the Valley - Rotary 5 13800/2021 - Macksville Marlins Swim Development 6 13803/2021 - Family Friday - Eungai Community Preschool 7 13806/2021 - Farmers Long Brunch 8 13808/2021 - Agriculture Matters Youth Workshop (Primary) 9 13816/2021 - Agriculture Matters Youth Workshop (Secondary) 10 13826/2021 - Macksville Cycle Club - Off Road Event 11 13842/2021 - Training Drive - Bridge Club 12 13856/2021 - Golf and Bowls Day - Macksville Country Club 13 13858/2021 - Oh, I'm Just a Farmer's Wife 14 13872/2021 - Jills at Jacks Ridge Mountain Bike Race

CO25032021SR_16 Page 38 of 104 Ordinary Council Meeting 25 March 2021

GENERAL MANAGER

ITEM 9.4 SF1541 250321 AMENDMENT TO THE NAMBUCCA LOCAL ENVIRONMENTAL PLAN 2010

AUTHOR/ENQUIRIES: Daniel Walsh, Manager Development and Environment

Summary:

This report provides additional information to Council in accordance with a resolution at the meeting on 11 March 2021 regarding recommended amendments to the Nambucca Local Environmental Plan 2010.

NOTE: This matter requires a “Planning Decision” meaning a decision made in the exercise of a function of the council under the Environmental Planning and Assessment Act 1979 including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan. Under Section 375A of the Local Government Act 1993 it requires the General Manager to record the names of each Councillor supporting and opposing the decision.

RECOMMENDATION:

i. Include ‘Residential Accommodation’ as a land use that is permissible with development consent in the RU1, RU2, R5, E2, E3, E4 zones so that manufactured homes are permitted to be installed within these zones with development consent.

ii. Alter the wording of Clause 4.2A(3) so that it applies to lots on which a manufactured home is proposed to be installed and to lots on which dwellings have been constructed/installed without development consent.

iii. Include ‘Vehicle Sales or Hire Premises’ as a land use that is permissible with development consent within the B7 Business Park Zone.

2 If the Minister determines that the matter should proceed, Council staff undertake community consultation in accordance with the gateway determination.

OPTIONS:

 Proceed with the planning proposal with or without amendments.

 Not proceed with the planning proposal.

DISCUSSION:

The below report was presented to Council at the previous meeting on 11 Mach 2021. After consideration of the report Council made the following resolution:

That the Amendment to the Nambucca Local Environmental Plan 2010 report be deferred to seek further clarification on the current and proposed legal status of manufactured homes on rural land.

CO25032021PR_1 Page 39 of 104 Ordinary Council Meeting 25 March 2021

ITEM 9.4 AMENDMENT TO THE NAMBUCCA LOCAL ENVIRONMENTAL PLAN 2010

The following comments are made to clarify the above:

 Currently a single manufactured home on a vacant lot is prohibited within the RU1, RU2, R5, E2, E3, E4 zones under the NLEP 2010. This is because ‘residential accommodation’ is prohibited within these zones and a manufactured home does not fall under any other land use within the NLEP 2010.

 Two manufactured homes are permissible with development consent on a vacant lot in the above mentioned zones as they are classified as a ‘dual occupancy’ under the NLEP 2010.

 A single ‘dwelling house’ (building constructed on site) is permissible with development consent on a vacant lot in the above mentioned zones.

 A manufactured home cannot be classified as a ‘dwelling house’ as a dwelling house is defined as a building, and the Environmental Planning and Assessment Act 1979 definition of a building excludes manufactured homes.

 The proposed amendment in recommendation 1 (i) of this report will result in a single manufactured home being able to be installed within the above mentioned zones with development consent in the same way a single dwelling house can be built on the same site.

 The proposed amendment in recommendation 1 (ii) of this report will result in any proposal to install a manufactured home in the above mentioned zones being required to comply with the dwelling entitlement provisions of the NLEP 2010 in the same way a single dwelling house being built on the same land would have to comply with.

Report from 11 March 2021 Council Meeting

It has come to the attention of staff that there are discrepancies in the Nambucca Local Environmental Plan 2010 (LEP) which need urgent attention. These are outlined as follows:

Permissibility of manufactured homes Manufactured homes are a popular form of dwelling construction, especially in rural areas. Manufactured homes are built off site and transported to the site in one or more major sections and installed on footings.

A manufactured home is defined in the Local Government Act 1993 as:

“a self-contained dwelling (that is, a dwelling that includes at least one kitchen, bathroom, bedroom and living area and that also includes toilet and laundry facilities), being a dwelling— (a) that comprises one or more major sections, and (b) that is not a motor vehicle, trailer or other registrable vehicle within the meaning of the Road Transport Act 2013, and includes any associated structures that form part of the dwelling.”

The definition of a building in the Environmental Planning and Assessment Act 1979 excludes a manufactured home or associated structure as defined above.

The result of this is that prior to the installation of a manufactured home on land, approval is required under section 68 of the Local Government Act 1993 for the physical installation of the dwelling on the land and development consent is required under the Environmental Planning and Assessment Act 1979 for the use of the land.

Historically, most if not all Councils in the state have issued development consents for manufactured homes for the use of the land as a ‘dwelling’. As part of that development consent, approval is also given under section 68 of the Local Government Act 1993 for the installation of the manufactured home (provisions in the act allow both approvals to be issued in one development consent).

CO25032021PR_1 Page 40 of 104 Ordinary Council Meeting 25 March 2021

ITEM 9.4 AMENDMENT TO THE NAMBUCCA LOCAL ENVIRONMENTAL PLAN 2010

The issue that has emerged is that a ‘dwelling’ is not a land use under the LEP. Land uses are listed under group terms in the LEP. The group term ‘residential accommodation’ is defined in the LEP as follows:

“residential accommodation means a building or place used predominantly as a place of residence, and includes any of the following: (a) attached dwellings, (b) boarding houses, (c) dual occupancies, (d) dwelling houses, (e) group homes, (f) hostels, (g) multi dwelling housing, (h) residential flat buildings, (i) rural workers’ dwellings, (j) secondary dwellings, (k) semi-detached dwellings, (l) seniors housing, (m) shop top housing, but does not include tourist and visitor accommodation or caravan parks”

The land uses relevant to ‘residential accommodation’ are listed from a-m above. A ‘dwelling house’ is a dwelling that is constructed on the lot. A ‘dwelling house’ is defined as a building under the LEP. A single manufactured home on a vacant lot does not fall within the ‘dwelling house’ definition or any of these other land uses because it is not a building under the Act and it is only one dwelling. However, a single manufactured home on a vacant lot which is to be used as a person(s) place of residence still falls within the group term ‘residential accommodation’.

This position was supported by the Land and Environment Court in Central Coast Council v Bhandari [2020]. As part of this case, the Council sought a declaration that a land owner was in breach of the Environmental Planning & Assessment Act 1979 for using his land for ‘residential accommodation’ by living in a caravan (falls within the definition of manufactured home) on land in a zone in which ‘residential accommodation’ was prohibited under the Gosford Local Environmental Plan 2014.

The result of this is that unless ‘residential accommodation’ is permissible within the zone the development site is in, the installation of one manufactured home on a vacant lot is prohibited under the LEP. However, two manufactured homes on the same lot would be permissible as dual occupancies are a permissible land use. It is considered that this oversight is the result of the requirement to obtain an approval under two separate Acts for one building, the variety of definitions which apply across both Acts, and the implementation of the standard LEP which was rolled out across NSW from 2006 (new standard definitions/land uses were established).

For Council to rectify this issue it is recommended that Council amend the land use tables of the LEP to permit ‘residential accommodation’ to be undertaken with development consent in those zones where dwelling houses are currently permissible. Put simply, this would mean that if you can construct a dwelling on the land you will be able to choose to install a manufactured home on the land instead.

Currently manufactured homes are permissible within most residential zones as ‘residential accommodation’ is permissible with consent in those zones. However, ‘residential accommodation’ is prohibited in the following zones where ‘dwelling house’ are permissible:

 RU1 Primary Production  RU2 Rural Landscape  R5 Large Lot Residential  E2 Environmental Conservation  E3 Environmental Management  E4 Environmental Living

CO25032021PR_1 Page 41 of 104 Ordinary Council Meeting 25 March 2021

ITEM 9.4 AMENDMENT TO THE NAMBUCCA LOCAL ENVIRONMENTAL PLAN 2010

The intent of including ‘residential accommodation’ in the above zones as permissible with consent is to permit the installation of manufactured dwellings. To ensure other land uses listed in a-m above do not also become permissible where they are not already, the amendment to the land use tables will list those land uses as prohibited.

In summary, the above amendment will resolve the current issue of it being permissible to construct a dwelling in the above zones or install two manufactured homes on the one site to form a ‘dual occupancy’ or ‘secondary dwelling’; but not being permissible to install one manufacture home on a vacant lot.

Lots which dwelling entitlement provisions do not apply to within the rural and environment protection zones

Clause 4.2A of the LEP reads as follows:

4.2A Erection of dwelling houses and dual occupancies on land in certain rural and environmental protection zones (1) The objectives of this clause are as follows— (a) to minimise unplanned rural residential development, (b) to enable the replacement of lawfully erected dwelling houses and dual occupancies in rural and environmental protection zones. (2) This clause applies to land in the following zones— (a) Zone RU1 Primary Production, (b) Zone RU2 Rural Landscape, (c) Zone E2 Environmental Conservation, (d) Zone E3 Environmental Management. (3) Development consent must not be granted for the erection of a dwelling house or a dual occupancy on a lot in a zone to which this clause applies, and on which no dwelling house or dual occupancy has been erected, unless the lot is— (a) a lot that is at least the minimum lot size specified for that lot by the Lot Size Map, or (b) a lot created before this Plan commenced and on which the erection of a dwelling house or dual occupancy was permissible immediately before that commencement, or (c) a lot resulting from a subdivision for which development consent (or equivalent) was granted before this Plan commenced and on which the erection of a dwelling house or a dual occupancy would have been permissible if the plan of subdivision had been registered before that commencement, or (d) an existing holding.

The above clause is the development standard which determines if a lot has a dwelling entitlement. Without this clause a dwelling would be permissible on all lots within the rural and environmental protection zones regardless of its size.

Subclause 4.2A(2) outlines that the clause applies to the rural and environment protection zones.

Subclause 4.2A(3) only identifies a ‘dwelling house’ or ‘dual occupancy’ as being applicable to the operation of the clause. If Council were to amend the land use table to permit ‘residential accommodation’ to facilitate manufactured homes in these zones as outlined above; it is recommended that subclause 4.2A(3) be amended to have ‘residential accommodation’ as being applicable to the operation of the clause. This would ensure that a manufactured home couldn’t be installed on a site which doesn’t have a dwelling entitlement.

It is also recommended to amend subclause 4.2A(3) to refer to a lot on which no lawful dwelling has been erected. This is because the section underlined in the clause above refers to a lot “on which no dwelling house or dual occupancy has been erected”. The issue with this is that if someone were to build a dwelling on a lot without approval, this clause would not apply to that lot as it is a lot on which a dwelling house has been erected. This means that if someone owns a lot which does not have a dwelling entitlement, they could build a dwelling without approval and as part of any application to seek to continue to use the dwelling, this clause would not apply.

To rectify the above issues with clause 4.2A(3) it is recommended that it be amended with wording to the following effect:

CO25032021PR_1 Page 42 of 104 Ordinary Council Meeting 25 March 2021

ITEM 9.4 AMENDMENT TO THE NAMBUCCA LOCAL ENVIRONMENTAL PLAN 2010

Development consent must not be granted for residential accommodation on a lot in a zone to which this clause applies, and on which no lawful residential accommodation has been established, unless the lot is— (a) a lot that is at least the minimum lot size specified for that lot by the Lot Size Map, or (b) a lot created before this Plan commenced and on which the erection of a dwelling house or dual occupancy was permissible immediately before that commencement, or (c) a lot resulting from a subdivision for which development consent (or equivalent) was granted before this Plan commenced and on which the erection of a dwelling house or a dual occupancy would have been permissible if the plan of subdivision had been registered before that commencement, or (d) an existing holding.

Permissibility of ‘Vehicle Sales or Hire Premises’ in the B7 Business Park zone

Recently Council received a development application for the use of the former Kennwal Ford site on Giinagay Way, Nambucca Heads for a mixed use development which was to incorporate the sale of vehicles from the land. The site is within the B7 Business Park zone. As part of the assessment of this application it became apparent that ‘vehicle sales or hire premises’ are prohibited within the B7 Business Park zone. Development consent was not able to be granted to the use of the site as a vehicle sales or hire premises due to this and that the site no longer benefits from existing use rights (Kennwal Ford had development consent) as the former use had ceased for over 12 months.

Given land uses such as depots, garden centres, hardware and building supplies, and industrial retail outlets are permissible within the B7 Business Park zone, it is not considered that vehicle sales or hire premises would be contrary to the character of this zone. As such, it is recommended to add ‘vehicle sales or hire premises’ to the land use table of the B7 Business Park zone so that they are permissible with development consent.

Please note that the current use of the former Kennwal Ford site is assessed to be a wrecking yard and residential accommodation, with both uses being prohibited in the zone. The proposed amendment will not make these uses permissible. Compliance action is underway in relation to the current use of the land.

CONSULTATION:

Nil

SUSTAINABILITY ASSESSMENT:

Environment

The proposed amendments will not result in any negative impacts on the environment.

Social

The proposed amendments will give greater flexibility to people when choosing construction methods for dwellings.

Economic

Prohibiting manufactured homes has the potential to significantly impact those companies which construct manufactured dwellings and increase costs of establishing dwellings on remote sites where manufactured homes are the most viable option.

Risk

It is not considered there is any risk with adopting the recommendations. However, there is risk of being unsuccessful in any court proceedings regarding unlawful dwellings if clause 4.2A is not amended.

CO25032021PR_1 Page 43 of 104 Ordinary Council Meeting 25 March 2021

ITEM 9.4 AMENDMENT TO THE NAMBUCCA LOCAL ENVIRONMENTAL PLAN 2010

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets Nil

Working funds – justification for urgency and cumulative impact Nil

Service level changes and resourcing/staff implications Minor level of staff time to make the amendments. No additional resources needed.

ATTACHMENTS: There are no attachments for this report.

CO25032021PR_1 Page 44 of 104 Ordinary Council Meeting 25 March 2021

GENERAL MANAGER'S REPORT

ITEM 9.5 SF2457 250321 DRAFT COASTAL MANAGEMENT PROGRAM

AUTHOR/ENQUIRIES: Grant Nelson, Coordinator Strategic Planning & Natural Resources

SUMMARY:

Councils draft Coastal Management Program has been prepared by Hydrosphere Consulting with funding assistance through the NSW State Governments Coastal Program and the Councils Environmental Levy.

The program will replace Council’s existing Estuary Management Program and Council’s Existing Coastal Zone Management Plan. The program is intended to form a key component of Council’s future Delivery Program and Integrated Planning and Reporting framework.

The purpose of this report is to gain Council endorsement to exhibit the Draft Coastal Management Program.

RECOMMENDATION:

1. That Council endorse the Draft Coastal Management Program and associated documents be placed on exhibition with changes outlined track changes draft document attached to this report

2. That the Draft Coastal Management Program be exhibited for a minimum of 28 days in accordance with the NSW Coastal Management Manual (Part A). That the exhibition be undertaken as outlined in the body of this report

3. That the Draft Coastal Management Program be forwarded to relevant NSW Government Agencies for comment in accordance with the NSW Coastal Management Manual;

4. That the Draft Coastal Management Program be forwarded to relevant community groups and organisations who may wish to provide comment on the draft program.

5. That the Draft Coastal Zone Emergency Action Subplan be forwarded to the Local Emergency Management Committee for Formal Comment.

OPTIONS:

 Council may resolve not to exhibit the draft program;  Council may resolve to proceed to exhibit the draft document with additional changes

DISCUSSION:

Council received $25,000 from the Office of Environment and Heritage (OEH) to support the implementation of the Coastal Management Program. Council’s Environmental Levy is also contributing $25,000 to the program. The program will essentially review and update Council’s existing coast and estuary studies and plans in accordance with OEH’s guidelines and the Coastal reforms.

The following website link contains all information relevant to this the program except the Draft Coastal Management Program and the Draft Coastal Emergency Action Subplan which is drafted and attached to this report [Attachment 1] and [Attachment 2].

Nambucca Shire Coastline and Estuaries CMP (hydrosphere.com.au)

This Website will be updated to support the exhibition process.

Council engaged Hydrosphere to prepare the program which was undertaken in the following stages:

CO25032021SR_1.DOCX Page 45 of 104 Ordinary Council Meeting 25 March 2021

ITEM 9.5 DRAFT COASTAL MANAGEMENT PROGRAM

Stage 1 - Scoping study – involves collation of existing information, community and stakeholder engagement, and scoping of technical studies to fill key information gaps. July 2018 – February 2019.

Stage 2 - Detailed studies of vulnerabilities and opportunities – involves confirmation of key issues and concerns, field work to confirm current knowledge and completion of identified technical studies to fill key information gaps. February 2019 – May 2019.

Stage 3 - Response indication and evaluation – involves threat consequence and risk assessment, the evaluation and identification of management options and the development of management actions. May 2019 – June 2019.

Stage 4 - Finalise, exhibit, certify and adopt the CMP – involves the preparation of a Draft CMP for agency review and public exhibition, the identification of funding and final mechanisms to implement the CMP, compiling and addressing submissions from agencies and the community and finalisation of the CMP document for certification. June 2019 onwards.

Stage 5 - Implementation, monitoring and reporting – involves the implementation of management actions from the certified CMP by Council and agencies as well as the monitoring and reporting of CMP progress. Ongoing.

The program was on hold for an extended period but has recently re-commenced. Council has now prepared reports to support stage 1, 2, 3 and 4 of the program.

CONSULTATION:

Council, Councils Nambucca River Creeks Estuaries and Coastline Management Committee and senior staff were provided with copies of the relevant document for review and comment on the 18th December 2020 requesting feedback by 24th January 2021. This was later extended to 31st January 2021.

At the time of writing this report comments were receive from Council’s General Manager and DPIE Senior Coast and Estuaries Officer Representative Mr John Schmidt.

EXHIBITION:

It is recommended that the Coastal Management Program be exhibited for a minimum of 28 days in accordance with the NSW Coastal Management Manual (Part A).

Further, additional information including an recorded online presentation by Council consultants ‘Hydrosphere’ will be available on the project website during the exhibition period and feedback and questions will received via an online feedback form.

This is in addition to the standard forms of exhibition:

- Documents will be available at Councils offices - Documents will be available at Council Library - Documents will be available on line on Councils website or link to dedicated webpage previously noted - Submissions may be via direct email or mail attention to the General Manager

At the completion of exhibition the comments will be reviewed by Council’s consultants Hydrosphere and the results of the exhibition will be reported to the Nambucca Rivers, Creeks Estuaries and Coastline Management Committee prior to reporting Council.

AGENCY CONSULTATION:

CO25032021SR_1.DOCX Page 46 of 104 Ordinary Council Meeting 25 March 2021

ITEM 9.5 DRAFT COASTAL MANAGEMENT PROGRAM

During the consultation period Council will forward the draft documents to other relevant agencies for comment. These agencies have previously been provided an opportunity to comment on the program as part of the Scoping Study Phase.

It is important to note that agencies identified as being responsible for particular actions in our Draft Program are required to agree to those actions prior to the Minister certifying the CMP.

A requirement of the program is to prepare ‘Coastal Zone Emergency Action Subplan’ this has been drafted and will be forwarded to the Local Emergency Management Committee for formal comment prior to reporting back to Council after exhibition.

SUSTAINABILITY ASSESSMENT:

Environment

The preparation of the plan will gives consideration to the environment.

Social

The preparation of the plan will gives consideration to the community.

Economic

The preparation of the plan will gives consideration to relevant economic matters. Risk

As the document is only a draft document for exhibition there is limited risk and changes further changes may be made by Council post exhibition.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The project funding has been provided through the Coastal and Estuaries program (DPIE) and Councils Environmental Levy.

It is intended that the Coastal Management Program will form part of Council operational plans in future years.

Working funds – justification for urgency and cumulative impact n/a

Service level changes and resourcing/staff implications n/a

ATTACHMENTS: 1 57467/2020 - Draft Coastal Zone Emergency Action Subplan 2 14435/2021 - Nambucca Coastal Management Program Draft for Council

CO25032021SR_1.DOCX Page 47 of 104 Ordinary Council Meeting 25 March 2021

GENERAL MANAGER'S REPORT

ITEM 9.6 SF3000 250321 UNDETERMINED DEVELOPMENT APPLICATIONS EITHER GREATER THAN 12 MONTHS OR WHERE SUBMISSIONS RECEIVED TO 17 MARCH 2021

AUTHOR/ENQUIRIES: Lisa Hall, Technical Officer - Development and Environment

Summary: This report contains information in relation to Development Applications which have been undetermined for over 12 months and undetermined Development Applications which have received submissions.

In accordance with Minute 848/08 from Council’s meeting of 18 December 2008, should any Councillor wish to “call in” an application a motion is required specifying the reasons why it is to be “called in”. If an application is not called in and staff consider the matters raised by the submissions have been adequately addressed then the application will be processed under delegated authority. Where refusal is recommended the application may be reported to Council for determination.

RECOMMENDATION: That the information on undetermined Development Applications either greater than 12 months or where submissions have been received to 17 March 2021 be noted by Council.

TABLE 1: UNDETERMINED DEVELOPMENT APPLICATIONS IN EXCESS OF 12 MONTHS OLD

There are no Development Applications in excess of 12 months old.

TABLE 2: UNDETERMINED DEVELOPMENT APPLICATIONS WHERE SUBMISSIONS HAVE BEEN RECEIVED DA NUMBER DATE OF RECEIPT PROPOSAL ADDRESS 2020/085 28 April 2020 Underground Weir Lot 264 DP 755549, 132 Morans Road, Missabotti Five submissions have been received STATUS: Being assessed. DPIE has requested additional information from the applicant. Applicant has until 11 April 2021 to provide information. DA NUMBER DATE OF RECEIPT PROPOSAL ADDRESS 2020/333 24 December 2020 2 Lot Subdivision Lot 72 DP 790195, 19 Hillview Drive, Congarinni North Two submissions have been received. STATUS: Being assessed. Referred to Essential Energy who have responded with safety concerns. EE have requested a detailed site plan including information regarding the onsite sewage management system. Council requests that the proposed access be designed, constructed and dedicated as a public road and that the resulting undersized lot have a Clause 4.6 variation lodged. DA NUMBER DATE OF RECEIPT PROPOSAL ADDRESS 2020/322 16 December 2020 89 two storey Lot 12 DP 826934, 4 Rutland townhouses, 1 dwelling Street, Nambucca Heads & 3 lot subdivision Six submissions have been received. STATUS: Being assessed. Referred to RFS, Essential Energy & Nambucca Heads LALC. Response received from Essential Energy, who have no concerns. Biodiversity Development Assessment Report (BDAR) has been received from the applicant. DA NUMBER DATE OF RECEIPT PROPOSAL ADDRESS 2021/013 14 January 2021 Placement of rock and Lot 32 DP 1049360, 206 Florence Lomandra to existing Wilmont Drive, Nambucca Heads water causeway to decrease water pooling One submission has been received

CO25032021SR_12.DOCX Page 48 of 104 Ordinary Council Meeting 25 March 2021

ITEM 9.6 UNDETERMINED DEVELOPMENT APPLICATIONS EITHER GREATER THAN 12 MONTHS OR WHERE SUBMISSIONS RECEIVED TO 17 MARCH 2021

STATUS: Being assessed. Application has been referred to NRAR as Controlled Activity Approval is required under the Water Management Act. DA NUMBER DATE OF RECEIPT PROPOSAL ADDRESS 2021/034 10 February 2021 Shipping Container to Lot 7 Sec C DP 17707, 5 Matthew be used as Store Room Street, Scotts Head One submission has been received STATUS: Being assessed DA NUMBER DATE OF RECEIPT PROPOSAL ADDRESS 2021/056 23 February 2021 Seniors Housing (276 Lots 155 & 188 DP 755537, 24 Self-contained Coronation Road, Congarinni dwellings, 75 bed care North facility, and recreation facilities) One submission has been received STATUS: Being assessed. To be determined by the Northern JRPP. Referred to RFS and Essential Energy and Nambucca LALC. Advertised in newspaper and to adjoining owners. DA NUMBER DATE OF RECEIPT PROPOSAL ADDRESS 2021/069 1 March 2021 Dwelling Lot 4 DP 1253328, 8 Yamaan Road, Hyland Park One submission has been received. STATUS: Being assessed. Amended plans received. DA NUMBER DATE OF RECEIPT PROPOSAL ADDRESS 2021/074 3 March 2021 Dwelling and Carport Lot 109 DP 245010, 25 South Pacific Drive, Scotts Head One submission has been received STATUS: Being assessed. Referred to Essential Energy due to proximity to power lines. DA NUMBER DATE OF RECEIPT PROPOSAL ADDRESS 2021/058 3 March 2021 Change of Use – Shed Lot 12 Sec C DP 17707, 6 Waratah to Secondary Dwelling Street, Scotts Head One submission has been received STATUS: Being assessed. Notification period has now closed. ATTACHMENTS: There are no attachments for this report.

CO25032021SR_12.DOCX Page 49 of 104 Ordinary Council Meeting 25 March 2021

GENERAL MANAGER'S REPORT

ITEM 9.7 SF1148 250321 COUNCIL RANGERS' REPORTS AND PENALTIES ISSUED FOR JANUARY AND FEBRUARY 2021

AUTHOR/ENQUIRIES: Rochelle McMurray, Business Services Officer

SUMMARY: The following is the Council’s Rangers’ reports and listing of penalty notices issued for the two (2) months of January and February 2021 by Council Officers.

RECOMMENDATION:

1 The Rangers’ Impounding Statistics for the two months of January and February 2021 be received and noted by Council.

2 The penalties issued for the (2) months of January and February 2021 be noted.

JANUARY 2021 Cats Dogs COUNCIL’S SEIZURE ACTIVITY Seized (doesn’t include those animals dumped or 0 0 surrendered) Returned to Owner 0 0 Transferred to - Council's Facility from Seizure Activities 0 1 ANIMALS IN AND ARRIVING AT COUNCIL'S

FACILITY Animals In Council's Facility - (Start of Month) 0 3 Abandoned or Stray 4 7 Surrendered 0 1 Animals transferred from Seizure Activities 0 0 Total Incoming Animals 4 8 ANIMALS LEAVING COUNCIL'S FACILITY Released to Owners 0 3 Sold 0 0 Released to Organisations for Rehoming 2 4 Died at Council's Facility(other than euthanased) 0 0 Stolen from Council's Facility 0 0 Escaped from Council's Facility 0 0 Other 0 0 EUTHANASED Restricted Dogs 0 0 Dangerous Dogs 0 0 Owner’s Request 0 0 Due to Illness, Disease or Injury 0 0 Feral/infant animal 0 0 Unsuitable for rehoming 0 0 Unable to be rehomed 0 0 Total Euthanased 0 0 Total Outgoing Animals 2 7 TOTAL IN COUNCIL'S FACILITY - (END OF MONTH) 2 4

Cattle Breakdown Total Seized 0 0 Returned to Owner 0 0 Impounded 0 0 Total Seized 0 0

CO25032021SR_6 Page 50 of 104 Ordinary Council Meeting 25 March 2021

ITEM 9.7 COUNCIL RANGERS' REPORTS AND PENALTIES ISSUED FOR JANUARY AND FEBRUARY 2021

FEBRUARY 2021 Cats Dogs COUNCIL’S SEIZURE ACTIVITY Seized (doesn’t include those animals dumped or 0 0 surrendered) Returned to Owner 0 0 Transferred to - Council's Facility from Seizure Activities 0 1 ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY Animals In Council's Facility - (Start of Month) 2 3 Abandoned or Stray 18 3 Surrendered 2 4 Animals transferred from Seizure Activities 0 0 Total Incoming Animals 20 7 ANIMALS LEAVING COUNCIL'S FACILITY Released to Owners 0 1 Sold 0 1 Released to Organisations for Rehoming 14 6 Died at Council's Facility(other than euthanased) 0 0 Stolen from Council's Facility 0 0 Escaped from Council's Facility 0 0 Other 0 0 EUTHANASED Restricted Dogs 0 0 Dangerous Dogs 0 0 Owner’s Request 0 0 Due to Illness, Disease or Injury 0 0 Feral/infant animal 0 0 Unsuitable for rehoming 0 0 Unable to be rehomed 0 0 Total Euthanased 0 0 Total Outgoing Animals 14 8 TOTAL IN COUNCIL'S FACILITY - (END OF MONTH) 8 3

Cattle Breakdown Total Seized 0 0 Returned to Owner 0 0 Impounded 0 0 Total Seized 0 0

CO25032021SR_6 Page 51 of 104 Ordinary Council Meeting 25 March 2021

ITEM 9.7 COUNCIL RANGERS' REPORTS AND PENALTIES ISSUED FOR JANUARY AND FEBRUARY 2021

PENALTIES ISSUED BY COUNCIL’S RANGER AND COUNCIL OFFICERS – JANUARY 2021 (All now issued electronically) JANUARY PARKING 2021 OFFENCE PN NUMBER OFFENCE DATE ISSUED PENALTY $ CODE. TOTAL: * No Parking infringements loaded in this period JANUARY COMPANION ANIMALS 2021 ISSUED BY: PN NUMBER INFRINGEMENT DETAILS DATE PENALTY $ ISSUED Ranger 3168975536 Code: 81540 Fail to prevent dog from 27-Jan-21 220.00 escaping - not dangerous/menacing/restricted dog Ranger 3168985748 Code: 81540 Fail to prevent dog from 27-Jan-21 220.00 escaping - not dangerous/menacing/restricted dog TOTAL: 440.00 JANUARY OTHER 2021 Issued By: PN NUMBER INFRINGEMENT DETAILS DATE PENALTY $ ISSUED TOTAL: * No infringements loaded in this period

CO25032021SR_6 Page 52 of 104 Ordinary Council Meeting 25 March 2021

ITEM 9.7 COUNCIL RANGERS' REPORTS AND PENALTIES ISSUED FOR JANUARY AND FEBRUARY 2021

PENALTIES ISSUED BY COUNCIL’S RANGER AND COUNCIL OFFICERS – FEBRUARY 2021 (All now issued electronically) FEBRUARY PARKING 2021 OFFENCE PN NUMBER OFFENCE DATE ISSUED PENALTY $ CODE. 83595 3168985638 Disobey no stopping sign 15-Feb-21 $272.00 TOTAL: 272.00 FEBRUARY COMPANION ANIMALS 2021 ISSUED BY: PN INFRINGEMENT DETAILS DATE PENALTY NUMBER ISSUED $ Code: 81540 Fail to prevent dog from escaping Ranger 3168985683 30-Jan-21 $220.00 - not dangerous/menacing/restricted dog TOTAL: 220.00

FEBRUARY OTHER 2021 Issued By: PN INFRINGEMENT DETAILS DATE PENALTY NUMBER ISSUED $ Manager / 3168985766 *Code: 91918 - Carry out specified 27-Feb-21 *$3,000.00 Compliance development prohibited on land - any Officer other case - Individual Ranger / 3168985775 Code: 13830 - Fail to comply with order 27-Feb-21 $330.00 Compliance number 21 (safety/health of Officer land/premises) TOTAL: 3330.00 *This PIN was issued for the use of the former Kennwal Ford site as a car wrecking yard and residential accommodation. Both uses are prohibited on the land under the NLEP 2010. The owner has been given a number of warnings and considerable amount of time to comply with Councils orders, yet has failed to comply.

ATTACHMENTS: There are no attachments for this report.

CO25032021SR_6 Page 53 of 104 Ordinary Council Meeting 25 March 2021

ASSISTANT GENERAL MANAGER CORPORATE SERVICES REPORT

ITEM 10.1 SF2915 250321 CONSULTATION ON CHANGES TO THE MODEL CODE OF MEETING PRACTICE

AUTHOR/ENQUIRIES: Robert Hunt, Assistant General Manager Corporate Services

SUMMARY:

The Office Local Government (OLG) has issued a consultation paper seeking submissions from councils regarding remote attendance by councillors at council meetings. However it is only proposed to permit individual councillors under certain circumstances to attend by remote audio-visual link, not all councillors.

The proposed new provisions will not be mandatory, and councils will be able to choose whether to include them in their adopted codes of meeting practice.

The consultation paper is attached along with the relevant circular. Submissions close on 3 May 2021.

While OLG is consulting on the proposed amendments to the Model Code of Meeting Practice, amendments will be made to the Local Government (General) Regulation 2005 (the Regulation) to allow councils to permit individual (but not all) councillors to attend meetings by audio-visual link. The amendments will be temporary and will expire on 31 December 2021.

RECOMMENDATION:

That Council make a submission to the Office of Local Government supporting the proposed new provisions to the Model Code of Meeting Practice.

OPTIONS:

Council can opt not to support any or all of the proposed amendments and make other suggested changes.

DISCUSSION:

Under the proposed new provisions, councils will only be able to give approval for individual councillors to attend a meeting remotely by audio-visual link where the councillor is prevented from attending the meeting because of ill health, disability, carer responsibilities, natural disaster or, on a limited number of occasions in each year, because they are absent from the local area due to a prior work commitment. Approval by the council or committee will be required for councillors to attend remotely which will be limited to a maximum three occasions each year. Five days advance notice must also be given to the General Manager.

Where attending a meeting by audio-visual link, councillors will be required to do so from a location within NSW or within 100km of the NSW border. Councillors must also abide by the normal meeting rules and standards with audio-visual links being temporarily terminated if they declare a conflict of interest or misbehave.

The NSW Government recognises that remote attendance by councillors at meetings by audio-visual link may not be supported by all councils or may pose logistical and technological challenges for some councils, especially those in remote areas. For this reason, the proposed new provisions will not be mandatory, and councils can choose whether to include them in their adopted codes of meeting practice.

CONSULTATION:

Nil at this stage

CO25032021SR_7 Page 54 of 104 Ordinary Council Meeting 25 March 2021

ITEM 10.1 CONSULTATION ON CHANGES TO THE MODEL CODE OF MEETING PRACTICE

SUSTAINABILITY ASSESSMENT:

Environment Nil impacts

Social Nil impacts

Economic Nil impacts

Risk Minimal risk as only a discussion paper. Adoption of the proposed amendments will reduce the risk of not having a quorum at Council meetings.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets None anticipated.

Working funds – justification for urgency and cumulative impact None anticipated.

Service level changes and resourcing/staff implications None anticipated.

ATTACHMENTS: 1 12158/2021 - OLG Circular 2 12177/2021 - OLG Consultation Paper

CO25032021SR_7 Page 55 of 104 Ordinary Council Meeting 25 March 2021

CORPORATE SERVICES

ITEM 10.2 SF1415 250321 MINUTES OF THE AUDIT, RISK AND IMPROVEMENT COMMITTEE

AUTHOR/ENQUIRIES: Robert Hunt, Assistant General Manager Corporate Services

SUMMARY:

The Minutes of the Audit, Risk and Improvement Committee (ARIC) Meeting held 10 March 2021 are attached for Council’s endorsement.

RECOMMENDATION:

That Council receive and note the Minutes of the Audit, Risk and Improvement Committee Meeting held 10 March 2021.

OPTIONS:

For noting only.

DISCUSSION:

The Committee noted the update on the Performance Audit on Credit Card Management, the Audit Office of NSW Report on Procurement Management in Local Government, the Annual Audit Engagement Plan, the Central Coast Council financial issues, the procurement process for road base and the progress updates on findings from both the Internal and External Audits.

CONSULTATION:

ARIC members

SUSTAINABILITY ASSESSMENT:

Environment

Not applicable

Social

Not applicable

Economic

Not applicable

Risk

Implementation of the internal and external audit recommendations will substantially reduce Council’s risk profile.

FINANCIAL IMPLICATIONS: Direct and indirect impact on current and future budgets

The cost of ARIC independent members has been budgeted for as has the internal and external audits.

CO25032021SR_11 Page 56 of 104 Ordinary Council Meeting 25 March 2021

ITEM 10.2 MINUTES OF THE AUDIT, RISK AND IMPROVEMENT COMMITTEE

Working funds – justification for urgency and cumulative impact

Nil impact proposed on Working Funds.

Service level changes and resourcing/staff implications

No change from current levels.

ATTACHMENTS: 1 12633/2021 - Minutes ARIC 10 March 2021

CO25032021SR_11 Page 57 of 104 Ordinary Council Meeting 25 March 2021

CORPORATE SERVICES

ITEM 10.3 SF304 250321 BOWRAVILLE SPORTS GROUND COMMITTEE OF MANAGEMENT NOMINATIONS

AUTHOR/ENQUIRIES: Robert Hunt, Assistant General Manager Corporate Services

SUMMARY:

Council has received a further six nominations from the community for membership on the Bowraville Sports Ground S355 Management Committee. These are attached for Council’s consideration. It is recommended they be endorsed and provided with the Terms of Reference, Code of Conduct for Delegates, S355 Committee Guidelines and Volunteer Safety Handbook.

RECOMMENDATION:

THAT:

1 Council accept the nominations from Patricia Walker, Max Duncan, Glenn Gillon, Timothy Gardner, Sharon Atkins and Joanne Simon for the Bowraville Sports Ground Management Committee.

2 The successful nominees be provided with a copy of the Terms of Reference, Code of Conduct for Delegates, S355 Committee Guidelines and Volunteer Safety Handbook.

OPTIONS:

Not accept all or any of the nominations.

DISCUSSION:

The new committee members have all provided contact details and are dedicated to the ongoing operation and improvements to the Sports Ground.

CONSULTATION: Mary Del Santo.

SUSTAINABILITY ASSESSMENT:

Environment Not applicable

Social The Sports Ground is a well utilised facility for the local residents.

Economic Not applicable

Risk There is minimal risk in accepting these nominations.

CO25032021SR_17 Page 58 of 104 Ordinary Council Meeting 25 March 2021

ITEM 10.3 BOWRAVILLE SPORTS GROUND COMMITTEE OF MANAGEMENT NOMINATIONS

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets Nil impact.

Working funds – justification for urgency and cumulative impact Nil impact.

Service level changes and resourcing/staff implications Nil impacts.

ATTACHMENTS: 1 13631/2021 - Nomination Patricia Walker 2 13632/2021 - Nomination Max Duncan 3 13634/2021 - Nomination Glenn Gillon 4 13635/2021 - Nomination Timothy Gardner 5 13636/2021 - Nomination Sharon Atkins 6 13638/2021 - Nomination Joanne Simon

CO25032021SR_17 Page 59 of 104 Ordinary Council Meeting 25 March 2021

ASSISTANT GENERAL MANAGER CORPORATE SERVICES REPORT

ITEM 10.4 SF2939 250321 INVESTMENT REPORT TO 28 FEBRUARY 2021

AUTHOR/ENQUIRIES: Faye Hawthorne, Financial Accountant

SUMMARY:

The anticipated return on investments from 1 July 2020 to 30 June 2021 is:

 $973,576 (If the market turns around and TCorp returns an estimated 5% interest for remaining four months of financial year), an optimistic forecast.  $923,450 (If 2% interest for TCorp for the remaining four months i.e. a modest forecast).  $901,968 (If market volatility continues for the remaining four months and TCorp returns an estimated negative 5%), a conservative forecast.

The original budget allocation for the financial year “2020/21” was $710,300, and increased to $859,800 at the December 2020 Quarterly Budget Review.

Council currently has $42.032 Million invested:

 $ 2.465 Million with On Call Accounts  $ 30.937 Million on Term Deposits  $ 2.148 Million with TCorp  $ 6.482 Million with Floating Rate Notes

This report details all the investments placed during February and Council funds invested as at 28 February 2021.

The following investment report has been drawn up in accordance with the Local Government Act 1993 (as amended), the Regulations and Council’s – Investment Policy and Strategy.

RECOMMENDATION:

That the Financial Accountant’s Report on Investments placed to 28 February 2021 be received and noted.

OPTIONS:

This report is for information only.

DISCUSSION:

This report details all investments placed during February 2021 and Council funds invested as at 28 February 2021.

During February, Council placed new investments as below:

Date Amount Period (Days) Institution Accepted With Rate

04.02.2021 $1,000,000.00 1,601 Industrial & Commercial Bank of China 0.95% 23.02.2021 $1,000,000.00 1,828 Industrial & Commercial Bank of China 1.45%

Council redeemed the following investments in February 2021:

Period Institution Amount Rate Interest (Days) Westpac $ 500,000.00 1100 3.10% $46,712.33

CO25032021SR_18.DOCX Page 60 of 104 Ordinary Council Meeting 25 March 2021

ITEM 10.4 INVESTMENT REPORT TO 28 FEBRUARY 2021

Investments held

Date Period Maturity Interest for Interest Due Institution Amount Interest Invested (Days) Date month at maturity AMP BBB $1,100,000.00 24/06/20 1097 26/06/23 1,181.37 1.40% $ 46,284.38 AMP BBB $1,029,338.36 09/07/20 732 11/07/22 789.63 1.00% $ 20,643.17 AMP BBB $1,000,000.00 14/03/19 728 11/03/21 2,109.59 2.75% $ 54,849.32 AMP-31-Day Notice account BBB $739,873.60 31/01/21 28 28/02/21 454.06 0.80% $ 454.06 Auswide Bank BBB $1,000,000.00 04/07/19 735 08/07/21 1,572.60 2.05% $ 41,280.82 Australian Military Bank BBB+ $500,000.00 05/11/19 736 10/11/21 671.23 1.75% $ 17,643.84 Bank of Qld BBB+ $1,500,000.00 20/06/19 1096 20/06/22 2,473.97 2.15% $ 96,838.36 Bank of Qld BBB+ $1,000,000.00 16/07/19 1108 28/07/22 1,572.60 2.05% $ 62,230.14 Bank of Qld BBB+ $1,000,000.00 27/08/19 1093 24/08/22 1,419.18 1.85% $ 55,398.63 BCCU - (rollover)- Merge with P&N BBB $1,000,000.00 18/07/19 1096 18/07/22 1,764.38 2.30% $ 69,063.01 BCCU - (rollover)- Merge with P&N BBB $743,303.81 25/05/19 1097 26/05/22 1,625.09 2.85% $ 63,668.55 Judo Bank Unrated $1,000,000.00 15/01/20 729 13/01/22 1,610.96 2.10% $ 41,942.47 Judo Bank Unrated $1,000,000.00 05/03/20 769 13/04/22 1,572.60 2.05% $ 43,190.41 Industrial & Commercial Bank of China A $1,500,000.00 03/09/20 1826 03/09/25 1,633.97 1.42% $ 106,558.36 Industrial & Commercial Bank of China A $1,000,000.00 24/09/20 1826 24/09/25 920.55 1.20% $ 60,032.88 Industrial & Commercial Bank of China A $1,000,000.00 25/11/20 1826 25/11/25 882.19 1.15% $ 57,531.51 Industrial & Commercial Bank of China A $1,000,000.00 18/12/20 1462 19/12/24 767.12 1.00% $ 40,054.79 Industrial & Commercial Bank of China A $1,000,000.00 04/02/21 1601 24/06/25 650.68 0.95% $ 41,669.86 Industrial & Commercial Bank of China A $1,000,000.00 23/02/21 1828 25/02/26 238.36 1.45% $ 72,619.18 ING Bank (Aust) Ltd A $1,000,000.00 13/02/20 756 10/03/22 1,227.40 1.60% $ 33,139.73 ING Bank (Aust) Ltd A $1,000,000.00 17/12/19 729 15/12/21 1,189.04 1.55% $ 30,957.53 ING Bank (Aust) Ltd A $1,000,000.00 06/02/20 735 10/02/22 1,265.75 1.65% $ 33,226.03 ING Bank (Aust) Ltd A $500,000.00 27/03/20 384 15/04/21 632.88 1.65% $ 8,679.45 Macquarie Bank A+ $1,000,000.00 28/04/20 372 05/05/21 1,104.66 1.44% $ 14,676.16 Macquarie Bank A+ $1,000,000.00 13/01/21 365 13/01/22 575.34 0.75% $ 7,500.00 NAB AA- $1,052,203.22 08/11/18 1092 04/11/21 2,461.87 3.05% $ 96,012.82 NAB AA- $1,000,000.00 16/12/20 1461 16/12/24 636.71 0.83% $ 33,222.74 Newcastle Permanent Bldg Society BBB $500,000.00 14/02/19 1096 14/02/22 1,169.86 3.05% $ 45,791.78 WAW Credit Union Unrated $512,017.42 20/06/19 732 21/06/21 942.67 2.40% $ 24,644.17 Warwick Credit Union Unrated $1,500,000.00 05/03/20 734 09/03/22 2,013.70 1.75% $ 52,787.67 Westpac Institutional Bank AA- $1,000,000.00 19/09/19 732 20/09/21 1,242.74 1.62% $ 32,488.77 Westpac Institutional Bank AA- $500,000.00 10/02/20 1123 09/03/23 372.05 0.97% $ 14,922.05 Westpac Institutional Bank AA- $1,000,000.00 23/10/19 1099 26/10/22 1,227.40 1.60% $ 48,175.34 ANZ (On Call) AA- $1,724,725.91 31/01/21 28 28/02/21 73.24 0.55% $ 727.69 NSW Treasury Corp Unrated $2,148,261.28 31/01/21 28 28/02/21 3,596.74 $ - AMP Bank Limited - Issuer - FRN BBB $1,001,424.00 01/04/19 893 10/09/21 845.04 1.10% $ 26,950.65 Members Equity Bank -FRN BBB $655,543.20 18/07/19 1096 18/07/22 497.85 0.99% $ 19,487.41 NAB -FRN AA- $1,019,637.00 19/06/19 1827 19/06/24 727.43 0.93% $ 47,465.08 Newcastle Permanent Building Society -FRN BBB $761,723.25 06/02/18 1826 06/02/23 823.91 1.41% $ 53,730.91 Citibank -Issuer -FRN A+ $507,101.00 14/11/19 1827 14/11/24 346.22 0.89% $ 22,590.72 Macquarie Bank -Issuer- FRN A+ $1,014,406.00 12/02/20 1827 12/02/25 661.45 0.85% $ 43,159.50 Bank of Queensland -Issuer- Covered FRN AAA $511,810.00 14/05/20 1826 14/05/25 424.03 1.08% $ 27,652.88 Credit Suisse AG-Issuer- FRN A+ $508,660.50 26/05/20 1095 26/05/23 460.44 1.18% $ 18,006.58 Bank of China(Aust) - Issuer- FRN A $502,048.00 18/08/20 1095 18/08/23 311.96 0.81% $ 12,199.77 TOTAL $42,032,076.55 $ 48,740.51 $1,740,149.17

1 Performance

CO25032021SR_18.DOCX Page 61 of 104 Ordinary Council Meeting 25 March 2021

ITEM 10.4 INVESTMENT REPORT TO 28 FEBRUARY 2021

Imperium Markets made the following comments with regards to Council’s Term Deposit portfolio performance – Nambucca Monthly Report – February 2021 – Page 7-8: “The total investment portfolio performed solidly in February, returning +0.14% (actual), outperforming the benchmark AusBond Bank Bill Index return of +0.00% (actual). The portfolio’s longer-term strong performance continues to be anchored by the deposit portfolio, particularly the handful of deposits still yielding above 2% p.a. However, the majority of these individual deposits are fast maturing and will inevitably be reinvested at lower prevailing rates.

The T-Corp IM Growth Fund edged out another positive month, returning +0.17% (net actual), as domestic shares continued their rally. Despite the volatility in the Fund over the past year, the Growth Fund remains Council’s best performing asset over longer term time periods e.g. 3 years at +6.81% p.a.

Over the past 12 months, the total portfolio (excluding cash) returned +2.06% p.a., outperforming bank bills by 1.85% p.a. Performance over the past 2-3 years has, at times, been subject to the volatility experienced by the managed funds of Macquarie (now redeemed) and TCorp.

We are pleased to see that Nambucca Valley Council remains amongst the top performing Councils in the state of NSW where deposits are concerned, earning on average, more than $110,000 in additional interest income compared to its peers (as per our November 2020 rankings). We have been pro-active in our advice about protecting interest income and addressing reinvestment risk for many years and encouraged to maintain a long duration position. This is now reflected by the high performance of the investment portfolio. Of the 32 individual deposits Council held, 11 are still yielding higher than 2.00% p.a. That is, around 34% of outstanding deposits held is earning more than twenty times the prevailing cash rate of 0.10%. This will anchor future returns and will help mitigate the rapid fall in interest income from deposits after the RBA cut rates to record lows.” Quotes from Imperium Markets on COVID-19 – Page 2-Nambucca Monthly Report – February 2021: “COVID-19 has adversely impacted financial markets, which in turn, has also affected Council’s investment portfolio.

The RBA cut rates to record lows on 3rd November 2020 to 0.10%. Equities have since, largely rallied with the accelerated rollouts of multiple vaccines and additional fiscal stimulus measures. Longer-term bond yields also rose significantly in February on the prospects of higher inflation. As a result, longer-term fixed interest securities (3-5 years) such as bonds and term deposits also rose during February.

The biggest impact to Council’s investment portfolio is with regards to its largest exposure being assets held in bank term deposits (fixed and floating), which accounts for around ~ 73½% of the total portfolio. The biggest risk that Council faces over the medium-longer term in this environment is not the potential loss of capital (given all the banks are well capitalised and regulated by APRA), but the rapid loss of interest income as interest rates have plummeted.

Council’s term deposit portfolio was yielding an attractive 1.70% p.a. at month-end, with a weighted average duration of around 671 days or ~1.8 years. This average duration will provide some income protection for the next 1-2 years. As existing deposits mature however, they will inevitably be reinvested at much lower prevailing rates.

Given official rates have fallen to all-time lows, Council is likely to see a rapid decline in interest income over future financial years. Its budgeted income over the medium-longer term needs to be revised to reflect the low interest rate environment. Average returns between 0.40%-0.80% p.a. may potentially be the “norm” and potentially at the upper end of the range over the next few financial years.”

CO25032021SR_18.DOCX Page 62 of 104 Ordinary Council Meeting 25 March 2021

ITEM 10.4 INVESTMENT REPORT TO 28 FEBRUARY 2021

3 Floating Rate TD/Notes (Monthly Index)

Floating Rate T/D/Notes (Monthly Index) AusBond Bank Bill Index - February 2021 - 0.21%

4.00% 3.75% 3.50% 3.25% 3.00% 2.75% 2.50% 2.25% 2.00% 1.75% 1.50% 1.25%

Interest Rates Interest 1.00% 0.75% 0.50% 0.25% 0.00%

CO25032021SR_18.DOCX Page 63 of 104 Ordinary Council Meeting 25 March 2021

ITEM 10.4 INVESTMENT REPORT TO 28 FEBRUARY 2021

4 Term Deposits – (Yearly Index)

Term Deposits - (Yearly Index) AusBond Bank Bill Index - February 2021 - 0.21%

4.00% 3.75% 3.50% 3.25% 3.00% 2.75% 2.50% 2.25% 2.00% 1.75% 1.50% 1.25% 1.00% 0.75%

Interest Rates Interest 0.50% 0.25% 0.00%

5 Monthly Investments Revenue

CO25032021SR_18.DOCX Page 64 of 104 Ordinary Council Meeting 25 March 2021

ITEM 10.4 INVESTMENT REPORT TO 28 FEBRUARY 2021

CONSULTATION:

Imperium Markets

SUSTAINABILITY ASSESSMENT:

Environment

There are no environmental implications.

Social

There are no social implications.

Economic

There are no economic implications.

Risk

The biggest risk/detriment that the investment portfolio may experience in relation to its term deposit holdings is not credit risk, but has been and will continue to be reinvestment/rollover risk going forward i.e. the risk that reinvested term deposits will be at lower interest rates than the initial investment. This risk may be offset by improved performance of other asset classes held within the investment portfolio but Council may not see this until after the COVID-19 economic and financial impacts end (such as RBA cutting interest rates again in November, 2020).

Quote from Imperium Markets after RBA cut rates – Nambucca Monthly Report, February 2021, Page 18:

“The RBA’s focus is now to reduce the unemployment rate, commenting that it was a “national priority” to achieve their inflation target range. For inflation to lift sustainably, it will require wages growth to lift substantially and Governor Lowe previously indicated that the unemployment rate may need to fall to 4- point something percent to achieve this objective.

Worryingly on the inflation outlook, the RBA notes that around 25% of recently surveyed firms intend to implement wage freezes in 2021, while 30% already have wage freezes in place. The wage price index (WPI) rose +0.6% in Q4, taking the annual rate to +1.4%, which is well below the 3%+ rate that the RBA states is needed to have inflation sustainably within 2-3% target band.

Domestically, the RBA’s latest forward guidance suggests they do not expect to increase the official cash rate “until 2024 at the earliest” given that “wages growth will have to be materially higher than it is currently” to see actual inflation sustainably within their 2-3% target range. The RBA’s preferred core trimmed mean measure is forecast to be 1½% at the end of 2022.”

Although Council has a good average duration with term deposits (~1.8 years), yielding an attractive 1.70% p.a. at month-end, and providing some income protection for the next 1-2 years, returns between 0.40%- 0.80% p.a. may potentially be the “norm” and potentially at the upper end of the range over the next few financial years.

CO25032021SR_18.DOCX Page 65 of 104 Ordinary Council Meeting 25 March 2021

ITEM 10.4 INVESTMENT REPORT TO 28 FEBRUARY 2021

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The forecast on the return of investment portfolio ($859,800) may vary during the financial year, due to the high volatility associated with TCorp (a diversified growth fund), term deposit rates experiencing ‘lower-for- longer’ period of interest rates and the total amount of the investment portfolio. Adjustments, if required, will be made for budgeted interest and investment income at the March 2021 Quarterly Budget Review.

Service level changes and resourcing/staff implications

There are no changes or implications stemming from this report.

ATTACHMENTS: 1 11421/2021 - Nambucca Valley Council_Reporting Pack_Feb 2021 2 11424/2021 - Nambucca_Monthly Report_February 2021

CO25032021SR_18.DOCX Page 66 of 104 Ordinary Council Meeting 25 March 2021

ASSISTANT GENERAL MANAGER ENGINEERING SERVICES REPORT

ITEM 11.1 SF1676 250321 2020-21 ENGINEERING SERVICES CAPITAL EXPENDITURE PROGRAM MONTHLY REPORT AS AT 16 MARCH 2021

AUTHOR/ENQUIRIES: Paul Gallagher, Assistant General Manager - Engineering Services; Clint Fitzsummons, Manager Assets; Matthew Leibrandt, Manager Infrastructure Services; Richard Spain, Manager Water and Sewerage

SUMMARY: At the time of preparing this report the Engineering Services Capital Expenditure program budget has an overall Capital Works budget of $12,828,532. With proposed carry forwards and proposed budget variations the budget increased to $17,818,570. The expenditure at 16 March 2021 is $7,913,839 representing 44% of the total allocation. The 2020/21 Capital Expenditure Program report now includes three additional columns to acknowledge the carried forward of expenditure from 2019/20, approved budget variations and revised budget.

RECOMMENDATION:

THAT Council:

1 Receive and note the information pertaining to the progress of the 2020/2021 Capital Expenditure Program as at 16 March 2021.

2 Carry forward an amount of $265,600 from WO 3431 Macksville Administration Centre Air Conditioning, to the 2021/22 budget funded from the Council Building Reserve.

3 Allocate an amount of $14,865 of the 2020/2021 Roads to Recovery funding that is currently unallocated, to WO 3570 Graces Road, with the remaining over spend to be funded by savings in other Roads to recovery projects to be identified in a future Capital Expenditure Program Report.

4 Fund the $34,200 overspend on Valla Beach Road Rehabilitation (WO 1462) from WO 3606 Albert Drive (both Pacifico funded projects).

5 Fund the $150,900 overspend on Mann Street Intersections (WO 2372) by $40,000 from WO 2751 Stringer Street (postponing project to 2021/22 budget), $27,400 from WO 3605 Scotts Head Road, and $83,500 from WO 3569 Elliots Road Gravel Resheeting.

6 Approve a budget of $30,000 for the mobile shed for the compactor located at the Landfill WO 3434, to be funded from Other Waste Management Reserve.

7 Note the underspend of $31,300 on Florence Wilmott Drive WO to be offset by a reduction in budgeted grant income.

8 Fund a budget increase to Plant Number 5142 by $51,700, with the additional money to be sourced from savings on Plant 5140 ($3,800), Plant 5212 ($8,800), Plant 5208 ($11,000), Plant 5294 ($18,300) and Small Plant ($10,100).

OPTIONS:

No other options were considered with this report.

DISCUSSION:

A publicly available, rolling update of the progress of Engineering Services Capital Expenditure Program will be of assistance to the public, Council staff and Councillors in answering enquiries. It will also provide

CO25032021SR_14.DOCX Page 67 of 104 Ordinary Council Meeting 25 March 2021

ITEM 11.1 2020-21 ENGINEERING SERVICES CAPITAL EXPENDITURE PROGRAM MONTHLY REPORT AS AT 16 MARCH 2021

Council management with the opportunity to more proactively review the implementation of the program and potential risks.

March 2021 Recommended Variations:

Council’s working funds are not at a level that they can be used for offsetting unfunded works or over expenditures, and any works identified must be funded from within the existing program by offsets.

A report was provided to Council, dated the 1 February 2021, from FG Advisory regarding Nambucca Administration Centre Facility Upgrades. Among other works, this report specifies a new energy efficient WO 3431 Air Conditioning system. There is an ‘upgrade/replacement of the aging Administration Central HVAC system to an optimised combination and high efficiency Ducted and Cassette Split Air Conditioning units and VRF Heat Recovery units’.

The Department of Planning and Energy have provided funding for a comprehensive feasibility study on the energy efficient measures for the Administration building that includes lighting, windows, energy generation. Now that this report has been provided a Tender process can proceed. However, it is anticipated that the Administration Air Conditioning project (WO 3431) will not be completed until the 2021/2022 financial year.

It is recommended that $265,600 be taken out of this year’s budget and carried forward to the 2021/22 budget funded from the Council Building Reserve, leaving $10,000 for a detailed tender specification and tender advertising. As a result of the report from FG Advisory, it is also anticipated that additional funding will need to be provided in the 2021/22 budget.

WO 3570 Graces Road. It is recommended to add $14,865 of unallocated Roads to Recovery Funding to W3570 Graces Road which has been reported as such in the Roads to recovery Standard Expenditure Report for the quarter ended 31 December 2020. This is done by reporting through to the Department of Infrastructure, Transport, Regional Development and Communications, and does not require any Council funding.

WO 3461 Mitchells Road. This project has a savings of $59,400 in 2020/21. It is recommended that $34,200 be allocated to Valla Beach Rehabilitation (WO 1462). Valla Beach Rehabilitation had significant sub-grade issues that required removal and filling with suitable material.

WO 2372 Mann Street intersections. This project is partly funded by Roads to Recovery ($105,000). The overspend is due to the intersection’s and roundabout requiring a deep lift asphalt of 150mm and constructed during night works. The depth of asphalt and pavement is to cater for heavy vehicles and bus turning. Funding for the overspend is shown below:

 $40,000 from WO 2751 Stringer Street, postponing project to 2021/22;  $27,400 from WO 3605 Scotts Head Road (under Bridge). The Scope of works was included in WO 3558 Scotts Head Regional Road and completed within the budget of this project. Therefore funded by the TfNSW Block Grant and Supplementary programs; and  $83,500 from WO 3569 Elliots Road Gravel Resheeting (Reducing the scope, and postponing some works until 21/22). Plant Budget – Large Tipping Trailer was originally budgeted to be a 2 Axle Dog Trailer. On review it was determined that a 3 Axil Trailer with a larger capacity would provide increased productivity. The preferred quotation has a value of $93,700 requiring an additional $51,700. There have been savings throughout the Plant budget and it is proposed that these savings be put towards the purchase of the 3 Axil Dog Trailer. The savings in the Plant Budget are as below:  $3,500 P/No 5140 Tipper Truck  $8,800 P/No 5212 Drum Roller  $11,000 P/No 5208 Skid Steer Loaded  $18,300 P/No 5294 Wood Chipper  $10,100 Small Plant

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ITEM 11.1 2020-21 ENGINEERING SERVICES CAPITAL EXPENDITURE PROGRAM MONTHLY REPORT AS AT 16 MARCH 2021

Approved variations 2020/21:

August and September:

WO 3469 Fischers Bridge: over expenditure of $110,571.00. The Grants and Contributions Officer has submitted a request to the funding authority for an additional amount of funding of $55,285.00 for the project to replace Fischers Bridge from the Bridges Renewal Program – Round 4. This amount is 50% of the incurred over-expenditure on the project.

November 2020:

WO 3336 Tamban Road: Reallocate the funds of $50,000 from WO 3336 Tamban Road gravel resheeting project to fund the Gumbayngirr Road project (between South Arm Road and Dotti Close) and not draw on working funds.

WO 3336 Tamban Road; Reallocate the funds of $63,100 from WO 3336 Tamban Road gravel resheeting project to fund the works on WO 3135 Urban street heavy patching and not draw on working funds.

Grant funded projects:

Four projects under Bridges Renewal program:

Council has received advice that the signed Agreements have been approved (5 November) and Council were able to proceed with the bridges works program for:

Valla Road Bridge, Frank Partridge Bridge, Helliwells Bridge and Shorts Bridge

These four bridges have not commenced as they are now subject to a secondary funding source and the formal announcement of the Fixing Country Bridges Program. Council submitted 20 bridges to the $500m program to replace timber bridges.

Six projects under Fixing Local Roads (Transport for NSW):

The signed funding agreement for the works listed below has now been received and works programmed:

1 WO 3583 Upper Warrell Creek Road – seal to Industrial Estate Bridge (Gravel overlay, stabilise and spray seal) – FLR funding: $77,700.00; Project cost: $103,600.00 2 WO3584 Tilly Willy Street – upgrade for heavy vehicles (Gravel overlay, stabilise and spray seal) – FLR funding: $270,000.00; Project cost: $360,000.00 3 WO1426 Wellington Drive, Nambucca Heads - rehabilitation (Rehabilitation including stabilisation of existing pavement and new asphalt surface) – FLR funding: $157,500.00; Project cost: $210,000.00 4 WO3585 Old Coast Road – unsealed sections upgrade (Gravel overlay and spray seal) – FLR funding: $257,400.00; Project cost: $343,200.00 5 WO3586 Boultons Crossing Road – seal to Gumma Reserve (Gravel overlay and spray seal) – FLR funding: $316,800.00; Project cost: $422,400.00 6 WO3587 Creek Street, Nambucca Heads – completion of seal behind Nambucca Heads CBD (Gravel overlay and spray seal – FLR funding: $18,750.00; Project cost: $25,000.00

Nine projects under LRCI (Local Roads and Community Infrastructure) - COVID Recovery Infrastructure Investment Stimulus:

The signed funding agreement for the works listed below has now been received and works programmed.

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ITEM 11.1 2020-21 ENGINEERING SERVICES CAPITAL EXPENDITURE PROGRAM MONTHLY REPORT AS AT 16 MARCH 2021

1 $310,000 – Nambucca V-Wall precinct upgrades – Including V-Wall parking, small Wall upgrade, Wellington Drive footpath and foreshore upgrades 2 $30,000 - Nambucca CBD Banner poles 3 $100,000 – Macksville CBD revitalisation plan implementation – Wallace Lane pedestrian access and foreshore upgrades 4 $27,000 – Scotts Head – Footpath connection between the primary school and Adin Street via Gloucester Street 5 $53,000 - Skate area adjacent to Caravan Park 6 $46,500 – Valla Beach - provision of footpath along Valla Beach road southern side between Ocean View Drive and Thompson Street and up to the Playground 7 $21,500 - Minor Upgrade works to skate park/netball/basketball area 8 $30,865 – Bowraville – Hennessy Tape - climbing wall 9 $150,000 - Replacement of the public toilet - Library precinct

Works progress at 16 November 2020:

Work Order Description Status Number Buildings: Total budget for 2020/21: $623,600; Expenditure to date $355,830 representing a completion of 57% of the program

WO 3431 Administration Office; Air-condition (includes the Not commenced and now Carry Forward 2019/20 $125,600) recommended for deferral; The Department of Planning and Energy have provided funding for a comprehensive feasibility study on the energy efficient measures for the Administration building that includes lighting, windows, energy generation. Fire Control Server Room (External Audit WO 3562 Not commenced; Requirement) WO 1716 Fletcher Street amenities; refurbishment Commenced

WO 1045 Administration Office; Office Equipment/Furniture Commenced. Replacement of some old furniture

WO 1913 Works Depot Improvements (includes the Carry Works in progress; for the Forward 2019/20 $49,600) security upgrade with quotes being obtained. The Carry Forward is associated with the security cameras-electronic gates and swipe access cards.

WO 3528 Valla RFS - Add New Bay (subject to RFS funding) Commenced

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ITEM 11.1 2020-21 ENGINEERING SERVICES CAPITAL EXPENDITURE PROGRAM MONTHLY REPORT AS AT 16 MARCH 2021

Work Order Description Status Number WO 3529 Newee Creek RFS - Add New Bay (subject to RFS Commenced funded)

WO 3632 Talarm RFS – Toilet Facilities Not commenced; RFS funding announced on the 4 January 2021

Sports and Recreation: Total budget: $623,600; Expenditure to date $355,830 representing a completion of approx. 57% of the program.

WO 3271 Bowraville Connections - Amenities Upgrade, BBQ Works completed; grant area, Landscaping (Carry Forward 2019/20 acquitted $94,300) WO 3428 Macksville Park – Refurbishment of clubhouse Works in progress; Works (Carry Forward 2019/20 $350,300) have been delayed with the Committee wanting a change in scope of the works.

WO 3542 Bowraville Tennis Club conversion-stage 2 (grant Works in progress funded)

WO 3544 Buz Brazel – playground equipment & surround Works in progress; playground equipment and materials ordered

WO 3545 Brook Park – playground equipment & surround Not commenced

WO 3546 EJ Biffin – playground equipment & surround Works Completed

WO 3547 Hyland Park – playground equipment & surround Not commenced

WO 3548 Valla Nature Reserve – playground equipment & Not commenced surround

WO 3268 Scotts Head Tennis Club – drainage Not commenced; Awaiting design

Waste Depot: Total budget: $145,000; Expenditure to date $52,114 representing a completion of approx. 36% of the program.

WO 3433 Electrical upgrade (Carry Forward 2019/20 Works in progress $30,000)

WO 3434 Mobile shed for the compactor Works in progress; Design completed and quotes being sought.

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ITEM 11.1 2020-21 ENGINEERING SERVICES CAPITAL EXPENDITURE PROGRAM MONTHLY REPORT AS AT 16 MARCH 2021

Work Order Description Status Number WO 3556 Extension to machinery shed Works in progress; Design completed and quotes being sought.

Stormwater: Total budget:$103,100; Expenditure to date $37,112 representing a completion of approx. 36% of the program

WO 1569 Stormwater Drainage Capital Works in progress (West Street drain, Sturdee/Jellico Street)

Footpath; Cycleway and Board walks: Total cycleway budget:$2,185,694 with a 2020/21 budget of $1,685,100 Expenditure to date (including committed) is $1,390,112 representing a completion of approx. 82 % of the program WO 3262 Watt creek Cycleway (100% grant funded from Works in progress; Stages 1 & TfNSW and includes unexpended funds from 3 Complete. 2019/20)

WO 3560 Hyland Park foot bridge (50% granted funded) Works in progress; Being designed

WO 3561 Valla, Beilby and Nambucca Beach walk way Works in progress upgrades

Carparks: Total budget: $15,000; Expenditure to date $11,910 representing a completion of approx. 79% of the program.

WO 3552 V-Wall carpark Works in progress

Bridges and culverts: Total budget: $1,133,370; Expenditure to date $338,746 representing a completion of approx. 30% of the program. This program will not see the bridges commended until mid-March as works are on hold pending the application for round five of the Bridges Renewal program.

WO 3554 Helliwells Bridge Works in progress; Design completed and materials ordered

WO 3555 Shorts Bridge Works in progress; Design completed and materials are scheduled to be ordered.

WO 3553 Frank Partridge Bridge Works in progress; Design completed and materials are scheduled to be ordered.

CO25032021SR_14.DOCX Page 72 of 104 Ordinary Council Meeting 25 March 2021

ITEM 11.1 2020-21 ENGINEERING SERVICES CAPITAL EXPENDITURE PROGRAM MONTHLY REPORT AS AT 16 MARCH 2021

Work Order Description Status Number WO 3031 Valla Bridge Works in progress; Design completed and materials being ordered.

W3469 Fischers Bridge (carried forward) Works completed

Urban Streets Reseals: Total budget: $5,000; Expenditure to date $0.00 representing a completion of approx. 0 % of the program. (Note; other reseals are funded and included under the Roads to Recovery program)

WO 3303 Mann Street (high side of the cutting) Not commenced; Programmed with other sealing works in March.

Urban Street Rehabilitation: Total budget: $277,400; Expenditure to date $313,702 representing a completion of approx. 113% of the program

WO 2752 Mann Street Nambucca Heads (carry forwards Work completed; with the from 2019/20) exception of line marking and the sealing of driveways

WO 1462 Valla Beach Road, Valla Beach Work completed

Urban Streets Construction and Heavy Patching: Total budget: $195,200; Expenditure to date $170,689 representing a completion of approx. 87% of the program. (Expenditure subject to a variation to the budget as contained within this report)

WO 1445 Princess, Wallace and River Street – investigation Works in progress of services for design

WO 3637 Gumbayngirr Road (South Arm Rd to Dotti Cl) Not Commenced

WO 3135 Urban Heavy Patching Work completed; waiting on invoices.

Rural Road Reseal and heavy patching: Total budget: $42,800; Expenditure to date $27,794 representing a completion of approx. 65% of the program.

WO 1475 Valla Road Not commenced; Programmed with other sealing works between December to March)

WO 3349 Heavy Patching Work completed

Road Construction: Total budget: $430,500; Expenditure to date $335,900 representing a completion of approx. 78% of the program.

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ITEM 11.1 2020-21 ENGINEERING SERVICES CAPITAL EXPENDITURE PROGRAM MONTHLY REPORT AS AT 16 MARCH 2021

Work Order Description Status Number WO 3605 Scotts Head Road (under the bridge) Work completed; as part of the WO 3558.

WO 3606 Albert Drive Work completed

WO 3607 Old Coast Road Work completed

WO 1505 Newee Creek Road ( includes contribution from Work completed developer and property owner)

WO 3461 Mitchells Road (carry forward from 2019/20) Work completed

WO 3497 Florence Wilmott Drive (carry forward from Work completed 2019/20)

Roads to Recovery Program: Total budget: $821,765; Expenditure to date $788,709 representing a completion of approx. 96% of the program.

WO 3452 Yarrawonga Street Reseal - (90863) Kylie St to Work In progress; Carry Kylie Street plus carry-over from 2019/20 Forward from 2019/20 carry forward completed, 2020/21 works to be finalised

WO 3577 Cohalan Street Rehabilitation Not commenced

WO 2372 Mann Street - Intersections of Bent, Palmer, high Work completed Rd, and Roundabout

WO 2751 Stringer Street - (91325) Centenary Parade - Ch92 Proposed to be postponed to 2021/2022

WO 3570 Graces Road (North Arm Rd to Dyers Loop) Work completed

Fixing Country Roads program: Total budget: $1,464,200; Expenditure to date $560,569 representing a completion of approx. 38% of the program.

WO 3583 Upper Warrell Creek Road Commenced

WO 3584 Tilly Willy Street Works in progress; under design

WO 1426 Wellington Drive Rehabilitation Commenced

WO 3585 Old Coast Road Upgrade Work in progress; Construction started

WO 3586 Boulton’s Crossing upgrade Work completed

WO 3587 Creek Street Work completed

CO25032021SR_14.DOCX Page 74 of 104 Ordinary Council Meeting 25 March 2021

ITEM 11.1 2020-21 ENGINEERING SERVICES CAPITAL EXPENDITURE PROGRAM MONTHLY REPORT AS AT 16 MARCH 2021

Work Order Description Status Number Local Roads & Community Infrastructure Program (works due for completion 30 June 2021): Total budget: $778,900; Expenditure to date $230,165 representing a completion of approx. 30% of the program.

WO 3590 Footpath along Valla Beach Road between Ocean Commenced View Drive and Thompson St

WO 3588 Nambucca V-Wall Precinct Works in progress

WO 3592 Macksville CBD revitalisation plan Commenced

WO 3591 Public Toilet - Nambucca Heads Library Precinct Works in progress; Design completed by the architect for the library project

WO 3594 Skate Park - adjacent to Caravan Park Adin Street, Works in progress; design in Scotts Head progress

WO 3595 Minor upgrade works skate park/netball/basketball Commenced area, Valla Beach

Commenced; Quotations sought WO 3593 Nambucca Heads CBD Banner Poles and liaison on site with Chamber of commerce

WO 3596 Climbing Wall Hennessey Tape Works in progress; Design in progress

Regional Road: Total budget: $586,862; Expenditure to date $286,939 representing a completion of approx. 49% of the program.

WO 3408 Scotts Head Road reseal Not commenced; Programmed with other sealing works.

WO 3557 Scotts Head Heavy Patching Works commenced

WO 3558 Scotts Head Road (Quarry Access to construction Works completed joint (200m))

WO 3559 Wirrimbi Road (ironbark Road to Newee Creek Works completed; waiting on Road) invoices

Rural road gravel resheeting: Total budget: $296,700; Expenditure to date $153,514 representing a completion of approx. 52% of the program.

WO 3566 Broughams Road Work completed

WO 3567 Colemans Road Works in progress

CO25032021SR_14.DOCX Page 75 of 104 Ordinary Council Meeting 25 March 2021

ITEM 11.1 2020-21 ENGINEERING SERVICES CAPITAL EXPENDITURE PROGRAM MONTHLY REPORT AS AT 16 MARCH 2021

Work Order Description Status Number WO 3568 Coulters Road Not commenced

WO 3569 Elliots Road Not commenced

WO 3571 Hall Road Not commenced

WO 3573 Kennaicle Creek Road Work completed

WO 3575 Mallee Road Not commenced

Natural disaster funding; Flood event AGRN 898 and Fire event AGRN 871: Total budget for Event AGRN 898: $1,420,905; Expenditure to date $119,055 representing a completion of approx. 8% of the program.

Commenced; Design complete, WO 3611 Taylors Arm Road – Landslip tender underway

Commenced; Design complete, WO 3612 Road- River Bank protection tender underway

Commenced; Design complete, WO 3613 Rodeo Drive- River Bank protection tender underway

Commenced; Design complete, WO 3614 River Street- River Bank protection tender underway

Special projects: Total budget for: $6,343,055; Expenditure to date $2,557,868 representing a completion of approx. 40% of the program.

Seating and landscaping all-purpose courts at WO 3541 Anderson Park, Valla Beach Commenced; Design underway

WO 3602 Buz Brazel Fields Canteen Refurb. Works in progress

WO 3423 South Arm Hall - Kitchen Upgrade to increase hall Works in progress

WO 1046 Administration computer equipment (30320-000) On- going program

WO 3541 All purpose courts at Anderson Park Commenced; Design underway Half-Court Basketball for Bellwood Park, WO 3543 Nambucca Heads Commenced; Design underway

WO 2854 Nambucca Heads Surf Club Protection Stage 2 Commenced New internal road for Macksville & head beams for WO 2161 Nambucca Heads and Macksville. Cemeteries Not Commenced

WO 3403 Macksville Bridge lighting Works completed

WO 2790 Environmental Levy - Climate Change Adaption In progress

CO25032021SR_14.DOCX Page 76 of 104 Ordinary Council Meeting 25 March 2021

ITEM 11.1 2020-21 ENGINEERING SERVICES CAPITAL EXPENDITURE PROGRAM MONTHLY REPORT AS AT 16 MARCH 2021

Work Order Description Status Number Fund

WO 3521 Dawkins Park Works in progress Environment Capital - "Increasing Resilience to WO 3522 Climate Change –Round 2 Dawkins Park Windmill’ Works completed

WO 2677 CZMP Action (Scotts Head Surf club precinct) In progress

WO 3254 Devils' Elbow and Grassy Park Commenced

WO 3255 Gumma Reserve Amenities Works completed

WO 3256 Weir Reserve Boat Ramp In progress

WO 3421 Revitalisation of V-Wall Precinct Works in progress

WO 3279 Gordon Park - Playground Equipment Upgrade Works completed

WO 3418 Bowraville Connections - Children’s Works completed

WO 3599 Bowraville Hub Not commenced

WO 3603 Gordon Park Shelter Works commenced

WO 2305 Macksville Streetscape Revitalisation Works commenced

WO 2411 Boating Now Gordon Park Works completed

WO 1960 Macksville Pool - Asset Replacement/Repair Works in progress

WO 3136 Macksville Pool - Improvements Works in progress

WO 3540 Macksville Aquatic Centre – Project SCCF2 – 0215 Works in progress

Upgrade Macksville Aquatic & Fitness Centre: WO 3604 Works in progress Heating 50m Outdoor swimming pool

WO 2160 Animal shelter Works in progress

WO 3426 Library Refurbishment & expand Commenced; Design underway

WO 2845 Library - Furniture Fittings Not commenced

WO 2406 Land Development Valla Growth Area Lot 2 DP Commenced; Design underway 1173066, 6857 Pacific Sewer: Total budget: $1,656,000; Expenditure to date $581,127 representing a completion of approx. 35% of the program.

WO 2787 Sewerage Services Infrastructure Capital Works Not started Macksville STP

CO25032021SR_14.DOCX Page 77 of 104 Ordinary Council Meeting 25 March 2021

ITEM 11.1 2020-21 ENGINEERING SERVICES CAPITAL EXPENDITURE PROGRAM MONTHLY REPORT AS AT 16 MARCH 2021

Work Order Description Status Number New sludge mixing pontoon WO 3488 Nambucca STP Upgrade ordered

WO 3161 Macksville Pump Station 8 Completed

WO 3162 Macksville Pump Station 8 New pump ordered

WO 3165 Macksville Pump Station 12 Commenced

WO 3168 Macksville Pump Station 15 Commenced

WO 3169 Macksville Pump station 16 Commenced

WO 3187 Nambucca Heads Pump station 1 In progress

WO 3190 Nambucca Heads Pump station 4 New pump ordered

WO 3191 Nambucca Heads Pump station 5 Lids ordered

WO 3192 Nambucca Heads Pump station 6 In progress

WO 3581 Design and documentation for pump station Not started upgrades

WO 2146 New Sewer Main - Seaview Street, Nambucca Completed Heads Sewer Infrastructure Capital - SEWER MAIN WO 3200 Commenced RELINING

Concept Designs being Land Development Valla Growth Area Lot 2 DP WO 3489 finalised and detailed Design 1173066, 6857 Pacific commenced

Water: Total budget: $3,364,500; Expenditure to date $769,843 representing a completion of approx. 23% of the program.

W3485 Water Infrastructure Capital Works HEADWORKS Not started. Proposed to be LIME SOLO postponed until UV and chlorine dosing project is completed

W3511 Water Infrastructure Capital Works - BORE No. 2 Lids ordered for replacement works

W3512 Water Infrastructure Capital Works - BORE No. 3 Bore relining complete

W3513 Water Infrastructure Capital Works - BORE No. 4 Bore relining complete

W3514 Water Infrastructure Capital Works - BORE No. 6 Bore relining complete

CO25032021SR_14.DOCX Page 78 of 104 Ordinary Council Meeting 25 March 2021

ITEM 11.1 2020-21 ENGINEERING SERVICES CAPITAL EXPENDITURE PROGRAM MONTHLY REPORT AS AT 16 MARCH 2021

Work Order Description Status Number W3517 Water Infrastructure Capital Works - BORE No. 9 Lids ordered for replacement works

W3580 Replace section of existing main and valves - Not started inters. Palmer/ West Street

W3487 Water Infrastructure Capital Works - VALLA Concept Designs being URBAN GROWTH AREA - WATER finalised and detailed Design commenced

W1834 Water Meters Purchase and Capital Works Meters purchased

W3486 Water Infrastructure Capital Works HEADWORKS Concept Design completed UV/CHLORINATON DESIGN preparing contract documents

for Design and Construct Contract

W1810 Water Infrastructure Capital Works WATER Plans ready for signing. STORAGE - LAND PURCHASE Negotiating final compensation payment with landowner.

W3411 Water Infrastructure Capital Works RESERVOIR Proposing to postpone to IMPROVEMENTS review scope of works

W3579 Reservoir Improvements – Palmer Street Commenced

W1655 Water Infrastructure Capital Works WATER Refurbishment of Scotts Head SUPPLY PUMPING PLANT Transfer Pump completed.

Electrical works to be completed

W3578 Water Filling Station Commenced

W3610 Water Infrastructure Capital Works - Water Commenced Treatment - CO2 DOSING

Plant Replacement: The following plant purchases have been ordered or completed at 16 November 2020:

Work completed – GM approved Plant No. 5555 Passenger Vehicle Manager Business Dev. variation to Budget

Plant No. 5662 Passenger Vehicle Manager Assets Work completed

Work completed - GM approved Plant No. 5825 Passenger Vehicle Manager Infrastructure Services variation to Budget

Passenger Vehicle Pool Vehicle now assigned to Work completed - GM approved Plant No. 5747 New Health and Building Surveyor variation to Budget

Plant No. 5727 Commercial Utility Assets Engineer Work completed

CO25032021SR_14.DOCX Page 79 of 104 Ordinary Council Meeting 25 March 2021

ITEM 11.1 2020-21 ENGINEERING SERVICES CAPITAL EXPENDITURE PROGRAM MONTHLY REPORT AS AT 16 MARCH 2021

Work Order Description Status Number Plant No. 5854 Commercial Utility Coordinator Greenspace Work completed

Plant No. 5903 Commercial Utility Assets Engineer Work completed Work completed - GM approved Plant No. 5546 Passenger Vehicle - Des. Adv. & Build. Surv. variation to Budget Plant No. 5626 Passenger Vehicle Water and Sewer Engineer Work completed

Plant No. 5626 Commercial Utility Water and Sewer In Progress - Arrived

Plant No. 5294 Wood Chipper Work completed

Plant No. 5293 Spreader Ordered

Plant No. 5284 Zero Turn Mower Work completed

Plant No. 5287 Zero Turn Mower Work completed

Plant No. 5296 UTS grader Control Work completed

Plant No. 5111 Second Hand Tipper Work completed

In progress - trialling machine Plant No. 5208 Loader – skid steer before purchase.

Plant No. 5284 Roller – dual drum Ordered

Plant No. To be In progress - Tender report on Street Sweeper allocated Agenda

Plant No. 5140 Truck tipper In progress – Truck ordered. Note Body will need to be manufactured and this may not be ready by end of Financial Year

Plant No. 5142 Large Tipping - 2 Axle Dog Trailer In Progress - Additional money from savings in Plant Budget as below $3,500 P/No 5140 tipper Truck $8,800 P/No 5212 Drum Roller $11,000 P/No 5208 Skid Steer Loaded $18,300 P/No 5294 Wood Chipper $10,100 Small Plant

Plant No. 5295 Water tanker- Trailer - Ordered

Plant No. 5288 Mower Ordered

CO25032021SR_14.DOCX Page 80 of 104 Ordinary Council Meeting 25 March 2021

ITEM 11.1 2020-21 ENGINEERING SERVICES CAPITAL EXPENDITURE PROGRAM MONTHLY REPORT AS AT 16 MARCH 2021

Work Order Description Status Number Plant No. 5292 Mower Ordered

CONSULTATION:

Water and Sewerage Engineer Manager Infrastructure Services Manager Assets Manager Technical Services Manager Business Development Engineering Services staff Coordinators at the Works Depot Coordinator of Strategic Planning and Natural Resources

SUSTAINABILITY ASSESSMENT:

Environment

There are no environmental issues associated with this report. Review of Environmental Factors have been undertaken for projects where required.

Social

There are no social issues associated with this report.

Economic

There are no economic issues associated with this report.

Risk

The risk in delivering the program are external factors encompassing suppliers and weather and not meeting grant deadlines.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There is no direct impact on the current budgets with the other expenditures, as they will be funded from savings within other capital works that are funded within the adopted 2020/21 budget.

A number of projects are subject to approval from state and federal funding authorities and these will be added to the program once the funding deeds have been signed.

Source of fund and any variance to working funds

Nil at this point in time.

Service level changes and resourcing/staff implications

There is no additional staff resources required to prepare the report.

ATTACHMENTS: 1 14399/2021 - Capital Works Report 16 March 2021

CO25032021SR_14.DOCX Page 81 of 104 Ordinary Council Meeting 25 March 2021

ASSISTANT GENERAL MANAGER ENGINEERING SERVICES REPORT

ITEM 11.2 SF843 250321 MINUTES OF THE VEHICULAR ACCESS TO BEACHES COMMITTEE - 12 FEBRUARY 2021

AUTHOR/ENQUIRIES: Paul Gallagher, Assistant General Manager - Engineering Services

SUMMARY:

A meeting of the Vehicular Access to Beaches Committee (VABC) was held on Friday, 12 February 2021.

RECOMMENDATION:

THAT Council:

1 Receive and note the minutes of the Vehicular Access to Beaches Committee meeting held on Friday 12 February 2021;

2 Endorse a representative from the NSW National Parks & Wildlife Service as a member on the Vehicular Access to Beaches Committee;

3 Endorse the update to the Terms of Reference to reflect the following amendments;

Item 1 – Change of Name from Nambucca Shire Council to Nambucca Valley Council Item 8 – Membership  Cr D Jones replaced Cr B Finlayson  New Volunteer Rangers, Alex Morrison, Bobby Reid and Brian Wood be added  Dale Edwards and Kevin Morrison Snr be removed as Volunteer Rangers; and

4 Note that the review of the Companion Animals Policy is in progress with the policy placed on public exhibition.

OPTIONS:

1 Adopt the recommendations. 2 Amend the recommendations.

DISCUSSION:

The VABC convenes twice per annum and if a quorum cannot be achieved comprising of 1 Councillor, 3 Honorary Rangers plus the Assistant General Manager Engineering Services or his delegated officer, the VABC cannot formally resolve recommendations to be presented to Council for consideration and only discussions on the reports occurred with consensus agreeing to the recommendations and a record of the discussion presented to Council.

On this occasion a quorum was achieved with 2 Councillors, 5 Honorary Rangers and the Assistant General Manager Engineering Services.

Membership:

The Vehicular Access to Beaches Committee resolved at their meeting held on 13 November 2020 to invite a representative from the National Parks and Wildlife Service (NPWS) to attend the next meeting of the Committee to be held on the 12 February 2021. Mr Hermer and Mr Kennedy Coffs Coast Area, NSW National Parks & Wildlife Service accepted the invitation.

Following their presentation, the committee resolved to seek Council endorsement to have the NPWS become a member of the Vehicular Access To Beaches Committee.

CO25032021SR_4.DOCX Page 82 of 104 Ordinary Council Meeting 25 March 2021

ITEM 11.2 MINUTES OF THE VEHICULAR ACCESS TO BEACHES COMMITTEE - 12 FEBRUARY 2021

Dogs on beaches:

The Vehicular Access to Beaches Committee request that Council give consideration to the section of beach between Main Beach and the Swimming Creek entrance being reinstated for dogs on a lead. The history with this section of the beach is that up until 2019 dogs were permissible on a lead between 6pm and 9am. Outside of these hours they were prohibited. In mid-2019 Council resolved to prohibit dogs on this section of beach following complaints received by members of the community who had issues with dogs on beaches in Nambucca Heads.

The reasoning provided for permitting dogs back on this section of beach is that the carpark at the Swimming Creek entrance is overcrowded due to people parking in this carpark to walk their dogs on the off leash section of beach north towards Valla Beach. The rationale is that if people can walk their dogs on a lead again north from Main Beach, the number of vehicles will be spread out between the two carparks which will result in less congestion in the carpark. In addition to this, it will enable people to walk their dog on the beach when Swimming Creek cuts access off during storm events.

The Vehicular Access to Beaches Committee advise that the section of beach in question is only 350m in length, that there still remains ample areas of beach from Main Beach to Shelly Beach which are dog free, that the section of beach formally used to be on lead prior to recent changes, and that existing signage is easily adapted without any significant expense.

Reserve: current reserve balance is $69,502.89

As per Resolution No 37/11 of the Minutes of the Vehicular Access To Beaches Committee 11 March 2011 and subsequently adopted by Council at its meeting on 7 April 2011 by Resolution No 2764/11, the unspent funds emanating from the sale of Beach Driving Permits are placed into a reserve towards capital works required to maintain the beach access areas.

CONSULTATION:

Vehicular Access to Beaches Committee

SUSTAINABILITY ASSESSMENT:

Environment

The monitoring of 4WD Beach Permit holders when driving on beaches in the Shire by Council’s Ranger and volunteer Honorary Rangers will aid in the protection of sand dunes within the beach environment. It also assists in the prevention of unregistered or vehicles without permits driving on the beaches.

Social

The safety of other beach users is enhanced and is consistent with public requests.

Economic

There are economic issues associated with tourism as the access to beaches is a draw card for visitors to the region.

Risk

There are no risk implications associated with this report

CO25032021SR_4.DOCX Page 83 of 104 Ordinary Council Meeting 25 March 2021

ITEM 11.2 MINUTES OF THE VEHICULAR ACCESS TO BEACHES COMMITTEE - 12 FEBRUARY 2021

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There will be no direct or indirect impact on current or future budgets as the income realised from the sale of the beach permits is used for the maintenance of the beach access tracks and signage and is cost neutral to the budget.

Source of fund and any variance to working funds

The source of funds towards any work on the beach access tracks is to be funded from the reserve emanating from the sale of beach permits which means that there is no impost on working funds but will result in a decrease within the reserve.

Service level changes and resourcing/staff implications

There are no changes to service levels or resourcing/staff implications associated with this report.

ATTACHMENTS: 1 7386/2021 - Minutes - Vehicular Access to Beaches Committee - 12 February 2021

CO25032021SR_4.DOCX Page 84 of 104 Ordinary Council Meeting 25 March 2021

ASSISTANT GENERAL MANAGER ENGINEERING SERVICES REPORT

ITEM 11.3 SF931 250321 TENDER REGPRO382021 FOR THE PROVISION OF TRAFFIC CONTROL SERVICES FOR THE PERIOD 1 APRIL 2021 TO THE 31 MARCH 2024

AUTHOR/ENQUIRIES: Paul Gallagher, Assistant General Manager - Engineering Services; Clint Fitzsummons, Manager Assets

Summary:

Regional Procurement conducted an open panel source tender for the provision of traffic control services for a number of Council’s being Kyogle, Rouse County, Clarence Valley, Richmond Valley, Coffs Harbour City, Bellingen, MidCoast and Nambucca Valley Council in accordance with Clause 166(a) of the Local Government (General) Regulation 2005.

A tender is required as the expense of the purchase of products is anticipated to exceed the statutory tender limit of $150,000 over the term of the contract. There is an economical outcome on the unit purchase price based on quantity of the product associated with a joint focused tender.

Tenders closed at 10.00am on the 12 January 2021. The Tender Evaluation Report is attached within the confidential report for the information of Councillors.

NOTE: As per Clause 31 of Council's Code of Meeting Practice a division is required for all tenders considered at Council meetings, which requires the General Manager to record the names of each Councillor supporting and opposing the decision.

RECOMMENDATION:

THAT Council:

1 Rejects all tender submissions relating to REGPRO382021 for the supply of traffic control services;

2 Enters into negotiations with the tenderers and other similar contractors as per clause 178(3)(e) of the Local Government (General) Regulation 2005, as a Panel Source supplier to Nambucca Valley Council for the period 1 April 2021 to 31 March 2024;

3 Allow a provision for a 12 month extension based on satisfactory supplier performance; which may take this contract through to 31 March 2025;

4 Endorse the tender evaluation as provided in the confidential report for the supply traffic control services as a panel source tender; and

5 Updates the Contract Register (TRIM: 31325/2016).

OPTIONS:

1 Accept the tender recommendations. 2 Not accept the tender recommendations.

DISCUSSION:

Council in reviewing tenders or contracts seeks to encourage local contact within the Valley. A local supplier who has in fact performed works for Council, did not receive notification of the tender. A number of other tenderers would not be called upon to perform work for Council due to their location and additional establishment costs. For this reason it is recommended that Council reject all tenders as per Clause 178(3)(e) of the Local Government (General) Regulation which states:

CO25032021TR_1.DOCX Page 85 of 104 Ordinary Council Meeting 25 March 2021

ITEM 11.3 TENDER REGPRO382021 FOR THE PROVISION OF TRAFFIC CONTROL SERVICES FOR THE PERIOD 1 APRIL 2021 TO THE 31 MARCH 2024

“(3) A council that decides not to accept any of the tenders for a proposed contract or receives no tenders for the proposed contract must, by resolution, do one of the following—

(e) enter into negotiations with any person (whether or not the person was a tenderer) with a view to entering into a contract in relation to the subject matter of the tender”

Council staff will then instruct Regional Procurement to individually contact all suitably qualified contractors to sit on the tender panel.

Further information is contained in the confidential report as per Section 10A(2) (d) of the Local Government Act pertaining to Commercial In Confidence.

Council signed a letter of participation for this tender.

The tender was advertised in the following media:

 Tenderlink on 8 December 2020

Fifteen (15) documents were downloaded and Eleven (11) Tenders in total were received from the following suppliers:

 Ahoy Traffic Control and Labour Hire Services Pty Ltd  Altus Traffic Pty Ltd  Benson and Hans Construction Pty Ltd  Chambers Constructions Pty Ltd  Coffs Coast Traffic Solutions  Complete Staff Solutions Pty Ltd  DOB Enterprises t/as Watchout Training & Traffic Control  Evolution Traffic Management Pty Ltd  Lack Group Traffic Pty Ltd  Newada Pty Ltd t/as Men At Work  R&M Brewer Pty Ltd t/as Professional Traffic Solutions  Workforce Road Services Pty Ltd

Probity:

The Tender has been conducted in accordance with Clause 166(a) of the Local Government (General) Regulation 2005.

Conflict of interest declarations were signed by the evaluation review members including the Regional Procurement facilitator. The declarations are available to be viewed if required.

All tenderer insurance records were checked against tender requirements and potential non-conformities were noted in the evaluation matrix for the consideration of the councils.

All tenderers were deemed conforming to the tender requirements and noted as active on the ASIC website.

The evaluation was conducted in accordance with the Local Government Tendering Guidelines, Regional Procurement Tendering Code of Conduct and Tendering Evaluation Principles and Process. Confidentiality and probity were maintained throughout the process.

Methodology:

The % weightings and criteria were agreed upon by council prior to the tender closing.

The evaluation result was determined by:

CO25032021TR_1.DOCX Page 86 of 104 Ordinary Council Meeting 25 March 2021

ITEM 11.3 TENDER REGPRO382021 FOR THE PROVISION OF TRAFFIC CONTROL SERVICES FOR THE PERIOD 1 APRIL 2021 TO THE 31 MARCH 2024

Tender Price @ 60%

 Three (3) pricing scenarios were used to determine an objective price comparison.  The lowest overall amount for each pricing scenario was awarded the full Criteria % for each scenario as shown in the Evaluation Results Table on the following page.  Each subsequent scenario $ value was then divided into the lowest $ value to obtain a pro-rata score.

WH&S @ 10%

 If the tenderer provided the required evidence to meet the benchmark, eg: a current ISO certificate and Safety Management Plan document contents page, the Evaluation Panel awarded full marks for that category.  If the tenderer failed to meet the benchmark completely, eg: they demonstrated no ability to meet the criteria and did not provide any evidence, the Panel awarded 0 points to the tenderer for that evaluation criteria.

Referees @ 10%

 Referees was included by adding the total scores obtained from the Tenderer’s three nominated referees (where each is worth up to 25 points) and dividing this total by the maximum possible score of 75, then multiplying this number by the allocated matrix Weighting value

Quality Assurance @ 5%

 If the tenderer provided the required evidence to meet the benchmark, eg: a current ISO certificate and QMS document contents page, the Evaluation Panel awarded full marks for that category.  If the tenderer provided partial evidence to meet the benchmark, eg: provided a QMS document contents page but they are not ISO certified, the Panel determined a lower score subject to the evidence provided.  If the tenderer failed to meet the benchmark completely, eg: they demonstrated no ability to meet the criteria and did not provide any evidence, the Panel awarded 0 points to the tenderer for that evaluation criteria.

Physical Resources @ 5%

 Tenderers were assessed on their response to this Tender Schedule.

Ecologically Sustainable Development @ 5%

 If the tenderer provided the required evidence to meet the benchmark, eg: a current ISO certificate and Environmental Management Plan document contents page, the Evaluation Panel awarded full marks for that category.  If the tenderer failed to meet the benchmark completely, eg: they demonstrated no ability to meet the criteria and did not provide any evidence, the Panel awarded 0 points to the tenderer for that evaluation criteria.

Local Content @ 5%

 Tenderers were assessed by individual councils as to the points to be allocated for this criterion.

CO25032021TR_1.DOCX Page 87 of 104 Ordinary Council Meeting 25 March 2021

ITEM 11.3 TENDER REGPRO382021 FOR THE PROVISION OF TRAFFIC CONTROL SERVICES FOR THE PERIOD 1 APRIL 2021 TO THE 31 MARCH 2024

Evaluation Outcome:

Contract Duration

It is proposed this contract will run for 36 months from 1 April 2021 to 31 March 2024. A 12 month option may be taken up based on satisfactory performance by the contractor/s.

Contract Price Variations

Refer to the Clause 3.4 Price Adjustment in the relevant General Conditions of Contract.

CONSULTATION:

Regional Procurement Manager Infrastructure Services Manager Water and Sewerage

SUSTAINABILITY ASSESSMENT:

Environment

There are no environmental implications associated with this report

Social

There are no social implications associated with this report

Economic

The tender ensures that Council continues to receive the most competitive price for traffic control services.

Risk

The tender process ensures that Council’s procurement practices comply with Local Government regulations

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Funding for traffic control services is allowed for in current and future budgets. The estimated expenditure varies per annum depending on works.

Source of fund and any variance to working funds

Funding will come from maintenance, capital votes and from grant funds.

Service level changes and resourcing/staff implications

There are no implications related to levels of service.

ATTACHMENTS: There are no attachments for this report.

CO25032021TR_1.DOCX Page 88 of 104 Ordinary Council Meeting 25 March 2021

ASSISTANT GENERAL MANAGER ENGINEERING SERVICES REPORT

ITEM 11.4 SF931 250321 TENDER REGPRO362021 FOR THE SUPPLY AND INSTALLATION / SUPPLY ONLY OF ROAD SAFETY BARRIER SYSTEMS FOR THE PERIOD 1 APRIL 2021 TO THE 31 MARCH 2024

AUTHOR/ENQUIRIES: Paul Gallagher, Assistant General Manager - Engineering Services; Clint Fitzsummons, Manager Assets

Summary:

Regional Procurement conducted an open panel source tender for the supply and installation /supply only of road safety barrier systems for a number of Council’s being Kyogle, Lismore City, Clarence Valley, Richmond Valley, Coffs Harbour City, Bellingen, MidCoast and Nambucca Valley Council in accordance with Clause 166(a) of the Local Government (General) Regulation 2005.

The tender has two categories to facilitate flexibility of service:

Category 1: Supply and installation of road safety barrier systems Category 2: Supply only of road safety barrier systems components

Tenders closed at 10.00am on the 12 January 2021.

The Tender Evaluation Report is attached within the confidential report for the information of Councillors.

RECOMMENDATION:

THAT Council:

1 Award the Tender REGPRO 0511718 for Category 1 – Supply and Installation of Road Safety Barrier Systems as a Panel Source supplier to Nambucca Valley Council for the period 1 April 2021 to 31 March 2024 to:

 A1 Highways Pty Ltd  AJ & LJ Irwin, trading as Irwin Fencing Pty Ltd  GRI Road Services Pty Ltd  Guardrail Systems Pty Ltd  Schramm Group Pty Ltd

2 Award the Tender REGPR0511718) for Category 2 – Supply Only of Road Safety Barrier Systems as a Panel Source supplier to Nambucca Valley Council for the period 1 April 2021 to 31 March 2024 to:

 Ingal Civil  Schramm Group Pty Ltd  A1 Highways Pty Ltd

3 Allow a provision for a 12 month extension to (REGPRO 0511718) for both Category 1 and 2 based on satisfactory supplier performance, which may take this contract through to 31 March 2025;

CO25032021TR_2.DOCX Page 89 of 104 Ordinary Council Meeting 25 March 2021

ITEM 11.4 TENDER REGPRO362021 FOR THE SUPPLY AND INSTALLATION / SUPPLY ONLY OF ROAD SAFETY BARRIER SYSTEMS FOR THE PERIOD 1 APRIL 2021 TO THE 31 MARCH 2024

4 Endorse the tender evaluation as provided in the confidential report for the supply and delivery of traffic and safety as a panel source tender; and

5 Update the Contract Register (TRIM: 31325/2016).

OPTIONS:

1 Accept the tender recommendations, or

2 Not accept the tender recommendations

DISCUSSION:

Further information is contained in the confidential report as per Section 10A(2) (d) of the Local Government Act pertaining to Commercial In Confidence.

Council signed a letter of participation for this tender.

The tender was advertised in the following media:

 Tenderlink on 8 December 2020

Eight (8) documents were downloaded and six (6) Tenders in total were received from the following suppliers:

 A1 Highways Pty Ltd  AJ & LJ Irwin, trading as Irwin Fencing Pty Ltd  GRI Road Services Pty Ltd  Guardrail Systems Pty Ltd  Ingal Civil Products  Schramm Group Pty Ltd

Probity:

The Tender has been conducted in accordance with Clause 166(a) of the Local Government (General) Regulation 2005.

Conflict of interest declarations were signed by the evaluation review members including the Regional Procurement facilitator. The declarations are available to be viewed if required.

All tenderer insurance records were checked against tender requirements and potential non-conformities were noted in the evaluation matrix for the consideration of the councils.

All tenderers were deemed conforming to the tender requirements and noted as active on the ASIC website..

Methodology:

The % weightings and criteria were agreed upon by council prior to the tender closing.

CO25032021TR_2.DOCX Page 90 of 104 Ordinary Council Meeting 25 March 2021

ITEM 11.4 TENDER REGPRO362021 FOR THE SUPPLY AND INSTALLATION / SUPPLY ONLY OF ROAD SAFETY BARRIER SYSTEMS FOR THE PERIOD 1 APRIL 2021 TO THE 31 MARCH 2024

The evaluation result was determined by:

Tender Price @ 60%

WH&S @ 10%

Referees @ 10%

Quality Assurance @ 10%

Customer Service @ 5%

 Tenderers were assessed by individual councils as to the points to be allocated for this criterion.

Local Content @ 5%

 Tenderers were assessed by individual councils as to the points to be allocated for this criterion.

Evaluation Outcome:

Contract Duration

It is proposed this contract will run for 36 months from 1 April 2021 to 31 March 2024. A 12 month option may be taken up based on satisfactory performance by the contractor/s.

CO25032021TR_2.DOCX Page 91 of 104 Ordinary Council Meeting 25 March 2021

ITEM 11.4 TENDER REGPRO362021 FOR THE SUPPLY AND INSTALLATION / SUPPLY ONLY OF ROAD SAFETY BARRIER SYSTEMS FOR THE PERIOD 1 APRIL 2021 TO THE 31 MARCH 2024

Contract Price Variations:

Refer to the Clause 3.4 Price Adjustment in the relevant General Conditions of Contract.

CONSULTATION:

Regional Procurement Manager Infrastructure Services

SUSTAINABILITY ASSESSMENT:

Environment

There are no environmental implications associated with this report

Social

There are no social implications associated with this report

Economic

The tender ensures that Council continues to receive the most competitive price for traffic control services.

Risk

The tender process ensures that Council’s procurement practices comply with Local Government regulations

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Funding for traffic control services is allowed for in current and future budgets. The estimated expenditure varies per annum depending on works.

Source of fund and any variance to working funds

Funding will come from maintenance, capital votes and from grant funds.

Service level changes and resourcing/staff implications

There are no implications related to levels of service.

ATTACHMENTS: There are no attachments for this report.

CO25032021TR_2.DOCX Page 92 of 104 Ordinary Council Meeting 25 March 2021

ASSISTANT GENERAL MANAGER ENGINEERING SERVICES REPORT

ITEM 11.5 T003/2021 250321 TENDER T003/2021 FOR THE SUPPLY AND DELIVERY OF ONE DUAL CONTROL ROAD STREET SWEEPER

AUTHOR/ENQUIRIES: Clint Fitzsummons, Manager Assets; Paul Gallagher, Assistant General Manager - Engineering Services

Summary:

Council invited submissions for the supply and delivery of one new dual control truck mounted suction road sweeper. The closing date and time for completed submissions was 2.00pm on Tuesday 9 March 2021. Tender Forms were electronically submitted via the VendorPanel E-tendering Portal

The tender was for the supply one (1) truck mounted (minimum 12T GVM) road suction-sweeper (separate engine), auto transmission, dual steering controls. Truck cabin and sweeper body to be white in colour. Sweeper body to be same colour code as truck OEM. Council has standardised heavy truck fleet of Hino and Isuzu.

Four submissions were received with a combination of price dependent on the make of the truck chosen.

The Tender Evaluation Report is attached within the confidential report for the information of Councillors

RECOMMENDATION:

THAT Council:

1 Purchase a Bucher Municipal V65t Dual Control Suction Road Street Sweeper from Bucher Municipal Pty Ltd;

2 Endorse the tender evaluation as provided in the confidential report for the tender for a Dual Control Truck Mounted Suction Road Sweeper; and

3 Update the Contract Register (CM9: 31325/2016)

OPTIONS:

1 Accept the tender recommendation.

2 Not accept the tender recommendation.

DISCUSSION:

The MacDonald Johnston street sweeper has undergone a name change and the equipment now being produced/manufactured has been rebranded to Bucher Municipal. The former MacDonald Johnston street sweeper is specifically manufactured as a street sweeper and has been recommended based on the Procurement Principles IAW, the Procurement Policy, and additionally the assessment criteria matrix on VendorPanel.

Five submissions were received from the following companies:

 Garwood International Pty Ltd

CO25032021TR_3.DOCX Page 93 of 104 Ordinary Council Meeting 25 March 2021

ITEM 11.5 TENDER T003/2021 FOR THE SUPPLY AND DELIVERY OF ONE DUAL CONTROL ROAD STREET SWEEPER

 Bucher Municipal Pty Ltd (formerly MacDonald Johnston)  Mike Trace Engineering Sales & Service Pty Ltd  Rosmech Sales & Service Pty Ltd

A combination of prices were received dependent on the make of the truck chosen.

Probity:

The Tender has been conducted in accordance with Clause 166(a) of the Local Government (General) Regulation 2005.

All tenderers were deemed conforming to the tender requirements and noted as active on the ASIC website.

The evaluation was conducted in accordance with the Local Government Tendering Guidelines, Tendering Evaluation Principles and Process. Confidentiality and probity were maintained throughout the process.

Methodology:

The % weightings and criteria were agreed upon by staff. The evaluation result was determined by:

 10% Local preference  40% Price  20% Industry experience and referees  10% delivery time frames  20% meeting specifications

The assessment was performed by:

 Depot Coordinator and mechanic  Fleet Officer  Manager Assets  Assistant General Manager Engineering Services.

CONSULTATION

Assistant General Manager Engineering Services Manager Infrastructure Services Civic Services Coordinator Depot Coordinator

SUSTAINABILITY ASSESSMENT:

Environment

A street sweeper would be advantageous in the community for the collection and removal of waste generation and build-up of litter in the streets to improve environmental outcomes throughout the Nambucca Valley. The removal of sediment and cleaning of gross pollutant traps prior to entry into the stormwater drainage systems, would ultimately reduce these types of materials ending up in the estuaries and water systems within the Nambucca Valley.

Social

There are no social implications associated with this report.

CO25032021TR_3.DOCX Page 94 of 104 Ordinary Council Meeting 25 March 2021

ITEM 11.5 TENDER T003/2021 FOR THE SUPPLY AND DELIVERY OF ONE DUAL CONTROL ROAD STREET SWEEPER

Economic

There are no economic implications associated with this report.

Risk

The street sweeper would minimise the waste generation and build-up of litter in the streets and assist in the removal of sediment and cleaning of gross pollutant traps prior to entry into the stormwater drainage systems, reducing risk of contamination in the estuaries and water systems within the Nambucca Valley.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

Council has received grant funding of $145K through the EPA and allocated $205k with in the 20/21 budget to procure the street sweeper, and a further $145k of grant funding will be utilised to complement the funding for this purchase

Working funds – justification for urgency and cumulative impact

Nil

Service level changes and resourcing/staff implications

Future review of operations will be required. In the interim existing staff will be used to operate the new plant. This purchase will negate the need for contract street sweeping.

ATTACHMENTS: There are no attachments for this report.

CO25032021TR_3.DOCX Page 95 of 104 Ordinary Council Meeting 25 March 2021

ASSISTANT GENERAL MANAGER ENGINEERING SERVICES REPORT

ITEM 11.6 SF1092 250321 PLAN OF MANAGEMENT BELLWOOD PARK CROWN RESERVE 77534 PUBLIC RECREATION

AUTHOR/ENQUIRIES: Ronel Botha, GIS Officer (Assets)

SUMMARY:

Section 3.23(6) & (7) of the Crown Land Management Act 2016 requires Council to adopt a Plan of Management for each reserve for which it is appointed as Crown Land Manager. Each Plan of Management must be prepared in accordance with the Crown Land Guidelines and must be completed by 30 June 2021. Grant funds have been provided to Council to prepare Plans of Management for all Crown Land that it manages.

The first Draft Plan of Management to be prepared is for Bellwood Park Crown Reserve 77534 Public Recreation is attached for Council’s consideration.

As part of the Draft Plan of Management approval process Council must attest that it has considered Native Title Manager advice in relation to the draft Plan of Management and resolved to refer the draft Plan of Management to the Department of Planning, Industry and Environment – Crown Lands for the approval of the Minister Administering the Crown Lands Management Act 2016 before putting it out for public consultation.

RECOMMENDATION:

THAT Council:

1 Attests that it has considered Native Title Manager advice in relation to the Draft Plan of Management for Bellwood Park Crown Reserve 77534 Public Recreation.

2 Requests approval from the Minister administering the Crown Lands Management Act 2016 to approve the draft Plan of Management for Bellwood Park Crown Reserve 77534 Public Recreation Lot 7002 DP 1054231.

3 Upon approval from the Minister Administering the Crown Lands Management Act 2016 Council amends the draft Plan of Management if required by the Minister and places it on public exhibition as per Section 38 of the Local Government Act, 1993.

OPTIONS:

1 Refer the Draft Plan of Management to the Minister Administering the Crown Lands Management Act 2016 for approval. This is the preferred option.

2 Defer the referral of the Draft Plan of Management pending identified changes.

DISCUSSION:

BACKGROUND Under Section 3.23 of the Crown Land Management Act 2016 Council must initially assign a category of use that they consider to be most closely related to the purpose(s) that the land is dedicated or reserved.

Council assigned the category of General Community Use, as suggested by Department of Industry Crown Lands, to Reserve 77534. The category Community was deemed to be the closest category to the current Reserve purpose(s) and as such has been approved by the Minister administering the Crown Land Management Act 2016. Section 3.23(7) of the Crown Land Management Act 2016 states that Section 44 of the Local Government Act 1993 applies to the land. This means that the nature and use of the land must not be changed while

CO25032021SR_2 Page 96 of 104 Ordinary Council Meeting 25 March 2021

ITEM 11.6 PLAN OF MANAGEMENT BELLWOOD PARK CROWN RESERVE 77534 PUBLIC RECREATION the adoption of a Plan of Management for Community land is pending. This in effect means that Council is unable to properly deal with the land until a Plan of Management (POM) is adopted.

Division 3.6 of the Crown Lands Management Act 2016 (CLM Act) deals with the requirements that Council must meet in relation to POM’s and other plans for Council managed Crown land such as the preparation, community engagement, adoption, alteration and publication of POMs and other Plans.

Council has a funding agreement in place with the NSW Government to prepare POMs for any Crown reserves they manage which are classified as “community land”, in the same manner as they would for public land under the Local Government Act 1993.

These POM’s are required to be developed by councils within 3 years of the commencement of the relevant provisions of the CLM Act (ie: by 30 June 2021) in which this is our first. The provider has provided the Council with funding and the Council agrees to accept the funding in accordance with the terms of the Deed of Agreement.

The Draft POM has been prepared using Crown Land guidelines in the format suggested by the former Department of Industry – Crown Lands and the Office of Local Government. The POM has been broadly drafted to enable flexibility of the use of the Reserves by Council and the community.

Council has some discretion to prepare a specific or generic POM (that applies to more than one piece of land).

CONSULTATION:

 Office of Local Government  Crown Lands Grafton Office  General Manager  Assistant General Manager ES  Assistant General Manager CS

Council is required to submit this Draft POM for approval to the Department of Planning Industry and Environment – Crown Lands, as the representative of the owner of the land. This approval process occurs prior to any public exhibition and community consultation.

The Department of Planning, Industry and Environment – Crown Lands will review the POM and will advise Council of any properly required provisions or revisions to be included in the Draft POM. Council must then amend the POM prior to placing it on public exhibition under Section 38 of the Local Government Act 1993. As the Draft POM for the reserve does not alter the initial categories assigned to the land Council is not required to hold a Public Hearing for the POM.

Provided that the Community consultation period does not further change to the POM Council may proceed to adoption of the POM.

If community consultation alters the POM then it must be again referred to the Native Title Manager for a report which must be considered by Council and the POM must again be referred to the Department of Planning, Industry and Environment for approval before Council adopts it.

NATIVE TITLE

POMs for Crown Reserves must be compliant with the statutory requirements in relation to Native Title prescribed by both the Crown Land Management Act 2016 and the Local Government Act 1993.

Council cannot adopt a POM until it has obtained written advice from the Native Title Manager that the POM complies with any applicable provisions of Commonwealth Native Title legislation.

CO25032021SR_2 Page 97 of 104 Ordinary Council Meeting 25 March 2021

ITEM 11.6 PLAN OF MANAGEMENT BELLWOOD PARK CROWN RESERVE 77534 PUBLIC RECREATION

The Department of Planning Industry and Environment – Crown Lands advise that Native Title Manager engagement and Native Title consideration should start from the beginning of drafting of the POM even though formal advice is not required until adoption of the POM. Native Title has been considered in the drafting of the POM and activities that cannot be validated under the Native Title Act 1996 have not been included within the draft POM.

The Department of Planning Industry and Environment will not process a draft POM received from a council unless the council attests that it has considered Native Title Manager advice.

Council’s Native Title Manager has considered the Draft POM and concludes that:

1 The POM authorises activities that could be considered as future acts within the meaning of Section 233 of the Native Title Act 1993.

2 The POM guidelines provide that those activities are only to be authorised if they are in accordance with the reserve purpose of the land.

3 Those activities that are consistent with the reserve purpose of the land may be validated under the future acts regime of the Native Title Act 1993.

SUSTAINABILITY ASSESSMENT:

Environment Refer to the POM

Social The report has no social implications

Economic The POM has minimal economic impact on Council.

Risk If Council does not adopt a POM under the Crown Land Management Act guidelines, it cannot deal with the lands except for the issuing of a short-term licence.

If a POM is not adopted within the initial period ending on 30 June 2021, Council may lose the right to manage the lands.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets There is no direct or indirect impact on current and future budgets.

Working funds – justification for urgency and cumulative impact There is no direct or indirect impacts on Working Funds.

Service level changes and resourcing/staff implications There are no implications on service levels or staffing once all POMs have been prepared

ATTACHMENTS: 1 56245/2020 - Bellwood Park Crown Reserve 77534 Public Recreation 2 9376/2021 - Native Title Assessment - Plan of Management Bellwood Park Reserve 77534

CO25032021SR_2 Page 98 of 104 Ordinary Council Meeting 25 March 2021

ASSISTANT GENERAL MANAGER ENGINEERING SERVICES REPORT

ITEM 11.7 SF1092 250321 PLAN OF MANAGEMENT FORESHORE CARAVAN PARK CROWN RESERVE 89734

AUTHOR/ENQUIRIES: Ronel Botha, GIS Officer (Assets)

SUMMARY:

The Draft Plan of Management to be prepared is for the Foreshore Caravan Park Crown Reserve 89734 which is attached for Council’s consideration.

RECOMMENDATION:

THAT Council:

1 Attests that it has considered Native Title Manager advice in relation to the Draft Plan of Management for the Foreshore Caravan Park Crown Reserve 89734, Lot 70 DP 1187005.

2 Requests approval from the Minister administering the Crown Lands Management Act 2016 to approve the draft Plan of Management for Foreshore Caravan Park Crown Reserve 89734 Lot 70 DP 1187005.

3 Upon approval from the Minister administering the Crown Lands Management Act 2016 Council amends the draft Plan of Management if required by the Minister and places it on public exhibition as per Section 38 of the Local Government Act, 1993.

OPTIONS:

1 Refer the Draft Plan of Management to the Minister administering the Crown Lands Management Act 2016 for approval. This is the preferred option.

2 Defer the referral of the Draft Plan of Management pending identified changes.

DISCUSSION:

Council assigned the category of General Community Use, as suggested by Department of Industry Crown Lands, to Reserve 89734. The category Community was deemed to be the closest category to the current Reserve purpose(s) and as such has been approved by the Minister administering the Crown Land Management Act 2016.

CO25032021SR_3 Page 99 of 104 Ordinary Council Meeting 25 March 2021

ITEM 11.7 PLAN OF MANAGEMENT FORESHORE CARAVAN PARK CROWN RESERVE 89734

Section 3.23(7) of the Crown Land Management Act 2016 states that Section 44 of the Local Government Act 1993 applies to the land. This means that the nature and use of the land must not be changed while the adoption of a Plan of Management for Community land is pending. This in effect means that Council is unable to properly deal with the land until a Plan of Management (POM) is adopted.

Division 3.6 of the Crown Lands Management Act 2016 deals with the requirements that Council must meet in relation to POM’s and other plans for Council managed Crown land such as the preparation, community engagement, adoption, alteration and publication of POMs and other Plans.

These POM’s are required to be developed by councils within 3 years of the commencement of the relevant provisions of the CLM Act (ie: by 30 June 2021). The provider has provided the Council with funding and the Council agrees to accept the funding in accordance with the terms of the Deed of Agreement.

Council has some discretion to prepare a specific or generic POM (that applies to more than one piece of land). In this instance a specific POM has been drafted to cover land that contains the Foreshore Caravan Park Crown Reserve 89734, Lot 70 DP 1187005.

CONSULTATION:

 Office of Local Government  Crown Lands Grafton Office  General Manager  Assistant General Manager ES  Assistant General Manager CS

Provided that the Community consultation period does not further change to the POM Council may proceed to adoption of the POM.

NATIVE TITLE

POMs for Crown Reserves must be compliant with the statutory requirements in relation to Native Title prescribed by both the Crown Land Management Act 2016 and the Local Government Act 1993.

Council cannot adopt a POM until it has obtained written advice from the Native Title Manager that the POM complies with any applicable provisions of Commonwealth Native Title legislation.

CO25032021SR_3 Page 100 of 104 Ordinary Council Meeting 25 March 2021

ITEM 11.7 PLAN OF MANAGEMENT FORESHORE CARAVAN PARK CROWN RESERVE 89734

The Department of Planning Industry and Environment will not process a draft POM received from a council unless the council attests that it has considered Native Title Manager advice.

Council’s Native Title Manager has considered the Draft POM and concludes that:

1 The POM authorises activities that could be considered as future acts within the meaning of Section 233 of the Native Title Act 1993.

2 The POM guidelines provide that those activities are only to be authorised if they are in accordance with the reserve purpose of the land.

3 Those activities that are consistent with the reserve purpose of the land may be validated under the future acts regime of the Native Title Act 1993.

SUSTAINABILITY ASSESSMENT:

Environment Refer to the POM

Social The report has no social implications

Economic The POM has an economic impact on Council as it deals with the lease and income gained in relation to the Foreshore Caravan Park.

Risk If Council does not adopt a POM under the Crown Land Management Act guidelines, it cannot deal with the lands except for the issuing of a short-term licence.

If a POM is not adopted within the initial period ending on 30 June 2021, Council may lose the right to manage the lands.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets There is no direct or indirect impact on current and future budgets.

Working funds – justification for urgency and cumulative impact There is no direct or indirect impacts on Working Funds.

Service level changes and resourcing/staff implications There are no implications on service levels or staffing once all POMs have been prepared

ATTACHMENTS: 1 56255/2020 - Foreshore Caravan Park Reserve 89734

2 9385/2021 - Native Title Assessment - Plan of Management Foreshore Caravan Park Reserve 89734

CO25032021SR_3 Page 101 of 104 Ordinary Council Meeting 25 March 2021

ASSISTANT GENERAL MANAGER ENGINEERING SERVICES REPORT

ITEM 11.8 RF447 250321 PROPOSED ROAD CLOSURE OF PART OF SWORDFISH DRIVE, VALLA BEACH BEING A COUNCIL PUBLIC ROAD ADJACENT TO LOT 226 IN DP 1260526

AUTHOR/ENQUIRIES: Nigel Petersen, Surveyor

SUMMARY:

An application has been received by Council from Amos & McDonald Surveyors for a road closure of part of Swordfish Drive at Valla Beach.

It has come to our attention that the registered survey plan which created the lots on the northern side of Swordfish Drive had the road width as 20 metres, whereas the approved design plans and house services (water connections) have been placed based on 16 metre wide road reserve. The client believes that this issue will have a detrimental effect of potential loss of income from lot sales.

The land to the south of Swordfish Drive which abuts the proposed road closure is subject to a construction certificate determination which is currently under consideration at Council. The road closure forms a pivotal part in the overall layout of the proposed subdivision.

The closed road will be further subdivided with Lot 226 in DP 1260526 to create the residential lots for the next stage of the subdivision.

RECOMMENDATION:

That Council agree to the closure of the slither of land which abuts Swordfish Drive being a Council Public Road to the common boundary with Lot 226 in DP 1260526 as shown in the attached sketch, subject to the following:

a) The applicants enter into a formal and binding agreement with Council to pay all costs associated with the closure (but not limited by) survey, legal, valuation and Council fees; and

b) The applicants further subdivide the lot created from the road closure (once registered) with the adjoining land to create the residential lots.

OPTIONS:

Council can refuse to agree to the road closure but that would cause potential adversity to the developers of Lot 226 in DP 1260526 to which the Road affects.

DISCUSSION:

The road was dedicated to Council as a public road on 11 February 2020 following registration of DP 1260526. The original title to the land was Portion 88 which was registered on 2 January 1957 and has been subject to 8 subsequent subdivisions of various parts of the land, with the most recent plan creating Swordfish Drive.

The land has never been in the ownership of the Crown.

The developer has informed Council of an anomaly with the most recent registered subdivision plan in that the road width for Swordfish Drive is 20 metres whereas the services have been placed based on 16 metre wide road reserve, thus the services are located 4 metres inside the road reserve.

CO25032021SR_19.DOCX Page 102 of 104 Ordinary Council Meeting 25 March 2021

ITEM 11.8 PROPOSED ROAD CLOSURE OF PART OF SWORDFISH DRIVE, VALLA BEACH BEING A COUNCIL PUBLIC ROAD ADJACENT TO LOT 226 IN DP 1260526

The Surveyors acting for the developer in the development of the current stage of the subdivision has investigated other means to rectify this situation.

Discussions have taken place with NSW Land Registry Services as to whether the current plan could be amended and a substitute sheet added to the registered plan, the answer was no this couldn’t be done.

Secondly, the extension and or relocation of current services was investigated and this was proven to be too costly to the developer and would have a detrimental effect financially on the developers as the lot yield would be reduced.

Amos & McDonald Surveyors then approached Council about a potential Road Closure of part of Swordfish Drive. Council staff have been working on gaining a satisfactory outcome for all in this instance. The conclusion was made that the Road closure process could be streamlined to hopefully run concurrently with the Civil works construction of the other services which need to be place within the lots.

It is envisaged that the Road Closure process should be completed by the time of the release of the subdivision certificate to allow the registration of the plan of Subdivision.

CONSULTATION:

Amos & McDonald Surveyors Mayor General Manager Manager Technical Services Crown Lands – Road Division NSW Land Registry Services

SUSTAINABILITY ASSESSMENT:

Environment

There are no perceivable environmental impacts.

Social

Failure to close the road could cause potential social adversity to the owners of Lot 226 in DP 1260526 to which the road affects.

Economic

Failure to close the road could cause social potential adversity for to the owners of Lot 226 in DP 1260526 to which the road affects.

Risk

None

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There are no direct or indirect impacts to the current or future budgets as all costs are to be paid by the owners of Lot 226 in DP 1260526.

CO25032021SR_19.DOCX Page 103 of 104 Ordinary Council Meeting 25 March 2021

ITEM 11.8 PROPOSED ROAD CLOSURE OF PART OF SWORDFISH DRIVE, VALLA BEACH BEING A COUNCIL PUBLIC ROAD ADJACENT TO LOT 226 IN DP 1260526

Working funds – justification for urgency and cumulative impact

Not applicable.

Service level changes and resourcing/staff implications

There is not anticipated to be any impacts on the resourcing and staff usage as it is the applicant’s responsibility to source a Registered Surveyor to carry out the work.

ATTACHMENTS: 1 13984/2021 - Proposed sketch showing part road closure

CO25032021SR_19.DOCX Page 104 of 104