Business Paper 19 August 2015 - Mid-Coast Council€¦ · WINNER OF THE 2015 TIDY TOWNS AWARD...

WINNER OF THE 2015 TIDY TOWNS AWARD

Business Paper

19 August 2015

Council Meeting

Commencing at 9.30am

Agenda Gloucester Shire Council Ordinary Meeting – 19 August 2015

Dear Councillor

I advise that the next Ordinary meeting of Council will be held on 19 August 2015.

Danny Green

General Manager

Meeting Day Notes:

2.00pm - A presentation and site tour have been organised at Yancoal’s Stratford

Mine (transport by way of Council vehicles). The visit will be hosted by

Mr John Cullen, Operations Manager, Stratford Mine.

AGENDA – 19 AUGUST 2015

ORDINARY COUNCIL MEETING

DECLARATION OF PECUNIARY OR NON-PECUNIARY CONFLICT OF

INTEREST (NATURE OF INTEREST TO BE DISCLOSED)

WELCOME TO COUNTRY

“We hereby acknowledge the original custodians of this land, the Worimi and Biripi peoples,

and pay our respects to Elders, past and present.”

ADDRESS FROM PUBLIC GALLERY

Members of the public who wish to raise matters from the Public Gallery relating to any

Agenda items, including Planning matters and Development Applications, and who have

made arrangements with the General Manager to do so, are advised that this section of the

Agenda will be considered at approximately 9.40am, following adoption of last month’s

Council meeting minutes.

APOLOGIES

CONFIRMATION OF MINUTES – Ordinary Meeting held 15 July 2015


MATTERS ARISING FROM MINUTE

NOTICE OF MOTION

1. Delegates Reports

REPORTS OF STAFF

2. Planning and Environment Report

2.1 Development Applications Approved for July 2015 ...................................... 1

2.2 Draft Integrated Mining Policy ....................................................................... 4

2.3 New Detached Dual Occupancy – Lot 8 DP 843681, 54 Irrawang Road, Gloucester ...................................................................... 83

2.4 Weed Management Activities ....................................................................... 96

2.5 Draft Gloucester Shire Council s94 Plan for Traffic Generating Development 2015 ..................................................................... 123

2.6 Waste Management Activities ...................................................................... 154

2.7 Mobile Food Vending Vehicle Policy ............................................................ 158

3. Finance Services Report

3.1 Investment Report as at 31 July 2015 .......................................................... 168

3.2 Quarterly Budget Review Statement to 30 June 2015 .................................. 171

3.3 2014-2015 Financial Statements Referred to Audit ...................................... 174


4. Technical Services Report

4.1 Proposed Closure of Crown Road off Manchester Road ............................. 177

4.2 Works Progress Report ................................................................................ 181

5. General Manager’s Report

5.1 Year End Report – Delivery Program 2012-2016 and

Operational Plan 2014/15 ............................................................................. 184

5.2 The Review into Local Government (Fit for the Future) and Gloucester

as a Sustainable Council .............................................................................. 189

5.3 Rocky Hill Project – On Hold ........................................................................ 196

5.4 Country Mayors Meeting............................................................................... 198

6. Committee Reports – Section 355 Committees

6.1 Minutes of the Environment and Planning Committee Meeting

held 1 April 2015 ........................................................................................... 201

6.2 Minutes of the Environment and Planning Committee Meeting

held 10 June 2015 ........................................................................................ 206

7. Government Circulars, Ministerials and Correspondence

8. General Business

Notice of Motion Gloucester Shire Council Ordinary Meeting – 19 August 2015

NOTICE OF MOTION

Cr Hoggett has proposed the following Notice of Motion:

Ethical Investment

Motion:

That Gloucester Shire Council review its investment policy to exclude investments that are

generally considered unethical and/or at risk of becoming stranded.

Background

Council invests money on behalf of its community. Those investments should be secure and

provide competitive returns. Council also has a responsibility to ensure that the investments do

not support activities that would be ethically questionable, or likely to foster community discord.

Examples of ethical investments include sustainable products, medical solutions, innovative

technology, responsible banking, healthcare, recycling, clean energy, energy efficiency,

education and aged care.

Ethical investments avoid gambling, weapons, tobacco, harmful products, products that are

associated with abuses of human rights and exploitation, and industries such as the fossil fuel

industry.

Ethical investment is not a new phenomenon. It dates back at least until 1758 when the

Quakers ruled out investing in the slave trade. The Responsible Investment Association

Australasia (RIAA) reported that ethical and sustainable investments in Australia grew 24% to

$31.6 billion in 2014.

Ethical investment generally provides returns that are competitive or better than unconstrained

investment. The 2015 RIAA Responsible Investment Benchmark Report observes that “Core

responsible investment Australian Equities funds strongly outperformed both the ASX300 and

average Large Cap Australian equities funds in all time periods across 1, 3, 5 and 10 years.”

Stranded investments are based on assets that are devalued or even converted into liabilities

due to unanticipated circumstances. This can be caused by transformation and innovation, the

so-called creative destruction of economic growth.

An example of an asset class that is at increasing risk of becoming stranded is fossil fuel assets.

There is general scientific consensus that the vast majority of the world’s fossil fuel reserves

cannot be burned if the world is to meet the internationally agreed climate commitments.

Increasing innovation and implementation of renewable energy generation is also offering viable

and advantageous alternatives to fossil fuels.

Matters Arising Gloucester Shire Council Ordinary Meeting – 19 August 2015

MATTERS ARISING AND

OUTSTANDING ACTIONS

Matters Arising

Minute No.

Subject Action Status

- - Dairy Operation Progress service of Order. Has been referred to Council’s legal representative

Outstanding Actions

Item No

Type

Meeting

Details

Action

By Whom

Response

1 Resolution 76/13

June 2013 Memorial to the late Jack Cook

Provision of a plaque

MPE MPE in discussions with NPWS

2. Resolution December 2014

Public river access in the Binderra area requested

Council continue to pursue

MTS Refer to report to August Council Meeting

Planning and Environment Report Gloucester Shire Council Ordinary Meeting – 19 August 2015

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2. Planning and Environment Report

2.1 Development Applications Approved for July 2015

Report Author: Planning & Environment Administration Officer

Responsible Officer: Manager Planning and Environment

Executive Summary

The General Manager and Manager Planning and Environment have delegated authority to

approve certain development applications and all others are approved by Council. All

development applications approved since the last meeting are listed hereunder for Council’s

information.

RECOMMENDATION

That the report be received and noted.

Detailed Report

DELEGATED

AUTHORITY

OR

COUNCIL

CONSENT

NO

Applicant SUBJECT LAND NATURE OF

DEVELOPMENT

Delegated-

PRIVATE

CERTIFIER

CDC

187/2014/02

Mr KB & Mrs LM

Lawson

Lot 334 DP 1158901

9 White Circuit

Gloucester

Modification to

Retaining walls

Delegated

CDC 201/2015

Mr BD & Mrs AC

Boyce

Lot 21 DP 718524

716 Bowman Farm Road

Bowman Farm

Additions to Dwelling


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Delegated-

PRIVATE

CERTIFIER

CDC 202/2015

Essential Pools

(Mr PE & Mrs

CM Beard)

Lot 41 DP 876221

2 Clarke Close

Gloucester

Inground Swimming

Pool

Delegated 2014/2394

Mr MJ Baker Lot 22 DP 835220

Upper Avon Road

Craven

Alterations & Additions

to Dwelling, Detached

Games Room & Pool

Delegated 2014/2398/02

Gloucester

Chamber of

Commerce

(Gloucester

Shire Council)

Lot 29 DP 262098

Church Street

Gloucester

Modification to

Advertising Sign

Council 2015/2416

Mr CL Marchant

(Mr CL

Marchant & Ms

LNW Anderson)

Lot 427 DP 192505

Bucketts Way East

Gloucester

New Dwelling

Delegated

2015/2421

Calco Surveyors

Pty Ltd

(Mr DJ & Mrs PJ

Burke)

Lot 42 DP 1143937

44-46 Argyle Street

Barrington

Subdivision

Delegated 2015/2424

CC01

Messrs J & AJ

Glew

Lot 24 DP 259524

18 Kendall Street

Gloucester

Carport & Additions to

Industrial Shed


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TOTALS

Total No for 1st July 2015 to 31st July 2015: 8

Total Value of works for July 2015: $ 368,900

Total No for 1st July 2014 to 31st July 2014: 13

Total Value of works for July 2014: $ 592,890

Alignment with Strategic Plan

This report enables Councillors to keep abreast of current levels of development activity.

Financial and Resource Implications

Nil.

Policy Implications

There are no policy implications in regard to this report.

Risk Considerations

There are no risk implications in regard to this report.

Statutory/Regulatory Considerations

Nil.

Attachments

Nil.


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2.2 Draft Integrated Mining Policy

Report Author: Manager Planning and Environment


Executive Summary

The Integrated Mining Policy is a whole-of-government project that aims to improve the

regulation of major mining projects as part of a wider plan to improve outcomes and strengthen

information available for communities affected by mining.

The New South Wales Government Department of Planning and Environment have recently

released the second stage of documents for the Integrated Mining Policy that will be on public

exhibition until 7 September 2015.

These documents include:

Annual Review Guideline;

Independent Audit Guideline;

Planning Agreement Guidelines for State Significant Mining projects;

Water Regulation and Policy Framework;

Web Based Reporting Guideline.

Council’s Planning and Regulatory Services have reviewed the guidelines and are generally in

support of the new proposals to require review, auditing and reporting for State Significant

Mining Projects. The guidelines provide a holistic approach to management of mining projects

post-operation and place the responsibilities of this approach on the mining operators.

However, MidCoast Water has expressed interest in making a submission on behalf of the

Sustainable Water Cycle Management Committee (SWCM). In this regard, Midcoast Water has

invited Council to be part of this submission as it relates to water management from a local

perspective.

RECOMMENDATION

That Council:

1. Agree to take part in the MidCoast Water submission on behalf of the Sustainable

Water Cycle Management Committee regarding the public exhibition of the Stage

2 documents prepared by the New South Wales Department of Planning for the

Integrated Mining Policy, specifically the Water Regulation and Policy Framework;

2. Endorse the comments above relating to water management from a local

perspective, as part of Council’s participation of the Stage 2 documents on


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exhibition of the Integrated Mining Policy Water Regulation and Policy

Framework;

3. Note and endorse that no further submissions will be undertaken in relation to the

Stage 2 documents on exhibition of the Integrated Mining Policy

Detailed Report

The Water Regulation and Framework Policy document has been released as part of Stage 2 of Improving Mining Regulation in NSW. This document provides an overview of the current legislative and policy framework applying to mining and petroleum developments in both exploration and production stages. This includes a summary of the agencies responsible for administering relevant Acts and Regulations in relation to water and the assessment considerations used when approving activities. Unlike other documents released by the Department of Planning and Environment as part of the Integrated Mining Policy, the Water Regulation and Framework Policy document does not introduce any new processes; it simply describes the existing arrangements in relation to water regulation and management. The following specific comments to be attached to the SWCM Committee submission included in relation to the documents on exhibition as part of Stage 2 are highlighted below:

1. One of the documented objectives of the Integrated Mining Policy is to ‘document and clarify Government requirements for the mining assessment process’. As such, it is important that where a supporting guideline, factsheet, manual etc. is referenced, a singular and correct referencing system is used to identify these documents that allow any person to search for and obtain copies of these documents. For example, Table 4 – Policy framework (surface water resources) of the Water Regulation and Policy Framework document identifies the Floodplain Development Manual as a supporting guideline. This is not an adequate means of referencing a technical document. There does not appear to be a clear system of referencing that would allow a community member to easily find copies of these documents.

2. There needs to be greater detail provided around the legislative framework as it relates

to Development permissible without consent (Part 5 Assessment). At the minimum there should be a reference to the ESG2: Guidelines for preparing a Review of Environmental Factors (http://www.resourcesandenergy.nsw.gov.au/__data/assets/pdf_file/0010/565966/ESG2-Guideline-for-Preparing-a-Review-of-Environmental-Factors.pdf) that provides clarity around this process. It should also clearly identify the state government agencies whose advice is sought during the assessment process, considering that there are no public submissions during a Part 5 Assessment.

http://www.resourcesandenergy.nsw.gov.au/__data/assets/pdf_file/0010/565966/ESG2-Guideline-for-Preparing-a-Review-of-Environmental-Factors.pdf

http://www.resourcesandenergy.nsw.gov.au/__data/assets/pdf_file/0010/565966/ESG2-Guideline-for-Preparing-a-Review-of-Environmental-Factors.pdf


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3. There is no mention of the role OEH provide for technical flood and water quality advice as part of an assessment process.

4. Although the assessment considerations in Table 2 – Assessment considerations are

indicative only as stated in the document, there is no mention of an assessment of potential impact to drinking water supplies as a result of changes to water quality. This should be a major consideration as part of an assessment of potential impacts of a development and as such should be listed in the table. Local government water supply authorities do not have the ability to provide comment as part of a Part 5 assessment process for development permissible without consent.

Table 7 – Water guidelines and policies, references the Australian Drinking Water Guidelines 2011 (ADWG) as supporting document that ‘may be used to understand any impacts on drinking water supplies and beneficial use of water’. The ADWG cannot provide a detailed assessment of potential impacts within a specific catchment, and the use of these Guidelines in such a way directly contradicts their intended use. The Framework for Management of Drinking Water Quality as described in the ADWG are required to be implemented in NSW in accordance with the Public Health Act 2010 and Public Health Regulation 2012 and provide for the creation of a risk based, catchment and system specific plan to manage impacts to water supplies. Water supply catchments outside of the Sydney Drinking Water Catchment should also be given an enhanced level of protection as part of the development assessment process, and the relevant water supply authority be consulted with on all development within a drinking water catchment. This ensures that water supply authorities can adequately monitor for and manage risks to drinking water supplies.

5. There is no reference to Petroleum Exploration Licence and Petroleum Production

Licences as they relate to water management. Produced water management plans are required as part of these conditions, and apply to the PEL or PPL area, which is often separate to the approved project area.

6. There is currently no provision for the regulated implementation of surface water and

groundwater monitoring programs to adequately identify and assess potential impacts to water quality and quantity as a result of existing and future developments. Individual assessments and approvals as described in the document are event based and specific to the aims of the legislation in which they are regulated under. For example; An Environmental Protection Licence issued by the EPA is focussed on prevention of pollution. Individual exploration approvals are also event focussed and do not consider risk based catchment management monitoring. If the overarching Part 4 (or Part 3A for existing projects) consent conditions do not require strategic comprehensive monitoring of surface and groundwater quantity and quality to identify potential impacts as a result of a development, then this is likely to be overlooked. The use of the ANZECC Guidelines (Australian and New Zealand Guidelines for Marine and Freshwater Quality) as they are intended as a management strategy and not just through the use of static trigger values for toxicants would assist in achieving this.

7. There does not currently appear to be an assessment of the potential for a development

to have a cumulative impact to water supplies as part of an approval process. While it may not be a requirement for a proponent to assess cumulative impact, this should be a consideration as part of the regulatory framework.


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8. The guidelines need to clearly define whether they apply to mining and petroleum activities or mining activities only. For example the Water Regulation and Policy framework document references the Petroleum Onshore Act 1991 and clearly states that it is applicable to mining and petroleum developments, however the Web Based reporting guideline and Annual Review guidelines do not. Does the Integrated Mining Policy apply to petroleum exploration and production?”

Alignment with Strategic Plan/Program

Direction Two: Protecting the environment

Objective1: Provide effective environmental management in the Gloucester region.

Strategy 1.1 Improve knowledge and understanding of environmental issues.

Objective 2: Manage environmental risks.

Strategy 2.1 Research, monitor and respond, as appropriate, to the long term and cumulative

impacts of resource extraction.


Nil.

Policy Implications

Nil.

Risk Considerations

Nil.


Nil.


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Attachments

1. Stage 2 Documents of the Integrated Mining Policy.


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2.


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3.


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2.3 New Detached Dual Occupancy – Lot 8 DP 843681 – 54 Irrawang Road Gloucester

Report Author: Environmental Health and Building Surveyor


Executive Summary

Council has received an application to construct a detached dual occupancy on Lot 8 DP 843681 – 54 Irrawang Road, Gloucester. The applicant is Mr R Jacobs and the owners of the property are Mr D D & Mrs K L Green. The application has been referred to Council for its determination as one of the owners, Mr D D Green, is employed by Gloucester Shire Council as the General Manager. Please find below a detailed assessment which recommends the application for approval. RECOMMENDATION That Council approve the proposed dual occupancy at Lot 8 DP 843681 – 54 Irrawang

Road, Gloucester subject to the attached conditions.

Detailed Report

Application Details Development Application No.: 2015/2427 Proposal: Detached Dual Occupancy Zoning: R5 Large Lot Residential Integrated Development: Not Applicable Referred to: MidCoast Water Council Departments Notification to Neighbours: Yes – 13/7/2015 to 27/7/2015 Advertising: Not Applicable The Site (a)(i) – The provisions of any environmental planning instrument (EPI)

State Environmental Planning Policies (SEPPs) No SEPPs apply to this proposed development.


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Local Environmental Plan (LEP) The Gloucester Local Environmental Plan 2010 applies to the proposed dual occupancy. A dual occupancy is permissible with consent within the R5 Large Lot Residential Zone as outlined in the Land Use Table within the LEP. The proposed dual occupancy meets the zone objectives of the R5 Large Lot Residential Zone. (a)(ii) – The provisions of any draft environmental planning instrument

No draft environmental planning instruments apply to this proposed development. (a)(iii) – Any development control plan

The proposed dual occupancy is consistent with all sections of the Gloucester Development

Control Plan 2010.

(b) – The likely impacts of the development Context and setting The proposed building is consistent with the existing surrounding rural residential setting. Access, transport and traffic Access to the proposed location exists. Council’s Technical Services Department has requested a car parking plan be submitted prior to the assessment of the Construction Certificate being undertaken. There will be an insignificant increase in traffic following the completion of this development. Services Adequate services exist on-site to service the proposed development. It will be necessary to submit an application to alter the on-site sewage management system prior to the release of the construction certificate. Heritage The proposed development has no impact on any heritage items or any heritage conservation areas. Natural Hazards There are no identified natural hazards located on the proposed site. Man-Made Hazards There are no identified man-made hazards located on the proposed site. Economic Impact in the Locality The proposed development has no economic impact. Social Impact in the Locality The proposed development will have a positive social impact within this locality.


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Other Land Resources As the use of the land is for residential purposes there will be no loss of land resources in the area. Pollution and off-site environmental effects The development will be required to implement erosion and sediment control measures during the construction of the building. Flora and fauna No impact. Noise and vibration The proposed development will not result in increased noise or vibration. Energy impacts The proposed development has an attached BASIX certificate which implements requirements to decrease the amount of water and energy used by the building. Site design and internal design The proposed building is of adequate design and will comply with the Building Code of Australia. Construction Conditions will be placed on the development consent to minimise the impact during construction on neighbouring properties. Cumulative impacts There are no cumulative impacts associated with the proposed development. (c) The suitability of the site for the development In terms of amenity, streetscape, traffic, hazards, servicing, heritage the proposed site is considered suitable for the development. (d) any submissions made in accordance with this Act or the Regulations Council notified the proposed development to adjoining property owners between 13/7/2015 to 27/7/2015 and received no submissions. (e) the public interest The proposed development is considered to be in the public interest. Developer Contributions – S94 & Water Supply Authorities Act, 1987 In accordance with Council’s recently adopted Section 94A Contributions Plan there a nil development contributions applied to development when the value of completing the development is less than $100,000. The proposed dual occupancy is valued at $80,000, therefore no contributions apply.


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MidCoast Water has applied their developer contributions which are payable prior to the release of a “Certificate of Compliance.” Financial and Resource Implications

There are no financial implications for Council in regard to this matter. Risk Considerations

There are no risk implications in regard to this report. Attachments

1. Proposed conditions

2. Plans


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GENERAL CONDITIONS OF THIS CONSENT

Development is to be in accordance with approved plans

1 The development is to be implemented generally in accordance with the plans and supporting

documents endorsed with the Council stamp, dated 11/08/2015 and authorised signature, and set

out in the following table except where modified by any conditions of this consent.

Plan No/Supporting Document Version Prepared by Dated

Statement of Environmental

Effects

Applicant 14/5/2015

Site Waste Minimisation Plan Applicant 14/5/2015

BASIX Certificate Ray Jacobs Carpentry 17/6/2015

Site Plan CalCo Surveyors 6/2/2015

Floor/Elevation/Site 150128 Warren Goodrich – Plan

Preparation

3/2/2015

Section/Electrical Plan 150128 Warren Goodrich – Plan

Preparation

3/2/2015

In the event of any inconsistency between conditions of this development consent and the plans/

supporting documents referred to above, the conditions of this development consent prevail.

Consent required for works within the road reserve

2 Consent from Council must be obtained for all works within the road reserve pursuant to Section

138 of the Roads Act 1993.

Council standard application form for consent for works on Public Land must be submitted to

council and approval given before any works may commence.

“ Application to undertake works on Public Land”

The works required within the road reserve are set out in the table below. The work must be

carried out in accordance with the standard specified in the column opposite the work. All works

are to include the adjustment and/or relocation of services as necessary to the requirements of

the appropriate service authorities.


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Compliance with Building Code of Australia and insurance requirements under Home Building Act

1989

3 All building work must be carried out in accordance with the requirements of the Building Code of

Australia as in force on the date the application for the relevant construction certificate or

complying development certificate was made.

In the case of residential building work for which the Home Building Act 1989 requires there to be

a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of

insurance is in force before any building work authorised to be carried out by the consent

commences.

This condition does not apply:

a to the extent to which an exemption is in force under clause 187 or 188, subject to the

terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or

b to the erection of a temporary building.

Notification of Home Building Act 1989 requirements

4 Residential building work within the meaning of the Home Building Act 1989 must not be carried

out unless the Principal Certifying Authority for the development to which the work relates (not

being the Council) has given the Council written notice of the following information:

a in the case of work for which a principal contractor is required to be appointed:

i the name and licence number of the principal contractor, and

ii the name of the insurer by which the work is insured under Part 6 of that Act,

b in the case of work to be done by an owner-builder:

Work Standard to be provided

Driveways

Residential Vehicle Crossing

Council standard application form for consent for works on Public

Land must be submitted to council and approval given before any

works may commence.

“ Application to undertake works on Public Land ”

In accordance with “Residential Vehicle Crossings - Standard Rural

Vehicular Crossings”.


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i the name of the owner-builder, and

ii if the owner-builder is required to hold an owner-builder permit under that Act, the

number of the owner-builder permit.

If arrangements for doing the residential building work are changed while the work is in progress

so that the information notified above becomes out of date, further work must not be carried out

unless the Principal Certifying Authority for the development to which the work relates (not being

the Council) has given the Council written notice of the updated information.

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO ISSUE OF A CONSTRUCTION

CERTIFICATE FOR BUILDING WORKS

On-site sewage management facility Section 68 approval required

5 An approval under Section 68 of the Local Government Act 1993 for the alteration to the existing

on-site sewage management system must be obtained from Council.

Parking details required

6 The application for a Construction Certificate is to include plans and specification that indicate

vehicular access from the site boundary to the proposed car space(s). Vehicular access must be in

accordance with AS 2890.1-2004: Parking facilities, Part 1: Off-street Car Parking No 1. Plans are

to include the following items:

a) pavement description; b) site conditions affecting the access; c) dimensions of parking spaces for both the existing residence and the proposed residential

unit. This shall include dimension in relation to buildings and existing driveway;

The plans must be in compliance with Council's Adopted Engineering Standard.

Provision of Certificate of Compliance

7 A Certificate of Compliance is to be received from MidCoast Water prior to the release of this

development for construction of dwellings, stating that satisfactory arrangements have been

made for the provision of MidCoast Water services to the development.

Compliance with BASIX Certificate

8 The Principal Certifying Authority (PCA) is to ensure that the proposed development is

constructed in accordance with the requirements of BASIX Certificate No 639848S_02, dated

11/08/2015. The Plans submitted for approval with the Construction Certificate must include all of

the BASIX Certificate commitments indicated in this certificate.


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Where changes to the development are proposed that may affect the water, thermal comfort or

energy commitments, a new BASIX Certificate may be required.

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO ANY BUILDING OR

CONSTRUCTION WORKS COMMENCING

Plumbing Standards and requirements

9 All Plumbing, Water Supply and Sewerage Works are to be installed and operated in accordance

with the Local Government Act 1993, the NSW Code of Practice for Plumbing and Drainage and

AS/NZS 3500 Parts 0-5, the approved plans (any notations on those plans) and the approved

specifications.

Residential building work

10 Building work that involves residential building work (within the meaning of the Home Building

Act 1989) must not be carried out unless the Principal Certifying Authority:

a in the case of work to be done by a licensee under that Act:

i has been informed in writing of the licensee’s name and contractor licence number, and

ii is satisfied that the licensee has complied with the requirements of Part 6 of that Act, or

b in the case of work to be done by any other person: i has been informed in writing of the licensee’s name and contractor licence number,

and ii has been informed in writing of the person’s name and owner-builder permit

number, or iii has been given a declaration, signed by the owner of the land, that states that the

reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in Section 29 of that Act, and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs.

Note: The amount referred to in paragraph (b) (iii) is prescribed by regulations under the Home

Building Act 1989. As at the date on which this Regulation was Gazetted that amount was

$5,000. As those regulations are amended from time to time, so that amount may vary.

A certificate purporting to be issued by an approved insurer under Part 6 of the Home Building

Act 1989 that states that a person is the holder of an insurance policy issued for the purposes of


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that Part is, for the purposes of this clause, sufficient evidence that the person has complied

with the requirements of that Part.

Erosion & sediment measures

11 Erosion and sedimentation controls are to be in place in accordance with Managing Urban

Stormwater - Soils and Construction Vol 1, 4th Edition prepared by Landcom.

Note: Council may impose on-the-spot fines for non-compliance with this condition.

Site construction sign required

12 A sign or signs must be erected before the commencement of the work in a prominent position at

the frontage to the site:

a showing the name, address and telephone number of the principal certifying authority for

the work, and

b showing the name of the principal contractor (if any) for any building work and a telephone

number on which that person may be contacted outside working hours, and

c stating that unauthorised entry to the work site is prohibited.

The sign is to be maintained while the building work, subdivision work or demolition work is being

carried out, but must be removed when the work has been completed. No sign is to have an area

in excess of one (1) m2.

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

Construction times

13 Construction works must not unreasonably interfere with the amenity of the neighbourhood. In

particular construction noise, when audible on adjoining residential premises, can only occur:

a) a Monday to Friday, from 7.00 am to 6.00 pm. b) b Saturday, from 8.00 am to 1.00 pm.

No construction work is to take place on Sundays or Public Holidays.

Builders rubbish to be contained on site

14 All builders rubbish is to be contained on the site in a ‘Builders Skips’ or an enclosure. Building

materials are to be delivered directly onto the property. Footpaths, road reserves and public

reserves are to be maintained clear of rubbish, building materials and all other items.

Measures to control stormwater runoff


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15 Measures must be put in place to control stormwater runoff. These control measures must be in

place prior to the commencement of works so as to prevent soil erosion and the transport of

sediment from the site into either:

a) adjoining land, b) natural drainage courses, c) constructed drainage systems, or d) waterways.

All disturbed areas must be stabilised and revegetated. Turfing or another approved seeding

method must be undertaken in each part of the development within 7 days of completion of

earthworks. Topsoil must be preserved for site revegetation. Details of sediment control

measures and revegetation works must be submitted to the Principal Certifying Authority for

approval prior to release of the Construction Certificate.

Glazing requirements

16 Glazing materials used in the building are to be selected in accordance with the provisions of

Australian Standard AS 1288 "SAA Glass Installation Code" and must comply with the

requirements of Australian Standard AS 2208 "Safety Glazing Materials for Use in Buildings

(Human Impact Considerations)" as required by the Building Code of Australia.

Windows must be constructed to comply with Australian Standard AS 1288 or Australian Standard

AS 2047. Written certification must be submitted to Council prior to occupation inspection to

confirm that glazing selection, manufacture and installation has been completed in accordance

with the relevant Australian Standards for the job specific project.

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO OCCUPATION OF THE BUILDING

Works to be completed

17 All of the works indicated on the plans and granted by this consent, including any other consents

that are necessary for the completion of this development, are to be completed and approved by

the relevant consent authority/s prior to the issue of an Occupation Certificate. The bond paid for

this application will be held until Council is satisfied that no further works are to be carried out

that may result in damage to Council’s road/footpath reserve.

Rural stormwater disposal

18 Stormwater must be collected and disposed of in a controlled manner such that stormwater flows

are:

a Clear of buildings and infrastructure,


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b Clear of effluent disposal areas, c Not concentrated so as to cause soil erosion, d Not directly to a watercourse, and e Not onto adjoining land.

On-site effluent management system must be completed

19 The on-site effluent management system is to be completed in accordance with approved plans

and current specifications and standards. The system is not to be used and/or operated until a

Council Officer has inspected the system and authorised its use.

Provision of Certificate of Attainment

20 A Certificate of Attainment is to be received from MidCoast Water prior to the release of this

development for occupation of dwellings, stating that satisfactory arrangements have been made

for the provision of MidCoast Water services to the development.

REASONS FOR CONDITIONS

1 To comply with the provisions of Gloucester Local Environmental Plan.

2 To provide adequate off street parking space for the anticipated traffic that will be generated by

the development.

3 To ensure the development is completed in accordance with conditions of consent and approved

plans.

4 To provide and/or maintain an adequate drainage network that will not cause damage to existing

or future development.

5 To ensure adequate access to and from the development.

6 To ensure that the land or adjoining land is not damaged by the uncontrolled discharge of runoff

of stormwater from any buildings and paved areas that may be constructed on the land.

7 To ensure adequacy of services to the development.

NOTES

Construction Certificate required

This development consent is issued under the Environmental Planning and Assessment Act 1979 and

does not relate to structural aspects or specifications of the building under the Building Code of


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Australia. All buildings and alterations require the issue of a Construction Certificate prior to works

commencing.

Occupation Certificate required

The building must not be occupied until the Principal Certifying Authority has issued an Occupation

Certificate.

Principal Certifying Authority

Work must not commence until the applicant has: a obtained a Construction Certificate from Council or private certifier,

b appointed a Principal Certifying Authority (if the Council is not the PCA),

c given the Council at least two days' notice of their intention to commence the erection of the

building. Notice must be given by using the prescribed ‘Form 7’, and

d notified the Principal Certifying Authority of the Compliance with Part 6 of the Home Building Act

1989.

Penalties apply for failure to comply with development consents

Failure to comply with conditions of this development consent may lead to an on the spot fine (generally $600) being issued pursuant to Section 127A of the Environmental Planning & Assessment Act 1979 or prosecution pursuant to Section 125 of the Environmental Planning & Assessment Act 1979.


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2.4 Weed Management Activities



Executive Summary

The Community Strategic Plan includes Council support or service delivery in functions relating

to weed management. This report is to advise Council of the status of actions and activities of

these services.

RECOMMENDATION

That Council receive and note this report.

Detailed Report

Weeds Officer

Background

The Weeds Officer is tasked with weed management activities as identified in Council’s

Community Strategic Plan in consultation with Local Land Services and Mid North Coast

Weeds/Hunter Weeds Committee. The Weeds Officer auspices grants received under the

Weeds Action Program and also ensures Council complies with relevant environmental

legislation. Activities that have been undertaken over the July/August 2015 period include:

Documented Property Inspections have been carried out adjacent to Bowman River

Road, Craven Plateau Road, Thunderbolts Way, Curricabark Road, Curricabark Dry

Road, Flat Top Road, Hunter Carters Road.

Completed updating Gloucester Shire Council’s Pesticide Use Notification Plan

(Attachment 1).

Completed Bindii and Broadleaf spraying program in Gloucester District Park, Cook

Park, Billabong Native Gardens, Urban Parks, Lawn Cemetery, Hay Court, King Street

Units and Administration Centre.

Attendance at monthly weeds officers meeting at Harrington.

Completed Year 5 of the Weeds Action Program (WAP) report (Attachment 2).


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As a result of the outcomes of the Review into Weed Management in NSW, Gloucester

Shire Council will now become part of the Hunter Weeds Committee which is aligned to

the Hunter Local Land Services. The Weeds Officer has attended meetings regarding

the switch from Mid North Coast Weeds Co-ordinating Committee to the Hunter Weeds

Committee. It is anticipated the new committee will be up and running by November

2015, where we will be operating under WAP 2 (Weeds Action Program 2015-2020), this

is where our grant funds come from.

Glenn Jonas from Taree Indigenous Development and Employment (TIDE) has been

working in the Barnard River and Bowman River catchments on Blue Periwinkle. This

project is funded by the Local Land Services through the Mid North Coast Weeds Co-

ordination committee. Glenn has also been treating vine weeds in riparian areas along

the Gloucester River at the rear of the District Park as well as helping Council on weed

related projects. This is funded by Working on Country through TIDE.

Gloucester Shire Council has received 600 copies of the updated version of the “Garden

Escapees & Other Weeds of Bushland & Reserves”. This was funded by Mid North

Coast Weeds Co-ordinating Committee and put together by Terry Inkston from Great

Lakes Council. Copies are available at the Administration Centre and Library.


Direction Two: Protecting the environment

Objective 1: Provide effective environmental management if the Gloucester Region

Objective 2: Manage environmental risks


These are budgeted functions.

Policy Implications

Policies such as the Gloucester Shire Councils Pesticide Use Notification Plan will apply to

specific functions.


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Risk Considerations

There are no specific risks associated with this report.


Council must have an up to date Pesticide Use Notification Plan.

Attachments

1. Gloucester Shire Council’s Pesticide Use Notification Plan.

2. Year 5 of the Weeds Action Program (WAP) Report.


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Gloucester Shire Council’s Pesticide Use Notification Plan July 2015

Published by: Gloucester Shire Council Administration Building 89 King Street GLOUCESTER NSW 2422 Address all mail to: General Manager

P.O. Box 11

GLOUCESTER NSW 2422

Phone: (02) 6538 5250 (switchboard)

Fax: (02) 6558 2343

Email: [email protected]

Website: www.gloucester.nsw.gov.au

July 2015

Revision History

No Issue

Date Revision Notes Prepared By

Approved

By

1

Update to weblinks, removed

references to Caravan parks and

camping grounds, amendments to

appendices 1 and 3.

Mark Tull Rebecca

Connor

mailto:[email protected]

http://www.gloucester.nsw.gov.au/


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PESTICIDE USE NOTIFICATION PLAN

1. INTRODUCTION This pesticide use notification plan has been prepared in accordance with the requirements of the Pesticides Regulation 1995 (the Regulation). The plan sets out how Council may notify members of the community of pesticide applications it makes or allows to be made to public places that it owns or controls. The aim of this plan is to provide information and consistent process in advising the

community about pesticide applications made to outdoor public places that are owned or

controlled by public authorities. The plan allows members of the community to be aware

of proposed pesticides use, and if appropriate, to take action to avoid or minimise contact

with those pesticides.

Council ensures that pesticides are applied to public places in accordance with

respective pesticide labels and/or off label permits in a safe, responsible manner. In turn

these processes will minimise any harm to the community or the environment.

The plan sets out how Council may notify members of the community of pesticide

applications made by Council to public places.

The plan describes:

what public places are covered under this notification process

who regularly uses these public places and an estimate of the level of use

how and when Council may provide the community with information about its pesticide applications in public places (i.e. what notification arrangements may be used)

how the community can access this plan and get more information about Council’s notification arrangements

how future reviews of the plan may be conducted

contact details for anyone wishing to discuss this plan with Council.

This plan forms a component of Council’s integrated pest management policy. This policy

states that Council only uses pesticides in public places when necessary to eliminate

noxious weeds, to protect public property from pest damage and to protect the users of

public places from nuisance or danger.

Generally, Council’s pesticide use consists of applying herbicides for weed control and

applying insecticides to manage certain insect pests. Frequency of programmed


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applications vary from site to site but range from 6–8 times per year for sports fields, 2–5

times per year for drains, parks and gardens and twice yearly for public thoroughfares.

Bait insecticides may be used for termite and ant control to protect structures and public

safety wherever this is considered an effective solution.

Other pesticides that may be used include fungicides, rodenticides, bird baits and large

vertebrate baits.

Further information on Council’s pesticide use may be obtained by calling Gloucester

Shire Council on 6538 5250 or by visiting the website www.gloucester.nsw.gov.au

2. PUBLIC PLACES COVERED BY THIS PLAN

Council proposes to use or allow the use of pesticides in the following categories of

outdoor public places within this Council’s local government area:

parks and public gardens playgrounds

picnic areas sporting fields and ovals

road verges and reserves laneways, pathways and bridges

easements accessible to the public drains and wetlands

waste management sites other areas as required

This plan will also provide information on how notification of activities may be provided to

the community of pesticide use in the interiors of the following council buildings:

council chambers libraries community halls/centres

swimming pool buildings kiosks public toilets

sports field facilities bus shelters aquatic centres

childcare facilities

3. EXISTING COMMUNITY USE

Council’s estimate of the level of community use, and regular user groups for each of

these public place categories is summarised in the following table. This assessment of

use is done to establish the type of notification that may be required in each area.

Although not required by the Regulation, a summary of the type of pesticides that may

possibly be used in each category of public place is also provided.



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Public places owned or controlled by Council

Regular user groups

Level of use of public place

Type of pesticide applications that may possibly be made

a) Public

parks

and gardens

children and young families

mature people

local residents

general recreational users (e.g. joggers, dog-walkers, picnickers).

very high

(frequent use

by multiple

users, with

short to

medium

length

stays)

spot herbicides

spot insecticides

broad scale herbicides

broad scale insecticides

fungicides

spray termiticides, ant control

bait termiticides, ant control

b)

Playgrounds

children

young families

local residents

high spot herbicides

spot insecticides

spray ant control

bait ant control

c) Picnic

areas

families

local residents

other social groups (e.g. ethnic, religious, clubs)

high

(particularly

on weekends,

public

holidays, and

school

holidays)

spot herbicides

spot insecticides

fungicides



d) Sporting

fields, ovals

and related

sporting

facilities

sporting clubs and associations

school sports groups

general recreational users (e.g. joggers, dog-walkers)

high spot herbicides

spot insecticides



fungicides



rodenticides near facilities

e) Swimming pool buildings and grounds

children and young families

mature people

general recreational users

local residents

visitors to the area

high

(seasonal)

spot herbicides


rodenticides near facilities

spot insecticides

bait insecticides


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Regular user groups



f) Waste management centres

general members of the public

mature people

local residents


medium to

high

spot herbicides

spot insecticides

bait insecticides



fungicides



rodenticides

large vertebrate baits

g) Council laneways, pathways and bridges

local residents

people who work in the area


medium to

high

spot herbicides


h) Road

shoulders,

verges, road

reserves and

footpaths

local residents or visitors walking or driving on the road

low for rural

roads;

medium to

high for urban

roads

spot herbicides


i) Easements

accessible to

the public

(specifically

road, sewer or

electricity)

local residents or visitors who walk or drive past the easement

people who work in the area

low to

medium

spot herbicides


j) Council

drains and

wetlands

local residents living adjacent to a drain or wetland.

local residents or visitors who walk or drive past the drain or wetland

low to

medium

spot herbicides


spot insecticides

bait insecticides

broadscale insecticides


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Regular user groups



k)Interiors of public buildings

library users (including young children, school groups and the elderly)

young children and their carers (childcare facilities)

parents groups/playgroups

community associations

church groups



high spot insecticides

bait insecticides



rodenticides

l)other areas (i.e. bushland areas)

general recreational users (e.g. joggers, dog-walkers, bushwalkers)


local residents

low to

medium

spot herbicides




large vertebrate baits

4. NOTIFICATION ARRANGEMENTS

This section of the plan describes how and when Council may provide notification of

pesticide use in public places. Notification processes may become more stringent where

the chemicals used are thought to pose a greater risk to the community.

These notification arrangements are based on Council’s assessment of:

the effect on humans, pesticide use will have when using Council assets

type of pesticide used

the level of usage of public places where and when pesticides may be used

the extent to which members of the public who are most likely to be sensitive to pesticides (e.g. young children, sick, pregnant or mature people) and are likely to use these areas regularly

the extent to which activities generally undertaken in these areas could lead to some direct contact with pesticides (such as picnic areas where food is consumed; sporting or other recreational activities that result in contact with the ground)


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Notification of pesticide use may be given by one or more of the following methods where

appropriate:

signs newspaper public notice

information on Council’s website letters

information on community notice board email

letterbox drops door knocking

phone/fax personal contact

Council may also allow persons and organisations to nominate to have their details

placed on a central register of chemical sensitivity. This would allow those registered to

be notified personally, of certain types of pesticide uses in particular places, as described

in this section of the plan.

a) Outdoor and recreation areas The notification arrangements described below may apply to the following public place

categories and types of application, made on areas owned or controlled by Council within

the local government area (LGA):

public parks and gardens

playgrounds

picnic areas

swimming pool buildings and grounds

waste management centres



broad scale fungicide

pest animal baits

aerial boom spraying

spray termiticide and ant control

bait insecticides

spot herbicides

spot insecticides

bait termiticide and ant control

bait rodenticide

(See appendix 4 Public

notification for owners,

strata managers and

property managers)

(see Appendix 1 Public

notification of the use of

1080 pest animal baits)

(see Appendix 2 Public

notification when aerial

boom spraying weeds)

(see subsection d) No

notification given)

In these public places, signs may be provided to the general community near the

application area or main entrance immediately prior to pesticide use, and may remain in


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place at least until the operation is completed. When foliage is sprayed, signs may

remain at least until the pesticide has dried. Signs will be left in place where the

pesticide label, permit or Pesticide Control Order requires a longer period of notification.

For sporting fields, ovals and related sporting facilities, apart from the above measures,

sporting groups may also have a notice of the above pesticide uses faxed or e-mailed at

least 24 hours prior to application.

b) Outdoor public thoroughfares and certain easements

The notification arrangements described below may apply to the following public place



laneways, pathways and bridges

road shoulders, verges, road reserves and footpaths

drains and wetlands


spot herbicides (see subsection d) No notification given)

In these public places, Council may publish a notice in a newspaper circulating in the

locality of the roads 2 days prior to the application of the herbicide(s). The notice may

contain the following details:

what herbicide(s) is to be applied,

a general area for the application

a month or date range when the herbicide(s) is to be applied,

contact number where information can be obtained.

If no advertisement appears in the local weekly paper for whatever reason, signs may be

provided to the general community near the application area or attached to the vehicle

applying the chemical immediately prior to and during the pesticide use, and may remain

in place at least until the operation is completed. Signs will be left in place where the

pesticide label, permit or Pesticide Control Order requires a longer period of notification.

For Drains and wetlands only, see Appendix 3. Public notification when spraying

weeds in drains.

c) Interiors of public buildings


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The notification arrangements described below may apply to the following public place



Council Chambers

Libraries

Community halls/centres and

Childcare facilities

swimming pool buildings

kiosks

sports field facilities

bus shelters

public toilets

broad scale use of insecticides

bait rodenticides

spray termiticides and ant control

In these public places, signs may be provided near the application area or at the main

entrance immediately prior to pesticide use and may remain in place at least until the

operation is completed. Signs will be left in place where the pesticide label, permit or

Pesticide Control Order requires a longer period of notification.

d) No notification given

At times, Council uses small quantities of some pesticides that are readily available at

retail outlets to the general public for the control of pests for which they are registered.

Council will not provide notification for the following pesticide uses in any of the public

places it controls or owns other than by way of this description in this plan:

small quantities (less than 20 litres of “ready-to-use’ spray mix) of glyphosate and metsulfuron herbicides applied by a knapsack, hand-held applicator, cut-and-paint or stem injection techniques.

minor control of indoor and outdoor pests using baits or insecticides applied by aerosols, a knapsack, hand-held applicator or by injection techniques.

e) Sensitive places

Clause 11J(1) of the Pesticides Regulation defines a sensitive place to be any:

school or pre-school kindergarten

childcare centre hospital

community health centre nursing home

places of persons or organisations who are listed on a chemical sensitive register as held by Council (See paragraph below for details on how to register)

places declared to be a sensitive place by the Environment Protection Authority (EPA) – now a part of the Department of Environment and Conservation (DEC).


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Where any pesticide uses occur adjacent to sensitive places, the occupiers may be

provided with 24 hours prior targeted notice by phone, fax, mail or letterbox drop

(whichever Council deems as most practicable).

For non-emergency reactive pesticide use in outdoor public places next to sensitive

places, Council may provide concurrent notice to the occupier by phone, fax, e-mail,

door-knock or letterbox drop, (shortly before use).

If a pesticide must be used to deal with an emergency in an outdoor public place that is

adjacent to a sensitive place, Council may organise a door-knock in that sensitive place,

preferably at least 30 minutes before hand. This will allow people to be aware that a

pesticide is about to be used.

Persons and organisations who are sensitive to pesticides either for health reasons or

because of organic status, may indicate to Council in writing, their need and reason to be

included on a chemical sensitivity register. Each claim must be substantiated by a

doctor’s certificate outlining the specific chemicals they are sensitive to, or a copy of any

organic and bio-dynamic certification issued by the Biological Farmers of Australia group.

5. WHAT INFORMATION WILL BE PROVIDED In accordance with clause 11L(2)(g) of the Pesticides Regulation, notice of pesticides uses will include the following information:

the full product name of the pesticide to be used, and

the purpose of the use, clearly setting out what pest or pests are being treated, and

the proposed date or date range of the pesticide use, and

the places where the pesticide is to be used, and

contact telephone number and email address of the Council officer who people can contact to discuss the notice, and

any warnings regarding re-entry to or use of the place, if specified on the pesticide product label or the APVMA

1 permit. the proposed date/s or date range of the

pesticide use.

Signs may be of a standardised design that are easily recognised by the public and

workers.

1 The Australian Pesticides and Veterinary Medicines Authority (APVMA), the national government body responsible for assessing and registering (or otherwise approving) all pesticide products in Australia and for their regulation up to and including the point of retail sale.


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6. HOW THE COMMUNITY MAY BE INFORMED OF THIS PLAN Council may advise residents of the contents of this plan by:

making a copy of the plan available for public viewing free of charge in Council’s Library and Administration office at King Street, Gloucester during office hours

placing a copy of the plan on the Council website at www.gloucester.nsw.gov.au

placing a notice in the Gloucester Advocate.

7. FUTURE REVIEWS OF THE PLAN The notification plan may be reviewed every 5 years. The review may include:

a report on progress of implementing the plan

placing the plan on public exhibition, with any proposed changes and calling for public submissions

in the light of public submissions, making recommendations for alterations (if applicable) to the plan.



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8. CONTACT DETAILS Anyone wishing to contact Council to discuss the notification plan or to obtain details of

specific details of pesticide applications in public places should contact:

Gloucester Shire Council

Administration Building

89 King Street

GLOUCESTER NSW 2422

General Manager

P.O. Box 11

GLOUCESTER NSW 2422

Phone: (02) 6538 5250 (switchboard)

Fax: (02) 6558 2343

Email: [email protected]

Website: www.gloucester.nsw.gov.au

mailto:[email protected]



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APPENDICES

Appendix 1. Public notification of the use of 1080 pest animal baits

Appendix 2. Public notification when aerial boom spraying weeds

Appendix 3. Public notification when spraying weeds in drains

Appendix 4. Public notification for owners, strata managers and property managers

Appendix 5. Sample Pesticide warning sign

Appendix 6. Sample Pesticide notification letter


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Appendix 1. Public notification of the use of 1080 pest animal baits

The conditions of use of 1080 for the control of foxes, wild dogs, feral pigs or rabbits in NSW is specified in various Pesticide Control Orders (PCOs) issued under the NSW Pesticides Act 1999. Notification of 1080 use by Gloucester Shire Council will comply with the requirements specified in the relevant PCO as well as any additional requirements of the Pesticides Regulation 1995 not included in the PCO (see below).

The notification procedure outlined below, addresses the requirements in the Pesticide Control (1080 Liquid Concentrate and Bait Products) Order 2010 and the Pesticides Regulation 1995. It is extracted from Schedule 2 of the PCO for the “Use of ACTA 1080 Concentrate product or PAKS 1080 Concentrate product for control of foxes in rural and urban bushland areas”. The numbers 6 through 8.4 are the numbers in this PCO.

6. PUBLIC NOTIFICATION

A person authorised to use 1080 fox bait under clause 9 of this Order must notify certain persons of the use of 1080 fox baits in accordance with the following conditions:

6.1 A person must not lay any 1080 fox baits on any land unless the person has first given a minimum of three (3) days notice of the date on which they will lay 1080 fox baits. This notice must be given to the occupier, manager or authorised agent of every property which has a property boundary within one (1) kilometre of a baiting location (“notification”).

6.2. The notification may be given by telephone, email or in person, or, where this is not possible, by mail (including letter box drop). If notification cannot be made by telephone, email, personal contact or mail, or the number of persons to be notified is more than twenty five (25), then notification may be made by advertisement in a local newspaper. Likewise for large group baiting programs (more than 25 participants) organised or approved by an Authorised Control Officer, notification may be via advertisement in a local newspaper.

6.3 The use of 1080 fox baits may be conducted for longer than seven (7) days but must commence within ten (10) days of this notification otherwise further notification of intended baiting is required.

6.4 Where baiting programs are ongoing notification must be given every six (6) months.

7. EMERGENCY BAITING (Ground application only)

A person authorised to use 1080 fox bait under clause 9 of this Order may undertake emergency baiting, but only in accordance with the following conditions:


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7.1 A person whose livestock are being attacked may lay 1080 fox baits (by way of ground baiting only) without the need to comply with condition 6.1 (3-day prior neighbour notification). A person who undertakes emergency baiting must, however, notify each landholder whose property boundary lies within one (1) kilometre of a baiting location before laying any 1080 fox baits. A person who undertakes emergency baiting may lay up to fifty (50) 1080 fox baits but only with the prior approval of an Authorised Control Officer.

7.2 A person who undertakes emergency baiting must comply with all requirements in relation to the use of 1080 fox baits, except as provided for in condition 7.1.

8. 1080 POISONING NOTICES

A person authorised to use 1080 fox bait under clause 9 of this Order must erect notices in accordance with the following conditions:

8.1 A person who uses 1080 fox baits must erect notices before laying 1080 fox baits on any land. These notices must remain up for a minimum of four (4) weeks after the last day of baiting. Notices must be placed:

(a) at every entry to the baiting location; and

(b) at the main entrance to a private property or holding where baiting is undertaken; and

(c) at up to five (5) kilometre intervals along all public thoroughfares which border or pass through the baiting location.

8.2 The notices must specify the following:

(a) that 1080 fox baits are being laid on this property; and

(b) the dates on which 1080 fox baits are first laid or the dates between which baits will be laid; and

(c) contact details of the person who will lay the 1080 fox baits; and

(d) a warning that non-target animals may be affected.

8.3 Under the Pesticides Regulation 2009 (clauses 19 to 23) public authorities have additional public notification obligations that must be complied with. There are also other notification requirements in the Regulation.

8.4 1080 Poison Notices may be obtained from Authorised Control Officers.


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Appendix 2. Public notification when aerial boom spraying weeds

i. Public notice

A public notice must be placed in a local newspaper during the month preceding the proposed

operation to notify the public of:

the area proposed to be sprayed and the reserve/beach/road/track closures; that these areas will be patrolled and cleared of people prior to spraying; and possible traffic delays

proposed dates and anticipated duration of the spraying operation

the agency/council undertaking the operation

the full product name of the herbicide to be used (as per the label/APVMA Permit)

purpose of the application (i.e. to control Bitou bush)

any warnings regarding re-entry to the place of application specified on the product label or the APVMA permit for use

a hotline or contact number. In addition, local radio announcements should be broadcast one week before and on the

morning of the spraying operation.

ii. Signage

Signs will be placed on all roads, trails and tracks which give access to the treated area. The

signs will be put up at least 24 hours before the spraying operation. Signs should contain the

following information:

prior to the spray operation, the words “Planned aerial spraying of Bitou bush in this area” [Closure of a reserve/beach/road/track - see (iii) below: the words “Warning – No Entry – Aerial spraying of Bitou bush in progress”]

full product name of the herbicide as listed on the label/APVMA Permit

purpose of the application (i.e. to control Bitou bush)

who is undertaking the operation (i.e. the agency coordinating the spray program and not the contractor e.g. Gloucester Shire Council)

map of the proposed area to be treated

the place name at which the herbicide is to be applied

a statement that access to the area marked on the map will be closed to the public during the spray program [Closure of a reserve/road/track - see (iii) below: signs should contain a statement that visitors are advised not to enter areas marked on the map during the times outlined on the sign].

proposed date/s and times (starting time – finishing time); the exact date will depend on various factors and thus the sign must specify a range of proposed dates

contact details for inquiries (name and telephone number)


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any warnings regarding re-entry to the place of application specified on the product label/APVMA Permit.

All warning signs should be removed from the treated area the day after the spraying program.

iii. Closure of public areas

Protocols are needed to notify people who use the areas to be sprayed (i.e. reserves, roads and

walking tracks). Signs notifying of reserve/road/track closure due to the impending spray

operation must be put up on all access roads and at the proposed helipad site at least one week

before the proposed aerial spraying operation. All warning signs should be removed from the

treated area the day after the operation.

iv. Notification prior to pesticide application within 150 m of a dwelling, school premises,

factory premises or another public place

Gloucester Shire Council must notify and obtain the written consent from the occupier or person

in charge of any dwelling, school premises, factory premises or another public place (excluding

roads, travelling stock reserves and State Rail land), prior to applying pesticides within 150 m of

that dwelling, school premises, factory premises or another public place. Such notification will

include all information specified in section 4 of this plan. Gloucester Shire Council must keep a

record of the notification provided and a copy of the written consent from the occupier.


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Appendix 3. Public notification when spraying weeds in drains

The conditions of use of herbicides for weed control in drains is specified in the Environment

Protection Licence (EPL) 11346 maintained by Gloucester Shire Council, issued under the

Protection of the environment operations act 1997. Council will comply with the requirements

specified in the relevant operating conditions as well as any additional requirements of the

Pesticides Regulation 1995 not included in the “Licence to Pollute” operating conditions. (see

below).

The following information is extracted from Section 4 of Council’s Environmental Protection

Licence (EPL) 11346.

01.2 This licence authorises the use of products approved by the Australian Pesticides and Veterinary Medicines Authority (APVMA)for use in or over water(s) for the control of aquatic weeds, provided that the product is used in strict accordance with the current APVMA approved label or minor use permit and that the approved label or minor use permit allows the use of the product in or over water(s).

03.1 The Licensee must take all reasonable steps to warn users of waters in the vicinity of the herbicide(s) application about any risks to human health or of harm to the environment which may arise from the application of herbicide(s) in the waters.

03.2 At minimum, the Licensee must at least 2 days prior to the application of the herbicide(s) in the waters, give written notification to any occupier of the waters or any occupier of land adjacent to the waters into which herbicide(s) are to be applied, of the Licensee’s intention to apply herbicide(s) in the waters which include at a minimum the following details:

a) what herbicide(s) is to be applied, b) when the herbicide(s) is to be applied, c) a warning not to use, drink or swim in the water until further notice, d) that further information can be obtained from the Licensee, and e) the Licensee’s name and contact phone number.

03.3 At minimum, the Licensee must at least 2 days prior to the application of the herbicide(s) in the waters, publish a notice in a newspaper circulating in the locality of the waters of the Licensee’s intention to apply herbicide(s) to the waters which includes at a minimum the following details:


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a) what herbicide(s) is to be applied, b) when the herbicide(s) is to be applied, c) a warning not to use, drink or swim in the water until further notice, d) that further information can be obtained from the Licensee, and e) the Licensee’s name and contact phone number.

Note: It is for the licensee to determine what other reasonable steps it may need to take to warn

other water users of any risks to human health or of harm to the environment which may result

from the application of the herbicide(s) in the waters and to prevent such injury or harm from

occurring.


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Appendix 4. Public notification for owners, strata managers and property managers.

The conditions of use of pesticides applied by a licensed pest management technician is

specified in the Environment Protection Authority (EPA) “industry guidance fact sheet” issued to

Gloucester Shire Council.

Council will comply with those requirements specified, over and above the general

arrangements outlined in this plan.

The following information is extracted from the EPA “industry guidance fact sheet” Pesticides

Notification – Owners, Strata Managers and Property Managers.

For what kinds of pest treatments do I need to provide notice to residents?

Under the amended Pesticides Regulation 1995, you need to provide residents with at least 5

working days’ notice when you organise a pest management technician to treat the common

areas of multiple occupancy residential complexes. Common areas include pathways, gardens,

lawns, foyers, hallways, share laundries, car parks, roof cavities and sub-floor areas.

Multiple occupancy residential complexes include units, flats, townhouses and villas with 3

or more residences. They include caravan parks with long-term residents. These rules do not

apply to dual occupancies, duplexes or to single residences.


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Appendix 5. Sample Pesticide warning sign


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Appendix 6. Sample Pesticide notification Letter

The Resident Contact: [Council Officer]

Telephone: 65917[xxx]

Dear Resident

NOTIFICATION OF PESTICIDE APPLICATION

Please be advised Gloucester Shire Council will be undertaking pesticide controls in the vicinity

of your property with regards to the following:

Target Pest: ................................................................................................................................


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Proposed date(s): ......................................................................................................................

Location: .....................................................................................................................................

Product Name: ...........................................................................................................................

Warnings/special requirements: ...............................................................................................

.....................................................................................................................................................

.....................................................................................................................................................

.....................................................................................................................................................

Should you require further information regarding this matter please contact Council’s [officer

name & title]

Yours faithfully

[Council Officer}


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2.5 Draft Gloucester Shire Council s94 Plan for Traffic Generating Development 2015



Executive Summary

Council, at its meeting of 20 May 2015, resolved to further workshop the draft s94 Haulage

Contributions Plan prior to endorsing the draft Plan for exhibition. The purpose of this report is

to advise Council on the outcomes of that workshop, held 12 August 2015, including the

recommendation for the placement of the draft s94 Plan for Traffic Generating Development

2015 (Attachment 1) on public exhibition.

It is proposed to place the draft Gloucester Shire Council s94 Plan for Traffic Generating

Development 2015 on public exhibition for a period of 28 days, in accordance with Division 1C,

Clause 26(4) of the Environmental Planning & Assessment Regulation, 2000.

RECOMMENDATION

Council place the draft Gloucester Shire Council s94 Plan for Traffic Generating

Development 2015 on exhibition for a period of 28 days.

Detailed Report

Section 94 & Section 94A of the Environmental Planning and Assessment Act 1979 allows

Councils to levy developers for contributions towards public amenities and services required as

a consequence of development. The s94 and s94A Contributions Plans are public documents

that outline the process for collecting, administering and spending the funds.

The review of Council’s current s94 & s94A Plans is an action identified in Council’s Delivery

Program and Operational Plan. It was considered that Council’s current plans are somewhat

outdated, difficult to interpret and fail to attract and enhance development/economic growth

opportunities within the Shire.

In undertaking the review, it was also identified that Council did not have a s94 Plan for Traffic

Generating Development and as such, was missing an opportunity to provide a mechanism for

a user pay system that is fair and equitable. On-going traffic generation from heavy haulage

vehicles causes significant deterioration on local roads. Many other Local Councils, such as

Port Stephens, Richmond Valley, Ballina, Yass Valley and The Hills apply a s94 Heavy Haulage


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Plan to operators of industries such as gravel and sand mines/quarries to reduce the burden of

infrastructure maintenance on the ratepayer. Furthermore, as only one plan can be applied to a

development, the application of the s94 Plan for Traffic Generating Development provides a

mechanism for a new business to spread its costs across its operations as opposed to an

upfront s94A contribution payment.

Following from the workshop, the proposed plan has been renamed to better reflect its intended

use, and some revisions have occurred to the works program within the draft plan.


The review of Council’s current s94 & s94A Plans, and subsequent replacement with the

proposed s94 Plan for Traffic Generating Development is consistent with the following

Directions in the Gloucester Community Strategic Plan:

Direction 1 Maintaining core infrastructure

Direction 3 Creating a strong economy


The proposed s94 Plan for Traffic Generating Development will be applied to a range of

developments that have the potential to impact on the road network, which should compensate

for the actual damage to the road pavement that occurs as a result of heavy haulage activities.

Policy Implications

While the Environmental Planning & Assessment Act, 1979 and the NSW Department of

Planning Development Contribution Practice Notes set out how a Planning Agreement should

be made and implemented, it is good practice for Council to adopt a set of Policies surrounding

the procedures for negotiation and implementation of Planning Agreements.

Council, at its meeting of 15 July 2015, has adopted a s94A Contributions Plan, a Planning

Agreement Policy and a Works in Kind & Material Public Benefit Policy to support the proposed

draft s94 Plan for Traffic Generating Development 2015.

These policies are publicly available to any developer proposing to enter into a Planning

Agreement with Council. The Policies include clear steps for Council, Council staff and the

developer to follow during the negotiation, preparation and adoption process.


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Attachments

1. Draft Gloucester Shire Council s94 Plan for Traffic Generating Development 2015.


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GLOUCESTER SHIRE COUNCIL

SECTION 94 PLAN

FOR TRAFFIC

GENERATING

DEVELOPMENT

2015

Adopted by Council on #

Operational from #


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Contents

Part 1 Executive Summary 2

Part 2 Administration 8

Part 3 Expected Development & Facilities Demand

for Public Facilities

Part 4 Strategy 16

Part 5 Definitions, References, Appendices and Schedules 22

Disclaimer:

Any representation, statement or opinion or advice expressed or implied in the

document, is made in good faith, but on the basis that Profitable Property Enterprises

Pty Ltd, its directors or employees, are not liable to any person for any damage or

loss whatsoever, which has occurred or may occur, in relation to that person taking

(as the case may be) action, in respect of any representation, statement or advice

referred to above.

Copyright:

The information contained in this document is the express Copyright of Profitable

Property Enterprises Pty Ltd. The use, copying or altering of this document without the


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express written permission from Profitable Property Enterprises Pty Ltd constitutes a

breach of Copyright.

© 2015 – Profitable Property Enterprises Pty Ltd.

PART 1 Executive Summary

Gloucester Shire is located in handy proximity to population centres on the Mid

North Coast and the Hunter and is renowned for its wild ranges and rivers. Our

national parks have received World Heritage listing and draw thousands of visitors to

our region. Our rivers sustain community water supplies in four local government

areas. The shire covers approximately 3000 km2 and is home to some 5200 people.

The main population centre is the town of Gloucester, with five rural villages at

Stratford, Barrington, Craven, Bundook and Copeland. A modest population

growth is forecast over the next 10 years.

Gloucester’s $250 million economy was founded on agricultural enterprise and this

continues to be a strong source of income today, however it is growing and

changing at a steady pace. Although our traditional agricultural industries still play

a major role in providing jobs and income, new enterprises are also emerging. The

retail and service sector has seen encouraging growth and there is increasing

benefit from “lifestyle farming”, tourism activities and resource extraction.

In order to achieve long-term financial sustainability for our region we need to be

prepared for the transition in our economy and ensure that those who benefit from

our resources also contribute to the wellbeing of our community. It is therefore vital

that ratepayers are not burdened by the costs of infrastructure generated by new

development. This Plan aims to provide a basis for the levying and collection of

development contributions for the ongoing maintenance and upgrade of existing

roads, and the provision of new roads and associated works. Contributions will be

sought where a nexus can be established between ongoing heavy vehicle

movements resulting from development, and the need for new roads and/or

additional maintenance, due to resulting deterioration on the road network. The

Plan will enable appropriate and accountable financial management of income

derived from developer contributions in accordance with the provisions of Section

94 of the Environmental Planning and Assessment Act 1979, and Part 4 of the

Environmental Planning and Assessment Regulation 2000.

Projected Development

The Gloucester Shire Council Housing Development Strategy 2006, indicated that

sustained and significant population growth for the Shire is likely in the thirty-year

period from 2001 to 2031 (an estimated population of 7080 people by the year 2031,

which represents an average annual growth rate of 1.5% or a net increase of 2,240


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persons*). The impact will diminish the existing population’s enjoyment and standard

of public facilities and infrastructure unless additional facilities (or augmentation of

existing facilities) are provided to meet the additional demand.

As part of this population growth there will be an associated growth in non-

residential development, some of which will be in the form of traffic generating

development. This increase in development will create the demand for new and

augmented road works including:

• New and upgraded road, culvert and bridge works

• Traffic Management Facilities

• Shared pathway works

To cater for this increased demand for public facilities and infrastructure Council

proposes to carry out the works in Schedule 3, which are in addition to the works

identified in Councils other Development Contributions Plans.

Schedule 3 identifies the public amenities or services to be provided, recouped,

extended or augmented by contribution monies derived by this plan. The delivery of

these works will be prioritised in line with Council’s Annual Operational Plans.

*Source: Gloucester Shire Council Housing Development Strategy 2006

Infrastructure Funding and Asset Maintenance

Gloucester Shire Council’s operations cover a wide range of activities. Infrastructure

management - maintaining our roads and bridges - remains a major focus, with

some 40% of Council’s income directed to road maintenance and nearly half the

council workforce engaged in fixing roads.

Council derives its income from a number of sources including rates, fees and

charges, government grants, loans, return on investments and contributions from

developers. Although a large proportion of funds are currently allocated to road

works, substantially more is required to maintain our roads and bridges to an

acceptable standard.

All councils have felt the escalating costs of providing services over recent years as

well as an expectation to provide a broader range of services. At the same time

income levels to fund services have not kept pace. Not only have Councils rates

been pegged to CPI, but State and Federal Governments have shifted costs to local

government and decreased the funding disbursements that are crucial to the

ongoing viability of local government. This continued decline in other sources of

funding is almost certainly going to continue into the foreseeable future. The recent


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federal budget decision to freeze the indexation of federal grants will cost Australian

councils an estimated $925 million by 2017-18. Like many smaller rural and remote

councils the impact will hit Gloucester hardest. We will continue to lobby for the

value of FAGs to be restored to a level equivalent to one percent of tax revenue,

the level they were at in 1996. In recent years the value has slipped to 0.7 percent,

but by 2017-18 that figure will have fallen to just 0.53 percent. Until now Council has

managed these declines in funding by implementing efficiencies. While Council

operations and efficiency savings have gone some way to maintaining service levels

in the face of decreased income, Council has also had to postpone important

operational and capital works. This has led to a backlog of work required to

maintain services at levels outlined in the Community Strategic Plan.

Integrated Planning Framework

The Delivery Program forms part of a group of plans which will support our

community’s strategic direction. Council’s planning framework is determined by the

Integrated Planning and Reporting (IP&R) requirements of the Local Government

Act 1993. The IP&R framework includes three levels of planning:

The first tier includes the Community Strategic Plan. This sets out the

community’s goals and objectives for the next 10 years. It is a high level plan

that focuses on key directions and outcomes rather than specific actions.

The Strategic Plan is supported by a Resourcing Strategy and Delivery

Program. This is the second tier of the planning framework. The Resourcing

strategy looks at the finances, assets and human resources that will be

required to deliver our long-term goals and includes an Asset Management

Strategy. The Delivery Program sets a course of action to progressively

achieve these goals in four-year increments associated with each elected

Council’s term of office.

The final tier of the planning framework is the Operational Plan. This is an

annual plan that provides detailed actions and costing for the works which

will be carried out each year.

The following diagram shows how the three documents, the Community Strategic

Plan, Delivery Plan and Operational Plan are connected.


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The Asset Management Process

One of the purposes of the asset management process is to forecast the timing of

asset renewals so as to provide a predetermined level of service to the community.

This has been undertaken for each of the four infrastructure asset classes and the

funding requirements are summarised below. All assets have a “design life” i.e. the

expected life of the asset can be predicted at the time of construction. The life of

the asset can be extended by preventative maintenance or reduced by changing

use patterns of the asset. For example a road such as Thunderbolts Way has a

predicted design life at point of construction of 20 years, however due to the

dramatic increase in traffic, particularly of heavy vehicles, in the last 10 years much

of Thunderbolts Way has now deteriorated to a point where it is past its “design life”

capability. For this reason Council has undertaken a complete review of the

condition of each of its assets and has ranked them in condition order ranging from

1 through to 5 – see following Excerpt from Asset Class Table and Condition Rating

Table.

*Excerpt from Asset Class Table.

Asset Class Annual Capital Renewal Amount (averaged over 10

years)

Required Budget Current Budget

Transport $5,303,000 $227,000

Using the condition data Council carries out a risk assessment which produces a

works priority table. The works to be done in any given year are then drawn from this

table in priority order.


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Condition Rating Table*

Condition Condition

Score

Condition

Description

Wear Maintenance

Requirement

Functionality

Excellent 1 Chance of

failure is

minimal

Negligible

wear

No problem

beyond normal

maintenance

Easily

performing

required

function

Good 2 Chance of

failure is

minimal

All wear within

design

tolerance

No problem

beyond normal

maintenance

Adequately

performing

required

function

Fair 3 Chance of

failure is low

but present

Wear

approaching

allowable limits

Problem that will

require

prioritised

attention

Performing

function but

possibly not

effectively

Poor 4 There is a

real chance

of failure

Wear beyond

allowable limits

Problem

identified

requiring

immediate

attention

At lowest level

of

acceptability

in performing

required

function

Broken/

Damaged

5 Failed Substantial

deterioration

Dangerous or

Broken down

Not

performing

function

Council plans to operate and maintain the Road Transport network to achieve the

following strategic objectives:

• Ensure the Road Transport network is maintained at a safe and functional

standard as set out in its Asset Management Plan.

• Improve Roads, Bridges and Footpaths.

• Efficient use of Councils Resources.

*Source: Gloucester Shire Asset Management Strategy 2012-2022

Assessing the Impacts from Heavy Vehicle Traffic

One of the key questions to be considered in the coming years is the potential long-

term cumulative impacts of extractive industries and other heavy vehicle generating

development upon our road transport network, bridges, traffic and the secondary

impact on shared footpaths and cycleways.

Council understands that it has an obligation to the community to utilise ratepayer’s

funds frugally and as a further attempt to address our tightening financial situation

has recently undertaken a number of efficiency and quality improvement reforms,

however further action to address this infrastructure and maintenance backlog has

to be undertaken. Council has completed a full review of the condition of all roads

and bridges which fully details how much backlog in renewals and maintenance we


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face. We currently have some $10 million worth of assets that have fallen below the

minimum standard. By 2021 this is expected to have increased to $74million.

Damage to bitumen and gravel road pavements due to heavy vehicles from Traffic

Generating Development is a significant impact on the public roads and Council’s

budget. Where a development has proposed that heavy vehicles use the public

roads in the Shire and the existing road infrastructure is inadequate to carry the

additional load, a contribution will be sought from the proposed development

towards the cost of maintenance, repair and rehabilitation of the road network.

The NSW Land and Environment Court has recognised the significant impact that

road haulage vehicles associated with traffic generating developments and in

particular extractive industries have on the public road system, beyond the normal

usage by the general public, and accordingly has accepted that section 94 of the

Environmental Planning & Assessment Act, 1979 is an appropriate mechanism for

the levy of contributions for the upgrading and rehabilitation of effected public

roads.

The ability to levy Traffic Generating Development for the cost of maintenance,

repair and reconstruction of roads as a result of damage caused by trucks involved

in the industry is of considerable importance to the Council and Communities in the

Shire. The “user pays” approach can significantly reduce the public financial

burden of road improvements and the damage caused to the roads.

One of the fundamental responsibilities of any Council in imposing section 94

contributions is to ensure that the contributions levied are reasonable. That is, the

works and facilities to be provided must be a direct consequence of the

development on which the contributions are levied.

PART 2 Administration and Operation

1 What is the name of this Plan?

This plan is called Gloucester Shire Council Section 94 Plan for Traffic Generating

Development 2015.

2 When does this Plan commence?

This plan commences on ##.

3 Purposes of this Plan


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The purpose of this Plan is to provide the necessary framework for the efficient

and equitable determination and collection of developer contributions towards

the maintenance, upgrade and construction of Council’s roads transport network

(roads, culverts and bridges) utilised by heavy vehicles associated with

developments which generate a significant amount of heavy vehicle movements.

These contributions are intended to be levied upon Traffic Generating Development

which will result in additional road maintenance, upgrade or construction works.

Such works would be required to ensure adequate maintenance, safety, efficiency,

amenity and environmental standards are achieved on existing roads, and to ensure

that upgraded and new road networks are constructed to a standard

commensurate with the heavy vehicle usage generated by the development.

For the purpose of this plan, the contributions for “roads” is deemed to include

all necessary works of carriageway construction and maintenance, including

pavement, associated culverts, bridges, drainage, signs, linemarking, noise

attenuation measures, landscaping, safety and traffic management measures. It

also includes the construction and maintenance of shared pathways that may be

required for the safety of cyclists, pedestrians, prams, wheelchair and motorised

disability scooter users. Shared pathways are required to ensure residents in towns

and villages are removed from being in close proximity to heavy vehicle traffic and

therefore assist in improving their environmental and physical safety and social

wellbeing. Other purposes of this plan are:

To identify the road transport network that will be affected as a result of new

Traffic Generating Development;

To ensure the operation of Traffic Generating Development does not

adversely impact on local roads.

To apportion the cost of maintenance, upgrade and construction works as

identified within Council’s road transport network;

To authorise the Council, or the consent authority to impose, as a condition of

development consent, a requirement that the applicant pay to the Council

an on-going contribution determined in accordance with this Plan;

To provide a comprehensive strategy for the assessment, collection,

expenditure, accounting and review of development contributions collected

from Traffic Generating Development.

To minimize any adverse environmental and social impacts in terms of noise

and dust to residences, road users, pedestrians and other development in the

Shire.

4 What does section 94 of the Act provide?


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Section 94 of the Act provides the basis for levying section 94 contributions. Section

94 (1) of the Act permits Council to require the dedication of land free of cost, the

payment of a monetary contribution, or both, if a development for which consent is

sought will or is likely to require the provision of or increase the demand for public

amenities and public services within the LGA.

5 Land to which this plan applies

This plan applies to all land within the Gloucester Shire Council local government

area.

This Plan may be applied to development located outside the Gloucester Shire

Council local government area where it can be demonstrated that heavy traffic

generating development routes will enter the Council area on an ongoing basis.

6 Development to which this plan applies

This Plan applies to all applications for development consent and complying

development certificates required to be made by or under Part 4 of the Act in

respect of development on land to which this Plan applies that will create an

ongoing impact on Council’s road transport network as a result of Traffic Generating

Development. For the purposes of this plan, Traffic Generating Development is that

development which requires the use of road haulage or heavy transport vehicles to

support the operation of the enterprise and which generates ongoing traffic

movements.

This Plan cannot be applied to developments to which Council’s s94A Plan will be

applied.

7 Relationship to other plans and reports

This plan relates to the following relevant Council Plans and Policies:

Gloucester Shire Council LEP (2010)

Gloucester Shire Council DCP (2010)

Gloucester Shire Council Community Strategic Plan 2014-2024

Gloucester Shire Council Resourcing Strategy 2014-2024

Gloucester Shire Council Asset Management Strategy 2014-2024

Gloucester Shire Council Section 94A Contributions Plan 2015

Gloucester Shire Council Planning Agreement Policy 2015

Gloucester Shire Council Planning Works in Kind Policy 2015

Gloucester Shire Council Material Benefit Policy 2015


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This Plan only provides for section 94 contributions that may be levied in relation to

the maintenance and construction of Council’s road transport network. The Plan

furthermore has links to key strategies within the Gloucester Shire Council

Community Strategic Plan regarding the provision of services and road

infrastructure.

8 Council may require payment of the contribution as a condition

of development consent

This plan applies to all applications for development consent and complying

development certificates required to be made by or under the Act in respect of

development on land to which this Plan applies. This Plan applies to all forms of non-

residential development that will involve heavy vehicle traffic that will impact upon

the condition of, or contribute to the need for maintenance of Council’s existing or

future road transport network.

Contributions will be levied according to the estimated increase in impact

generated by the development. An amount equivalent to the contribution

attributable to an existing lawful development on the site of the proposed new

development will be allowed for in the calculation of contributions.

9 How will contributions be imposed?

This Plan authorises Council, or the consent authority, to grant consent to

development or complying development to which this Plan applies, subject to a

condition requiring the applicant to pay to the Council a contribution based on the

formula for heavy haulage contributions provided in this Plan, provided that the

consent authority does not also impose a condition pursuant to s94A of the Act.

10 Responsibility of Accredited Certifiers

Pursuant to clause 146 of the EP&A Regulation, a certifying authority must not issue a

Construction Certificate for building or subdivision work under a development

consent unless it is satisfied of compliance with any condition requiring the payment

of a contribution before work is carried out in accordance with the consent.

This Plan requires a certifying authority (Council or an accredited certifier) to issue a

Complying Development Certificate in respect of development to which this Plan


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applies subject to a condition requiring the applicant to pay to Council a

contribution calculated in accordance with this Plan.

The certifying authority must cause the applicant’s receipt for payment of the

contributions to be provided to the Council at the same time as the other

documents required to be provided under clause 142(2) of the EP&A Regulation.

11 How are the contribution rates indexed?

Pursuant to clause 25J(4) of the Regulation, the proposed cost of carrying out

development is to be indexed before payment to reflect quarterly variations in the

Consumer Price Index All Group Index Number for Sydney between the date the

proposed cost was determined by the Council and the date the contribution is

required to be paid.

The formula governing indexation of the proposed cost of carrying out development

is as follows:

IDC = ODC x CP2/CP1

where:

IDC = the indexed heavy haulage contribution rate

ODC = the original heavy haulage contribution rate estimated by the Council

CP2 = the Consumer Price Index All Group Index Number for Sydney at the time an invoice

for heavy haulage contributions is issued

CP1 = the Consumer Price Index All Group Index Number for Sydney at the date the original

heavy haulage contribution rate was estimated by the Council.

12 Method of payment

Invoicing

Developer contributions shall be paid on a monthly basis at the applicable indexed

rates based upon tonnage hauled for that period, multiplied by the set haulage

distance established for the development.

The section 94 contribution is calculated from true certified copies of weighbridge

dockets, log books, diary entries and/or other returns or records that show the true

quantities of hauled/extracted and/or processed material transported from an

extraction site.


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The applicant/operator or consenting assignee is to supply to Council on or before

The 1st of each month for the duration of the development consent for the

development’s operation, the records of the transported material. Upon receipt of

this information, Council will, as soon as it can conveniently do so, issue to the

applicant (or operator) an invoice for the section 94 contribution amount to be

paid to Council within 30 days of the date of invoice.

Audit

Council has by condition of consent the right to inspect the original records relating

to the transport of imported material to and export of extracted or processed

material from a development.

Original records that may be requested for inspection include:

The extraction site/zone from which material was extracted and/or

processed;

Date and time of import/export/transport of material to/from a

development;

Monthly quantity and nature of material

imported/exported/transported to/from a development;

Daily number and type (including registration number) of laden trucks

and/or trailers;

Monthly payment date and amount of section 94 contributions made

to Council.

All Traffic Generating Development operators will be expected to keep all necessary

information to verify the above matters. Council’s inspection of original records will

be requested by way of prior written notice.

13 How will the Council apply money collected under this Plan?

Money paid to the Council under a condition authorised by this plan is to be pooled

and applied by the Council progressively towards meeting the cost of maintaining,

upgrading and augmenting Council’s road transport network.

A map showing Council’s road transport network is identified in Appendix B of this

Plan.

Council’s current Asset Management Strategy 2012-2022 assumes the road transport

network is growing at a rate of 0.15% per annum* (based on historical growth


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statistics). This rate will therefore be used as the apportionment rate between

existing development and new development for the purposes of this Plan, i.e. 0.15%

of the cost of each item of works identified in the works program of Schedule 1 of

this Plan will be funded from the pool of money collected under this Plan.

*Source: Gloucester Shire Asset Management Strategy 2012-2022

14 Are there priorities for the expenditure of money obtained from

levies authorised by this plan?

Subject to s93E(2) of the Act and clause 15 of this plan, the priorities for expenditure

will be aligned with Council’s annual operational plans.

15 Pooling of levies

For the purposes of s93E(2) of the Act, this plan authorises money obtained from

levies paid in respect of different developments to be pooled and applied by the

Council progressively towards the road transport network shown on the map in

Appendix B of this Plan in accordance with the priorities identified annually in

Council’s operational plans.

16 Obligation of any person or company operating a

development to which a condition of consent applies in

accordance with this Plan

Any person or company operating a development to which a condition of consent

applies in accordance with this Plan, is legally obligated to operate that

development in accordance with that consent.

17 Administration of this Plan

Management is essential if the desired outcomes of this Plan are to be achieved in a

timely and affordable manner, and to meet the requirements of the s94 Regulations.

Constant supervision and management will be required over a number of years. The

recovery of these costs is required by Council and is set at 5% of the contribution

payable. This rate will be reviewed at the 1st of July each year.


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18 What is the Council’s policy on the deferred or periodic

payment of contributions?

The Council does not allow deferred or periodic payment of levies authorised by this

Plan.

19 Are there alternatives to payment of the contributions?

Council may accept an offer by the applicant to provide an “in-kind” contribution/s

(i.e. the applicant completes part or all of work/s identified in the plan) or through

provision of another material public benefit in lieu of the applicant satisfying its

obligations under this plan. Council may accept such alternatives in the following

circumstances:

a) The value of the works to be undertaken is at least equal to the value of the

contribution that would otherwise be required under this plan; and

b) The standard of the works is to council’s full satisfaction; and

c) The provision of the material public benefit will not prejudice the timing or the

manner of the provision of public facilities included in the works program; and

d) Other as appropriate in the circumstances.

The matters to be addressed and the procedures to be followed in making a

application to Council for “works-in-kind” or “material public benefit” are set out in

Council’s “Works-In-Kind Policy” and “Material Public Benefit Policy”. Council will

require the applicant to enter into a written agreement for the provision of the works.

20 Exemptions to this Plan

This Contributions Plan applies to all Traffic Generating Development as defined in

Clauses 5 and 6 of this Plan.

The only exemptions allowed are those the subject of a direction from the Minister

for Planning under Section 94E of the EP&A Act and those developments to which it

is deemed a condition should be imposed under section 94A of the EP&A Act, rather

than a condition under s94 of the EP&A Act. To avoid confusion, the defining factor

in making this determination is whether or not the Traffic Generating Development

will have an ongoing impact on the condition of Council’s road transport network.

Council staff will make this determination based on the information supplied with the

development application. If insufficient documentation is supplied by the applicant

in order for Council staff to make this determination, a traffic study may be required

to be undertaken by an independent, fully qualified Traffic Engineer. If required, this

traffic study will be paid for by the applicant.


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21 Savings and transitional arrangements

A development application which has been submitted prior to the adoption of this

Plan but not determined shall be determined in accordance with the provisions of

the Plan which applied at the date of determination of the application. A

contribution for haulage required to be paid by a condition authorised by this Plan

must be paid to the Council at the time specified in the condition. If no time is

specified, contributions must be to Council in accordance with terms specified in

any invoice issued by Council in respect of contributions.

22 Goods and Services Tax (GST)

At the time this Plan was made, the position of the Australian Taxation Office (ATO)

was that the payment of development contributions made under the EP&A Act is

exempt from the Goods and Services Tax (GST) under Division 81 of A New Tax

System (Goods and Services Tax) Act 1999 (Cwth).

23 Accountability and access to information

Council is required to comply with a range of financial accountability and public

access to information requirements in relation to section 94 contributions. These are

addressed in Divisions 5 and 6 of Part 4 of the EP&A Regulation and include:

maintenance of, and public access to, a contributions register;

maintenance of, and public access to, accounting records for

contributions receipts and expenditure;

annual financial reporting of contributions; and

public access to contributions plans and supporting documents.

These records are available for inspection free of charge at Council.

24 Review of Plan without the need for public exhibition

Pursuant to clause 32(3) of the EPA Regulation, Council may make certain minor

adjustments or amendments to the Plan without prior public exhibition and adoption

by Council. Minor adjustments could include minor typographical corrections and

amendments to rates resulting from changes in the indexes adopted by this Plan.


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PART 3 Expected types of development in the Council’s

area and the demand for public facilities

Population forecasts indicate that the population of the Gloucester Shire Council

LGA is likely to grow to an estimated population of 7080 people by the year 2031.

This is an increase of 1.5% on its existing population. As part of this population growth

there will be an associated growth in non-residential development, some of which

will be in the form of heavy vehicle generating development. This increase in

development will create the demand for new and augmented road works

including: -

• New and upgraded road, culvert and bridge works

• Traffic Management Facilities

• Shared pathway (footpath/cycleway) works

To cater for this increased demand Council proposes to carry out those works

prioritised in its annual operational plan as shown on the map in Appendix B.

Where any of the following facilities are also listed in another Development

Contributions plan, the cost listed in this plan is in addition to the costs listed in any

other plan.

Justification for levy

The principle of seeking a payment of contributions for road pavement damage is

well documented by case law. The landmark case of Collin C Donges & Associates

Pty Limited v Baulkham Hills Shire Council established guidelines for levying extractive

industries for road maintenance and repair.

In accordance with this judgement, Council now requires a contribution for the cost

of maintenance, repair and reconstruction of roads. While assumptions have been

made about the type of heavy haulage vehicles for the purpose of estimating the

damage to the life of roads, clearly the findings have application to some degree to

all heavy haulage vehicles because the impacts have been resolved down to axles

for which there are maximum load limits. Heavy vehicles are the primary contributor

to the consumption of a road pavement’s structural capacity. The consumption of

a road pavement’s structural capacity has a direct correlation to the number of

equivalent standard axles [ESA] applied to the road. Therefore the consumption

structural capacity can be directly related to the ESA’s generated by the vehicle

and hence a development.


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PART 4 - Strategy

Traffic Generating Development and the Road Network Nexus

Council is only able to levy Section 94 developer contributions where development

will require the provision of, or increase the demand for, public amenities and

services. Accordingly, it is necessary to establish the nexus between Traffic

Generating Developments and the need for public amenities and services arising

from that development. To justify the roadworks proposed by this Plan, the

development potential of Traffic Generating Development needs to be examined.

Traffic Generating Development typically causes and exacerbates the deterioration

of the road surfaces. Council prior to development could have budgeted to

maintain the road at a certain level of service. As a result of the development there

is a need for continual and considerable expenditure by Council to maintain, repair

and, where necessary, undertake reconstruction of the roads. For all road

pavements, performance is influenced only by the heavy end of the traffic

spectrum. No account need be taken of cars and light commercial vehicles as far

as loadings are concerned (Austroads – “Pavement Design – A Guide to the

Structural Design of Road Pavements”).

Heavy haulage vehicles cause the greatest impact on unsealed roads because of

the lower design life for such roads, which is not sufficiently offset by the lower

reconstruction costs. The damaged to sealed roads by heavy haulage vehicles

reduces slightly as the traffic volumes increase. The cost of damage is about 20%

less for a high volume road with the same surface compared to a low traffic volume

road.

The basis of the calculation has regard to reconstruction costs and the average

annual road maintenance costs and the length of roads likely to be used by

vehicles associated with Traffic Generating Development. The increased

maintenance costs are calculated on the basis of the average cost per kilometre to

bring a Rural Class 3 sealed road up to the required standard for the development.

The impact is calculated on the ESA loading on the road per vehicle as a proportion

of the total loadings on the road. This is then converted to a total cost per tonne

(1000 kilograms) per kilometre. The designated travel route will form the length of

road upon which the contribution will be levied.

It is well established that damage to road surfaces is caused by heavy vehicles and

is to be measured by equivalent standard axles (ESAs). It is also widely accepted

that the damaging effect of a 4 axle vehicle on road pavement is non-linear (e.g.

double the load causes 16 times the damage – 2x2x2x2). One ESA is equivalent to

approximately 8.2 tonnes and has the same damaging effect on road pavement as

around 550,000 car axles (of 0.3 tonnes), or 4,500 car axles transmitting 1.0 tonne.

Assuming an average car weighs 1,300kg (500kg on one axle and 800kg on the

other), one ESA is the equivalent in pavement damage of around 9,500 average

cars. The ESA of a 4 axle articulated truck is 1.5; while the ESA of a 5 axle


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articulated truck is 2.0. Consequently, the approximate number of cars needed to

do the same road damage as a standard 5 axle articulated truck is around 19,000.

This load equivalency results in high potential levels of damage to roads from heavy

vehicles. Therefore, a section 94 contribution is reasonable for new Traffic

Generating Development or Traffic Generating Development that expands

production to cover the increased level of road deterioration. Such a development

contribution is appropriate for new construction, maintenance and rebuilding of any

road that is regularly used by Traffic Generating Development.

The extent of this reduced road life and increased maintenance depends entirely on

the amount of heavy vehicular traffic generated by the development. Therefore,

this has a major impact on Council’s financial resources which, in effect, without a

contribution from the development, would burden the existing community with

providing the extra financial resource needed by Council to maintain the existing

level of service for the road network as a result of the development.

Methodology

The contributions methodology is applicable to Regional and Local Roads

(Austroads Rural Class 3 road) which are currently in existence. For those

development proposals which necessitate a need to upgrade or provide a new

Regional or Local road to service the development, Council will stipulate via a

condition of consent the expected road standard required.

A traffic generating development will be required to pay a proportion of all of the

above criteria based upon the heavy vehicle Equivalent Standard Axle (ESA) impact

on a Regional or Local road. The Contributions Methodology Formula is explained

below.

Method of Measurement

1. Typical costing for construction of road infrastructure

Council's typical costs for the construction of a kilometre of a Rural Class 3 sealed

road is $914,938.00 (see cost estimates in attached Schedule 1 – Works Program).

The definition of a Rural Class 3 sealed road is those roads, not being Class 1 or 2, whose main

function is to form an avenue of communication for movements:

see BW Est

worksheet

- Between Important Centres and the Class 1 and Class 2 roads and/or Key Towns;

- Between Important Centres, and

- Of an arterial nature within a town in a rural area.

2. Methodology for calculating contribution rates

Assumptions


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Design traffic volume averaged across the road network is 1.0 x 105

Equivalent Standard Axles (Design ESAs) (based on the Austroads/ARRB -

Design Manual).

The standard commercial vehicle is assumed to be a Class 4 three axle

truck (single front, tandem rear axle) with gross vehicle mass of 20 tonnes

and a net load of 13 tonnes. The number of ESAs per commercial vehicle

is determined by a Load Factor (f) equal to 1.9.

The construction cost for a rural road is estimated at $914,938.00 per

kilometre.

Calculation

1 commercial vehicle = 13 tonne load = 1.9 ESAs

1 ESA = 13 / 1.9 = 6.84 tonnes per ESA

$Cost of 1 kilometre of Road

$Levy/tonne/kilometre = (Design ESAs) x Tonnes per ESA

Therefore,

$1.338 /tonne/km = $914,938.00

(1.0 x 105) x 6.84

The result is a rate per tonne per kilometre of haulage.

It is reasonable to assume that the average cost of the damage by heavy haulage

vehicles is $1.338 per tonne per kilometre, which applies to a medium traffic road

with a spray seal surface. This assumption is arguably conservative as the "average"

road in the Shire is likely to be at the lower end of traffic volumes with a

commensurately higher reconstruction cost.

When submitting a development proposal to Council for consideration and

determination, a Development Application will need to contain supporting written

documentation which elaborates upon the developments specific attributes. One

section of the written documentation will need to contain the following data for

Council to consider:

mapping which depicts the nominated vehicle public road network to

service the development proposal;

estimate of total vehicle movements (both laden and unladen) generated by

the development proposal;

estimate of the total amount of material imported and exported by the

proposal over the life of the development;

detail on the type, size and volume of vehicles (ie includes contracted

Company vehicles) proposed to service the development; and

the location of the nearest private or public weighbridge to authorise and

record the tonnages of material leaving the supplied development site.


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Upon receipt of the above information, Council will start to determine the

contribution amount(s) attributable to the development proposal. The haulage

route will be determined by Council staff when assessing the development

application, based on the haulage route/s described in the documentation

submitted with the development application. In the following formulae, L is the

length of haul route, T is the amount per tonne hauled from the site each month (to

be reported to Council by the applicant/operator each month), R is the contribution

rate as set out above. These figures are then used to determine the amount

payable to Council each month:

Contribution to be paid each month = T x L x R

T = tonne of extracted/processed material

L = length of haulage route as set in condition of consent

R = Contribution rate ($1.338) per tonne, adjusted annually with CPI – Sydney

L = length of haulage route as set in condition of consent

If insufficient application is submitted for Council staff to determine haulage route/s

(length in kilometres), Council may require these to be verified by traffic count over

a minimum period of 1 month, prior to the commencement of the development

prior to setting the maintenance contribution rate. Where the designated travel

route involves the use of more than one road then each road will be treated

separately in terms of the road maintenance contribution. Therefore, the total

contribution payable for the development will be the sum of all the calculated

contribution rates for all the individual roads on the designated travel route/s. This

verification will be performed by an independent and appropriately qualified Traffic

Engineer, to be appointed by Council at the cost of the applicant.

Review of contribution rate

The contribution rate will be indexed and adjusted annually, in accordance with the

Sydney Consumer Price Index (CPI) applicable to each year ending 30 June. The

CPI is published by the Australian Bureau of Statistics (ABS). Please refer to the ABS

website: www.abs.gov.au for information regarding the CPI. The contribution rate

will be adjusted from and including July each year in accordance with the CPI for

the Sydney region. The adjusted contribution rate calculated as a result of review is

available at Council’s Administration Centre or on Council’s website:

www.gloucester.nsw.gov.au

The amount of developer contributions stated in a consent are calculated on the

basis of the contribution rate applying at the time of the issuing of development

consent. The original contribution rate in this Plan applies if no adjustment has been

undertaken to the contribution rates. The adjusted contribution rate applies if the

contribution rate has been revised since the adoption of this Plan. The contribution

rate will be adjusted annually as indexed.



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Appendix A provides an example of a standard section 94 condition for Traffic

Generating Development. This condition details Council’s requirements for the

payment of contributions.


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PART 5 – Definitions, References, Appendices, Schedules

In this Plan unless the context or subject matter otherwise indicates or requires:

ABS means the Australian Bureau of Statistics.

Act means the Environmental Planning and Assessment Act 1979.

Council means Gloucester Shire Council.

development contributions means a development contribution required to be paid

by a condition of development consent imposed pursuant to section 94 of the Act.

extractive industry means:

the winning of extractive material; or

an undertaking, not being a mine, which depends for its operation on the

winning of extractive material from the land on which it is carried on, and

includes any stockpiling, washing, crushing, grinding, milling or separating into sizes

of that extractive material on that land.

extractive material means sand, sandstone, gravel, clay, turf, soil, rock,

stone or similar substances that are not minerals under the Minerals Act.

industry means:

any manufacturing process within the meaning of the Factories, Shops and

Industries Act 1962; or

the breaking up or dismantling of any goods or any article for trade or sale or

gain or as ancillary to any business.

levy means a levy under s94A of the Act authorised by this plan.

LGA means local government area.

Operator means the registered owner or company operating the mine or extractive

industry from time to time.

public facility means a public amenity or public service.

Regulation means the Environmental Planning and Assessment Regulation 2000.

Residential Development includes any dwelling or dwelling house as defined in the

local environmental plan applying to the subject land.

Rural Industry means handling, treating, process or packing of primary products and

includes the servicing in a workshop of plant or equipment used for rural purposes in

the locality.

s94 plan means a development contributions plan made pursuant to section 94B of

the Act.


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References

• Development Contributions – Practice Notes Issued July 2005, Department

of Planning (formerly Department of Infrastructure Planning and Natural

Resources).

• Hills Shire Council, Contributions Plan No.6 – Extractive Industries 2009.

• Deniliquin Development Contributions Plan 2007

• Appeal No.10521 of 1994 Land & Environment Court of NSW, Manaldo –v

Baulkham Hills Shire Council, 1995.

• Appeal No.10064 of 1997 Land & Environment Court of NSW, Neville

Francis Diamond –v- Baulkham Hills Shire Council, 1998.

• Appeal No.10501 & 10502 of 1987 Land & Environment Court of NSW,

Collin C Donges & Assoc. Pty Ltd v Baulkham Hills Shire Council [1989]

NSWLEC 39 (4 May 1989).

• Study of Section 94 Contributions made for the Provision of Roads, Traffic

facilities and Parking – Stage 1 Report, prepared by Stapleton & Hallam for

Western Sydney Regional Organisation of Councils, September 1991.

ABS 2015, Consumer Price Indexes, Australia,

<http://www.abs.gov.au/AUSSTATS>

BITRE 2013, Yearbook 2013:Australian Infrastructure Statistics, Statistical

Report, BITRE, Canberra, ACT.

BITRE 2012, BITRE Road Construction and Maintenance Price Index,

Information Sheet 45 (November 2012), BITRE, Canberra.

National Transport Commission 2012, Heavy vehicle charges. Report to the

Standing Council of Transport and Infrastructure, NTC, February 2012.

NSW Minerals Council, Submission to IPART – Benchmark Costs for Local

Infrastructure Contributions, November 2013.

RMS Guide to Traffic Generating Developments, revised October 2002,

Issue 2.

Austroads Guide to Road Design

RMS FREIGHT ROUTE INVESTIGATION LEVELS for Restricted Access Vehicles ,

draft for consultation (January 2012).


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Appendix A

SECTION 94 CONDITION FOR TRAFFIC GENERATING DEVELOPMENT

The applicant shall pay to the Council of a development contribution under section

94 of the Environmental Planning and Assessment Act (1979) at the rate of $0.## per

tonne of all extracted/processed/hauled material transported from the subject site,

for the length of the haulage route (insert km) and in respect of the said

contribution, the following provisions shall apply:

a) The developer contribution will be calculated and paid monthly from the

date on which development consent became effective. The amount of

contributions imposed in a development consent will calculated based on

the contribution rate applicable to Gloucester Shire Council at the time of the

issuing of development consent.

b) The contribution rate imposed under this condition will indexed and adjusted

annually in accordance with the Consumer Price Index for Sydney applicable to

each year ending 30 June, commencing 1 July 2015 for the duration of the

development consent. The quantum of the adjustment will be consistent with the

change in CPI over the preceding 12 months to 30 June of each year. At the time

of payment of developer contributions, the contributions payable will be adjusted

and the amount payable will be calculated on the basis of the contribution rate

that is applicable at the time of payment.

c) On or before the first day of each month of the duration of the consent, the

applicant shall deliver or procure delivery to the Council of true certified copy

weighbridge or other returns or records showing the true quantities of

extracted/processed material transported from the property during the

immediately preceding month and the Council will then, as soon as it can

conveniently do so, issue an invoice to the applicant or its consenting assignee

(operator), who will pay to the Council within thirty (30) days of the date thereof.

d) Council has the right to inspect and have the original records relating to any

of the extracted/processed/hauled material, including numbers and types of

laden trucks, trailers and load quantities transported from the

property/operation audited by any person nominated by its internal

accountant any time when he may, be written request so require.

This condition has been imposed in accordance with Gloucester Shire Council s94

Haulage Contributions Plan 2015. A copy of this plan may be inspected at the

Council Administration Centre, 89 King St, Gloucester, between the hours of 9.00am

and 4.00pm weekdays or on Council’s website www.gloucester.nsw.gov.au



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Appendix B – LGA Road Transport Network Map


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Schedule 2 – Works Program

Road and Traffic Works for Section 94 Plan for Traffic Generating Development

Project Description Road/Item Location Area/Length Costing $ Priority

Construct Roundabout The Bucketts Way Intersection - Church and Philip Sts $1,250,000 6

Construct Roundabout The Bucketts Way Intersection - The Bucketts Way and Jacks Rd $1,250,000 1

Construct Type "CHR" Intersection The Bucketts Way Intersection - Cemetery Rd and Church St $550,000 7

Provide Overtaking Lane The Bucketts Way Northbound from Broad Gully Bridge 3750 $255,000 8

Provide Overtaking Lane The Bucketts Way Southbound from Broad Gully Bridge 3750 $255,000 9

Provide Overtaking Lane The Bucketts Way Southbound from old Mill Gate 3750 $255,000 10

Upgrade / Strengthen / Hot mix The Bucketts Way Denison / Ravenshaw St Intersection $250,000 11

Upgrade / Strengthen / Hot mix The Bucketts Way Gregson / Ravenshaw St Intersection $150,000 5

Upgrade / Strengthen / Hot mix The Bucketts Way Hume / Ravenshaw St Intersection $150,000 4

Upgrade / Strengthen / Hot mix The Bucketts Way King / Ravenshaw St Intersection $150,000 3

Upgrade / Strengthen / Hot mix The Bucketts Way Philip / Ravenshaw St Intersection $250,000 2

Bridge Upgrades

Construct Geales Bridge Scone Road Dilgry River - Twin Rivers $336,000 3

Construct Callaghans Creek Bridge

Callaghans Creek Road

Callaghans Creek - Bundook $725,000 4

Construct Fairbairns Bridge Fairbairns Road Avon River - Forbesdale $351,000 5

Construct Jacks Road Bridge Jacks Rd Bridge Avon River - Gloucester $365,000 6

Construct Leslies Bridge Thunderbolts Way Manning River - Bretti 55% of $1.55M

$825,000 2

Construct Gloucester River Bridge Thunderbolts Way Gloucester River - Gloucester 50% o0f $1.5M

$725,000 1

Preparation of Contribution Plan $25,000

Total $8,117,000


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NOTE: Priorities will be re-determined each year in accordance with Council's Operational Plan.

Bucketts Way Renewal Estimates – (A3 spreadsheet to be inserted here)

Cost for the reconstruction of Rural Class 3 Sealed Roads $914,938 Per km

Those roads, not being Class 1 or 2, whose main function is to form an avenue of communication for movements:

see Bucketts Way Renewal Estimates (spreadsheet attached)

- Between Important Centres and the Class 1 and Class 2 roads and/or Key Towns; - Between Important Centres, and - Of an arterial nature within a town in a rural area.


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2.6 Waste Management Activities

Report Author: Environment and Waste Coordinator


Executive Summary

The Community Strategic Plan includes Council support or service delivery in functions relating

to waste management. This report is to advise Council of the status of actions and activities of

these services.

RECOMMENDATION

Council receive and note this report.

Detailed Report

Background

The Environment and Waste Coordinator is tasked with waste management activities as

identified in Council’s Community Strategic Plan. These activities include management of the

kerbside waste service, management of the landfill, education activities, grant funding

applications, and ensuring legislative and environmental requirements are met. Activities that

have been undertaken over the July/August 2015 period include:

Education

JR Richard on behalf of MidCoast Waste (the kerbside waste collection group of Councils-

Greater Taree City Council, Great Lakes Council and Gloucester Council) employs a part time

education officer. The officer has recently developed an education strategy. One of the projects

within the strategy is the launching of an education program within the local primary schools at

the end of October 2015 to coincide with the State Tidy Towns award weekend to be held in

Gloucester. The education visits to the schools will link into the existing school curriculum and

will focus on recycling, reuse and plastics.

The regional voluntary waste group, MidWaste, of which Gloucester Council is a member, is

presently co-ordinating an education officers reference group, which will combine knowledge on


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behaviour change in relation to waste and recycling, and develop strategies and education

programs for the region. This set of programs will be designed to commence at the beginning of

2016.

Green Waste Management

Legislation regarding management of green waste changed in 2014. The major change is that

the majority of green waste accumulated at the landfill cannot be taken off site without

pasteurisation. Without the removal of the green waste, Council cannot claim a deduction on the

waste levy. In response, Council staff attended a composting workshop in July 2015. The green

waste is now being separated on arrival, managed in windrows to ensure pasteurisation and

monitored and maintained under strict guidelines. A green waste business and

pasteurising/composting plan is underway.

Movement of vehicles at the landfill

From July 1st 2015, vehicles were required to enter and leave the landfill via the weighbridge.

This is an EPA legislative requirement. Signs and safety issues regarding the change of traffic

conditions have been assessed and are being undertaken.

Silage Wrap Program

The collection of silage wrap is in its fourth year of operation. Silage wrap is being collected for

reuse (made into furniture) in an attempt to reduce plastic pollution on farms. Silage wrap bags,

which are used to put the used silage wrap in, are now available for pick up by farmers at the

landfill. The bags for use in the silage wrap program are funded by MidWaste.

Grant funding

In August 2015, MidWaste was successful in obtaining a grant for illegal dumping in the region

in conjunction with other land based agencies. The basis of this grant is to collect and collate

information on illegal dumping. The first project talks will start in August 2015.

MidWaste is continuing to support the NSW Government grant funded program Love Food Hate

Waste, which aims to reduce the amount of food waste that ends up in rubbish bins. Workshops

will be held across the Mid North Coast region, including Gloucester within the year.

MidWaste provided funding in July 2015 for two small community recycling centres for

household difficult waste such as mobile phones, smoke detectors and fluorescent lights. These

will be located at the Library and in the Council chambers.

A management plan for the trial of recycling bins in the main street of Gloucester will be written

in August and implemented by the end of 2016.The provision of the recycling bins is funded by

the EPA (Environmental Protection Authority) Better Waste and Recycling fund.


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The Community Recycling Centre (CRC) opened at the landfill on August 1st. Funded through a

grant received from the EPA, the CRC accepts household hazardous waste, household and car

batteries, smoke detectors, gas bottles, fire extinguishers, vegetable oil, paint, and fluorescent

tubes free of charge. Staff have been trained in the collection of material, and as part of the

grant process the material from the centre will be collected free of charge by a waste contractor

until 2018.

Measurement of waste to landfill

From October 2014 a weighbridge and new data collection system was installed at the landfill.

The new system has been recording waste and recycling flows to and from the landfill.

However, the data transfer to the waste reporting software has been problematic. This issue

has been identified and Council is in discussion with the software company and the EPA, and

the issue has recently been resolved. As such reporting has been difficult, however indications

from the data set show decreased levels of waste to landfill, and increased recycling rates.


Direction Two: Protecting the environment.

Objective 3: Manage the Sustainable Disposal of Waste

Strategy 3.1: Undertake waste management planning

Strategy 3.2: Operate an efficient and effective waste service

Activity 1: Deliver effective and efficient waste services for households, the general community

and visitors.

Strategy 3.3: Encourage waste minimisation and recycling

Activity 1: Provide facilities, information and services to maximise recycling and reuse of waste

products.

Activity 3: Educate and enforce responsible waste disposal.


These are budgeted functions.


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Policy Implications

Nil.

Risk Considerations

There are no specific risks associated with this report.


Composting regulations, storing and handling hazardous material.

Attachments

Nil.


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2.7 Mobile Food Vending Vehicle Policy

Report Author: Environmental Health and Building Surveyor

Responsible Officer: Environmental Health and Building Surveyor

Executive Summary

Mobile food vending vehicles and street vending is becoming a more popular part of modern society. Gloucester Shire Council in the past has dealt with requests for Mobile Food Vending Vehicles on a case by case basis. This policy is proposed to provide a consistent regulated framework that can be applied to any application that is received by Council for mobile food vending vehicles. RECOMMENDATION

That the attached Mobile Food Vending Policy be publically notified for 28 days in

accordance with Section 160 of the Local Government Act 1993.

Detailed Report

Council, at its meeting of July 2015, resolved to workshop the draft Mobile Food Vending Policy. That workshop was held on Wednesday 12 August 2015. The draft policy is now resubmitted for Council’s consideration. The purpose of this Policy is to provide a framework in which mobile food vending vehicles may operate within the Gloucester Shire Local Government Area. Mobile food vending vehicles are not normally subject to Development Approval as they fall outside the Environmental Planning and Assessment Act 1979. However, this type of business needs to be regulated as they are serving food to the public similar to traditional land based food outlets. Mobile food vehicles park on road reserves and in other locations that at times may create a hazard for pedestrians and traffic. Due to the nature of mobile food vehicles, there is the need for a strong policy that provides for food safety, pedestrian and traffic safety. Throughout the Gloucester Shire Council area there are currently three (3) mobile vending vehicles operating with approval from Council. Historically these approvals have been issued on a case by case basis with certain conditions placed on each. The purpose of this policy is to provide a consistent regulated framework that can applied to any application that is received by Council for mobile food vending vehicles. It should also be noted that an exemption from approval for not-for-profit, charitable and community organisations has been placed in the proposed policy.


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There are no financial implications for Council in regard to this matter. Policy Implications

This policy is to be read in conjunction with Gloucester Shire Council’s Local Approvals Policy. Risk Considerations

There are no risk implications in regard to this report. Statutory/Regulatory Considerations

The Department of Local Government Guidelines for Street Vending Control No 96/46 has been

considered during the preparation of this policy.

Attachments

1. Draft Mobile Vending Policy.


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Name of Policy: Mobile Food Vending Vehicle Policy

Date of Adoption by Council: To be determined

Last Review Date: To be determined

Review Timeframe: 4 years

Next Scheduled Review Date: To be determined

INTRODUCTION

This Guideline provides Council and mobile food vendors with guidance to effectively and consistently

control and operate street vending activities within public roads or within public and private places.

The Policy identifies the responsibilities and requirements for food van operators. The Guideline also

sets criteria for the construction of vehicles, vans, vessels so that appropriate standards associated with

street vending and food sales are regulated. The Guideline is mandatory for all street vending activities

carried out within the Gloucester Shire Local Government Area.

APPLICATION OF THIS POLICY

1. This policy shall apply to all mobile food vending vehicles within the Gloucester Shire Local

Government area (LGA).

2. Operators are required to comply with all applicable legislation including the Local Government

Act 1993, the Roads Act 1993, the Road (Safety and Traffic Management) Act 1999 including the

Road Rules 2008, the Food Act 2003 and FSANZ Food Standards Codes [as amended from time

to time].

3. Council must take the provisions of this policy into account when determining whether to give

or refuse an approval for the operation of a food vending vehicle.

4. Council will take all matters into consideration when determining an application.

ORGANISATION OF POLICY

This policy is divided into 3 parts.

Part 1: Exemptions from the need to obtain an approval under this policy

Part 2: Criteria to be considered by Council (when determining an application)


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Part 3: Other Matters Relating to Approvals

PART 1: EXEMPTIONS FROM THE NEED TO OBTAIN AN APPROVAL

The only exemption from the requirement to obtain approval to operate a mobile food vending vehicle

within the Gloucester Shire is for not-for-profit, charitable and community organisations.

If your business does not fit into the category of a not-for-profit, charitable and community organisation

there are currently no exemptions from the requirement to obtain an approval to operate a mobile food

vending vehicle within the Gloucester Shire, and the following must be adhered to:

1. All operators of mobile food vending vehicles must obtain an approval from Council prior to

operating and may only operate in accordance with all the conditions of that approval.

2. If it is proposed to operate any mobile food vending vehicle from private land, then

development consent may be required prior to commencement of operations.

3. Food transport vehicles, such as those approved by the NSW Food Authority, are not exempt

from the requirements of this policy if proposed to engage in the retail sale of food on public

roads or public places.

PART 2: CRITERIA TO BE CONSIDERED BY COUNCIL

This section prescribes criteria to be considered by Council when determining whether to approve or

refuse an application.

1. APPLICATIONS

a. Applications shall be made to Council in writing to operate any mobile food vehicle for the

vending of food on public roads or public places in the Gloucester Shire LGA.

b. An application to Council shall only be made on Councils mobile food vending vehicle

application form. The application form shall be fully completed and signed by all owners of

the vehicle. Incomplete application forms will not be processed.

c. New Mobile Food Vending Vehicles: New vehicles are those that do not hold a current

approval with Council or with any other Council. Operators of new mobile food vending

vehicles shall make application in writing to Council. The application shall be subject to an

administration fee and initial inspection (fee applicable). The vehicle will be subject to

annual inspections (fee applicable) (refer table 1).

d. Existing Mobile Food Vending Vehicles: Existing vehicles are those that hold a current

approval with Council or hold an approval (in-force) with another Council. Operators of


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existing mobile food vending vehicles holding an approval with another Local Council and

wishing to operate in the Gloucester Shire LGA shall make application in writing to Council.

The application shall be subject to an administration fee (refer table 1).

An initial inspection by Council may be required subject to the following criteria:

i. Applicants able to provide a copy of a satisfactory inspection report performed by

another Council for the mobile vending vehicle subject to the application will not

require an initial inspection by Council. The provided inspection report must have

been performed within the previous 12-months of the date of application and

must indicate a satisfactory result with no critical non-compliances. The provided

report must be on letterhead of the issuing Council.

ii. Applicants not able to provide a copy of a satisfactory inspection report for the

mobile vending vehicle subject to the application will be required to provide the

vehicle for an initial inspection by Council.

Table 1: Application and Inspection Requirements

Situation Initial Application Initial Inspection Annual Inspection

New food vending vehicle

Existing food vending vehicle (current approval with another Council)

Refer Part 2: clause 1(d)

Refer Part 3: clause 3(d)

Existing food vending vehicle (current approval with Council)

𝒙

𝒙

2. LEGISLATION

a. The Council must take into account, and ensure compliance with all relevant legislative

provisions [as amended from time to time] including;


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i. Local Government Act 1993 (Sections 68 (D1: Engage in a trade or business) and

(F7: Use a Standing Vehicle or any Article for the purpose of selling any article in a

public place));

ii. Food Act 2003, Food Regulation 2010 and the Australian/New Zealand Food

Standards Codes;

iii. Road Transport (Safety and Management) Act 1999, Road Transport (Safety and

Management) Regulation 1999 and Australian Road Rules 2008 and Roads Act

1993 and Roads Regulation 2008.

b. The Council may consult with other government authorities that have regulatory

responsibility for street vending operations including;

i. The Roads and Traffic Authority (RTA); and

ii. The Police Service

c. The Council must take into account the provisions of the Department of Local Government

Guidelines for Street Vending Control No 96/46 prepared by the Department of Local

Government in conjunction with the Local Government and Shires Association, the Roads and

Traffic Authority and the Police Service. The guidelines provide criteria for:

i. Operators associated with pedestrian traffic;

ii. Passing traffic;

iii. Lighting; and

iv. Safety issues and general motor traffic regulations.

3. APPROVALS

a. The use of any mobile food vehicle (and any area adjacent thereto) for the purpose of selling

any article of food is prohibited without the approval of Council in writing.

b. Food Vendors must not hawk or sell any article of food away/separate from the Mobile Food

Vending Vehicle.

c. When food premises within or outside the Gloucester Shire LGA are used for the preparation

of food to be sold from a mobile food vending vehicle (in the Gloucester Shire LGA), those

premises must be licensed with the NSW Food Authority for the manufacture of food or if a

retail outlet then hold an approval with the Local Council.


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d. Mobile food vendors must maintain registration of their business / vehicles with the NSW

Food Authority (www.foodnotify.nsw.gov.au).

e. The vehicle/vessel shall be maintained, registered and comply with the relevant provisions of

the Motor Traffic or Maritime Regulations.

f. The operation of a mobile food vending vehicle approved under this policy does not

extinguish other legislative responsibilities that may be applicable (i.e. Approvals required

under the Environmental Planning and Assessment Act, Local Government Act, Food Act etc).

4. CONSTRUCTION AND FOOD HANDLING REQUIREMENTS

a. The design and construction of mobile food vending vehicles shall comply with the NSW Food

Authority guideline - Mobile Food Vending Vehicles - Operation, Construction and Food

Handling Guidelines [as amended from time to time].

b. Food handling and hygiene requirements shall comply with the Food Act 2003, Food

Regulation and Food Standards Codes [as amended from time to time].

5. SIGNAGE

a. Warning signs are to be displayed to alert motorists to the likelihood of pedestrians and

children and the need for caution. One sign shall face motorists approaching the front of the

vehicle and one sign shall face motorists approaching from behind.

b. The design of the signs is to contain the words “Caution Children”. The lettering should be

bold faced, sans serif styled to have a minimum height of 120mm. The lettering is to be white

on a red background.

c. Position of signs – signs should be secured to the vehicle so they are as high as practical on

the vehicle. If possible, the front facing sign mounted above windscreen level and the rear

facing sign at a similar elevation. No part of the sign is to impede the drivers visibility or the

operation of mirrors, indicators and such like.

d. Signage design, construction materials, colour, size and fixing location shall comply with the

relevant Australian Standard.

6. TRADING TIMES

http://www.foodnotify.nsw.gov.au/


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Approved mobile food vendors shall not trade between sunset and sunrise unless stated in the approval.

Council may limit operating hours to particular days or dates or shorter trading times.

7. TRADING AREAS

a. Mobile Food Vending Vehicles shall not trade within a zoned business area (B2 & B4 zones as

identified in the Gloucester LEP 2010) or within 150 metres of a land based food business or

any street deemed by Council as being unsuitable by virtue of its location or traffic condition

(as identified in clause b below). *(see Note.)

b. In considering whether a trading area is suitable Council must consider;

i. The need for and availability of parking;

ii. Entry and exit for street vending locations;

iii. Location of advertising signs;

iv. Sufficient room for the availability of pedestrians, especially people with

disabilities and those in wheelchairs of with prams;

v. Applicable street speed limits;

vi. The volume of traffic and pedestrians;

vii. Visibility;

viii. Width of any footpath or road shoulder;

ix. The effect of any traffic or other regulatory signs;

x. The position of driveways and entrances;

xi. Placement of traffic warning signs;

xii. Lighting (if applicable);

xiii. Impacts on other users in the area.

c. Mobile Food Vendors shall only occupy a permitted selling location for such a period of time

whilst engaged in the actual setting up and serving of a customer and shall after serving all

customers move on and not return to the same location within one (1) hour.

d. Approval is for the operation of a mobile food vending vehicle within public reserves, on

public roads or on other public land.

e. Mobile Food Vending Vehicles must not operate:

i. As a roadside stall.


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ii. As a stall to sell food to the public on any site that first requires development

consent for that use.

Note: * This does not apply if Council has granted special approval for the use of a mobile vending vehicle

within the B2 & B4 Business zones.

PART 3: OTHER MATTERS RELATING TO APPROVALS

Unless stated otherwise in an approval the following conditions will relate to any approval issued by

Council.

1. USE OF VEHICLES

a. A mobile food vending vehicle shall not be used for sleeping purposes.

b. Every person engaged in the preparation or delivery of food for sale shall keep, at all times,

receptacles, utensils and vehicles used in connection with food for sale clean, free from dust,

dirt, odours, and vermin.

c. Every person engaged in the preparation or delivery of food for sale shall, when so engaged,

maintain his/her clothing and his/her body clean.

d. No person shall use any vehicle for the carriage or containing any matter or thing whereby

the wholesomeness, cleanliness and freedom from contamination of any food for sale

contained or usually carried in the vehicle might be endangered.

e. The vehicle shall be used for the vending and delivery of food only and shall, at all times, be

maintained in a satisfactory standard of cleanliness.

f. All equipment and signage shall at all times be kept within the confines of the vehicle.

2. INSPECTIONS

a. Mobile food vending vehicles shall be subject to an annual inspection by Councils

Environmental Health Officers for which a fee is applicable (except in accordance with clause

3c below).

b. All vehicles subject to an inspection shall be presented at a designated location convenient to

both the Environmental Health Officer and the operator on a mutually acceptable date and

time.


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c. Operators of approved vehicles that are able to provide a copy of an inspection report for the

nominated vehicle performed by a Council other than Gloucester Shire Council will not

require an annual inspection. The provided inspection report must have been performed

within the previous 12-months and must indicate a satisfactory result with no critical non-

compliances. The provided report must be on letterhead of the issuing Council.

3. FEES AND CHARGES

a. The fees applicable to mobile food vending vehicles are presented in Council’s Schedule of

Fees and Charges. These are reviewed annually.

b. Mobile food vending vehicles are subject to both administrative and inspection fees

depending on the circumstances.

4. OTHER REGULATORY REQUIREMENTS

a. The use of liquid petroleum gas shall comply with the relevant standards currently in-force

and appropriate authority requirements. Gas fired appliances should not have a gas bottle

greater than 9kg capacity.

b. A fire extinguisher and fire blanket shall be supplied in every vehicle where cooking or

heating processes are undertaken.

c. Fire safety equipment shall be easily accessible in the event of a fire. The extinguisher should

be suitable for dealing with the type of combustible materials present.

d. Noise from the operation of the vehicle/vessel shall be limited to comply with the

requirements of Noise Control Legislation.

e. Gloucester Shire Council may require all Food Vendors to supply evidence of compliance with

any condition of their approval if reasonably asked to do so.

Finance Services Report Gloucester Shire Council Ordinary Meeting – 19 August 2015

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3. Finance Services Report

3.1 Investment Report as at 31 July 2015

Report Author: Senior Finance Officer

Responsible Officer: Senior Finance Officer

Executive Summary

Council is required to adopt the monthly report on its holding of cash and investments held at

the end of each month in accordance with the Local Government Code of Accounting Practice

and Financial Reporting.

RECOMMENDATION

Council notes the investments summary report to 31 July 2015 and endorses actions

taken by the Responsible Accounting Officer in respect of investments since the June

2015 Council meeting.

Detailed Report

All Investments for the month of July have been made in line with the adopted investment

policy.

In 2007 Council purchased a CDO investment with Commonwealth bank worth $500k. Since

this time the investment's value has been reduced to zero. Council has instructed Piper

Alderman through International Litigation Partners Pty Ltd on a no win no fee basis to try and re-

coup the lost investment. Piper Alderman then opened the case up to a number of different

claimants, leaving Gloucester Shire Council as one of two lead claimants.

The case has seen some significant progress over the new year period, and Piper Alderman

reached an out of court settlement for the group of claimants it is representing against

Commonwealth Bank. The final terms have now been agreed, but a payout figure has yet to be

calculated due to the ongoing legal fees which will affect the final payout.

Piper Alderman (Now Squire Patton Boggs) have submitted a second claim against the Fitch

rating agency for any amounts unrecovered from CBA (Fitch was the rating agency behind the


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Palladin investment purchased by Council). The submission is in very early stages at this time

and it is unknown what outcome will be achieved from this new case.

Alignment with Strategic Plan/Program Direction 5, Objective 1: Ensure sound local governance practice.

Financial and Resource Implications Council endeavors to make the most of the cash it holds through investments keeping within the

limits of the Investment policy.

Policy Implications No implications.

Risk Considerations All risks set out in the investment policy have been considered.

Statutory/Regulatory Considerations Financial Reporting Regulations under the Local Government Act require Council to be advised

of the detail of Investments held by it at the end of each month to endorse actions taken by the

Responsible Accounting Officer.

Attachments 1. Investments held as at 31 July 2015.


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On Call Investments

Previous

Month

As at Date Current Rate Borrower Rating Cash Account Market Value

31/07/15 (last w orking day) 1.90% CBA AAA $1,318,852 18.02% $387,892

Sub total $1,318,852 $387,892

Term Deposits

Due Date Length (Days) Current Rate Borrower Rating Principal Value Market Value Portfolio %

25/08/15 84 2.85% ME Bank A2 $250,000 $250,000 3.42%

13/10/15 119 2.80% Auswide Bank Ltd A2 $250,000 $250,000 3.42%

24/11/15 125 2.95% National Australia Bank A1+ $250,000 $250,000 3.42%


11/08/15 84 2.80% Bank of Sydney Unrated $250,000 $250,000 3.42%


10/11/15 112 2.90% ME Bank A2 $500,000 $500,000 6.83%

15/09/15 207 3.15% Bank of Queensland A2 $250,000 $250,000 3.42%










Sub total $6,000,000 $2,750,000

2.15% BBSW Benchmark Rate as at 4 August 2015 2.26%

2.73% Council's average (non weighted & includes cash) 2.76%

Total $7,318,852 $3,137,892

Per rating Policy Limit Actual Per single institution Policy Limit Actual (Largest)

A1+ or above 100% 80% *A1+ or above 80% 75%

A1 or below 65% 20% A1 or below 34% 13%

Unrated (max $250k) 34% 3% Unrated 34% 4%

* does not include current account

INVESTMENTS AS AT 31 July 2015

POLICY LIMITS

In accordance with Local Government (General) Regulation 2005 - paragraph 212, I certify investments have been made in accordance with the Act, the Regulations and Council's Investment Policy. Susie Jones

Responsible Accounting Officer Gloucester Shire Council


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3.2 Quarterly Budget Review Statement to 30 June 2015

Report Author: Manager Finance

Responsible Officer: Manager Finance

Executive Summary

The Quarterly Budget Review Statement (QBRS) presents a summary of Council's financial

position at the end of each quarter. It is the mechanism whereby Councillors and the

community are informed of Council's progress against the Operational Plan (original budget)

and the last revised budget along with recommended changes and reasons for major variances.

There is no statutory obligation to provide a QBRS at the end of June, however this report has

been prepared to show variances by service unit which is different to both Note 2a function, and

the Income Statement which is by expenditure type (wages, materials etc).

The QBRS is composed of the following budget review components:

Statement by the responsible accounting officer on Council's financial position at the end

of the year based on the information in the QBRS

Budget Review Income and Expenses Statement by function to align with the

operational plan

Budget Review Capital Budget by function to align with the Operational Plan, and also

Budget Review Capital Budget by activity/program

Budget Review Cash and Investments position

The budget review does not report on Ratio’s as these are reported in note 13 of the Draft

Financial Statements.

RECOMMENDATION

That the Quarterly Budget Review to 30 June 2015 be noted.

Detailed Report On a cash basis, there is a variance of $60k in unrestricted funds between the $5k surplus budgeted, and the $55k deficit obtained (giving total unrestricted funds of $74k as at 30 June 2015 (compared with $129k as at 30 June 2014) Operational Budget (Forecast $3,390,331 Loss, Actual $1,308,468 Loss)


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On an accruals basis the largest item which makes up the variance of $2,082k (improvement) is the decrease in depreciation expense which improved by $1,805,992. In 2013/14 Council revalued and restructured its road assets to aide with the Special Variation. This was an important exercise for Council to complete to accurately record what assets Council owns, and how much they cost to rehabilitate. In 2014/15 Council has once again revalued its road assets to conform to MIDROC’s methodology of asset valuation for reporting purposes. This methodology also affects the currently unaudited Special Schedule 7 which reports Council’s backlog of Capital works. Reason for decrease in depreciation from budgeted: There are two elements of the road valuation which affects the depreciation figure,

A) Unit value Council has re-assessed the unit value of the roads which has led to a decrease in value.

B) Expected Life of the asset Council has re-assessed the expected useful life of each asset type which has extended the useful lives considerably based on the new methodology which takes a risk based approach, rather than an engineering approach. As a result of the revaluation Council’s total asset value has decreased from $336k in 2014 to $254k in 2015 which includes the revaluation decrease of $84m, and explains the decrease in depreciation expense for the year. Alignment with Strategic Plan/Program

This report relates to Council’s Operational Plan/budget, and also to Direction 5 - Governance and Partnerships - ensure sound local government practice.


Council made an overall deficit of $1.3m including restricted cash movements, which is better than the $3,390k budgeted loss. However in cash terms Council did not make a surplus as budgeted, but a $55k deficit which has further depleted Council’s unrestricted cash reserves down to only $74k.

Policy Implications

Nil.


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Risk Considerations

Council must act more prudently on its cash spending to ensure that reserves are built back up and are not further depleted.


Council is required to consider each quarterly financial review within 2 months of the close of the quarter. Attachments – separate to the Business Paper

1. Quarterly Budget Review Statement for Quarter ended 30 June 2015.


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3.3 2014-2015 Financial Statements Referred to Audit

Report Author: Manager Finance

Responsible Officer: Manager Finance

Executive Summary

Council is required to refer the Financial Statements for the year ended 30 June 2015 to audit

and to sign a statement on its annual financial reports. This report will also replace the fourth

quarter budget review statement.

RECOMMENDATION

That the attached Financial Statements for the 2014/15 financial year be referred to audit, and

the Statement by Councillors and Management be signed.

Detailed Report

Section 413 of the Local Government Act (1993) states that:- 'A Council must prepare financial reports for each year, and must refer them for audit as soon as practicable (having regard to the requirements of section 416 (I)) after the end of that year.' and A council's financial reports must include: a) a general purpose financial report, and b) any other matter prescribed by the regulations, and c) a statement in the approved form by the council as to its opinion on the general purpose financial report.


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Comparison to Prior Year

In the prior year the Federal government pulled back its pre-payment of the Federal Assistance Grant, which meant only half of the grant entitlement could be recognised, in the 2014/15 year the full grant has once again been recognised (amounting to an extra $1.1 million).

A revaluation of Road pavement and seal as at 1 July 2015 has seen a $4 million drop in depreciation expense (from $7,752k down to $3,740k)

User Charges and fees have increased (by $339k) due to the on-site sewer management charge, and the new user pays charge at the tip being introduced.

All operational expense lines have dropped (including employee expenses, materials & contracts and other expenses). This is a result of more prudent spending, along with more re-direction of expenses to capital works (which are not reported in the income statement).

A summary of the Financial Statements is provided below:

Income Statement

Total Income from Continuing Operations

Total Expenses from Continuing Operations

Operating Result from Continuing Operations

Net Operating Result for the year

Net Operating Result before Grants & Contributions provided for Capital Purposes

Statement of Financial Position

Total Current Assets

Total Current Liabilities

Total Non Current Assets

Total Non Current Liabilities

Total Equity

Other Financial Information

Unrestricted Current Ratio (times)

Operating Performance Ratio (%)

Debt Service Cover Ratio (times)

Rates & Annual Charges Outstanding Ratio (%)

Own Source Operating Revenue Ratio (%)

Cash Expense Cover Ratio (months)

(3,765) (4,211)

-14.6% -83.3%

251,965 334,328

1.30x 1.67x

3.93 mths 3.4 mths

48.3% 53.3%

(4,635) (3,208)

253,953 336,032

4.8% 8.1%

4.99x -1.01x

6,412 5,715

(1,233) (6,142)

2015 2014

$'000 $'000

13,308 18,616

14,885 14,469

1,577 (4,147)

1,577 (4,147)


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A comparison of budget to Actual has been undertaken and is being reported in a separate report to Council. It is now recommended that Council sign a master copy of the Statement by Councillors and Management and that Council resolves to refer the financial statements to audit.

Alignment with Strategic Plan/Program Direction 5, Objective 1: Ensure sound local governance practice.

Financial and Resource Implications There are no further financial resource implications to this report other than staff time.

Policy Implications The presented financial statements have been made in line with Council’s internal policies as

listed in note 1 of the report.

Risk Considerations Although Council has made every effort to ensure the accuracy of the reports, the financial statements remain as draft statements until the final audit report is signed.

Statutory/Regulatory Considerations Preparation and referral to audit of the financial statements are in line with local government

legislation.

Attachments – separate to Business Paper 1. Draft General Purpose Financial Statements for the year ended 30 June 2015.

Technical Services Report Gloucester Shire Council Ordinary Meeting – 19 August 2015

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4. Technical Service’s Report

4.1 Proposed Closure of Crown Road off Manchester Road

Report Author Senior Survey, Design and Property Officer

Responsible Officer Manager Technical Services

Executive Summary

The Minister for Natural Resources, Land and Water received an application to close a

Crown Road off Manchester Road. The Minister will as part of the application look at all

unformed roads in that location and seek submissions from all interested or affected

members of the community regarding these unformed roads.

Councils at its May meeting responded to only one of The Minister’s requests to

respond to the roads indicated black, orange and yellow.

Gloucester Shire Council is only one of the parties that the Minister seeks a

submission from regarding these unformed roads. The unformed roads that the

Minister is still seeking a submission from are indicated by orange and yellow on the

attached diagram which is supplied by Crown Lands.

Recommendation

That Council does not object to the closure of the roads as depicted yellow on

the plan as supplied by Crown Lands (attached).

Detailed Report

On the attached plan supplied by Crown Lands the other unformed roads not under the

closure application, but are under consideration by Crown Lands are the Council roads,

which are coloured yellow, and the Crown Road which is coloured orange.

Council generally has not closed roads that allow public access to rivers. However,

Council has in the past allowed the closure of such roads if there are better

alternatives in the same proximity.

Council will have to consider the following issues:


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I. All Crown roads are vested in fee simple in the Crown as Crown land. Crown

land is public land.

Offences on public lands without lawful authority include but not limited to: -

a) reside on public land,

b) erect a structure on public land,

c) Interfere with any substance, whether on or in, or forming part of, public

land.

Under the Crown Lands Act 1989 the definition of structures includes, but are

not limited to

a. Any roadwork, pathway or paving.

II. Council may choose to leave these unformed Council Roads for possible future

use.

However, if Council chooses to leave all these road accesses to the river open

in the same proximity, then it could create a burden on Council ’s resources in

the future. Council may decide to have these unformed Council Roads closed in

the future and then the Council will have to pay for the closing of the roads and

the money from the sale of the unformed closed roads goes to the Crown.

iii. The DPI is requesting advice on Council’s intentions for the Council roads

coloured yellow.

Section B to D and E to F goes through dense riparian vegetation and would be

difficult and expensive to construct and maintain.

Section A to C is the closest river access point at the end of Manchester Road.

This would require the construction of a road access to the river at some time in

the future. Inspection by Roads and Maritime Services officers indicate that this

is a feasible river access point.

Financial Implications

A budget estimate has not been determined at this time.

Alignment with Strategic Plan and Operational Plan Program

Complies with Direction 5 – Governance and partnerships – Objective 2: Establish strong

partnerships with community groups and government.


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Risk Considerations

Any future closure of Council Roads will attract a significant cost if undertake in

isolation.

Statutory/Regulatory Consideration

Crown Lands is the authority responsible for road closures and openings.

Council may submit requests and recommendations only.

Policy Implications

None directly.

Attachments

1. Map indicating proposed road closures.


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4.2 Works Progress Report

Report Author: Manager Technical Services

Responsible Officer: Manager Technical Services

Executive Summary

Council provides a detailed report on a monthly basis outlining works undertaken and completed

and future works proposed.

RECOMMENDATION

That the report be noted.

Detailed Report

See attached.


In line with requirement to retain core infrastructure.


Funded by approved votes.

Policy Implications

Nil.

Risk Considerations

A planned Works Program will minimise user risk and enhance efficiencies.


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In line with Statutory requirements and Engineering Best Practice.

Attachments

1. Works Schedule.


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General Manager’s Report Gloucester Shire Council Ordinary Meeting – 19 August 2015

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5. General Manager’s Report

5.1 Year End Report - Delivery Program 2012-2016 and Operational Plan 2014/15

Report Author: General Manager

Responsible Officer: General Manager

Executive Summary

This progress report provides an overview of the effectiveness of Council activities in

implementing the strategies and achieving the objectives of the Community Strategic Plan for

the financial year 1 July 2014 to 30 June 2015.

Council’s Performance Reporting helps to measure the implementation of strategies to track the

progress of projects and services according to the Delivery Program and annual Operational

Plan.

RECOMMENDATION

That the status report of the 2012-2016 Delivery Plan and 2014/15 Operational Plan for the

financial year ended 30 June 2015 be received.

Detailed Report

The Local Government Integrated Planning and Reporting (IPR) Framework aims to ensure a

more sustainable Local Government sector. All NSW Councils are required to develop a

Community Strategic Plan (10 years) along with a Delivery Program (4 years) and Operational

Plan (1 year). These documents are informed by a Resourcing Strategy (10 years) comprising a

Long Term Financial Plan, Asset Management Strategy and Workforce Management Plan.


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In order to achieve the integration envisaged by the IPR framework, there is an alignment

between the Gloucester Community Strategic Plan (CSP), Resourcing Strategy, Asset

Programs, Delivery Program and the Operational Plan. This alignment is formed through the

five Key Directions identified by the community in the CSP.

The 2012–2016 Delivery Program is a statement to the community from each newly elected

council accounting for its stewardship of the community’s long term goals as established in the

CSP. The Program outlines the priorities Council will pursue to achieve these goals during the

Council’s term of office. In May 2014 the Delivery Program was amended to incorporate the

formal process of an application for a Special Rate Variation.

Supporting the Delivery Program is Council’s annual Operational Plan which identifies the

specifications, projects and program of activities for the financial year aligned to the Delivery

Program which itself is based on the long term CSP.


P a g e | 186

The Operational Plan is prepared each year in response to changing community needs and

expectations However as the actions and strategies of the 2 plans do align their status can be

presented in the one progress report.

Council’s Delivery Program fully details those activities and actions to be performed to achieve

the CSP targets in the 4 years. As Council implements its Delivery Program activities, it will

need to keep track of progress for this extended period as well as the status of the shorter term

Operational Plan

This report looks at the Delivery Program and Operational Plan implementation period for the

financial year to 30 June 2015.

Council’s Delivery Program and Operational Plan have been developed around each of the five

Key Direction areas, as identified and detailed in the Community Strategic Plan:

Direction 1: Maintaining core infrastructure

Direction 2: Protecting the environment

Direction 3: Creating a strong economy

Direction 4: An engaged and supportive community

Direction 5: Governance and partnerships

The attached report provides a status and commentary as applicable against each strategy and activity per theme. The development of Council’s 2014/15 budget was constructed on first principles and built on

the zero based approach adopted for 2013/14. It again confirmed the resourcing restraints

which showed a funding significant shortfall (approx. 10% of total expenditure). Together with

completion of the condition assessment of Council’s transport assets, the need for additional

resources or reduction in expectations is strongly apparent.

There are obvious constraints on the capacity of staff to achieve all the Delivery Program

targets. Council has a defined number of staff with a defined level of skills. In many cases staff

are contributing beyond their position descriptions to perform wider strategic or planning tasks

required in this Program. In reviewing the funding required to achieve the CSP objectives, it is


P a g e | 187

apparent that no funding is available for qualified, external support with the majority of staff time

and expertise directed to routine operations.

This status report highlights the discrepancy between the unfunded aspirations of the

Community Strategic Plan as expressed through the Delivery Program. A project plan to

perform a complete review of long term strategies, aims and objectives has been prepared. It is

proposed to further discuss this with Councilors for commencement next month.

Most of the activities in the Operational Plan targeted for completion in 2014/15 have been

completed or significantly so. Key projects such as the land use planning strategy are close to

finalization. It needs to be noted that the resources and time needed to develop the special

variation submission, the merger business case and Council’s submission to the LG Review

have impacted on resources.


Under the Community Strategic Plan (Element 5) Council is charged with providing sound

governance, effective communication and community involvement in the CSP.

Finance and Resource Implications

The costs associated with performance of the Delivery Program are included in Council’s annual

Operational Plan.

Policy Implications

Council’s Delivery Program forms part of Gloucester’s Community Strategic Plan and links

directly to the Operational Plan. In accordance with the Integrated Planning and Reporting

Guidelines for local councils in New South Wales Council must periodically report on its Delivery

Program.


P a g e | 188

Risk Consideration

The risks associated with failure to achieve the full Delivery Program targets will depend on the

specific action. Some actions can be deferred whilst others may require some mitigation. The

risk of public perception of performance is high without appropriate information. This report is

posted to our website and will be reported to the media.


This report conforms to Council’s statutory requirements.

____________________________________________________________________________

Attachments – separate to Business Paper 1. DP and OP Status report 30 June 2015.


P a g e | 189

5.2 The Review into Local Government (Fit for The Future) and Gloucester as a

Sustainable Council



Executive Summary

Council has submitted a stand-alone proposal in line with the Fit for The Future Program.

This report is to provide Council with the status of the Fit for The Future program and our

sustainability actions.

____________________________________________________________________________

RECOMMENDATION

That Council receives this report.

____________________________________________________________________________

Detailed Report

Since the last report to Council, the F4F proposal has been finalised and submitted, further work

as a member of ROC/JOs conducted and a scoping document for the review of the CSP

prepared.

1. Submission

Council’s Improvement Proposal was submitted online 30 June. IPART have acknowledged

receipt. There has been one query with regard to the merger discussions.

2. JO Pilots

The Hunter Region, through Hunter Councils Inc. is one of five regions across NSW participating

in the development of an appropriate model for regional joint organisations as proposed in the

‘Fit for the Future’ local government reform framework. Gloucester Council is currently a

member of Hunter ROC and MidROC. We are an Associate member of the Hunter JO Trial

Project. In addition we are seeking to remain in the Hunter region of the state.

Under the NSW Government’s ‘Fit for the Future’ (F4F) local government reform program, the

government announced its intention to pilot the development of a Regional Joint Organisation

(JO), by selecting a number of regions in NSW to participate in the pilot program. Hunter


P a g e | 190

Councils Inc. nominated for participation in the program and was selected as one of five regions

across NSW to take part in developing an appropriate model for JOs in NSW.

Background to the Hunter ROC Model

In the late 1990s and early 2000s the members of what was then called the Hunter Regional

Organisation of Councils reviewed their approach and adopted a completely different way of

doing business.

Context

• The lingering impact of the change environment of the 1990s

• Voluntary structural reform in NSW at that time

• Imperative to demonstrate efficiency and effectiveness

• Increasing demands on resources and shrinking/constrained revenue

Outcome

• Adoption of a commercial business model open to private as well as public sector entities that

facilitated the introduction of viable and self-sustaining shared services and strategic initiatives

• Elimination of council subsidisation and introduction of either free or subsidised fee for service

arrangements for member councils

• Introduction of complete contestability in regard to business operations

Hunter Councils Structure

1. Hunter Councils Incorporated

The majority of the activities of Hunter Councils are managed through an incorporated

association led by a Board comprising the Mayors of the member councils.

The activities of Hunter Councils Incorporated comprise:

• Regional advocacy through the Council of Mayors and General Managers Advisory

Committee

• Administration, finance and technology services to the Boards of the group and their

business activities

Environmental consultancy services

• Film and television approvals and facilitation services

• Aggregated procurement services for member councils and the wider local government

sector in New South Wales


P a g e | 191

• Training and development opportunities through the Local Government Training Institute

and Leadership and Development Australia

• Consultancy services provided at no cost to member councils and at cost to other

councils and private sector customers

• Overseas consultancy services

• Professional team coordination

2. Hunter Councils Limited

The collective of councils also owns a company limited by guarantee—Hunter Councils Ltd, now

renamed Strategic Services Australia Ltd—which operates one of New South Wales’ fastest

growing records management businesses as well as an incorporated legal practice—Local

Government Legal.

A series of professional teams derived from staff from member and adjacent councils also

operates under the guidance of the General Managers Group.

The Hunter JO

The creation of new ‘Joint Organisations of Councils’ is a vital part of the State Government’s ‘Fit

for the Future’ approach to local government reform and renewal.

It is intended that Joint Organisations will ultimately be imbedded in a revised and updated Local

Government Act and that they provide a forum for local councils and the State to work together

to deliver regional priorities on areas as diverse as jobs, education, housing, roads and

transport. Vitally, they will also help to connect local priorities from local council Community

Strategic Plans with regional planning for growth, infrastructure and economic development and

thus provide a means of delivering projects across council boundaries. The NSW Government is

providing $5.3 million to get the new organisations up and running in regional NSW, with the final

model being developed by local councils in partnership with the State.

Five groups of NSW councils are currently working with the NSW Government to develop the JO

model and build better working relationships between councils and State agencies. The

successful Pilots are: Hunter, Illawarra, Central West, Namoi and Riverina regions. They include

a diverse mix of councils, all with a strong history of working together and a commitment to

partnering with the State to address regional priorities such as economic development, transport

and infrastructure. Each Pilot is trialling a slightly different model, to reflect the different working


P a g e | 192

relationships and priorities of their region. The Pilots will be sharing their learning with other

councils along the way and helping to develop the JO model, which will be finalised in early

2016.

The priority areas of the Hunter trial Joint Organisation are derived from its expression of interest

in participation in the program and comprise:

1. Formalising, with the Department of Premier & Cabinet and relevant other agencies,

protocols, frameworks and strategies that will:

• integrate, communicate and correlate local community/local government priorities within

future Hunter Regional Plans, agency planning processes and overall reporting

mechanisms, and

• facilitate the actioning of state government priorities through the actions, funding,

resourcing and advocacy of local councils in the Hunter.

2. Pursuing co-operative strategy with the Department of Planning and Environment and other

State government agencies in regard to the development and implementation of the Hunter

Regional Growth Plan and on other approaches such as the Pacific, New England and Golden

Highways corridors strategy (Roads and Maritime Services).

3. Co-operative strategy with the Hunter Infrastructure and Investment Fund, Hunter

Development Corporation and other relevant agencies, and agency documents on the

development and costing of a priority listing of regional infrastructure projects, including social

infrastructure projects.

4. Co-operative strategy with relevant State government agencies on a Hunter place-based

service delivery framework including the trialling of that approach in nominated local government

areas.

5. Development, in conjunction with relevant government ministers, Destination NSW, Trade and

Investment and the industry of a new and sustainable model for the coordination of regional

tourism strategy and development.


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Unique Features of the Hunter JO

The Hunter Region is well placed to capitalise on the Joint Organisation model because of the

sophistication, breadth and self-funding capacity of its regional structures.

It seems that Hunter Joint Organisation, alone amongst the trial Joint Organisations, will operate

at no cost to member councils as any operational costs will be met through profits generated by

the commercial activities of the current regional entities.

The Hunter Joint Organisation will also be unencumbered by issues of business operations,

pricing, competition and contestability because its sole focus will be regional advocacy, regional

voice and the forging of partnerships with, most especially, the State Government. This clarity of

purpose will be assisted by the Board solely comprising the Mayors of the region.

To facilitate the operation of the Joint Organisation the activities of the Hunter region’s councils

at a corporate, whole of region level will be restructured through a process to be completed by

the end of the 2015/16 financial year.

The regional structure will then comprise:

1. The Hunter Joint Organisation of Councils that will focus on:

• Regional Advocacy/Government Partnerships

2. Strategic Services Australia Limited that will deliver commercial services through:

• Hunter Records Management

• Regional Procurement

• The Local Government Training Institute

• Leadership and Development Australia

• Administration, Finance and Technology

• Environment consultancy services

• Screen Hunter

• Consultancy Services

• Internal Audit/Risk Management

Legal services will continue to be provided by Local Government Legal – a wholly owned

operation of Strategic Services Australia Ltd.


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Council’s ongoing participation in Hunter Councils, and via Hunter Councils, in the Hunter Joint

Organisation Pilot, is in accordance with actions identified in Council’s 2015/16 Operational Plan.

The experience and evolution of Hunter Councils is playing a key role in informing the wider

Joint Organisations Pilot Program being overseen and led by the NSW Office of Local

Government, and will assist in developing a final Joint Organisations model for implementation

across regional NSW.

3. Next actions

Council needs to finalise or develop the following actions as part of its drive for long term

sustainability:

a) CSP and Service Levels Review

Refocus on our capacity to deliver services better aligned to the community’s

willingness/capacity to fund through a quality engagement process.

A scoping document has been prepared for further consideration by Council.

b) Asset Project

This project is proceeding well and has commitment from all MidROC Councils. An

action plan has been developed to achieve early tangible results.

Sealed Roads and Bridges will be the immediate focus. Individually and in collaboration

a Dashboard will be prepared to enable compliance and consistency to be assessed.

Further actions will include representation to OLG, a timber bridges regional business

case and a regional R&D program.

c) Shared Services

Gloucester continues to develop an appropriate framework for a shared service delivery

project. The project could qualify for the F4F Innovation Fund.

____________________________________________________________________________


Council is obligated to provide good governance. Our participation in regional organisations and

JO’s is a key specific strategy.


The Fit for the Future Package provides some opportunities for support and funding. The

actions in this report have no direct financial impact on Council’s adopted budget.


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Policy Implications

There are no direct policy implications

Risk Consideration

Council needs to ensure best outcomes.


There are no specific implications however the JO Pilot and other F4F outcomes may be framed

in changes to the Local Government Act.

____________________________________________________________________________

Previous reports relating to this matter

20 March 2013

26 June 2013

19 March 2014

15 October 2014

19 November 2014

11 December 2014

18 February 2015

15 April 2015

20 May 2015

15 July 2015

Attachments – separate to Business Paper

1. Sustainable Council Action Plan.


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5.3 Rocky Hill Project - On Hold



Executive Summary

The Rocky Hill Coal Project has been placed on hold.

This report is to bring the matter before Council for consideration.

RECOMMENDATION

That Council considers this report.

Detailed Report

Gloucester Resources Ltd applied to the Department of Planning and Environment for the

Rocky Hill Project application to be placed on hold and not progressed further by the

Department. The EIS process concluded October 2013.

GRL state that it remains committed but is “currently considering an advanced commercial

option relating to the project”. It sought “an opportunity to fully explore this option and finalise” its

commercial position.

The Company has been given 6 months to conclude its considerations.

The Department advises that the clock has stopped on this project while GRL take on

community concerns. Should there be only minor consequences from any changes then it will

be sent to PAC; significant changes will require the amended documentation to be re-exhibited.

The Department had been ready to conclude that all elements had been considered with a TOR

to PAC.


P a g e | 197

The Department (DRE) advises that the Minister is currently considering a replacement Chair

following the resignation of Terrence Healey with the intention to have the CCC “up and

running” soon.


In line with Direction 5 – Ensure sound local governance practice, and

Ensure responsible ethical, fair and transparent decision making for the benefit of all

constituents


There are no financial or resource implications associated with this report.

Policy Implications

There are no direct Council policy implications.

Risk Considerations

There are no direct risks associated with this report.


No direct implications

Attachments

Nil.


P a g e | 198

5.4 Country Mayor’s Meeting



Executive Summary

The last meeting of the Country Mayors Association was held 6 August 2015.

This report is to provide further details of the meeting.

____________________________________________________________________________

RECOMMENDATION

That the report be received and noted.

____________________________________________________________________________

Detailed Report

The Mayor and General Manager attended.

Meetings of the Association attract quality speakers including Ministers, in a small forum

providing greater opportunity to ask questions in a more relaxed way. Given the move to One

Association, the forum becomes more relevant. Three Ministers presented to the August

meeting.

Minister for Local Government, Hon Paul Toole MP, spoke on the F4F without saying anything

new. He congratulated councils on their commitment to reform. He will not leave issues

unaddressed. He repeated that “one size does not fit all”. The legislation to form JOs will be

broad enough for each area to bring variation around the guidelines. The Treasury are currently

modelling a State financing authority and LIRS is set to recommence next year. The FAG

indexation issue is being looked at with the Feds with the aim of supporting those LGA’s with

large road networks. The LG Act review will be out soon for comment. The Auditor General will

be auditing all councils from 2017 on. The rating review will be lengthy and will start after the

assessments. He talked on councillor misconduct and the ability to suspend and disqualify after

3 occasions. He remains committed to the September 2016 timeframe although he will have to

await cabinet to progress the IPART recommendations.


P a g e | 199

Minister for Planning, Hon Rob Stokes MP, spoke well on how they are moving through legacy

issues of haphazard licences and the need to have a strategic approach. The government’s

integrated mining policy clarifies their position on water, auditing, reporting and VPAs etc; he is

looking at planning tools and streamlining SEPP’s or additional zones. Also feels don’t need

layers of legislation in their biodiversity reforms.

The Mayor queried the need to include RU zones in the 2km exclusion. Others supported this

and that it should include wind farms. The Minister will come back on this. Further questions

included support for small councils who need to consider complicated EIS documentation. The

Minister said that he would look at each particular case. He will also advise on the impact on

development of S64 fees. He acknowledged that there has been a cultural difference in his staff

between planners’ ability to understand regional and rural issues.

Minister for Roads, Hon Duncan Gay MLC, seemed to read from a prepared speech as a news

camera was present. He advised that 60% of his budget was for outside the metro centres and

listed the key projects. He is looking for innovative ideas and cited a landing strip incorporated

as part of the Silver City Highway improvements. It was pleasing to hear his statement of a

“moral duty to work with LG on LG roads”. He is crossing the line and moving into this aspect

that 85% of the State’s road network is under the control of LGA’s. Next round of fixing country

roads program opens September. Looking at template designs for bridge solutions with a trial at

Tenterfield. When questioned, he stated that councils can get State works under competitive

tendering process. He positively supports the inland rail line. Wants LGA’s to contribute with

grant funding as well as use federal funding.

The meeting then discussed and endorsed the following motions:

“That Country Mayor's make representation to the State and Federal Government to

review the balance between natural disaster recovery and mitigation and increase the

financial assistance made available at the Local Government level for disaster

mitigation, resilience and recovery (seek more money for mitigation)” This not to involve

any transfer between recovery funding. The Mayor queried why LGA’s are restricted in

how they can perform the recovery works. The Association will research this for the next

meeting.

“That Country Mayors write to the Prime Minister supporting inland rail and encourage

councils to lobby their local members”.

A motion was agreed to write to Telstra and Vodafone and others to express concern

that all service providers should be able to utilize mobile base stations.

There was a discussion on how effective the water transfer for the environment in the Murray

Basin has been with regard to economic and environmental outcomes. It was stated that 98.2%

goes to the environment and 1.8% is used. Further research will be carried out for a future

report.


P a g e | 200


Membership of the Country Mayors Association aligns with our Strategic Plan direction five,

Governance and Partnerships.


There are resource and financial costs associated with CMA membership which are offset by

alliance benefits.

Policy Implications

There are nil policy implications.

Risk Consideration

There are risks arising from any lost opportunity from non-involvement in CMA.


There are no statutory implications.

____________________________________________________________________________

Attachments

Nil.

Council Committee Reports Gloucester Shire Council Ordinary Meeting – 19 August 2015

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6. Committee Reports

6.1 Minutes of the Environment and Planning Committee Meeting held 1 April 2015



Executive Summary

Council has implemented Section 355 Committees which operate pursuant to Council's

direction and its Community Strategic Plan. Each Committee is required to submit the minutes

of its meeting to the next scheduled Ordinary Meeting of Council for consideration.

Recommendation

That the minutes of the meeting of the Environment and Planning Committee held on 1 April

2015 be received and noted.

The Environment and Planning Committee met on 10 June 2015 made the following specific

recommendations to Council:

The Agricultural Strategy be presented to the Environment and Planning Committee

following the Council workshop.

Detailed Report

Adopted minutes of the Environment and Planning Committee meetings held on 1 April 2015

are attached for the information of Councillors.


Council's Environment and Planning Committee addresses Direction Two of Council's

Community Strategic Plan.


Nil.


P a g e | 202

Policy implications

Nil.

Risk considerations

There are no risk considerations for Council in regard to these matters.


Council reference of draft policies to the Environment and Planning Committee is a matter of

good practice. There are no statutory or regulatory considerations in regard to these matters.

Attachments

1. Minutes of the Environment and Planning Committee held 1 April 2015.


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Draft MINUTES OF THE ENVIRONMENT AND PLANNING COMMITTEE MEETING HELD ON WEDNESDAY 1 APRIL 2015

The meeting commenced at 2:20 pm

PRESENT: Clr Aled Hoggett (Chair), Gerald McCalden, Dallas Stokes,

APOLOGIES: Nil

IN ATTENDANCE:

1. Welcome and introduction 2. Apologies 3. Adoption of Minutes: the minutes of the meeting held on Wednesday 04 March 2015 were

adopted by Clr Hoggett, seconded by GM. It was noted that members of the committee may make requests for information but not directly of staff.

4. Actions: The draft s94 Plans are required to be workshopped by Council prior to the meeting. The final draft Town Centre Study is to be circulated to committee prior to the Council meeting. The next DCP chapter for review is the Industrial Estate. Procedures, processes and policies = planning framework discussed. The review of Environmental Strategies and the CSP were completed. Request for GIS information ongoing, subject to resource availability.

5. Matters Arising: The DCP review – need to identify chapters/priorities. June: Town Centre August: Industrial Estate Events: waiting research by Gary O’Dell LEP – a draft housekeeping LEP will be presented to the Committee this year.

6. General Business Action: Request for the Agricultural Strategy to be presented to the Committee following the Council workshop.

Cattle yards: there was a plan 15 years ago to enclose the land for truck access only. Where is this up to?

7. NEXT MEETING To be held in Council’s Committee Room, 89 King Street Gloucester at 1pm on:

10 June 2015

Meeting closed


P a g e | 204

There being no further business the meeting closed at 4pm.

MINUTE

No

TOPIC DISCUSSION ACTION BY DUE DATE

3/15 6 Update on s94

Plans:

Committee has

requested that

the report come

back to the

committee to

review prior to

going to

Council. This

has not

happened .

Draft plans to

be circulated

following

Council

workshop

RC 25/3/15

3/15 7 Update on draft

DCPs:

At each meeting

a schedule of

DCP Chapter for

Review was to

be circulated at

each meeting.

This has not

been done.

The Town

Centre Study to

be discussed at

the June

meeting.

RC 25/3/15

3/15 8 Review of Planning

Processes

To be deferred

until June

meeting

Request for the

new Town

Planner to

present to the

June meeting

on procedure,

process and

policy

RC/TP 1/5/15

3/15 9 Review of The RC 1/4/15


P a g e | 205

Environmental

Strategies and CSP

Committees

views on

appropriateness

and relative

strategies and

actions was

forwarded to

the General

Manager and

tabled in the

minutes.

GENERAL

BUISNESS

Request for a

GIS

presentation to

the committee

outlining

current

capability and

capacity as

resources

permit.

RC 18/3/15


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6.2 Minutes of the Environment and Planning Committee Meeting held 10 June 2015



Executive Summary

Council has implemented Section 355 Committees which operate pursuant to Council's

direction and its Community Strategic Plan. Each Committee is required to submit the minutes

of its meeting to the next scheduled Ordinary Meeting of Council for consideration.

Recommendation

That the minutes of the meeting of the Environment and Planning Committee held on 10 June

2015 be received and noted.

The Environment and Planning Committee met on 10 June 2015 made the following specific

recommendations to Council:

An issue regarding truck/vehicle manoeuvring be referred to the Works & Infrastructure

Committee.

Detailed report

Adopted minutes of the Environment and Planning Committee meetings held on 10 June 2015

are attached for the information of Councillors.


Council's Environment and Planning Committee addresses Direction Two of Council's

Community Strategic Plan.


Nil.


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Policy implications

Nil.

Risk considerations

There are no risk considerations for Council in regard to these matters.


Council reference of draft policies to the Environment and Planning Committee is a

matter of good practice. There are no statutory or regulatory considerations in regard to

these matters.

Attachments

1. Minutes of the Environment and Planning Committee held 10 June 2015.


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Draft MINUTES OF THE ENVIRONMENT AND PLANNING COMMITTEE MEETING HELD ON WEDNESDAY 10 June 2015

The meeting commenced at 2:10 pm

PRESENT: Clr Aled Hoggett (Chair), Gerald McCalden, Ray Dawes, Peter Markey, Dallas Stokes

APOLOGIES: Nil

IN ATTENDANCE: Aaron Kelly, Rebecca Connor

8. Welcome and introduction: Aaron Kelly, Urban & Regional Planner 9. Apologies Nil 10. Adoption of Minutes: the minutes of the meeting held on Wednesday 1 April 2015 were adopted

by Gerald McCalden, seconded by Dallas Stokes 11. Actions – see table 12. Matters Arising:

A question was raised regarding the draft Agricultural Strategy status. The draft Strategy is being amended to separate out the CSG & mining issues. An update on the Sale Yards was given.

Action: Refer Sale Yards issue re: truck/vehicle manoeuvring to Works & Infrastructure Committee

13. Update on s94 Plans: Draft s94A plan on exhibition, due to go to Council in July for adoption. Draft Haulage Plan to be further workshopped with Councillors. Concerns were raised about costs to business for Haulage Plan however, the committee agreed that the draft Haulage Plan was a positive process that would provide another option for businesses to “pay per usage” rather than pay an upfront hefty fee which would be more attractive for some operators of heavy vehicle businesses. Comment was also made that these types of operators kept detailed records about load/movements so the administration around the plan would not be onerous.

14. Update on draft DCPs: A new format was proposed. It was further proposed to complete all draft Part C, Industrial & Subdivision and Town Centre Chapters within the next 3 months.

A concern was raised regarding the requirement for trucks to entre and exist industrial sites in a forward manner. This can be discussed when reviewing the draft chapters.

Action: The Committee note and endorse the new structure. The draft Part C, Industrial, Subdivision and Town Centre chapters to be reviewed and circulated to the committee prior to the meeting, for discussion at the August meeting.


P a g e | 209

15. Review of Planning Processes The Statutory and Strategic Planning processes were explained. Of concern is a need for further clarification regarding MidCoast Water requirements.

Action: Request for a flowchart, diagram, mapped service area and buffer areas to be made to MidCoast Water.

16. General Business Integrated Mining Policy on exhibition

17. NEXT MEETING To be held in Council’s Committee Room, 89 King Street Gloucester at 2 pm on:

12 August 2015

Meeting closed

There being no further business the meeting closed at 4pm.

MINUTE

No

TOPIC DISCUSSION ACTION BY DUE DATE

3/15 6 Update on s94

Plans:

Draft s94A

Contributions

Plan adopted

by Council July

2015. General

support for the

draft s94A

Haulage Plan by

the committee.

A workshop to be

held with

Councillors

regarding draft

s94A Haulage Plan

prior to it being

reported to

Council for

exhibition and

adoption.

RC 12/08/15

3/15 7 Update on draft

DCPs:

At each

meeting a

schedule of DCP

Chapter for

Review was to

be circulated at

each meeting.

This has not

been done.

Draft Part C,

Industrial,

Subdivision and

Town Centre

chapters to be

prepared and

discussed at

August meeting.

RC 12/8/15


P a g e | 210

3/15 8 Review of

Planning

Processes

MidCoast

Water

processes not

adequately

understood.

Request for

MidCoast Water

to provide further

clarification

regarding

flowchart/diagram

for DA process,

mapped service

area and buffer

areas.

RC/AK/AH 12/08/15

Government Circulars, Ministerials and Correspondence Gloucester Shire Council Ordinary Meeting – 19 August 2015

P a g e | 211

7. Government Circulars, Ministerials and Correspondence

7.1 Gloucester Dialogue – Communique 11

Attached is a copy of the Gloucester Dialogue Communique No. 11.


P a g e | 212


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