Agenda of Ordinary Meeting of Council - 20 March 2014

BUSINESS PAPER

ORDINARY MEETING

Thursday 20 March 2014 9.00AM

Council Chambers, Crookwell

COUNCIL'S VISION

To be a diverse local government area that provides various lifestyle, business enterprise, leisure and recreation alternatives, whilst ensuring environmental

sustainability, preservation of our history and a sense of belonging in our community.

COUNCIL'S MISSION

To provide services and facilities to enhance the quality of life and economic viability

within the Council area.

COUNCIL'S AIMS

To perform services in a cost efficient, effective and friendly manner in order to achieve Council's Mission in meeting the annual objectives and performance targets.

NOTICE OF MEETING 11 March 2014 Councillors Dear Members Ordinary Meeting of Council Notice is hereby given that the next Ordinary Meeting of Council will take place on Thursday 20 March 2014 in the Council Chambers, Crookwell commencing at 9.00AM. Your presence is requested. Yours faithfully JK Bell General Manager Upper Lachlan Shire Council

AGENDA

ACKNOWLEDGEMENT OF COUNTRY I would like to acknowledge the Traditional Custodians of this Land. I would also like to pay respect to the Elders past and present, of the Wiradjuri Nation, and extend that respect to other Aboriginals present. Contents

1 APOLOGIES AND LEAVE OF ABSENCE

2 CITIZENSHIP CEREMONY Nil

3 DECLARATIONS OF INTEREST

4 CONFIRMATION OF MINUTES ..................................................................... 11 4.1 Minutes of the Ordinary Meeting of Council of 20 February 2014 13

5 MAYORAL MINUTES..................................................................................... 31 Nil

6 PRESENTATIONS TO COUNCIL/PUBLIC Nil

7 CORRESPONDENCE .................................................................................... 33 7.1 Correspondence for the month of March 2014. 34

8 LATE CORRESPONDENCE

REPORTS FROM STAFF AND STANDING COMMITTEES

9 ENVIRONMENT AND PLANNING ................................................................. 71 9.1 Monthly Weed Activities Report 72

9.2 Development Statistics for the Month of February 2014 81

9.3 DRAFT Plan of Management - Barbour Park, Gunning 87

9.4 Development Application 3/2014 - Seniors Housing, Lots 18 & 19 Sec 8 DP758493, 62-64 Biala Street, Gunning 100

10 WORKS AND OPERATIONS ....................................................................... 227

10.1 Works In Progress - Construction & Maintenance 229

10.2 Works In Progress - Technical & Managerial 232

10.3 Consultants Progress Report Main Road 92 Project 234

10.4 Stormwater Drainage Improvements Oram street and Northcott Streets, Crookwell 236

10.5 Tender for Hire of Equipment (Plant & Trucks) up until 30 June 2015 240

10.6 Private Works & Plant Hire Policy Review 243

10.7 Road Naming - Big Hill Subdivision, Gunning. 250

10.8 Review of Road Naming Policy 252

10.9 Water and Sewer Update 254

Ordinary Meeting held on 20 March 2014


10.10 Access to Community Non Potable Water Supply Policy Review 258

10.11 Taralga Sewerage Scheme Connections Policy 261

10.12 Liquid Trade Waste Policy 263

10.13 Building Over Sewers Policy 311

10.14 Trees and Tree Root Management Policy 325

11 FINANCE AND ADMINISTRATION ............................................................. 335 11.1 Investments to 28 February 2014 336

11.2 Bank Balance and Reconciliation to 28 February 2014 339

11.3 Rates and Charges Outstanding as at 28 February 2014 341

11.4 Public Interest Disclosures and Internal Reporting Policy 345

12 GENERAL MANAGER ................................................................................. 365 12.1 Staffing Matters 366

12.2 Bribes Gifts and Benefits Policy Review 368

12.3 Councillor Training and Development Plan Policy Review 378

12.4 Delegations of Authority Policy and Procedure Review 384

12.5 Service Recognition Policy Review 387

12.6 Use of Council’s Logo and Seal Policy Review 391

12.7 Action Summary - Council decisions 395

13 LATE REPORTS

14 REPORTS FROM OTHER COMMITTEES, SECTION 355 COMMITTEES AND DELEGATES ....................................................................................... 399 14.1 Reports for the month of March 2014 400

15 BUSINESS WITHOUT NOTICE

16 NOTICES OF MOTION ................................................................................. 421 Nil

17 QUESTIONS WITH NOTICE ........................................................................ 423 17.1 Airborne Electromagnetic Survey of the proposed Peelwood Mine 424

17.2 Disaster Plan 425

17.3 Department of Environment and Heritage Survey 426

17.4 Felling of Trees at St Brigid's Church, Breadalbane 427

18 TENDER PANEL .......................................................................................... 429 Nil

UPPER LACHLAN SHIRE COUNCIL

LEAVE OF ABSENCE General Manager Upper Lachlan Shire Council Spring Street CROOKWELL NSW 2583 Dear Sir I wish to apply for leave of absence from the Council Meeting to be held on Date: …………………………………….... I will be absent for the following reason/s: ………………………………………………………………………………………… ………………………………………………………………………………………… ………………………………………………………………………………………… Yours faithfully ……………………………… (Councillor Signature)


ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST A GUIDING CHECKLIST FOR COUNCILLORS, OFFICERS AND COMMUNITY COMMITTEES ETHICAL DECISION MAKING Is the decision or conduct legal? Is it consistent with Government policy, Council’s objectives and Code of

Conduct? What will the outcome be for you, your colleagues, the Council, anyone else? Does it raise a conflict of interest? Could your possible conflict of interest lead to private gain or loss at public

expense? Can the decision be justified in terms of public interest? Would it withstand public scrutiny? CONFLICT OF INTEREST A conflict of interest is a clash between private interest and public duty. There

are two types of conflict: 1. Pecuniary – regulated by the Local Government Act and Department

of Local Government and, 2. Non-pecuniary – regulated by Codes of Conduct and policy, ICAC,

Ombudsman, Department of Local Government (advice only). THE TEST FOR CONFLICT OF INTEREST Is it likely I could be influenced by personal interest in carrying out my public

duty? Would a fair and reasonable person believe I could be so influenced? Conflict of interest is closely tied to the layperson’s definition of “corruption” –

using public office for private gain. Important to consider public perceptions of whether you have a conflict of

interest. IDENTIFYING PROBLEMS 1st Do I have private interest affected by a matter I am officially involved in? 2nd Is my official role one of influence or perceived influence over the matter? 3rd Do my private interest conflict with my official role? Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.


AGENCY ADVICE Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, Officers and Community Committee members by various pieces of legislation, regulation and Codes. Contact Phone Email Website Upper Lachlan Shire Council

(02) 4830 1000 [email protected] www.upperlachlan.local-e.nsw.gov.au

ICAC (02)8281 5999 Toll Free 1800463909

[email protected] www.icac.nsw.gov.au

Division of Local Government

(02) 4428 4100 [email protected] www.dlg.nsw.gov.au

NSW Ombudsman

(02) 9286 1000 Toll Free 1800451524

[email protected] www.ombo.nsw.gov.au


mailto:[email protected]

http://www.upperlachlan.local-e.nsw.gov.au/

http://www.upperlachlan.local-e.nsw.gov.au/


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


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


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


COUNCILLORS DISCLOSURE OF A

PECUNIARY INTEREST

PURSUANT TO SECTION 451 OF THE NSW LOCAL GOVERNMENT ACT 1993 (AS AMENDED)

To the General Manager I, ____________________________________________________________ Declare a Conflict of Interest, being a PECUNIARY Interest.

COUNCIL MEETING Name of Meeting ______________________________________________ Date of Meeting Page Number ________________________ Item Number _____________ Subject _____________________________________________________ Reason for Interest ___________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________

OTHER THAN COUNCIL MEETINGS Reason for Interest _____________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________ _____________________ Signature Date



COUNCILLORS DISCLOSURE OF A

NON-PECUNIARY INTEREST

PURSUANT TO SECTION 451 OF THE NSW LOCAL GOVERNMENT ACT 1993 (AS AMENDED)

To the General Manager

I, _______________________________________________________________________

Declare a Conflict of Interest, being a NON-PECUNIARY Interest. Significant Non- Significant

COUNCIL MEETINGS

Name of Meeting __________________________________________________________

Date of Meeting __________________________________________________________

Page Number ________________________ Item Number ________________________

Subject ________________________________________________________________

Reason for Interest _______________________________________________________

________________________________________________________________________

________________________________________________________________________

As a result of my non-pecuniary interest, my involvement in the meeting will be as follows:

Option A – Make a declaration, stay in the Chamber, participate in the debate, and vote.

Option B – Make a declaration, stay in the Chamber, participate in the debate, but not

vote. Option C – Make a declaration, stay in the Chamber, participate in the debate, but leave

the Chamber for the vote. Option D – Make a declaration, stay in the Chamber, not participate in the debate, but

vote. Option E – Make a declaration, stay in the Chamber, not participate in the debate and

not vote. Option F – Make a declaration, do not participate in the debate, leave the Chamber

upon making the declaration, and not return until the matter is resolved.

___________________________ _______________________ Signature Date



4

4 CONFIRMATION OF MINUTES CONFIRMATION OF MINUTES

The following minutes are submitted for confirmation -

4.1 Minutes of the Ordinary Meeting of Council of 20 February 2014 ..................... 13


MINUTES OF THE

ORDINARY MEETING OF COUNCIL

HELD IN THE COUNCIL CHAMBERS

ON 20 FEBRUARY 2014


Minutes of Ordinary Meeting of Council 20/02/2014

PRESENT: Councillor Shaw, Wheelwright, Marshall, Searl, Barlow, O’Brien, McCormack, Craig and Culhane, Messrs J Bell (General Manager), P Newham (Director of Works and Operations), A Croke (Director of Finance and Administration) and Mrs T Dodson (Director of Environment and Planning), Messrs G Anable (Manager of Works), L Moloney (Manager of Operations), P Brown (Manager Noxious Weeds), Mrs M Vassallo (Media Officer) and Mrs H Peterson (Executive Assistant).

THE MAYOR DECLARED THE MEETING OPEN AT 9.00am

SECTION 1: APOLOGIES & LEAVE OF ABSENCE

There were no apologies.

SECTION 2: CITIZENSHIP CEREMONY

Nil

SECTION 3: DECLARATIONS OF INTEREST

Clr Marshall declared a Significant Non-Pecuniary Interest in Item 10.4 as she is a member of SPARC and a member of the Crookwell Swimming Club and will make a declaration, stay in the Chamber, participate in the debate, but leave the Chamber for the vote.

Clr Barlow declared a Non-Significant Non-Pecuniary Interest in

Item 10.3 – Works in Progress – Technical and Managerial as he is a non-executive member of three Landscape Guardian Groups and will make a declaration, stay in the Chamber, participate in the debate and vote.

Clr Craig declared a Non-Significant Non-Pecuniary Interest in

Item 9.2 – DA87/2013 – Taralga Australia Day Rodeo Committee as his wife is the Secretary of the Committee, and will make a declaration, stay in the Chamber, participate in the debate and vote.


MINUTES OF THE



ON 20 FEBRUARY 2014


SECTION 4: CONFIRMATION OF MINUTES

01/14 RESOLVED by Clr Searl and Clr Barlow

That the minutes of the Ordinary Council Meeting held on 19 December 2013 be adopted.

- CARRIED

SECTION 5: MAYORAL MINUTES

Nil

SECTION 6: PRESENTATIONS TO COUNCIL/PUBLIC

Clr Jo Marshall and Mr Hal Rikard-Bell made a presentation to Council on behalf of SPARC regarding the Indoor Sport and Recreation Facility.

SECTION 7: CORRESPONDENCE

ITEM 7.1 CORRESPONDENCE FOR THE MONTH OF FEBRUARY 2014

02/14

03/14

RESOLVED by Clr Craig and Clr Wheelwright That Item 7.1 - Correspondence/Information listed below be received: 1. Hon Katrina Hodgkinson MP – Request for recovery of repairing

sewer pipeline damaged in Crookwell – December 2010 flood event.

2. State Emergency Services – Appointment of Gary Poile as Unit Controller for Gunning Unit.

3. State Emergency Services – Appointment of Denise Perry as Unit Controller for Bigga Unit.

4. South East Region of Renewable Energy Excellence – Support for the Renewable Energy Excellence Program.

RESOLVED Clr McCormack and Clr Culhane that Council

forward a copy of the Upper Lachlan Shire Council Logo to SERREE for inclusion on their website.


MINUTES OF THE



ON 20 FEBRUARY 2014


5. Division of Local Government – Circular 14/01 – release of Final

reports – Independent Local Government Review Panel and Local Government Acts Taskforce.

6. Local Government NSW – Media Release – LGNSW demands the NSW Government extend time for Council’s to respond to Review Panel Report.

7. Independent Local Government Review Panel – Media Release – Revitalising Local Government.

8. Hon Don Page MP – Advising of Final Reports of the Independent Local Government Review Panel and the Local Government Acts Taskforce.

9. NSW Local Government Remuneration Tribunal – Review commenced for 2014 annual determination – fees payable to Councillors and Mayors from 1 July 2014.

10. NSW Government Trade & Investment – Crown Lands – Engaged AquaManage Environmental – water treatment plant at Grabine Lakeside State Park.

11. Country Mayors Association of NSW – Media Release – Release of the Independent Local Government Review Panel and the Local Government Acts Taskforce.

- CARRIED

SECTION 8: LATE CORRESPONDENCE

ITEM 8.1 LATE CORRESPONDENCE FOR THE MONTH OF FEBRUARY 2014

04/14 RESOLVED by Clr O'Brien and Clr Searl

That Item 8.1 - [Correspondence/Information] listed below be received: 1. Division of Local Government – Circular 14/04 – Extension of

time for Submissions on Panel and Taskforce final reports.

- CARRIED


MINUTES OF THE



ON 20 FEBRUARY 2014


REPORTS FROM STAFF AND STANDING COMMITTEES

SECTION 9: ENVIRONMENT AND PLANNING

Item 9.1 MONTHLY WEED ACTIVITIES REPORT

05/14 RESOLVED by Clr Marshall and Clr O'Brien

1. Council receive and note the report as information.

Councillors who voted for:- Councillors McCormack, Shaw,

Wheelwright, Culhane, Barlow, Marshall, Searl, Craig, and O'Brien

Councillors who voted against:- Nil

- CARRIED

ITEM 9.2 DEVELOPMENT STATISTICS FOR THE MONTHS OF DECEMBER 2013 AND JANUARY 2014

06/14 RESOLVED by Clr O'Brien and Clr Marshall





- CARRIED


MINUTES OF THE



ON 20 FEBRUARY 2014


ITEM 9.3 KEEPING OF POULTRY (RESIDENTIAL AREAS)

07/14 RESOLVED by Clr Wheelwright and Clr McCormack

1. Council adopts the reviewed Keeping of Poultry (Residential Areas) Policy.




- CARRIED

ITEM 9.4 DEVELOPMENT BONDING POLICY

08/14 RESOLVED by Clr Marshall and Clr O'Brien

1. Council adopts the reviewed Development Bonding Policy.




- CARRIED


MINUTES OF THE



ON 20 FEBRUARY 2014


ITEM 9.5 STREET NUMBERING - URBAN AREAS POLICY

09/14 RESOLVED by Clr Wheelwright and Clr Marshall

1. Council adopts the reviewed Street Numbering – Urban Areas Policy.




- CARRIED

ITEM 9.6 RELEASE OF SUBDIVISION CERTIFICATES POLICY

10/14 RESOLVED by Clr McCormack and Clr Wheelwright

1. Council adopts the reviewed Release of Subdivision Certificates Policy.




- CARRIED


MINUTES OF THE



ON 20 FEBRUARY 2014


ITEM 9.7 RENEW AUSTRALIA

11/14 RESOLVED by Clr Wheelwright and Clr Searl


2. Council apply to become a member of Renew Australia in the 2014-2015 Financial year to a maximum of $2500.00.




- CARRIED

The time being 10.45am the meeting adjourned for morning tea.

The time being 11.05am the meeting resumed.

SECTION 10: WORKS AND OPERATIONS

ITEM 10.1 WORKS IN PROGRESS - CONSTRUCTION & MAINTENANCE

12/14 RESOLVED by Clr McCormack and Clr Barlow


- CARRIED


MINUTES OF THE



ON 20 FEBRUARY 2014


ITEM 10.2 CONTRACTOR PERFORMANCE REPORT - DECEMBER 2013



- CARRIED

ITEM 10.3 WORKS IN PROGRESS - TECHNICAL & MANAGERIAL

14/14 RESOLVED by Clr Barlow and Clr Craig


- CARRIED

ITEM 10.4 UPPER LACHLAN SPORT AND RECREATION CENTRE FEASIBILTY STUDY

MOVED by Clr Barlow and Clr McCormack

1. Council does not proceed with the proposed Upper Lachlan Sport and Recreation Centre as proposed in the Corengal Report.

AN AMENDMENT was moved by Clr Culhane and Clr Searl that Council acknowledges both the social and significant community support for the proposal by SPARC for the establishment of an Upper Lachlan Indoor Sports and Recreational Facility. Council endorses and stands with SPARC in the pursuit of full external capital funding for the project and an affordable ongoing operational model to bring this project to fruition.


MINUTES OF THE



ON 20 FEBRUARY 2014


15/14

On being put to the meeting the amendment was carried and became the motion.

In accordance with her declaration Clr Marshall left the meeting while the vote was taken.

RESOLVED Clr Culhane and Clr Searl that Council acknowledges both the social and significant community support for the proposal by SPARC for the establishment of an Upper Lachlan Indoor Sports and Recreational Facility. Council endorses and stands with SPARC in the pursuit of full external capital funding for the project and an affordable ongoing operational model to bring this project to fruition.

Clr Marshall returned to the meeting at the completion of the vote.

- CARRIED

ITEM 10.5 WATER AND SEWER UPDATE

16/14 RESOLVED by Clr Marshall and Clr Barlow


- CARRIED


MINUTES OF THE



ON 20 FEBRUARY 2014


SECTION 11: FINANCE AND ADMINISTRATION

ITEM 11.1 INVESTMENTS TO 31 JANUARY 2014

17/14 RESOLVED by Clr Wheelwright and Clr McCormack


- CARRIED

ITEM 11.2 BANK BALANCES AND RECONCILIATION TO 31 DECEMBER 2013 AND 31 JANUARY 2014



- CARRIED

ITEM 11.3 RATES AND CHARGES OUTSTANDING AS AT 31 JANUARY 2014

19/14 RESOLVED by Clr Craig and Clr Marshall


- CARRIED


MINUTES OF THE



ON 20 FEBRUARY 2014


ITEM 11.4 QUARTERLY BUDGET REVIEW STATEMENTS 2013-2014


1. Council adopts the 2nd Quarter Budget Review Statements for 2013/2014 including revotes of income and expenditure to the Operational Plan; and

2. Council endorses the Operational Plan Performance Summary Report.

- CARRIED

ITEM 11.5 LIBRARY QUARTERLY REPORT

21/14 RESOLVED by Clr O'Brien and Clr Searl


- CARRIED

ITEM 11.6 SPORTING REPRESENTATION DONATION POLICY

22/14 RESOLVED by Clr Marshall and Clr Craig

1. Council adopt the Sporting Representation Donations Policy.

- CARRIED


MINUTES OF THE



ON 20 FEBRUARY 2014


ITEM 11.7 SECTION 356 - FINANCIAL ASSISTANCE POLICY


1. Council adopt the Section 356 – Financial Assistance Policy.

- CARRIED

ITEM 11.8 STORES STOCKTAKE REPORT DECEMBER 2013

24/14 RESOLVED by Clr Marshall and Clr Culhane

1. Council write-off the stores stocktake variance to the value of $2,489.63.

- CARRIED

SECTION 12: GENERAL MANAGER

ITEM 12.1 STAFFING MATTERS



- CARRIED


MINUTES OF THE



ON 20 FEBRUARY 2014


ITEM 12.2 LOCAL GOVERNMENT (GENERAL) AMENDMENT (PERFORMANCE MANAGEMENT) REGULATION 2013

26/14 RESOLVED by Clr Craig and Clr Searl


- CARRIED

ITEM 12.3 INCOMING GRANTS MANAGEMENT POLICY


1. Council adopts the Incoming Grants Management Policy.

- CARRIED

ITEM 12.4 WHS COMMITTEE MINUTES

28/14 RESOLVED by Clr Searl and Clr McCormack

1. That Council receives and notes the WHS Committee Meeting Minutes as information and adopts the following recommendation contained within the WHS Committee Meeting Minutes:

The Hazardous Noise Policy be adopted by Council.

- CARRIED


MINUTES OF THE



ON 20 FEBRUARY 2014


ITEM 12.5 CONSULTATIVE COMMITTEE MEETING MINUTES


1. Council receives and notes the Consultative Committee Meeting Minutes as information and adopts the following recommendation contained within the Consultative Committee Meeting Minutes:

The reviewed Recruitment and Selection Policy be adopted by Council.

- CARRIED

ITEM 12.6 INDEPENDENT LOCAL GOVERNMENT REVIEW PANEL FINAL REPORT: REVITALISING LOCAL GOVERNMENT

30/14 RESOLVED by Clr Barlow and Clr Craig

1. That in relation to the final report of the Independent Local Government Review Panel: Revitalising Local Government, a submission be made to the Minister for Local Government in the terms outlined in this report.

- CARRIED


MINUTES OF THE



ON 20 FEBRUARY 2014


ITEM 12.7 LOCAL GOVERNMENT ACTS TASKFORCE: A NEW LOCAL GOVERNMENT ACT FOR NSW AND THE REVIEW OF THE CITY OF SYDNEY ACT 1988

31/14 RESOLVED by Clr Marshall and Clr McCormack

1. Council endorses a submission to the Division of Local Government regarding Local Government Acts Taskforce: A New Local Government Act for NSW and the Review of the City of Sydney ACT 1988, in the terms outlined in this report.

- CARRIED

ITEM 12.8 ACTION SUMMARY - COUNCIL DECISIONS

32/14 RESOLVED by Clr Barlow and Clr Marshall


- CARRIED

SECTION 13: LATE REPORTS

Nil

SECTION 14: REPORTS FROM OTHER COMMITTEES, SECTION 355 COMMITTEES AND DELEGATES

ITEM 14.1 MINUTES/INFORMATION FOR THE MONTH OF FEBRUARY 2014

33/14 RESOLVED by Clr Craig and Clr Searl


MINUTES OF THE



ON 20 FEBRUARY 2014


That Item 14.1 - [Minutes of Committee/Information] listed below be received: 1. Community Technology Centre – Minutes from Annual General

Meeting held 16 December 2013. 2. Upper Lachlan Tourist Association – Minutes from meeting held

3 February 2014. 3. Crookwell Potato Festival – Minutes from meeting held 14

January 2014. 4. Australia Day Committee – Minutes from meeting held 12

November 2014.

- CARRIED

SECTION 15: BUSINESS WITHOUT NOTICE

Nil

SECTION 16: NOTICES OF MOTION

Nil

SECTION 17: QUESTIONS WITH NOTICE

ITEM 17.1 KERBSIDE COMMUNITY RE-USABLE ITEMS DAYS

Refer to the Business Paper for 20 February 2014 for the General Managers response.

ITEM 17.2 CLARIFICATION OF SWIMMING POOL ADMISSION FEES



MINUTES OF THE



ON 20 FEBRUARY 2014


ITEM 17.3 CLARIFICATION ON THE OPERATION OF THE DALTON WATER BORES


CLOSED COUNCIL ITEMS In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in 10A (2) (a) - personnel matters concerning particular individuals (other than councillors) of the Act and should be dealt with in a part of the meeting closed to the public and the media. Note: Pursuant to Clause 25(1) of the Local Government (Meetings) Regulation, Council invites verbal representation by members of the public about whether the items listed below should not be considered by Council in a Closed Meeting. The items are: 34/14 RESOLVED by Clr Wheelwright and Clr McCormack

1. That Council move into closed Council to consider business identified, together with any late reports tabled at the meeting.

2. That pursuant to the Local Government Act 1993: the press and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of section 10A (2) (a) as outlined above.

3. That the report relevant to the subject business be withheld from access to the media and public as required by section 11(2) of the Local Government Act, 1993.

Council closed its meeting at 12.50pm and the public, staff and press left the chambers. 35/14 RESOLVED by Clr Craig and Clr Searl

That Council move out of closed Council and into open Council.


MINUTES OF THE



ON 20 FEBRUARY 2014


Open Council resumed at 12.55pm. Resolutions from the Closed Council Meeting The following resolutions of Council, while the meeting was closed to the public, were read to the meeting by the Mayor.

SECTION 18: CONFIDENTIAL SESSION

ITEM 18.1 STAFFING MATTERS

36/14 RESOLVED by Clr O'Brien and Clr Culhane

1. That Council receive and note the report as information.

- CARRIED

SECTION 19: TENDER PANEL

Nil THE MEETING CLOSED AT 1pm

Minutes confirmed 20 MARCH 2014

…………………………. Mayor


5

5 MAYORAL MINUTES MAYORAL MINUTES

There were no items submitted for this section at the time the Agenda was compiled.


7

7 CORRESPONDENCE CORRESPONDENCE

The following item is submitted for consideration -

7.1 Correspondence for the month of March 2014. 34 7.1 CorrespondencCorrespondence

e for the month of March 2014.

Correspondence - 20 March 2014

Ordinary Meeting of Council held on 20 March 2014

ITEM Correspondence for the month of March 2014.

Recommend

ation

RECOMMENDATION: That Item 7.1 - [Correspondence/Information] listed below be received: 1. Hon Warren Truss MP – Regional Development Australia Fund (RDAF) and

Television Transmission service in Crookwell. 2. Hon Katrina Hodgkinson MP – Recognition as Upper Lachlan Shire as Echidna

Friendly. 3. Mr Ron Cummins – Crookwell Television service project. 4. Southern Phone Company – Shareholder Dividend payments to all

shareholders. 5. Office of Local Government – Change from Division of Local Government to

Office of Local Government. 6. Boorowa and Young Councils – offering Upper Lachlan Shire the opportunity to

participate in their project to review options for merger. 7. United Services Union ( USU ) - Submission to the Independent Review Panel 8. Department of Premier and Cabinet - Office of Local Government - Circular to

Councils 14/05 - 2014 Ministers Awards for Women in Local Government. 9. Hon Katrina Hodgkinson MP - Government will provide financial assistance to

Council for cost of water cartage to Gunning and Dalton if required. 10. John and Christine Black – thanks to Council Staff for clean up at Curraweela

Creek. 11. Satellite Television and Radio Australia – advising of development of an

emergency alert system. 12. NSW Planning and Infrastructure – update on Gullen Range Wind Farm. 13. Senator the Hon Simon Birmingham – response to correspondence forwarded

November 2013.

ATTACHMENTS ATTACHMENTS ATTACHMENTS

ATTACHMENTS

1. The Hon Warren Truss MP - Regional Development Australia Fund ( RDAF ) & Television Transmission Service for Crookwell

Attachment

2. Hon Katrina Hodgkinson - Recognition as Upper Lachlan Shire as Echidna Friendly

Attachment

3. Ron Cummins - Crookwell television service project - further concerns - right proposal needs to be submitted to the Minister

Attachment

4. Southern Phone Company - shareholder dividend and list of payments to all shareholders

Attachment

5. Office of Local Government - Change from Division of Local Government to Office of Local Government

Attachment

6. Boorowa and Young Councils project brief for Hilltops Regional Governance Options

Attachment

7. United Services Union (USU) Submission to the Independent Review Panel

Attachment

8. Deparment of Premier and Cabinet - Office of Local Government - Circular to Council 14/05

Attachment

Correspondence CORRESPONDENCE FOR THE MONTH OF MARCH 2014. cont’d


9. Hon Katrina Hodgkinson MP - Government will provide financial assistance to Council for cost of water cartage to Gunning and Dalton if required

Attachment

10. John and Christine Black thanking Council for work on Curraweela Creek corner and crossing

Attachment

11. Satellite Television & Radio Australia - Advising of development of an Emergency Alert System

Attachment

12. NSW Planning and Infrastructure - Update Gullen Range Wind Farm Turbine Location Issues - Neville Osborne

Attachment

13. Senator Hon Simon Birmingham - Reference to 29 November 2013 correspondence

Attachment

Item: 7.1 Attachment 1.: The Hon Warren Truss MP - Regional Development Australia Fund ( RDAF ) & Television Transmission Service for Crookwell


Item: 7.1 Attachment 2.: Hon Katrina Hodgkinson - Recognition as Upper Lachlan Shire as Echidna Friendly


Item: 7.1 Attachment 3.: Ron Cummins - Crookwell television service project - further concerns - right proposal needs to be submitted to the Minister


Item: 7.1 Attachment 4.: Southern Phone Company - shareholder dividend and list of payments to all shareholders


Item: 7.1 Attachment 5.: Office of Local Government - Change from Division of Local Government to Office of Local Government


Item: 7.1 Attachment 6.: Boorowa and Young Councils project brief for Hilltops Regional Governance Options


Item: 7.1 Attachment 7.: United Services Union (USU) Submission to the Independent Review Panel


Item: 7.1 Attachment 8.: Deparment of Premier and Cabinet - Office of Local Government - Circular to Council 14/05


Item: 7.1 Attachment 9.: Hon Katrina Hodgkinson MP - Government will provide financial assistance to Council for cost of water cartage to Gunning and Dalton if required


Item: 7.1 Attachment 10.: John and Christine Black thanking Council for work on Curraweela Creek corner and crossing

Council, Thank you all involved in the clearing up, cleaning out, and generally making Curraweela Creek corner and crossing more visible and safer for all road users. It has been very untidy and unsafe for quite a while, but now looks much better. As local residents who live near this corner and use it very regularly we are grateful. We just have to work out how to stop people from coming all this way just to dump their rubbish! Regards, Chris & John Black


Item: 7.1 Attachment 11.: Satellite Television & Radio Australia - Advising of development of an Emergency Alert System


Item: 7.1 Attachment 12.: NSW Planning and Infrastructure - Update Gullen Range Wind Farm Turbine Location Issues - Neville Osborne


Item: 7.1 Attachment 13.: Senator Hon Simon Birmingham - Reference to 29 November 2013 correspondence



9

9 ENVIRONMENT AND PLANNING ENVIRONMENT AND PLANNING

The following items are submitted for consideration -

9.1 Monthly Weed Activities Report 72

9.2 Development Statistics for the Month of February 2014 81

9.3 DRAFT Plan of Management - Barbour Park, Gunning 87

9.4 Development Application 3/2014 - Seniors Housing, Lots 18 & 19 Sec 8 DP758493, 62-64 Biala Street, Gunning 100

Environment and Planning - 20 March 2014


Environment and Planning 9.1 Monthly Weed Activities Report

ITEM 9.1 Monthly Weed Activities Report

FILE REFERENCE I14/96

AUTHOR Manager of Noxious Weeds

ISSUE

Providing Council with a summary of the weed control activities that have been conducted in the month of February 2014.

Recom

mendation

RECOMMENDATION That -

1. Council receives and note the report as information.

BACKGROUND Standard monthly report providing Council with a summary of the weed control activities that have been conducted in the month of February 2014. REPORT Property Inspections

Property Weed Parish Road or Street Date Action Degre

eLot 155 DP 754127 ST Lerida Gundaroo 15/2/14 Notified 2Lot 1 DP 834882 ST Gunning Dalton 18/2/14 Notified 1Lot 311 DP 754118 ST Gunning Dalton 18/2/14 Notified 1Lot 186 DP 754128 ST Manton Sheldrick Ln 18/2/14 Notified 1Lot 31 Dp754111 ST Dalton Loop 18/2/14 Notified 1Lot 30 DP 754122 ST/ BB Jerrawa Coolalie 19/2/14 Notified 2Lot 259 DP 754106 ST/BB Bunton Pudman 19/2/14 Notified 1Lot 30 DP133768 ST/BB Manton Sheldrick Ln 19/2/14 Notified 1Lot 111 DP 754106 ST/BB Bunton Felled Timber 19/2/14 Notified 1Lot 1 DP 125814 BB Collector Church St 20/2/14 Notified 3Lot 1 DP 743660 ST/BB Garway Sapphire 25/2/14 Notified 1Lot 215 DP 754118 ST Gunning Gundaroo 14/2/14 Routine 1Lot 25 DP 665002 B/B Wangalo Peelwood 4/2/14 Routine 2Lot 224 DP 753039 B/B Wangalo Peelwood 4/2/14 Routine 2Lot 253 DP 753039 B/B Wangalo Peelwood 4/2/14 Routine 1Lot 252 DP 753039 B/B Wangalo Peelwood 4/2/14 Notified 2Lot 15 DP 753060 SJW Wangalo Peelwood 4/2/14 Routine 1Lot 222 DP 753039 B/B Wangalo Peelwood 5/2/14 Routine 2 Lot 47 DP 753039 B/B Wangalo Peelwood 5/2/14 Notified 2Lot 108 DP 753066 B/B Wangalo Peelwood 5/2/14 Routine 1

Environment and Planning MONTHLY WEED ACTIVITIES REPORT cont’d


Lot233 DP 753039 BB S/T Wangalo Peelwood 5/2/14 Routine 2 & 1Lot 41 DP 753039 BB Wangalo Peelwood 5/2/14 Notified 2Lot 58 DP 753039 BB Wangalo Peelwood 5/2/14 Routine 1Lot 109 DP 753060 BB Wangalo Peelwood 5/2/14 Notified 2Lot 15 DP 753039 BB Wangalo Peelwood 5/2/14 Routine 1Lot 59 DP 753039 S/T BB Wangalo Kangaloolah 6/2/14 Routine 1 & 1Lot 67 DP 753060 SJW Wangalo Kangaloolah 6/2/14 Notified 2Lot 6 DP 1004580 S/T BB Keverstone Bigga 10/2/14 Routine 1 & 1Lot 1 DP 1004580 S/T BB Keverstone Bigga 10/2/14 Routine 1 & 2Lot 388 DP 754147 S/T Winduella Boorowa 11/2/14 Routine 1Lot 4 DP 1041408 S/T BB Crookwell Iron Mine 11/2/14 Notified 2 & 2Lot 1 DP 794104 S/T Burridgee Millsvale 12/2/14 Routine 2Lot 2 DP 794104 S/T Burridgee Millsvale 12/2/14 Routine 1Lot 150 DP 755472 S/T Burridgee Millsvale 12/2/14 Routine 1Lot 98 DP 753021 S/T Burridgee Millsvale 12/2/14 Notified 2Lot 2 DP 826784 S/T Burridgee Millsvale 13/2/14 Routine 1Lot 2 DP 749820 S/T BB Burridgee Millsvale 13/2/14 Notified 2 & 2Lot 106 DP 753021 S/T BB Burridgee Millsvale 13/2/14 notified 2 & 3Lot 3 DP 806539 S/T Burridgee Millsvale 18/2/14 Routine 2Lot 4 DP 806539 S/T Burridgee Millsvale 18/2/14 Routine 1Lot 61 DP 753021 S/T Burridgee Millsvale 18/2/14 Routine 2Lot 141 DP 753021 S/T Burridgee Millsvale 18/2/14 Notified 2Lot 29 DP 753013 S/T Bingham Millsvale 19/2/14 Notified 2Lot 25 DP-753013 S/T Bingham Millsvale 19/2/14 Notified 2Lot 11 DP 753013 S/T Bingham Cooksvale 19/2/14 Notified 2Lot 851 DP S/T Bingham Wangalo 20/2/14 Routine 2Lot 65 DP 753021 S/T Bingham Wangalo 20/2/14 Routine 2Lot 852 DP S/T BB Wangalo Wangalo 20/2/14 Routine 1& 1Lot 76 DP 753060 S/T Wangalo Kangaloolah 20/2/14 Notified 2Lot 63 DP 753021 S/T Wangalo Wangalo 21/2/14 Notified 2Lot 171 DP 753060 S/T Wangalo Wangalo 21/2/14 Routine 2Lot 80 DP 753067 S/T Grabine Grabine 24/2/14 Notice 3Lot 28 DP 112253 S/T Wangalo Peelwood 25/2/14 Notified 2Lot 50 DP 753039 S/T Wangalo Peelwood 25/2/14 Notified 2Lot 3 DP 1044371 S/T Wangalo Cooksvale 25/2/14 Routine 1Lot 2 DP 1044371 S/T Wangalo Peelwood 25/2/14 Routine 1Lot 232 DP 754147 S/T BB Winduella Boorowa 26/2/14 Notice 2 & 3Lot 205 DP 753012 S/T Binda Redground 26/2/14 Routine 2Lot 5 DP 131619 S/T Kiamma Harley 26/2/14 Routine 1Lot 1 DP 1044371 S/T Wangalo Peelwood 27/2/14 Routine 2Lot37 DP 753057 S/T Wangalo Cooksvale 4/3/14 Routine 1Lot 3 DP 753013 S/T Wangalo Wangalo 4/2/14 Routine 1Lot 1 DP 133089 S/T Tarlo Chapmans Ln 5/3/14 Notified 2

Key for Weed Abbreviations

S/T - Serrated Tussock BB - Blackberry SJW - St John’s Wort PC - Paterson’s Curse STh - Scotch Thistle NTh - Nodding Thistle SB - Scotch Broom FW - Fireweed CNG - Chilean Needle Grass ALG - African Lovegrass GO - Gorse Weed ID - Weed Identification



Key for Degree of Infestations

1. Scattered Plants 2. Scattered Plants with Isolated Patches 3. Dense Infestations

Key for Actions of Inspections Routine – an inspection where the landowner has either provided adequate information or conducted adequate control work to fulfil their obligations to control noxious weed infestations on their land. Notified – an inspection where landowners are notified either verbally or by letter that control work is required on specific weed infestations. These inspections generally will require a reinspection. Reinspection – an inspection that has been conducted to investigate whether adequate control work has been conducted after notification to control weed infestations. Notice – an inspection where a Weed Control Notice under section 18 of the Act has been served.

Roadside Weed Control Roadside weed control programs are continuing to focus on Woody Weed infestations with this control work planed to continue over the next two months. This work has included the control of sifton bush within areas where this plant is not widespread on land adjoining the roadside.



Natural Resources Commission Review of Weed Management in NSW – Draft Report In late February 2014 the above draft report was released by the Natural Resources Commission, who has indicated that the draft report was informed by research, consultation and over 200 public submissions. The draft report outlines findings and recommendations which have been summarized within this report. The Natural Resources Commission are now inviting submissions on the draft report until 6 April 2014 and will produce a final report for the Minister for Primary Industries by late May 2014. The NRC has confirmed that they will continue to consult with stakeholders through March and April with seven public meetings. The closes meetings our area is Wagga Wagga on 27 March and Nowra on 28 March. The draft report will also be discussed at the ST&SCNPC meeting scheduled to be held at Queanbeyan on 13 March. The main changes in the draft report are the establishment of Regional Weed Committees as a subcommittee of each Local Land Service. These committees will be responsible for the development of regional weed management plans and to recommend widespread weed declarations. Also under the draft report Local Land Services will be responsible to allocate state funding. As the Local Control Authority the proposed changes for Upper Lachlan Shire Council in this draft report include: property certification, industry registration, input of data collection into a state-wide system and participation in the Regional Weed Committee. The full draft report can be viewed at: http://www.nrc.nsw.gov.au/Workwedo/ReviewOfWeedManagementInNSW.aspx A copy of the draft recommendations and the proposed structure are attached. Weed Control Order 2014 Advice has been received from the Department of Primary Industries that the Weed Control Order 2014, an order made under sections 7 and 8 of the Noxious Weeds Act 1993, has now been published in the NSW Government Gazette No 23 on Friday 28 February 2014. The changes for Upper Lachlan Shire Council’s Noxious Weeds List in the new order include: Class 1 State Prohibited Weed: New Weed Frogbit / Spongeplant Limnobium laevigatum and L. spongia

http://www.nrc.nsw.gov.au/Workwedo/ReviewOfWeedManagementInNSW.aspx



Weed moved from Class 2 to Class 1 Boneseed Chrysanthemoides monilifera subspecies monilifera Tropical soda apple Solanum viarum Class 2 Regionally Prohibited Weeds: New Weeds Black willow Salix nigra Cat's claw creeper Dolichandra unguis-cati (syn.

Macfadyena unguis-cati) Grey sallow Salix cinerea Class 3 Regionally Controlled Weeds: New Weed Coolatai grass Hyparrhenia hirta Weeds moved from Class 4 to Class 3 Pampas grass Cortaderia species Long-leaf willow primrose Ludwigia longifolia Class 4 Locally Controlled Weeds: New Weeds Asparagus Asparagus species except A. officinalis

and A. racemosus Flax-leaf broom Genista linifolia Madeira vine Anredera cordifolia Montpellier broom / Cape broom Genista monspessulana Sagittaria Sagittaria platyphylla (syn. Sagittaria

graminea variety platyphylla) Silver-leaf nightshade Solanum elaeagnifolium Weeds Removed from Class 4 Scotch thistle, Stemless thistle, Illyrian thistle, Taurian thistle

Onopordum species

Sweet briar Rosa rubiginosa Wording of the Class 4 Control Measures The control measure wording for class 4 weeds has been revised under weed control order 2014. The control measure has changed to:



“The growth of the plant must be managed in a manner that continuously inhibits the ability of the plant to spread”. Some class 4 weeds also include the measure: “and the plant must not be sold, propagated or knowingly distributed”. Council’s current weed control programs will be able to adequately address the changed classes and the newly included weeds within this order. Insert POLICY IMPACT Nil OPTIONS Nil FINANCIAL IMPACT OF RECOMMENDATIONS Nil

RECOMMENDATION That - 1. Council receives and note the report as information. ATTACHMENTS

ATTACHMENTS

1. Review of Noxious Weed Management in NSW - Draft Report - Extract

Attachment

Item: 9.1 Attachment 1.: Review of Noxious Weed Management in NSW - Draft Report - Extract




9.2 Development Statistics for the Month of February 2014

ITEM 9.2 Development Statistics for the Month of February 2014


AUTHOR Economic Development Officer

ISSUE

Providing Council with a summary of the development control activities that have occurred in the month of February 2014.

Recom

mendation


1. Council receives and notes the information.

BACKGROUND Standard monthly report providing Council with a summary of the development control activities that have occurred in the month of February 2014. REPORT The following table outlines the type and value of new development.

Statistics by Development Type

Current Year Last year

DA Type February 2014 Year to Date

1/7/2013-30/6/2014 February 2013

Year to date 1/7/2012-28/2/2013

Count $Value Count

$Value Count

$Value Count $Value

Commercial

0 $0 1 $500,000 0 $0 4 $344,000

Residential 8 $1,333,370 78 $10,853,264 7 $840,400 64 $10,455,514

Industrial 0 $0 0 $0 0 $0 0 $0

Other 4 $25,750 8 $48,750 0 $0 6 $12,000

Total 12 $1,359,120 87 $11,402,014 7 $840,400 74 $10,811,514

Subdivision

Type Count Lots Count Lots Count

Lots Count Lots

Residential 0 0 0 0 1 2 4 21

Rural Residential 2 10 8 28 2 24 5 57

Environment and Planning DEVELOPMENT STATISTICS FOR THE MONTH OF FEBRUARY 2014 cont’d


Commercial 1 2 1 2 0 0 0 0

Industrial 0 0 0 0 0 0 0 0

Boundary Adjustment

1 0 1 0 0 0 4 0

Strata 0 0 0 0 0 0 0 0

Agricultural 0 0 11 34 2 11 10 29

Total 4 12 21 64 5

37 23 107

1. Development Applications

The level of development applications received is detailed in the following graph.

The current level of development activity being assessed is summarised in the following table:

DAs under

assessment DA

Modifications under

assessment

DAs received

Feb 2014

DA Modifications

Received Feb 2014

DAs determined Feb 2014

DA modification determined Feb 2014

23 4 13 3 10 1 The average determination processing time is for the month of February was 32 days. The determinations issued from 1 February 2014 to 28 February 2014 are summarised in the following table:

Determinations Issued between 1 February 2014 to 28 February 2014

DA No. Proposal Property



Determinations Issued between 1 February 2014 to 28 February 2014


47/2012 Modification

Alterations/Additions Lot 16, 17 & 18 Sec 3 DP 976169 – Court St, Taralga

116/2013 Dwelling Lot 13 DP 248872 – 2084 Crookwell Rd, Wayo

121/2013 Dwelling Lot 7 DP 1149248 – 5857 Gundaroo Rd, Gunning

125/2013 Garage/Shed Lot 1 DP 737957 – 73 Orchard St, Taralga

127/2013 Alterations/Additions Lot 38 DP 754114 – 154 Alton Hill Rd, Gunning

128/2013 Dwelling Lot 7 Sec 14 DP 758110 – Edward St, Binda

130/2013 Carport/Awning Lot 206 DP 753041 – Blackman St, Bigga

131/2013 Dwelling Lot 2 DP 847870 – 920 Tyrl Tyrl Rd, Golspie

6/2014 Garage/Shed Lot 3 DP 1189076 – 74 Reservoir Rd, Crookwell

8/2014 Garage/Shed Lot 105 DP 1111842 – 14 Tait St, Crookwell

11/2014 Community Event Lot 251 DP 750017 – Walsh St, Taralga

The development applications outstanding as of 28 February 2014 are summarised in the following table:

Development Applications Outstanding on 28 February 2014 (In order of date submitted to Council)


91/2013 Alterations/Additions Lot 19 & 20 Sec 9 DP 758104 – Mulgowrie St, Bigga

110/2013 Subdivision Lot 82 & 83 DP 133669 – Grosvenor St, Gunning

113/2013 Mixed Use Development Lot A DP 33097 – 163 Goulburn St, Crookwell

117/2013 Dwelling Lot 95 DP 753028 – 95 Bigga Rd, Binda

118/2013 Change of Use Lot 95 DP 753028 – 95 Bigga Rd, Binda

120/2013 Dwelling Lot 1 DP 1173503 – 3366 Middle Arm Rd, Roslyn

124/2013 Garage/Shed Lot 6 DP 702495 – 82 Hillas St, Taralga

194/2008 (Modification)

Subdivision Lot 8 DP 624151 – 1143 Jerrong Rd, Wiarborough

1/2014 Dwelling Lot 80 DP 754141 – Lost River Rd,



Development Applications Outstanding on 28 February 2014 (In order of date submitted to Council)


Lost River 2/2014 Dwelling Lot 176 DP 754141 – Lost River Rd,

Lost River 3/2014 Seniors Living Lot 18 & 19 Sec 8 DP 758493 – 62

Biala St, Gunning 4/2014 Dwelling Lot 3 & 6 DP 1150915 – 2575

Woodhouselee Rd, Laggan 5/2014 Alterations/Additions Lot 1 DP 1856 & Lot A DP 354614 – 26

Marsden St, Crookwell 7/2014 Garage/Shed Lot 1 DP 1172469 – 4 Murray St,

Collector 8/2010 (Modification)

Dwelling Lot 2 DP 1082912 – 747 Rhyanna Rd, Middle Arm

9/2014 Alterations/Additions Lot 1 DP 982682 – 10 Spring St, Crookwell

10/2014 Community Event Lot 7009 DP 94454 – Copeland St, Gunning

194/2006 (Modification)

Subdivision Lot 4 DP 1188721 – Roslyn Rd, Crookwell

12/2014 Signs Lot 1 DP 563174 – Gunning St, Dalton 13/2014 Dwelling Lot 2 DP 1095649 – 2143 Towrang Rd,

Greenwich Park 14/2014 Garage/Shed Lot 10 DP 1031350 – 40 McIntosh Rd,

Crookwell 15/2014 Disabled Toilet Lot 1 DP 39590 – Colyer St, Crookwell 16/2014 Boundary Adjustment Lot 10 DP 665425 & Lot 1 DP 982682

– Spring St, Crookwell 17/2014 Subdivision Lot 1 DP 1189076 – 50 Reservoir Rd,

Crookwell 85/2010 (Modification)

Dwelling Lot 2 DP 1095579 – 123 Gorham Rd, Crookwell

18/2014 Dwelling Lot 4 DP 1189076 – 86 Reservoir Rd, Crookwell

19/2014 Subdivision Lot 8 Sec 7 DP 758493 – 63-65 Yass St, Gunning

2. Construction Certificates Determined

Construction Certificates Issued between 1 February 2014 & 28 February 2014

CC No. Proposal Property

79/2013 Alterations/Additions Lot 12 DP 754127 – Collector Rd, Gunning

1/2014 Alterations/Additions Lot 2 DP 793036 – Macarthur St, Taralga



Construction Certificates Issued between 1 February 2014 & 28 February 2014

CC No. Proposal Property

2/2014 Alterations/Additions Lot 3 DP 753041 – 765 Rhyanna Rd, Middle Arm

3/2014 Carport/Awning Lot 206 DP 753041 – Blackman St, Bigga

4/2014 Alterations/Additions Lot 16 Sec 3 DP 976169 – Church St, Taralga

5/2014 Garage/Shed Lot 3 DP 1189076 – 74 Reservoir Rd, Crookwell

6/2014 Garage/Shed 9/2014 Garage/Shed

Approved by Council Approved by Private Certifier February 2014 Year to date February 2014 Year to date 8 52 0 2

3. Occupation Certificates

Occupation Certificates Issued between 1 February 2014 and 28 February 2014

OC No. Proposal Property

44/2013 Dwelling Lot 26 DP 754118 – Collector Rd, Gunning

4/2014 Alterations/Additions Lot B DP 374812 – 20 Cowper St, Crookwell

5/2014 Dwelling Lot 1 DP 1083842 – 19 Carrington St, Crookwell


4. Subdivision Certificates

Subdivision Certificates Issued between 1 February 2014 & 28 February 2014

SC No. Proposal Property

1/2014 Subdivision Lot 186 & 187 DP 753058 – Taralga Rd, Crookwell




5. Planning Certificates

The number of Planning Certificates issued this financial year is detailed below.

Year Number of Certificates Issued 1 July 2008 to 30 June 2009 383 1 July 2009 to 30 June 2010 464 1 July 2010 to 31 June 2011 535 1 July 2011 to 30 June 2012 426 1 July 2012 to 30 June 2013 408 1 July 2013 to 30 June 2014 319

POLICY IMPACT Nil OPTIONS Nil FINANCIAL IMPACT OF RECOMMENDATIONS Nil

RECOMMENDATION That - 1. Council receives and notes the information. ATTACHMENTS

ATTACHMENTS

Nil



9.3 DRAFT Plan of Management - Barbour Park, Gunning

ITEM 9.3 DRAFT Plan of Management - Barbour Park, Gunning


AUTHOR Director of Environment and Planning

ISSUE

Providing details in relation to the DRAFT Plan of Management for Barbour Park, Gunning. Recom

mendation


1. Draft Plan of Management – Barbour Park, Gunning be placed on public exhibition for a minimum period of 30 days.

BACKGROUND At the Council Meeting held on the 21 February 2013 it was resolved that “Council places the Draft Recreation Vehicles Management Strategy and subsequent Plan of Management for Barbour Park on public exhibition”. REPORT To enable Council the ability to utilise Barbour Park in such a way that meets the community’s expectations, a Plan of Management of the Park is required. The Draft Plan of Management – Barbour Park, Gunning is considered a complementary document to the Council endorsed Recreation Vehicles Management Strategy. By placing the DRAFT Plan of Management – Barbour Park, Gunning on public exhibition, this allows for the relevant users and community groups the ability to provide positive consultation and input into the final document. POLICY IMPACT Nil OPTIONS Nil FINANCIAL IMPACT OF RECOMMENDATIONS Nil

Environment and Planning DRAFT PLAN OF MANAGEMENT - BARBOUR PARK, GUNNING cont’d


RECOMMENDATION That - 1. Draft Plan of Management – Barbour Park, Gunning be placed on public

exhibition for a minimum period of 30 days. ATTACHMENTS

ATTACHMENTS

1. DRAFT Plan of Management - Barbour Park, Gunning Attachment

Item: 9.3 Attachment 1.: DRAFT Plan of Management - Barbour Park, Gunning


Item: 9.3 Attachment 1.: DRAFT Plan of Management - Barbour Park, Gunning

9.4 Development Application 3/2014 - Seniors Housing, Lots 18 & 19 Sec 8 DP758493, 62-64 Biala Street, Gunning




ITEM Development Application 3/2014 - Seniors Housing, Lots 18 & 19 Sec 8 DP758493, 62-64 Biala Street, Gunning

FILE I14/107

ZONING Zone RU5 Village under Upper Lachlan Local Environmental Plan 2010

DATE OF LODGEMENT 7 January 2014

APPLICANT Michael Coley, Gunning District Community & Health Service Inc

OWNERS Mrs A K Darbyshire

ESTIMATED VALUE $1,500,000

AUTHOR Manager of Environment and Planning

SUMMARY REPORT This matter is reported to Council due to the proposed development’s potential significance to the Shire generally and Gunning township in particular. Development Application 3/2014 proposes use of land, erection of buildings and carrying out of works for the purpose of seniors housing as defined by Upper Lachlan Local Environmental Plan 2010 (the LEP). Proposed development drawings and the statement of environmental effects submitted in support of the development application are attached. The development application has been assessed with regard to the relevant provisions of applicable environmental planning instruments including the LEP, as well as Upper Lachlan Development Control Plan 2010. Though not strictly applicable in this case, the provisions of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 have also been considered in assessment of the application. Assessment of the application is detailed in the attached section 79C assessment report. The application was advertised/notified between 20 January and 18 February 2014. One submission was received during this period, supporting the proposed development. A copy of the submission is attached.

Environment and Planning DEVELOPMENT APPLICATION 3/2014 - SENIORS HOUSING, LOTS 18 & 19 SEC 8 DP758493, 62-64 BIALA STREET, GUNNING cont’d


The submission suggests that developer contributions under section 94 of the Environmental Planning and Assessment Act 1979 should be waived in this instance, on the basis that the proposed development is not for private gain but rather to meet community needs. The development application is not made by or on behalf of any social housing provider as defined by State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, and whilst the development may be proposed by a not-for-profit community body, there is no practicable means of preventing it from being transferred to profit-driven ownership and operation in the future. Furthermore, the development is expected to place additional demands on Council services and facilities that perhaps the wider public (through Council) should not be expected to bear the cost of providing or augmenting. Finally, Council’s section 94 Contributions Plan does not make any provision for developer contributions to be waived, but does specify concessions for development for the purpose of “aged housing” and for dwellings with fewer than three bedrooms in multi-dwelling developments. Given these circumstances, it is not considered appropriate to waive developer contributions applicable to the proposed development. Applicable developer contributions are detailed in the attached section 79C assessment report. POLICY IMPACT Provided recommended consent conditions are complied with, the proposed development is considered satisfactory with respect to the relevant provisions of applicable environmental planning instruments and development control plans, including: State Environmental Planning Policy 55—Remediation of Land State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

(“the BASIX SEPP”) State Environmental Planning Policy (Rural Lands) 2008 (“the Rural Lands

SEPP”) Upper Lachlan Local Environmental Plan 2010 Upper Lachlan Development Control Plan 2010. Also, provided recommended consent conditions are complied with, the proposed development is considered satisfactory with respect to the relevant provisions of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 (“the Seniors Housing SEPP”). FINANCIAL IMPACT Council can use developer contributions applicable to the proposed development to provide and augment services and facilities, upon which the development is expected to increase demands, for the benefit of the developer and the wider community.

Environment and Planning DEVELOPMENT APPLICATION 3/2014 - SENIORS HOUSING, LOTS 18 & 19 SEC 8 DP758493, 62-64 BIALA STREET, GUNNING cont’d


Recom

mendation

RECOMMENDATION

It is recommended that the development application be granted consent, subject to the attached conditions.

ATTACHMENTS

ATTACHMENTS

1. DA 3/2014 Proposed Development Drawings Attachment 2. DA 3/2014 Statement of Environmental Effects Attachment 3. DA 3/2014 Section 79C Assessment Report Attachment 4. DA 3/2014 Submission in Support of Proposed Development Attachment 5. DA 3/2014 Recommended Conditions of Consent Attachment

Item: 9.4 Attachment 1.: DA 3/2014 Proposed Development Drawings


Item: 9.4 Attachment 2.: DA 3/2014 Statement of Environmental Effects


Item: 9.4 Attachment 3.: DA 3/2014 Section 79C Assessment Report


Item: 9.4 Attachment 4.: DA 3/2014 Submission in Support of Proposed Development


Item: 9.4 Attachment 5.: DA 3/2014 Recommended Conditions of Consent

Development application 3/2014 – Seniors Housing, 62‐64 Biala Street, Gunning Recommended Conditions of Consent

1. Except where otherwise required or permitted by conditions of development consent, the development shall

be carried out generally in accordance with the information submitted in support of the development application and the stamped approved development drawings referenced as follows, including any notations or amendments marked by Council in red.

“Site Plan; Longitudinal Sections”, prepared by Laterals Engineering & Management (drawn by R Allen), Issue A dated 13 November 2013

“Cross Sections”, prepared by Laterals Engineering & Management (drawn by R Allen), Issue A dated 13 November 2013

“Site Plan”, prepared by Laterals Engineering & Management (drawn by R Allen), Issue A dated 13 November 2013

“Duplex” Revision J, prepared by Kitome (drawn by IDS), dated 28 January 2013.

2. All building work shall be carried out in accordance with the provisions of the Building Code of Australia. A reference to the Building Code of Australia is a reference to that code as in force on the date the application for the relevant construction certificate is made.

3. The development shall be completed generally in accordance with the commitments specified by the BASIX

Certificate submitted in support of the development application (BASIX Certificate No. 520521M, issued 15 December 2013).

4. Where Council is appointed as the Principal Certifying Authority, 48 hours notice shall be given to Council to permit inspection:‐

a. After excavation for, and prior to the placement of, any footings, and b. Prior to pouring any in‐situ reinforced concrete building element, and c. Prior to the covering of any framework for any floor, wall, roof or other building element, and d. Prior to covering waterproofing in any wet areas, and e. Prior to covering any stormwater drainage connections, and f. After building work has been completed and prior to any occupation certificate being issued in relation to

the building. These are critical stage inspections and shall be inspected by the Principal Certifying Authority. Failure to comply will result in Council withhold an occupation certificate for the development. Bookings for inspections may be made though Council’s Crookwell Office on 02 4830 1000 or Gunning Office on 02 4845 4100.

ADVISING ‐ Any Council re‐inspection or additional inspection will incur a fee in accordance with Council’s fees and charges at the time of inspection. This fee must be paid prior to the release of the Occupation Certificate.

5.



Residential building work within the meaning of the Home Building Act 1989 shall not be carried out unless the principal certifying authority for the development to which the work relates (not being Council) has given Council written notice of the following information: a. In the case of work for which a principal contractor is required to be appointed:

‐ The name and licence number of the principal contractor, and ‐ The name of the insurer by which the work is insured under Part 6 of that Act.

b. In the case of the work to be done by an owner‐builder: ‐ The name of the owner‐builder, and ‐ 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 work are being changed while work is in progress so that the information notified becomes out of date, further work shall not be carried out unless the principal certifying authority for the development to which the work relates (not being Council) has given Council written notification of the updated information

6. The consent does not permit the erection or display of any signage not identified by an environmental planning instrument as exempt development or development permitted without consent.

7. As Council is the authority responsible for water & sewerage, 48 hours notice shall be given to Council to

permit inspection of:‐ a. Internal drainage, and b. Hot & cold water; and c. External drainage. Bookings for inspections may be made though Council’s Crookwell Office on 02 4830 1000 or Gunning Office on 02 4845 4100.

ADVISING ‐ Any Council re‐inspection or additional inspection will incur a fee in accordance with Council’s fees and charges at the time of inspection. This fee must be paid prior to the release of the Occupation Certificate.

8. The development shall be conducted in a manner to ensure that the environment and the amenity of the

surrounding locality are not adversely affected, disturbed or disrupted, including by way of dust emissions, excessive noise and the like.

9. Only:

seniors or people who have a disability, people who live within the same household with seniors or people who have a disability, and

staff employed to assist in the administration of and provision of services to the proposed development, may occupy any accommodation in the development.

10. The consent does not permit any vegetation removal or earthworks not identified by an environmental

planning instrument as exempt development or development permitted without consent. 11. No construction certificate shall be granted with respect to the development unless:

a. Drawings and specifications demonstrating compliance with the Building Code of Australia are submitted with the application for construction certificate, and

b. Drawings and specifications submitted with the construction certificate application reflect intent to comply with the BASIX Certificate submitted in support of the development application, and

c. The application for construction certificate is accompanied by complete details of the proposed management of stormwater discharged within and from the subject land.



12. No construction certificate shall be granted with respect to the development unless three copies of detailed engineering drawings and specifications, prepared by a suitably qualified and experienced civil engineering professional and reflecting consistency with the stamped approved development drawings the subject of the development consent, have been submitted to and approved by Council.

13. No construction certificate shall be granted with respect to the development unless the application for

construction certificate is accompanied by a practicing Structural Engineer’s details of the development’s footings, slabs and structural components.

14. No construction certificate shall be granted with respect to the development unless details of the proposed

connection of the development to Council’s reticulated water supply service have been submitted to and approved by Council’s Works and Operations Department. In this regard, connection of the development to Council’s reticulated water supply service, and any necessarily associated extension thereof, shall be carried out to the satisfaction of Council’s Works and Operations Department at no cost to Council.

15. No construction certificate shall be granted with respect to the development unless details of its proposed

connection to Council’s reticulated sewerage service have been submitted to and approved by Council’s Works and Operations Department. In this regard, if it is proposed to connect the development to existing Council sewerage infrastructure within Lot 17 Sec 8 DP758493, which adjoins the subject land’s southeastern boundary and is in the same ownership as the subject land, such connection shall be by way of a private sewage line from the development to that infrastructure. The private sewage line shall be located within an easement for drainage of sewage to be created over Lot 17 Sec 8 DP758493 in favour of the subject land. The developer or owner of the subject land shall bear the responsibility to maintain the private sewer line between the development and Council’s existing sewerage infrastructure.

16. No construction certificate shall be granted with respect to the development unless detailed engineering

drawings and specifications regarding the proposed management of stormwater, discharged within and from the proposed development and subject land, have been submitted to and approved by Council’s Works and Operations Department. In this regard, stormwater management measures shall be designed to ensure surface flows from the development and subject land do not exceed pre‐development flows. Relevant information to be submitted to Council includes: a. Existing (pre‐development) pervious and impervious areas b. Proposed (post‐development) pervious and impervious areas c. Proposed pervious and impervious areas of the development that will drain through an on‐site stormwater

detention facility d. Proposed pervious and impervious areas of the development that will not drain through an on‐site

stormwater detention facility e. The proposed location for on‐site stormwater detention surcharges f. The proposed volume of on‐site stormwater detention g. Available head of water above any on‐site stormwater detention facility’s orifice plate outlet (maximum

water level minus centre of orifice level) h. The cross‐sectional area of any such orifice plate.

17. No construction certificate shall be granted with respect to the development unless the principal certifying

authority is satisfied, by information supplied by the applicant, that: a. All pedestrian pathways in the development, including those between mailbox facilities and dwellings, will

be satisfactorily illuminated at night, and b. All dwelling entry/exit points, including garage doors, will be satisfactorily externally illuminated at night by

motion sensitive lighting. 18.



No construction certificate shall be granted with respect to the proposed development unless the principal certifying authority (PCA) is satisfied, by information submitted by the applicant for construction certificate, that: (a) Each of the dwellings in the development will have wheelchair access by a continuous accessible path of

travel (within the meaning of AS 1428.1) to an adjoining public road; and (b) Access will be provided in accordance with AS 1428.1 so that a person using a wheelchair can use any

common areas and common facilities associated with the development; and (c) All pathway lighting in the development is designed and located so as to avoid glare for pedestrians and

adjacent dwellings, and will provide at least 20 lux at ground level; and (d) All letterboxes in the proposed development will be situated on a hard standing area and have wheelchair

access and circulation by a continuous accessible path of travel (within the meaning of AS 1428.1), will be lockable, and will be located generally as depicted by stamped approved development drawings the subject of the development consent; and

(e) Each on‐site car parking space not for use by employees associated with the proposed development will comply with the requirements for parking for persons with a disability set out in AS 2890; and

(f) Each garage in the development will have a power‐operated door, or will be provided with a power point and an area for motor or control rods to enable a power‐operated door to be installed at a later date; and

(g) Every entry (whether a front entry or not) to a dwelling, not being an entry for employees, complies with clauses 4.3.1 and 4.3.2 of AS 4299; and

(h) At least one bedroom in each dwelling in the development will have:

(i) two double general power outlets on the wall where the head of the bed is likely to be, and

(ii) at least one general power outlet on the wall opposite the wall where the head of the bed is likely to be, and

(iii) a telephone outlet next to the bed on the side closest to the door and a general power outlet beside the telephone outlet, and

(iv) wiring to allow a potential illumination level of at least 300 lux; and (i) The bathroom within each dwelling will have the following facilities arranged within an area that provides

for circulation space for sanitary facilities in accordance with AS 1428.1:

(i) a slip‐resistant floor surface, and

(ii) a washbasin with plumbing that would allow, either immediately or in the future, clearances that comply with AS 1428.1, and

(iii) a shower that complies with AS 1428.1, except that a it will also accommodate a grab rail, portable shower head and folding seat, with any installed shower screen being easily removable to facilitate future accessibility and

(iv) a wall cabinet that is sufficiently illuminated to be able to read the labels of items stored in it, and

(v) a double general power outlet beside the mirror; and (j) The toilet in each dwelling will be a visitable toilet that complies with the requirements for sanitary

facilities of AS 4299; and (k) All balconies and external paved areas in the development will have slip‐resistant surfaces; and (l) Door handles and hardware for all doors (including entry doors and other external doors) will be provided

in accordance with AS 4299; and (m) All switches and power points in the development will be provided in accordance with AS 4299; and (n) The living room in each dwelling in the development will have:

(i) a circulation space in accordance with clause 4.7.1 of AS 4299, and

(ii) a telephone adjacent to a general power outlet; and (o) The living room and dining (meals) room in each dwelling in the development will have wiring to allow a

potential illumination level of at least 300 lux; and (p) The kitchen in each dwelling in the development will have:

(i) a circulation space in accordance with clause 4.5.2 of AS 4299, and

(ii)



the following fittings in accordance with the relevant subclauses of clause 4.5 of AS 4299:

benches that include at least one work surface at least 800 millimetres in length that comply with clause 4.5.5 (a), and

a tap set (see clause 4.5.6), and

cooktops (see clause 4.5.7), except that an isolating switch must be included, and

an oven (see clause 4.5.8), and

(iii) “D” pull cupboard handles that are located towards the top of below‐bench cupboards and towards the bottom of overhead cupboards, and

(iv) general power outlets: at least one of which is a double general power outlet within 300 millimetres of the front of a

work surface, and

one of which is provided for a refrigerator in such a position as to be easily accessible after the refrigerator is installed; and

(q) The laundry in each dwelling in the development will have:

(i) a circulation space at door approaches that complies with AS 1428.1, and

(ii) provision for the installation of an automatic washing machine and a clothes dryer, and

(iii) a slip‐resistant floor surface, and (iv) an accessible path of travel to the clothes line provided in relation to the dwelling; and

(r) Each dwelling in the development will be provided with a linen storage in accordance with clause 4.11.5 of AS4299.

19. A sign shall be erected on the development site that shows the builders name and contact details, the details

of the PCA, and shall include the words, “Unauthorised entry to the work site is prohibited”. The sign shall be maintained while building work is being carried out, but shall be removed when work has been completed.

20. Provision shall be made for temporary toilet accommodation on‐site prior to the commencement of building

work. 21. Run‐off and erosion controls shall be implemented to prevent soil erosion, water pollution or the discharge of

loose sediment on surrounding land as follows:

Divert uncontaminated run‐off around cleared or disturbed areas, and

Erect a silt fence to prevent debris escaping into drainage systems and waterways, and

Prevent tracking of sediment by vehicles onto roads, and

Stockpile topsoil, excavated material, construction and landscaping supplies and debris within the site. The controls shall remain in place until all disturbed ground surfaces are rehabilitated /vegetated and stabilised to prevent erosion or sediment loss.

22. Works associated with the completion of the development shall be carried out only between 7:00am and

6:00pm Mondays to Fridays inclusive, and on Saturdays between 7:00am and 1:00pm if inaudible on residential premises, otherwise 8:00am to 1:00pm. No work associated with the completion of the development shall place on Sundays or public holidays.

23. Roofwater shall be discharged into a suitable water‐storage tank in accordance with applicable BASIX

commitments and the overflow shall be diverted to Council’s stormwater drainage system. 24.



No occupation certificate shall be granted with respect to the development unless the following documentation has been submitted to and approved by Council: (a) An accurately drawn sewer diagram; (b) Certificate of Compliance for Plumbing & Drainage Work All plumbing and drainage work shall be completed and certified by a licensed plumber to be in accordance with the National Construction Code – Plumbing Code of Australia.

25. Building materials shall not be deposited on Council roads, gutters or footpaths. Unless existing damage to

infrastructure is notified in writing prior to commencement of work, the developer and/or land owner will be liable for the cost of any necessary repairs.

26. The development shall include a reinforced concrete driveway and layback crossing constructed to Council’s

specifications. 27. Alterations to natural surface contours shall not impede or divert natural surface water runoff in such a way as

to cause a nuisance to adjoining property owners or create an erosion or sediment problem. 28. Any excavation or filling shall be adequately retained or suitably battered (no steeper than 1:2). Erection of any

retaining wall exceeding 600mm height will require prior approval from the consent authority. 29. The development shall not be occupied unless an occupation certificate has been granted with respect to the

development. 30. Where any damage is caused to Council’s road surface or related infrastructure during transportation or

relocation processes associated with the development’s completion, full repairs shall be carried out under Council’s direction and at no cost to Council prior to occupation or any occupation certificate being granted with respect to the development.

31. In accordance with the provisions of section 94 of the Environmental Planning and Assessment Act 1979,

contributions are required toward the provision of community facilities and infrastructure in accordance with the Upper Lachlan Section 94 Contributions Plan 2007 to financially assist in the provision of community services and facilities identified as necessary as a result of the development. No occupation certificate shall be granted with respect to the development unless the following contributions have been paid to Council.

ADVISING ‐ The current (2013/14) contributions under the Upper Lachlan 94 Contributions Plan 2007 for the development are: Roads $12,693.76 Waste Management $2880.00 Open Space & Recreation $4544.00 Community Facilities $7872.00 Emergency Services $3632.00 Plan Administration $984.00 TOTAL: $32,605.00 The above contributions are current at the time of consent and will be indexed at twelve monthly intervals in accordance with any increase in the Consumer Price Index (All Groups) Sydney following publication by the Australian Bureau of Statistics.




32. In accordance with the provisions of section 64 of the Local Government Act 1993 and section 306 of the Water Management Act 2000, contributions are required toward the provision of water supply and sewerage infrastructure in accordance with the Upper Lachlan Development Servicing Plan 2008 to financially assist in the provision of infrastructure identified as necessary as a result of the development. No occupation certificate shall be granted with respect to the development unless the following contributions have been paid to Council:

ADVISING The current (2013/14) contributions under the Upper Lachlan Development Servicing Plan 2008 for water supply and sewerage infrastructure services are: Water supply Charge: $21,714.00 Sewerage Charge: $23,130.00 TOTAL: $44,844.00 The above contributions are current at the time of consent and will be indexed at twelve monthly intervals in accordance with any increase in the Consumer Price Index (All Groups) Sydney following publication by the Australian Bureau of Statistics.

33. No occupation certificate shall be granted with respect to the development unless satisfactory evidence has

been submitted to Council of the registration of a plan of consolidation of Lots 18 and 19 Sec 8 DP758493 with NSW Land & Property Information.

34. No occupation certificate shall be granted with respect to the development unless satisfactory evidence has

been supplied to Council of the registration of a restriction as to user against the title of the subject land, in accordance with section 88E of the Conveyancing Act 1919, limiting the use of any accommodation in the proposed development to:

seniors or people who have a disability, people who live within the same household with seniors or people who have a disability, and

staff employed to assist in the administration of and provision of services to the development. 35. No occupation certificate shall be granted with respect to the development unless the developer has provided

a paved footpath, to Council’s relevant standards, along the southeastern side of Biala Street, from the westernmost extent of the subject land’s Biala Street frontage to the northernmost extent of the existing paved footpath on the southwestern side of Warrataw Street. Council may use section 94 developer contributions paid by the developer with respect to roads facilities to assist in the provision of a paved footpath as required.


10

10 WORKS AND OPERATIONS WORKS AND OPERATIONS


10.1 Works In Progress - Construction & Maintenance 229

10.2 Works In Progress - Technical & Managerial 232

10.3 Consultants Progress Report Main Road 92 Project 234

10.4 Stormwater Drainage Improvements Oram street and Northcott Streets, Crookwell 236

10.5 Tender for Hire of Equipment (Plant & Trucks) up until 30 June 2015 240

10.6 Private Works & Plant Hire Policy Review 243

10.7 Road Naming - Big Hill Subdivision, Gunning. 250

10.8 Review of Road Naming Policy 252

10.9 Water and Sewer Update 254

10.10 Access to Community Non Potable Water Supply Policy Review 258

10.11 Taralga Sewerage Scheme Connections Policy 261

10.12 Liquid Trade Waste Policy 263


10.13 Building Over Sewers Policy 311

10.14 Trees and Tree Root Management Policy 325

Works and Operations - 20 March 2014


Works and Operations 10.1 Works In Progress - Construction & Maintenance

ITEM 10.1 Works In Progress - Construction & Maintenance


AUTHOR Manager of Works

ISSUE

This report provides Council with details regarding the construction and maintenance works in progress.

Recom

mendation


1. Council receive the report and note the information.

BACKGROUND Construction and maintenance works in progress. REPORT Service requests for grading maintenance, pothole repairs and drainage maintenance are being received frequently. Due to the large amount of maintenance requests, works are being attended to in a priority order and within budgetary constraints. Details of the major current projects are set out below: 1. Leary’s and Prices Lanes Reconstruction Pavement construction is completed (2.15km) and bitumen sealing of the reconstructed section will now occur after the pavement has had time to consolidate. The sealing of this section is expected to be in October - November 2014. 2. MR256 Reconstruction – “Gordon Vale Section” – Chainage 2.53km to 4.47km

North of Tarlo River Bridge Council is progressing on schedule with the pavement reconstruction of the abovementioned section. Reshaping and compaction of the existing damaged pavement material is complete and the placement of a 100mm gravel overlay, to further strengthen the road surface, has commenced. Bitumen sealing of this section is planned late March. Once this section is complete Council will commence reconstruction of “Cowpers Hill Section” and following this the “Tarlo Hill Section”.

Works and Operations WORKS IN PROGRESS - CONSTRUCTION & MAINTENANCE cont’d


These works are part of a road safety initiative by Council and associated with the Taralga Windfarm development. 3. Iron Mine Road Reconstruction and Bitumen Sealing Council has commenced the reconstruction and bitumen sealing of Iron Mine Road between Redground Road and Water Works Road for a length of 1.7km. Weather permitting work is expected to be completed by the end of March 2014. Routine Grading Maintenance Council’s proposed routine maintenance grading program for the upcoming month. Works in Progress 1. Foggs Crossing then Reids Flat Road; 2. Redground Heights then Redground Roads; 3. Middle Arm area; 4. MR241 Dalton Rye Park Road – Patch Grade; 5. Collector Road. Scheduled Works – 1. Side roads off Bigga Road; 2. Junction Point Road; 3. Carrabungla and Mt Rae areas; 4. MR248 East; 5. Wombeyan Caves and Taralga area; 6. Lerida Road then Sapphire area. Other Construction & Maintenance Works Other Works in Progress/scheduled 1. Bitumen Resealing in Crookwell and Collector Villages, Fullerton, Golspie,

Gurrundah, Bannaby Roads and MR248 East and MR256 North of Taralga; 2. Rehabilitation of Gurrundah Road near MR52 cross roads; 3. Stormwater drainage improvements in Harley Road; 4. Dust seal MR241 private works; 5. Drainage maintenance on MR54 near Bensley’s Service Station, Binda Shop

and Segment 470; 6. Vegetation maintenance (sucker removal) on Redground Heights and

Redground Roads at selected locations and within budgetary constraints; 7. Grass Slashing in Grabben Gullen, Binda, Crookwell.

Works and Operations WORKS IN PROGRESS - CONSTRUCTION & MAINTENANCE cont’d


Works Completed 1. Reconstruction and bitumen sealing of MR248 East, sections known as

“Carrabungla to Commissioners” and “Mt Rae to Wowagin”. Completion of these sections resulted in 2.45km sealed, which leaves 3.1km and it is planned to completed the remaining section in 2014/15;

2. Gravel Resheeting on Mt Rae, Carrabungla and Middle Arm roads; 3. Timber bridge maintenance on Peelwood bridge and MR256 Abercrombie

Bridge; 4. Erection and implementation of an 80km/hr roadworks speed signs on MR256

between Tarlo River Bridge and Taralga and Bannaby Road near Alders and Crees Road;

5. Water Main extension in East Street (380m); 6. Storm restoration works on MR241(near Blakney Creek), Rugby Road, Jerrara

Creek Crossing and Saphire Road at Grabben Gullen Creek; 7. Vegetation maintenance (sucker removal) on MR248 West Boorowa Rd and

MR 256 Taralga to Oberon Road; 8. Grass Slashing Dalton Village and Gunning; 9. Assist with setting up for the Crookwell Potato Festival.


RECOMMENDATION That - 1. Council receive the report and note the information. ATTACHMENTS

ATTACHMENTS

Nil



10.2 Works In Progress - Technical & Managerial

ITEM 10.2 Works In Progress - Technical & Managerial


AUTHOR Director of Works and Operations

ISSUE

This report advises Council in regard to technical and managerial activities of Works and Operations Department during the previous month.

Recom

mendation



BACKGROUND Nil REPORT i) The Director of Works & Operations and the Manager of Works have been

negotiating with the developers of the Taralga Wind Farm to finalise the Transport Management Plan for the project. Final approval of Stage 3 of the plan (relating to overdimension and overmass vehicles) was provided on 5 March 2014. Council staff have prepared, signed and exchanged five contracts for roadworks safety improvements on Taralga Road and Bannaby Road on 16 January 2014. The first payment for the works was paid on 27 February 2014. The works are underway.

ii) The Director of Works & Operations and the Manager of Works have been negotiating with the developer of the Gullen Range Wind Farm regarding repairs to Range Road as a result of the Windfarm construction activity available. The developer has engaged a consultant to carry out a dilapidation survey and provide advice regarding the required repairs. Council has not received any further advice from the developer.

iii) Council staff have provided RMS with costings for survey and design of work involved to complete the (10km) unsealed section of MR54 N (Crookwell-Bathurst Rd). The information was provided to RMS on28 February – RMS have not yet responded.

iv) Council staff have arranged a meeting of Council’s Traffic Committee to be held on 12 March 2014. The agenda is comprehensive – the minutes of the meeting will be tabled at Council’s April meeting.

Works and Operations WORKS IN PROGRESS - TECHNICAL & MANAGERIAL cont’d


v) The Director of Works and Operations attended the last meeting of the Main Road 92 (Beyond Nerriga) technical committee on 10 February 2014. The outcome of that meeting is outlined briefly in a separate report that is included later in the business paper. The consultant’s final report will be tabled at the 16 May 2014 meeting of SEATS.

vi) Council staff has prepared a submission for the Australian Government enquiry

into mobile telephone coverage in Regional Australia. The submission (and a number of others) can be viewed on the Australian Department of Communications and Broadband website.

vii) Council staff have negotiated an access arrangement with the constructors of

the Taralga – Marulan power line to enable them to gain access to the project via Bannaby Rd. The developer will be making a contribution to cost of resealing works on Bannaby Rd.

POLICY IMPACT Nil OPTIONS Nil FINANCIAL IMPACT OF RECOMMENDATIONS Not applicable.


ATTACHMENTS

Nil



10.3 Consultants Progress Report Main Road 92 Project

ITEM 10.3 Consultants Progress Report Main Road 92 Project



ISSUE

This report provides Council with information regarding the final report relating to the project aimed at extending the link between the Hume Highway and Nowra.

Recom

mendation



BACKGROUND In 2010 Shoalhaven Shire Council, NSW RMS (then RTA) and the Australian Government completed construction of the first part of a sealed road that was intended to link Nowra to the Hume Highway. The proposed route was intended to be a freight route capable of carrying B-Double trucks. The early part of the route was constructed from Nowra to Nerriga at a cost approximately $95M. Shoalhaven (in consultation with (the then) Gunning and Mulwarree Shire Councils) had originally intended that the route would proceed from Nerriga to Tarago and on to Collector and Gunning via Collector Road. Work on the route has been stopped for some time now whilst a feasibility study was being conducted to provide information to add value to funding applications that would be lodged with both the NSW Government and the Australian Government to fund the completion of the road. REPORT During 2012, Upper Lachlan, Shoalhaven, Goulburn-Mulwarree, Palerang and Yass Valley Councils all contributed funds ( $20,000 each) which were then boosted by a contribution of $200,000 from the NSW Government via the Minister for Roads. The funds were used to engage a consultant to carry out a feasibility study which was intended to add value to the council’s applications to the NSW and Australian Governments for funding to complete the road. A technical committee comprising the Engineering Director for each participating council was formed and Steve Warrell Consulting appointed as project manager for the work. The study was carried out under the auspices of South East Australian Transport Strategy Inc. (SEATS). GHD P/L were appointed to carry out the study in June 2012. During the briefing/start up session with the consultant, several councils advised that they believed that a second (and ultimately third) route may be less expensive and provide better service. Unfortunately this change diluted the value of the project and made it almost impossible to find an outstanding route option (this is required to ensure RMS

Works and Operations CONSULTANTS PROGRESS REPORT MAIN ROAD 92 PROJECT cont’d


support for the project). A copy of the consultant’s progress report is included in the attached SEATS meeting report. GHD will make their final report to the SEATS meeting in Wollongong on 16 May 2014. The final report is expected to provide advice on alternative strategies to obtain funding. It will be attended by the Director of Works and Operations and Cr Wheelwright. POLICY IMPACT Nil OPTIONS Not Applicable FINANCIAL IMPACT OF RECOMMENDATIONS Not Applicable.

RECOMMENDATION That - 1. Council receive and note the report as information. ATTACHMENTS

ATTACHMENTS

Nil



10.4 Stormwater Drainage Improvements Oram street and Northcott Streets, Crookwell

ITEM 10.4 Stormwater Drainage Improvements Oram street and Northcott Streets, Crookwell



ISSUE

This report provides Council with estimates and funding arrangements for the abovementioned stormwater projects.

Recom

mendation


1. Council allocates from the Stormwater External Restricted Reserve Fund in 2013/2014:

a. $50,000 for the Laggan Road to Oram Street Kerb and Gutter Project;

b. $43,000 for the Northcott Street Stormwater Drainage Upgrade;

2. Council allocates from the s94 Developer Contribution Reserves (for roads) in 2013/2014 :

a. $35,000 from the Crookwell locality;

b. $20,000 from the ‘Interest Accrued’.

3. Council revotes $45,000 from the internal restricted reserve fund for kerb and gutter works – Laggan Road.

BACKGROUND Nil REPORT 1. Laggan Road Kerb and Gutter to Oram Street. Council in its 2012/2013 Operational Plan allocated $45,000 to the extension of kerb and gutter from in front of 33 Laggan Road to Oram Street intersection. This allocation was transferred to the internal restricted reserve fund at 30 June 2013. The design for this extension was complex in nature and requires upgrades and extensions to existing stormwater drainage. These improvements will involve the installation of pipe culverts and pits to carry and control the water to a designated discharge point.

Works and Operations STORMWATER DRAINAGE IMPROVEMENTS ORAM STREET AND NORTHCOTT STREETS, CROOKWELL cont’d


Council has already completed tree removal and cleared an open drain beside 3 Oram Street to alleviate flooding of the property during heavy rain events. The proposed works as detailed above will further improve controlling stormwater in the vicinity. The estimate to complete this project is summarised below.

Description Estimate Install 118.42m pipe, construct install 8 pits. $119,340 Prepare, construct, backfill and landscape 95m Kerb and Gutter

$ 37,310

TOTAL1 $156,650 10% Contingency $ 15,665

TOTAL 2 $172,315 The allocation for this project is $45,000 and based on the estimate the project requires an additional $127,315 to complete. Proposed funding sources to complete this project are as follows:

Funding Source Amount Stormwater Reserve $ 50,000 Section 94 Development Contributions (Crookwell) $ 35,000 Section 94 Development Contributions (Interest Component) $ 20,000 Laggan Road (MR248E) Regional Road Drainage $ 15,000 Urban Stormwater Drainage Maintenance $ 7,315

TOTAL $127,315 3. Northcott Street Stormwater Drainage Upgrade – Stage 1 Council may recall from a previous report in respect to the Northcott Street drainage improvements that works on this project would ongoing. Council staff have now completed an estimate for stage 1 of the works which involves the extension of existing culverts under Northcott Street to eliminate an open channel through the recently subdivided blocks. There will also be additional works that will be required finish the project. This stage of the project does have some urgency now as the owner of the Lot adjoining the stormwater easement has indicated they wish to construct a dwelling soon. Completing the works prior to the construction of the dwelling is a sensible and desirable option. The estimate to complete the Northcott Street drainage – Stage 1 improvement is $43,000. It is proposed that this project be funded from the Stormwater Reserve.



POLICY IMPACT It is acknowledged that the Stormwater Levy is collected from 4 towns (Crookwell, Gunning, Taralga and Collector) in the Upper Lachlan Shire Local Government Area and that these projects are all within the town of Crookwell. Completion of the Laggan Road to Oram Street Kerb and Gutter Project, Northcott Street Stormwater Drainage Improvement - Stage 1, as well as this year’s allocation on the Harley Road Drainage Project will allow other priority stormwater projects to be undertaken in other towns in future years, subject to budgetary constraints. OPTIONS 1. Complete the Laggan Road and Northcott Street Stormwater Drainage projects

as proposed. These projects have been identified for a number of years and due to budget constraints and design complexity have not been completed;

2. Do nothing - not a desirable option as it is not addressing some of the stormwater issues that have the potential to result in claims against Council;

3. Postpone both projects and allocate the required funds for the 2014/2015 year. Note: this option is not preferred for Northcott Street due to the likely construction of a dwelling on the adjoining block as mentioned above; 4. Postpone the Laggan Road project and allocate required funds for the

2014/2015 year, but complete the Northcott Street project in 2013/2014 as recommended.

FINANCIAL IMPACT OF RECOMMENDATIONS Stormwater Reserve The Stormwater Reserve has a balance of $181,000. The 2013/2014 Management Plan has already allocated $20,000 to the Harley Road Drainage from this reserve. The Laggan Road and Northcott Street projects propose to expend an additional $93,000 from the Stormwater Reserve, which will result in a balance of $68,000 for the end of 2013/2014. An additional $44,000 is estimated to be levied in the 2014/2015 financial year. S94 Development Contributions (Roads Component) – Crookwell and Interest The s94 balance for Crookwell is $122,506 and the Interest Accrued in the overall s94 reserve has a balance of $222,766. The proposed amounts required to complete the Laggan Road project is $35,000 and $20,000 respectively.



RECOMMENDATION That - 1. Council allocates from the Stormwater External Restricted Reserve Fund in

2013/2014: a. $50,000 for the Laggan Road to Oram Street Kerb and Gutter Project; b. $43,000 for the Northcott Street Stormwater Drainage Upgrade;

2. Council allocates from the s94 Developer Contribution Reserves (for roads) in 2013/2014 : a. $35,000 from the Crookwell locality; b. $20,000 from the ‘Interest Accrued’.

3. Council revotes $45,000 from the internal restricted reserve fund for kerb and gutter works – Laggan Road.

ATTACHMENTS

ATTACHMENTS

Nil



10.5 Tender for Hire of Equipment (Plant & Trucks) up until 30 June 2015

ITEM 10.5 Tender for Hire of Equipment (Plant & Trucks) up until 30 June 2015



ISSUE

The Director of Works & Operations and the Manager of Works require the ability to include new and emerging Companies in the Hire of Equipment (Plant and Trucks) rankings. Recom

mendation


1. ‘New and emerging companies be accepted and assessed by the Director of Works & Operations and the Manager of Works for inclusion in the Hire of Equipment (Plant and Trucks) register. The result of the assessment would then be reported to Council’.

BACKGROUND Council will recall the previous report presented at the September 2013 Council Meeting approving the recommendation and ranking of the Tender Assessment Panel for Plant and Trucks up until 30 June 2015. REPORT The objective of the tender was to establish an ongoing register of Plant & Trucks for hire over the contract term which commenced following adoption by Council. To date the operation of the contract is noted as being largely successful resulting in gradual improvements across Council’s works in terms of safety and environmental compliance, insurance risk and cost. Council has recently received a submission from Southern Demolition & Excavation Services (2 January 2014) requesting consideration to be included on Council’s Equipment Hire Register. It was understood Council’s original resolution contained provisions for new and emerging companies to be assessed by the Director of Works & Operations and the Manager of Works which would then allow respective rankings and order of preference to be reported to Council. Upon review, it appears this provision has been inadvertently omitted and it is prudent to seek Council’s approval to allow new and emerging companies to be assessed for inclusion on Council’s Equipment Hire Register.

Works and Operations TENDER FOR HIRE OF EQUIPMENT (PLANT & TRUCKS) UP UNTIL 30 JUNE 2015 cont’d


The previous resolution is as follows:


1. Council approves the recommendation and ranking in order of preference of the Tender Assessment Panel for Plant at Attachment 1.

2. Council approves the recommendation and ranking in order of preference of the Tender Assessment Panel for Trucks at Attachment 2.

3. Delegation be provided to the Director of Works and Operations and the Manager of Works to alter ranking of Plant and Trucks depending upon performance.

POLICY IMPACT In accordance with Council policy. OPTIONS Nil FINANCIAL IMPACT OF RECOMMENDATIONS Nil

RECOMMENDATION That - 1. ‘New and emerging companies be accepted and assessed by the Director of

Works & Operations and the Manager of Works for inclusion in the Hire of Equipment (Plant and Trucks) register. The result of the assessment would then be reported to Council’.

ATTACHMENTS

ATTACHMENTS

1. Resolution 307/13 - Tender for Hire of Equipment (Plant & Trucks) up until 30th June 2015

Attachment

Item: 10.5 Attachment 1.: Resolution 307/13 - Tender for Hire of Equipment (Plant & Trucks) up until 30th June 2015

ITEM 18.3 TENDER FOR HIRE OF EQUIPMENT (PLANT AND TRUCKS) UP UNTIL 30TH JUNE 2015


1. Council approves the recommendation and ranking in order of preference of the Tender Assessment Panel for Plant at Attachment 1.

2. Council approves the recommendation and ranking in order of preference of the Tender Assessment Panel for Trucks at Attachment 2.

3. Delegation be provided to the Director of Works and Operations and the Manager of Works to alter ranking of Plant and Trucks depending upon performance.

- CARRIED




10.6 Private Works & Plant Hire Policy Review

ITEM 10.6 Private Works & Plant Hire Policy Review



ISSUE

Providing details regarding a review of the Private Works & Plant Hire Policy.

Recom

mendation


1. Council adopt the reviewed Private Works & Plant Hire Policy.

BACKGROUND Providing details regarding a review of the Private Works & Plant Hire Policy.

REPORT Changes have been implemented in the policy review to include additional procedures for damages to services and for Council staff plant hire. POLICY IMPACT Nil OPTIONS Nil FINANCIAL IMPACT OF RECOMMENDATIONS Nil

RECOMMENDATION That - 1. Council adopt the reviewed Private Works & Plant Hire Policy. ATTACHMENTS

ATTACHMENTS

1. Private Works & Plant Hire Policy Review 2014 Attachment

Item: 10.6

Attachment 1.: Private Works & Plant Hire Policy Review 2014

POLICY:-

Policy Title:

Private Works and Plant Hire Policy

File reference:

F13/16

Date Policy was adopted by Council initially:

26 July 2007

Resolution Number:

227/07

Other Review Dates:

28 February, 2008, 15 July 2010

Resolution Number:

52/08 262/10

Current Policy adopted by Council:

20 March 2014

Resolution Number:

xxx/14

Next Policy Review Date:

2018

PROCEDURES/GUIDELINES:-

Date procedure/guideline was developed:

26 July 2007

Procedure/guideline reference number:

RESPONSIBILITY:-

Draft Policy Developed by:

Director of Works and Operations

Committee/s (if any) consulted in the development of this policy:

NA

Responsibility for implementation:


Responsibility for review of Policy:



Item: 10.6


PRIVATE WORKS PROJECTS AND PLANT HIRE 1. DEFINITION Private work includes any work, undertaken upon agreement with a landowner, of a nature on private lands and / or public lands which lies outside the responsibility of Council for which a fixed price quotation or schedule of rates has been provided by Council. Plant Hire includes using Council owned plant and equipment to carry work out that lies outside the responsibility of Council. 2. CITATION This document may be cited as Upper Lachlan Shire Council Policy – Private Works (Projects and Plant Hire). 3. APPLICATION OF POLICY - OBJECTIVE

The purpose of this policy is to outline Council’s requirements for the undertaking of private works (projects and plant hire) within the Upper Lachlan Shire Council area. The policy is designed to protect public funds and the integrity, security and reputation of the Council and its staff and maintain a high level of services to the community. All enquiries are to be directed to the Works and Operations Department of Council. 4. REQUIREMENTS 4.1 PROJECTS

(i) No private works projects shall be undertaken until;

a. The person requesting such private works has accepted the quotation in writing;

b. Payment for the work has been received by Council. (Except for works meeting clause 4.2)

(ii) Payment is to be in the form of cash, cheque or unconditional bank

guarantee.


Item: 10.6


(iii) At the request of an applicant, a quotation will be provided in writing by Council and prior to commencement of any works commencing, must be accepted by the applicant in writing.

(iv) Private works projects of any value will not commence until a cash

deposit or bond equivalent to 100% of total value of the private works is paid to Council. This clause can only be varied with the consent of the General Manager.

(v) Private Works to the value of $500.00 or up to two (2) hours

duration of grading (whichever is the greater) may be allowed as an exception to clause 4.1 b on the basis of payment after the work has been carried out.

4.2 PLANT HIRE

(i) Council does not provide engineering supervisory functions in

normal plant hire operations. In these circumstances it is the responsibility of the hirer to organize, supervise and explain all proposed works to the plant operator so that the requested works can be completed in an efficient and expeditious manner.

(ii) The applicant is responsible to discuss with the operator the

standard of work to be achieved or to terminate the plant operation at any time if the work does not meet the applicant’s satisfaction.

(iii) Works will be completed with all care and efficiency, but no

responsibility will be taken for the effectiveness or quality of the completed works.

(iv) Council will not be held responsible for any loss or damage incurred

by recall or withdrawal of plant or staff from any works. (v) All plant travelling costs to and from the private works location shall

be an additional charge to those hours actually worked on site. It is therefore recommended that the person wishing to hire such plant do so when that particular plant item is stationed in the nearby proximity thus minimizing travelling expenses.

(vi) The applicant is responsible for identifying and clearly marking any

underground or overhead services that may be affected by the works. Council will not be responsible for damage to services whilst undertaking the works.

(vii) The schedule of hire rates makes provision for two levels of hire,

i.e.:


Item: 10.6


(a) Work completed during normal working hours; (b) Work completed after normal working hours as an

overtime rate.

(viii) All private works requested will be at Council's convenience or as directed by Council’s Director of Works and Operations (or his representative) i.e. Council programmed works receive first priority over any private hire activities.

(ix) Plant is to be operated by Council employees. Under special circumstances plant may be operated by other experienced persons as approved by Council’s Director of Works and Operations.

(x) Rates charged for hiring plant is as fixed by Council in the Annual

Management Plan; incorporating the Revenue Policy and Fees and Charges.

(xi) Applicants wishing to hire plant are to sign Council’s standard

request form prior to hire commencing. (xii) All previous plant hire debtor accounts are to be paid prior to any

additional works being undertaken by Council.

(xiii) Plant is meant to include graders, backhoes, loaders, trucks, rollers and the like.

(xiv) All materials will be charged at full cost.

(xv) All equipment hired will be charged out for actual time on the job

(not time used). (xvi) All private hire activities involving Council staff (either directly or

indirectly) must be approved by the Director of Works and Operations prior to the hire commencing.

Council will undertake Private Work in accordance with adopted rates for the Hire of Plant & Equipment. Private Work however will only be carried out subject to the availability of Council Plant & Equipment and without significant disruption to existing work programs. Weed Control activity deemed as Private Work will also be included, with arrangements to be endorsed or approved by the Director of Environment & Planning in consultation with the Noxious Weeds Manager.


Item: 10.6


With respect to determining Quotations for Weed Control activities on private property regard will be given to the general “community service” of providing a reasonable and affordable price, with Council’s hire rates to be adjusted in order to increase the level of Private Work activity. This will provide further opportunities to maximise the use of plant and equipment and achieve more efficient use of Council’s resources. 5. INDEMNITY In requesting and authorising the Upper Lachlan Shire Council to carry out private works (projects or plant hire), the applicant shall indemnify the Upper Lachlan Shire Council against any claim, action or process for damage or injury which might arise during the progress of such works and shall keep indemnified the Upper Lachlan Shire Council against any claim, action or process for damage and/or injury which might arise from the existence of such works unless such damage and/or injury is due or contributed to by an act or omission of the Upper Lachlan Shire Council, its employees or agents. 6. COMPETITION Private work is not a major or core function of Council and is usually provided so as to supply a reasonable economical means of a landholder securing access to earthmoving plant. This work is “contestable” and Council does not wish to promote or seek any monopoly over these functions. As such, applicants may wish to seek alternative quotations or plant hire options through other earthmoving organisations. Council staff will also encourage applicants to seek alternative quotations from other providers. In all cases written quotations will be issued, with acceptance by Signed Agreement required for all work. Council will undertake private works with a general margin of 20% being required to cover supervision and the preparation of the estimated cost. The Director of Works and Operations may alter this general margin if deemed necessary to provide a competitive price for works in excess of $100,000.00. Council may provide a subsidy to community based or charitable organisations in respect of plant hire. All costs incurred by Council in respect to labour and materials are charged against the organisation concerned. Private Works - General (section 67 of the Local Government Act 1993) are to be charged at cost price and will also include a percentage for administration, supervision etc. as shown in the fees and charges schedule of Council’s Management Plan plus GST where applicable.


Item: 10.6



7. PUBLIC PERCEPTION ON STAFF EQUIPMENT HIRE Hire of Council owned equipment by Council staff will not be permitted unless approved in writing by the Director of Works & Operations prior to that hire. 8. NON-COMPLIANCE WITH THIS POLICY Failure to comply with the terms of this policy may lead to disciplinary procedures being implemented against the responsible staff member. Any instances of corrupt conduct can lead to dismissal and / or criminal prosecution. 9. VARIATION Council reserves the right to vary or revoke this policy. 10. RELEVANT LEGISLATION

Local Government Act, 1993 NSW State Government Procurement Policy; NSW Local Government (State) Award; Local Government (General) Regulations, 2005; Independent Commission against Corruption Act ,1988; Government Information (Public Access) Act 2009; Privacy and Personal Information Protection Act 1998; State Records Act 1998; Crimes Act 1900 (NSW); Code of Conduct Policy and Procedure; Complaints Management Policy; Upper Lachlan Shire Council Operational Plan Schedule of Fees

and Charges; Code of Business Practice; Statement of Ethical Principles; Fraud and Corruption Prevention Policy; Government Information (Public Access) Policy; Purchasing and Acquisition of Goods and Services Policy; NSW Ombudsman - Good Conduct and Administrative Practice

(Guidelines for State and Local Government) June 2006; and ICAC publication “No Excuse for Misuse, preventing the misuse of

council resources”.



10.7 Road Naming - Big Hill Subdivision, Gunning.

ITEM 10.7 Road Naming - Big Hill Subdivision, Gunning.



ISSUE

Council resolved to invite public comment regarding the naming of two roads in the Big Hill subdivision at Gunning. This process has been completed.

Recom

mendation

RECOMMENDATION That 1. Council resolve to approve names for the roads in the Big Hill subdivision at

Gunning as follows:

* Road No.1 - “Boureong Dr”.

* Road No.2 - “Ryan Pl”.

BACKGROUND At its meeting on 21 November 2013, Council resolved to invite public comment regarding the proposed road naming as follows.


1. Council name Road No.1 in the “Big Hill” subdivision “Boureong Dr”.

2. Council name Road No.2 in the “Big Hill” subdivision “Ryan Pl”.

- CARRIED

REPORT Public comment was sought regarding the proposed names for the roads in question. Council has not received any comments regarding the proposal. POLICY IMPACT The names are consistent with Councils Road Naming Policy. OPTIONS Not Applicable

Works and Operations ROAD NAMING - BIG HILL SUBDIVISION, GUNNING. cont’d


FINANCIAL IMPACT OF RECOMMENDATIONS Nil

RECOMMENDATION That

1. Council resolve to approve names for the roads in the Big Hill subdivision at Gunning as follows:

* Road No.1 - “Boureong Dr”. * Road No.2 - “Ryan Pl”. ATTACHMENTS

ATTACHMENTS

Nil



10.8 Review of Road Naming Policy

ITEM 10.8 Review of Road Naming Policy



ISSUE

Council resolved to invite public comment regarding its reviewed Street and Road Naming Policy. This process has been completed.

Recom

mendation

RECOMMENDATION That 1. Council resolve to adopt the reviewed Street and Road Naming Policy.

BACKGROUND At its meeting on 21 November 2013, Council resolved to invite public comment regarding the reviewed Street and Road Naming Policy as follows:

ITEM 10.7 REVIEW OF STREET AND ROAD NAMING POLICY


1. Council place the reviewed Street and Road Naming Policy on Public Exhibition for 28 days.

- CARRIED

REPORT Public comment was sought regarding the proposed names for the roads in question. Council has not received any comments regarding the proposal. POLICY IMPACT Nil OPTIONS Not Applicable FINANCIAL IMPACT OF RECOMMENDATIONS

Works and Operations REVIEW OF ROAD NAMING POLICY cont’d


Nil

RECOMMENDATION That

1. Council resolve to adopt the reviewed Street and Road Naming Policy. ATTACHMENTS

ATTACHMENTS

Nil



10.9 Water and Sewer Update

ITEM 10.9 Water and Sewer Update


AUTHOR Manager of Operations

ISSUE

An update on water supply and sewerage services

Recom

mendation



BACKGROUND Nil REPORT Water treatment and consumption Crookwell water supply data is presented in the following table and graph. Table 1 Crookwell Water Data Rainfall

(mm) Total WaterConsumption (ML)

Daily Consumption (kL/d)

Dam Level (%)

Dam Volume (ML)

January 10 45 1461 72 302 February 123 30 1060 80 336

Works and Operations WATER AND SEWER UPDATE cont’d


Water consumption in Crookwell has declined in line with rainfall, but remains high relative to previous years. The dam storage level is sitting at 80%. Given the reduction in usage and also the stage of the season, water restrictions are not expected to be necessary. With good rainfall during February, water storage at Taralga has recovered and water restrictions are no longer being contemplated. The rainfall has also resulted in improved flows in the Lachlan River and water restrictions have now been lifted for Gunning and Dalton. With the activation of the new 100Ml storage facility, restrictions are not expected to be necessary in the foreseeable future. Routine bacteriological water tests undertaken at Crookwell, Gunning, Taralga and Dalton continue to meet the requirements of the Australian Drinking Water Guidelines 2011. Wastewater Treatment and Production A total of 17.8ML (635kL/day) of wastewater was treated at the Crookwell Wastewater Treatment Plant in January 2014. This compares with 16ML (522kL/day) of wastewater treated in January 2014. Flows have increased in response to improved rainfall, but remain low relative to recent years.



Both the Gunning and Taralga STP’s are operating effectively with effluent quality produced at the respective plants complying with EPA requirements. Maintenance Activities Maintenance tasks undertaken include mains flushing, the repair of leaking water services, and maintaining and servicing treatment and pumping equipment. Capital Projects Gunning/Dalton Water Upgrade Construction of the 100ML earthen storage reservoir is expected to be fully completed by mid March 2014. Council staff commenced pumping water from the river to the storage on the 4th of March. The storage is currently being filled at the rate of 1ML/day. Construction of the Water Treatment Plant is expected to be completed during March 2014. Testing, demonstration and commissioning will be undertaken during April 2014. An electricity upgrade connecting the Dalton pipeline pumping station is currently being completed. The Dalton pipeline will be commissioned following the completion of the Water Treatment Plant, in line with the availability of superior quality drinking water for the community. The Upgraded Raw Water Pumping Station on the Lachlan River is now operational. These works are part of the $10.8M Gunning-Dalton water supply improvement program, which is funded by the Australian Government ($5.4M) under its



Strengthening Basin Communities Program, The NSW Government ($4.3M) under the Country Towns Water Supply and Sewerage Program and Upper Lachlan Shire Council ($1.1M) funded from its water fund reserve. The project currently remains within budget and on program. Taralga Water Supply Upgrade Xylem Water Solutions is nearing contract completion of the Taralga Water Treatment Plant. Testing, demonstration and commissioning have been completed and the upgraded supply is now connected to the village. The water treatment plant is reliably and consistently producing water of a very high quality. Contract completion will be granted upon receipt of all Operation and maintenance manuals, works as executed drawings and rectification of minor defects. The $1.5M project is funded in partnership between Council and the NSW Government under its Country Towns Water Supply and Sewerage Program. POLICY IMPACT Nil OPTIONS Nil FINANCIAL IMPACT OF RECOMMENDATIONS In accordance with 2013/14 Budget.


ATTACHMENTS

Nil



10.10 Access to Community Non Potable Water Supply Policy Review

ITEM 10.10 Access to Community Non Potable Water Supply Policy Review



ISSUE

Providing details regarding a review of the Access to Community Non Potable Water Supply Policy.

Recom

mendation


1. Council adopt the reviewed Access to Community Non Potable Water Supply Policy.

BACKGROUND Providing details regarding the review of the Access to Community Non Potable Water Supply Policy. REPORT POLICY:- Policy Title: Access to community non-potable

water supply . File reference: F10/618-04 Date Policy was adopted by Council initially:

26 April 2007

Resolution Number: 109/07 Other Review Dates: 20 March 2014 Resolution Number: ^^/14 Current Policy adopted by Council: 20 March 2014 Resolution Number: ^^/14 Next Policy Review Date: 2017 PROCEDURES/GUIDELINES:- Date procedure/guideline was developed;


RESPONSIBILITY:- Draft Policy Developed by: Manager of Operations Committee/s (if any) consulted in the development of this policy::

N/A

Responsibility for implementation: Manager of Operations

Works and Operations ACCESS TO COMMUNITY NON POTABLE WATER SUPPLY POLICY REVIEW cont’d


Responsibility for review of Policy: Manager of Operations 1 BACKGROUND Council currently provides community access to non-potable water supply from bore and standpipe facilities located at Crookwell, Gunning, Taralga, Bigga, Binda, Tuena, Jerrawa and Breadalbane and also at the Lost River Road intersection. Council encourages the use of this water for purposes which do not require drinking standard water, and particularly those that would otherwise place demand on existing drinking water supplies. Approved access is provided to all Shire residents free of charge. Water from the standpipe is carted from the site and is currently utilised by both urban and rural communities. Typical uses include; gardening, truck washing, building and commercial operations, small industrial uses, stock watering, fire fighting and Council operations. Emergency services activities have priority use at the standpipe. The site is not intended to provide drinking standard water. Access is not generally available for use outside the Shire, however following written application to Council, access may be granted on humanitarian grounds. Access for use outside the Shire will incur a charge as provided in Council’s Management Plan. Council reserves the tight to reduce access to the facitiies in times of severe water shortage. OBJECTIVES: To provide a framework for appropriate access to Councils non-potable water supplies, whilst maintaining responsible and sustainable management of water resources. ELIGIBILITY This policy applies to all Upper Lachlan Shire Council residents who wish to gain access to non-potable water from Council access points.

This policy applies to all parties who wish to gain access to non-potable water from Council access points for use within, or outside the Shire area. DEFINITIONS Non-potable water’ refers to water for use other than drinking. PROVISIONS

Each water access point is fitted with a meter to record the volume provided by the facility. This meter is periodically read to monitor water usage and following reports of alleged inappropriate uses. The meter is read before and after approved applications for carting outside the Shire. Each water access point has a sign outlining the acceptable uses of the water, clearly marked non-potable, and located in a prominent location.

Works and Operations ACCESS TO COMMUNITY NON POTABLE WATER SUPPLY POLICY REVIEW cont’d


Although the water is not be used for drinking, Water quality tests are periodically undertaken to ensure the water remains suitable for non potable purposes, and not grossly polluted. Council reserves the right to deny access to the site or lock the standpipe in the event of inappropriate use, for supply maintenance activities, or as a result of water quality or quantity issues. Emergency services and combat agencies have priority access. This Policy will be reviewed on an annual basis.

VARIATION: That Council reserves the right to vary the terms and conditions of this policy to ensure it meets the requirements of the relevant legislation. RELEVANT LEGISLATION AND COUNCIL POLICY AND PROCEDURES The following Legislation and Council Policies and documents that are relevant to this Policy include:

Local Government Act (1993) Local Government Regulations


RECOMMENDATION That - 1. Council adopt the reviewed Access to Community Non Potable Water Supply

Policy. ATTACHMENTS

ATTACHMENTS

Nil



10.11 Taralga Sewerage Scheme Connections Policy

ITEM 10.11 Taralga Sewerage Scheme Connections Policy



ISSUE

Providing details regarding a review of the Taralga Sewerage Scheme Connections Policy. Recom

mendation


1. Council adopt the reviewed Taralga Sewerage Scheme Connections Policy.

BACKGROUND Providing details regarding a review of the Taralga Sewerage Scheme Connections Policy. REPORT POLICY:- Policy Title: Taralga Sewerage Scheme

Connections Policy File reference: F10/618-049 Date Policy was adopted by Council initially:

16 September 2010

Resolution Number: 343/10 Other Review Dates: N/A Resolution Number: N/A Current Policy adopted by Council: 20 March 2014 Resolution Number: Next Policy Review Date: 2016 PROCEDURES/GUIDELINES:- Date procedure/guideline was developed;

N/A


N/A

RESPONSIBILITY:- Draft Policy Developed by: Manager of Operations Committee/s (if any) consulted in the development of this policy::

N/A

Responsibility for implementation: Manager of Operations Responsibility for review of Policy: Manager of Operations

Works and Operations TARALGA SEWERAGE SCHEME CONNECTIONS POLICY cont’d


OBJECTIVES: To establish Council’s expectations for connection to the Taralga Sewerage Scheme. POLICY: 1. All properties within the village of Taralga with a building that can be

occupied are required to connect to sewer. 2. All properties within the village of Taralga with a building that can be

occupied will be levied an occupied sewerage rate, irrespective of whether they have made connection to sewer, effective from the 1st July 2011. The occupied sewerage rate will be advertised in the Draft 2011/12 Council Management Plan.

3. All properties that do not have a building that can be occupied will be

levied an unoccupied rate effective from 1st July 2011. The occupied sewerage rate will be advertised in the Draft 2011/12 Council Management Plan.

4. All properties within the village of Taralga with a building that can be

occupied are strongly encouraged to connect to sewer immediately. 3. Relevant Legislation Local Government Act (1993) Local Government (General) Regulation 2005


RECOMMENDATION That - 1. Council adopt the reviewed Taralga Sewerage Scheme Connections Policy. ATTACHMENTS

ATTACHMENTS

Nil



10.12 Liquid Trade Waste Policy

ITEM 10.12 Liquid Trade Waste Policy



ISSUE

Providing details regarding a review of the Liquid Trade Waste Policy.

Recom

mendation


1. Council adopt the reviewed Liquid Trade Waste Policy.

BACKGROUND Providing details regarding a review of the Liquid Trade Waste Policy. REPORT There are no changes to this policy. See attachment. POLICY IMPACT Nil OPTIONS Nil FINANCIAL IMPACT OF RECOMMENDATIONS Nil

RECOMMENDATION That - 1. Council adopt the reviewed Liquid Trade Waste Policy. ATTACHMENTS

ATTACHMENTS

1. Liquid Trade Waste Policy Attachment

Item: 10.12

Attachment 1.: Liquid Trade Waste Policy


POLICY:-

Policy Title:

Liquid Trade Waste Policy

File reference:

F10/618-04


16 September 2010

Resolution Number:

348/10

Other Review Dates:

N/A

Resolution Number:

N/A


20 March 2014

Resolution Number:

XX/14


2016


Date procedure/guideline was developed;


RESPONSIBILITY:-


Manager of Operations

Committee/s (if any) consulted in the development of this policy::

N/A


Manager of Operations


Item: 10.12



Purpose of this policy This policy sets out how council will regulate sewerage and trade waste discharges to its sewerage system in accordance with the NSW Framework for Regulation of Sewerage and Trade Waste (section 3.1 on page 281). The policy is concerned with the approval, monitoring and enforcement process for liquid trade wastes discharged to Council’s sewerage system and the levying of commercial sewerage and liquid trade waste fees and charges. It has been developed to ensure the proper control of liquid trade waste and hence protection of public health, worker safety, the environment, and Council’s sewerage system. The policy also promotes waste minimisation, water conservation, water recycling and biosolids reuse. Sewerage systems are generally designed to cater for waste from domestic sources that are essentially of predictable strength and quality. Council may accept trade waste into its sewerage system as a service to businesses and industry. Liquid trade wastes may exert much greater demands on sewerage systems than domestic sewage and, if uncontrolled, can pose serious problems to public health, worker safety, Council’s sewerage system and the environment. Impacts of poor liquid trade waste regulation include:

Grease, oil, solid material, if not removed on-site, can cause sewer chokes and blockages and the discharge of untreated sewage to the environment. Strong waste may cause sewage odour problems and corrosion of sewer mains, pumping stations and sewage treatment works.

A person wishing to discharge liquid trade waste to the sewerage system must, under section 68 of the Local Government Act 1993, obtain prior approval from Council. Discharging liquid trade waste without an approval is an offence under section 626 of the Act. The procedure for approval is governed by Chapter 7 of the Local Government Act and is subject to the Local Government (General) Regulation 2005. Under clause 28 of the Local Government (General) Regulation, a council must not grant an approval under section 68 of the Act to discharge trade waste (whether treated or not) into a sewer of the council unless the Director-General of the Department of Environment, Climate Change and Water (DECCW) has concurred with the approval. Under section 90 (2) of the Local Government Act, the Director-General, DECCW, may give the council notice that the concurrence may be assumed (with such qualifications or conditions as are specified in the notice).

Item: 10.12



Glossary Assumed Concurrence: Council may apply to the Director-General of the Department of Environment, Climate Change and Water (DECCW) for authorisation to assume concurrence for Classification B or Classification S activities. If granted, Council will no longer need to forward such applications to DECCW for concurrence. Automatic Assumed Concurrence: Councils have been authorised to assume DECCW concurrence for Classification A activities. Such applications may be approved by Council without forwarding the application to DECCW for concurrence. Bilge Water: minor amounts of water collecting in the bilge of a vessel from spray, rain, seepage, spillage and boat movements. Bilge water may be contaminated with oil, grease, petroleum products and saltwater. Biochemical Oxygen Demand (BOD5): The amount of oxygen utilised by micro-organisms in the process of decomposition of organic material in wastewater over a period of five days at 20°C. In practical terms, BOD is a measure of biodegradable organic content of the waste. Biosolids: Primarily organic solid product produced by sewage processing. Until such solids are suitable for beneficial use, they are defined as wastewater solids or sewage sludge. Bunding: Secondary containment provided for storage areas, particularly for materials with the propensity to cause environmental damage. Chemical Oxygen Demand (COD): A measure of oxygen required to oxidise organic and inorganic matter in wastewater by a strong chemical oxidant. Wastewaters containing high levels of readily oxidised compounds have a high COD. Chemical Toilet: Toilet in which wastes are deposited into a holding tank containing a deodorizing or other chemicals; wastes are stored and must be pumped out (and chemical recharged) periodically. Commercial Kitchen/Caterer: For the purpose of these Guidelines, a commercial kitchen is a premise that is typically a stand-alone operation and prepares food for consumption off-site. These types of businesses typically cater to wedding functions, conferences, parties, etc. This definition would not apply to a food processing factory supplying pre-prepared meals to an airline company or similar. Contingency Plan: A set of procedures for responding to an incident that will affect the quality of liquid trade waste discharged to the sewerage system. The plan also encompasses procedures to protect the environment from accidental and unauthorised discharges of liquid trade waste to the stormwater drainage system, and leaks and spillages from stored products and chemicals. Director-General: Director-General means the Director-General of the Department of Environment, Climate Change and Water (DECCW). Due Diligence Program: A plan that identifies potential health and safety, environmental or other hazards (eg. spills, accidents or leaks) and appropriate corrective actions aimed at minimising or preventing the hazards.

Item: 10.12



DECCW Concurrence is required before a council may approve an application for the discharge of liquid trade waste (including septic tank and pan waste) to the sewerage system. It is a requirement under section 90(1) of the Local Government Act and clause 28 of the Local Government (General) Regulation 2005 that council obtain the written concurrence of the Director-General of the Department of Environment, Climate Change and Water (DECCW) prior to approving such waste to be discharged to the council’s sewerage system. Effluent: The liquid discharged following a wastewater treatment process. Effluent Improvement Plan (EIP): The document required to be submitted by a discharger who is not meeting the acceptance limits for discharge waste quality set down in Council’s approval conditions and/or liquid trade waste agreement. The document sets out how the discharger will meet the acceptance limits for the discharge of liquid trade waste to the sewerage system within the agreed timeframe. Galley Waste: In this Policy, a liquid waste from a kitchen or a food preparation area of a vessel; solid wastes are excluded. Heavy Metals: Metals of high atomic weight which in high concentrations can exert a toxic effect and may accumulate in the environment and the food chain. Examples include mercury, chromium, cadmium, arsenic, nickel, lead and zinc. Housekeeping: is a general term, which covers all waste minimisation activities connected with the way in which operations within the premises are carried out. Industrial Discharges: Industrial liquid trade waste is defined as liquid waste generated by industrial or manufacturing processes. Local Government Regulation: Local Government (General) Regulation 2005 under the Local Government Act 1993. Liquid Trade Waste: Liquid trade waste means all liquid waste other than sewage of a domestic nature. Mandatory Concurrence: For the liquid waste in Classification C, councils will need to obtain concurrence from DECCW for each discharger. Methylene Blue Active Substances (MBAS): These are anionic surfactants (see Surfactants definition) and are called MBAS as their presence and concentration is detected by measuring the colour change in a standard solution of methylene blue dye. Minimal Pre-treatment: For the purpose of this Policy includes sink strainers, basket arrestors for sink and floor waste, plaster arrestors and fixed or removable screens. National Framework for Wastewater Source Management: refer to section 3.2 NSW Framework for Regulation of Sewerage and Trade Waste: refer to section 3.1

Item: 10.12



NSW Office of Water (NOW): In accordance with the Public Sector Employment and Management (Departmental Amalgamations) Order 2009, the NSW Office of Water has been established as a separate office within the Department of Environment, Climate Change and Water from 27 July 2009. Open Area: Any unroofed process, storage, washing or transport area potentially contaminated with rainwater and substances which may adversely affect the sewerage system or the environment. Pan: For the purpose of this Policy “pan” means any moveable receptacle kept in a closet and used for the reception of human waste. pH: A measure of acidity or alkalinity of an aqueous solution, expressed as the logarithm of the reciprocal of the hydrogen ion (H+) activity in moles per litre at a given temperature; pH 7 is neutral, below 7 is acidic and above 7 is alkaline. Premises: Has the same meaning as defined in the Local Government Act Dictionary and includes any of the following:

(a) a building of any description or any part of it and the appurtenances to it (b) land, whether built on or not (c) a shed or other structure (d) a tent (e) a swimming pool (f) a ship or vessel of any description (including a houseboat) (g) a van. (h)

Prescribed Pre-treatment Equipment is defined as standard non-complex equipment used for pre-treatment of liquid trade waste, egg. a grease arrestor, an oil arrestor/separator, solids arrestor, cooling pit (refer to Table 7 of Liquid Trade Waste Regulation Guidelines, 2009). Primary Measurement Device: A device such as a gauging pit, weir tank or flume installed in the liquid trade waste discharge line suitable for installation of instrumentation for flow measurement. In cases of commercial flows this can mean a removable section of pipe (in the fresh water supply to the trade waste area) and the installation of a check meter. Septage: Material pumped out from a septic tank during desludging; contains partly decomposed scum, sludge and liquid. Septic Tank: Wastewater treatment device that provides a preliminary form of treatment for wastewater, comprising sedimentation of settleable solids, flotation of oils and fats, and anaerobic digestion of sludge. Septic Tank Effluent: The liquid discharged from a septic tank after treatment. Sewage Management Facility: A human waste storage facility or a waste treatment device intended to process sewage and includes a drain connected to such a facility or device.

Item: 10.12



Sewage of a Domestic Nature: Includes human faecal matter and urine and waste water associated with ordinary kitchen, laundry and ablution activities of a household, but does not include waste in or from a sewage management facility. Sewerage System: The network of sewage collection, transportation, treatment and by-products (effluent and biosolids) management facilities. Ship-to-Shore Pump-out: Liquid waste from a vessel that may be considered for disposal to the sewerage system. This includes on-board toilet wastes, galley wastes and dry dock cleaning waste from maintenance activities. Sullage: Domestic wastewater excluding toilet waste. Surfactants: The key active ingredient of detergents, soaps, emulsifiers, wetting agents and penetrants. Anionic surfactants react with a chemical called methylene blue to form a blue-chloroform-soluble complex; the intensity of colour is proportional to concentration. Suspended Solids (SS): The insoluble solid matter suspended in wastewater that can be separated by laboratory filtration and is retained on a filter. Previously also referred to as non-filterable residue (NFR). Total Dissolved Solids (TDS): The total amount of dissolved material in the water. Waste Minimisation: Procedures and processes implemented by industry and business to modify, change, alter or substitute work practices and products that will result in a reduction in the volume and/or strength of waste discharged to sewer.

Item: 10.12



What is liquid trade waste?

Liquid trade waste is defined in the Local Government (General) Regulation 2005 as below: Liquid trade waste means all liquid waste other than sewage of a domestic nature. Liquid trade waste discharges to the sewerage system include liquid wastes from:

business/commercial premises (eg. beautician, florist, hairdresser, hotel, motel, restaurant, butcher, service station, supermarket, dentist)

community/public premises (including craft club, school, college, university, hospital and nursing home)

industrial premises trade activities (eg. mobile carpet cleaner) any commercial activities carried out at a residential premises saleyards, racecourses and from stables and kennels that are not

associated with domestic households septic tank waste, chemical toilet waste, waste from marine pump-out

facilities and established sites for the discharge of pan content from mobile homes/caravans to the sewerage system.

While septic tank, pan and ship-to-shore pump-out waste are defined as trade waste, specific procedures need to be applied to their management as the waste is often transported from its source to the sewerage system. Accordingly, specific references to these wastes are provided in this policy where necessary. Liquid trade waste excludes:

toilet, hand wash basin*, shower and bath wastes derived from all the premises and activities mentioned above

wastewater from residential toilets, kitchens, bathrooms or laundries (i.e. domestic sewage)

common use (non-residential) kitchen and laundry facilities in a caravan park

residential swimming pool backwash.

* Used for personal hygiene only Objectives The objectives1 of this policy are:

to protect public health to protect the health and safety of Council employees to protect the environment from the discharge of waste that may have a

detrimental effect to protect Council assets from damage to assist Council to meet its statutory obligations

1 The above objectives are consistent with the National Framework for Wastewater Source

Management on page 22 of the National Wastewater Source Management Guideline, July 2008, Water Services Association of Australia (WSAA).

Item: 10.12


to provide an environmentally responsible liquid trade waste service to the non-residential sector

to encourage waste minimisation and cleaner production in the commercial and industrial sectors

to promote water conservation, water recycling and biosolids reuse to ensure compliance of liquid trade waste dischargers with Council’s

approved conditions to provide operational data on the volume and composition of industrial

and commercial effluent to assist in the operation of the sewerage system and the design of augmentations or new sewerage systems

to ensure commercial provision of services and full cost recovery through appropriate sewerage and liquid trade waste fees and charges.

Scope of this Policy This policy comprises three parts:

Part 1 specifies the circumstances in which a person is exempt from the necessity to apply for an approval to discharge liquid trade waste to Council’s sewerage system

Part 2 specifies the criteria which Council will take into consideration in determining whether to give or refuse a liquid trade waste approval

Part 3 specifies the framework for regulation of liquid trade waste, including the NSW Framework for Regulation of Sewerage and Trade Waste, alignment with the National Framework for Wastewater Source Management, application procedures, liquid trade waste discharge categories, liquid trade waste services agreements, monitoring of liquid trade waste discharges, liquid trade waste fees and charges, modification or revocation of approvals, prevention of waste of water and contaminated stormwater discharges from open areas.


Item: 10.12



1 Part 1 – Exemptions Upper Lachlan Shire Council Exemptions*

For obtaining approval of liquid trade waste discharge

Table 1: Exemptions

This table lists commercial business activities that the Director-General, DECCW has consented to an exemption from the requirement to apply for approval for liquid trade waste discharge to the sewerage system. Each such business must meet the standard requirements specified below. An

annual trade waste fee applies to each such discharger.

Activity Requirements

Beautician Nil.

Bed and Breakfast (not more than 10 persons including proprietor)

Sink strainers in food preparation areas. Housekeeping practices (see Note 4).

Community hall (minimal hot food) Sink strainers in food preparation areas. Housekeeping practices (see Note 4).

Day care centre (no hot food prepared)

Sink strainers in food preparation areas.

Housekeeping practices (see Note 4).

Nappies are not to be flushed into the toilet.

Delicatessen – no hot food prepared

Sink strainers in food preparation areas. Housekeeping practices (see Note 4).

Dental technician (no X-ray) Plaster arrestor required.

Doctor’s surgery (plaster casts, no X-ray)

Plaster arrestor required.

Dog/cat groomer/salon

Floor waste basket and sink strainer required (see Note 3).

Animal litter and any waste disposal products may not be discharged to sewer.

No organophosphorus pesticides may be discharged to sewer.

Florist Floor waste basket and sink strainer required.

No herbicides/pesticides may be discharged to sewer.

Fruit and vegetable – retail Floor waste basket and sink strainer required (see Note 3).

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Activity Requirements

Funeral parlour Floor waste basket required.

Formaldehyde is not to be discharged to the sewer.

Hairdressing Floor waste basket and sink strainer (where available).

Jewellery shop

miniplater

ultrasonic washing

precious stone cutting

Miniplater vessel to contain no more than 1.5 L of precious metal solution

Nil

If : < 1000 L/d plaster arrestor required

> 1000 L/d general purpose pit required

Mixed business (minimal hot food)

Floor waste basket and sink strainer required

(see Note 3).


Mobile cleaning units

carpet cleaning

garbage bin washing

20 micron filtration system fitted to a mobile unit.

Floor waste basket required. Discharge is via grease arrestor (if available).

Motel (no hot food prepared and no laundry facility)


(see Note 3).


Nut shop Floor waste basket and sink strainer required (see Note 3).

Optical service - retail Solids settlement tank/pit required.

Pet shop – retail Floor waste basket and sink strainer required (see Note 2).

Pizza reheating for home delivery


Sandwich shop, salad bar, juice bar, coffee shop (no hot food prepared)


(see Note 3).


Venetian blind cleaning Nil (see Note 2).

Notes: 1. Where “required” is used it means as required by Council. 2. If activity is conducted outdoors, the work area is to be roofed and bunded to prevent

stormwater ingress into the sewerage system. 3. All drainage from floors in food preparation areas is required to pass through a floor waste

basket. 4. Food preparation activities need to comply with sound housekeeping practices including:

(a) Floor must be dry swept before washing. (b) Pre-wiping of all utensils, plates, bowls etc. to the scrap bin before washing up. (c) Use of a food waste disposal unit is not permitted.


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2 Part 2 – Criteria for approval to discharge liquid trade waste into council’s sewerage system

2.1 Factors for consideration

Council’s decision to accept liquid trade waste into its sewerage system is on the basis of a preventive risk management framework for managing risks to the sewerage system within an integrated water

cycle management2 context. It will be based on the discharge meeting Council’s requirements3. When determining an application to discharge liquid trade waste to the sewerage system, Council will consider the following factors:

The potential for the liquid trade waste discharge to impact on public health The possible impacts the discharge may pose to the environment (land, water, air, noise,

or nuisance factors)

The potential impacts of the discharge on the health and safety of the Council’s employees

The possible impact of the discharge on Council’s sewerage infrastructure or sewage

treatment process The capability of the sewerage system (both transportation and treatment components)

to accept the quality and quantity of the proposed liquid trade waste discharge

The impact the liquid trade waste will have on the ability of the sewerage scheme to meet Department of Environment, Climate Change and Water (DECCW) licence requirements

Compliance of the proposed liquid trade waste discharge with guideline limits in this policy4

The potential impacts of the discharge on the quality of, and management practices for,

effluent and biosolids produced from the sewage treatment process The adequacy of the pre-treatment process(es) to treat the liquid trade waste to a level

acceptable for discharge to the sewerage system, including proposed safeguards if the

pre-treatment system fails Whether appropriate safeguards are proposed to avoid the discharge of other,

non-approved wastes to the sewerage system

The adequacy of any chemical storage and handling facilities, and the proposed safeguards for preventing the discharge of chemicals to the sewerage system

Whether prohibited substances are proposed to be discharged

2 Integrated Water Cycle Management Guidelines for NSW Local Water Utilities, DWE, October 2004. 3 In considering options for waste management to drive resource efficiency, the following order of preference

set out on page 6 of the National Wastewater Source Management Guidelines, July 2008, WSAA will be adopted:

Avoidance Minimisation Re-use Recovery of energy Treatment Disposal

4 The quality of trade waste from some low risk commercial activities in Classification A will exceed guideline limits in Council’s trade waste policy. As a higher level of pre-treatment is not cost-effective, such waste is acceptable if the discharger installs and properly operates and maintains the required pre-treatment equipment (refer to Table 4 on page 2 and Tables 7 to 9 of Liquid Trade Waste Regulation Guidelines, 2009). Similarly, septic and pan waste may exceed some guideline limits.

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The potential for stormwater entering the sewerage system and adequacy of proposed stormwater controls

Waste minimisation and water conservation programs The adequacy of the proposed due diligence program and contingency plan, where

required.

2.2 Discharge quality

Council has guideline limits for the acceptance of discharges, as set out in Table 2 on pages 277 to

14. Council may vary the guideline limits for a particular sewage treatment works. Where the guideline limits cannot be met, applicants are required to provide justification for exceeding the limits. Based on the type and the proposed contaminant levels, Council may refuse the application, or may approve it

subject to an effluent improvement program, or other conditions being implemented.

2.3 Prohibited substances

Some substances are not suitable for discharge to the sewerage system. Table 3 on page 280 sets out those substances which must not be discharged to the sewerage system. Council may not grant approval for the discharge of these substances to the sewerage system unless it is specifically

approved under section 68 of the Local Government Act.

2.4 Stormwater discharges from open areas

Stormwater is a prohibited discharge under this policy. The ingress of stormwater into the sewerage

system can cause operational problems to the system and result in sewer overflows, as the sewerage system does not have the capacity for such flows. Therefore, Council does not generally accept the discharge of stormwater to the sewerage system.

However, it is recognised that it may not always be possible or practical to prevent all stormwater entering the sewerage system at some liquid trade waste premises. The discharge of limited quantities of first flush stormwater from sealed areas will be considered where roofing cannot be

provided because of safety or other important considerations. The discharge from unsealed areas is not permitted.

Before the stormwater will be considered for discharge to the sewerage system, the applicant must

provide the following information:

reasons why the area cannot be fully or partially roofed and bunded to exclude stormwater

the dimensions and a plan of the open area under consideration whether the open area is sealed the estimated volume of the stormwater discharge

information on rain gauging where a first-flush system is proposed, details on how the stormwater will be diverted to

the drainage system after the first flush is accepted (the first flush to be limited to first 10

mm of storm run off) measures proposed for diverting stormwater away from the liquid trade waste generating

area

report on other stormwater management options considered and why they are not feasible.

Note: Trade waste charges for the acceptance of stormwater to the sewerage system are indicated in

section 3.7.9 on page 296.


Item: 10.12


2.5 Food waste disposal units

The use of food waste disposal units (also known as in-sinkerators, in-sink food waste disposers, or

garbage grinders) is not permitted. Existing installations in hospitals and nursing homes may be permitted, provided that wastewater is discharged through an adequately sized grease arrestor. For existing premises, a food waste disposal charge will be levied based on the number of beds in the

hospital or nursing home (refer to section 3.7.6 on page 293).

If the hospital or nursing home kitchen is refurbished, the food waste disposal unit must be removed.

2.6 Devices that macerate or pulverise waste

Macerators and any other similar devices that are used for pulverising of solid waste are not authorised to connect to Council’s sewerage system (Refer NSW Code of Practice: Plumbing and

Drainage, 2006). Solid waste includes, but is not limited to, sanitary napkin, placenta, surgical waste, disposable nappy, mache bedpan and urine containers.

Therefore Council will not accept any discharges from such devices to its sewerage system.

2.7 Use of additives in pre-treatment systems

Council does not allow solvents, enzymes, bioadditives, and odour control agents to be used in pre-treatment systems (except neutralising chemicals designated for the pre-treatment) except by

specific written application and subsequent approval.


Item: 10.12


Table 2: Guideline limits for acceptance of liquid trade wastes into sewerage system

Parameter* Limits#

General acceptance guideline limits

Flow Rate The maximum daily and instantaneous rate of discharge (kL/h or L/s) is set on the available capacity of the sewer. Large dischargers are required to provide a balancing tank to even out the load on the sewage treatment works.

BOD5 and Suspended Solids

Normally, approved at 300 mg/L each. Concentration up to 600mg/L and in some cases higher concentration for low mass loadings may be acceptable if the treatment works has sufficient capacity and odour will not be a problem.

COD Normally, not to exceed BOD5 by more than three times. This ratio is given as a guide only to prevent the discharge of non-biodegradable waste.

Total Dissolved Solids

Up to 4000 mg/L may be accepted. However, the acceptance limit may be reduced depending on available effluent disposal options and will be subject to a mass load limit.

Temperature Less than 38°C.

pH Within the range 7.0 to 9.0.

Oil and Grease 100 mg/L if the volume of the discharge does not exceed 10% of the design capacity of the treatment works, and 50 mg/L if the volume is greater than 10%.

Detergents All industrial detergents are to be biodegradable. A limit on the concentration of 50 mg/L (as MBAS) may be imposed on large liquid trade wastes.

Colour No visible colour when the waste is diluted to the equivalent dilution afforded by domestic sewage flow.

Radioactive Substances

The discharge must comply with the Radiation Control Act 1990.

cont …

* See Glossary for explanation of terms

# Refer to National Wastewater Source Management Guideline, July 2008, WSAA for recommended analytical

methods


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Table 2 (Cont.) – Guideline limits for acceptance of liquid trade wastes into sewerage system

Parameter Maximum concentration (mg/L)

Acceptance guideline limits for inorganic compounds

Ammonia (as N) 50

Boron 5

Bromine 5

Chlorine 10

Cyanide 1

Fluoride 20

Nitrogen (total Kjeldahl) 100

Phosphorus (total) 20

Sulphate (as SO4) 500

Sulphide (as S) 1

Sulphite (as SO3) 15

Acceptance guideline limits for organic compounds

Benzene 0.04

Toluene 0.5

Ethylbenzene 1

Xylene 1

Formaldehyde 30

Phenolic compounds (except pentachlorophenol) 5

Petroleum hydrocarbons (non-flammable)* 30

Pesticides general (except organochlorine and organophosphorus)*

0.1

Polynuclear Aromatic Hydrocarbons (PAHs) 5

cont …

* Refer to Table 3


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Table 2 (Cont.) – Guideline limits for acceptance of liquid trade wastes into sewerage system

Parameter Maximum concentration (mg/L)

Allowed daily mass limit (g/d)

Acceptance guideline limits for metals

Aluminium 100 -

Arsenic 1 2

Cadmium 1 6

Chromium* 3 15

Cobalt 5 15

Copper 5 15

Iron 100 -

Lead 1 6

Manganese 10 30

Mercury 0.01 0.05

Molybdenum 5 30

Nickel 3 15

Selenium 1 15

Silver 2# 6

Tin 5 15

Zinc 5 15

Total heavy metals excluding aluminium,

iron and manganese

less than 30 mg/L and subject to

total mass loading requirements

* Where hexavalent chromium (Cr6+) is present in the process water, pre-treatment will be required to reduce it to the trivalent state (Cr3+), prior to discharge into the sewer. Discharge of hexavalent chromium (Cr6+) from chromate compounds used as corrosion inhibitors in cooling towers is not permitted.

# This limit is applicable to large dischargers. The concentration of silver in photoprocessing waste where a balancing tank is provided is not to exceed 5 mg/L.


Item: 10.12


Table 3: Substances prohibited from being discharged into the sewerage system

organochlorine weedicides, fungicides, pesticides, herbicides and substances of a similar nature and/or wastes arising from the preparation of these substances

organophosphorus pesticides and/or waste arising from the preparation of these substances

any substances liable to produce noxious or poisonous vapours in the sewerage system organic solvents and mineral oil

any flammable or explosive substance

discharges from ‘Bulk Fuel Depots’ chromate from cooling towers

natural or synthetic resins, plastic monomers, synthetic adhesives, rubber and plastic

emulsions

rain, surface, seepage or subsoil water, unless specifically permitted

solid matter any substance assessed as not suitable to be discharged into the sewerage system

waste that contains pollutants at concentrations which inhibit the sewage treatment

process – refer National Wastewater Source Management Guideline, July 2008, WSAA

any other substances listed in a relevant regulation.


Item: 10.12



3 Part 3 – Framework for regulation of liquid trade waste

3.1 The NSW framework for regulation of sewerage and trade waste

Due to the Tragedy of the Commons5 in the use of common pool resources, sound regulation of

sewerage and trade waste requires implementation of all the following integrated measures.

1. Preparation and implementation of a sound trade waste regulation policy, assessment of each trade waste application and determination of appropriate conditions of approval. The

conditions must be consistent with the LWU’s Integrated Water Cycle Management Strategy and demand management plan. In addition, execution of a liquid trade waste services agreement is required for large dischargers to assure compliance.

2. Preparation and implementation of a sound Development Servicing Plan6, with commercial sewerage developer charges to ensure new development pays a fair share of the cost of the required infrastructure.

3. Full cost recovery with appropriate sewer usage charges7 and trade waste fees and charges8 in order to provide the necessary pricing signals to dischargers. These charges must include non-compliance trade waste usage charges and non-compliance excess mass charges in

order to provide the necessary incentives for dischargers to consistently comply with their conditions of approval.

4. Monitoring, mentoring and coaching of dischargers in order to achieve cleaner production and

assist them to comply with their conditions of approval.

5. Enforcement, including appropriate use of penalty notices under section 222 of the Protection of the Environment Operations Act 1997. Orders may also be issued and penalties imposed

for offences under sections 626, 627 and 628 of the Local Government Act 1993.

6. Disconnection of a trade waste service in the event of persistent failure to comply with the LWU’s conditions of approval.

Together, the above six measures comprise the NSW framework for regulation of sewerage and trade waste. The framework involves a preventive risk management approach, which has been developed to address the use of common pool resources by providing economic incentives for dischargers to

minimise their waste and to consistently comply with their conditions of approval.

3.2 Alignment with the national framework for wastewater source management

5 Refer to page 3 of National Wastewater Source Management Guideline, July 2008, WSAA. Thus, in the

absence of appropriate controls and measures (such as conditions of approval, a sewer usage charge, a trade waste usage charge, a non-compliance trade waste usage charge, excess mass charges, non-compliance excess mass charges and penalty notices), it would be in the economic interest of each trade waste discharger to minimize their efforts and expenditure on control and pre-treatment of their trade waste before discharging it to the sewerage system. In the past, failure to implement these measures has caused multi-million dollar damage to sewerage networks, pumping stations and treatment works (refer to the examples shown on pages 30, 47 and 48 of the Liquid Trade Waste Regulation Guidelines, 2009).

6 In accordance with the NSW Developer Charges Guidelines for Water Supply, Sewerage and Stormwater, 2002.

7 In accordance with page 29 of the NSW Water Supply, Sewerage and Trade Waste Pricing Guidelines, 2002. 8 In accordance with Appendices D and I of the Liquid Trade Waste Regulation Guidelines, 2009.

Item: 10.12



The NSW framework for regulation of sewerage and trade waste is outlined in section 3.1. The NSW framework is driven by the NSW Government’s Best-Practice Management of Water Supply of

Sewerage Guidelines, 2007 and is consistent with that in the National Framework for Wastewater Source Management.9

In particular, under the Best-Practice Management Guidelines each LWU is required to achieve the

following outcomes:

Prepare and implement a 30-year Integrated Water Cycle Management Strategy, demand management plan, pay-for-use water supply pricing and community and

customer involvement (Elements 1, 6, 8) Annual performance monitoring, including an annual triple bottom line (TBL)

Performance Report and Action Plan to identify and address any areas of under-

performance (Elements 5, 6, 9, 10, 11, 12)

Achieve full cost recovery for water supply, sewerage and trade waste services and

apply an appropriate non-residential sewer usage charge (Elements 3, 8) Prepare and implement a sound trade waste regulation policy and issue an appropriate

approval to each trade waste discharger, including waste minimisation and cleaner

production (Elements 1, 2, 3, 4, 7, 8) Appropriate trade waste fees and charges (including incentives to comply with LWU’s

approval conditions through non-compliance trade waste usage charges and

non-compliance excess mass charges) (Elements 3, 8) Trade waste services agreement for large dischargers to assure compliance (Elements

3, 8)

Appropriate training of LWU staff and monitoring, mentoring and coaching of trade waste dischargers (Elements 1, 4, 5, 7, 8)

Enforcement, including appropriate use of penalty notices or orders (Elements 3, 8)

Disconnection of a trade waste service in the event of persistent failure to comply with the LWU’s conditions of approval (Element 8).

3.3 Application Procedures

9 The following 12 elements of the National Framework for Wastewater Source Management are set out

on page 22 of the National Wastewater Source Management Guideline, July 2008, WSAA:

COMMITMENT

1. Commitment to Wastewater Source Management

SYSTEM ANALYSIS and MANAGEMENT

2. Assessment of the Wastewater System 3. Preventive Measures for Wastewater Input Quality Management 4. Operational Procedures and Process Control 5. Verification of Wastewater Inputs Quality 6. Management of Incidents/Complaints and Emergencies

SUPPORTING REQUIREMENTS

7. Employee Awareness and Training 8. Customer and stakeholder involvement and awareness 9. System Validation and Research and Development 10. Documentation and Reporting

REVIEW

11. Evaluation and Audit 12. Review and Continual Improvement

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To obtain Council’s approval to discharge liquid trade waste to Council’s sewerage system, a discharger must lodge an application in writing. Application forms are available from Council. If a

person wishes to discharge liquid trade waste to the sewerage system but is not the owner of the premises, the person must obtain the owner’s consent to the application.

The applicant must provide the following information:

site owner’s full name, address, contact telephone number address of the business/industry where discharge to the sewerage system will occur name of contact person for the premises and telephone contact for the business/industry

type of process/activity generating the liquid trade waste normal hours of business operation rate of discharge, including

– the average per day, maximum per day and per hour, and – hours of the day during which discharge will take place

characteristics of wastes, including – nature of source – expected maximum and average concentrations of pollutants – (Where sampling and testing are required to establish the quality of the liquid trade

waste, the testing should be carried out in accordance with the procedures set out in the Standard Methods for the Examination of Water and Wastewater published by the American Public Health Association, American Water Works Association and Water

Pollution Control Federation.) chemicals to be used – supply Material Safety Data Sheets details of any proposed pre-treatment facilities, location and site plan. Details should

include: – pre-treatment process details – internal wastewater drainage

– pump size – rising main size, length and profile

– system operational characteristics

– operational procedures – provisions for sampling and flow measurement, where required – proposed connection point to the sewerage system

flow diagram and hydraulic profile of proposed liquid trade waste pre-treatment facilities maintenance schedule for pre-treatment equipment, including contractor’s details stormwater drainage plan

measures for prevention of stormwater ingress into the sewerage system location, nature and chemical composition of all substances stored/used on site justification for disposing of the waste into the sewerage system over other possible

options (if any) methods of disposal for other wastes that are not discharged to the sewerage system any relevant environmental impact assessments

any additional information as requested by Council.


Item: 10.12


The following information needs to be provided in regard to the discharge of septic tank and

pan waste to the sewerage system:

identification of the pump out service provider

proposed method of discharge including plans and drawings if appropriate

details of any proposed facilities for a disposal point, location and site plan (if applicable).

Details should include the proposed connection point to the sewerage system

security arrangements at the proposed disposal site (if applicable)

the provision of freshwater for hosing down where needed

bunding and measures to prevent the ingress of stormwater at the proposed dump point, if applicable

the use of odour inhibiting or other chemicals, if any, and their dosage rates

statement that septic effluent will not be mixed with septage or grease trap pump out, ie. dedicated tankers will be used for each type of waste

for boat/marina facility – the type and number of vessels either moored at the marina

and/or would utilise the pump-out facility on a regular basis:

o private

o commercial.

Council may, under section 86 of the Local Government Act, request an applicant to provide more information to enable it to determine the application.

3.4 Approval of applications

Where an application is approved, Council will notify the applicant as soon as practical of the approval

and any conditions of the approval. The duration of the approval will be as stated in the approval. In cases where Council requires a discharger to enter into a liquid trade waste services agreement (refer to section 3.9 on page 298), Council will issue a deferred commencement approval under section 95

of the Local Government Act requesting the discharger to do so within the time specified in Council’s letter. In such cases, the approval will not be operative until the agreement has been executed by the discharger.

An applicant may make a minor amendment or withdraw an application before it is approved by Council. An applicant may also apply to Council to renew or extend an approval, in accordance with section 107 of the Local Government Act.

If an application is refused, Council will notify the applicant of the grounds for refusal.

An approval to discharge liquid trade waste to Council’s sewer is not transferable. A new application must be lodged and a new approval obtained if there is a change of the approval holder or the activity.

Council must be notified of change of ownership and/or occupier in all cases, whether a new approval is required or not, to allow updating of records.


Item: 10.12


3.5 Concurrence of the Department of Environment, Climate Change and Water

If Council supports an application and has a notice stating that concurrence of the Director-General, Department of Environment, Climate Change and Water (DECCW), can be assumed for the waste relevant to the application, Council will approve the application. Otherwise, Council will seek

concurrence from DECCW in accordance with the requirements of section 90(1) of the Local Government Act.

Liquid trade waste discharges are divided into four (4) classifications for the purpose of the

concurrence process:

Concurrence Classification A – liquid trade waste dischargers for which Council has been authorised to assume concurrence to the approval subject to certain requirements

Concurrence Classification B – liquid trade waste dischargers whereby Council may apply to the Director-General, DECCW for authorisation to assume concurrence to the approval subject to certain requirements

Concurrence Classification S – the acceptance of septic tank, pan waste and ship-to-shore pump-out. Council may apply to the Director-General, DECCW for authorisation to assume concurrence to the approval subject to certain conditions

Concurrence Classification C – all other liquid trade waste dischargers that do not fall within Concurrence Classification A, B or S, and therefore require Council to apply to DECCW for concurrence.

All councils have been authorised to assume concurrence for Concurrence Classification A liquid trade waste discharges. These are listed in Table 4 and Council will not need to seek DECCW concurrence for approval of trade waste applications for these activities.


Item: 10.12


Table 4: Liquid trade waste discharges with automatic assumed concurrence

Commercial retail food preparation activities

Other commercial activities

Bakery (retail) Animal wash (pound, stables, racecourse, kennels, mobile animal wash and veterinary with no X-ray)

Bed and Breakfast (<10 persons) Beautician

Bistro Boiler blowdown

Boarding house/hostel kitchen Car detailing

Butcher shop (retail) Cooling tower

Café/coffee shop/coffee lounge Craft activities (making of clay pottery, ceramics, cutting and polishing of gemstones or making of jewellery at clubs, cottage industries)

Canteen Dental surgery/dental specialist

Cafeteria Dental technician

Chicken/poultry shop (only fresh chickens/game sold)

Doctor’s surgery, medical centre - plaster casts (no X-rays)

Chicken/poultry shop (retail BBQ/charcoal chicken)

Florist

Club (kitchen wastes) Funeral parlour, morgue

Commercial kitchen/caterer Hairdressing (includes barbers)

Community hall/civic centre Jewellery shop

Day care centre Laboratory (pathology/analytical)

Delicatessen Laundry or laundromat (coin operated)

Doughnut shop Lawnmower repairs

Fast food outlet (McDonalds, KFC, Burger King, Pizza Hut, Red Rooster, etc.)

Mechanical repairs/workshop

Fish shop (retail – fresh and/or cooked) Mobile cleaning units

Food caravan Optical service

Fruit and vegetable shop (retail) Pet shop (retail)

Function centre Photographic tray work/manual development

Hotel Plants retail (no nursery)

Ice cream parlour School (Primary and Secondary)

Juice bar Stone working

Mixed business Swimming pool/spa/hydrotherapy


Item: 10.12


Motel Vehicle washing (by hand/wand, automatic car wash, external truck wash or underbody/engine degrease only)

Nightclub Venetian blind cleaning

Nursing home kitchen Veterinary /animal kennels with X-ray

Nut shop Waterless minilab

Patisserie

Pie shop

Pizza shop

Restaurant

Salad bar

Sandwich shop

School canteen

Supermarket (with butcher/delicatessen/ seafood/or charcoal chickens)

Take-away food outlet

Notes:

The volume of liquid trade waste must not exceed 5 kL/d or 1000 kL/a except in the case of commercial retail

food preparation activities, where up to 16 kL/d is included in this category. If the waste discharged to the sewer

exceeds these volumes, the application must be treated as Concurrence Classification B. Discharges over 20

kL/d must be treated as Classification C.


Item: 10.12


3.6 Liquid trade waste charging categories

Four (4) classifications of liquid trade waste have been established for concurrence purposes,

Classification A, B, C and S (refer section 3.5 on page 285). For trade waste charging purposes there are also four (4) charging categories, Category 1, 2, 2S and 3 (pages 289 and 290).

Figure 1 below shows that Classification A dischargers fall into Charging Category 1 or Category 2.

Classification B dischargers fall into Charging Category 2, except for a few dischargers with low impact on the sewerage system which fall into Category 1. Classification S dischargers fall into Charging Category 2S. Classification C dischargers fall into Charging Category 3.

Figure 1: Charging categories for trade waste

* Also includes fish shop (fresh fish for retail)

# Except shopping complexes and institutions (hospital, educational facilities, etc.). These will be charged as

Category 2 in accordance with activities carried out on the premises.


Item: 10.12



Category 1 Discharger

Category 1 liquid trade waste dischargers are those conducting an activity deemed by Council as requiring nil or only minimal pre-treatment equipment and whose effluent is well defined and of a

relatively low risk to the sewerage system. In addition, Category 1 includes dischargers requiring prescribed pre-treatment but with low impact on the sewerage system.

Classification A activities – Commercial retail food preparation activities that do not generate an oily/greasy waste: bakery

(only bread baked on-site), bistro (sandwiches, coffee only), café/coffee shop/coffee lounge, canteen, community hall (minimal

food), day care centre, delicatessen, fruit and vegetable shop, hotel, ice cream parlour (take away only), juice bar, mixed business,

motel, nightclub, nut shop, pizza cooking/reheating (no preparation or washing up on-site, pizza heated and sold for consumption

off-site), potato peeling (small operation), sandwich shop/salad bar, take away food outlet.

Classification A activities – Other commercial activities: animal wash, beautician/hairdressing, crafts < 1000 L/d, dental

surgery (plaster casts, no X-ray unless digital), doctor’s surgery and medical centre (plaster casts, no X-ray), florist, funeral

parlour, mobile cleaning units, morgue, jewellery shop, optical service (retail), pet shop, plants retail (no nursery), public

swimming pool, photographic (tray work/manual development), venetian blind cleaning, veterinary (no X-ray).

Classification A or B activities – dischargers with prescribed pre-treatment with low impact on the sewerage system:

boiler blowdown, cooling tower, industrial boilers, laboratory (analytical/pathology/tertiary institution), laundry, primary and

secondary school10

, vehicle washing.


Category 2 liquid trade waste dischargers are those conducting an activity deemed by Council as requiring

a prescribed type of liquid trade waste pre-treatment equipment and whose effluent is well characterised.

Trade Waste dischargers with prescribed pre-treatment11 include:

Classification A activities: Premises that prepare and/or serve hot food or foods that generate an oily/greasy waste:

bakery (pies, sausage rolls, quiches, cakes, pastries with creams or custards), bistro, boarding house/hostel kitchen, butcher,

café/coffee shop/coffee lounge, cafeteria, canteen, fast food outlet, chicken/poultry shop, club, community hall12

, commercial

kitchen/caterer, nursing home, patisserie, supermarket, doughnut shop, fish shop (cooking on-site), function centre, hotel, ice

cream parlour, motel, nightclub, pizza cooking, restaurant, sandwich shop/salad bar, take away food outlet.

Other commercial Classification A activities: car detailing, craft activities > 1000 L/d, dental surgery with X-ray, lawnmower repairs,

mechanical workshop, stone working, veterinary (with X-ray), waterless mini-lab.

Classification B activities: auto dismantler, bus/coach depot, construction equipment maintenance and cleaning, equipment

hire, maintenance and cleaning, glass cutting and grinding, graphic arts, hospital (with or without X-ray), medical centre (with X-

ray), optical services (at medical or educational facilities, workshops), oyster processing – shucking, panel beating,

photographic lab, radiator repairer, screen printing, service station forecourt, shopping complex, water wash mini-lab, X-ray

radiologist.

Other Classification A activities: fish shop (fresh fish for retail).

10 If significant hot food preparation is carried out, Category 2 charges may be levied by Council. 11 Excludes low impact activities, listed under Category 1. 12 If the type and size of kitchen fixtures installed enable catering for large functions.

Item: 10.12


Category 2S Discharger

Category 2S dischargers are those conducting an activity of transporting and/or discharging septic tank or pan content waste into the sewerage system.

Trade waste dischargers include the following Classification S activities:

Classification S activities: bus/rail coaches/caravan/motor home/caravan park waste dump points,

mooring/marina dump points, pan waste, portable chemical toilet waste, septage, septic tank effluent, ship-to-

shore pump-outs (galley waste and toilet waste).

Category 3 Discharger (large or industrial waste dischargers)

Category 3 liquid trade waste dischargers are those conducting an activity which is of an industrial nature and/or which results in the discharge of large volumes (over 20 kL/d) of liquid trade waste to the sewerage system. Any Category 1 or 2 discharger whose volume exceeds 20 kL/d becomes a

Category 3 discharger, except shopping complexes and institutions (eg. hospitals, educational facilities, correctional facilities, etc.)

Large trade waste dischargers and other Classification C activities include: abattoir, bakery

(wholesale), brewery, cooling towers, cosmetics/perfumes manufacture, dairy processing

(milk/cheese/yoghurt/ice cream etc.), food processing (cereals/cannery/condiments/ confectionary/edible

oils/fats/essence/ flavours/fish/fruit juice/gelatine/honey/meat/pickles/ smallgoods/tea and coffee/vinegar/yeast

manufacture etc.), fruit and vegetable processing, flour milling, glue manufacturer, egg processing, pet food

processing, plants nursery (open areas), potato processing, poultry processing, saleyards, seafood processing,

soft drink/cordial manufacture, starch manufacture, sugar refinery, tanker washing, tip leachate, transport depot/

terminal, water treatment backwash, wholesale meat processing, winery, wine/spirit bottling.

Dischargers of industrial waste include the following Classification C activities: acid pickling,

adhesive/latex manufacture, agricultural and veterinary drugs, anodising, bitumen and tar, bottle washing,

cardboard and carton manufacture, carpet manufacture, caustic degreasing, chemicals manufacture and

repackaging, contaminated site treatment, cyanide hardening, detergent/soaps manufacture, drum washing,

electroplating, engine gearbox reconditioning, extrusion and moulding (plastic/metal), feather washing,

fellmonger, felt manufacture, fertilisers manufacture, fibreglass manufacture, filter cleaning, foundry, galvanising,

glass manufacture, ink manufacture, laboratories (excluding those in Category 2), liquid wastewater treatment

facility (grease trap receival depot and other pump-out waste depot), metal finishing, metal processing

(refining/rumbling/ non-cyanide heat treatment/phosphating/ photo engraving/printed circuit etching/sheet metal

fabrication etc.), mirrors manufacture, oil recycling (petrochemical) and refinery, paint stripping, paint

manufacture, paper manufacture, pharmaceuticals manufacture, plaster manufacture, powder coating, printing

(newspaper, lithographic), sandblasting, slipway, tannery, timber processing (joinery and

furniture/plywood/hardwood), textile manufacture (wool dyeing/ spinning/scouring), truck washing (internal),

waxes and polishes.

Phasing-in of charges

As indicated on page 24 of the Best-Practice Management of Water Supply and Sewerage

Guidelines, 2007, the non-residential sewerage bills for customers facing a large increase as a result of implementing best-practice pricing are to be phased in over a period of five (5) years. Large increases in trade waste fees and charges may be phased in over a period of up to three (3) years.


Item: 10.12


3.7 Liquid trade waste fees and charges

Council provides sewerage and liquid trade waste services on a commercial basis, with full cost

recovery through sewerage and liquid trade waste fees and charges. Council’s proposed fees and charges are advertised annually for public comment in its draft Management Plan. In addition to the trade waste fees and charges described below, Council may elect to include any trade waste charges

shown in Appendix I of the Liquid Trade Waste Regulation Guidelines, 2009.

Liquid trade waste discharged to the sewerage system from industrial, commercial or other non-residential customers can impose significant costs on sewage transport and treatment facilities.

To recover these costs and to ensure removal of existing significant cross-subsidies from residential customers, in addition to a two-part tariff with an appropriate sewer usage charge/kL for non-residential sewerage, appropriate fees and charges are levied for liquid trade waste.

Council’s liquid trade waste fees and charges may include:

Application fee

Annual trade waste fee

Re-inspection fee

Trade waste usage charge

Septic tank and pan waste disposal charge

Excess mass charges

Food waste disposal charge

Non-compliance trade waste usage charge

Non-compliance excess mass charge and pH charge

Non-compliance penalty.

3.7.1 Application fee

The application fee recovers the cost of administration and technical services provided by Council in

processing applications for approval to discharge liquid trade waste to the sewerage system. The application fee will be allocated on the basis of the category into which the discharger is classified and reflects the complexity of processing the application. Application fees will be set annually by Council.

3.7.2 Annual trade waste fee

The purpose of this fee is to recover the cost incurred by Council for administration and the scheduled

inspections each year to ensure a liquid trade waste discharger’s ongoing compliance with the conditions of their approval.

As part of an inspection, Council or its agents may undertake monitoring of the liquid trade waste

discharges from premises or business. Such monitoring may include but is not limited to, flow measurement and the sampling of the liquid trade waste. Where more than one (1) instance+ of such monitoring is undertaken by Council, or its agents, in a financial year, the cost involved may be

recovered from the discharger.

Annual liquid trade waste fees are determined on the basis of the category of the discharger and are proportionate to the complexity of their inspection and administration requirements. Annual trade

waste fees will be set by Council. Where the discharger is required to pay for monitoring this will be charged on the basis of full cost recovery#.


Item: 10.12


3.7.3 Re-inspection fee

Where non-compliance with the conditions of an approval has been detected and the discharger is required to address these issues, Council will undertake re-inspections to confirm that remedial action

has been satisfactorily implemented. Council will impose a fee for each re-inspection. The re-inspection fee will be set annually by Council on the basis of full cost recovery. A re-inspection may include the monitoring of liquid trade waste discharges, the cost of which may be recovered from the

discharger.

3.7.4 Trade waste usage charge

The trade waste usage charge is imposed to recover the additional cost of transporting and treating liquid trade waste from Category 2 dischargers.

Trade Waste Usage Charge ($) = Q x $1.38*/kL (2007/08$)

Where Q = Volume (kL) of liquid trade waste discharged to sewer.

* These charging rates are in 2007/08$ and should be indexed on the basis of the Consumer Price Index for

Sydney.

3.7.5 Excess mass charges

Excess mass charges will apply for substances discharged in excess of the deemed concentrations in domestic sewage shown in Table 5 below. For excess mass charge calculation, equation (1) below

will be applied.

Table 5: Deemed concentration of substances in domestic sewage

Substance Concentration (mg/L)

Biochemical Oxygen Demand (BOD5) 300

Suspended Solids 300

Total Oil and Grease 50

Ammonia (as Nitrogen) 35

Total Kjeldahl Nitrogen 50

Total Phosphorus 10

Total Dissolved Solids 1000

Sulphate (SO4) 50#

# The concentration in the potable water supply to be used if it is higher than 50mg/L.

NB. Substances not listed above are deemed not to be present in domestic sewage.

Liquid Trade Waste Excess Mass Charge ($) = (1)

Where: S = Concentration (mg/L) of substance in sample.

D = Concentration (mg/L) of substance deemed to be present in domestic sewage.

Q = Volume (kL) of liquid trade waste discharged to the sewerage system.


Item: 10.12



U = Charging rate ($/kg) for discharge of substance to the sewerage system.

Charging rates (U) used in equation (1) are as shown in Council’s Annual Management Plan.

With regard to BOD, equation (1) applies for BOD5 up to 600 mg/L.

Excess mass charges for BOD exceeding 600mg/L

If Council approves the acceptance limits for BOD5 higher than 600mg/L, an exponential type equation will be used for calculation of the charging rate Ue ($/kg) as shown in equation (2). Equation (2) provides a strong incentive for dischargers to reduce the strength of waste. In addition, equation

(5) on page 31 will be used where the discharger has failed to meet their approved BOD limit on two (2) or more instances in a financial year.

Ue is the excess mass charging rate for BOD ($/kg).

Ue =

(2)

Where C = the charging rate ($/kg) for BOD5 600mg/L.

Actual BOD = the concentration of BOD5 as measured in a sample

For example if C = $0.623/kg, equation (2) would result in the following excess mass charging rates:

$0.623/kg for BOD5 600mg/L



The excess mass charge for BOD is calculated using equation (1):

Excess Mass Charge for BOD ($) =

3.7.6 Food waste disposal charge13

Where Council has permitted the use of a food waste disposal unit for an existing hospital, nursing home or other eligible facility, the following additional food waste disposal charge will be payable annually.

Food Waste Disposal Charge ($) = B x UF

Where B = Number of beds in hospital or nursing home.

UF = Annual charging rate ($/bed) for a food waste disposal unit at a hospital or nursing

home.

Note: The recommended annual charging rate is $23/bed (2007/08$).

13 For existing installations only. New installations are not permitted.

Item: 10.12


3.7.7 Non-compliance charges

Category 1 and 2 Dischargers

If the discharger has not installed or maintained appropriate pre-treatment equipment, the following trade waste usage charges will be applied for the relevant billing period:

Category 1 Discharger - $1.38*/kL (2007/08$)

Category 2 Discharger - $12.68*/kL (2007/08$)


Non-compliance pH charge

Equation (3) is used for waste with pH being outside the approved range. This equation provides an

incentive for dischargers to apply appropriate pH correction so their waste remains within the approved pH limits. Council may require industrial and large dischargers to install and permanently maintain a pH chart recorder or data logger as control of pH is critical to minimising odour and

corrosion problems in the sewerage system.

Charging rate for pH where it is outside the approved range for the discharger =

K x (actual pH – approved pH)# x 2 (actual pH – approved pH)# (3)

# absolute value to be used.

K = pH coefficient = 0.346 (2007/08$) and needs to be adjusted in accordance with changes in the CPI.

Example: Council has approved the pH range 8.0 to 9.0 for a large discharger generating high strength trade waste in order to prevent corrosion and odour problems in the sewerage system.

Case 1: pH measured 7.0

Charging rate ($/kL) = 0.346 x [7 – 8] x 2 [7 - 8] = $0.69/kL

Case 2: pH measured 11.0

Charging rate ($/kL) = 0.346 x [11-9] x 2 [11-9] = $2.77/kL

Non-compliance excess mass charges

Where a discharge quality fails to comply with the approved concentration limits of substances

specified in Council’s approval conditions (or the acceptance criterion listed in Council’s trade waste policy), Council incurs additional costs in accepting and treating that waste. Council may also face problems with the effluent and biosolids management.

* These charging rates are in 2007/08$ and should be indexed on the basis of the Consumer Price Index for

Sydney.


Item: 10.12


In order to recover Council’s costs, equation (4) shall apply for non-compliance excess mass charges, except for BOD where equation (5) shall apply.

Non-compliance Excess Mass Charges ($) = (4)

Where:

S = Concentration (mg/L) of substance in sample.

A = Approved maximum concentration (mg/L) of pollutant as specified in Council’s approval (or liquid trade waste policy).

Q = Volume (kL) of liquid trade waste discharged for the period of non-compliance.

U = Excess mass charging rate ($/kg) for discharge of pollutant to sewerage system, as shown in Council’s Annual Management Plan.

D = Concentration (mg/L) of substance deemed to be present in domestic sewage.

Non-compliance excess mass charges for BOD

If a discharger has failed to meet the approved maximum concentration of BOD on two or more instances in a financial year, the non-compliance excess mass charging rate for BOD Un will be levied on the basis of equation (5):

Un is the BOD non-compliance excess mass charging rate.

Un =

(5)

For example, if C = $0.623/kg, BOD5 actual (measured) level is 2400mg/L and the approved maximum concentration of BOD (A) is 1000mg/L, equation (5) would result in a non-compliance excess mass charging rate of $8.02/kg.

Non-compliance Excess Mass Charge for BOD is calculated using equation (1):

Non-compliance Excess Mass Charge ($) =

The non-compliance excess mass charges shown above are in lieu of the excess mass charges in section 3.7.5.

NB. Council will continue applying the above non-compliance excess mass charge until the quality of discharge complies with Council’s approved quality (or the trade waste policy) limits, within the time frame determined by Council for remedying the problem. If the discharger fails to rectify the problem within this time frame, the discharger may be required to cease discharging liquid trade waste into Council’s sewerage system and may also be required to pay a ‘non-compliance penalty’ as indicated in the following section.

3.7.8 Non-compliance penalty

The non-compliance penalty covers instances where Council may seek compensation for its costs relating to legal action, damage to infrastructure, incurred fines and other matters resulting from

illegal, prohibited or unapproved liquid trade waste discharged to the sewerage system. Also included are fines under:


Item: 10.12


Protection of the Environment Operations Act 1997, section 120(1) (Pollution of any waters by a discharger who fails to comply with the conditions of approval for discharge

of liquid trade waste to sewer)

Local Government Act, 1993, section 627 (Failure to comply with an approval), section 628 (Failure to comply with an order). Non-compliance penalties will be pursued by legal action.

3.7.9 Discharge of stormwater to the sewerage system

The discharge of stormwater, surface and subsoil waters to the sewerage system is prohibited under this policy. As indicated in section 2.4, the acceptance of first flush stormwater runoff may be permitted. A charge of $12.68/kL (2007/08$) will be applied to Category 3 dischargers in accordance

with the non-compliance trade waste usage charge, if approval is granted to accept the above waters. Excess mass charges will be also applied in accordance with section 3.7.5.

3.7.10 Septic and pan waste disposal charge

This charge is imposed to recover the cost of accepting and treating septic tank and pan waste.

Septic tank and pan waste disposal charge ($) = Q x S

Where: Q = Volume (kL) of waste discharged to sewer.

S = Charging rate in $/kL for septic tank effluent, septage or chemical toilet waste as

indicated in Council’s Annual Management Plan.*

3.7.11 Responsibility for payment of fees and charges

Property (land) owners are responsible for the payment of fees and charges for water supply, sewerage and liquid trade services provided by Council. This includes property owners of marina,

caravan park, etc., if a dump point located at their premises is connected to the sewerage system. Where another party (lessee) leases premises any reimbursement of the lessor (property owner) for such fees and charges is a matter for the lessor and the lessee.

Council will charge a septic tank and pan waste disposal charge for services it provides to transporters of septic tank and pan waste tankered and discharged to the sewerage system.


Item: 10.12



Table 6: Summary of trade waste fees and charges14 C

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(w

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SE

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NO

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S/k

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req

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NO

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PLI

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P

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ALT

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(if r

equi

red)

1 Yes15 Yes Yes Yes No No No Yes16 No Yes

2 Yes Yes Yes Yes Yes No No Yes16 No Yes

2S Yes Yes17 Yes Yes17 No Yes No No No Yes

3 Yes Yes Yes Yes No No Yes No Yes Yes

All dischargers of liquid trade waste to Council’s sewerage system should be aware that they are subject to prosecution and imposition of fines under the Local Government Act 1993 and the Protection of the Environment (Operations) Act 1997 and Regulations. In addition to fines, Council

may recover costs of damages and fines incurred by Council as a result of an illegal liquid trade waste discharge.

3.8 Monitoring

Council will carry out inspections of the premises of all liquid trade waste dischargers and their treatment facilities at least once per annum. Inspections of commercial premises preparing hot food may be carried out at least four (4) times per annum (refer to page 291 in section 3.7.2). Monitoring of

the large and industrial dischargers is to be carried out as specified in the approval conditions.

The applicant may be required to monitor the liquid trade waste discharge as a condition of an approval or agreement. They may also be required to pay for any sampling and testing of liquid trade

waste undertaken by Council.

For this purpose, an inspection/sampling point, where the waste can be inspected and sampled, will be specified in the approval and/or agreement. This point will normally be located after the

pre-treatment facility. The discharger may need to install a suitable method of flow measurement.

Council may require the discharger to:

install a permanent primary measurement device

measure the volume and flow rate using the permanently installed flow measurement

system (such as a flow metering system)

install a flow measurement device on a temporary basis and obtain enough data to determine a basis for assessing the flow rate and volume

14 In addition, a Food Waste Disposal Charge will apply where Council has approved the use of an existing food

waste disposal unit for a hospital, nursing home or other eligible facility (refer to section 3.7.6 on page 2). 15 Not applicable for dischargers exempted in Table 1. 16 Non-compliance trade waste usage charge, if the discharger fails to install or properly maintain appropriate

pre-treatment equipment:

Category 1 - $1.38/kL (2007/08$) Category 2 - $12.68/kL (2007/08$)

17 Only applicable if the discharger has a dump point located at their premises which is connected to the sewerage system

Item: 10.12


provide a system which allows obtaining a flow weighted composite sample.

Testing of samples is to be undertaken by a NATA-registered or other laboratory recognised by the

NSW Office of Water (NOW) to ensure reliable and accurate results. Where the discharger is sampling the effluent, Council may randomly take duplicates to confirm the waste characteristics.

3.9 Liquid trade waste services agreement

In addition to its approval under the Local Government Act, Council may require certain dischargers, including those who wish to discharge liquid trade waste in large volumes (discharge >20 kL/d) or industrial waste (Concurrence Classification C discharges) or Classification S into its sewerage

system to execute a liquid trade waste services agreement (refer to Attachment 1). The agreement will set out the conditions associated with the discharge and execution of the agreement will be a condition of the approval issued by Council (refer to section 3.4 on page 284). The conditions will be

binding on the applicant and the Council. The agreement will be for a period of up to five (5) years. No discharge is to be made to Council’s sewerage system until an agreement or an interim agreement has been executed.

Provision can be made in the agreement for (in addition to Council’s approval conditions):

additional conditions for discharge of liquid trade waste

cancellation of the agreement and/or order to cease the discharge if the discharger is found to be in breach of the agreement or the liquid trade waste approval or, in the

opinion of Council, the waste is adversely affecting the sewerage system or the environment

entry by Council officers to inspect the liquid trade waste collection, treatment, monitoring and disposal systems

the applicant to notify Council in advance of any changes that may affect the quality and

quantity of the liquid trade waste

the amount of bond/security to be lodged with Council prior to discharging to the sewerage system.

3.10 Enforcement of approvals and agreements

(see the attached sample agreement at Attachment 1 on page 300)

Any person who fails to obtain Council’s approval to discharge liquid trade waste into the sewerage

system, or fails to comply with the conditions of the approval, may be liable to a penalty as provided under the Local Government Act 1993 (sections 626 to 628 and 634 to 639).

Polluting of any waters by a discharger of liquid trade waste who does not have a Council approval or

who fails to comply with the conditions of the approval is an offence under section 120 (1) of the Protection of the Environment Operations Act 1997. In addition, under section 222 of this Act, Council may issue a penalty notice (ie. an on-the-spot fine) to such a discharger.

Any person who fails to comply with the terms or conditions of a liquid trade waste services agreement (ie. there is a breach of the agreement) will be required to indemnify the Council against any resulting claims, losses or expenses in accordance with section 9 of the agreement. Suspensions

may also apply and may include a notice to cease the discharge.


Item: 10.12


3.11 Modification and revocation of approvals

Council reserves the right to modify or revoke an approval to discharge liquid trade waste to the

sewerage system in any of the following circumstances:

if the approval was obtained by fraud, misrepresentation or concealment of facts

for any cause arising after the granting of the approval which, had it arisen before the approval was granted, would have caused the council not to have granted the approval

for failure to comply with a requirement made by or under the Local Government Act

1993 relating to a condition of the approval

for failure to comply with a condition of the approval.

3.12 Prevention of waste of water

Water must be used efficiently and must be recycled where practicable. It is an offence under section 637 of the Local Government Act 1993 and its Regulation (refer to Attachment 2) to waste or misuse

water.

Dilution of trade waste with water from any non-process source including Council’s water supply, bore water, groundwater and/or stormwater as a means of reducing pollutant concentration is therefore

strictly prohibited.

3.13 Effluent improvement plans

Where the existing liquid trade waste discharged does not meet Council’s requirements, the applicant may be required to submit an Effluent Improvement Plan setting out how Council’s requirements will

be met. The proposed plan must detail the methods/actions proposed to achieve the discharge limits and a timetable for implementation of the proposed actions. Such actions may include more intensive monitoring, improvements to work practices and/or pre-treatment facilities to improve the effluent

quality and reliability.

3.14 Due diligence programs and contingency plans

For Concurrence Classification A, a discharger is not required to submit either a due diligence program or a contingency plan.

A discharger may be required to submit a due diligence program and a contingency plan for Concurrence Classification B or Classification S where it is considered that the discharge may pose a potential threat to the sewerage system. If required, a due diligence program and contingency plan

must be submitted to Council within six (6) months and three (3) months respectively of receiving a liquid trade waste approval.

For Concurrence Classification C, a discharger may need to provide a due diligence program and

contingency plan to Council within six (6) months and three (3) months respectively of receiving a liquid trade waste approval.


Item: 10.12


It should be noted that:

1. If the discharger has an accredited environmental management system in place, a due

diligence program and contingency plan may not be required. However, proof of accreditation must be provided to Council with the application. The EMP may not include all necessary provisions in regard to trade waste. In such cases Council may require that a suitable due

diligence program and contingency plan be developed and submitted to Council.

2. Where Council considers there is potential risk to the sewerage system from a discharge, it may request a due diligence program and contingency plan to be submitted prior to commencing the discharge.

Attachment 1 Sample Liquid Trade Waste Services Agreement between Upper Lachlan Shire Council and [Applicant]


Item: 10.12


Liquid Trade Waste Services Agreement Between

1. Upper Lachlan Shire Council

and

2. The Applicant

Recitals

A. The Council is the owner and operator of a sewerage system within the ___________

area.

B. The Applicant has made application to the Council to discharge liquid trade waste from the Premises into the Council’s sewerage system.

C. The application has been approved by the Council on certain conditions (“the Approval”), including the condition that the Council and the Applicant enter into this Agreement.

D. The Director-General of the Department of Water and Energy has concurred in the

Approval in accordance with clause 28 of the Local Government (General) Regulation 2005.

E. The Approval does not operate until this Agreement has been executed by both parties.

F. The parties enter this Agreement in consideration of the mutual promises contained herein.

Operative Part

1. Definitions and interpretation

1.1 In this Agreement, unless the context otherwise requires:

“Act” means the Local Government Act 1993 (NSW).

“Annexure” means the annexure to this Agreement.

“Annual Management Plan” means the annual management plan of the Council, as adopted by the

Council from time to time.

“Applicant” means the entity named as such in the Annexure.

“Approval” means the approval described in Recital C.

“Council” means the council named as such in the Annexure.

“Liquid Trade Waste Services” mean the making available by the Council of its sewerage system for connection to the Premises, for the purpose of discharge by the Applicant of its liquid trade waste.

“Premises” means the premises described in the Annexure.


Item: 10.12


1.2 Unless the context otherwise requires:

(a) A reference to this Agreement is a reference to this Agreement, including the Annexure, as amended from time to time in accordance with its terms

(b) A reference to the discharge of liquid trade waste means the discharge of liquid trade waste by the Applicant from the Premises to the Council’s sewerage system

(c) A reference to any legislation is a reference to such legislation as amended from time to

time

(d) Where the Applicant is comprised of more than one person, each obligation of the Applicant will bind those persons jointly and severally and will be enforceable against them jointly and severally.

2. Liquid Trade Waste Services

The Council will provide the Liquid Trade Waste Services to the Applicant on the terms of this

Agreement.

3. Additional conditions for discharge of liquid trade waste

3.1 The Applicant may discharge liquid trade waste to the Council’s sewerage system in accordance with the Approval and subject to this Agreement.

3.2 The Applicant must comply with all applicable Acts, regulations, by laws, proclamations and

orders and with any lawful direction or order given by or for the Council or any other competent authority.

3.3 The Applicant must not discharge liquid trade waste contrary to this Agreement or the

Approval or in any manner which may have an adverse effect on any person or property (including the sewerage system and the ecological system in the waters, land or area receiving sewage treatment works effluent or biosolids), or which may cause the Council to

be in breach of any applicable Act, regulation, by law, proclamation or order or of any lawful direction given by or for any competent authority.

3.4 The Applicant must at its own cost monitor its discharges in accordance with the

requirements set out in the Approval and must maintain records of such monitoring for inspection by the Council for such period as may be specified in the Approval.

3.5 The Council will carry out routine sampling and testing of the waste stream.

3.6 Where any flow-metering device is installed, the Applicant must at its own cost cause the device to be calibrated at least annually by a person or company approved by the Council. The Applicant must obtain a calibration certificate and provide a copy of the certificate to the

Council within one month of receiving it.

3.7 If the Applicant is required to cease discharging liquid trade waste for any period, then the Applicant must cease discharging such waste for the period specified.

3.8 Where the Applicant ceases to discharge waste in the circumstances prescribed in clause 3.7, the Council may, at its discretion, elect to refund part of the annual trade waste fee on a pro rata basis, calculated according to the period of suspension.

3.9 If this Agreement is terminated, the Applicant must immediately cease to discharge liquid trade waste.


Item: 10.12


4. Fees and charges

4.1 In accordance with the section 560 of the Local Government Act 1993, Council will levy all water supply, sewerage and liquid trade waste fees and charges on the owner of the

property.

4.2 In consideration of provision of the Liquid Trade Waste Services, the fees and charges as specified in the Council’s Annual Management Plan and notified by Council to the owner

and the Applicant must be paid to the Council, including fees for sampling and testing by Council in accordance with the Approval.

4.3 Fees and charges payable will include both non-residential sewerage charges and liquid

trade waste fees and charges.

4.4 All monies payable to the Council must be paid within the time specified in the notice of charge.

5. Term

5.1 This Agreement will commence from the date it is signed on behalf of the Council, and will

continue until the Applicant’s Approval is revoked or the Applicant permanently ceases to discharge liquid trade waste pursuant to the Approval, whichever is the earlier. Upon such revocation or permanent cessation of the approved activity this Agreement shall

automatically terminate by operation of this clause.

5.2 Termination of this Agreement is without prejudice to any accrued rights or obligations of either Party.

6. Powers of the Council

6.1 The Council may enter the Premises at a reasonable hour in the daytime or at any hour

during which business is in progress or is usually carried on at the Premises for the purpose of conducting any inspection, examination, testing, monitoring or sampling to determine whether the Applicant is complying with the conditions of this Agreement.

6.2 The Applicant acknowledges that the Council has statutory powers available to it under the Local Government Act 1993 and other Acts to issue orders and directions to the Applicant in relation to the discharge of liquid trade waste. The Applicant undertakes to comply with each

such order or direction that may be notified by the Council to the Applicant within the time specified for compliance in that order or direction.

6.3 The Applicant releases the Council from any liability to the Applicant for any loss or damage

due to the disruption of the Applicant’s business arising out of the exercise of Council’s rights pursuant to this clause.

7. Information supplied by the Applicant

7.1 The Applicant warrants that all information in its application for approval is true, complete and accurate to the best of its knowledge.

7.2 The Applicant must immediately notify the Council in writing of any error or omission in that information or any change to the information of which the Applicant becomes aware.

7.3 The Applicant must not provide any false or misleading information to the Council.


Item: 10.12


8. Indemnity

8.1 The Applicant indemnifies the Council from and against any claims, losses or expense (including legal costs on a solicitor and client basis) which the Council pays, suffers, incurs or is liable for as a result of:

(a) any unlawful, negligent, reckless or deliberately wrongful act or omission of the Applicant or its personnel or agents in connection with the discharge of liquid trade waste, including (without limitation) such acts or omissions which cause damage to

property, personal injury or death

(b) a breach of this Agreement by the Applicant.

8.2 The Applicant’s liability to indemnify the Council shall be reduced proportionally to the extent that any unlawful, negligent, reckless or deliberately wrongful act or omission of the Council

caused or contributed to the liability or loss.

9. Insurance

The Applicant must effect and maintain for the term of this Agreement a public risk policy of insurance in the minimum of the sum specified in the Annexure and must, upon request by the Council, produce evidence of such insurance to the Council.

10. Bond

10.1 The Applicant must pay to the Council a bond in the sum specified in the Annexure.

10.2 The Council may at any time and without prior notice to the Applicant have recourse to the bond for the recovery of any sum due and owing by the Applicant to the Council.

10.3 Where the applicant fails to cease discharging trade waste as prescribed in clause 3.7, the

Council may require the applicant to forfeit 50% of the bond.

10.4 The Council must return the bond to the Applicant, less any amount deducted by the Council under this clause, upon termination of this Agreement.

11. No assignment

The Applicant may not assign or otherwise transfer its rights and/or obligations under this Agreement.

12. Notices

12.1 A notice under this Agreement must be:

(a) in writing, directed to the representative of the other party as specified in the Annexure

(b) forwarded to the address, facsimile number or the email address of that representative as specified in the Annexure or the address last notified by the intended recipient to the sender.

12.2 A notice under this Agreement will be deemed to be served:

(a) in the case of delivery in person - when delivered to the recipient’s address for service and a signature received as evidence of delivery

(b) in the case of delivery by post - within three business days of posting

(c) in the case of delivery by facsimile – at the time of dispatch if the sender receives a

transmission report which confirms that the facsimile was sent in its entirety to the facsimile number of the recipient

(d) in the case of delivery by email, on receipt of confirmation by the recipient that the recipient has received the email.


Item: 10.12


12.3 Notwithstanding the preceding clause 12.2, if delivery or receipt of a communication is on a day which is not a business day in the place to which the communication is sent or is later

than 5 pm (local time in that place) it will be deemed to have been duly given or made at 9 am (local time at that place) on the next business day in that place.

13. Variation

13.1 If the Applicant’s Approval to discharge liquid trade waste from the Premises is varied, this Agreement shall be deemed to be varied in accordance with the variation made to that

approval or to the fees, by operation of this clause.

13.2 In addition to automatic variation under clause 13.1, this Agreement may be varied by written agreement of the parties, provided that a variation to this Agreement that is

inconsistent with:

(a) the Approval, including rights granted under, and conditions attached to, the Approval

(b) any applicable legislation; or

(c) Council’s Annual Management Plan in respect of applicable fees and charges,

shall have no force or effect.

14. Severability

If any part of this Agreement is prohibited, void, voidable, illegal or unenforceable, then that part is severed from this Agreement but without affecting the continued operation, so far as possible, of the

remainder of this Agreement.

15. Applicable law

15.1 This Agreement is governed by, and must be construed in accordance with, the laws in force in the State of New South Wales.

15.2 Each party submits to the exclusive jurisdiction of the courts exercising jurisdiction in the

State of New South Wales and the courts of appeal there from.

16. Rights cumulative

The rights and remedies provided under this Agreement are in addition to, and not exclusive of, any other rights or remedies provided by law.


Item: 10.12


Executed as an agreement

Execution by the Council:

THE COMMON SEAL OF

……………………………….. was affixed this

…………day of ……..………….. 20…….

in the presence of:

……………………………………………

General Manager

and

…………………………………………….

[print name of witness]

Executed by the Applicant (corporate entity):

)

)

)

)

)

)

)

)

)

)

)

)

(Corporate Seal)

……………………………………..

[signature of General Manager]

…………………………………. ………………………………….

[signature of witness]

The COMMON SEAL of………………………..

.…………………………PTY LIMITED

was affixed this …………………………day of

………………………………….20….. in the

presence of:

………………………………………

[name of Director]

………………………………………

[name of Director/Secretary]

)

)

)

)

)

)

)

)

)

)

)

)

)

)

………….…………………………

[signature of Director]

…………….…………………………

[signature of Director/Secretary]


Item: 10.12


Executed by the Applicant (individual):

Signed by: ……………………………………

[name of Applicant]

This……………day of………………..20…..

in the presence of:

……………………………………………….

[print name of witness]

) ) ) ) ) )

……………………………………..

[signature of Applicant]

……………………………………. [signature of witness]


Item: 10.12


Annexure A. The Council

1. Full Name of Council ______________________________________________

2. ABN ______________________________________________

3. Address ______________________________________________

_______________________________________________________________________

4. Telephone ______________________________________________

5. Emergency Contact ______________________________________________

Telephone ______________________________________________

B. The Applicant

1. Full Name of Applicant ______________________________________________

2. ABN ______________________________________________

3. Business or Trading Name ______________________________________________

4. Address ______________________________________________

____________________________________________________________________________

5. Telephone ______________________________________________

6. Emergency Contact ______________________________________________

Telephone ______________________________________________

C. The Premises

1. Lot and DP Number: Lot(S) _____________________ DP _____________________

2. Location ______________________________________________

____________________________________________________________________________

3. Description ______________________________________________

4. Nature of Business ______________________________________________

D. Notices

Applicant’s Representative ______________________________________________

Postal Address ______________________________________________

____________________________________________________________________________

Facsimile ______________________________________________

Email ______________________________________________

Council’s Representative ______________________________________________

Postal address ______________________________________________

____________________________________________________________________________

Facsimile ______________________________________________

Email address ______________________________________________

E. PUBLIC LIABILITY INSURANCE

Minimum cover: $_____________________________________________

F. BOND $_____________________________________________


Item: 10.12


Attachment 2

Provisions in the Local Government (General) Regulation 2005 in regard to acceptance of liquid trade waste into the sewerage system


Item: 10.12



Clause 25 Matters to accompany applications relating to discharge into sewers

An application for approval to discharge trade waste into a sewer under the control of a Council or that connects with such a sewer must be accompanied by the information required by Table 1 to the Liquid Trade Waste Management Guidelines#.

Clause 28 Approval to discharge waste into sewers: concurrence required

A council must not grant an approval under section 68 of the Act to discharge trade waste (whether

treated or not) into a sewer of the council unless the Director-General of the Department of Energy, Utilities and Sustainability* has concurred with the approval.

Note: Section 90 (2) of the Act permits any person or authority whose concurrence is required before

an approval can be granted to give the council notice that the concurrence may be assumed (with such qualifications or conditions as are specified in the notice).

Clause 32 Disposal of trade waste

(1) An approval to dispose of trade waste into a sewer of the council is subject to such conditions (if any) as the council specifies in the approval.

(2) In imposing any such conditions, the council is to have regard to the matter set out in

Table 5 to the Liquid Trade Waste Management Guidelines#.

Clause 159 Prevention of waste and misuse of water

The owner, occupier or manager of premises to which water is supplied by the council must:

(a) prevent waste of water by taking prompt action to repair leaking taps, pipes or fittings located on the premises

(b) take any other action that is reasonable to prevent waste and misuse of water.

# “Liquid Trade Waste Management Guidelines” means the Guidelines of that name produced by the Department

of Energy, Utilities and Sustainability in March 2005, as in force from time to time. The 2005 Guidelines have now

been superseded by Liquid Trade Waste Regulation Guidelines, April 2009.

* From 27 July 2009 a reference to the Director-General of the Department of Energy, Utilities and Sustainability

is to be construed as a reference to the Director-General of the Department of Environment, Climate Change and

Water.



10.13 Building Over Sewers Policy

ITEM 10.13 Building Over Sewers Policy



ISSUE

Providing details regarding a review of the Building Over Sewers Policy.

Recom

mendation


1. Council adopt the reviewed Building Over Sewers Policy.

BACKGROUND Providing details regarding a review of the Building Over Sewers Policy.

REPORT There are no changes to this policy. See attachment. POLICY IMPACT Nil OPTIONS Nil FINANCIAL IMPACT OF RECOMMENDATIONS Nil

RECOMMENDATION That - 1. Council adopt the reviewed Building Over Sewers Policy. ATTACHMENTS

ATTACHMENTS

1. Building Over Sewer Policy review 2014 Attachment

Item: 10.13

Attachment 1.: Building Over Sewer Policy review 2014


Policy for BUILDING

OVER SEWERS

44 Spring Street, CROOKWELL NSW 2583 or

PO Box 10 CROOKWELL NSW 2583

Ph: 02 48301000 Fax: 02 48322066

Email: [email protected],gov,au

www.upperlachlan.local-e.nsw.gov.au

Adopted 28 September 2006

Resolution Number 250/06

mailto:[email protected],gov,au

Item: 10.13


ULSC Policy for Building Over Sewers - Page i

Contents

1. PRINCIPLES ADOPTED ................................................................................. 1 2. POLICY ON ENQUIRIES ................................................................................. 2 3. WHAT PLANS ARE REQUIRED? .................................................................... 2 4. CONSIDERING PLANS FOR APPROVAL ..................................................... 3 4-1 Horizontal Clearance ................................................................................ 3 4-2 Vertical Clearance ................................................................................ 3 4-3 Manholes, Lampholes and Rodding Points ............................................ 3 4-4 Deviation and Adjustments ...................................................................... 4 4-5 Foundation Details of the Proposed Buildings ........................................ 4 4-6 Condition Details .................................................................................... 4 4-7 Indemnities .............................................................................................. 4 4-8 Zone of Influence ...................................................................................... 4 4-9 Concrete Encasement ................................................................................ 5 4-10 Supervision .............................................................................................. 5 APPENDIX A1 – Building OVER Council’s sewer ........................................................ 6 APPENDIX A2 – Piering of foundations adjacent to Council’s sewer ............................ 7 APPENDIX B1 – Indemnity ............................................................................................. 8 APPENDIX B2 – Indemnity where removal of structures are involved .......................... 9

I. PRINCIPLES AD


Item: 10.13


Policy for Building Over Sewer – Page 1

1. PRINCIPALS ASOPTED Upper Lachlan Shire Council is responsible for the operations and maintenance of the reticulated sewerage system. The aim of this document is to ensure that property owners exercise certain precautions when proposing to build over or adjacent to Council sewer mains. These precautions are necessary to register or reduce as far as possible the need for future maintenance on sewer mains that have buildings in their vicinity. The following principles need to be observed – 1.1 Council will not permit building over

concrete and asbestos cement pipes, or arising mains. However, for concrete and asbestos cement gravity lines, if local conditions permit, the possibility of relaying these in UPVC pipes will be considered.

1.2 Where a building is to be erected over or

adjacent to a sewer (within the zone of influence) concrete encasement of the pipes is required, except in the following cases:

a. Where conditions of the access will remain unaffected and result in no additional superimposed load to the existing sewer.

b. Concrete and/or asbestos cement pipes.

These pipes will need to be replaced with UPVC pipes, if local conditions permit then encased.

1.3 The builder is required to expose the sewer

so that it may be inspected by Council’s Wastewater Supervisor and, if necessary, required or renewed by Council cost to developer or Council before the concrete encasement is placed by the builder under Council supervision. Encasement shall be taken to a flexible pipe joint at least 1000mm clear of the building (see Appendix A1).

1.4 Buildings constructed over a sewer must

provide sufficient headroom for excavations of the sewer if required.

1.5 Building over a sewer in water charged

ground is not permitted unless satisfactory provision can be made for direct access to the sewer other than by tunneling, and normal building over sewer precautions are taken.

1.6 Building over sewer rising mains is not

permitted. 1.7 Building over a sewer manhole or within

1.2m radius of a manhole is generally not permitted. Working space around the manhole must be provided. When a building formerly over a manhole has been demolished rebuilding over the manhole is not permitted. Building over a manhole may be permitted when the manhole is not enclosed and conditions of access and ventilation remain satisfactory with sufficient headroom.

1.8 Arrangements involving access to a sewer

through the floor of a residence will not be permitted.

1.9 Arrangements involving access to a sewer

through the floor in trading areas of shops, stores, hotels and such buildings or in areas where food is proposed to be used to be stored will not be permitted.

1.10 Where satisfactory arrangements for

building over a sewer cannot be provided deviation of the sewer at the owners expense where practicable, may be considered. In the case of a sewer line under a private dwelling, shop, etc, where the pipe is UPVC or vitrified clay of 300mm diameter or greater, the usual requirement for access could be relaxed provided that the concrete encasement is reinforced where soil is unstable. In some cases satisfactory arrangements can be provided by enlarging the pipe and concrete encasing. Generally each must be treated on its merits having regard to the type and importance of the sewer, the nature of the strata, feasibility of redesigning or relocating the proposed building and so on.

1.11 Tunneling or driving horizontally under a

building to gain access to a sewer is not considered to be access in a practical sense.

1.12 The footings of any structure over or

immediately adjacent to (see Appendix A2) a sewer shall be founded below the invert or on sound rock. Pier and beam footings are usually acceptable. Displacement piles must be cored to a depth below the invert. Concrete raft foundations over a sewer are not acceptable when access to the sewer


Item: 10.13


would necessitate cutting through the raft unless special provisions for access is made in the design of the raft.

a.


Item: 10.13


Policy for Building Over Sewer – Page 2

1.13 When building close to but not actually over a sewer the footings must be taken below the zone of influence relative to the trench which would be required for access to the sewer. Concrete encasement of the sewer is required in accordance with Appendix A2.

1.14 Where is proposed to construct a building

across the whole frontage of a block of land which has a sewer manhole at the rear of the site, in cases where the building is not within the zone of influence of the sewer and where access to the manhole would then be denied or be through other private property, the building plan should be endorsed with special conditions as regards to future access.

1.15 When building plans provide for reduction of

soil cover over a sewer to below permissible minimum the sewer must be encased in concrete or diverted at the owners expense.

1.16 The placing of fill to excessive depths over

sewers in trench is not permitted (5m is a maximum depth for practical access). Additional filling to increase the depth above 2.5m requires checking for loading on the pipes.

1.17 Rebuilding of any premises is subject to the

same conditions as would be imposed on respect of an entirely new building.

1.18 The owner is required to indemnify Council

against all claims arising out of the presence, operation, maintenance or repair of a sewer under the proposed building.

1.19 Some structures may be exempt from certain

conditions set down in this policy if they can be readily dismantled and do not place a superimposed load on the sewer main either at the stage if construction or in the foreseeable future owing to alteration of the structure. Examples of such structures could be certain carports, pergolas and garden sheds. In general each case will be assessed

its merits at the time of application with consideration being given to the loads imposed on the sewer and accessibility of the sewer.

2. POLICY ON ENQUIRIES The point at which Council approves or refuses to approve building plans is when those plans are submitted to it. Anything said by Council officers prior to submission of plans, or any other information provided to an intending applicant, can only be of a general preliminary nature and does not constitute approval. Moreover, the precision with which such information can be given is necessarily dependent on the precision of the information supplied by the intending applicant. Building plans should set out the manner of construction, the type of material to be used and the precise location of the structure in relation to Council’s sewer and other structures, boundaries etc. These factors can influence the Council’s building over sewer requirements and enable Council to determine the proposed location of the structure in relation to any Council sewers. It is only at he building plan stage that final details can be given to the likely effects of structures on Council sewers. 3. WHAT PLANS ARE REQUIRED? After the foundations and access requirements are advised and before building plans will be approved by Council, the following plans must be submitted to Councils Sewerage Operations Engineer Two (2) copies of Architectural plan. These plans must include the location of the existing sewer with respect to the lot boundaries and the proposed structure(s). All dimensions indicated on the plan should be established by site survey and not copied from Councils records. If required, arrangements can be made with Council’s Operations Engineer for one of Council’s technical staff to meet on site to mark out the location of the sewer. One copy will be retained by Council’s Sewerage Operations Engineer.


Item: 10.13


Two (2) copies of foundation structural plans. One copy will be retained by Council’s Sewerage Operations Engineer. The plans must clearly indicate the concrete encasement of the sewer, compliance with foundation and access requirements and access to any manholes. Any other conditions indicated by Council will need to be shown. At the completion of the approval works the applicant must submit two (2) copies of Works as Executed plans prior to final approval. 4. CONSIDERING PLANS FOR

APPROVAL The principles set out in Section 1 above are to be observed when considering any building proposal which is likely to affect Council’s sewerage services. The principles could be summarized as follows: a. Council’s sewers are to remain readily

accessible to allow repair and/or renewal works to be carried out by Council in the future without undue restrictions being caused by the proposed building.

b. No building loads are to be transmitted to Council’s sewers by the proposed building, and the building is to be founded so that Council’s works could be carried out without affecting the stability of the building.

c. Wherever access to the sewer is to be restricted by building over or adjacent to it the sewer is to be upgraded (i.e encased in concrete) to eliminate or minimize the need for future access.

These principles require the following aspects to be considered in detail: 4.1 Horizontal Clearance For open trench access where no timbering is required, i.e the trench is less than 1.5metres deep, the face of any foundations should be at least 1200mm clear of the centerline of small (150 or 225mm diameter) pipes or minimum 1200mm clear outside of larger sewers. This dimension may be reduced in special circumstances.

Policy for Building Over Sewers – Page 3

4.2 Vertical Clearance a. Where access to Council’s sewer is to be through

the concrete floor of a building, there shall be a clearance between the underside of the floor and the pipe encasement sufficient to prevent any loads being transmitted to Council’s sewer. The removable part of the floor has to be capable of being removed without affecting the stability of the building.

b. In the case of lack of cover, the encased sewer

may form part of the floor slab, provided it is separated from the rest of the floor by construction joints. The concrete encased sewer is not to be an integral part of any structural member of the building (viz beam or footing). This principle may be satisfied if a compressible membrane is used to isolate the encased pipe.

4.3 Manholes, Lampholes and Rodding a. No building, wall or other improvement will be

permitted over or within 1.2metres radius of a manhole or within 0.75 metres radius of a lamphole or rodding point.

b. Unrestricted access to all manhole, lampholes and rodding points is to be provided for working space, extending a minimum 1.2 metres horizontally from the lamphole or rodding point.

c. A minimum headroom of 2 metres over the manhole, lamphole or rodding point is to be provided for working space, extending a minimum 1.2 metres horizontally from the manhole or 0.75 metres horizontally from the lamphole or rodding point.

d. Full responsibility is to be accepted by the property owner for any damage within the property due to any overflow from the manhole, lamphole or rodding point.

e. Where the building extends across the whole frontage of the building block, care should be taken to ensure that access to the manhole, lamphole or


Item: 10.13


rodding point at the rear of the building is available at all times. Access from adjoining properties, unless public reserve, can only be relied on, if an easement leads to the subject property to provide permanent access. Otherwise a corridor, minimum 1.2 metres wide and 1.8 metres high should be provided on the ground level for access purposes. 4.4 Deviations and Adjustments If the proposed building design does not satisfy Council’s building over sewer requirements, adjustment or deviation of Council’s service, at the applicants cost, may be considered. 4.5 Foundation Details of the Proposed

Buildings a. The building and its foundations are

designed in such a way that no building loads are transmitted to Council’s sewer and the pipe can be repaired or renewed at any time without affecting the stability of the building.

b. Footings, piers and other foundations in the immediate vicinity of Council’s sewer, are to be founded at or below the invert level of the pipe, or on solid rock. All other foundations are to be located so that the building is founded below the “zone of influence” of Council’s sewer trench (see section 4.8).

c. Where building construction involves displacement piles the applicant is to be referred to Council’s Wastewater Manager. No displacement piles will be permitted within 5 metres of Council’s sewer. Piles adjacent to the sewer need to be cored below the invert level to prevent heaving of the ground affecting the sewer.

d. Engineers design details are required to show the design of footings are specified clearances.

4.6 Condition Details

Council’s Wastewater Manager’s requirements will be given by listing them with the conditions of Building Approval. 4.7 Indemnities

Council will not accept any responsibility for the design and/or execution of the construction of the proposed building over Council’s sewer. In order to make this quite clear to the applicant, an indemnity is to be signed by the property owner.


Item: 10.13



.Policy for building Over Sewer – Page 4 In all cases e=where a structure is built within the zone of influence of a sewer main (see Plain Indemnity Appendix B1). Structures which fall within the scope of Clause 1.19, which allows certain structures to be built within the zone of influence of a sewer main without piering of the structure, the property owner will indemnify Council against repair or replacement of the sewer main. The indemnity is not to replace the need of taking usual precautions. Where approved the indemnity may include an undertaking to remove the structure (as in cases of removable structures like above ground swimming pools etc), or an undertaking not to make Council responsible for restoration of special surfaces (tennis courts etc). Examples of indemnities used are in Appendix B and include: B1 – Plain Indemnity B2- Where removal of structures may be involved (eg above ground swimming pools, tennis courts, paving, garden sheds, pegolas etc.) The terms of Council’s indemnity state that Council is not held responsible for any damage to the building apart from negligence by council or its employees. This condition is transferred to successors in title even if they fail to renew the original indemnity and undertaking. 4.8 Zone of Influence

a. Factors which determine the zone of

influence are the width of the trench, depth of trench and the nature of strata.

b. The zone of influence is that section of the ground, both vertically and horizontally, which can be affected by excavation necessary to expose the sewer for repair or renewal. This is also the zone within which building loads could be transmitted to the sewer.

c. The boundary of the zone of influence coincides with the angle of repose of the strata encountered. Common practice shows that the angle of repose in soil and clay is 1 horizontal to 1 vertical. The angle of response in sand, filled ground, loam etc is 2 horizontal to 1 vertical. This boundary shall commence at the bottom corner of the trench

Item: 10.13


nearest the proposed foundation. If the trench is partly in rock or shale the boundary shall commence at the top of the rock or shale strata.

d. The above foundation requirements shall not be used for water charged strata. Foundations in water charged ground are required to be designed by a consulting engineer and approved by Council’s Wastewater Manager.

4.9 Concrete Encasement a. Only vitrified clay and UPVC pipes may be

encased in concrete. Permission may be given to replace other types of pipes with UPVC pipes prior to encasement.

b. All flexible pipe joints are to be maintained. The minimum length of the encasement will be the total length of the building proposed over the sewer plus 1000mm on either side plus any additional length to ensure encasement finishes at a flexible joint. If site conditions require, Council’s Wastewater Manager may increase this length.

c. If a manhole is less than 2 metres from the end of encasement required in b) above, then the encasement is to be extended up to the manhole.

d. Concrete encasement is also required where the cover over the pipes will be reduced to below the minimum safe cover.

Policy for building over Sewers – Page 5

e. Concrete encasement may also be required to minimize the risk of failure of pipes in locations where adequate access is not available.

f. The builder will be required to excavate the trench in accordance with WorkCover guidelines, supply and construct any formwork required and supply and place the concrete (minimum 28-day strength of 15 MPa) in accordance with relevant standards.

A Council Supervisor, organized 24 hours in advance of the inspection being required, will supervise the excavation around and under the pipes, the temporary supporting of pipes if necessary, and the placing of concrete. Backfilling of the trench with suitable material must not be commenced until at least 24 hours after placing the concrete.

4.10 Supervision

a. Building and foundation work over or adjacent to a sewer as approved by Council and encasing of the sewer are to be carried out in the presence and to the satisfaction of a Council Officer.

b. Supervision by a Council officer is required in all cases where any precaution, ie clearances and/or special foundations, are to be observed.


Item: 10.13



600

Policy for Building Over Sewers – Page 6

APPENDIX Al — Building over Council's sewer

TYPICAL DETAILS FOR UPVC AND VC PIPES ALL FOUNDATION DESIGNS MUST BE IN ACCORDANCE WITH COUNCIL'S REQUIREMENTS.

.

SECTION A-A

A) 1,1 ZONE OF INFLUENCE, SEWER IN CLAY, SOIL. ETC.

B) 2,1 ZONE OF INFLUENCE. SEWER IN SAND, FILLED GROUND, LOAM, ETC.

C) IF ROCK OR HARD SHALE, PIER ONLY TO ROCK OR SHALE.

OPEN EXCAVATED PIERS (WHERE LESS THAN 1200MM FROM CENTRELINE OF SEWER

*600MM ABSOLUTE MINIMUM WHERE PIERS CONSTRUCTE BY OPEN EXCAVATION FOR 150mm & 225 mm DIA. PIPES THIS DIMENSION TO BE INCREASED FOR LARGER DIA PIPES

Item: 10.13


Policy, for Building Over Sewers — Page 7

APPENDIX A2 — Piering of foundations adjacent to Council's sewer

TYPICAL DETAILS FOR UPVC ANC VC PIPES ALL FOUNOATION DESIGNS MUST BE IN ACCORDANCE WITH COUNCIL'S REQUIREMENTS.


Item: 10.13



Policy for Building Over Sewers - Page 8

APPENDIX – B 1 — I n d e m n i t y

Owner’s Address: ....................................................... ...................................................................................... ...................................................................................... ...................................................................................... Date: ............................................................................

The General Manager Upper Lachlan Shire Council PO Box 10 CROOKWELL NSW 2583 Dear Sir, Property: .............................................................

RE: BUILDING OVER SEWER MAINS --INDEMNITY

I/We ................................................................................................................................ being the owners, for the time being, of the abovementioned property, hereby agree to indemnify Upper Lachlan Shire Council against all claims arising out of the presence on the subject property of the sewer/s and maintenance thereon which may result from the erection of the:

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

over/adjacent to the said sewer/s and which do not result from negligence on the part of the Council or its officers or workmen. I/We also undertake to obtain al ike indemnity from my/our successors in Title. ............................................................ Owner’s Signature ........................................................................ Witness’s Signature

Item: 10.13



Policy yorBuilding Over Sewers --Page 9

APPENDIX B2 Indemnity where removal of structures are involved

Owner’s Address: ....................................................... ...................................................................................... ...................................................................................... ...................................................................................... Date: ............................................................................

The General Manager Upper Lachlan Shire Council PO Box 10 CROOKWELL NSW 2583 Dear Sir, Property: ............................................................

RE: BUILDING OVER SEWER MAINS --INDEMNITY

I/We ................................................................................................................................ being the owners, for the time being, of the abovementioned property, hereby agree to indemnify Upper Lachlan Shire Council against all claims arising out of the presence on the subject property of the sewer/s and maintenance thereon which may result from the erection of the:

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

over/adjacent to the said sewer/s and which do not result from negligence on the part of the Council or its officers or workmen. I/We also undertake to obtain al ike indemnity from my/our successors in Title. ............................................................. Owner’s Signature ........................................................................ Witness’s Signature



10.14 Trees and Tree Root Management Policy

ITEM 10.14 Trees and Tree Root Management Policy



ISSUE

Providing details regarding the Trees and Tree Roots Management Policy.

Recom

mendation


1. Council resolve to invite public comment regarding the new Trees and Tree Root Management Policy for a period of twenty eight days.

BACKGROUND Providing details regarding the Trees and Tree Root Management Policy. REPORT Council staff have prepared an updated Trees and Tree Roots Management Policy to replace the current Trees and Tree Root Management Policy in its entirety. The policy includes a Tree Management Procedure. POLICY IMPACT Nil OPTIONS Nil FINANCIAL IMPACT OF RECOMMENDATIONS Nil

RECOMMENDATION That - 1. Council resolve to invite public comment regarding the new Trees and Tree

Root Management Policy for a period of twenty eight days. ATTACHMENTS

ATTACHMENTS

1. Trees and Tree Root Management Policy review 2014 Attachment

Item: 10.14

Attachment 1.: Trees and Tree Root Management Policy review 2014

POLICY:-

Policy Title:

Trees and Tree Root Management Policy

File reference:

F10/618-04


November 2007

Resolution Number:

345/07

Other Review Dates:

Resolution Number:


20 March 2014

Resolution Number:

XXX/14


2016


Date procedure/guideline was developed;


RESPONSIBILITY:-


Director of Works & Operations

Committee/s (if any) consulted in the development of this policy::

Kiamma Creek / LandCare groups






Item: 10.14


1. Introduction This policy is specific to trees that stand in land owned or managed by Upper Lachlan Shire Council being; street, lanes, community or operational land reserves referred to as the urban forest. The urban forest is defined as the area within the shire’s towns and villages boundaries. Council has a responsibility for mature self-sown and Council sown trees. The policy does not apply to trees on private property. Council intends to develop a systematic approach to effectively manage tree & tree root in a way that, will as much as possible, reduce exposure to liability claims. The development of procedures to manage tree & trees root risks by pro-activity; inspection; appropriate and timely intervention, that areas of conflict between trees and structures can be avoided or managed within councils budget constraints. Responsibilities concerning the determination of trees and tree roots are written in relevant legislation such as the local Government Act 1993 and the Environmental Planning Act 1997, Tree (Disputes between Neighbours) Act 2006 and their corresponding Regulations.

2. The Value of Trees in the Urban Environment The Upper Lachlan Shire Councils and Community recognise the valuable and important the Tree & Tree Root Policy, for the following reasons:

Trees provide a softening influence on urban environments which may otherwise be harsh.

Trees provide practical community benefits through their capacity to reduce noise and air pollution, through reduction of land erosion, and their positive effect on the microclimate in modifying temperature and wind extremes.

Where appropriate, trees enable the retention of natural habitat for native flora

and fauna.

Landscape character – planting synonymous with the local heritage plantings 3. Why Trees need to be managed There are many factors to be taken into account in maintaining or introducing trees to the landscape. Poor selection, placement or management of trees may result in:

Risks of personal injury to residents and visitors. Hazards to property through overhanging branches. Property damage through undermining, lifting or damaging structures. To seek a balance between location of trees to infrastructure or services

through inappropriate species selection. Minimise tree root damage of infrastructure or maintenance of infrastructure

to the tree’s roots


Item: 10.14


Fouling of waterways and introduction of undesirable plants. Proliferation of animal pests, especially introduced bird species, through

inappropriate selection of trees.

4. ULSC Tree Management Policy Statement Upper Lachlan Shire Council Shall develop procedures to manage all high risk trees planted by council or trees self sown, within council controlled towns & villages. Implement practices to reduce the interaction between the trees & and the built environments with regard for the infrastructure and individual trees. Maintain a register of large trees within the boundaries of Upper Lachlan Shire Council towns and villages. The Director of Operation and Works shall be responsible of the application of the Trees Management Policy within council’s budget constraints.

5. Objectives

To reduce Council’s liability in relation to tree management within the Local Government area, through the consistent application of sound, well documented processes.

To improve local streetscapes by managing trees & infrastructure.

To develop procedures for a co-ordinated approach to the planting, maintenance and replacement of trees

The development of a local area tree selection criterion.

To provide direction to residents and Council staff on the care and management of trees.

To protect and enhance the natural landscape features including water courses.

6. Strategies for implementation of Policy

Communicate policy to staff & Community

Allocate a set budget for tree inspection & Management

Implement procedures on tree inspection & records keeping

Training of Staff in tree Management practices

Comply with best practices Guidelines (State-wide, Work-cover)

Develop a tree register of Street & reserve trees

Manage trees to limit any public liability & infrastructure damage risk

Develop a local tree selection listing of size & species for applications


Item: 10.14


7. Tree Population Estimate ULSC has four (4) towns & Seven (7) Villages with approximately 100 km of urban street; 15.7 km of footpath; 41 parks, ovals or reserves; 2 swimming pools: 129 Building asset with trees assets within boundary fence. Review of aerial photographs (2008) from website of six maps (Lands Department) to estimate tree population in shire on council control land. Estimated of approximately 500 trees of a high risk size.

8. Roles & Responsibilities Director of Works & Operations is responsible;

Implementation of this Policy Resource determination Level of service Review and update policy Maintain appropriate funding

Manager of Works

Implement tree & tree root hazard inspections Develop and implement procedures & system to inspect trees Funding for inspection & maintenance of trees is clearly defined Review trees & tree root, base on risk to community. Provide training on inspection & risk assessments

Supervisor Parks & Gardens

Complete inspection of High risk trees on streets & reserves Maintain register of High risk trees in ULSC Participate in risk assessment process Report damage to infrastructure by trees & proposed take action – type of

rework Maintain inspections records Supervision of employees training in inspection and assessment procedures

9. Tree preservation orders Tree preservation orders are under planning conditions of Upper Lachlan Shire Council‘s (LEP) Local Environmental Plan & (DCP) Development Control Plan.

A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or shrubs on land that contains a Heritage Item, identified as ecological significance or mapped wetlands without the authority conferred by development consent or a permit granted by the Council

10. Tree inventory and documentation Upper Lachlan Shire Council’s horticulturalist maintains a tree inventory in hard copy (exercise book). As resources permit, Council will endeavour to develop a computerised register. The inventory will be use to manage the trees as an asset for the community.


Item: 10.14


Data will be formally collected on tree meeting the following High risk criteria:

Larger trees (Diameter >500mm at 1000mm above ground level) Heritage listed trees Trees within 3m of infrastructure above or below the ground Trees were damage to infrastructure has been repaired in past Trees that are a species known to drop limbs Older tree in high usage areas showing sign of stress / disease A request for a trees removal in a Council Street or Reserve

All items on Tree Inspection form marked* will be completed as the minimum required data. Trees within heritage Areas require a photographic record to be maintained. Data maybe collected for individual trees or as a group of trees e.g. trees on Robertson St road reserve between Colyer & Spring street left side, detail to include number & type of trees, aged, estimate Total life remaining in years, Risk to Council rated (1-5) 1 equals low & 5 equals very high. 11. Tree Inspection Frequency Routine observations are completed by Parks & Garden staff as part of normal duties, where staff report damaged trees or vegetation, corrective action will be taken under normal maintenance activities. Formal inspection will be completed on 20% of all registered trees very year. Park & Garden staff shall develop a tree inventory in the follow areas of higher usage, Staff to record the high risk trees to the risk matrix

1. Crookwell Level 1 Footpaths 2. Crookwell Memorial Park & oval 3. Taralga Level 1 Footpaths 4. Taralga Goodhew Park 5. Gunning Level 1 Footpaths 6. Gunning Barbour Park 7. Collector Streets 8. Collector oval 9. Crookwell Lin Cooper ovals

One off events where a formal tree inspection record shall be completed:

Utility Service Authority reports a concern with a tree or tree roots Completion of remedial work is sign off. Natural events that has caused tree damage to a group or individual tree e.g.

by Flooding, High winds Hail or lighting storms. Community reports of tree damage via the Customer Request Management

(CRM) database


Item: 10.14


12. Risk Matrix for trees Parks & Garden staff shall use the Risk Matrix to selected trees for inspection all high to very high trees in an inspection area shall be recorded either as an individual tree or a group of trees with the majority meeting the criteria Risk Rating Criteria Treatment Very High - Large trees (Diameter >500mm at

1000mm above ground level) - Heritage listed trees - Trees With 3m of infrastructure

above or below the ground - Trees that are species known to drop

limbs - Older tree in high usage areas

showing signs of stress - Life expectancy > 70 years

- Formal record, with photos - Inspect minimum 2 yearly - Report any change in

growth - Inspected after storms

High - Larger trees (Diameter 250-500mm at 1000mm above ground level)

- Trees With 5m of infrastructure above or below the ground

- Trees that are species known to drop limbs

- Life expectancy 40-70 years

- Formal record, with photos - Inspect minimum 2 yearly - Report any change in

growth

Medium - Trees (Diameter <250mm at 1000mm above ground level)

- Trees that are species not known to drop limbs

- Younger tree in high usage areas showing signs of stress

- Life expectancy 15-40 years

- Observations - Maintenance - Report any change in

growth

Low - Newly planted tree to preferred species list

- Trees that are species not known to drop limbs

- Younger tree in high usage areas showing no stress

- Life expectancy <15 years

- New plantings are recorded

- Monitor

13. Maintenance Good maintenance is the key to ensuring healthy trees and lowering risk exposure. Parks & Garden staff are to be professionally trained and follow Australian Standards and Best Practice Guidelines. Tree maintenance activities shall be schedule & budget for on a yearly program. Items include:

Pruning

Root Pruning

Watering

Replacement trees

Inspections & Record keeping


Item: 10.14


13.1. New tree selection and placement The long term success of urban tree planting requires a detailed analysis of site conditions and design constraints. An extensive knowledge of the inherent characteristics of a wide range of species is required. Time spent at the planning stage, giving due consideration to solving potential conflicts and problems, will result in long term benefits. Items for consideration and review by council are:

Placement of New Trees: Recommended Distances from Infrastructure

Site Assessment for Proposed New Trees: Constraint/Risk Zones

Council’s Preferred Species List for New Trees

Risk Management Options for New Trees

Process for Selection of New Trees

Consideration of tree root growth inclusion in surrounding infrastructure

13.2. Removal of Trees Upper Lachlan Shire Council exercise a conservative approach towards the removal of live trees on public land. Removal is subject to assessment by the Parks & Garden department and approval by Director of Works & Operation of ULSC.

Circumstances tree may be removed:

Dead or irreversible decline Traffic hazard Interference with infrastructure above or below ground To gain access to repair infrastructure Unsuitable species for location Thinning of dense planting to improve health of remaining trees

Street trees will not be removed for following reasons:

Householder preference of tree or no tree Appearance (unless tree health is cause) Leaf or twig litter Root protruding into private property, competing with lawns Safety where no hazard is identified Repair to sewerage lines unless removal is required to gain access

13.3. Customer service requests relating to trees

Service requests received from members of the public sometimes relate to trees. Details will be recorded in the (CRM) Customer Request Management system, and the requests will be investigated by appropriate Council staff, depending on the nature of the request. Following inspection, a timely response will be provided to the customer to inform them of the results of the inspection and of any actions completed, proposed by Council, or requested of the customer. Details will be recorded on the CRM database as per user manual. The investigating Council office will complete a tree inspection form and add information to tree register.


Item: 10.14


14. Blockage of Sewerage Lines by Tree Roots Where a street tree is suspected of causing a blockage to a house drainage line the process to be followed is;

The householder should request an inspection by Council’s Water and Sewerage Officer or Duty Officer (by calling in a CRM)

If the blockage appears to be between the boundary riser and the main line then the Council will affect the necessary repairs immediately at no cost to the householder

If the blockage appears to be between the boundary riser and the residence and clear of the street tree the Council Officer will determine if Council staff should clear the blockage to minimise the risk to public health. The householder will be required to meet the costs incurred by Council.

Any claims by the householder for reimbursement of costs shall be assessed on the basis that it is the owner’s responsibility to maintain pipes/mains in good order.

15. Removal & Disposal of Timber

Council receives many public enquires about the availability of timber. In all cases, the timber is not available to the public due to the excess administrative costs incurred in ensuring equity of the opportunity.

Request for removal of dead wood from any Council Street, park, reserve or crown reserve of which Council is trustee shall be refused.

Trees are removed by contractor; the timber becomes the property of the contractor.

Any suitable burning timber may be requested by charities in writing and will be considered on their merits.

Green timber is to be generally mulched and retained for landscaping use by Council. Mulch will be made available from Crookwell waste centre were stocks are surplus to requirements.

Under no circumstances are Council Staff to remove firewood for personal use. Treatment of stump where possible, shall be ground to out after the tree is removed. If grinding is not possible where stumps are prone to propagating, such as Eucalypts are poisoned using the safest effective non residual herbicide available. 16. RELEVANT LEGISLATION AND COUNCIL POLICIES


Item: 10.14



Asset Management Policy Records Management Policy Risk Management Policy Financial Management Policy Complaints Policy and Procedure WHS Policy Gathering Information Policy Road Management Policy Civil Liability Act 2002 Local Government Act 1993 Work Health and Safety Act 2011 Environment Planning & Assessment Act 1997 Tree (Disputes between Neighbours) Act 2006 NSW Threatened Species Conservation Act, 1995 NSW Native Vegetation Act, 2003 NSW Fisheries Management Act, 1994 NSW Protection of the Environment Operations Act, 1997 Commonwealth Environment Protection and Biodiversity Conservation Act, 1999 17. Variation to Policy The Council reserves the right to vary the terms and conditions of this policy


11

11 FINANCE AND ADMINISTRATION FINANCE AND ADMINISTRATION


11.1 Investments to 28 February 2014 336

11.2 Bank Balance and Reconciliation to 28 February 2014 339

11.3 Rates and Charges Outstanding as at 28 February 2014 341

11.4 Public Interest Disclosures and Internal Reporting Policy 345

Finance and Administration - 20 March 2014


Finance and Administration 11.1 Investments to 28 February 2014

ITEM 11.1 Investments to 28 February 2014


AUTHOR Manager of Finance and Administration

ISSUE

Council Investments Portfolio as at 28 February 2014.

Recom

mendation



BACKGROUND A summary of the investment portfolio register to 28 February 2014 for the information of Council. REPORT

Investment Institution Type

Investment Face Value

Interest Rate

Term Days

Maturity Date Interest Due

CBA Call $1,500,000 2.45% N/A 28-02-14 $1,678.08

Adelaide Bank TD $500,000 3.45% 119 05-03-14 $5,623.97

Adelaide Bank TD $700,000 3.50% 98 16-04-14 $6,578.08

Adelaide Bank TD $400,000 3.35% 140 11-06-14 $5,139.73

Adelaide Bank TD $800,000 3.82% 371 03-12-14 $31,062.36

Bank of Qld TD $700,000 3.63% 98 19-03-14 $6,822.41

Bank of Qld TD $900,000 4.10% 273 09-04-14 $27,599.18

Bank of Qld TD $500,000 3.75% 182 14-05-14 $9,349.32

Bank of Qld TD $400,000 4.00% 273 28-05-14 $11,967.12

Bank of Qld TD $500,000 3.80% 259 25-06-14 $13,482.19

Bank of Qld TD $1,000,000 3.75% 182 13-08-14 $18,698.63

Bankwest TD $400,000 3.55% 91 09-04-14 $3,540.27

Bankwest TD $500,000 3.40% 63 30-04-14 $2,934.25

Bankwest TD $400,000 3.40% 69 07-05-14 $2,570.96

Bankwest TD $400,000 3.50% 182 09-07-14 $6,980.82

Finance and Administration INVESTMENTS TO 28 FEBRUARY 2014 cont’d


IMB TD $400,000 3.50% 90 20-03-14 $3,452.05

IMB TD $400,000 3.50% 105 23-04-14 $4,027.40

IMB TD $700,000 3.50% 91 07-05-14 $6,108.22

IMB TD $400,000 3.50% 91 14-05-14 $3,490.41

IMB TD $500,000 3.50% 91 28-05-14 $4,363.01

IMB TD $500,000 3.40% 139 16-07-14 $6,473.97

NAB TD $500,000 3.73% 119 12-03-14 $6,080.41

NAB TD $500,000 3.70% 119 02-04-14 $6,031.51

NAB TD $500,000 3.71% 105 30-04-14 $5,336.30

NAB TD $500,000 3.67% 105 04-06-14 $5,278.77

NAB TD $600,000 3.67% 147 18-06-14 $8,868.33

NAB TD $600,000 3.79% 175 02-07-14 $10,902.74

NAB TD $700,000 3.93% 337 06-08-14 $25,399.64

NAB TD $500,000 3.90% 551 10-06-15 $29,436.99

St George TD $800,000 3.42% 182 26-03-14 $13,642.53

St George TD $400,000 3.31% 91 21-05-14 $3,300.93

St George TD $400,000 4.00% 364 25-06-14 $15,956.16

St George TD $500,000 3.95% 369 09-07-14 $19,966.44

St George TD $500,000 3.83% 371 17-09-14 $19,464.79

St George TD $500,000 3.61% 371 14-01-15 $18,346.71

$20,000,000 $369,954.68 COUNCIL INVESTMENT PERFORMANCE: - BUDGET COMPARISON TO 28 FEBRUARY 2014 Interest on Investments Received YTD $438,249 Annual budgeted amount for all funds $480,000 Percentage of Interest Received YTD 91.30% Percentage of Year Elapsed 66.58% BBSW COMPARISON TO 28 FEBRUARY 2014 Average market interest rate (90 day BBSW) 2.66% Average return on all investments 3.87% The above investments have been made in accordance with Section 625, of the Local Government Act 1993, the Local Government Regulations, the Ministerial Investment Order and the Council’s Investment Policy.

Finance and Administration INVESTMENTS TO 28 FEBRUARY 2014 cont’d


SUMMARY OF AVAILABLE CASH AT 28 FEBRUARY 2014 TOTAL INVESTMENTS: - $ 20,000,000.00 LESS RESTRICTED ASSETS: -

General Fund Reserves $ 13,019,595.29

Water Supply Fund Reserves $ 2,887,345.30

Sewer Fund Reserves $ 2,774,856.23

Domestic Waste Management Fund Reserves $ 1,306,106.67

Trust Fund Reserves $ 12,096.51

REPORT Nil POLICY IMPACT Nil OPTIONS Nil FINANCIAL IMPACT OF RECOMMENDATIONS Nil


ATTACHMENTS

Nil



11.2 Bank Balance and Reconciliation to 28 February 2014

ITEM 11.2 Bank Balance and Reconciliation to 28 February 2014


AUTHOR Director Finance and Administration

ISSUE

Statement of Bank Balance and Reconciliation to 28 February 2014.

Recom

mendation



BACKGROUND Nil REPORT STATEMENT OF BANK BALANCE & RECONCILIATION

General Ledger Balance brought forward 31 January 2014 (458,943.39)

Add: Receipts in February 2014 5,584,060.66 5,125,117.27

Deduct: Payments in February 2014 4,595,099.58 Balance as at 28 February 2014 530,017.69

Balance as per Bank Statement 28 February 2014 651,245.03 Add: Outstanding Deposits 64,583.91

715,828.94 Less: Unpresented Cheques / EFT Payments 185,811.25 Balance as at 28 February 2014 530,017.69 POLICY IMPACT Nil OPTIONS Nil FINANCIAL IMPACT OF RECOMMENDATIONS Nil

Finance and Administration BANK BALANCE AND RECONCILIATION TO 28 FEBRUARY 2014 cont’d



ATTACHMENTS

Nil



11.3 Rates and Charges Outstanding as at 28 February 2014

ITEM 11.3 Rates and Charges Outstanding as at 28 February 2014



ISSUE

Rates and Charges Outstanding Report 2013/2014.

Recom

mendation



BACKGROUND A summary report of the Rates and Charges outstanding as at 28 February 2014. REPORT There are attached reports titled “Rate Collection 2014 Year” and “Arrears of Rates by Category” for the 2013/2014 financial year. A comparison of the rates and charges outstanding percentage to previous financial years is highlighted in the below table:-

Description

28/02/2014

28/02/2013

28/02/2012

Total % Rates and Charges Outstanding

25.78% 24.99% 25.39%

Total $ Amount Rates and Charges Outstanding

$2,554,064 $2,356,220 $2,277,238

Total $ Amount of Rates and Charges Arrears

$ 34,183 $ 49,528 $ 47,821

REPORT Nil POLICY IMPACT Nil OPTIONS Nil

Finance and Administration RATES AND CHARGES OUTSTANDING AS AT 28 FEBRUARY 2014 cont’d


FINANCIAL IMPACT OF RECOMMENDATIONS Nil


ATTACHMENTS

1. Rate Collection by Year - March 2014 Attachment2. Arrears of Rates - March 2014 Attachment

Item: 11.3 Attachment 1.: Rate Collection by Year - March 2014


Item: 11.3 Attachment 2.: Arrears of Rates - March 2014




11.4 Public Interest Disclosures and Internal Reporting Policy

ITEM 11.4 Public Interest Disclosures and Internal Reporting Policy



ISSUE

Providing details regarding a review of the Public Interest Disclosures and Internal Reporting Policy.

Recom

mendation


1. Council adopt the reviewed Public Interest Disclosures and Internal Reporting Policy.

BACKGROUND Nil REPORT See attached policy. POLICY IMPACT Providing details regarding a review of the Public Interest Disclosures and Internal Reporting Policy. OPTIONS Nil FINANCIAL IMPACT OF RECOMMENDATIONS Nil

RECOMMENDATION That - 1. Council adopt the reviewed Public Interest Disclosures and Internal Reporting

Policy. ATTACHMENTS

ATTACHMENTS

1. Public Interest Disclosures Policy - review 2014 Attachment

Item: 11.4

Attachment 1.: Public Interest Disclosures Policy - review 2014


POLICY:- Policy Title:

Public Interest Disclosures – Internal Reporting Policy

File reference:

F13/618-04


24 March 2005

Resolution Number:

85/05

Other Review Dates:

23 August 2007, 28 August 2008, 20 August 2009, 19 August 2010, 17 November 2011

Resolution Number:

257/07, 258/08, 333/09, 311/10, 444/11


20 March 2014

Resolution Number:

XX/14


2016


Date procedure/guideline was developed:


RESPONSIBILITY:-


General Manager

Committee/s (if any) consulted in the development of this Policy:


Director of Finance and Administration


Director of Finance and Administration

Item: 11.4



OBJECTIVES: To establish an internal reporting system for the reporting of disclosures of alleged corrupt conduct, maladministration or serious and substantial waste of public money by Councillors and/or staff of Upper Lachlan Shire Council. Upper Lachlan Shire Council aim to maintain an effective organisation that is free from corruption, maladministration and waste. This policy is designed to complement normal communication channels between supervisors and staff. Staff are encouraged to continue to raise appropriate matters at any time with their supervisors, but as an alternative have the option of making a public interest disclosure in accordance with this policy. The objective of this policy is to verify:- Those circumstances in which people making disclosures are entitled

to the protection of the provisions of the Public Interest Disclosures Act 1994;

The procedure for making such disclosures; and Reiterate Council's commitment to eliminating corrupt conduct,

maladministration, and the serious and substantial waste of public money.

POLICY:

1. Support for persons who make disclosures The Upper Lachlan Shire Council do not tolerate corrupt conduct, maladministration or serious and substantial waste of public money. The Upper Lachlan Shire Council is committed to the aims and objectives of the Public Interest Disclosures Act 1994. It recognises the value and importance of staff contributions to enhance administrative and management practices and strongly supports disclosures being made by staff or Councillors which disclose corrupt conduct, maladministration, or serious and substantial waste of public money. The Upper Lachlan Shire Council will take all reasonable steps to provide protection to staff that makes such disclosures from any detrimental action in reprisal for the making of the disclosure. 2. Purpose of the policy To be protected by the Act, a disclosure must be made by a member of staff or Councillor to:- An investigating authority; The Mayor; or The General Manager; or Another nominated officer of Upper Lachlan Shire Council in accordance with the Internal Reporting System established under this Policy

Item: 11.4



for the purposes of the Public Interest Disclosures Act; which includes:- 1. The nominated Disclosures Coordinator - the Director of Finance and Administration; and/or 2. The nominated Disclosures Officer - the Manager of Finance and Administration. This Policy establishes an internal reporting system for the reporting of disclosures of corrupt conduct, maladministration or serious and substantial waste of public money by Upper Lachlan Shire Council, its staff and Councillors. The relevant Council Officer will acknowledge receipt of each disclosure, and send a copy of Council’s Public Interest Disclosures - Internal Reporting Policy, to each person who makes a public interest disclosure within 45 days of the person making the disclosure. 3. Object of the Act The Public Interest Disclosures Act commenced operation on 1 March 1995 and is commonly known as the “Whistleblowers Act”. The purpose of the Act is to ensure that public officials who wish to make disclosures under the legislation receive protection from reprisals, and that the matters raised in the disclosures are properly investigated. The Act aims to encourage and facilitate the disclosure - in the public interest - of corrupt conduct, maladministration and serious and substantial waste in the public sector. This is achieved by:- Enhancing and augmenting established procedures for making disclosures concerning such matters; Protecting persons from reprisals that might otherwise be inflicted on them because of these disclosures; and Providing for those disclosures to be properly investigated and dealt with. 4. Definitions Three key concepts in the internal reporting system are `corrupt conduct´, `maladministration´ and `serious and substantial waste of public money´. Definitions of these concepts are outlined below:- 4.1 Corrupt conduct `Corrupt conduct´ is defined in the Independent Commission Against Corruption Act 1988 (Section 8 and 9). The definition used in the Act is intentionally quite broad - corrupt conduct is defined to include the dishonest or partial exercise of official functions by a public official. Conduct of a person who is not a public official, when it adversely affects the impartial or honest exercise of official functions by a public official, also comes within the definition.

Item: 11.4



Corrupt conduct can take many forms, i.e. taking or offering bribes, public officials dishonestly using influence, blackmail, fraud, election bribery and illegal gambling are some examples. 4.2 Maladministration `Maladministration´ is defined in the Public Interest Disclosures Act 1994 as conduct that involves action or inaction of a serious nature that is:- Contrary to law; or Unreasonable, unjust, oppressive or improperly discriminatory; or Based wholly or partly in improper motives (Section 11). The conduct covered by these terms includes:- Contrary to law, including:- A decision or action contrary to law; A decision or action ultra vires (i.e. the decision-maker had no power to

make the decision or to do the act); A decision or action contrary to lawful and reasonable orders from

people or agencies with authority to make or give such orders; A breach of natural justice or procedural fairness; Improperly exercising a delegated power (e.g. a decision or action not

authorised by a delegation or acting under the direction of another); Unauthorised disclosure of confidential information; or A decision or action induced or affected by fraud. Unreasonable, including:- A decision or action inconsistent with adopted guidelines or policies or

with a decision or action which involves similar facts or circumstances not justified by any evidence, or so unreasonable that no reasonable person could so decide or act (e.g. irrational);

An arbitrary, partial, unfair or inequitable decision or action; A policy that is applied inflexibly and without regard to the merits of an

individual case; A decision or action that does not take into account all relevant

considerations or that takes into account irrelevant considerations; Serious delays in making a decision or taking action; Failing to give notice of rights; Giving wrong, inaccurate or misleading advice leading to detriment; Failing to apply the law; Failing to rectify identified mistakes, errors, oversights or improprieties; A decision or action based on incorrect or misinterpreted information; or Failing to properly investigate. Unjust, including:- A decision or action not justified by any evidence or that is

unreasonable; or A partial, unfair, inequitable or unconscionable decision or action.

Item: 11.4



Oppressive, including:- An unconscionable decision or action; Where the means used are not reasonably proportional to the ends to

be achieved; or An abuse of power, intimidation or harassment. Improperly discriminatory, including:- The inconsistent application of a law, policy or practices when there is

no reasonable, justifiable or appropriate reason to do so; or Applying a distinction not authorised by law, or failing to make a

distinction which is authorised or required by law. Based wholly or partly on improper motives, including:- A decision or action for a purpose other than that for which a power

was conferred (i.e. in order to achieve a particular outcome); A conflict of interest; Bad faith or dishonesty; Seeking or accepting gifts or benefits in connection with performance of

official duties; or Misusing public property, official services or facilities. 4.3 Serious and substantial waste The term `serious and substantial waste´ is not defined in the Public Interest Disclosures Act. The Auditor-General provides the following working definition:- Serious and substantial waste refers to the uneconomical, inefficient or ineffective use of resources, authorised or unauthorised, which results in a loss/wastage of public funds/resources. In addressing any complaint of serious and substantial waste regard will be had, to the nature and materiality of the waste. The following delineation of the definition of serious and substantial waste may be of assistance to public officials and/or public authorities: Absolute Serious and substantial waste might be regarded in absolute terms where the waste is regarded as significant, for example $500,000. Systemic The waste indicates a pattern which results from a system weakness within public authorities. Material The serious and substantial waste is/was material in terms of the public authority’s expenditure or a particular item of expenditure or is/was material to such an extent so as to affect a public authority’s capacity to perform its primary functions.

Item: 11.4



Material By Nature Not Amount The serious and substantial waste may not be material in financial terms but may be significant by nature. That is it may be improper or inappropriate. [alternatively, this type of waste may constitute `maladministration´ as defined in the Public Interest Disclosures Act 1994]. Note: It is possible that in assessing the seriousness of waste or administrative conduct for the purposes of whether either is covered by the Act, differences in the size, budgets, responsibilities of agencies may be taken into account (what is serious for a small agency may not be so serious for a large agency). Waste can take many forms, for example:- Misappropriation or misuse of public property; The purchase of unnecessary or inadequate goods and services; Too many personnel being employed in a particular area, incurring

costs which might otherwise have been avoided; Personnel being remunerated for skills that they do not have, but are

required to have under the terms or conditions of their employment; and

Programs not achieving their objectives and therefore the costs being clearly ineffective and inefficient.

Waste can result from such things as:- The absence of appropriate safeguards to prevent the theft or misuse

of public property; Purchasing procedures and practices which fail to ensure that goods

and services are necessary and adequate for their intended purpose; and

Purchasing practices where the lowest price is not obtained for comparable goods or services without adequate and appropriate justification.

5. What disclosures are protected under the Act 5.1 What disclosures are protected? Disclosures are protected under the Act if they:- Are made:- In accordance with this Public Interest Disclosures - Internal Reporting

Policy; or To the General Manager; or To one of the investigating authorities nominated in the Act; and Show or tend to show corrupt conduct, maladministration, or serious

and substantial waste of public money by the Upper Lachlan Shire Council or any of its staff; and

Are made voluntarily. The relevant investigating authorities nominated in the Act are:- Ombudsman, for maladministration, Independent Commission Against Corruption (ICAC), for matters

involving corrupt conduct,

Item: 11.4



Chief Executive of the Division of Local Government (DLG), for matters involving serious and substantial waste of local government money (including all revenue, loans and other money collected, received or held by, for or on account of, a Council or County Council). In addition to public interest disclosures about serious and substantial waste of local government money, the General Manager will be able to receive disclosures about corrupt conduct, maladministration, breaches of pecuniary interest obligations under the Local Government Act 1993; and a failure to exercise functions properly in accordance with the Government Information (Public Access) Act 2009 by Councils.

5.2 What disclosures are not protected? A disclosure is not protected under the Act if it is made by a public official in the exercise of a duty imposed by or under an Act. Protection is also not available for disclosures which:- Are made frivolously or vexatiously; Primarily question the merits of government policy; or Are made solely or substantially with the motive of avoiding dismissal

or other disciplinary action. It is an offence to wilfully make a false or misleading statement when making a disclosure. 6. Reporting under the internal reporting system The persons or positions to which public interest disclosures can be made in accordance with this policy are:- The Disclosure Coordinator who is the Director of Finance &

Administration, located at Council's Administrative Building, 44 Spring St, Crookwell NSW 2583. (Ph 02 4830 1008);

The Nominated Disclosure Officer who is the Manager of Finance and Administration, located at Council's Administrative Building, 44 Spring St, Crookwell NSW 2583. (Ph 02 4830 1029);

The General Manager, located at Council's Administrative Building, 44 Spring St, Crookwell NSW 2583. (Ph 02 4830 1010); or

The Mayor (if the disclosure concerns or involves the General Manager or a Councillor), located at Council's Administrative Building, 44 Spring St, Crookwell NSW 2583. (Ph 02 4830 1007).

Council will send an acknowledgment of receipt of a disclosure and a copy of the Public Interest Disclosure Policy to each person who makes a public interest disclosure within 30 days of the person making the disclosure. Where persons contemplating making a disclosure are concerned about publicly approaching the Disclosure Coordinator, Disclosure Officer or Mayor (or the General Manager), they can ring and request a meeting in a discreet location away from the workplace. Notes: A Council Officer who wishes to make a public interest disclosure which

involves a Councillor may do so to the Mayor, the General Manager, or

Item: 11.4



an investigating authority (i.e. the ICAC, NSW Ombudsman). A Councillor who wishes to make a public interest disclosure which

involves another Councillor may do so to the Mayor, the General Manager, or an investigating authority (i.e. the ICAC, NSW Ombudsman).

If the Mayor wishes to make a public interest disclosure he or she may do so to the General Manager or an investigating authority (i.e. the ICAC or NSW Ombudsman).

Council officials can disclose a wide range of wrongdoing directly to the Chief Executive, Division of Local Government and receive the protections of the Act. In addition to public interest disclosures about serious and substantial waste of local government money, the Chief Executive will be able to receive disclosures about corrupt conduct, maladministration, breaches of pecuniary interest obligations under the Local Government Act 1993 and a failure to exercise functions properly in accordance with the Government Information (Public Access) Act 2009 by Councils.

All Public Interest Disclosures Applications are to be recorded on Form B (Copy attached to this Policy).

7. Roles and Responsibilities This Public Interest Disclosures - Internal Reporting Policy places responsibilities upon people at all levels within the Upper Lachlan Shire Council. 7.1 Employees Employees are encouraged to report known or suspected incidences of corrupt conduct, maladministration or serious and substantial waste in accordance with this Policy. All employees of Upper Lachlan Shire Council have an important role to play in supporting those who have made legitimate disclosures. They must abstain from any activity that is or could be perceived to be victimisation or harassment of persons who make disclosures. Further, they should protect/maintain the confidentiality of persons they know or suspect to have made disclosures. 7.2 Nominated Disclosure Officers Nominated Disclosure Officers are responsible for receiving, forwarding and or acting upon disclosures in accordance with the Policy. Nominated Disclosure Officers will:- Clearly explain to persons making disclosures what will happen in

relation to the information received; When requested, make arrangements to ensure that disclosures can

be made privately and discreetly (if necessary away from the workplace);

Reduce to writing and date any disclosures received orally (and have the person making the disclosure sign the document);

Item: 11.4



Deal with disclosures impartially; Forward disclosures to the Disclosure Coordinator for assessment; Take all necessary and reasonable steps to ensure that the identity of

persons who make disclosures, and the person the subject of disclosures, are kept confidential; and

Support persons who make disclosures and protect them from victimisation, harassment or any other form of reprisal.

7.3 Disclosure Coordinator The Disclosure Coordinator has a pivotal position in the internal reporting system and acts as a clearing house for disclosures. The Disclosure Coordinator will:- Provide an alternative internal reporting channel to Nominated

Disclosure Officers and to the General Manager; Impartially assess each disclosure to determine:- Whether the disclosure appears to be a public interest disclosure within

the meaning of the Act; Whether the disclosure covers another agency and should therefore be

referred to the principal officer of that agency; and The appropriate action to be taken in relation to the disclosure, for

example:- No action/decline; The appropriate person to take responsibility for dealing with the

disclosure; Preliminary or informal investigation; Formal investigation; Prosecution or disciplinary action; Referral to an investigating authority for investigation or other

appropriate action; or Referral to the NSW Police (if a criminal matter) or the ICAC (if the

matter concerns corrupt conduct). Consult with the General Manager; Be responsible for carrying out or coordinating any internal

investigation arising out of a disclosure, subject to the direction of the General Manager in carrying out his/her functions;

Report to the General Manager on the findings of any investigation and recommended remedial action;

Take all necessary and reasonable steps to ensure that the identity of persons who make disclosures, and persons the subject of the disclosures, are kept confidential;

Support persons who make disclosures and actively protect them from victimisation, harassment or any other form of reprisal; and

Report actual or suspected corrupt conduct to the General Manager in a timely manner to enable that officer to comply with the ICAC Act.

7.4 General Manager Disclosures may be made direct to the General Manager, rather than by way of the Internal Reporting System established under this Policy. The General Manager will:-

Item: 11.4



Impartially assess each disclosure to determine:- Whether the disclosure appears to be a public interest disclosure within

the meaning of the Act; Whether the disclosure covers another agency and should therefore be

referred to the principal officer of that agency; and The appropriate action to be taken in relation to the disclosure, for

example:- no action/decline; the appropriate person to take responsibility for dealing with the

disclosure; preliminary or informal investigation; formal investigation; prosecution or disciplinary action; referral to an investigating authority for investigation or other

appropriate action; or referral to the police (if a criminal matter) or the ICAC (if the matter

concerns corrupt conduct). Receive reports from the Disclosure Coordinator on the findings of any

investigation and any recommendations for remedial action, and determine what action should be taken;

Take all necessary and reasonable steps to ensure that the identity of persons who make disclosures, and the person the subject of disclosures, are kept confidential;

Have primary responsibility for protecting staff who make disclosures, or provide information to any internal or external investigation of a disclosure, from victimisation, harassment or any other form of reprisal;

Be responsible for implementing organisational reform identified as necessary following investigation of a disclosure; and

Report criminal offences to the Police and actual or suspected corrupt conduct to ICAC (under Section 11, of the ICAC Act).

7.5 The Mayor The Mayor may receive internal disclosures from any member of staff of the council or any Councillor concerning the General Manager or a Councillor. The Mayor will:- Impartially assess each disclosure made to him/her about the General

Manager or a Councillor to determine:- Whether the disclosure appears to be a public interest disclosure within

the meaning of the Act; Note: In making this assessment the Mayor may seek guidance from: the Disclosure Coordinator or General Manager (if appropriate); an investigating authority (i.e. ICAC, or NSW Ombudsman); or the Division of Local Government. The appropriate course of action to be taken in relation to the

disclosure (in consultation with the General Manager, if appropriate), for example:-

No action/decline; The appropriate person to take responsibility for dealing with the

Item: 11.4



disclosure; Preliminary or informal investigation; Formal investigation; Prosecution or disciplinary action; Referral to an investigating authority for investigation or other

appropriate action; or Referral to the NSW Police (if a criminal matter) or the ICAC (if the

matter concerns corrupt conduct). Refer disclosures to the General Manager for appropriate action if they

concern the Council’s administration, within the day to day responsibilities of the General Manager;

Protect/maintain the confidentiality of:- The identity of persons who make disclosures (unless any of the criteria

in Section 22, of the Act apply); and The identity of persons the subject of the disclosures (unless disclosure

is required to enable the allegations to be investigated or otherwise appropriately dealt with).

8. Alternative Avenues for Disclosures Alternative avenues available to staff for making a public interest disclosure under the Act (other than by means of the internal reporting system established under this Policy for the purpose of the Act), are as follows:- To the General Manager; or To one of the investigating authorities under the Act (i.e. ICAC, NSW

Ombudsman, Auditor General, Police Integrity Commission (PIC), or Inspector of the PIC).

To a journalist or a Member of Parliament [where certain important pre-conditions apply].

Disclosures made to a journalist or a Member of Parliament will only be protected if certain conditions are met:- The person making the disclosure to a journalist or Member of

Parliament must have already made substantially the same disclosure through the internal reporting system or to the General Manager or an investigating authority in accordance with the Act;

The public official must have reasonable grounds for believing that the disclosure is substantially true and the disclosure must be substantially true; and

The investigating authority, public authority or officer to whom the matter was originally referred has:-

Decided not to investigate the matter; or Decided to investigate the matter but not completed the investigation

within six months of the original disclosure; or Investigated the matter but not recommended any action in respect of

the matter; or Failed to notify the person making the disclosure, within six months of

the disclosure, of whether the matter is to be investigated.

Item: 11.4



9. Rights of persons the subject of disclosures The rights of persons the subject of disclosures will also be protected. In this regard:- The confidentiality of the identity of persons the subject of disclosures

will be protected/maintained (where this is possible and reasonable); Disclosures will be assessed and acted on impartially, fairly and

reasonably; Responsible officers who receive disclosures in accordance with this

Policy are obliged to:- Protect/maintain the confidentiality of the identity of persons the subject

of the disclosures; Assess disclosures impartially; and Act fairly to persons the subject of disclosures. Disclosures will be investigated as discreetly as possible, with a strong

emphasis on maintaining confidentiality both as to the identity of whistleblowers and the person’s the subject of disclosures.

Where investigations or other enquiry’s do not substantiate disclosures, the fact the investigation/enquiry has been carried out, the results of the investigation/enquiry, and the identity of persons the subject of the disclosures will be kept confidential, unless the person’s the subject of the disclosures request otherwise;

The person’s the subject of disclosures (whether public interest disclosures under the Act or otherwise) which are investigated by or on behalf of an authority, have the right to:-

Be informed as to the substance of the allegations; Be informed as to the substance of any adverse comment that may be

included in a report/memorandum/letter or the like arising out of any such investigation; and

Be given a reasonable opportunity to put their case (either orally or in writing) to the persons carrying out the investigation for or on behalf of the authority, before any final decision/determination/report/memorandum/letter or the like is made.

Where the allegations in a disclosure have been investigated by or on behalf of an authority, and the person the subject of the allegations is aware of the substance of the allegations, the substance of any adverse comment, or the fact of the investigation, he or she should be formally advised as to the outcome of the investigation, regardless of the outcome; and

Where the allegations contained in a disclosure are clearly wrong or unsubstantiated, the person the subject of the disclosure is entitled to the support of the authority and its senior management (the nature of the support that would be reasonable and appropriate would depend on the circumstances of the case, but could include a public statement of support or a letter setting out the authority’s views that the allegations were either clearly wrong or unsubstantiated).

10. Protection Available Under the Act 10.1 Protection against reprisals

Item: 11.4



The Act provides protection by imposing penalties on a person who takes `detrimental action´ against another person substantially in reprisal for a public interest disclosure. Penalties can be imposed by means of fines and imprisonment. `Detrimental action´ means action causing, comprising or involving any of the following:- Injury, damage or loss; Intimidation or harassment; Discrimination, disadvantage or adverse treatment in relation to

employment; Dismissal from, or prejudice in, employment; or Disciplinary proceeding. In any such proceedings the whistleblower only needs to show that he or she made a public interest disclosure and suffered detrimental action. It then lies on the defendant to prove that the detrimental action shown to have been taken against the whistleblower was not substantially in reprisal for the person making the public interest disclosure. Any member of staff who believes that `detrimental action´ is being taken against them substantially in reprisal for the making of an internal disclosure in accordance with this Policy should immediately bring the allegations to the attention of the General Manager or Mayor. If a member of staff who made an internal disclosure feels that such reprisals are not being effectively dealt with, they should contact the ICAC or the NSW Ombudsman. If an external disclosure was made to an investigating authority, that body will either deal with the allegation or provide advice and guidance to the person concerned. 10.2 Protection against actions The Act provides that a person is not subject to any liability for making a public interest disclosure and no action, claim or demand may be taken or made of or against the person for making the disclosure. This provision has effect despite any duty of secrecy or confidentiality or any other restriction on disclosure by a public official. A person who has made a public interest disclosure has a defence of absolute privilege in proceedings for defamation. A person who has made a public interest disclosure is taken not to have committed any offence against an Act which imposes a duty to maintain confidentiality with respect to any information disclosed. 10.3 Confidentiality The Act requires investigating authorities, public authorities and public officials to whom public interest disclosures are made or referred, not to disclose information that might identify or tend to identify the person who made the disclosures. The exceptions to the confidential requirement are where:-

Item: 11.4



The person consents in writing to the disclosure of that information; or It is essential, having regard to the principles of natural justice that the

identifying information be disclosed to a person whom the information provided by the disclosure may concern; or

The investigating authority, public authority, officer or public official is of the opinion that disclosure of the identifying information is necessary to investigate the matter effectively; or

Disclosure is otherwise in the public interest. Decisions about natural justice, effective investigation and public interest will be made by the Disclosure Coordinator. In all cases the person who made the disclosure will be consulted before such a decision is made. Note: If guidance is needed in relation to the requirements of natural justice, effective investigation and public interest, this may be sought from an investigating authority. 10.4 Government Information (Public Information) Act 2009 exemption Under the Government Information (Public Information) Act 2009, a document is exempt from release if it contains matter the disclosure of which would disclose matters relating to a public interest disclosure within the meaning of the Act. 11. Notification of action taken or proposed A person who makes a public interest disclosure must be notified, within six months of the disclosure being made, of the action taken or proposed to be taken in respect of the disclosure. If a disclosure is made in accordance with this Policy, the Disclosure Coordinator is responsible for the six-month notification to the person who made the disclosure, unless this responsibility has been retained by or allocated to another officer by the General Manager. If a disclosure is made to the Mayor under this Policy, the Mayor is responsible for such notification to the person who made the disclosure, unless he or she directs the General Manager, Disclosure Coordinator or another nominated officer to assume this responsibility. The notification provided to the person who made the disclosure should contain sufficient information to demonstrate that adequate and appropriate action was taken, or is proposed to be taken, in respect of the disclosure. This should include a statement of the reasons for the decision made on or action taken in response to the disclosure. The notification should include sufficient information to enable the person who made the disclosure to make an assessment as to whether the circumstances listed in Section 19(3)(a)– (c), of the Act (relating to disclosures to members of Parliament and journalists) apply, i.e. whether:- A decision was made not to investigate the matter; or A decision was made to investigate the matter, but the investigation

Item: 11.4



was not completed within six months of the original decision being made; or

A decision was made to investigate the matter, but the investigation has not been completed within six months of the original decision being made; or

The matter was investigated but no recommendation was made for the taking of any action in respect of the matter.

Without such information it would be difficult for the person to be able to properly assess whether it is appropriate or warranted to make a disclosure to a Member of Parliament (MP) or journalist. 12. Breaches A breach of this Policy or Procedures will result in the commencement of disciplinary process under the Council’s Disciplinary Policy and the Council’s Code of Conduct. Criminal action may be taken against any person found to be in breach of the Act. 13. Reporting Requirements In accordance with the Public Interest Disclosures Act 1994, all NSW Councils are required to report to the NSW Ombudsman. Council will report every six months to the NSW Ombudsman and provide an Annual Report. The reporting will detail the number of public interest disclosures received by Council during the reporting period, also the report will detail the type of public interest disclosures received; i.e. corrupt conduct, maladministration etc. The Disclosures Coordinator will be responsible for completing the Annual Report. 14. Related Legislation and Council Policies Public Interest Disclosures Act 1994; NSW Ombudsman Public Interest Disclosures Guidelines (April 2009); Independent Commission Against Corruption Act 1988 (ICAC Act

1988); Government Information (Public Access) Act 2009; Local Government Act 1993; Local Government (General) Regulations 2005; Work Health and Safety Act 2011 and Regulations; Anti Discrimination Act 1977; Fair Work Act 2009; Privacy and Personal Information Protection Act 1998; NSW State Records Act 1998; Equal Employment Opportunity Act 1987; Upper Lachlan Shire Council Disciplinary Policy; Upper Lachlan Shire Council Code of Conduct; Upper Lachlan Shire Council Complaints Management Policy; Upper Lachlan Shire Council Grievance Policy; Upper Lachlan Shire Council Code of Business Practice; and Office of the Internal Ombudsman – Guidelines.

Item: 11.4



15. Variation Council reserves the right to vary or revoke this policy.

Item: 11.4



DISCLOSURE FLOWCHART

Item: 11.4



Upper Lachlan Shire Council

PUBLIC INTEREST DISCLOSURES APPLICATION

FORM B

Date Received: _________________ Name of Employee/Councillor: ___________________________________________ Details of Disclosure:____________________________________________________

Signature of Applicant: ____________________________ Signature of Receiver: ____________________________ Action Taken: (including discussions/referral of matter) ____________________________________

Result of Action: (including advice of action to Applicant) ____________________________________ Notice/Knowledge of any Remedial Action: _________________________________ Signature of General Manager/Director of Finance and Administration/Manager of Finance and Administration: _______________________________________ Date ______________________


12

12 GENERAL MANAGER GENERAL MANAGER


12.1 Staffing Matters 366

12.2 Bribes Gifts and Benefits Policy Review 368

12.3 Councillor Training and Development Plan Policy Review 378

12.4 Delegations of Authority Policy and Procedure Review 384

12.5 Service Recognition Policy Review 387

12.6 Use of Council’s Logo and Seal Policy Review 391

12.7 Action Summary - Council decisions 395

General Manager - 20 March 2014


General Manager 12.1 Staffing Matters

ITEM 12.1 Staffing Matters


AUTHOR General Manager

ISSUE

Providing details in relation to current staffing matters for Councillors' information.

Recom

mendation



BACKGROUND Providing details in relation to current staffing matters, including recent resignations and appointments, for Councillors' information. REPORT Council advertised externally for the vacant position of Maternity Relief Building Surveyor, to be based at Council’s Crookwell offices, on Monday, 6 January 2014 with applications closing on Friday, 24 January 2014. Council did not receive any applications and therefore will utilise a private certifier, when and as necessary over the 12 month period. Performance review forms and position descriptions have been forwarded to all staff members for the 2013/2014 performance reviews. POLICY IMPACT Nil OPTIONS Nil FINANCIAL IMPACT OF RECOMMENDATIONS Nil

RECOMMENDATION That - 1. Council receive and note the report as information.

General Manager STAFFING MATTERS cont’d


ATTACHMENTS

ATTACHMENTS

Nil



12.2 Bribes Gifts and Benefits Policy Review

ITEM 12.2 Bribes Gifts and Benefits Policy Review



ISSUE

Providing details regarding a review of the Bribes Gifts and Benefits Policy.

Recom

mendation


1. Council adopt the reviewed Bribes Gifts and Benefits Policy.

BACKGROUND Providing details regarding a review of the Bribes Gifts and Benefits Policy. REPORT POLICY:- Policy Title: Bribes Gifts and Benefits Policy File reference: F11/141 Date Policy was adopted by Council initially:

24 March 2005

Resolution Number: 86/05 Other Review Dates: 24 January 2008, 19 May, 2011 Resolution Number: 36/08, 180/11 Current Policy adopted by Council: 20 March 2014 Resolution Number: XXX/14 Next Policy Review Date: 2017 PROCEDURES/GUIDELINES:- Date procedure/guideline was developed;

24 March 2005


F11/141

RESPONSIBILITY:- Draft Policy Developed by: General Manager Committee/s (if any) consulted in the development of this policy:

Nil

Responsibility for implementation: General Manager Responsibility for review of Policy: General Manager

General Manager BRIBES GIFTS AND BENEFITS POLICY REVIEW cont’d


OBJECTIVES This policy has been produced to guide Councillors and staff who may be offered gifts, benefits or bribes in the course of their official duties. The acceptance of gifts and benefits is a problem for many public officials. Deciding where to draw the line between the proper and improper acceptance of gifts and benefits can be difficult. POLICY STATEMENT A Councillor, member of staff or delegate must:

(a) not seek or accept a bribe, or other improper inducement;

(b) not take advantage of his or her official position to improperly influence other councillors, members of staff or delegates in the performance of their public or professional duties for the purpose of securing a private benefit for himself or herself or for some other person;

(c) generally not by virtue of his or her official position accept or acquire a

personal profit or advantage of a pecuniary value; however they may:

(i) accept a nominal value (low value) gift or benefit.

(ii) accept a more than nominal value (high value) gift or benefit in special circumstances, eg. an item left to you in someone's will, with the approval of Council. You would need to contact your supervisor to arrange a formal report to Council.

BRIBES Bribes should never be accepted. A person offered a bribe should refuse it and report the incident as soon as possible to their supervisor. Council will take steps to report the matter to ICAC and the police immediately. GIFTS AND BENEFITS In a private context, gifts are usually unsolicited and meant to convey a feeling on behalf of the giver, such as gratitude. There is ordinarily no expectation of repayment. Gifts given in a private context are not the focus of this policy. Gifts are also offered to individuals in the course of business relationships. Such gifts are usually given for commercial purposes, for example, to create a feeling of obligation in the receiver. It is Council’s preferred position that: gifts and benefits not be offered to Councillors, staff and delegates; gifts and benefits are not to be solicited; gifts and benefits should be actively discouraged by Councillors, staff and

delegates;



people doing business with Council should understand that they do not need to give gifts or benefits to Councillors, staff and delegates to get high quality service.

Gifts and benefits fall into two categories, those that are more than nominal value and those of nominal value (see definitions below). Gifts below nominal value can be accepted without disclosing details to a supervisor, the General Manager or the Mayor (in the case of Councillors). For the purposes of this policy “nominal value” is described as goods and/or services which have nominal value (ie less than $50.00). On the rare occasion that gifts, other than those listed as having nominal value, are accepted, the details of the gift must be disclosed and recorded in the publicly available gifts and benefits register held by Council. These gifts become the property of Council. Councillors, staff and delegates who receive more than two nominal gifts from one source must disclose that fact in the gifts and benefits register. Some examples of gifts are:

Money; Alcohol; Clothes; Products; Tickets.

The term "benefit" refers to something which is believed to be of value to the receiver, such as a service. Some examples of benefits are:

Access to a private spectator box at a sporting venue; A new job or a promotion; Preferential treatment, such as queue jumping; Access to confidential information; Meals or hospitality of other than “nominal” value.

Nominal value For the purposes of this policy, Council considers the following items, and goods like them, to be of nominal value

Inexpensive pens and pencils Notepads Key rings Diaries Computer mouse pads

Some examples of gifts and benefits having nominal value are cheap marketing trinkets or corporate mementos.



More than nominal value For the purposes of this policy, Council considers the following items to have more than nominal value and therefore unacceptable.

Tickets to sporting events or other entertainment. Sports team sponsorship by a supplier. Goods and items donated to Council and employee functions. Discounted products for personal use. Use of facilities such as gyms and holiday homes. Free or discounted travel. Free “training excursions”. Alcohol. Clothes. Lucky door prizes.

BRIBES 1. Councillors, Staff and Delegates must not offer or seek a bribe. Receiving a bribe is an offence under both the common law and NSW legislation. The common law offence of bribery is defined as receiving or offering any undue reward by, or to, any person in public office in order to influence his or her behaviour in that office, and to incline that person to act contrary to the known rules of honesty and integrity. Section 249B (1) of the Crimes Act 1900 (NSW) creates an offence if any employee corruptly receives or solicits (or corruptly agrees to receive or solicit) from another person any benefit as an inducement to do, or not do, something in relation to their official duties. Similarly, it is an offence for an employee to corruptly receive or solicit (or corruptly agree to receive or solicit) any benefit that would in any way tend to influence that employee to show favour or disfavour to any person in relation to their official duties. Any employee who breaches Section 249B (1) of the Crimes Act 1900 (NSW) is liable to imprisonment for 7 years. Section 249J of the Crimes Act also provides that custom is not a defence to the receiving, soliciting, giving or offering of any benefit. This means that a person cannot rely on the fact that it is customary to offer and receive gifts and benefits in his or her trade, business, profession or calling, as a defence. Comment: Any Councillor, Staff or Delegate offered a bribe should immediately report to their supervisor, General manager or the Mayor (in the case of Councillors). Council will then refer the matter to the ICAC and the Police. GIFTS AND BENEFITS 2. Councillors, Staff and Delegates must not solicit gifts and benefits or, as a general rule, accept gifts or benefits of more than nominal value. Offers of money must never be accepted.



As a Councillor or Council staff member, at some stage in your career you may be offered a gift in the course of your work. The gift could be offered innocently in good faith or it could be an attempt to influence you. Establishing why you were offered such a gift can be difficult. The giver may have any number of motives, ranging over friendship, hospitality or gratitude, to bribery or extortion. In a business context, gifts are rarely offered to an individual for purely charitable or hospitable reasons. It may be the case if the gift or benefit is of little or no commercial value, such as a corporate memento or marketing trinket. However, in cases where the gift or benefit has more than a nominal value (maximum $50), it is possible that it was offered to create a sense of obligation and even an expectation that something will be given in return. "There's no such thing as a free lunch", as the saying goes. Feelings of obligation can arise with the acceptance of a free meal, tickets to a sporting event or discounts on commercial purchases. Once such a gift is accepted, a public official can be compromised. If the giver later requests favourable treatment, it can be difficult to refuse. The giver may even threaten to allege you solicited the gift in the first place. Individuals attempting to corrupt public officials often start with small inducements that appear to have no improper motive behind them. By inappropriately accepting a gift or benefit, you can also risk:

anxiety, shame and embarrassment both for you personally and your family; criminal prosecution; becoming the subject of an ICAC inquiry; loss of your job; loss of your superannuation; disciplinary action, such as demotion.

3. Councillors, Staff and Delegates must actively discourage the giving of gifts where it can be anticipated they will be offered. For example, unless it would create offence (such as in sister-city exchanges), a Council Officer who expects to be offered a gift for speaking at an engagement as a Council Officer should notify the hosts that the offer of a gift is not necessary. 4. Councillors, Staff and Delegates who are offered a gift or benefit, or who are given a gift or benefit against their will, are required to report the incident in writing to their supervisors (Councillors should report details to the Mayor). Comment: Refer to procedure set out in the guidelines. 5. Gifts of more than nominal value should be declared and noted on a publicly available gifts register against the name of the recipient. 6. If the Councillor’s, Staff or Delegate’s refusal is ignored, or for other reasons a gift of more than nominal value cannot reasonably be returned, the gift is to be regarded as the property of the Council.



Comment: Gifts or benefits should be handed to the General Manager. 7. Offers of nominal value can be accepted without disclosure. However, nominal gifts given frequently or more than two times or $50.00 in dollar value must be declared in the gifts register. Comment: Some gifts or benefits, of nominal value, can be accepted. Refer to items listed in guidelines. 8. In some instances, a gift or benefit may be accepted if it is received in the course of Councillors, Staff or Delegates duties and relates to the work of the Council, or has public benefit. All such items must become the property of the Council. Comment: An example of a gift or benefit relating to the work of the Council is a book on a relevant topic. Such gifts become the property of the Council. 9. In some cases, it is considered appropriate that the Mayor, or the Mayor’s nominee accept hospitality of a community group when representing the Council. Comment: Many community groups invite the Mayor and the Mayor’s partner to events held by the community organisation. Such events include annual changeover dinners and/or special events where the Mayor is called upon to act in an official capacity. It is considered that the Mayor is properly fulfilling a community expectation that the community’s elected leader should be in attendance at these functions. 10. In some cases, it may be appropriate to accept modest hospitality simultaneously available to colleagues or associates who share a common purpose or task. Comment: It is appropriate to accept tea, coffee and biscuits when same is offered as common courtesy and would be offered to most visitors. A modest lunch offered to a working group or committee falls under this category. 11. In some cases, it may be appropriate for Councillors, Staff and Delegates to accept special offers unconnected to their official duties. Comment: Acceptance of frequent flyer points by Councillors, Staff and Delegates awarded as a result of travel undertaken for private purposes at private expenses is acceptable. However, frequent flyer points, fly-buys etc awarded because of Council business and paid for by the Council is not acceptable. 12. Council will maintain a gifts and benefits register. Comment: Details are set out in the guidelines.



Guidelines The Following Steps Should Be Followed If You Are Offered a Bribe, Gift or Benefit.

1. Ensure that you are familiar with this policy and refer to the policy for guidance. Employees should not accept a gift or benefit that is intended to, or is likely to, cause them to act in a partial manner in the course of their duties. Councillors and staff members must not accept a bribe, or other improper inducement.

2. If you are put on the spot and are unfamiliar with this policy, you should reject

the offer if it is for something of more than nominal value (maximum $50). Use your own judgement to decide how to refuse. You could inform the person offering the gift or bribe that acceptance would be inappropriate. You may also choose to terminate the particular task you are undertaking. For example, the Roads and Traffic Authority instructs it’s driving examiners that they should terminate an examination if they are offered a bribe by a driver. If you feel uncomfortable with an out-and-out rejection, you could try and disengage from the conversation and use an excuse for not accepting the offer straight away. This type of strategy can be used if you fear a blunt rejection could place you at risk. Regardless of the type of strategy you adopt, the important point to remember is that you should not accept the offer.

3. Make notes immediately after the conversation has occurred. Try and frame

the notes in the first person using "I said" and "he said" of "she said" to ensure clarity.

4. Councillors should inform the Mayor and staff must inform their supervisor of

the offer, including all relevant details, as soon as possible. If your supervisor is involved in the offer, report the incident to an appropriate senior officer.

5. If the gift or benefit was of more than nominal value (maximum $50), provide

your supervisor with a note outlining the incident, for recording in the Gifts and Benefits Register. Include in the note:

date, time and place of the incident to whom the gift or benefit was offered who offered the gift or benefit and contact details (if known) the response to the offer any other relevant details of the offer your signature and the date.

Keep a copy of the note for your own records.

6. If you think you have been offered a bribe, your supervisor (or appropriate

senior officer) must inform senior management immediately. If your supervisor (or appropriate senior officer) does not do this, you should inform senior management yourself.



7. If you have been offered a bribe, the ICAC and the Police must be informed immediately. Under section 11 of the Crimes Act 1900 (NSW) the General Manager of the Council must inform the ICAC about any matter that he or she suspects on reasonable grounds concerns or may concern corrupt conduct. If you are unsure about whether the ICAC has been informed, you can report the matter yourself. Section 10 (1) of the ICAC Act permits the ICAC to receive complaints about corrupt conduct from any person. Your employer should also note that failing to inform the Police that a bribe has been offered may, of itself, amount to an offence in that a serious crime has been concealed.

8. Discuss with your supervisor (or appropriate senior officer) exactly how future

relations with the person who offered the gift or benefit should be conducted. Gifts Register Council will maintain a gifts and benefits register. The register will contain the following information.

The name of the recipient. The name of the person who offered the gift and their organisation. The decision taken in relation to the gift. The signature of the recipient’s supervisor, General Manager or the Mayor.

It will be used to record all gifts and benefits that are received that are above a nominal value. SPECIFIC ITEMS TO BE REFUSED: Hospitality Hospitality of other than nominal value should be REFUSED except where the hospitality is considered a necessary part of Council business. Persons offered hospitality can accept but Council will pay for any hospitality extended. A person, other than Department Directors and Councillors and Delegates, must gain approval from their Department Directors. Department Directors must gain approval from the General Manager. Councillors and Delegates should gain approval from the Mayor. Public Gifts or Benefits In some instances, a gift or benefit may be accepted if it is in the course of a public official's duties and relates to the work of Council or has a public benefit. All such items must become the property of Council. In some instances, it may be appropriate for Council to accept a raffle or lucky door prize. Again, it is important that the prize becomes the property of Council as opposed to an individual. In this way, the prize can benefit the public purse.



However, it is important that the prize is legitimately won. It is also important for Council to consider the nature of its relationship with the prize giver. If Council has business dealings with the prize giver, or Council has some type of discretionary power that could be exercised in the prize giver's favour, the prize should not be accepted. Council should always consider public perceptions before accepting any type of prize. It may also be appropriate for Council to keep a gift or benefit received through a purchase incentive scheme. For example, a company may offer a free car to all its clients after they have purchased a certain quantity of its product. The car should not result in a private benefit for anyone within the Council. An appropriate way for Council to achieve this, while still obtaining the benefit of the car, would be to obtain a refund, dispose of it at public auction or ensure that the car is only used for official purposes. It is also important that Council does not compromise its duty of impartiality in order to obtain bonuses. Bribes Additional guides:

ICAC Document - Gifts, Benefits or Just Plain Bribes? Upper Lachlan Shire Council - Code of Conduct

How to report /inform the Independent Commission Against Corruption (ICAC) ICAC may investigate allegations of Corrupt Conduct of Councils, Councillors and its Officers. ICAC may be contacted on (02) 8281 5999 or by writing to:-

ICAC GPO Box 500 Sydney NSW 2001

Related Policies and Relevant Legislation/Guidelines The following legislation and Council policies that are relevant to this Policy include:

Local Government Act 1993 Local Government (General Regulation) 2005 Government Information (Public Access) Act 2009 Privacy and Personal Information Protection Act 1998 State Records Act 1998 Environmental Planning and Assessment (EPA) Act 1979 Public Interest Disclosures Act 1994 Independent Commission Against Corruption Act 1998 A New Tax System (Goods and Services Tax) Act 1999 Crimes Act 1900 (NSW) Code of Conduct Code of Meeting Practice



Statement of Ethical Principles Harassment Policy Fraud and Corruption Prevention Policy Government Information (Public Access) Policy Corporate Credit Card Policy Purchasing and Acquisition of Goods and Services Policy Interaction between Councillors and Staff Policy Salary Sacrificing Policy Complaints Management Policy Public Interest Disclosures Policy Local Government State Award NSW Ombudsman - Good Conduct and Administrative Practice

(Guidelines for State and Local Government) June 2006 and ICAC publication “No Excuse for Misuse, preventing the misuse of

council resources”. VARIATION Council reserves the right to vary or revoke this policy. POLICY IMPACT Nil OPTIONS Nil FINANCIAL IMPACT OF RECOMMENDATIONS Nil RECOMMENDATION That - 1. Council adopt the reviewed Bribes Gifts and Benefits Policy. ATTACHMENTS

ATTACHMENTS

Nil



12.3 Councillor Training and Development Plan Policy Review

ITEM 12.3 Councillor Training and Development Plan Policy Review



ISSUE

Providing details regarding a review of the Councillor Training and Development Plan Policy.

Recom

mendation


1. Council adopt the reviewed Councillor Training and Development Plan Policy.

BACKGROUND Providing details regarding a review of the Councillor Training and Development Plan Policy. REPORT POLICY:- Policy Title: Councillor Training and

Development Plan Policy File reference: F13/618-04 Date Policy was adopted by Council initially:

25 November 2007

Resolution Number: 366/07 Other Review Dates: 20 November 2008, 19 November

2009, 19 May 2011 Resolution Numbers: 343/08, 477/09, 183/11 Current Policy adopted by Council: 20 March 2014 Resolution Number: XX/14 Next Policy Review Date: 2017 PROCEDURES/GUIDELINES:- Date procedure/guideline was developed:

N/A


N/A

RESPONSIBILITY:- Draft Policy Developed by: General Manager Committee/s (if any) consulted in

General Manager COUNCILLOR TRAINING AND DEVELOPMENT PLAN POLICY REVIEW cont’d


the development of this policy: N/A Responsibility for implementation: General Manager Responsibility for review of Policy: General Manager COUNCILLOR TRAINING AND DEVELOPMENT PLAN POLICY Policy Objectives Upper Lachlan Shire Council will develop and adopt a training and development plan each year so as to ensure that activities available to all Councillors contribute to the achievement of the strategic and good governance objectives of Council. In preparing its training and development plan the Upper Lachlan Shire Council will use a range of strategies to identify the needs of Council and match these needs against its strategic and good governance objectives. Particular emphasis will be given in the training plan to the training needs of new Councillors joining Council following a general or by-election. This policy and plan is in addition to the Office of Local Government’s Councillor Information Seminars, which all Councillors are required to attend following a local government general election. Policy Aims The aims of this policy are to:

1. Ensure Councillors have equal access to training and educational opportunities; and

2. Ensure Councillors have the opportunity to maintain their knowledge and skill base to contemporary standards and expectations.

Methodology Council will collect information regarding the training and development needs of Councillors and will plan for the delivery of training by utilising the following methodology:

1. Survey/questionnaire; 2. Interviews; and 3. Workshops.

Specific Training Needs Council recognises that some of the training needs of Councillors will be specific to their legislative and governance roles and functions such as:

1. Role and Responsibilities of Councillors; 2. Relationship between Councillors, the General Manager and Staff; 3. Meeting Procedures; 4. Conflict of Interest; 5. Code of Conduct;



6. Good Governance; 7. Strategic Management; and 8. Planning Legislation.

The list included above may be altered to include specific areas of training and development deemed to be appropriate as situations arise, e.g. media training, heritage training etc. Other training issues will emerge that are directly related to specific service areas and other community issues and address environmental, social and economic challenges facing the community. Delivery Methods It is recognised that a range of delivery methods will be required to support the training needs of Councillors, including:

1. Workshops, seminars and informal (briefing) sessions conducted by Council with appropriate guest speakers and trainers;

2. Attendance at workshops, seminars and conferences offered by organisations such as Local Government Learning Solutions (Local Government NSW), Australian Local Government Association, Local Government Managers Australia and other private providers that provide an opportunity for Councillors to gain new skills, network with other Councillors and staff from within and outside of NSW;

3. Purchase of training booklets and discussion papers that could be distributed to Councillors for information; and

4. On-line training delivery. Upper Lachlan Shire Council’s training plan will include agreed delivery methods to respond to the needs of Councillors identified during the development of the annual Councillor Training and Development Plan. Implementation

1. Training and professional development opportunities will be made available to all Councillors on a continual basis throughout their term of office.

2. Preliminary induction training will take place as soon as practicable following the declaration of the polls, and prior to the first meeting. Depending on the timing and specific circumstances of the election, the full induction training may be completed within two months of the polls being declared.

3. The Code of Conduct and Code of Meeting Practice training will be delivered prior to the first meeting of the new Council.

4. The Mayor and General Manager will determine the most appropriate method of training delivery, whether in-house or by external agency.

5. Council’s annual budget will need to reflect the level of Councillor professional development as required by this training plan.

6. Reimbursement for expenses relating to a Councillor’s attendance at training will be determined in accordance with Council’s adopted Payment of Expenses and Provision of Facilities Policy.



Procedure Training and educational opportunities for Councillors will be classified as:

Imperative Desirable Developmental

Imperative Training

1. Training or educational opportunities considered vital to the role of Councillor.

2. This training should be attended by all Councillors. 3. It relates to legislative and governance roles and functions and includes,

but is not limited to: Roles and responsibilities of Councillors (including induction programs for

new Councillors); Relationship between Councillors, the General Manager and staff; The Code of Conduct; Pecuniary and Conflicts of Interests; Code of Meeting Practice.

Desirable Training 1. This training is considered important and therefore in the best interests of a

Councillor to attend. 2. It relates to the maintenance of good governance and includes, but is not

limited to, community issues, environmental issues and social and economic challenges, such as: Financial skills; Planning legislation; Strategic management; Performance management of senior staff; Community leadership; Handling difficult people; Media skills.

Development Training 1. This training is discretionary but Councillors are encouraged to accept this

training or educational opportunity. 2. It relates to further developing the skills or professional expertise of

Councillors, and includes, but is not limited to: Attendance at Local Government NSW workshops, whether public, in-

house or regional; Seminars and informal sessions conducted by Council with appropriate

guest speakers and trainers; Distribution of training booklets or discussion papers for information; Online training; Mentoring.



Notification to Councillors Any appropriate training or educational opportunities will be notified to Councillors through the Executive Assistant on behalf of the General Manager. Every effort will be made to provide Councillors with as much notice as possible of training and educational opportunities. Councillors are encouraged to notify the Mayor or General Manager if they become aware of any training or educational opportunity that they wish to attend. Attendance requirements The minimum requirements for Councillors’ attendance will be all training courses classified as “Imperative”. Councillors will not be expected to attend training or educational opportunities which they have attended in the preceding 12 months. Responsible Officer The General Manager is responsible for ensuring that the opportunities for induction, ongoing training and professional development are implemented in accordance with this policy. Reporting obligations Details of the total cost of training and provision of skill development for Councillors are required by legislation to be included in the Annual Report. In addition, for the purposes of reports requested at any time by the Office of Local Government, the Council, the Mayor or General Manager, Council’s Executive Assistant will record data pertaining to training undertaken by Councillors including:

The courses, training, workshops and/or information sessions that are formally made available to Councillors;

Classification of opportunities made available under this policy; and Councillors’ attendance at any session.

This database will be used to identify gaps in the Councillors’ training requirements and will be used to assist in determining the most appropriate method of delivery for formal training. Annual Budget Allocation A budget allocation will be provided to support the training and development activities undertaken by Council, and progress against expenditure of the budget allocation will be reported on a quarterly and annual basis.



Council will need to determine the size of its budget allocation, which may change annually, depending on the nature of issues for which training and development activities may be required to be offered. For example, when a new Council is elected there will be specific issues required to be addressed such as induction training for all new Councillors. Relevant Legislation and Council Policies The following legislation and Council policies that are relevant to this Policy include:

Local Government Act, 1993; Local Government (General) Regulations 2005; Division of Local Government, NSW Premier and Cabinet – Councillor

Development Strategy ; Division of Local Government, NSW Premier and Cabinet – Councillor

Induction and Professional Development Guide; Code of Conduct Policy and Procedure; Code of Business Practice; Payment of Expenses and Provision of Facilities Policy.

Variation Council reserves the right to vary or revoke this policy. POLICY IMPACT Nil OPTIONS Nil FINANCIAL IMPACT OF RECOMMENDATIONS Nil RECOMMENDATION That - 1. Council adopt the reviewed Councillor Training and Development Plan Policy. ATTACHMENTS

ATTACHMENTS

Nil



12.4 Delegations of Authority Policy and Procedure Review

ITEM 12.4 Delegations of Authority Policy and Procedure Review



ISSUE

Providing details regarding a review of the Delegations of Authority Policy and Procedure.

Recom

mendation


1. Council adopt the reviewed Delegations of Authority Policy and Procedure.

BACKGROUND Providing details regarding a review of the Delegations of Authority Policy and Procedure. REPORT POLICY:- Policy Title: Delegations of Authority Policy and

Procedure File reference: F13/618-04 Date Policy was adopted by Council initially:

27 October 2005

Resolution Number: 296/05 Other Review Dates: 21 May 2009, 19 May, 2011 Resolution Number: 169/09, 178/11 Current Policy adopted by Council: 20 March 2014 Resolution Number: XX/14 Next Policy Review Date: 2017 PROCEDURES/GUIDELINES:- Date procedure/guideline was developed:

19 May, 2011



Nil

General Manager DELEGATIONS OF AUTHORITY POLICY AND PROCEDURE REVIEW cont’d


Responsibility for implementation: General Manager Responsibility for review of Policy: General Manager OBJECTIVE To establish policy and procedure to ensure that Council complies with the provisions of Section 378(2) and 381 of the Local Government Act 1993 as amended, and other appropriate Acts and that staff are delegated the necessary authority to act on behalf of Council to ensure compliance with all relevant legislation. SCOPE This policy and procedure relates to the responsibilities of the General Manager and all staff delegated to carry out certain duties. RESPONSIBILITIES General Manager. DEFINITIONS ”Delegation of Authority” means a written authorisation issued by the General Manager giving authority to a suitably qualified staff member to carry out certain duties on behalf of Council. DELEGATIONS OF AUTHORITY POLICY STATEMENT AND PROCEDURE 1. When a new staff member is appointed to a position for which a previous

“Delegation of Authority” had been issued it will be the responsibility of the relevant Director to ensure that the former staff member’s delegation is checked and corrected if need be and sent to the Executive Assistant to prepare it for the General Manager’s signature.

2. Following checking by the Director and signing by the General Manager, the original Delegation of Authority will be placed in the current “Delegations of Authority Register” maintained by the Executive Assistant.

3. A signed original of the Delegation of Authority will be supplied to the employee for use whilst carrying out their official duties. A copy will also be placed on the employee’s personnel file. Should the Director so require, a copy will also be supplied to the relevant Director to maintain records within the Division.

4. If a new responsibility is required to be added to a delegation, the same procedure is to be followed.

5. There is also an Archival Register of Delegations being maintained by the Executive Assistant and the Executive Assistant will need to replace the old delegation with the new one in the current Register and then file the previous delegation in the Archival Register. It is essential that this process be undertaken as the Delegations of Authority can become evidence in Court cases, which often does not take place until several years later.

Relevant Legislation and Council Policies The following legislation and Council policies that are relevant to this Policy include:

General Manager DELEGATIONS OF AUTHORITY POLICY AND PROCEDURE REVIEW cont’d


Local Government Act 1993 Local Government (General Regulation) 2005 Government Information (Public Access) Act 2009 Privacy and Personal Information Protection Act 1998 State Records Act 1998 Environmental Planning and Assessment (EPA) Act 1979 Public Interest Disclosures Act 1994 Independent Commission Against Corruption Act 1998 Code of Conduct Policy and Procedure Code of Meeting Practice Statement of Ethical Principles Government Information (Public Access) Policy Corporate Credit Card Policy Purchasing and Acquisition of Goods and Services Policy Interaction between Councillors and Staff Policy Complaints Management Policy Public Interest Disclosures Policy Local Government State Award

VARIATION Council reserves the right to vary or revoke this policy. POLICY IMPACT Nil OPTIONS Nil FINANCIAL IMPACT OF RECOMMENDATIONS Nil RECOMMENDATION That - 1. Council adopt the reviewed Delegations of Authority Policy and Procedure. ATTACHMENTS

ATTACHMENTS

Nil



12.5 Service Recognition Policy Review

ITEM 12.5 Service Recognition Policy Review



ISSUE

Providing details regarding a review of the Service Recognition Policy.

Recom

mendation


1. Council adopt the reviewed Service Recognition Policy.

BACKGROUND Providing details regarding a review of the Service Recognition Policy. REPORT POLICY:- Policy Title: Service Recognition Policy File reference: F10/413 Date Policy was adopted by Council initially:

22 September 2005

Resolution Number: 288/05 Other Review Dates: 26 July 2007, 19 May 2011 Resolution Number: 223/07, 177/11 Current Policy adopted by Council: DD/MM/YYYY Resolution Number: XXX/14 Next Policy Review Date: 2017 PROCEDURES/GUIDELINES:- Date procedure/guideline was developed:

22 September 2005


N/A


N/A


General Manager SERVICE RECOGNITION POLICY REVIEW cont’d


OBJECTIVE To formally recognise significant continuous service milestones achieved by Councillors and Staff of Upper Lachlan Shire Council. SERVICE RECOGNITION POLICY STATEMENT In recognition of the importance of long serving Councillors and Staff to Council, a program of service awards will be undertaken annually. Service award certificates will be awarded for each five (5) years of service from ten (10) years onwards. Additional awards for twenty (20) years or more service may also be awarded. Where possible Council will host a function each year where all Councillors and staff and their families can participate in the presentation of the service awards. Council will formally recognise the continuous service of Staff and Councillors as follows:- Service Recognition 10yrs Framed Certificate signed by Mayor and General Manager; 15yrs Framed Certificate signed by Mayor and General Manager; 20yrs Framed Certificate signed by the Mayor and General Manager and a

$100.00 cheque or gift - eg set of glasses; 25yrs Engraved Plaque and a $250.00 cheque or gift - eg set of glasses,

wall clock, gold watch; 30yrs Engraved Plaque and a $300.00 cheque or gift - eg glass decanter,

wall clock, art work or similar, morning tea with Department, Mayor and General Manager;

35yrs Engraved Plaque and a $350.00 cheque or gift, morning tea with Department, Mayor and General Manager;

40yrs Engraved Plaque and a $400.00 cheque or gift, morning tea with Department, Mayor, Councillors, General Manager and the family of the rewarded person;

45yrs Engraved Plaque and a $450.00 cheque or gift, morning tea with Department, Mayor, Councillors, General Manager and the family of the rewarded person;

50yrs Engraved Plaque and a $500.00 cheque or gift, morning tea with Department, Mayor, Councillors, General Manager and the family of the rewarded person.

Note: For Councillors and staff the total years of service will count, not necessarily years of continuous service. Total years of service will continue to count for all staff who have had unbroken service via the former Crookwell Shire Council, Mulwaree Shire Council, Gunning Shire Council and Goulburn City Council, prior to the proclamation of Upper Lachlan Shire Council on 11 February 2004, and who have continued their uninterrupted employment with Upper Lachlan Shire Council. The Mayor will make the presentations.



Procedures The Executive Assistant will annually review staff, listing of length of service (list of staff and their commencement dates) and organise a yearly list of presentations to be made at an all staff meeting or morning tea depending on the length of service award to be made. All items are to be inscribed with:- “In recognition of XX Years of Service to Upper Lachlan Shire Council.” Budgetary Implications Annual allocation set aside in budget, as required. Relevant Legislation and Council Policies The following legislation and Council policies that are relevant to this Policy include:

Local Government Act, 1993; Local Government (General) Regulations 2005; Local Government State Award; Code of Conduct Policy and Procedure; Code of Business Practice; Payment of Expenses and Provision of Facilities Policy.

VARIATION Council reserves the right to vary or revoke this policy. Note: This policy is totally separate from the presentation of a farewell gift when a long serving staff member resigns or retires. POLICY IMPACT Nil OPTIONS Nil FINANCIAL IMPACT OF RECOMMENDATIONS Nil RECOMMENDATION That - 1. Council adopt the reviewed Service Recognition Policy.



ATTACHMENTS

ATTACHMENTS

Nil



12.6 Use of Council’s Logo and Seal Policy Review

ITEM 12.6 Use of Council’s Logo and Seal Policy Review



ISSUE

Providing details regarding a review of the Use of Council’s Logo and Seal Policy.

Recom

mendation


1. Council adopt the reviewed Councillor Use of Council’s Logo and Seal Policy.

BACKGROUND Providing details regarding a review of the Use of Council’s Logo and Seal Policy. REPORT POLICY:- Policy Title: Use of Council’s Logo and Seal Policy File reference: F13/618-04 Date Policy was adopted by Council initially:

24 August 2006

Resolution Number: 223/06 Other Review Dates: 19 May 2011 Resolution Number: 176/11 Current Policy adopted by Council: 20 March 2014 Resolution Number: XX/14 Next Policy Review Date: 2019 PROCEDURES/GUIDELINES:- Date procedure/guideline was developed;

N/A


N/A

RESPONSIBILITY:- Policy Developed by: General Manger Committee/s (if any) consulted in the development of this policy:

N/A


General Manager USE OF COUNCIL’S LOGO AND SEAL POLICY REVIEW cont’d


OBJECTIVE To ensure that Council retains control over the use of its Logo and Seal with consistent and quality controlled branding. COUNCIL SEAL POLICY STATEMENT The Local Government Act 1993, Section 22 (1) (b) and the Interpretation Act 1987, Part 8 Section 50 (1) (b) apply to statutory bodies and state that Council shall have a Seal. The affixing / use of Council’s Seal is for the sole purpose of Upper Lachlan Shire Council and only to be used for authentication of official documentation and legal documentation, in conjunction with the Resolution of Council and signed by the Mayor and General Manager on the relevant official and / or legal documentation. Council will not grant permission for any other organisation or individual/s to use Upper Lachlan Shire Council’s Seal. The Local Government Act 1993, Section 683, states that a document requiring authentication by the Council may be sufficiently authenticated without the Seal of Council if signed by the General Manager. COUNCIL LOGO POLICY STATEMENT This policy sets out the terms and conditions that Council uses the Upper Lachlan Shire Council Logo on all Council documentation, signage, advertising and promotional material, with the exception of legal documents where the Common Seal of Council is used under the Resolution of Council.

The use of Council’s Logo by private enterprises / commercial organisations is only permitted where some advantage could accrue to Council. The approval in writing by Council’s General Manager shall be required to each case the use of the Logo is requested.

That Council permits an organisation / individual to use their Logo if it relates

to conducting an event or project towards which Council has approved financial or in-kind support by way of a Section 356 contribution, donation or other sponsorship.

That Council permits advertising agencies and/or newspapers to use its Logo

if it relates to Upper Lachlan Shire Council business, i.e. press releases, public notices and job advertisements.

That Council permits the joint use of its Logo when usage relates to Council

approved Alliances or Joint-Partnerships, i.e. South East Regional Organisation of Councils, Central West Regional Organisation of Councils, Southern Tablelands Library Co-operative and various Road Safety Programs.

If an organisation obtains permission to use Upper Lachlan Shire Council’s

Logo the following conditions will apply:



1. The Logo remains the property of Upper Lachlan Shire Council and can only be used on Council approved materials and publications;

2. The Logo must not be used in conjunction with any merchandise,

fundraising appeal or activity, or any product, without prior written approval of Council;

3. The Logo must be reproduced without alteration or modification. There

is to be no manipulation of individual elements, including colour, in any way. The elements of design and text are integral components to Council’s Logo and must not be deleted or modified in any form.

Relevant Legislation and Council Policies The following legislation and Council policies that are relevant to this Policy include:

Local Government Act 1993 Local Government (General Regulation) 2005 Government Information (Public Access) Act 2009 Interpretation Act 1987 State Records Act 1998 Environmental Planning and Assessment (EPA) Act 1979 Code of Conduct Policy and Procedure Code of Business Practice Code of Meeting Practice Statement of Ethical Principles Government Information (Public Access) Policy Purchasing and Acquisition of Goods and Services Policy NSW Ombudsman - Good Conduct and Administrative Practice

(Guidelines for State and Local Government) June 2006 and ICAC publication “No Excuse for Misuse, preventing the misuse of

council resources”. VARIATION Council reserves the right to vary or revoke this policy. POLICY IMPACT Nil OPTIONS Nil FINANCIAL IMPACT OF RECOMMENDATIONS Nil



RECOMMENDATION That - 1. Council adopt the reviewed Councillor Use of Council’s Logo and Seal Policy. ATTACHMENTS

ATTACHMENTS

Nil



12.7 Action Summary - Council decisions

ITEM 12.7 Action Summary - Council decisions



ISSUE

Details are provided of action taken with respect to Council decisions. Recom

mendation



BACKGROUND Details are provided of action taken with respect to Council decisions. REPORT Summary sheet from the: Council Meeting: 21 February 2013

47/13 Subject to the removal of the restriction as Public Reserve under the second notification of the Second Schedule, Council seeks expressions of interest for the sale of Lot 19 DP 702495, Martyn Street, Parish of Guineacor, and Village of Taralga.

GM Correspondence forwarded on 22 February 2013 to Robert J McCarthy & Co to remove restriction.

Council Meeting: 21 November 2013

380/13 Council in cooperation and collaboration with the Rural Fire Service, SES, Police and other stakeholder emergency services develop and publish emergency plans on the Council website with links to relevant agencies.

DOW Awaiting review of Upper Lachlan Shire Council DISPLAN.

General Manager ACTION SUMMARY - COUNCIL DECISIONS cont’d


Council Meeting: 19 December 2013

399/13 Council invite public submissions regarding the Cemeteries Plan of Management for a period of twenty eight days.

DOW Advertisement placed in local newspapers and on Council's website commencing on 9 January 2014.

Council Meeting: 20 February 2014

03/14 Council forward a copy of the Upper Lachlan Shire Council Logo to SERREE for inclusion on their website.

GM Correspondence forwarded on 24 February 2014.

07/14 Council adopts the reviewed Keeping of Poultry (Residential Areas) Policy.

EA Placed in Policy Register and on the Website on 28 February 2014.

08/14 Council adopts the reviewed Development Bonding Policy.


09/14 Council adopts the reviewed Street Numbering – Urban Areas Policy.


10/14 Council adopts the reviewed Release of Subdivision Certificates Policy.


11/14 Council apply to become a member of Renew Australia in the 2014-2015 Financial year to a maximum of $2500.00.

DEP Included as a budget item in 2014/2015 Operational Plan.

22/14 Council adopt the Sporting Representation Donations Policy.


23/14 Council adopt the Section 356 – Financial Assistance Policy.


24/14 Council write-off the stores stocktake variance to the value of $2,489.63.

DFA Journal entry completed on 21 February 2014.

General Manager ACTION SUMMARY - COUNCIL DECISIONS cont’d


27/14 Council adopts the Incoming Grants Management Policy.


28/14 The Hazardous Noise Policy be adopted by Council.


29/14 The reviewed Recruitment and Selection Policy be adopted by Council.


30/14 That in relation to the final report of the Independent Local Government Review Panel: Revitalising Local Government, a submission be made to the Minister for Local Government in the terms outlined in this report.

GM Submission to be forwarded following the workshop on 20 March 2014 and prior to the deadline of 4 April 2014.

31/14 Council endorses a submission to the Division of Local Government regarding Local Government Acts Taskforce: A New Local Government Act for NSW and the Review of the City of Sydney ACT 1988, in the terms outlined in this report.

GM Submission forwarded on 28 February 2014.

POLICY IMPACT Nil impact OPTIONS Nil FINANCIAL IMPACT OF RECOMMENDATIONS Nil


ATTACHMENTS

Nil


14 CTION 355 COMMITTEES AND DELEGATES

14 REPORTS FROM OTHER COMMITTEES, SECTION 355 COMMITTEES AND DELEGATES

REPORTS FROM OTHER COMMITTEES, SE

The following item is submitted for consideration -

14.1 Reports for the month of March 2014 400 14.1 Reports for the month of March 2014 Reports from Other Committees, Section 355 Committees and Delegates

Reports from Other Committees, Section 355 Committees and Delegates - 20 March 2014


ITEM Reports for the month of March 2014

Recommend

ation

RECOMMENDATION: That Item 14.1 - Minutes of Committee/Information listed below be received: 1. Economic Development Task Force – Report on activities undertaken in the

previous 12 month period. 2. Breadalbane Hall Committee – Minutes from meeting held 23 February 2014. 3. Taralga War Memorial Hall Committee – Minutes from meeting held 13 February

2014. 4. Taralga Historical Society Inc – Newsletter – 1/2014. 5. Gunning & District Historical Society – Minutes from meeting held 31 October

2013.

ATTACHMENTS

ATTACHMENTS

1. EDTF - Report on activities for the last 12 months Attachment2. Breadalbane Hall Committee - Minutes of general meeting held

Sunday 23 February 2014 Attachment

3. Taralga War Memorial Hall Committee - Minutes of committee meeting held on 13 February 2014

Attachment

4. Taralga Historical Society Inc - Newsletter number 1 2014 Attachment5. Gunning & District Historical Society - Minutes of general meeting

held on 31 October 2013 Attachment

Item: 14.1 Attachment 1.: EDTF - Report on activities for the last 12 months


Item: 14.1 Attachment 2.: Breadalbane Hall Committee - Minutes of general meeting held Sunday 23 February 2014


Item: 14.1 Attachment 3.: Taralga War Memorial Hall Committee - Minutes of committee meeting held on 13 February 2014

TARALGA WAR MEMORIAL HALL. ORCHARD STREET, TARALGA

Minutes of the Committee Meeting Held on Thursday 13th Feb, 2014

Present Apologies Prue Burfitt Richard Davison Jenny Cee Lorraine Davison Councillor Scott Craig John Sullivan Brian Moloney Fiona Young President opened the meeting at 7040pm and welcomed the Committee Members. Minutes: As there were no minutes taken at the last meeting none were available. The following are notes taken by the Assistant Chairperson, Jenny Cee.

CWA Room fees to be $5.00 for not for profit clubs and $20.00 for other organisations. $20.00 for Neighbour Aid luncheons.

Hire of Gas Heaters Bond of $40.00each. Either replace gas used or use own. Correspondence Correspondence out: Prue sent a quote to the RSL for the hall for a function in 2015. Treasurer’s report: See attached. Current Bank Balance $8,450.66 Moved Prue Seconded Scott General Business Many of the external doors are hard to close properly. Jenny to contact Tina Dodson to see if the locking mechanism can be fixed or replaced. The Wind Farm people are moving out this week. Lorraine has suggested that we move the stainless steel table to the CWA room so that it can be used for food preparation down stairs rather that in the old kitchen. The meeting felt that this would be a good move. Jenny to contact Origin to see if we can get the three meters combined so that we are not paying three service fees. The following items are to be looked into before the next meeting:- Removal of old men’s toilet, Heating Quotes and Mending of tear in curtain (Fiona & Prue) Meeting closed at 8.30pm


Item: 14.1 Attachment 4.: Taralga Historical Society Inc - Newsletter number 1 2014


Item: 14.1 Attachment 5.: Gunning & District Historical Society - Minutes of general meeting held on 31 October 2013



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16 NOTICES OF MOTION NOTICES OF MOTION



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17 QUESTIONS WITH NOTICE QUESTIONS WITH NOTICE


17.1 Airborne Electromagnetic Survey of the proposed Peelwood Mine 424

17.2 Disaster Plan 425

17.3 Department of Environment and Heritage Survey 426

17.4 Felling of Trees at St Brigid's Church, Breadalbane 427 17.1 Airborne Electromagnetic Survey of the proposed Peelwood Mine Questions With Notice

Questions With Notice - 20 March 2014


ITEM 17.1 Airborne Electromagnetic Survey of the proposed Peelwood Mine

AUTHOR Councillor John Searl

Will the General Manager please advise whether Council has received any communication from Balamara Resources or its partners concerning its exploration aimed at increasing the overall mineral resources of the Peelwood project and an extension to the existing mineable ore reserve, and the extent to which the exploration licence holder is meeting requirements regarding effective community consultation? Background Balamara Resources Limited placed a notice under Mining Notices in the 27 February 2014 edition of the Crookwell Gazette advising of its intention to conduct aerial surveying of the Peelwood area as part of its mining exploration. General Managers Comments Council received a copy of the notice that was advertised unde Notices in the 17.2 Disaster Plan

27 February 2014 edition of the Crookwell Gazette – nothing more received. r Mining



ITEM 17.2 Disaster Plan


Will the General Manager please advise when Council expects a Disaster Plan to be finalised and made available for public viewing? Background At the Ordinary Meeting of Council in November 2013 it was resolved that 'Council in cooperation and collaboration with the Rural Fire Service, SES, Police and other stakeholder Emergency Services develop and publish emergency plans on the Council website with links to relevant agencies' . While the NSW Rural Fire Service website provides information on a number of Neighbourhood Safer Places (NSPs) for Binda, Bigga, Collector, Gunning, Laggan and Taralga, no NSPs are identified for Crookwell or the other remaining villages in Upper Lachlan. Furthermore, it is likely that community awareness about the NSPs will limited. General Managers Comments This matter was the subject of a Notice of Motion at the 21 November 2013 Council Meeting which was resolved as follows: 381/13 RESOLVED by Clr Searl and Clr Barlow that Council in cooperation and

collaboration with the Rural Fire Service, SES, Police and other stakeholder Emergency Services develop and publish emergency plans on the Council Website with links to relevant agencies.” - CARRIED

The previous advice is still current. 17.3 Depa

rtment of Environment and Heritage Survey



ITEM 17.3 Department of Environment and Heritage Survey


Will the General Manager please advise whether Council has participated in the NSW Department of Environment and Heritage Survey of Land Managers and Conservation Groups? Background The NSW Department of Environment and Heritage is seeking participation from land managers (including Local Councils and Landcare Groups) and conservation groups on various conservation activities (for further information visit http://www.environment.nsw.gov.au/savingourspecies/survey2.htm ) General Managers Comments No - Council has not participated in this survey as Council currently does not have a targeted species or program. 17.4 Felli

ng of Trees at St Brigid's Church, Breadalbane

http://www.environment.nsw.gov.au/savingourspecies/survey2.htm



ITEM 17.4 Felling of Trees at St Brigid's Church, Breadalbane


Will the General Manager please advise whether a Heritage Assessment was undertaken prior to approval for the felling of trees at St Brigid's Church Breadalbane, and if so the basis for the approval? Background St Brigid's Church, Breadalbane is listed in the Upper Lachlan Local Environmental Plan 2010 Schedule 5 as a Heritage item. The LEP notes that Council may grant permission for the cutting down of a tree that forms part of a heritage item or that is within a heritage conservation area if it is satisfied that the proposed activity would not adversely affect the heritage significance of the conservation area or is of a minor nature, and that the consent authority may require a heritage management document to be prepared that assesses the extent to which the proposed development (cutting down of trees) would affect the heritage significance of the area concerned. In the case of St Brigid's Church the majority of the existing trees surrounding the Church, some of which were reportedly thought to be well over 100 years old, were felled and burnt. General Managers Comments The St Brigid’s Catholic Church is listed as a Heritage Item (Item 26) under Schedule 5 of the Upper Lachlan Local Environmental Plan 2010. It should be noted that only the church itself is listed under the item. Clause 5.10 (3) (c) – (Heritage Conservation – When consent not required) of the Upper Lachlan Local Environmental Plan 2010 states that “…Development Consent under this clause is not required if: (c) the development is limited to the removal of a tree or other vegetation that the

Council is satisfied is a risk to human life or property, or” Council’s horticulturist inspected the trees and deemed the trees to be either dead or close to dead, posing an extreme risk to the heritage listed property.


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Agenda of Ordinary Meeting of Council - 20 March 2014

Documents

Transcript of Agenda of Ordinary Meeting of Council - 20 March 2014