ORDINARY MEETING AGENDA 24 OCTOBER 2018

ORDINARY MEETING AGENDA

24 OCTOBER 2018

To commence at 5.30pm, Wednesday, 24 October 2018 Hilltops Council, Young Chambers, 189 Boorowa Street,

Young

HILLTOPS COUNCIL ORDINARY MEETING AGENDA

24 October 2018

Held in the Hilltops Council, Young Chamber, 189 Boorowa Street, Young

2

BUSINESS

1. OPENING OF THE MEETING

May I firstly acknowledge the traditional owners of land we meet on today – I humbly paymy respects to the people of the Wiradjuri nation, their past, future and present elders.

I note there are a number of people in attendance. If you are asked to evacuate, theemergency procedure is to:

Exit via the door leading out of the building directly outside the Council Chambers; and proceed to the footpath opposite the Council Chambers and await further instructions.

2. LIVE STREAMING, RECORDING AND PUBLISHING OF COUNCIL MEETINGS

This Council Meeting is being streamed live, recorded and published in accordance withCouncil’s Live Streaming in Council Meetings Policy.

To those present in the gallery today, by attending a public meeting of the Council you areconsenting to your image, voice and comments being recorded and published.

Anyone who is invited to speak will be recorded and their voice, image and comments willform part of the live stream and recording.

The Chair and/or the General Manager have the discretion and authority at any time todirect the termination or interruption of live streaming. Such direction will only be given inexceptional circumstances where deemed relevant. Circumstances may include instanceswhere the content of debate is considered misleading, defamatory or potentiallyinappropriate to be published.

Attendees are advised that they may be subject to legal action if their actions result ininappropriate and/or unacceptable behaviour and/or comments.

Today’s Meeting is being streamed live as well as recorded and published on Council’swebsite.

3. PUBLIC FORUM

Persons interested in addressing Council are to be in the Meeting room fifteen (15) minutesprior to the commencement of the Council Meeting, and must convey to the GeneralManager their desire to address Council, and on what particular issue they wish toaddress;

Should there be more than one (1) person wishing to address Council on an issue, thenthose persons are to nominate one (1) person to represent the group;

Those presenting in public forum have five (5) minutes to address Council.During this time, no direct discussion will take place; all communication should be putthrough the Mayor.


24 October 2018


3

4. APOLOGIES

5. SYMPATHY EXPRESSIONS

6. CONFIRMATION OF MINUTES

7. DECLARATIONS OF INTEREST

8. MAYORAL MINUTE (IF ANY)

9. REPORTS

MAYORAL REPORT COUNCILLOR REPORTS COMMUNITY RECOGNITION SCHEME GENERAL MANAGER

10. QUESTIONS WITH NOTICE

11. NOTICES OF MOTION

12. CORRESPONDENCE REPORT

13. COUNCIL COMMITTEE REPORTS

14. CLOSED COUNCIL

15. PROPOSED NEXT MEETING


24 October 2018


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CONTENTS

SYMPATHY EXPRESSIONS ................................................................................................................................... 6 CONFIRMATION OF MINUTES ............................................................................................................................ 7 MAYORAL REPORT ............................................................................................................................................... 8 COUNCILLOR REPORT’S ...................................................................................................................................... 9 GENERAL MANAGER’S REPORT ..................................................................................................................... 11

18/224 – 2019 NSW STATE ELECTION ............................................................................................................ 11

18/225 – GENERAL MANAGER’S DELEGATIONS ....................................................................................... 12

18/226 – MEMBERSHIP OF THE COMMUNITY WORKING GROUPS FOR BURRANGONG CREEK AND BLACKGUARD GULLY PROJECTS ....................................................................................... 14

18/227 – LIVE STREAMING OF COUNCIL MEETINGS POLICY ................................................................... 16

18/228 – MURRUMBURRAH PRECINCT MASTER PLAN .............................................................................. 18

18/229 – ANNUAL GOVERNMENT INFORMATION PUBLIC ACCESS (GIPA) RETURN ........................... 21

18/230 - DISTRIBUTION OF COUNCIL’S FINANCIAL ASSISTANCE/ DONATION FUNDS ........................ 23

18/231 – CASH AND INVESTMENTS AS AT 30 SEPTEMBER 2018 ............................................................... 26

18/232 – HILLTOPS LOCAL HERITAGE FUND 2018-2019 ............................................................................ 29

18/233 – DEVELOPMENT APPLICATION STATISTICS FOR SEPTEMBER 2018 ............................................ 33

18/234 – 2018/DA-00056 MOD1 WAREHOUSE AT 8E OLD TEMORA ROAD, YOUNG – SECTION 4.55 REQUEST FOR MODIFICATION OF YOUNG INDUSTRIAL ESTATE ROADS AND STORMWATER CONTRIBUTIONS AND ACCESS DRIVEWAY SEALING .................................... 35

18/235 – BURLEY GRIFFIN WAY INTERSECTION UPGRADE ........................................................................ 45

18/236 - T18/024 – DEVELOPMENT APPLICATION FOR ALTERATIONS AND ADDITIONS TO THE EXISTING BUILDING (KNOWN AS ‘HISTORY HALL’) AND ITS USE AS AN INFORMATION AND EDUCATION FACILITY, ALBURY ROAD, MURRUMBURRAH. ............................................ 49

18/237 – T2003-025 MOD 4 – GALONG LIMESTONE MINE – INCREASED DISPATCH – 342 EUBINDAL ROAD, GALONG ......................................................................................................... 70

18/238 – BURRANGONG CREEK- INCLUSIVE PLAYGROUND AND AMENITIES ................................... 184

18/239 – ENDORSEMENT TO ENGAGE CONSULTANT FOR LAMBING FLAT CHINESE TRIBUTE GARDEN ......................................................................................................................................... 187

18/240 – YOUNG TENNIS COURTS – DETAILED DESIGN .......................................................................... 190

18/241 – BOOROWA TENNIS COURTS – DETAILED DESIGN ................................................................... 194

18/242 – ENDORSEMENT TO EXPEND FUNDS AND ESTABLISH COMMITTEE FOR THE MURRUMBURRAH FLOOD STUDY ............................................................................................... 199

18/243 – HILLTOPS WORKS REPORT ............................................................................................................ 202

18/244 - ACTION SUMMARY REPORT ......................................................................................................... 209

18/245 – STRONGER COMMUNITIES AND STRONGER COUNTRY COMMUNITIES PROJECTS UPDATE ........................................................................................................................................... 210

18/246 – NOTICE OF MOTION ..................................................................................................................... 222 CORRESPONDENCE FOR ATTENTION .......................................................................................................... 223 COUNCIL COMMITTEE REPORTS ................................................................................................................... 224 CLOSED COUNCIL ........................................................................................................................................... 225


24 October 2018


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18/247 – EXCLUSION OF THE PRESS AND PUBLIC .................................................................................... 225

18/248 – TENDER 410 OF 2018, SUPPLY AND DISPOSAL OF ONE SMOOTH DRUM ROLLER CCF CLASS 12.5 ..................................................................................................................................... 228

18/249 – TENDER 411 OF 2018, SUPPLY AND DELIVERY OF ONE (1) PRIME MOVER ......................... 231

18/250 – TENDER 412 OF 2018, SUPPLY AND DELIVERY OF TWO (2) WATER TANKER TRUCKS ......... 234

18/251 – TENDER 414 OF 2018, SUPPLY AND DELIVERY OF ONE (1) GRAVEL TRUCK ....................... 237

18/252 - RFT 369of 2018 – SEWER MAIN RENEWAL WORKS .................................................................... 240

18/253 – UPDATE ON ISSUES WITH KRUGER MEDICAL CENTRE ............................................................. 247

18/254 – ORGANISATIONAL STRUCTURE ADJUSTMENT .......................................................................... 250

18/255 – INVESTIGATION INTO THE LEAKING OF CONFIDENTIAL COUNCIL INFORMATION ........... 253


24 October 2018


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SYMPATHY EXPRESSIONS

MOTION:

That staff and members of the public be upstanding for a minutes’ silence to express our sympathy on the passing of;

Robert Smith; Joan Hanrahan; Noeline Jarrott; Leah Cant; Deane Bowring; Betty Cusack; Robert Stewart; Mark Hawker; Gwyne Gorham; Beatrice Campbell

Moved: Mayor Brian Ingram


24 October 2018


7

CONFIRMATION OF MINUTES

It is recommended that the minutes of the Ordinary Council meeting held 26 September 2018, be confirmed as a true and accurate record.

HILLTOPS COUNCIL ORDINARY MEETING MINUTES

26 September 2018, commencing at 5.30 PM

Held in the Hilltops Council, Harden Chamber, 3 East Street, Harden

_______________________ _______________________ General Manager Mayor

ATTENDANCE Mayor Cr Brian Ingram

COUNCILLORS Gregory Armstrong John Horton Rita O’Connor Margaret Roles Matthew Stadtmiller Wendy Tuckerman John Walker Antony Wallace

STAFF E Marks General Manager L Furness Executive Director Corporate and Community L Hackett Acting Director Sustainable Growth K Fox Acting Director Infrastructure Services

APOLOGIES Councillor Tony Flanery Councillor Christopher Manchester Sharon Langman – Director Sustainable Growth

18/257 RESOLVED:

That the apologies be accepted.

Councillors: Walker/Roles

PUBLIC FORUM Nil

SYMPATHY EXPRESSIONS

18/258 RESOLVED:

That Council staff and members of the public be upstanding for a minute silence to express our sympathy on the passing of,

Gwen Trudgett; Gweneth Foster; Una Shoard; Barbara Duggan; Terry Murphy; Beryl Dunn; Anne Dixon; Stanley Jamieson; Peter Armstrong; Harold Scifleet; Stanley Brooke-Kelly, June Lynch; Aline Johnson; Robert Wiggins

Moved: Mayor Ingram





CONFIRMATION OF MINUTES 18/259 RESOLVED: That the minutes of the Ordinary Meeting of Council held on 22 August 2018, be confirmed as a true and accurate record. Councillors: O’Connor/Roles

CONFIRMATION OF MINUTES 18/260 RESOLVED: That the minutes of the Extraordinary Meeting of Council held on 29 August 2018, be confirmed as a true and accurate record. Councillors: Tuckerman/Roles DECLARATIONS OF INTEREST - CONFLICT OF INTEREST Cr Tony Wallace - Non-Pecuniary Interest – 18/217 – Board member of

CAMA Option A – make a declaration, stay in the Chamber, participate in the debate, and vote. Cr Greg Armstrong – Pecuniary Interest – 18/222 – Potential Sub-

Contractor 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. Cr Wendy Tuckerman – Non-Pecuniary Interest – 18/192 – member of the

Golf Club and Young Services Club Option A – make a declaration, stay in the Chamber, participate in the debate, and vote. Cr John Horton – Non-Pecuniary Interest – 18/192 – member of the Young

Services Club Option A - make a declaration, stay in the Chamber, participate in the debate, and vote. Cr Matthew Stadtmiller – Pecuniary Interest – 18/212 – Part Owner of a

local newspaper 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.





Mayor Ingram – Non-Pecuniary Interest – 18/192 – member of the Young Services Club

Option A - make a declaration, stay in the Chamber, participate in the debate, and vote. Lee Anne Furness – Non-Pecuniary Interest - 18/192 – member of the Young

Services Club Option A - make a declaration, stay in the Chamber, and answer questions if required.

MAYORAL REPORT As per business paper 18/182 – CANBERRA REGION JOINT ORGANISATION (CRJO) – INAUGURAL MEETING, 29 JUNE 2018 18/261 RESOLVED: That Council; note the Mayoral Report from the Canberra Region Joint Organisation (CRJO), inaugural meeting at Canberra, 29 June 2018. Councillors: Armstrong/Walker

COUNCILLOR REPORT’S JOHN HORTON

As per Business Paper

GREGORY ARMSTRONG Meetings as minuted

26 September Hilltops Council Ordinary Meeting – Harden

Young Swimming Pool Stakeholders

Young Swimming Pool Development Operators Consultative Meeting

Young Swimming Pool Community Consultative Committee Meeting

Young Swimming Pool – update with Council

Galong Village Meeting





MATTHEW STADTMILLER Meetings as minuted

LEP Meeting – Young

Constituent Meetings

26 September Hilltops Council Ordinary Meeting – Harden MARGARET ROLES Meetings as minuted

Murringo Public School

Galong Village Planning Meeting

Koorawatha Village Meeting

Visitor Information Centre Meeting with representative -Jan Ryan

Grants Committee Meeting

LEP Working Committee

26 September Hilltops Council Ordinary Meeting – Harden ANTONY WALLACE Meetings as minuted

Various Council Workshops 26 September Hilltops Council Ordinary Meeting - Harden WENDY TUCKERMAN

Meetings as minuted 23 August Hilltops Library JUPA Meeting – Young 24 August Meeting with Boorowa Business Association and Community

Manager 28 August Community Suicide reference group/ Wellways Meeting Boorowa Business Association Meeting re: LEP 29 August Extraordinary Council Meeting





4 September Boorowa Showground Users Meeting 5 September Bango Windfarm Community Consultative Meeting Council Workshop 8 September North Sydney Bushcare/ Boorowa Landcare Dinner 11 September Boorowa Showground Project Meeting Regional Tourism Meeting 12 September Koorawatha Community Meeting 13 September Hilltops Library JUPA Meeting 25 September Hilltops Library JUPA Meeting Boorowa Showground Users Groups 26 September Hilltops Council Ordinary Meeting – Harden RITA O’CONNOR Meetings as minuted Young and District Multicultural Focus Group – society

social event Regional Tourism Meeting Jugiong Advancement Group Meeting 26 September Hilltops Council Ordinary Meeting – Harden JOHN WALKER Meetings as minuted 26 September Hilltops Council Ordinary Meeting – Harden





COMMUNITY RECOGNITION SCHEME 18/262 RESOLVED: That Council forward a letter of congratulations to:

1. Young Tennis Centre and Colin Maher, on being nominated for two awards in the upcoming Tennis NSW awards; and

2. Young North Primary School aerobics team for winning the national title in Brisbane.

Councillors: Tuckerman/O’Connor

GENERAL MANAGER’S REPORT 18/183 – ELECTION OF DEPUTY MAYOR 18/263 RESOLVED: Cr A Wallace; nominated by; Cr Tuckerman/Cr O’Connor That; As there were no further nominations; Cr Wallace is elected unopposed as Deputy Mayor for the next twelve (12) months. Councillors: Armstrong/O’Connor 18/184 – MEETING DATES AND TIMES FOR THE ORDINARY MEETING OF COUNCIL 18/264 RESOLVED: That Council;

1. Hold eleven (11) ordinary meetings over the 2018/19 term in each month with the exception of January, as listed; and

2. Hold an extraordinary meeting on Wednesday, 8 May 2019 at Young to consider placing the 2019/2020 Budget on public exhibition.

3. Endorse the meeting schedule for the 2018/19 term, including dates and times.

Councillors: Horton/O’Connor





18/185 - DRAFT HILLTOPS LEGISLATIVE COMPLIANCE POLICY 18/265 RESOLVED: That Council;

1. endorse the Legislative Compliance Policy to be placed on public exhibition for a period of 28 days calling for submissions;

2. if any submissions are received that propose changes, or if there are substantial post public exhibition changes proposed for any other reasons, a report be submitted to Council for consideration detailing the public exhibition outcomes and with further recommendations regarding adoption; and

3. if there are no submissions received proposing changes as a result of the public exhibition, or there are no substantial post public exhibition changes proposed for any other reasons, Council adopt the Legislative Compliance Policy.

Councillors: Tuckerman/O’Connor 18/186 - CUSTOMER SERVICES POLICY Motion

That Council; endorse the Customer Service Policy, Charter and Commitment Statement as attached. Councillors: Wallace/O’Connor

Amendment That Council;

1. endorse the Customer Service Policy; 2. undertake community consultation for 2 months; and 3. a report back to Council at a development meeting.

Councillors: Wallace/O’Connor Amendment to the amendment That Council; engage external consultants to develop a Customer Service Policy and metrics and undertake community engagement.

Councillors: Armstrong/Horton The amendment was put and carried. The amendment becomes the motion.





Motion That Council; engage external consultants to develop a Customer Service Policy and metrics and undertake community engagement.

Councillors: Armstrong/Horton 18/266 RESOLVED: That Council; engage external consultants to formulate a Customer Service Policy and metrics and undertake community engagement. Councillors: Armstrong/Horton 18/187 – CARRINGTON PARK HERITAGE NEAR ME GRANT 18/267 RESOLVED: That Council;

1. Accept the $96,900 grant from the Heritage Near Me program and sign the Funding Agreement; and

2. Undertake community consultation and commence work on the project deliverables within the allocated timeframe.

Councillors: Walker/Roles 18/188 - DISTRIBUTION OF COUNCIL’S SPONSORSHIP FUND 18/268 RESOLVED: That Council;

1. Approve the sponsorship committees recommended projects (with conditions), to be funded in the 2018/2019 sponsorship program.

Applicant Allocation

Young Society of Artists $ 1,500

Hilltops Inc. $ 1,000

Young Sports Advisory Committee $ 1,250

Young District Cricket Association $ 2,500

Young PCYC $ 1,000

Young Bowling Club $ 2,000

Jugiong Golf Club $ 1,000

Young Amateur Swimming Club $ 2,500

Jugiong Writers Festival $ 3,000

Young Dressage Association $ 2,500

Harden Camera Club $ 750





Wombat Parents & Citizens Association $ 1,500

Young Meals on Wheels $ 1,000

Friends of Christ Church, Jugiong (Village Map) $ 1,000

Boorowa Community Landcare Inc. $ 1,500

Hilltops Choir $ 1,000

Harden CWA Branch $ 1,000

Young Local Aboriginal Education Consultative Group $ 1,000

Young Regional School of Music $ 1,000

Margaret House ‐ Women’s Refuge $ 2,500

Harden Murrumburrah Rugby League Football Club $ 750

Hilltops Naked Farmers $ 1,000

$ 32,250

2. Apply any remaining sponsorship budget to a second round in February 2019; and

3. Provide funding of $2,500, to Milvale Progress Association, to cover their annual hall running costs and that this be funded from the Financial Assistance/Donations program budget.

Councillors: Horton/Roles 18/189 – CASH AND INVESTMENTS AS AT 31 AUGUST 2018 18/269 RESOLVED: That the Statement of cash and investments as at, 31 August 2018 be received. Councillors: Armstrong/O’Connor

18/190 – FINANCIAL STATEMENTS – REQUEST FOR EXTENSION 18/270 RESOLVED: That Council; approve the application for extension of the 2018 Financial Statements to 31 January 2019. Councillors: Tuckerman/Wallace





18/191 – PUBLIC LIBRARY FUNDING

18/271 RESOLVED: That Council;

1. Endorse, support and take a lead role in the local activation of the NSW Public Libraries Association and Local Government NSW library funding advocacy initiative, Renew Our Libraries.

2. Note the announcement by the NSW Government on 24 August 2018 of its intention to provide a $60m funding package for NSW public libraries for the quadrennial period 2019-20 to 2022-23.

3. Make representation to the Member for Cootamundra Stephanie Cooke and Member for Goulburn, Pru Goward MP, in relation to the need for ongoing additional funding from the NSW State Government for the provision of public library services.

4. Write to the Hon. Don Harwin, Minister for the Arts and the Hon. Walt Secord, Shadow Minister for the Arts, calling for bi-partisan support for the provision of ongoing and indexed increases in state funding for NSW public libraries, supported by a sustainable future funding model.

5. Formally advise the NSW Public Libraries Association and Local Government NSW that Council has endorsed the library funding advocacy initiative, Renew Our Libraries.

Councillors: Horton/O’Connor

18/192 – SETTING OF A RENTAL FOR THE YOUNG GOLF COURSE


1. Endorse the change of leasee of the Young Golf Course from Young Golf Course Ltd to Young Services and Citizens Club Ltd;

2. the rental be set at $498 per annum; and 3. a review be undertaken of the lease in line with Council’s Policy on

Leasing and Licensing of Council Land and Buildings Policy every three years commencing in 2021.


18/193 – DEVELOPMENT APPLICATION STATISTICS FOR AUGUST 2018 18/273 RESOLVED: That Council; receive and note the status and processing times for development applications, as at 31 August 2018. Councillors: Tuckerman/O’Connor





18/194 – DRAFT PESTICIDE USE NOTIFICATION POLICY AND PLAN FOR OUTDOOR PUBLIC PLACES-V 2.0 18/274 RESOLVED: That Council;

1. Endorse the Hilltops Draft Pesticide Use Notification Policy and Plan for Outdoor Public Places to be placed on public exhibition calling for submissions for 28 days;

2. If there are substantial changes proposed for any reasons, a report be submitted to Council for consideration detailing the public exhibition outcomes and with further recommendations regarding adoption; and

3. If there are no submissions received proposing changes, or there are no changes proposed for any other reasons, Council adopt the Hilltops Draft Pesticide Use Notification Policy and Plan for Outdoor Public Places.

Councillors: Tuckerman/Wallace 18/195 – STATE HERITAGE REGISTER NOMINATION OF THE LOCATION OF THE LAMBING FLAT RIOT IN YOUNG 18/275 RESOLVED: That Council; acknowledge the heritage significance of the Carrington Park precinct and its potential state significance relating to the Lambing Flat anti-Chinese riots and work with the NSW Heritage Council in progressing the listing while ensuring the design and development of any future library and community facility within the precinct, adequately addresses the heritage significance. Councillors: Armstrong/Stadtmiller 18/196 – PROPOSED NAMING OF NEW ROAD, OFF FORSYTHE AVENUE, YOUNG 18/276 RESOLVED: That Council;

1. Agree to the proposal to name the new road, Nellee Place, and proceed to advertise the proposed name for 28 days; and

2. Provided no submissions are received in response to the advertising of the proposal, Council proceed to name the new road, Nellee Place.






18/197 – 2016/DA-00119 REV02 – RESIDENTIAL AGED CARE FACILITY – 66 DEMONDRILLE STREET YOUNG

18/277 RESOLVED: That the matter be deferred. Councillors: Tuckerman/Roles 18/198 – 2001/DA-00016 REV03 – DEAD HORSE GULLY PIGGERY – 3009 MURRINGO ROAD YOUNG NSW 2594 18/278 RESOLVED: That Council; approve the following modifications, subject to the conditions below. Application no.

2001/DA-00016 REV03

Property: Lots 5, 14, 37 - 40, 52, 54, 56, 60, 62, 64 - 65, 79, 90 - 91, 99, 112 - 116, 136, 138 - 142, 150 - 152 and 185 DP 754595, Lots 63, 72, 78, 147, 172 and 183 DP 754607, Lots 1 - 4 DP 240973 and Lots 6 - 8 DP 133424 ‘Dead Horse Gully’, 3009 Murringo Road, YOUNG NSW 2594

Proposed modification:

Replace roofs of six eco sheds from eco-style to panel roofs

1. All conditions of the original consent remain in force for the modification and shall be complied with as required.

2. The insertion of the following additional conditions of consent:

The development being generally in accordance with:

The application to modify the consent, dated 13 August 2018 and following approved plans

Drawings prepared by Mundigo Pty Ltd Drawing No. Sheet No. Name of Plan Date

DHG-02 - Site Layout with future liquid feeding system 21/02/2018

BLAN-13-01 - Layout and elevations for 33m shed 20/06/2018 BLAN-12-01 - Layout and elevations for 51m shed 20/06/2018





Structural drawings prepared by Tesseract International Pty Ltd 18-193 G100 Rev A Structural- shed cover sheet 06/2018

18-193 S100 Rev A Structural- shed roof framing plan and schedules (51m shed) 06/2018

18-193 S101 Rev A Structural- shed elevations and section (51m sheds) 06/2018

18-193 S102 Rev A Structural- shed steelwork details (51m sheds) 06/2018

18-193 S200 Rev A Structural- shed roof framing plan and schedules (33m shed) 06/2018

18-193 S201 Rev A Structural- shed elevations and section (33m shed) 06/2018

18-193 S202 Rev A Structural- shed steelwork details (33m shed) 06/2018

Statement of Environmental Effects, undated, submitted on 13 August 2018.

Councillors: Walker/Horton Record of Councillor Voting on Planning Matters in accordance with Section 375A of the Local Government Act, 1993. For: Councillors: Ingram; Horton; Stadtmiller; Tuckerman; Walker; Wallace; Armstrong; Roles; O’Connor Against: Nil Absent: Councillors: Manchester; Flanery

18/199 – DA039-2017 DWELLING AT 1861 TARRANTS GAP ROAD, WYANGLA 18/279 RESOLVED: That Council; approve the Clause 4.6 variation of the development standard contained in Clause 4.2A of the Boorowa LEP 2012, relating to the minimum lot size for the erection of a dwelling, and approve the following application, subject to the conditions below. Application No.: DA039-2017 Property: Lot 21 DP 1201670, 1861 Tarrants Gap Road, Wyangala Development: To erect a four (4) bedroom Colorbond dwelling, and

a Colorbond shed.





Approved Development 1. The development shall be generally in accordance with Development

Application number DA039-2017 submitted by the Applicant and be in accordance with the supporting documentation submitted with that application, including, but not limited to, the following. Drawings Drawing No. Issue Name of Plan Date

- - Floor plan and elevations for dwelling 21/9/2016

- - Floor plan and elevations for shed (by Sydney Sheds and garages)

-

- - Site plan - Statement of Environmental Effects, undated. Bushfire report, undated. BASIX Certificate No 845542S, dated 10 August 2017.

as modified by any conditions of this consent.

2. The development must be setback a minimum of ten (10) metres,

measured from the nearest tree trunk, from the established tree line east of the development.

3. All building work must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the Construction Certificate was made).

4. A copy of the stamped approved plans and documentation must be

kept onsite for the duration of site works and be made available upon request to either the Certifying Authority or an officer of the Council.

PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE

5. A Construction Certificate is required to be issued by the Principal

Certifying Authority prior to the commencement of any works on site.

6. The building must be designed, constructed and maintained in accordance with Bushfire Attack Level 12.5 standard requirements provided in Australian Standard 3959:2009 Construction of buildings in bush fire-prone areas and Addendum Appendix 3 of the Planning for





Bushfire Protection 2006. The building is to be sited in accordance with condition 2 of this consent. Details demonstrating compliance are to be submitted to the Certifying Authority and approved prior to the issue of a Construction Certificate.

7. Pursuant to Section 7.12 of the Environmental Planning and Assessment Act, 1979 the monetary contribution set out in the following table is to be paid to Council prior to the issue of a Construction Certificate. The contribution is current as at the date of this consent and is levied in accordance with the Boorowa Council Section 94A Development Contributions Plan 2012, adopted on 24 November 2014, which may be viewed during on Council’s website: www.hilltops.nsw.gov.au.

The contribution payable will be calculated in accordance with the contributions plan current at the time of payment and will be adjusted at the time of payment in accordance with the Consumer Price Index (CPI) (All Groups Index for Sydney) published by the Australian Bureau of Statistic. Contribution amounts will be adjusted by Council each quarter.

Contribution type

Development value

Levy percentage

Total contribution

Section 7.12 Contribution

$155,700.00 1% $778.50.00

PRIOR TO COMMENCEMENT OF WORKS

8. The person having the benefit of this consent must obtain a Section 68

approval to carry out sewerage work from Council prior to commencing such works and comply with any conditions of that permit. In this regard, a Section 68 application for the installation and operation of an on-site sewage management system shall be submitted to Council and approved. The system must be of a suitable size and design for the development hereby approved

9. The builder or person who does the residential building work must comply with the applicable requirements of Part 6 of the Home Building Act 1989. This requirement may be satisfied by the provision of an Owner/ Builder permit or Home Owner’s Warranty Insurance prior to commencement of construction.

10. 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 a Council) has given the Council written notice of the following information: (a) In the case of work for which a principal contractor is required to

be appointed, the name, licence number and name of insurer if the principal contractor





(b) In the case of work to be done by an owner-builder, the name and owner-builder permit number (where required).

Changes to the residential building work shall not be carried out unless the Principal Certifying Authority has given the Council written notice of the changes. This condition does not apply to Crown building work as defined.

11. A sign must be erected in a prominent position on any site on which

building work is being carried out: a) showing the name, address and telephone number of the principal

certifying authority for the work, and b) showing the name of the principal contractor (if any) for any

building work and a telephone number on which that person may be contacted outside working hours, and

c) stating that unauthorised entry to the site is prohibited. Any such sign is to be maintained while the building work is being carried out but, must be removed when the work has been completed.

12. No work must commence until:

a) a Principal Certifying Authority has been appointed. Where an Accredited Certifier is the appointed, Council must be notified within two (2) days of the appointment; and

b) a minimum of two (2) days written notice must be given to Council of the intention to commence work.

DURING WORKS 13. Building activities and excavation work involving the use of electric or

pneumatic tools or other noisy operations shall be carried out only between 7:00 am and 6:00 pm on weekdays and 8:00 am and 1:00 pm on Saturdays. No work on Sundays or Public Holidays is permitted.

14. The carrying out of work during the construction of the development shall be done in such a manner as to not to interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke vapour, steam, soot, ash, waste water, waste products or grit, oil or otherwise.

15. All building rubbish and debris, including that which can be windblown, shall be contained on site in a suitable container for disposal at a lawful waste facility. The container shall be erected on the building site prior to work commencing and be maintained for the term of the construction to the completion of the development.





16. Throughout the course of building operations on the land, toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection of a building is being carried out. Toilet facilities are to be provided at a rate of one toilet for every twenty (20) persons or part of twenty (20) persons employed at the site.

17. Trees not approved for removal shall be protected from damage during construction. This includes protection from compaction of the ground within the root zone, damage to the trunk or crown of the tree.

18. Erosion and sedimentation controls must be in place prior to the

commencement of site works and maintained throughout construction activities until the site is landscaped and/or suitably revegetated. The controls shall be in accordance with the details approved by Council and/or as directed by Council Officers. These requirements shall be in accordance with latest publication of Managing Urban Stormwater – Soils and Construction produced by Landcom.

Earthworks

19. Any cut or fill on site must be appropriately graded, drained or retained and drained as necessary. Retaining walls greater than 1 metre in height shall be designed by a suitably qualified practising and insured Structural Engineer. The design shall be submitted to and permission to proceed granted by Council prior to work commencing.

20. It is a prescribed condition of this consent that if the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the consent shall, at the person’s own expense: a) Protect and support the adjoining premises from possible damage

from the excavation; and b) Where necessary, underpin the adjoining premises to prevent any

such damage.

Services 21. All plumbing and drainage work is to comply with the requirements of

Australian Standard AS3500 Plumbing and Drainage and the Plumbing Code of Australia. In this regard, the following inspections by Council are required: a) When external sanitary drainage is laid ready for test. All drainage

must be under water test at the time of the inspection; and





b) Prior to backfilling or covering any absorption trenches, tank systems and connections to point of discharge.

A plumbing and drainage design plan is to be submitted to and approved by Council prior to the external drainage inspection being booked.

22. All sanitary drainage and site drainage for slab on ground design is to

comply with the provisions of AS2870 Residential slabs and footings. 23. The top of the yard gully is to be minimum of 150 mm below the finished

floor level and a minimum of 75 mm above the finished ground level.

24. The base of trenches shall be sloped away from the building. Trenches shall be backfilled with clay in the top 300 mm within 1.5 m of the building. The clay used for backfilling shall be compacted. Where pipes pass under the footing system, the trench shall be backfilled full depth with clay or concrete to restrict the ingress of water beneath the footing system.

25. The location of water, electricity and gas services are to comply with

Section 4.2.7 of Planning for Bushfire Protection 2006.

Construction

26. Kitchen exhaust shall discharge externally of the roof covering and not discharge into the roof space. Any ductwork through roof space is to be of non-combustible material.

27. A smoke alarm system complying with Australian Standard AS3786 Self Contained Smoke Alarms or listed in the Scientific Services Laboratory Register of Accredited Products - Fire Protection Equipment shall be installed in suitable locations on or near the ceiling. The smoke alarm system must be connected to the mains electrical power supply and must have a standby (battery backup) power supply.

28. Cold water pipes and heated or hot water pipes shall not be installed

under a slab, unless the pipes are installed within a conduit so that if the pipe leaks water it will be noticed above the slab or outside the slab and will not leak unnoticed under the slab. Water service pipes installed under concrete slabs should comply with the relevant requirements of AS/NZS 3500.1. Heated water service pipes installed under concrete slabs should comply with the relevant requirements of AS/NZS 3500.4.





29. Pursuant to section 97A(3) of the Environmental Planning & Assessment Regulation 2000, all the commitments listed in the BASIX Certificate for the development must be fulfilled. In this regard, roof waters shall be conveyed from appropriate areas of the roof to the rainwater tank. The rainwater tank shall be plumbed to the applicable fixtures within the house (as required on the BASIX Certificate) in accordance with the Plumbing Code of Australia and Australian Standard AS3500-3 Plumbing and Drainage. Note: It is recommended for the rainwater tanks to be fitted with a first

flush device that causes initial run-off rainwater to bypass the tanks. A low-level inspection opening or flushing access is also recommended for clean-out of the whole system for maintenance.

30. Stormwater from roof and hardstand areas shall be conveyed at least 3m

clear of the dwelling and the shed and disposed of without causing erosion or nuisance to adjoining premises. This shall include the stormwater overflow from any tank or collection system.

31. A minimum of 61,000 litres of water storage will be available for the exclusive use of the dwelling.

32. In recognition that no reticulated water exists, a 20,000-litre dedicated

water supply tank for fire-fighting purposes shall be provided, and a 65mm Storz fitting installed in accordance with the Planning for Bushfire Protection 2006.

33. An all-weather access driveway must be properly constructed from Tarrants Gap Road to the dwelling house and firefighting water supply on-site. The access driveway must be constructed to the following standard: a) have a minimum carriageway width of four (4) metres, b) have an all-weather surface of at least gravel, c) have a minimum vertical clearance of four (4) metres, and d) provide a loop access around the dwelling or incorporate a turning

circle with a minimum twelve (12) metre outer radius.

34. A thirty-five (35) metre Asset Protection Zone to the building (Inner Protection Area of ten (10) metres and Outer Protection Area of twenty-five (25) metres) must be provided and maintained for the life of the development in accordance with the Planning for Bushfire Protection 2006 and the NSW Rural Fire Service's document Standards for Asset Protection Zones.





Further, any trees within the Inner Protection Area must not overhang within five (5) metres of the dwelling and shall have a discontinuous canopy.

Occupation Certificate 35. An Occupation Certificate must be issued by the Principal Certifying

Authority (PCA) prior to occupation or use of the development. When all work as indicated on the approved plans/specifications is completed, the applicant shall notify the PCA to arrange for the issue of a final Occupation Certificate.

36. An approval to operate a system of sewage management under the Local Government Act, 1993 must be obtained from Council prior to the issue of an Occupation Certificate.

37. All works required by this consent shall be completed prior to the issue of an Occupation Certificate.

Councillors: Walker/Stadtmiller Record of Councillor Voting on Planning Matters in accordance with Section 375A of the Local Government Act, 1993. For: Councillors: Ingram; Horton; Stadtmiller; Tuckerman; Walker; Wallace; Armstrong; Roles; O’Connor Against: Nil Absent: Councillors: Manchester; Flanery

18/200 – DRAFT YOUNG DEVELOPMENT CONTROL PLAN AMENDMENT – INCORPORATING PLANNING PROPOSAL VEHICLE SALES OR HIRE PREMISES 8 WOMBAT STREET, YOUNG 18/280 RESOLVED: That; the draft Young Development Control Plan Amendment 2, which incorporates site specific controls for vehicle sales and hire premise and carpark development on 2, 4-6 and 8 Wombat Street and 1 Murringo Street, Young, be placed on public exhibition for 28 days. Councillors: Horton/Armstrong





Record of Councillor Voting on Planning Matters in accordance with Section 375A of the Local Government Act, 1993. For: Councillors: Ingram; Horton; Stadtmiller; Tuckerman; Armstrong; Roles; O’Connor Against: Councillors: Walker; Wallace Absent: Councillors: Manchester; Flanery

18/201 – REVIEW OF BIOSECURITY FUNCTIONS

18/281 RESOLVED: That the matter be deferred. Councillors: Wallace/Armstrong

18/202 – WAMBANUMBA BRIDGE CONDITION

18/282 RESOLVED: That Council; read and note the report. Councillors: Walker/O’Connor 18/203 – YOUNG AQUATIC CENTRE: STAGE 2 DESIGN

18/283 RESOLVED: That Council; approve the proposed concept design as detailed and proceed with the detailed design of Stage 2 of the Young Aquatic Centre. Councillors: Armstrong/Roles 18/204 – BOOROWA SHOWGROUND UPDATE 18/284 RESOLVED: that;

1. The remaining additional works for the upgrades and renovation of the

existing toilets and changerooms totalling $35,149.80 be deferred pending notification of the Stronger Country Communities Grant funding being approved; and

2. The nett project surplus of $2,740.41 be retained and used towards the upgrades and renovation of the existing toilets and changerooms.






18/205 – WILLAWONG STREET, YOUNG; PROPOSED TREE REMOVAL FOR SPORTS FIELD CONNECTING PATHWAY PROJECT 18/285 RESOLVED: That Council; Based primarily to minimise Councils exposure to public liability from incidents whilst pedestrians are crossing Willawong St Council adopts;

1. Option 2 being to Remove the first four Casuarina glauca (Swamp She Oaks) on the eastern side of Willawong Street to construct a 2.5-meter shared foot path;

2. Replace the four trees with a minimum of 25 Callistemon shrubs along the embankment to stabilise and prevent damage to Council infrastructure from high flow storm water events; and

3. Consider the construction of a pedestrian safety rail fence along the edge of the embankment.

Councillors: Horton/Roles 18/206 – MURRUMBURRAH CEMETERY TREE REMOVAL CHINESE CEMETERY 18/286 RESOLVED: That Council; based primarily to minimise Councils exposure to the potential damage to the heritage listed Chinese Cemetery Council adopts;

1. Option 2 being the complete removal of the Eucalyptus melliodora (Yellow Box) adjacent to the heritage listed Chinese Cemetery; and

2. Complete the planting of up to twenty (20) trees and shrubs to enhance the aesthetic value of the area surrounding the Chinese Cemetery.

Councillors: Horton/O’Connor 18/207 - CEMETERY MANAGEMENT SYSTEM Motion That Council; approves the expenditure of $46,535 for the development of a Cemetery Management System. Councillors: Walker/Horton The motion was put and lost.





Motion That the matter be deferred until the parameters around the Southern Phone dividend reserve is provided to Council. Councillors: Tuckerman/Wallace Motion was put and carried. 18/287 RESOLVED: That the matter be deferred until the parameters around the Southern Phone dividend reserve is provided to Council. Councillors: Tuckerman/Wallace 18/208 – BOOROWA RECREATION PARK TOILETS 18/288 RESOLVED: That Council; note the information and agree to proceed with the project. Councillors: Walker/Tuckerman 18/209 – STRONGER COMMUNITIES AND STRONGER COUNTRY COMMUNITIES PROJECTS UPDATE 18/289 RESOLVED: That Council; receive and note the progress report on the Stronger Communities projects and the Stronger Country Communities projects. Councillors: Tuckerman/Horton 18/210 – HILLTOPS WORKS REPORT 18/290 RESOLVED: That Council; receive and note the information provided on works completed and works planned. Councillors: Walker/O’Connor





18/211 - ACTION SUMMARY REPORT 18/291 RESOLVED: That Council;

1. note the status of Council resolutions from the Action Plan; and 2. endorse the removal of completed items from the Action Plan.

Councillors: Horton/Armstrong

GENERAL MANAGER’S LATE REPORT 18/223 – LOCAL GOVERNMENT NSW ANNUAL CONFERENCE 18/292 RESOLVED: That the late report - Local Government NSW Annual Conference be accepted. Councillors: Tuckerman/O’Connor 18/293 RESOLVED: That Council approve;

1. Attendance at the 2018 LGNSW Conference by Mayor, General Manager and Councillor Roles; and

2. Determine its allocation of votes to delegates at the 2018 LGNSW Conference


18/212 – NOTICE OF MOTION Motion That Council; hold a fair, open and transparent process in regards to advertising within local media, seeking their rates for advertising and recognising their value within their local communities. Value which is intrinsic to the growth and knowledge of those communities, especially under an early part of the forced merger process. Councillors: Armstrong/Walker The motion was put and lost.





18/213 – NOTICE OF MOTION Motion That Hilltops Council acknowledges and accepts it's roles under section 223 and section 232 of the LG Act 1993 for the whole area of the Hilltops Council, but as a matter of policy.... The Council support any proper and democratic process presented for a demerger of Hilltops Council to reconstitute the former Councils of Harden, Young and Boorowa as existed prior to 12th May 2016. When a proper and democratic process shows an overwhelming desire by the majority of citizens of 1 of the former Council areas or all of them. Councillors: Stadtmiller/Armstrong The motion was put and lost. 18/214 – NOTICE OF MOTION Motion That Hilltops Council undertakes a full bridge and road study to assess the structural integrity of all of the bridges in the Hilltops Shire, their approaches and surfaces. That Hilltops Council identify ‘blackspots’ within the Shire where there has been a death or deaths, or where near misses have been reported on roads, corners, bends, straights, hills or dips or anywhere else on the Hilltops road network. That Hilltops Council engage widely and across a number of different formats within the Hilltops community for a period of 28 days to provide residents with an opportunity to report concerns which will be compiled in a report for Councillors at the October Council meeting. Councillors: Stadtmiller/Walker The motion was put and lost.





18/215 – NOTICE OF MOTION Motion That Hilltops Council treat residents who live across the entire Shire equally in regards to access to the respective pools. The opening and closing dates of the swimming pool facilities at Young, Boorowa, Harden and Jugiong need to be brought into line so that all residents are treated equally. Rate payers and residents who buy a season ticket at one of the respective pools are to be allowed access to all of the pools listed.

The current operating opening dates are; Young – October 6, Harden – November 3, Boorowa – November 3 and Jugiong November 10. That preparations be made to ensure that Harden, Boorowa and Jugiong can open on October 6 2018. Councillors: Stadtmiller/Horton The motion was put and lost.

CORRESPONDENCE FOR ATTENTION

ACTION Nil

18/294 RESOLVED: That the balance of correspondence be noted. Councillors: Tuckerman/Roles

COUNCIL COMMITTEE REPORTS 18/216 – HILLTOPS ACCESS COMMITTEE CHANGES TO APPENDIX 1 - HILLTOPS COUNCIL SECTION 355 COMMITTEE STANDARD CONSTITUTION 18/295 RESOLVED: That Council; adopt the amended Appendix 1 - Schedule to Hilltops Council Section 355 Committee Standard Constitution (Hilltops Access Committee). Councillors: O’Connor/Stadtmiller





18/217/218 – SECTION 355 COMMITTEE UPDATE 18/296 RESOLVED: That Council move into Committee of the Whole. Councillors: Tuckerman/O’Connor 18/297 RESOLVED: That Council moved out of Committee of the Whole. Councillors: Wallace/Horton 18/298 RESOLVED: That each item be discussed individually, regarding the 355 Committee Update. Councillors: Roles/Horton 18/299 RESOLVED: That Council;

1. Endorse Marg Abbey for the Hilltops Region Arts and Culture Committee Section 355 Committee.

Councillors: Tuckerman/Roles Motion

2. Endorse Judith Pugh for the Hilltops Region Arts and Culture Committee as a representative of CAMA.

Councillor: Wallace/ Motion lapsed for the want of a seconder.


3. Invite the Lambing Flat Writers Group to nominate a representative to the Hilltops Region Arts and Culture Committee.

Councillor Wallace/Horton






4. Note the resignation of Len Dopson from the Galong Progress Association Section 355 Committee.

Councillor Horton/O’Connor 18/302 RESOLVED: That Council move the following in a block;

5. Endorse the nomination of Suzie MacDougall and Edna Baker and Paula Phelan to the Galong Progress Association Section 355 Committee.

6. Endorse the Young Sports Advisory Section 355 Committee Schedule;

7. endorse Robert Everdell, Steve Brill, Peter Hall, Mark Crisp, Janine Hobson,

Trish Patterson, Kere Mayo, Kelly Meddings, Jason Hall, Peter Brown, David Webster, Cheryl Matthews, Michelle Madden, Robert Bush, Andrew McIllhatton and Paul Cameron to the Young Sports Advisory Section 355 Committee.

8. Endorse the re-establishment of the Hilltops Healthy Shires Committee.

9. Endorse Heather Ritchie, Naomi Peters, Jeanette Lautier and Donna Davis

to the Hilltops Healthy Shires Section 355 Committee.

10. Appoint Councillor Tuckerman and Councillor O’Connor, to the Hilltops Healthy Shires Section 355 Committee.

11. Endorse Alison Foreman and Rebecca Jones to the National Cherry

Festival Section 355 Committee.

12. Endorse the appoint the newly elected members of the Murringo MCA inc as members of the 355 Committee of Council for the Murringo Halls:

President – Gina Galvin; Vice President – Heather Ritchie; Secretary – Julie Downes; Treasurer – Carol Hewson; Members – Margaret Gillespie; Maureen Virgo; Tracey Jansen; Leah Coggan and Frank Baker.

13. Endorse the appointment of the newly elected members of the Galong Progress Committee; President – Paul Phelan; Vice President – Edna Baker; Secretary – John Killick Jnr; Treasurer – John Killick Snr.

Councillor Armstrong/Roles





18/303 RESOLVED: That Council; delete the following recommendation as it is now obsolete

14. Repair the Boorowa Showground race track back to its former condition prior to water and sewerage works commence as requested by the Boorowa Showground User Group meeting, 4 September 2018.

Councillors: Tuckerman/O’Connor 18/304 RESOLVED: That Council;

15. Endorse Councillor Rita O’Connor as Chairperson of the Regional Tourism Committee; schedule of meetings and locations for 2018; 14 August – Boorowa; 11 September 2018 – Young; 9 October 2018 – Harden; 13 November 2018 – Jugiong and schedule be adopted reflecting the objectives of the Hilltops Regional Tourism Committee; as requested by Regional Tourism Committee Meeting, 26 June 2018

Councillor Armstrong/Roles 18/305 RESOLVED: That Council;

16. Accept the recommendations of the Hilltops Council Local Traffic Advisory Committee meeting (noting that the rescission motion period has expired); as requested by Hilltops Council Local Traffic Advisory Committee – 5 September 2018.

18/17 – LOADING ZONE, BOOROWA CENTRAL SCHOOL, PUDMAN STREET, BOOROWA.

1. That Council not install a ‘Loading Zone’ in Pudman Street at Boorowa Central School; and

2. ‘Staff liaise with RMS to seek funding for the upgrading of the School Crossing Kerb Blister Facility to the current standard at Boorowa Central School.’

18/18 – NO PARKING, CARAVAN PARK VEHICLE ACCESS, ALBURY STREET, HARDEN. That Council; approve the installation of ‘No Parking’ regulatory signage at the vehicle access to the Caravan Park in Albury Street, vicinity of 15 metres east side and vicinity of 7 metres west side of the vehicle access.





18/19 – STOP/ GIVE WAY, WOMBAT STREET LANE, BETWEEN ALLANAN STREET and BERTHONG STREET, YOUNG. That Council; receives the report in relation to the Stop/ Give Way sign, Wombat Street Lane, Between Allanan Street and Berthong Street, Young; with no action to be taken and the situation to be monitored.

18/20 – SPEED LIMIT, MURRINGO ROAD, WESTERN APPROACH TO MURRINGO VILLAGE, MURRINGO.

1. That Council staff request RMS to undertake a speed limit review of the existing 50km/h speed limit location with the view to relocating the 50km/h speed limit west of the Murringo Creek Bridge on Murringo Road, to a suitable location so as to eliminate the braking of heavy vehicles on the concrete bridge structure; and

2. That staff provide RMS a copy of the consultant’s report for Murringo Creek Bridge. The report indicates an action that recommends reducing the speed limit to 50km/h travelling across the bridge structure.

18/21 – FREIGHT ISSUES (HILLTOPS COUNCIL LGA), HARDEN REGIONAL DEVELOPMENT CORPORATION Inc.

1. That Council staff request RMS comment in relation to the replacement of the William Bradford Bridge on Burley Griffin Way, over Demondrille Creek.

Councillors: Wallace/Roles





CLOSED COUNCIL 18/219 – EXCLUSION OF THE PRESS AND PUBLIC 18/306 RESOLVED: 1. That Council resolve into Closed Council to consider business identified,

together with any late reports tabled at the meeting. 2. That pursuant to section 10A(1)-(3) of the Local Government Act 1993, the

media 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) as outlined above.

3. That the correspondence and reports 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.

Councillors: Wallace/Roles ITEM 1: COMMERCIAL MATTER This item is classified CONFIDENTIAL under section 10A(2)(c) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following:

(d) commercial information of a confidential nature that would, if disclosed: (i) prejudice the commercial position of the person who supplied it.

ITEM 2: COMMERCIAL MATTER This item is classified CONFIDENTIAL under section 10A(2)(c) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following:


ITEM 3: COMMERCIAL MATTER This item is classified CONFIDENTIAL under section 10A(2)(c) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following:






18/220 – TENDER ASSESSMENT REPORT – LINE MARKING SERVICES PANEL 18/307 RESOLVED: That Council; establish a panel contract for the provision of Linemarking Services between September 2018 and 30 June 2020 with the following suppliers:

CL&S Pty Ltd t/a Capital Lines and Signs Workforce Road Services Pty Ltd.

Councillors: Wallace/Horton 18/221 – TENDER ASSESSMENT REPORT – S&I SAFETY BARRIER PRODUCTS (PANEL CONTRACT)

18/308 RESOLVED: That Council; establish a panel contract for the provision of Safety Barrier Product Services between September 2018 and 30 June 2020 with the following suppliers on preferred supplier basis based:

RBK Pty Ltd Euro Civil Pty Ltd Eastern Safety Barriers Group Pty Ltd A1 Highways Pty Ltd.

Councillors: Horton/Armstrong 18/222 – CONTRACT VARIATION FOR LGIS DATA MIGRATION SERVICES 18/309 RESOLVED: That Council;

1. approve the variation to the contract for software services between

Council and TechnologyOne in accordance with the terms of the Council report;

2. approve the budget variation of $654,515 in accordance with this report; and

3. that the Mayor and General Manager be authorised to execute legal documents.

Councillors: O’Connor/Tuckerman





18/310 RESOLVED: That Council move out of closed meeting. Councillors: Tuckerman/Wallace Council moved out of Closed Council and the resolutions made in Closed Council were read. NEXT MEETING The next ordinary meeting of Council scheduled to be on Wednesday, 24 October 2018, Young Chambers, commencing at 5.30pm TERMINATION There being no further business the meeting closed 9.02 pm.


24 October 2018


8

MAYORAL REPORT 27 September

2 October

3 October4 October8 October

9 October

10 October

11 October12 October13 October16 October17 October18 October

19 October

20 October21 October22-23 October24 October

RFS Workshop Hennessey PresentationConcert - HardenHarden and Boorowa - conversations with community Budget WorkshopMeeting with RFSGuest speaker at Boorowa Probus MeetingYoung Sports Advisory MeetingMeeting regarding Incubator HubJUPA MeetingLibrary Steering Committee MeetingMeeting with Kruger TrustCouncil WorkshopVice Regal Reception - YoungMeeting with Local Member Steph CookeHarden Kite FestivalInterview with Chinese MediaChinese Consul General VisitBFMC Meeting HardenSWSZ Liaison Committee Meeting - HardenCouncillor WorkshopJUPA/PRG Meeting Teleconferencewith Local Member -Pru GowardArts Opening - HardenTim Doolan Oval - HardenTravel to LGNSW Conference - AlburyLGNSW Conference - AlburyHilltops Council Ordinary Meeting - Young


24 October 2018


9

COUNCILLOR REPORT’S

Information will be provided from Councillors of meetings attended from last Hilltops Council Ordinary Meeting – 26 September 2018 – the following report has been received for information.

Councillor John Horton

26 September Harden information Centre meeting with Jan Ryan.

27 September R F H Extraordinary meeting - Harden Chambers

Community draft concept Village Plan meeting - Galong

2 October One on one meeting with Mayor - Harden Chambers

3 October Friends of dementia Coffey meeting to support sufferers - Harden

3 October Budget Workshop - Young

4 October Welcome to new General Manager at Tappas - Young

8 October Variety Liivvis Place Project Control Group Meeting - Young

Young Carrington Park revitalisation meeting.

9 October Young Cultural, Community and Educational Project Steering Committee meeting.

10 October Financial assistance/ sponsorship committee meeting - Young

Councillors Workshop/ Chamber of Commerce meeting - Young

12 October ABC Wagga Wagga Radio interview, promoting Harden Kite Festival.

St Clements welcome meet and greet dinner with key Kite Festival Kite visitors - Galong

13 October ABC Canberra Radio Interview promoting Harden Kite Festival.

Harden Kite Festival - Host to VIP's and sponsors.

17 October Chinese Consul meeting - Young

Young Neighbourhood Centre AGM.


24 October 2018


10

18 October Councillors Workshop - Young

19 October Murrumburrah/Harden Official opening of Art Show.

20 October Bob Spackman Memorial Cricket Score Board Official Opening - Harden

21 October Wombat Public School 150th Anniversary Celebrations.

Raise the Roof Rugby Choir and music recitals . Catholic Church - Harden

23 October LEP Meeting.

Harden Kite Festival analysing meeting.

24 October Hilltops Council Ordinary Meeting - Young


24 October 2018


11

GENERAL MANAGER’S REPORT 18/224 – 2019 NSW STATE ELECTION Reference: File No. F34.03 Responsible Officer: General Manager PURPOSE The purpose of this report is to for Council to endorse the collation of a local set of priorities for the upcoming 2019 State Election. REPORT The 2019 State Election will be held in March 2019. This provides an opportunity for the Hilltops Region to share a local priority list with the current Members of Parliament. This priority list should then be distributed to the current Members and through the local media as part of a local campaign of awareness in relation to regional priorities. RECOMMENDATION It is recommended that Council;

1. Endorse the development of a local priority list for the region prior to the 2019 State Election; and

2. That this list be distributed to the Hon Steph Cooke and Hon Pru Goward, MP’s.


24 October 2018


12

18/225 – GENERAL MANAGER’S DELEGATIONS Reference: File No. F28.00 Responsible Officer: Executive Director Corporate and Community PURPOSE The purpose of this report is to update the delegations of authority issued by the Council to the General Manager. REPORT In accordance with Section 377 of the Local Government Act, 1993 [as amended]; delegations of the General Manager. STATUTORY PROVISIONS The principle instrument influencing the review of the delegations to the General Manager is Section 377 of the Local Government Act 1993. In accordance with the provisions of Section 377 of the Local Government Act, A council may, by resolution, delegate to the general manager or any other person or body (not including another employee of the council) any of the functions of the council, other than the following: (a) the appointment of a general manager, (b) the making of a rate, (c) a determination under section 549 as to the levying of a rate, (d) the making of a charge, (e) the fixing of a fee, (f) the borrowing of money, (g) the voting of money for expenditure on its works, services or operations, (h) the compulsory acquisition, purchase, sale, exchange or surrender of any

land or other property (but not including the sale of items of plant or equipment),

(i) the acceptance of tenders to provide services currently provided by members of staff of the council,

(j) the adoption of an operational plan under section 405, (k) the adoption of a financial statement included in an annual financial report, (l) a decision to classify or reclassify public land under Division 1 of Part 2 of

Chapter 6, (m) the fixing of an amount or rate for the carrying out by the council of work on

private land,


24 October 2018


13

(n) the decision to carry out work on private land for an amount that is less than the amount or rate fixed by the council for the carrying out of any such work,

(o) the review of a determination made by the council, and not by a delegate of the council, of an application for approval or an application that may be reviewed under section 82A of the Environmental Planning and Assessment Act 1979,

(p) the power of the council to authorise the use of reasonable force for the purpose of gaining entry to premises under section 194,

(q) a decision under section 356 to contribute money or otherwise grant financial assistance to persons,

(r) a decision under section 234 to grant leave of absence to the holder of a civic office,

(s) the making of an application, or the giving of a notice, to the Governor or Minister,

(t) this power of delegation, (u) any function under this or any other Act that is expressly required to be

exercised by resolution of the council. Various other statutory instruments are called up in the Instrument of Delegation and these are set out in Schedule 2 of the attached Instrument of Delegation. POLICY IMPLICATIONS In addition to the statutory delegations issued to the General Manager the Instrument of Delegation also incorporates a number of Delegations that are incorporated (or will be incorporated) in the policies of Hilltops Council. FINANCIAL IMPLICATIONS There are no specific financial implications arising from this report. ATTACHMENTS

Attachment 1 - Instrument of Delegation – General Manager Hilltops Council

RECOMMENDATION

It is recommended that Council:

1. Receive and note the report on the review of delegations for the General Manager; and

2. Adopt the delegations of authority for the General Manager as detailed in the attached Instrument of Delegations and that the delegations come in to force from 10 September 2018.

HILLTOPS COUNCIL

INSTRUMENT OF DELEGATION

TO

GENERAL MANAGER

On Monday, 10 September 2018 the Hilltops Council (“Council”) resolved that:

1. All previous delegations of Functions the subject of this Instrument be revoked.

2. The person who from time to time holds the position of General Manager of Council (“General Manager”), being at the date of this instrument Edwina Marks, be delegated authority under section 377 of the LG Act, to exercise and/or perform on behalf of Council the Council’s Functions under all Legislation in force and as amended from time to time:

2.a Subject to any condition or limitation on a Function specified in Schedule 1; and

2.b Excluding those Functions:

i. that are expressly prohibited from delegation as listed under Section 377 of the LG Act;

ii. which are expressly required by legislation to be exercised by a resolution of the Council.

3. The General Manager be sub-delegated authority to exercise and/or perform on behalf of Council the Functions delegated to the Council under, and in accordance with, the instrument of delegation to the Council set out in Schedule 2, excluding those Functions which pursuant to the terms of the delegation to the Council may not be sub-delegated.

4. The General Manager be conferred authority to carry out the Policy Authorities listed in Schedule 3 and undertake any administrative actions necessary to carry out those Policy Authorities.

5. The General Manager be delegated any Function which is taken to be conferred or imposed on the Council pursuant to section 381(1) of the LG Act.

6. In the absence of the General Manager that a person appointed by resolution to act as General Manager assume all Functions, delegations, and sub-delegations of the General Manager for the period only of the absence of the General Manager unless otherwise resolved by the Council.

7. These delegations and authorities are subject to, and are to be exercised in accordance with:

a.a the requirements of the relevant Legislation;

a.b any conditions or limitations set out in Schedule 1 and Schedule 3; and

a.c any resolution or policy, procedure or budget adopted from time to time by the Council.

8. These delegations and authorities are effective from the date of the Resolution of the Council and remain in force until amended or revoked by a resolution of the Council.

9. In this delegation:

o “Functions” means powers, authorities, duties and functions and anything ancillary or related to the exercise or performance thereof.

o “Legislation” means legislation enacted by the parliament of New South Wales and the parliament of the Commonwealth of Australia, including an Act, regulation made under an Act, by-law, rule or ordinance.

o “LG Act” means the Local Government Act 1993 as amended.

Schedule 1: Policy Authorities

Code Policy Authority

CD 1 – Prepare and sign Council Correspondence

Prepare and sign all forms of Council Correspondence

CD1.1 – Sign, register Workflow letters Sign, register Workflow letters.

CD1.2 – Sign neighbour notification Sign neighbour notification.

CD1.3 - Sign Development Control Correspondence

Sign Correspondence relating to Development Control matters.

CD1.4 - Attach Signature Stamp to Neighbour Notifications (Workflow)

Stamp signature on Neighbour notification workflow letters.

CD2 -Sign Development Approvals Sign Development consents, Sect 68 Approvals,Notices and Drainage Diagrams

CD2.1 - Sign Development Consent Cl.1a and 10

Sign Development Consent Cl.1a and 10

CD2.2 - Sign Sect 149 Certs Sign Section 149 Certificates, 149A Certificates

CD2.3 - Sign Drainage Diagrams & Outstanding Notices

Sign Drainage Diagrams & Outstanding Notices Certificates

CD2.4 - Sign S68 Local Govt. Approvals

Sign S68 Local Govt. Approvals

CD3 - Authority to sign Penalty Notices, Notices and Orders

Authority to sign Penalty Notices, Notices and Orders on behalf of Council

CD4 - Authority to approve interview expenses, payment of allowances, approve conference registrations, approve travel expenses.

Authority to approve interview expenses, payment of allowances, approve conference registrations, approve travel expenses.

CD5 - Purchase of Goods and Services less than $150,000 in value

Authority to purchase Goods and Services less than $150,000 in value and within the approved budget of Council

CD5.1 - Sign Purchase Order Authority to Sign a Purchase Order for Purchases less than $150,000 in value and within the approved budget of Council.

CD5.2 - Authority to authorise extraordinary or emergency expenditure

Authority to issue a Purchase Order or Contract for amounts less than $25,000 in extraordinary oremergency services without the prior budget approval of Council.

CD5.3 - Procure or lease Plant & Equipment including Motor Vehicles

Authority to procure or lease Plant & Equipment including Motor Vehicles less than $150,000 in accordance with a Plant Replacement Program approved by Council

CD5.4 – Authority to approve expenditure not subject to the Tender

Authority to approve expenditure for statutory and other expenditure in excess of $150,000 for which the Tender Provisions of Section 55 of the

Provisions in Section 55 of the Local Government Act 1993

Local Government Act 1993 do not apply and where the expenditure has prior budget approval of Council

CD6 - Authority to sign cheques, investment instruments and authorise EFT's

Authority to sign cheques, investment instruments and authorise EFT's

CD6.1 - Administration of Council DebtCollection Policy

Administration of Council Debt Collection Policy Authority to write off rates and charges no longer due and payable in any one assessment to a maximum of $5,000 Authority to write off interest charges in any one assessment to a maximum amount of $10,000

CD8 – Authorise payment and reimbursement of expenses and the provision of facilities for Councillors in accordance with the Council policy adopted under Section 252 of the Local Government Act 1993.

Authorise payment and reimbursement of expenses and the provision of facilities for Councillors in accordance with the Council’s adopted policy for the Payment of Expenses and Provision of Facilities for Councillors.

Code Policy Authority

CD 9 – Appoint staff to Council Committees

Authority to appoint staff to Council Committees in accordance with approved Committee Guidelines.

CD10.1 – Claims against Council Instruction to Solicitors

Authority to instruct Council’s solicitors and counsel to provide legal advice on any matter concerning the Council.

CD10.2 – Claims against Council Defend Legal Proceedings

Authority to Institute, conduct and defend legal proceedings with respect to Council’s activities in all Courts.

CD 10.3 – Claims against Council Finalise Claims

Authority to negotiate, finalise and agree to termsof settlement in any proceedings commenced by or against Council in accordance with legal advice provided to Council.

CD11 - General Delegation Authority to act in accordance with any delegations specified in any policy adopted by Council and remaining in force from time to time

Schedule 2: Instrument of Delegation to Council

Legislation Aviation Transport Security Act 2004 (Cth) Function Code Function Description Delegated / Sub‐delegated To

ATS Act 000

All functions Authority to exercise and or perform on behalf of the Council the

Council’s delegable functions as an airport operator and/or an aviation

industry participant under this Act and the Regulations in force as

amended from time to time.

General Manager ‐ 10/09/2018

ATS Act 001

Transport Security Program Authority on behalf of the Council as an aviation industry participant to

undertake all functions in relation to a transport security program in

accordance with Part 2 of the Aviation Transport Security Act 2004 (Cth).


Biodiversity Conservation Act 2016 Function Code Function Description Delegated / Sub‐delegated To

BC Act 000

All functions Authority to exercise and/or perform on behalf of Council the Council's

delegable functions under this Act and the Regulations in force and as



BC Act 001

Agreements Authority on behalf of the council, being a public authority that owns or

has the control and management of Crown land or lands of the Crown,

to enter into a biodiversity stewardship agreement, conservation

agreement or wildlife refuge agreement, or a joint management

agreement.


BC Act 002

Biodiversity Offsets Authority to participate as the owner of land in the Biodiversity Offsets

Scheme, including to apply for registration of a transfer of, or to retire, a

biodiversity credit and appeal as the holder of a biodiversity credit to

the Land and Environment Court.


BC Act 003

Biodiversity certification Authority to apply for biodiversity certification, request that the

application be declared a strategic application and enter into an

agreement in connection with an application for biodiversity

certification.


BC Act 004

Biodiversity certification agreement Authority to enter into a biodiversity certification agreement and apply

to modify such an agreement. General Manager ‐ 10/09/2018

BC Act 005

Disputes Authority as a party to a biodiversity certification or biodiversity

certification agreement, to refer a dispute to the Premier. General Manager ‐ 10/09/2018

BC Act 006

Civil proceedings Authority to bring proceedings in the Land and Environment Court to

remedy or restrain a breach of the Act or regulations or Part 5A of the

Local Land Services Act 2013, or breach of a biodiversity stewardship,

private land conservation or biodiversity certification agreement.


BC Act 007

Opinion as to significant affect Authority on behalf of the council as consent authority to determine

whether development or an activity is likely to significantly affect

threatened species and hold an opinion as to whether a proposed

development is likely to have serious and irreversible impacts on

biodiversity values and be satisfied that an application for modification

of development consent will not increase the impact on biodiversity

values, in accordance with Part 7


Biodiversity Conservation Regulation 2017 Function Code Function Description Delegated / Sub‐delegated To

BC Reg 001

Biodiversity Values Map Authority to hold the opinion on behalf of the Council that land contains

vegetation connectivity features or threatened species habitat for the

purposes of inclusion in the Biodiversity Values Map.


Biosecurity Act 2015 Function Code Function Description Delegated / Sub‐delegated To

Bio Act 000

All functions Authority to exercise and/or perform on behalf of the Council as the

Local Control Authority, the Council’s delegable functions under this Act

and the Regulations in force and as amended from time to time.


Bio Act 001

Appointment of Authorised Officers Authority to appoint authorised officers in relation to weeds in

accordance with Part 22 Division 2 of the Biosecurity Act 2015. General Manager ‐ 10/09/2018

Bio Act 002

Recovery of Fees Authority to charge and recover fees charged, or costs and expenses

incurred by the Council acting as local control authority in connection

with the exercise of functions by an authorised officer appointed by the

Council, in accordance with Part 20 of the Biosecurity Act 2015.


Bio Act 003

Arrangements for joint exercise of

functions

Authority to enter into an arrangement for the joint exercise of

functions on behalf of the Council as a local control authority. General Manager ‐ 10/09/2018

Bio Act 004

Order requiring compliance with

biosecurity undertaking

Authority to apply to the Land and Environment Court for an order if a

person contravenes a biosecurity undertaking. General Manager ‐ 10/09/2018

Bio Act 005

Biosecurity Directions and

Undertakings

Authority to exercise the powers of the Secretary with respect to any

biosecurity direction given by, or any biosecurity undertaking executed

by an authorised officer appointed by the local control authority.


Bio Act 006

Exemption for watercourses Authority to exempt the whole or part of a watercourse, river or inland

water from the duty to control aquatic weeds. General Manager ‐ 10/09/2018

Bio Act 007

Revocation of Biosecurity Direction Authority to revoke or vary a biosecurity direction given by an

authorised officer appointed by the Council General Manager ‐ 10/09/2018

Bio Act 008

Certificate as to Weed Control

Notices

Authority to issue a Certificate as to weed control notices, expenses and

charges on land. General Manager ‐ 10/09/2018

Boarding Houses Act 2012 Function Code Function Description Delegated / Sub‐delegated To

BH Act 000


delegable Functions under this Act and the Regulations in force and as



BH Act 001

Power of entry Authority to authorise a person to enter a premises of a registered

boarding house for the purpose of conducting an initial compliance

investigation and issue an authority to enter premises under section 25.

Authority to recover an approved fee in association with an initial

compliance investigation in accordance with section 23.


BH Act 002

Notice of Entry Authority to give the proprietor or manager of the premises of a

registered boarding house written notice of the intention to enter the

premises in accordance with section 19 and to give a notification or use

of force or urgent entry in accordance with section 21.


BH Act 003

Reasonable use of force Authority to authorise the reasonable use of force in gaining entry to a

premises to conduct an initial compliance investigation. General Manager ‐ 10/09/2018

BH Act 004

Exchange of information Authority to enter into an information sharing arrangement with an

administrator of the Boarding Houses Act 2012. General Manager ‐ 10/09/2018

BH Act 005

Court Proceedings Authority to commence proceedings for an offence against a provision

of Part 2 (Registration of Boarding Houses) of the Boarding Houses Act

2012.


Building Products (Safety) Act 2017 Function Code Function Description Delegated / Sub‐delegated To

BP(S) Act 000

All Functions

Authority to exercise and/or perform on behalf of Council the Council's delegable functions under this Act and the Regulations in force and as amended from time to time.


BP(S) Act 001

Building Product Rectification Order Authority on behalf of the Council as a relevant enforcement agency to

make a building product rectification order, including to be satisfied on

reasonable grounds that the building is an affected building.


BP(S) Act 002

Exchange of information Authority to enter into an information sharing arrangement with the Commissioner for Fair Trading, Department of Finance, Services and Innovation.


Building Professionals Act 2005 Function Code Function Description Delegated / Sub‐delegated To

BP 008

Exchange of Information Authority to enter into an arrangement with the Building Professionals

Board for the purpose of sharing or exchanging information in

accordance with section 82A of the Building Professionals Act 2005.


BP Act 000





BP Act 001

Applications for accreditation Authority to recommend to the Building Professionals Board in respect

of an application for accreditation to carry out certification work only on

behalf of councils in accordance with section 5(1A) of the Building

Professionals Act 2005 and clause 7A of the Building Professionals

Regulation 2007.


BP Act 002

Recommendation for accreditation Authority to provide a recommendation on behalf of the Council in

respect of an application for accreditation. General Manager ‐ 10/09/2018

BP Act 003

Making complaint Authority to make a complaint, provide further particulars of the

complaint, and withdraw a complaint to the Board on behalf of Council

against an accreditation holder in respect of the accreditation holder’s

professional conduct.


BP Act 004

Conciliation of complaints Authority to undertake conciliation of a complaint on behalf of Council

with the accreditation holder the subject of the complaint upon the

recommendation of the Board to do so.


BP Act 005

Contracts for certification work Authority to execute a written contract for certification work to be done

in the name of or on behalf of the council. General Manager ‐ 10/09/2018

BP Act 006

Carrying out certification work Authority to carrying out certification work of a class prescribed by the

regulations that is done in the name of or on behalf of the council. General Manager ‐ 10/09/2018

BP Act 007

Councils to provide certain

information

Authority to provide to the Board such information as is required by the

regulations in relation to employees, or persons engaged by the council,

who perform certification work on behalf of the council.


Cemeteries and Crematoria Act 2013 Function Code Function Description Delegated / Sub‐delegated To

C&C Act 000





C&C Act 001

Cemeteries Register Authority to notify the Cemeteries Agency in relation to the Cemeteries

and Crematoria Register. General Manager ‐ 10/09/2018

C&C Act 002

Notice appeal Authority to appeal against an improvement notice issued by the

Cemeteries Agency. General Manager ‐ 10/09/2018

C&C Act 003

Comply with Notice / Order Authority to take any actions to comply with an improvement notice in

accordance with section 33 or short term order in accordance with

section 36 issued by the Cemetery Agency. Authority to give, withdraw

or vary an enforceable undertaking in accordance with section 39 and

report to the Cemeteries Agency as required by a notice in accordance

with section 41.


C&C Act 004

Interment right Authority to grant or renew, transfer to another person or transfer to

the cemetery operator, an interment right. General Manager ‐ 10/09/2018

C&C Act 005

Cemetery Operators Register Authority to keep and amend the cemetery operator's register in

accordance with section 63 and make a copy of an entry in the register

available in accordance with 63(10).


C&C Act 006

Heritage Advisory Committee Authority to establish a heritage advisory committee, and appoint a

chairperson of the committee, in accordance with section 69. General Manager ‐ 10/09/2018

C&C Act 007

Advice of committee Authority to seek advice of the heritage advisory committee in

accordance with section 69(2). General Manager ‐ 10/09/2018

C&C Act 008

Conversion of Cemeteries Authority to exercise the council's functions under Schedule 4

(Conversion of Cemeteries) including considering and determining

objections and making an application to the Minister that the whole or

any part of the land referred to in a resolution of council under clause 3

be declared as a public park and authority to determine to preserve, or

remove and preserve or dispose of a monument in accordance with the

relevant provisions.


Children (Protection and Parental Responsibility) Act 1997 Function Code Function Description Delegated / Sub‐delegated To

CPPR Act 000





CPPR Act 001

Operational Area Authority to request the Attorney General to declare (or revoke a

declaration) that an area is an operational area for the purposes of

Division 2 of Part 3.


CPPR Act 002

Prepare draft Crime Prevention Plan Authority to prepare a draft local crime prevention plan for the council's

area General Manager ‐ 10/09/2018

CPPR Act 003

Prepare draft Crime Prevention Plan Authority to request assistance from the Attorney‐General in preparing

draft plan General Manager ‐ 10/09/2018

CPPR Act 004

Prepare draft Crime Prevention Plan Authority to publicise the intention to prepare a draft plan and seek and

consider submissions on intention to prepare draft plan General Manager ‐ 10/09/2018

CPPR Act 005

Prepare draft Crime Prevention Plan Authority to place draft plan on public exhibition General Manager ‐ 10/09/2018

CPPR Act 006

Prepare draft Crime Prevention Plan Authority to seek and consider submissions on draft plan General Manager ‐ 10/09/2018

CPPR Act 007

Prepare draft Crime Prevention Plan Authority to adopt draft plan with or without amendments General Manager ‐ 10/09/2018

CPPR Act 008

Prepare draft Crime Prevention Plan Authority to amend or revoke plan General Manager ‐ 10/09/2018

CPPR Act 009

Prepare draft Crime Prevention Plan Authority to request the Attorney‐General to approve a draft Local

Crime Prevention Plan or adopted Local Crime Prevention Plan as a safer

community compact


CPPR Act 010

Apply for financial assistance Where there is or is proposed to be a safer community compact for a

council's area, authority to apply to the Attorney General for financial

assistance in accordance with section 40.


Civil Aviation Act 1988 (Cth) Function Code Function Description Delegated / Sub‐delegated To

CA Act 000

All functions Authority to exercise and perform on behalf of the Council the Council’s

delegable functions under the Civil Aviation Act 1988, Civil Aviation

Regulations 1988 and Civil Aviation Safety Regulations 1998, as



CA Act 001

Civil Aviation Authorisation Authority on behalf Council as the operator of an aerodrome to

undertake all functions in relation to any necessary civil aviation

authorisation as amended from time to time.


Commons Management Act 1989 Function Code Function Description Delegated / Sub‐delegated To

CM Act 000





CM Act 001

Manage affairs of trust Authority to decide whether to accept appointment to manage affairs of

trust General Manager ‐ 10/09/2018

Community Land Development Act 1989 Function Code Function Description Delegated / Sub‐delegated To

CLD Act 000





CLD Act 001

Compliance Certificate ‐ Community

Development and Precinct Land

Authority to grant a certificate in relation to the subdivision of a

community development lot by a community plan of subdivision or

subdivision of a precinct development lot by a precinct plan of

subdivision in accordance with sections 8(4)(a) and 12(4)(a) respectively.

Authority to issue a certificate signifying consent to the conversion of a

community development lot to community property or neighbourhood

lot to neighbourhood property under Schedule 6(1)(c) and Schedule


7(1)(c) respectively, or a certificate signifying consent to severing a

community development lot from a community scheme, or a precinct

development lot from a precinct scheme under Schedule 8(1)(b).

CLD Act 002

Development Contracts Authority to certify a development contract in accordance with section

26(5) and approve the registration of an amendment of a development

contract in accordance with section 27(2)(b)


CLD Act 003

By‐laws Authority to request that a community management statement or

neighbourhood management statement includes specified by‐laws. General Manager ‐ 10/09/2018

CLD Act 004

Variation or termination of schemes Authority to represent the council as a party to Supreme Court

proceedings to vary or terminate a scheme under sections 70 and 71,

and authority to consent to the termination of a neighbourhood scheme

under section 72.


Community Land Management Act 1989 Function Code Function Description Delegated / Sub‐delegated To

CLM Act 000





CLM Act 001

Amendment of Development

Contract

Authority to approve the amendment of a development contract and

grant a development consent compliance certificate. General Manager ‐ 10/09/2018

Companion Animals Act 1998 Function Code Function Description Delegated / Sub‐delegated To

CA Act 000





CA Act 001

Notice Requiring registration Authority to issue a notice requiring a companion animal to be

registered. General Manager ‐ 10/09/2018

CA Act 002

Companion Animals killed by Traffic Authority to act in relation to companion animals killed by traffic. General Manager ‐ 10/09/2018

CA Act 003

Appointment of authorised officers Authority to authorise an employee of the council as an authorised

officer and provide the person with an identification card under section

69F of the Companion Animals Act 1998


CA Act 004

Off‐leash Area Authority to declare a public place to be an off‐leash area in accordance

with section 13(6). General Manager ‐ 10/09/2018

CA Act 005

Prohibition in public places Authority to make orders prohibiting dogs from recreation areas, public

bathing areas, shopping areas and wildlife protection areas and to

prohibit cats from wildlife protection areas


CA Act 006

Revoke declaration Authority to revoke a dangerous dog declaration in accordance with

section 39 and revoke a declaration by an authorised officer that a dog

is a restricted dog in accordance with section 58D and give notice of

revocation or of non‐revocation.


CA Act 007

Act in Court proceedings Authority to act in any local court appeal proceedings in relation to

companion animals, including appeal proceedings against the making of

a dangerous dog declaration or refusal to revoke a dangerous dog

declaration and an appeal to the District Court against disqualification

from owning a dog or cat.


CA Act 008

Commence Court Proceedings Authority, subject to the General Manager's consent, to institute and

carry on proceedings in the Local Court for an offence against the

Companion Animals Act 1998


CA Act 009

Unclaimed seized or surrendered

animals

Authority to sell or destroy unclaimed seized or surrendered animals,

and recover fees, charges and expenses from an owner General Manager ‐ 10/09/2018

CA Act 010

Arrangement with Departmental

Chief‐Executive

Authority to enter into an agreement or arrangement with the

Departmental Chief Executive in accordance with section 83J. General Manager ‐ 10/09/2018

CA Act 012

Fees Authorise any fee or charge payable under this Act: (a) to be paid by instalments, and (b) to be reduced or waived in respect of persons in receipt of a pension,

benefit or allowance under the Social Security Act 1991 of the

Commonwealth.


CA Act 013

Notify nuisance dog or cat order Authority to notify Director General of issuing of nuisance dog or cat

order General Manager ‐ 10/09/2018

CA Act 014

Destroy animal Authority to destroy dog seized in transition period General Manager ‐ 10/09/2018

CA Act 015

Detain animal Authority to detain animal which is being investigated or is the subject

of proceedings General Manager ‐ 10/09/2018

Companion Animals Regulation 2018 Function Code Function Description Delegated / Sub‐delegated To

CA Regulation 001

Registration Agent Authority to act on behalf of Council as a registration agent for the

purposes of companion animals registration including serving a notice

requiring an animal to be registered under clause 24 of the Regulation.


Contaminated Land Management Act 1997 Function Code Function Description Delegated / Sub‐delegated To

CLMM Act 000





CLMM Act 001

Management Orders Authority, where the Council is the subject of a management order or

approved voluntary management proposal made under Part 3 of the

CLM Act, to carry out, or cause to be carried out, any requirement of

such an order or proposal.


CLMM Act 002

Voluntary management proposals Authority to prepare and submit a voluntary management proposal to

the EPA for contaminated land owned by Council General Manager ‐ 10/09/2018

CLMM Act 003

Costs Authority to issue a notice requiring payment of any reasonable costs

incurred by Council in carrying out the requirements of an investigation

or remediation order, including the entry into an arrangement for the

payment of those costs, and apply to Registrar General to register a

costs notice and to remove such notice


CLMM Act 004

Disputes between EPA and public

authorities

Authority to refer a dispute between the EPA and Council to the Premier

for settlement in accordance with this section 102 General Manager ‐ 10/09/2018

Conveyancing Act 1919 Function Code Function Description Delegated / Sub‐delegated To

C Act 000





C Act 001

Restrictions on use of land and public

positive covenants (land held by

prescribed authority)

Authority to, by order, impose restrictions on the use of or impose

public positive covenants on any prescribed land vested in the council,

and vary any such restriction or covenant and rescind or revoke any

such order, in accordance with section 88D.


C Act 002

Restrictions on use of land and public

positive covenants (land NOT held by

prescribed authority)

Authority to impose restrictions on the use of land or impose a public

positive covenant on any land not vested in the council in accordance

with section 88E.


C Act 003

Effect of certain positive covenants Authority to, on behalf of the council as the prescribed authority with

the benefit of a public positive covenant over land, inspect the land,

insure a structure, carry out development, recover expenses incurred

and apply for registration of a charge over land in accordance with

section 88F.


C Act 004

Certificate of amount due Authority to issue a certificate of amount due in accordance with

section 88G. General Manager ‐ 10/09/2018

C Act 005

Enforcement of Covenants Authority to apply to the Court on behalf of the council as a prescribed

authority, to enforce a covenant imposing a restriction on the use of

land or a positive covenant by seeking an injunction in accordance with

section 88H, or for an order that the land be conveyed or transferred to

the authority in accordance with section 88I or for an order requiring

the delivery of any deed, certificate of title or other instrument relating

to the title to the land in accordance with section 88J.


Dams Safety Act 1978 Function Code Function Description Delegated / Sub‐delegated To

DS Act 000





DS Act 001

Consent to use of Council facilities or

services

Authority to approve the use of council facilities or services by the

Committee General Manager ‐ 10/09/2018

DS Act 002

Enter arrangements Authority to enter arrangements or agreements with the Committee General Manager ‐ 10/09/2018

Dangerous Goods (Road and Rail Transport) Act 2008 Function Code Function Description Delegated / Sub‐delegated To

DG Act 000


delegable functions under this Act and the Regulations made under this

Act in force and as amended from time to time.


DG Act 001

Costs Recovery Authority to recover costs and expenses incurred or the amount of loss

or damage suffered in connection with an incident in accordance with

the Dangerous Goods (Road and Rail Transport) Act 2008.


Disability Inclusion Act 2014 Function Code Function Description Delegated / Sub‐delegated To

DI Act 001

Agreement Authority to enter into an agreement about financial assistance. General Manager ‐ 10/09/2018

DI Act 2014

All Functions Authority to exercise and/or perform on behalf of Council the Council's

delegable functions under this Act and any Regulation made under this

Act in force from time to time.


Electricity Supply Act 1995 Function Code Function Description Delegated / Sub‐delegated To

ES Act 000





ES Act 001

Submissions re electricity works Authority to make submissions to the network operator in relation to

the erection, installation, extension, alteration, maintenance and

removal of electricity works.


ES Act 002

Damage by network operator Authority to require a network operator to make good any damage

caused to a public road or public reserve by any work carried out by a

network operator, to carry out such work if the network operator fails

to carry out appropriate work in accordance with any such requirement,

and to recover the costs of carrying out the work in accordance with

section 46 of the Electricity Supply Act 1995.


Environmental Planning and Assessment Act 1979 Function Code Function Description Delegated / Sub‐delegated To

EPA Act 000





EPA Act 001

LEP Planning Proposals Authority to carry out the steps associated with the making of a local

environmental plan, as the planning proposal authority, including

preparing a planning proposal, requiring the owner to carry out studies

or provide other information or pay the costs of the authority, carrying

out community consultation and forwarding a planning proposal to the

Minister (or the Greater Sydney Commission), in accordance with Part 3,

Division 3.4 of the EP&A Act.


EPA Act 002

Prepare DCP Authority to prepare, on behalf of the council as the relevant planning

authority, a development control plan in accordance with Division 3.6. General Manager ‐ 10/09/2018

EPA Act 004

Determination of DA Authority to carry out all functions of the council as consent authority

associated with the assessment and determination of an application for

development consent including the imposition of conditions, reducing

the period in which a development consent lapses and being satisfied in

relation to specified matters in relation to bushfire prone land.

This includes the authority to carry out all functions, and to be satisfied

on behalf of the Council of the requirements, in regards to the

administration, assessment and determination of a development

application under the Council’s Local Environmental Plan. It also

includes authority to determine whether a proposed development is

likely to significantly affect threatened species, to hold an opinion that a

proposed development is likely to have serious and irreversible impacts

on biodiversity values and to impose conditions requiring the retirement

of biodiversity credits in accordance with section 7.13 of the Biodiversity

Conservation Act 2016.


EPA Act 005

Determinations and decisions subject

to review

Authority to conduct a review of a determination of an application for

development consent, the modification of a development consent and

the decision of a council to reject and not determine an application for

development consent.


EPA Act 007

Complying Development Authority to evaluate and determine an application for complying

development in accordance with section 4.28 and modification of a

complying development certificate in accordance with section 4.30.


EPA Act 008

Crown Development Authority to determine a Crown development application or refer such

an application to the applicable regional panel and otherwise deal with

Crown Development applications in accordance with Division 4.6 of the

EP&A Act, including to submit information to a panel or the Minister of

Planning and Infrastructure and to comply with a direction of the

Minister for Planning and Infrastructure under section 4.34.


EPA Act 009

Extension of lapsing period Authority to determine an application for a 1‐year extension of a

consent in accordance with section 4.54. General Manager ‐ 10/09/2018

EPA Act 010

Voluntary Planning Agreements Authority to enter into, or agree to the revocation or amendment of, a

voluntary planning agreement in accordance with Division 7.1,

Subdivision 2. Authority to execute Voluntary Planning Agreements on behalf of

Council where agreement approved by council resolution


EPA Act 011

Developer Contributions Authority to impose conditions of development consent imposing

developer contributions General Manager ‐ 10/09/2018

EPA Act 012

Preparation of contributions plan Authority to prepare a draft contributions plan in accordance with

section 7.18 General Manager ‐ 10/09/2018

EPA Act 013

Application for Modification Authority to determine an application for modification of a consent, in

accordance with section 4.55 or 4.56 and to form the opinion that a

modification is of minimal environmental impact.


EPA Act 015

Revocation or modification of

consent

Authority to revoke or modify a development consent in accordance

with section 4.57. General Manager ‐ 10/09/2018

EPA Act 016

Building and Subdivision Certificates Authority to issue Part 6 Certificates in accordance with Part 6 of the

EP&A Act and all associated and ancillary functions including to require

additional information.


EPA Act 017

Principal Certifier Authority to act on behalf of the council as the principal certifier

appointed in respect of building or subdivision work under Part 6. General Manager ‐ 10/09/2018

EPA Act 018

Agreement as to work Authority to reach agreement on behalf of the consent authority with an

applicant for a subdivision certificate in circumstances where the work

has not yet been completed, in accordance with section 6.15(2)(c).


EPA Act 019

Part 5 consideration Authority, on behalf of the council as the determining authority in

relation to an activity under Part 5, to examine and take into account to

the fullest extent possible all matters affecting or likely to affect the

environment by reason of that activity in accordance with section

5.5 and Part 7 of the Biodiversity Conservation Act 2016.


EPA Act 020

Activities for which EIS required Authority to determine whether to grant an approval in relation to an

activity to which Division 5.1 Subdivision 3 (where an EIS is required)

applies.


EPA Act 021

Appointment of Investigation Officers Authority to appoint a person as a Council Investigation Officer for the

purposes of Division 9.2 and to authorise a person to be an Authorised

Person for the purposes of section 9.58 (Penalty notices as to certain

offences).


EPA Act 022

Investigation Authority powers Authority to exercise and/or perform on behalf of Council the Council's

delegable Functions as an “investigation authority” under Division 9.2,

including: Authority to give the owner or occupier of premises written

notice of the intention of an investigation officer to enter the premises,

in accordance with section 9.17. Authority to authorise in writing (either

generally on in a particular case) entry without notice if entry is required

urgently in accordance with section 7.17(4)(d). Authority to give notice

that an investigation officer used force for the purpose of gaining entry

to premises in accordance with section 9.21(2). Authority to require a

corporation to nominate a director or officer of the corporation in

accordance with section 9.23(2). Authority to give the owner or occupier

of premises written notice requiring the owner/occupier to provide

reasonable assistance and facilities to an investigation officer in

accordance with section 9.27. Authority to recover the reasonable costs

of entry and inspection from the owner or occupier of the premises in

accordance with section 9.29.


EPA Act 026

Settlement of disputes Authority to submit a dispute to the Premier or the Minister for Planning

and Infrastructure for settlement in accordance with section 10.2 General Manager ‐ 10/09/2018

EPA Act 027

Development Control Orders Authority to exercise Council's functions under Division 9.3 and

Schedule 5 as the relevant enforcement authority in relation to

Development Control Orders.


EPA Act 031

Development Control Orders

(representations and determinations)

Authority to hear and consider representations as a nominated person

and determine to give an order in accordance with the proposed order

or in accordance with modification or not to give an order.


EPA Act 033

Compliance Cost Notices Authority on behalf of the relevant enforcement authority that gives a

Development Control Order to serve on the other person a compliance

cost notice and to recover any unpaid amount as a debt in accordance

with Schedule 5, clause 37.


EPA Act 035

Enforcement of orders by cessation

of utilities

Authority to make application, or instruct the Council’s lawyers, to make

an application, to the Local Court or the Land & Environment Court for

an order directing that a provider of water, electricity or gas to cease to

provide those services


EPA Act 036

Restraint of breaches Authority to commence and conduct court proceedings to remedy or

restrain a breach of the EP&A Act, in accordance with section 9.45. General Manager ‐ 10/09/2018

EPA Act 037

Proceedings for offences Authority to commence and conduct proceedings for an offence against

the EP&A Act or Regulations in accordance with section 9.57 General Manager ‐ 10/09/2018

EPA Act 039

Planning Certificates Authority to issue a planning certificate in accordance with section

10.7 of the EP&A Act. General Manager ‐ 10/09/2018

EPA Act 040

Building Certificates Authority to decide to issue a building certificate in accordance with

sections 6.26 General Manager ‐ 10/09/2018

EPA Act 041

Imposition of Conditions Authority to accept payment of security, by way of either a deposit or

bank guarantee, authorise the drawing of any monies paid as security

and authorise the release of any payment of security by an applicant

pursuant to a condition of development consent imposed


EPA Act 042

Special Infrastructure Contributions Authority to seek the consent of the Minister to accept, and to accept,

the dedication of land or provision of material public benefit in

satisfaction of a special infrastructure contribution condition imposed

by the Minister


EPA Act 043

Local infrastructure contributions Authority to accept the dedication of land or the provision of a material

public benefit in part or full satisfaction of a condition imposed under

section 7.11(1) or (3) and to determine applications for refunds of, or

credit for contributions or levies imposed as conditions of development

consent.


EPA Act 044

Revocation or regrant of

development consents after order of

Court

Authority to revoke a development consent to which an order of

suspension applies, and to regrant the consent. General Manager ‐ 10/09/2018

EPA Act 045

Paper Subdivisions Authority to carry out all delegable functions of the council as a relevant

authority designated by a subdivision order General Manager ‐ 10/09/2018

EPA ACT 046

Enforcement of undertakings Authority to recommend that the Planning Secretary accept an

undertaking that the planning authority has negotiated. General Manager ‐ 10/09/2018

EPA Act 047

Variations to development standards Authority to assume the concurrence of the Secretary of the

Department of Planning and Environment under clause 4.6(4)(b) of the

Standard Instrument Principal Local Environmental Plan, in accordance

with the Notice issued by the Secretary dated 21 February 2018 which is

attached to Planning Circular PS18‐003.


Environmental Planning and Assessment Regulation 2000 Function Code Function Description Delegated / Sub‐delegated To

EPA Reg 001

Costs and expenses of studies Authority to negotiate and sign an agreement on behalf of the council as

the relevant planning authority with a person who requests the

preparation of a planning proposal for the payment of the costs and

expenses incurred by the authority in undertaking studies and other

matters required in relation to the planning proposal in accordance with

clause 11 of the Regulations.


EPA Reg 003

Additional Information for DCP Authority to request the owner of land to provide additional

information for the purposes of making a development control plan

(where an environmental planning instrument requires or permits such

a plan to be prepared and submitted to the relevant planning authority)

in accordance with clause 25.


EPA Reg 004

Rejection of DA Authority to reject a development application in accordance with clause

51. General Manager ‐ 10/09/2018

EPA Reg 005

Request for Additional Information Authority to request the applicant for development consent to provide

it with such additional information about the proposed development as

it considers necessary to its proper consideration of the application in

accordance with clause 54.


EPA Reg 006

Amendment of DA Authority to agree to the amendment of a development application in

accordance with clause 55. General Manager ‐ 10/09/2018

EPA Reg 007

Replacement Applications Authority to decide to dispense with compliance with Part 6 Division 7

of the Regulations (in relation to public participation ‐ other advertised

development).


EPA Reg 008

Notice of voluntary surrender Authority to carry out all functions of the Council as consent authority

associated with the determination of a notice of voluntary surrender. General Manager ‐ 10/09/2018

EPA Reg 009

Refund for withdrawal Authority to refund to the applicant the whole or any part of any

application fee paid in connection with an application what has been

withdrawn.


EPA Reg 010

Competent Fire Safety Practitioners Authority on behalf of the Council as a building owner to give a written

opinion that a person is a competent fire safety practitioner. General Manager ‐ 10/09/2018

Fines Act 1996 Function Code Function Description Delegated / Sub‐delegated To

Fines Act 000





Fines Act 001

Internal Review Authority to exercise the Council's functions as a reviewing agency

under Part 3, Division 2A of the Fines Act 1996 including to decide not to

conduct an internal review and take other such action as the delegate

sees fit, in accordance with section 24B, conduct a review (provided the

delegate was not involved in making the decision that is the subject of

the review) in accordance with section 24C and 24E, serve a penalty

reminder notice in accordance with section 24F, request additional

information from the applicant in accordance with section 24D, give an

official caution in accordance with section 24G.


Fire Brigades Act 1989 Function Code Function Description Delegated / Sub‐delegated To

FB Act 000





FB Act 001

Payment of Fire Brigades

Contributions

Authority to make arrangements for the payment of fire brigade

contributions in accordance with Part 5, Divisions 3 and 5 of the Fire

Brigades Act 1989.


Fisheries Management Act 1994 Function Code Function Description Delegated / Sub‐delegated To

FM Act 000





FM Act 001

Access ways over leased areas Authority (where a leased area is vested in the council) to exercise the

functions of the Minister under section 175 to determine an application

for an access way over a leased area.


FM Act 002

Consent to declaration of aquatic

reserve

Authority to consent to declaration of aquatic reserve in the case of

public water land vested in council General Manager ‐ 10/09/2018

FM Act 003

Notify Minister Authority to notify Minister of function proposed to be exercised

inconsistent with habitat protection plan General Manager ‐ 10/09/2018

FM Act 004

Dredging and Reclamation work Authority to apply for a permit to carry out dredging or reclamation

work from the Minister and if dissatisfied, appeal such a decision to the

Land and Environment Court.


FM Act 005

Notify Minister Authority to notify Minister of proposed construction or alteration to

dam, weir etc General Manager ‐ 10/09/2018

FM Act 006

Make submissions Authority to make submissions in respect of critical habitat

identifications General Manager ‐ 10/09/2018

Fluoridation of Public Water Supplies Act 1957 Function Code Function Description Delegated / Sub‐delegated To

FPWS Act 000





FPWS Act 001

Fluorine to public water supplies Authority to carry out the council's functions under the Fluoridation of

Public Water Supplies Act 1957 and Fluoridation of Public Water

Supplies Regulation 2007 including authority to apply to the Secretary of

the Department of Health for approval to add fluorine to any public

water supply under Councils control and to add fluorine to such water

supply in accordance with such approval or direction, the Act and

Regulation


Food Act 2003 Function Code Function Description Delegated / Sub‐delegated To

Food Act 006

Food Safety Programs Priority classification system and frequency of auditing: authority to

determine the priority classification of individual food businesses for the

purposes of any food safety program, and to determine the frequency

of auditing of any food safety programs.


Food Act 000





Food Act 001

Seized items Authority to deal with items seized by an authorised officer, in

accordance with Part 4 Division 2. General Manager ‐ 10/09/2018

Food Act 002

Prohibition Notice and Certificate of

Clearance

Authority to serve a prohibition notice or give a certificate of clearance

in accordance with section 60 General Manager ‐ 10/09/2018

Food Act 003

Compensation Authority to determine an application for compensation in relation to a

prohibition order and, if it is determined to grant compensation, to

authorise the payment of such compensation in accordance with section

66


Food Act 004

Fees and charges Authority to exercise the powers of the Council in its capacity as

enforcement agency in relation to fees and charges, being to waive the

requirement to pay a fee, or extend the time for payment of a fee, in

respect of an improvement notice in accordance with section 66AA of

the Food Act 2003, to increase the charge or reduce or waive payment

of a charge in accordance with clause 14(4), and to issue a notice

imposing an annual administration charge, extend the time for payment

of the charge or reduce or waive payment of the charge, in accordance

with clause 15 of the Food Regulation 2015.


Food Act 005

Appointment of Authorised Officer Authority for an enforcement agency to appoint a person as an

authorised officer if the enforcement agency considers the person has

appropriate qualifications or experience to exercise the functions of an

authorised officer.


Food Act 007

Court proceedings Authority to act in relation to proceedings to review a decision to refuse

a certificate of clearance. General Manager ‐ 10/09/2018

Food Act 008

Institute proceedings Authority to institute and carry on proceedings for an offence against

the Food Act 2003 or the regulations. General Manager ‐ 10/09/2018

Food Act 009

Authority to Sub‐Delegate Authority to sub‐delegate a function of the Food Authority delegated by

the Food Authority if authorised in writing to do so by the Food

Authority.


Food Act 010

Delegated Powers Authority for an Authorised Officer to carry out any function of the NSW

Food Authority delegated and sub‐delegated in accordance with section

109E.


Food Act 011

Consent to Delegation Authority to provide consent in writing to the Food Authority to the

delegation of a function(s) of the NSW Food Authority. General Manager ‐ 10/09/2018

Food Act 012

Appointment of Authorised Officer Authority to appoint a person as an Authorised Officer for the purposes

of the Food Act 2003 and provide each Authorised Officer appointed

with a certificate of authority as an Authorised Officer under section

115.


Food Act 013

Legal Proceedings Authority to commence proceedings for an offence under the Food Act

or Regulations General Manager ‐ 10/09/2018

Game and Feral Animal Control Act 2002 Function Code Function Description Delegated / Sub‐delegated To

GFAC Act 000





GFAC Act 001

Recommending land be available for

hunting

Authority to make recommendations in respect of land under control of

council General Manager ‐ 10/09/2018

Gas Supply Act 1996 Function Code Function Description Delegated / Sub‐delegated To

GS Act 000





GS Act 001

Damage to be made good Authority to require a network operator to make good any damaged

caused by the network operator to a public road or public reserve, carry

out or arrange for the work to be carried out if the network operator

fails to carry out appropriate work in accordance with any such

requirement, and recover any costs incurred in accordance with section

48.


GS Act 002

Make submissions Authority to make submissions in respect of proposed gas works General Manager ‐ 10/09/2018

Geographical Names Act 1966 Function Code Function Description Delegated / Sub‐delegated To

GN Act 000





GN Act 001

Make submissions Authority to make submissions to the Board in respect of proposed

names or changes to names General Manager ‐ 10/09/2018

Government Information (Public Access) Act 2009 Function Code Function Description Delegated / Sub‐delegated To

GIPA Act 000





GIPA Act 001

Overriding Public Interest Against

Disclosure

Authority to decide whether there is an overriding public interest

against disclosure for the purposes of sections 6‐9, 32(1)(d), 58(1)(d)

and (f)


GIPA Act 002

Authorised Proactive release of

information

Authority to make any government information held by the council

publicly available unless there is an overriding public interest against

disclosure of the information.


GIPA Act 003

Informal release of information Authority to release government information held by it to a person in

response to an informal request by the person (that is, a request that is

not an access application) unless there is an overriding public interest

against disclosure of the information.


GIPA Act 004

Validity of application Authority to decide whether the application is a valid access application

and notify the applicant of its decision in accordance with sections 51,

51A and 52


GIPA Act 005

Consultation Authority to consult with a person before providing access to

information relating to the person and decide whether information

about a person consulted under this section is likely to be included in

the agency’s disclosure for the purposes of giving a written notice to the

person, in accordance with section 54


GIPA Act 006

Personal factors of the application Authority to require an applicant to provide evidence concerning any

personal factors of the application that were relevant to a decision by

the agency that there was not an overriding public interest against

disclosure of the information.


GIPA Act 007

Deciding access applications Authority to decide an access application and give the applicant notice

of the decision in accordance with section 9 and Part 4, Division 4

(sections 57 – 63).


GIPA Act 008

Processing charge Authority to carry out the functions of the Council as an agency under

the Government Information (Public Access) Act 2009 which are

provided for in Part 4, Division 5 (sections 64‐71) of the Government

Information (Public Access) Act 2009 in accordance with those sections,

including the following functions:

• To impose or waive a processing charge, or discounted processing

charge, for dealing with an access application,

• to require the applicant to make an advance payment of a processing

charge

• to refuse to deal further with an access application if the applicant has

failed to pay an advance deposit within the time required for payment.


GIPA Act 009

Deferral of access Authority to defer access to information where the Council has decided

to provide access in response to an access application, in accordance

with section 78.


GIPA Act 010

Application for Internal review Authority to agree to accept an application for internal review out of

time. General Manager ‐ 10/09/2018

GIPA Act 011

Conduct of Internal Review Authority to determine an application for internal review of a decision

of the Council and give the applicant notice of the decision in

accordance with Part 5, Division 2.


GIPA Act 012

Review by Information Commissioner Authority, pursuant to a recommendation by the Information

Commissioner, to reconsider a decision and make a new decision in

accordance with section 93.


GIPA Act 013

Waiver, reduction or refund of fees

and charges

Authority to waive, reduce or refund any fee or charge payable or paid

under the Government Information (Public Access) Act 2009 in any case

that the delegate thinks appropriate.


GIPA Act 014

Confidential information in register Authority to decide whether or not to include information in the register General Manager ‐ 10/09/2018

Graffiti Control Act 2008 Function Code Function Description Delegated / Sub‐delegated To

GC Act 000





GC Act 001

Graffiti Removal Work Authority to carry out graffiti removal work with consent of owner or

occupier of private land or without such consent where graffiti visible

from public place.


Growth Centres (Development Corporations) Act 1974 Function Code Function Description Delegated / Sub‐delegated To

GCDC Act 000





GCDC Act 001

Agreements Authority to negotiate an agreement with a development corporation in

accordance with section 19 or 30. General Manager ‐ 10/09/2018

GCDC Act 002

Disputes Authority to submit a dispute between the council and a development

corporation to the Minister for Planning & Infrastructure in accordance

with section 32.


Heavy Vehicle National Law (NSW) and Heavy Vehicle (Adoption of National Law) Act 2013 Function Code Function Description Delegated / Sub‐delegated To

HV Act 000

All Functions All functions ‐ Authority to exercise and/or perform on behalf of

Council as the "road manager" the Council's delegable Functions under

this Act and the Regulations in force and as amended from time to

time.


Heritage Act 1977 Function Code Function Description Delegated / Sub‐delegated To

Heritage Act 000





Heritage Act 001

Interim heritage orders Authority (where authorised by the Minister for Heritage in accordance

with section 25) to make an interim heritage order for a place, building,

etc in the council’s area that the delegate considers may, on further

inquiry or investigation, be found to be of local heritage significance,

and that the delegate considers is being or is likely to be harmed, in

accordance with Part 3 of the Heritage Act 1977. Authority to revoke an

interim heritage order in accordance with section 29(4)


Heritage Act 002

Exemption from approval Authority to grant an exemption from section 57(1) by causing an order

to be published in the government gazette General Manager ‐ 10/09/2018

Heritage Act 003

Applications for approval Authority to give public notice of, and determine, an application for

approval in relation to an item of environmental heritage in accordance

with Part 4, Division 3, and to modify an approval in accordance with

section 65A


Heritage Act 004

Request Heritage Council Authority to recommend to Minister listing of item on State Register General Manager ‐ 10/09/2018

Heritage Act 005

Make submissions to Heritage

Council

Authority to make submissions to Heritage Council on proposed

recommendation for listing of item on State Register General Manager ‐ 10/09/2018

Heritage Act 006

Request Heritage Council Authority to recommend to Minister removal of listing of item on State

Register and make submissions to Heritage Council in respect of a

proposed recommendation to remove listing of item


Heritage Act 007

Make submissions to Heritage

Council

Authority to make submissions to Heritage Council regarding item of

environmental heritage worthy of conservation General Manager ‐ 10/09/2018

Heritage Act 008

Refer a submission Authority to refer a submission objecting to identification of item as of

heritage significance in local environmental plan to a panel General Manager ‐ 10/09/2018

Holiday Parks (Long-term Casual Occupation) Act 2002 Function Code Function Description Delegated / Sub‐delegated To

HPLTCO Act 000





HPLTCO Act 001

All functions Authority to exercise and/or perform all functions of the council as park

owner General Manager ‐ 10/09/2018

Housing Act 2001 Function Code Function Description Delegated / Sub‐delegated To

Housing Act 000





Housing Act 001

Enter into arrangements etc Authority to enter into arrangements or agreements with corporation General Manager ‐ 10/09/2018

Impounding Act 1993 Function Code Function Description Delegated / Sub‐delegated To

Imp Act 000





Imp Act 001

Appointment of Impounding Officer Authority to appoint a person as an impounding officer within the

meaning of the Impounding Act 1993 General Manager ‐ 10/09/2018

Imp Act 002

Functions of an Impounding

Authority

Authority to carry out the functions of the Council as an impounding

authority in relation to how impounded items are to be dealt with General Manager ‐ 10/09/2018

Imp Act 003

Court proceedings Authority to represent the Council in relation to appeals against

proceedings for offences, applications for review to the Administrative

Decisions Tribunal.


Imp Act 004

Authorisation of Authorised Person Authority to authorise a person with special powers to destroy animals. General Manager ‐ 10/09/2018

Inclosed Lands Protection Act 1901 Function Code Function Description Delegated / Sub‐delegated To

ILP Act 000





ILP Act 001

Request Authority to request person to leave inclosed land owned or occupied

by Council General Manager ‐ 10/09/2018

ILP Act 002

Destroy animal Authority to destroy goat trespassing on inclosed land owned or

occupied by Council General Manager ‐ 10/09/2018

ILP Act 003

Unlawful re‐entry on inclosed lands Authority to give a re‐entry prohibition as the responsible authority for

an organised event in accordance with section 4AA of the Inclosed Lands

Protection Act 1901.


Independent Pricing and Regulatory Tribunal Act 1992 Function Code Function Description Delegated / Sub‐delegated To

IPART Act 000





IPART Act 001

Arrangements with other entities Authority to enter into arrangement with Tribunal for provision of

assistance to or by the Tribunal General Manager ‐ 10/09/2018

IPART Act 002

Provide information Authority to provide information or make submissions to the Tribunal in

connection with an investigation or report, or in connection with

monitoring by the Tribunal


Land Acquisition (Just Terms Compensation) Act 1991 Function Code Function Description Delegated / Sub‐delegated To

LAJTC Act 000





LAJTC Act 001

Land Acquisition Authority to carry out the functions of the council as an authority of the

State under the Land Acquisition (Just Terms Compensation) Act 1991,

subject to a council resolution to compulsorily acquire land including an

interest in land.


Land and Environment Court Act 1979 Function Code Function Description Delegated / Sub‐delegated To

LEC Act 000





LEC Act 001

Conciliation Conferences Authority to reach agreement, on behalf of the Council, during a

conciliation conference with the Applicant in a Class 1 merit review

appeal


LEC Act 002

Conciliation Conferences Authority to give consent, on behalf of the Council, to a Commissioner

disposing of a Class 1 merit review appeal during a conciliation

conference


Library Act 1939 Function Code Function Description Delegated / Sub‐delegated To

Library Act 000





Library Act 001

Library Committee Authority to provide, or arrange for the provision of services in relation

to the provision, control and management of libraries, library services

and information services


Library Act 002

Enter into agreements and

arrangements

Authority to enter into agreements or arrangements with other local

authorities General Manager ‐ 10/09/2018

Library Act 003

Subsidy Authority to apply to the Library Council of NSW for a subsidy in

accordance with section 13 General Manager ‐ 10/09/2018

Library Regulation 2010 Function Code Function Description Delegated / Sub‐delegated To

Library Reg 001

Registration, Rules and determining

value

Authority to:

a) determine the procedure for registration of library borrowers in

accordance with clause 5(2) of the Regulation;

b) to refuse an application and cancel a person’s registration as a

borrower in accordance with clause 5(3) of the Regulation;

c) to make rules to regulate the use of a council’s local libraries in

accordance with clause 6 of the Regulation;

d) to determine the value of library material or series in accordance with

clause 7 of the Regulation.


Library Reg 002

Library users may be directed to

leave

Authority to determine the maximum period for which a person may be

excluded from the library in accordance with clause 17(3) of

the Regulation


Liquor Act 2007 and Liquor Regulation 2008 Function Code Function Description Delegated / Sub‐delegated To

Liq Act 000





Liq Act 001

Authorise Complainant Authority to authorise a person as a complainant in relation to a

licensed premises for the purposes of section 79. General Manager ‐ 10/09/2018

Liq Act 002

Submission re Late Hour Entry

Declaration

Authority to make a submission to the Director‐General in relation to a

proposed late hour entry declaration or variation or revocation of a late

hour entry declaration.


Liq Act 003

Making a complaint Authority to make a complaint on behalf of the council as the local

consent authority for a licenced premises in relation to a licensee,

manager or close associate of a licensee to the Authority in accordance

with section 139.


Local Government (General) Regulation 2005 Function Code Function Description Delegated / Sub‐delegated To

LG Reg 001

Act as appropriate person Authority to act as an appropriate person, within the meaning of clause

164 of the Local Government (General) Regulation 2005, to receive or

deal with tenders submitted to Council.


LG Reg 002

Decide method of tendering Authority to decide, pursuant to clause 166 of the Local Government

(General) Regulation 2005, the method of tendering to be used where

Council is required to invite tenders in accordance with section 55 of the

Local Government Act 1993.


LG Reg 003

Expressions of Interest and Selective

tendering

Authority to carry out all of a council's functions under, and in

accordance with, clauses 168 (expressions of interest) and 169 (selective

tendering method by which recognised contractors listed by council are

invited to tender for particular kinds of proposed contracts) of the Local

Government (General) Regulation 2005.


LG Reg 004

Tenders Authority to extend a deadline in a tender advertisement in accordance

with cl.172 and to request or consent to a variation of a tender being

made in accordance with cl.176(2).


LG Reg 005

Water supply may be restricted Authority to form an opinion that the available stored water or capacity

of a water supply system is insufficient and publish a notice in

accordance with s.137


LG Reg 006

Erection of notices to indicate

catchment districts

Authority to erect notices for indicating the boundaries of districts and

directing attention to any prohibitions or restrictions. General Manager ‐ 10/09/2018

LG Reg 007

Works constructed to serve 2 or

more councils

Authority to agree the convenient point to supply water to another

council. General Manager ‐ 10/09/2018

LG Reg 008

Fire hydrants Authority to exercise and/or perform the Council's functions in relation

to fire hydrants. General Manager ‐ 10/09/2018

LG Reg 009

Inspection of pipes Authority to inspect pipes and drains and measurement of water and

sewage in accordance with cl. 143. General Manager ‐ 10/09/2018

LG Reg 010

Cutting off or restricting water supply Authority to cut off or restrict the supply of water to premises and

refuse to supply water to premises in accordance with cl.144(1) and (3) General Manager ‐ 10/09/2018

LG Reg 011

New sewer or stormwater drain to be

constructed if less costly

Authority to hold the belief in relation to the cost of existing sewers or

stormwater drains and construct a new sewer or stormwater drain, and

serve an order on the owners or occupiers of premises concerned, in

accordance with cl.145.


LG Reg 012

Connections to council's sewerage

system

Authority to carry out works and provide connections and impose a

charge sufficient to meet the cost of the work or materials, in

accordance with cl.146.


LG Reg 013

Premises to be connected to water

supply

Authority to exercise and/or perform the Council’s functions in relation

to the connection of premises to water supply by an independent house

service pipe.


LG Reg 014

Laying of house service pipes Authority to authorise the laying of a house service pipe at a lesser

depth in accordance with cl.153(2). General Manager ‐ 10/09/2018

LG Reg 015

Security of water meters Authority to require the owner of premises to protect a meter, approve

a lock and key and require the key to be deposited with the Council. General Manager ‐ 10/09/2018

LG Reg 016

Water meter for one premises Authority to authorises a meter to measure water supplied to a

premises and another premises. General Manager ‐ 10/09/2018

LG Reg 017

Hire of meters Authority to enter into an agreement for the hire of a water meter from

the Council. General Manager ‐ 10/09/2018

LG Reg 018

Testing of meters Authority to arrange for a water meter to be examined and tested,

require an owner to rectify or replace a meter found to be defective and

enter into a special contract to regulate the supply of water while a

meter is being rectified or replaced.


LG Reg 019

Unmetered premises Authority enter into a special contract or give permission for an occupier

of unmetered premises to use water other than for domestic purposes. General Manager ‐ 10/09/2018

LG Reg 020

Acceptance of Tenders Authority to accept a tender in accordance with clause 178 of the Local

Government (General) Regulation 2005 but not in respect of tenders to

provide services currently provided by members of staff of the Council

(s.377(1)(i)) Local Government Act 1993).


Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 Function Code Function Description Delegated / Sub‐delegated To

LG (M) Reg 001

Certificates of completion Authority to issue a certificate of completion or a written notice that

states why such a certificate is not being issued, in accordance with

clause 69 of the Regulation


LG (M) Reg 002

Approvals for manufactured home

estates etc

Authority to grant an approval to operate a manufactured home estate,

and to install a manufactured home and associated structures in a

manufactured home estate in accordance with Part 2, Division 2 of the

Regulation


LG (M) Reg 003

Approvals for caravan parks etc Authority to grant an approval to operate a caravan park or camping

ground, and to install a moveable dwelling and associated structures in

accordance with Part 3, Division 2 of the Regulation


Local Government Act 1993 Function Code Function Description Delegated / Sub‐delegated To

LG Act 000





LG Act 001

Certificate as to classification of land Authority to issue a certificate stating the classification of public land General Manager ‐ 10/09/2018

LG Act 002

Leases etc in respect of community

land

Authority to grant a lease, licence or other estate in respect of

community land in accordance with Chapter 6, Part 2, Division 2 of the

Local Government Act 1993 and Part 4, Division 3 of the Local

Government (General) Regulation 2005


LG Act 003

Approvals Authority to reject a unclear or illegible application for approval for an

activity specified in the table to section 68, or to determine such an

application, or an application to amend, extend, renew, revoke or

modify such an approval and in determining such an application, to give

directions in response to an objection.


LG Act 004

Mayor Functions Authority to exercise and/or perform the role of the mayor. General Manager ‐ 10/09/2018

LG Act 005

Preparation of draft plans of

management for community land

Authority to prepare a draft plan of management for community land in

accordance with Chapter 6, Part 2, Division 2 of the Local Government

Act 1993 and Part 4 of the Local Government (General) Regulation 2005


LG Act 006

Environmental upgrade agreement Authority to enter into, and amend, an environmental upgrade

agreement on behalf of the council with a building owner and a finance

provider in relation to a building in accordance with Part 2A of Chapter

6.


LG Act 007

Power to levy environmental upgrade

charge

Authority to levy an environmental upgrade charge in accordance with

an environmental upgrade agreement . General Manager ‐ 10/09/2018

LG Act 009

Private works Authority to enter into an agreement with the owner or occupier of

private land for the council to carry out works. General Manager ‐ 10/09/2018

LG Act 010

Fees Authority to require payment of a further approved fee if an application

is amended. General Manager ‐ 10/09/2018

LG Act 011

Withdrawal of Applications Authority to authorise a refund in respect of fees paid by an applicant in

respect of an application for a Section 68 Activity approval which is

withdrawn


LG Act 012

Review of determination of approvals Authority to review the determination of an application for an approval

for an activity in accordance with section 100 General Manager ‐ 10/09/2018

LG Act 013

Approvals for Filming Authority to exercise the functions of the council in relation to

applications for filming proposals including to determine an application

under section 115, determine any security deposit, bond, fee or charge

in accordance with section 116 and the reject an application under

section 117, in accordance with Chapter 7, Part 1, Division 4.


LG Act 014

Orders Authority to exercise Council's functions under Chapter 7, Part 2 of the

Local Government Act 1993 in relation to the making of orders

including:

a) the giving of an Order under section 124;

a) issue a notice of intention to give an order in accordance with section

132,

b) hear and consider representations made in relation to a notice of

intention to give an order, in accordance with section 133

c) determine to give, or not give, an order in accordance with section

135;

d) accept or reject particulars of work in accordance with section 141;

e) prepare or authorise the preparation of particulars of work and order

the owner to carry out that work under section 141(3);

f) recover from the owner expenses incurred in preparing particulars of

work in accordance with section 141;

g) modify an order in accordance with section 152;

h) revoke an order in accordance with section 153


LG Act 015

Abatement of Public Nuisances Authority to take action to abate a public nuisance or order a person

responsible for a public nuisance to abate it. General Manager ‐ 10/09/2018

LG Act 016

Local Policies Authority to prepare a draft local policy for approvals and orders under

sections 158 and 159. General Manager ‐ 10/09/2018

LG Act 017

Authorisation of Power of entry Authority to authorise a council employee or other person to enter land

in accordance with section 191, 191A and generally Chapter 8, Part 2 of

the Local Government Act 1993.


LG Act 018

Written Authority Authority to issue a written authority to a person authorised, to enter

premises General Manager ‐ 10/09/2018

LG Act 019

Notice of entry Authority to give written notice to the owner or occupier of the

premises of the intention to enter the premises and authority to give

notification of the use of force or urgent entry to such persons or

authorities as appear to the delegate to be appropriate in the

circumstances.


LG Act 020

Recovery of costs of entry and

inspection

Authority to recover the reasonable costs of the entry and inspection

from the owner or occupier of the premises in accordance with section

197.


LG Act 021

Appointment of Authorised Person Authority to authorise an employee of a council as an authorised

person, generally or specifically General Manager ‐ 10/09/2018

LG Act 022

Temporary appointments Authority to appoint a person to a position temporarily General Manager ‐ 10/09/2018

LG Act 023

Insurance Authority to make arrangements for the council’s adequate insurance

against public liability and professional liability in accordance with the

regulations.


LG Act 024

Categorisation of land for purposes

of ordinary rates

Authority to determine and declare the categorisation of rateable land

within the Council's area General Manager ‐ 10/09/2018

LG Act 025

Application for change of category Authority to determine applications to change the category of rateable

land General Manager ‐ 10/09/2018

LG Act 026

Adjustment of rates following change

in category

Authority to make an appropriate adjustment of rates paid or payable

following a change in the category of rateable land General Manager ‐ 10/09/2018

LG Act 027

Agreement as to periodical payment

of rates and charges

Authority to write off or reduce interest accrued on rates or charges

where a person complies with an agreement for the payment of rates or

charges, pursuant to section 564 of the Local Government Act 1993

(NSW).


LG Act 028

Accrued interest Authority to write off accrued interest on rates and charges in

accordance with section 567 of the Local Government Act 1993 General Manager ‐ 10/09/2018

LG Act 029

Notice to occupier re unpaid rates Authority to serve a notice on the occupier of land in relation to unpaid

rates or charges in accordance with section 569 of the Local

Government Act 1993


LG Act 030

Liability of eligible pensioners Authority to reduce a rate or charge in respect of land on which a

dwelling is situated for an eligible pensioner in accordance with section

575 of the Local Government Act 1993


LG Act 031

Extension of concession to avoid

hardship

Authority to order that a person is taken to be an eligible pensioner in

accordance with section 577(1) and to order that a person is taken to be

solely liable in respect of the land on which the dwelling is situated in

accordance with section 577(2)


LG Act 032

Abandonment of pensioner rates and

charges

Authority to waive or reduce rates, charges and interest due by any

person prescribed by the regulations who is in receipt of a pension,

benefit or allowance under the Social Security Act 1991 of the

Commonwealth


LG Act 034

Redetermination on partial change of

circumstances

Authority to make a due adjustment to the rates payable, or apply the

provisions postponing rates, as the delegate considers equitable in the

circumstances, in accordance with section 598


LG Act 035

Reduction of subsequent rate Authority to verify the eligibility of the rateable person for a reduction in

a subsequent rate as prescribed by the regulations and reduce the

subsequent rate in accordance with section 599


LG Act 036

Objection in respect of certain land

vested in public bodies

Authority to object to the inclusion of a parcel of land in the list in

accordance with section 600(6) of the Local Government Act 1993 General Manager ‐ 10/09/2018

LG Act 037

Discretion to waive, reduce or defer

payment of a rate

Authority to waive, reduce or defer the payment of the whole or any

part of the increase in the amount of the rate payable by the ratepayer

in such circumstances, for such period and subject to such conditions as

the delegate thinks fit.


LG Act 038

Certificate as to rates and charges Authority to issue a certificate as to the amount (if any) due or payable

to the council, by way of rates, charges or otherwise, in respect of a

parcel of land in accordance with section 603.


LG Act 040

Operational Land Authority to grant (and renew, vary, terminate and otherwise deal with)

a lease or licence in relation to operational land. General Manager ‐ 10/09/2018

LG Act 041

Waive or reduce fees Authority to waive payment of, or reduce, a fee (whether expressed as

an actual or a maximum amount) in a particular case if the council is

satisfied that the case falls within a category of hardship or any other

category in respect of which the council has determined payment

should be so waived or reduced.


LG Act 042

Investment of money Authority to invest money that is not, for the time being, required by

the Council for another purpose in accordance with section 625 and the

current Ministerial Investment Order published in the Government

Gazette.


LG Act 043

Notices in Public Places Authority to erect a notice in a public place in accordance with section

632 and in relation to bathing and other water‐based recreational

activities, in accordance with section 633.


LG Act 044

Alcohol Prohibited Place Authority to declare a public place as an alcohol prohibited place under

section 632A(4). General Manager ‐ 10/09/2018

LG Act 045

Alcohol Free Zone Authority to prepare a proposal for the establishment of an alcohol‐free

zone under section 644 General Manager ‐ 10/09/2018

LG Act 046

Agreement re free parking area Authority to execute an agreement on behalf of the Council with the

owner of private land under which the land, or any part of the land, is

set aside for use as a free parking area.


LG Act 047

Request for name and address Authority to request an occupier or manager of any premises or an

agent of the owner of the premises to disclose the name and address of

the owner of the premises or of the person receiving or authorised to

receive the rents of the premises and of the manager or occupier of the

premises.


LG Act 048

Remedy or restraint of breaches of

LG Act

Authority to bring and conduct proceedings for the purpose of an order

to remedy or restrain a breach of the Local Government Act 1993 in



LG Act 049

Failure to comply with order?carrying

out of work by the council

Authority to do or arrange to be done through the Council’s employees,

contractors or agents, all such things as are necessary or convenient to

give effect to the terms of an order issued by the Council including the

carrying out of any work required by the order and recover expenses

incurred in accordance with section 678 of the LG Act and otherwise

give effect to the functions provided for in section 678


LG Act 050

Laying of informations Authority to lay information in respect of any proceedings for an offence General Manager ‐ 10/09/2018

LG Act 051

Appearance in local court Authority for an employee of the council appointed in writing by the

general manager to represent the council in all respects in proceedings

in the local court and to institute and carry on any proceedings in the

local court which the council is authorised to institute and carry on

under the Local Government Act 1993.


LG Act 052

Bankruptcy Authority to represent Council and act on its behalf in any bankruptcy or

winding up proceedings General Manager ‐ 10/09/2018

LG Act 053

Other remedies Authority to recover from the person:

(a) any sum for damage sustained by it through the person’s act or

default, and

(b) the costs and expenses incurred by it in remedying that damage, and

(c) the value of anything wasted, misused or unlawfully consumed,

diverted or taken by the person.


LG Act 054

Suing for debts Authority to recover a rate, charge, fee or other money due to the

council under this Act or the regulations as a debt. General Manager ‐ 10/09/2018

LG Act 055

Agreement as to compensation Authority to agree with a claim for compensation under section 12(5) of

the Graffiti Control Act 2008 or section 128 or 198 of this Act, in case of

dispute, may by agreement between the council and the person

claiming the compensation be referred to arbitration under the

Commercial Arbitration Act 2010.


LG Act 056

Certificate as to notices Authority to issue a certificate to an applicant as to whether there are

any outstanding notices issued by the council under this Act in respect

of any land within the council’s area.


LG Act 057

Protection of privacy Authority to determine a request made by a person that any material

that is available (or is to be made available) for public inspection by or

under that Act be prepared or amended so as to omit or remove any

matter that would disclose or discloses the person's place of living if the

person considers that the disclosure would place or places the personal

safety of the person or the person's family at risk.


LG Act 058

Authority to authorise Authority to authorise an employee of Council generally or specially in

respect of any act, matter or thing General Manager ‐ 10/09/2018

LG Act 059

General Manager's functions Authority to perform the functions of the General Manager, other than

the power of delegation. General Manager ‐ 10/09/2018

LG Act 060

Water Supply etc Construction of

works

Authority to apply to the Minister of Primary Industries for the Minister

to construct works of water supply, sewerage or stormwater drainage

under the Public Works Act 1912


LG Act 061

Ownership of water supply, sewerage

and stormwater drainage works

Authority to operate, repair, replace, maintain, remove, extend, expand,

connect, disconnect, improve or do any other things that are necessary

or appropriate to any of its works to ensure that, in the opinion of the

person delegated this authority, the works are used in an efficient

manner for the purposes for which the works were installed.


LG Act 062

Council works approval from Minister Authority to apply to the Minister for Primary Industries to do works

specified in s.60 of the Local Government Act 1993 and cl.138 of the

Local Government (General) Regulation.


LG Act 063

Developer contributions for water

management works

Authority to serve a notice on an applicant requiring the applicant to

pay a contribution towards the cost of water management works and/or

construct water management works in accordance with s306 Water

Management Act 2000. Authority to be satisfied that a requirement has

been complied with and to grant or refuse a certificate of compliance

for development in accordance with 307 Water Management Act 2000.


LG Act 065

Parking Area Agreement Authority to enter into an agreement with the owners corporation of a

strata scheme or the association of a community, precinct or

neighbourhood scheme in relation to a strata parking area or

community scheme parking area.


LG Act 39

Estimates of coastal protection

charges

Authority to provide, on request, a person who would be liable to pay

an annual charge for coastal protection services in relation to proposed

coastal protection works with an estimate of the person’s liability for

that annual charge (if the council were to make such a charge) for each

of the following 5 years, in accordance with section 606A.


Local Government and Other Authorities (Superannuation) Act 1927 Function Code Function Description Delegated / Sub‐delegated To

LG (Super) Act 000





Local Land Services Act 2013 Function Code Function Description Delegated / Sub‐delegated To

LLS 000





LLS Act 001

Concurrence for a stock permit Authority to provide the concurrence regarding the issuing of a stock

permit in the case of a public road that is not a Crown road vested in the

council.


Major Events Act 2009 Function Code Function Description Delegated / Sub‐delegated To

ME Act 000





ME Act 001

Functions Authority to exercise and/or perform Council's functions as a

government agency General Manager ‐ 10/09/2018

Ombudsman Act 1974 Function Code Function Description Delegated / Sub‐delegated To

Ombudsmans Act 000





Ombudsmans Act 001

Complaints Authority to complain to the Ombudsman about the conduct of a public

authority in accordance with section 12 General Manager ‐ 10/09/2018

Pesticides Act 1999 Function Code Function Description Delegated / Sub‐delegated To

Pesticides Act 000





Pesticides Act 001

Clean up action Authority, where the council is advised by the EPA, or where the

delegate reasonably suspects that any pesticide pollution is occurring or

has occurred, to take or authorise such clean‐up action as the delegate

considers necessary in accordance with section 20, issue a compliance

cost notice in relation to such action in accordance with section 28,

recover any unpaid amounts specified in a compliance costs notice as a

debt in accordance with section 29 and apply for a compliance cost

notice to be registered as a charge on the land to which it relates in



Pesticides Act 002

Power of Entry Authority to authorise a person to enter premises for the purpose of

exercising the council's functions under Part 3 of the Pesticides Act 1999

in accordance with section 35 of the Pesticides Act 1999 and Chapter 7

of the Protection of the Environment Operations Act 1997.


Pesticides Act 003

Recovery of costs etc Authority to seek an order for costs, expenses and compensation in

accordance with section 95 and to recover from the offender the costs

and expenses incurred or the amount of the loss or damage incurred by

the council in the Land and Environment Court in accordance with

section 96.


Pesticides Act 004

Pesticide use notification plans Authority to carry out all the functions associated with the requirement

to prepare, finalise, notify the EPA and give public notice of, a pesticide

use notification plan in accordance with Part 5 Division 2 of the

Pesticides Regulation 2009.


Pipelines Act 1967 Function Code Function Description Delegated / Sub‐delegated To

Pipelines Act 000





Pipelines Act 001

Object to compulsory acquisition of

land or easement

Authority to make a written objection to the Minister in respect of a

proposed compulsory acquisition General Manager ‐ 10/09/2018

Privacy and Personal Information Protection Act 1998 Function Code Function Description Delegated / Sub‐delegated To

PPIP Act 000





PPIP Act 001

The powers to comply with Act Authority to exercise and/or perform all powers and functions necessary

or desirable to enable the Council to comply with its obligations under

the Privacy and Personal Information Protection Act 1998.


PPIP Act 002

Conduct internal review Authority to conduct internal review requested by an aggrieved person General Manager ‐ 10/09/2018

Protection of the Environment Operations (Clean Air) Regulation 2010 Function Code Function Description Delegated / Sub‐delegated To

PoEO (Clean Air) Reg 001

Approval for certain fires Authority to grant an approval in respect of the burning of dead and dry

vegetation on the premises on which the vegetation grew, in

accordance with Part 3 (section 13) of the Protection of the

Environment Operations (Clean Air) Regulation 2010.


Protection of the Environment Operations (Waste) Regulation 2005 Function Code Function Description Delegated / Sub‐delegated To

PoEO (Waste) Reg 001

Application for waste and

sustainability improvement payments

Authority to apply to the EPA for a waste sustainability improvement

payment in accordance with section 46C of the Protection of the

Environment Operations (Waste) Regulation 2005.


Protection of the Environment Operations Act 1997 Function Code Function Description Delegated / Sub‐delegated To

PoEO Act 000





PoEO Act 001

Clean‐up notices Authority to issue, vary or revoke a clean‐up notice. A notice can be

issued in writing, or orally in accordance with section 93. General Manager ‐ 10/09/2018

PoEO Act 002

Fees Authority to waive payment of the whole or any part of the fee, or

extend the time for payment of a fee, in respect of a clean‐up notice or

prevention notice.


PoEO Act 003

Prevention notices Authority to issue, vary or revoke a prevention notice. A notice can be

issued in writing, or orally in accordance with section 93 General Manager ‐ 10/09/2018

PoEO Act 004

Action in event of failure to comply Authority to take action to cause a prevention notice to be complied

with if a person does not comply with a prevention notice given to the

person.


PoEO Act 005

Voluntary clean‐up action Authority to take such clean‐up action as the delegate considers

necessary if the delegate reasonably suspects that a pollution incident

has occurred or is occurring.


PoEO Act 006

Compliance cost notices Authority to:

a) issue a compliance cost notice;

b) recover any unpaid amounts as a debt;

c) apply to register a compliance cost notice in relation to land; and

d) where a compliance cost notice has been lodged or registered, issue a

notice requiring the person to pay the reasonable costs and expenses

incurred by the authority in respect of the lodgement or registration and

recover any unpaid amounts as a debt. e) revoke or vary a notice.


PoEO Act 007

Appointment of Authorised Officers

and authorisation of Enforcement

Officers

Authority to appoint an officer or employee of the Council as an

Authorised Officer and to authorise a member of staff of the Council to

exercise the functions of an Enforcement Officer under Division 3 of Part

8.2 of the Act (in respect of penalty notice offences).


PoEO Act 008

Requirement to provide information

and records

Authority to give, revoke or vary a notice to a person to require the

person to furnish information or records (or both). General Manager ‐ 10/09/2018

PoEO Act 009

Court proceeding (agent or

appointee)

Authority to act as an agent or appointee of the Council to commence

proceedings for an offence against the Act or Regulations. General Manager ‐ 10/09/2018

PoEO Act 010

Assistance to be given to authorised

officers

Authority to issue a notice requiring the owner or occupier of a premises

to provide such reasonable assistance and facilities to an authorised

officer


PoEO Act 011

Court proceedings (officers and

employees)

Authority to institute proceedings for an offence against the Act or the

Regulations (other than excluded offences) with the written consent of

the council or a person authorised by the council, in accordance with

sections 218 and 220.


PoEO Act 012

Court proceedings (authority to

provide consent)

Authority to provide consent for an officer or employee to institute

proceedings under section 220. General Manager ‐ 10/09/2018

PoEO Act 013

Noise control notices Authority to give or issue, revoke or vary a noise control notice. General Manager ‐ 10/09/2018

PoEO Act 014

Compliance costs notice Authority to issue a compliance costs notice and recover any unpaid

amounts in court, apply to the Registrar‐General for registration and

recover costs relating to charge.


PoEO Act 015

Extend time Authority to extend time for payment of, or waive, a fee General Manager ‐ 10/09/2018

Public Health Act 2010 Function Code Function Description Delegated / Sub‐delegated To

PH Act 000





PH Act 001

Failure to comply with notice relating

to regulated system

Authority to take action if the occupier of premises at which there is a

regulated system fails to comply with an improvement notice. General Manager ‐ 10/09/2018

PH Act 002

Prohibition Order Authority to serve a prohibition order, and give a certificate of

clearance, in accordance with section 45, and to determine a claim for

compensation in accordance with section 49.


PH Act 003

Agreement with Director General Authority to enter into an agreement or arrangement with Director

General General Manager ‐ 10/09/2018

PH Act 004

Commence proceedings Authority to commence proceedings against a breach of the Act or

Regulations. General Manager ‐ 10/09/2018

PH Act 005

Authority to appoint authorised

officer

Power to appoint a member of the staff of the Council or a member of

the staff of another government authority to be an authorised officer,

where in the opinion of the Council, the person has appropriate

qualifications or experience for such an appointment.


Public Health Regulation 2012 Function Code Function Description Delegated / Sub‐delegated To

PH Reg 001

Fees Authority to extend the time for payment of a fee or waive a fee in full

or part in respect of an improvement notice or prohibition order. General Manager ‐ 10/09/2018

Public Interest Disclosures Act 1994 Function Code Function Description Delegated / Sub‐delegated To

PID Act 000





PID Act 002

Provide report Authority to provide report to Ombudsman and to Minister General Manager ‐ 10/09/2018

PID Act 003

Refer evidence of an offence Authority to refer evidence of an offence to Commissioner of Police or

Commissioner General Manager ‐ 10/09/2018

PID Act 004

Determine to disclose Authority to determine to disclose and disclose identifying information General Manager ‐ 10/09/2018

PID Act 005

Provide investigating authority Authority to provide investigating authority with view of Council as to

proposed transfer of investigation, enter arrangements with

investigating authority


PID Act 006

Notify person Authority to notify person of action or proposed action in respect of a

disclosure General Manager ‐ 10/09/2018

Public Works and Procurement Act 1912 Function Code Function Description Delegated / Sub‐delegated To

PW Act 000





PW Act 001

Appointment of Council as Agent Authority to exercise the Council's functions as an agent of the Minister

for Finance and Services if the Council has been so appointed. General Manager ‐ 10/09/2018

PW Act 002

Handing over of work Authority to agree to handing over of work to Council by Minister General Manager ‐ 10/09/2018

PW Act 003

Handing over of work Authority to agree to handing over of work to Council by RMS General Manager ‐ 10/09/2018

Real Property Act 1900 Function Code Function Description Delegated / Sub‐delegated To

RP Act 000





RP Act 001

Position of boundary under Real

Property Act 1900

Authority to apply for a determination as to the position of a common

boundary of adjoining lands and, if dissatisfied, appeal to the Land and

Environment Court for a such a determination by the Court in

accordance with sections 135B and 135J.


Residential (Land Lease) Communities Act 2013 Function Code Function Description Delegated / Sub‐delegated To

RLLC Act 000

All functions Authority to exercise and/or perform all functions of the council as park

owner. General Manager ‐ 10/09/2018

Restricted Premises Act 1943 Function Code Function Description Delegated / Sub‐delegated To

Restricted Premises Act 000





Restricted Premises Act 001

Make application Authority to make application or instruct Council’s lawyers to make

application to the Land & Environment Court for a brothel closure order


Road Transport (General) Regulation 2013 Function Code Function Description Delegated / Sub‐delegated To

RT General Reg 001

Metered parking schemes Authority to establish and operate metered parking schemes, not

including setting of fees for parking in metred spaces General Manager ‐ 10/09/2018

RT General Reg 002

Metered parking areas Authority to set aside a road or part of a road as a metered parking area General Manager ‐ 10/09/2018

RT General Reg 003

Close a metered parking space Authority to close a metered parking space with a sign General Manager ‐ 10/09/2018

RT General Reg 004

Ticket parking scheme Authority to establish and operate ticket parking schemes, not including

setting of fees for parking in ticket parking area General Manager ‐ 10/09/2018

RT General Reg 005

Close a ticket parking area or space Authority to close a ticket parking area or space with a sign General Manager ‐ 10/09/2018

RT General Reg 006

Coupon parking scheme Authority to establish and operate coupon parking schemes, not

including setting of fees for parking in a coupon parking area General Manager ‐ 10/09/2018

RT General Reg 007

Close a coupon area or space Authority to close a coupon area or space with a sign General Manager ‐ 10/09/2018

RT General Reg 008

Phone parking scheme Authority to establish and operate phone parking schemes, not

including setting of fees for parking in a phone parking area General Manager ‐ 10/09/2018

RT General Reg 009

Close a phone parking area or space Authority to close a phone parking area or space with a sign General Manager ‐ 10/09/2018

RT General Reg 010

Agree common payment parking

schemes

Authority to agree with other councils on the operation of parking

schemes on a common payment basis, not including setting of fees General Manager ‐ 10/09/2018

RT General Reg 011

Agree with owners of land not owned

by Council

Authority to agree with owners of land not owned by Council as to the

exercise by Council of powers under Part 5 Division 1 in respect of that

land


RT General Reg 012

Issue a permit Authorising the parking of a vehicle without charge or time restrictions,

being a business parking permit, a commuter parking permit, a resident

parking permit, a resident's visitor permit, a special event parking

permit and a declared organisation parking permit


RT General Reg 013

Pre‐issue parking coupons Authority to issue pre‐paid parking coupons General Manager ‐ 10/09/2018

Road Transport Act 2013 Function Code Function Description Delegated / Sub‐delegated To

RT Act 000

All functions Authority to exercise and/or perform on behalf of Council the Council’s




RT Act 001

Removal of dangers and obstructions

to traffic

Authority to authorise an employee of the council as the appropriate

roads authority as an appropriate officer for the purposes of section 142

of the Road Transport Act 2013. Section 142 provides that an

appropriate officer may remove the vehicle, thing or container and take

such other steps as may be necessary to protect the public and facilitate

the free flow of traffic


RT Act 002

Commence proceedings Authority to recover as a debt expenses incurred under s.142 General Manager ‐ 10/09/2018

RT Act 003

Certificates Authority to provide certificates specifying an amount of costs incurred General Manager ‐ 10/09/2018

RT Act 004

Roads Compensation Order Authority to apply for a roads compensation order General Manager ‐ 10/09/2018

RT Act 005

Certificates Authority to provide certificates as to maintenance of road, estimating

monetary value of road infrastructure or of damage to it, estimating

cost of remedying damage, estimating extent of offender's contribution

to damage


Roads Act 1993 Function Code Function Description Delegated / Sub‐delegated To

Roads Act 034

Transfer of street vending or other

consent

Authority to transfer a street vending or other consent and impose

conditions General Manager ‐ 10/09/2018

Roads Act 000





Roads Act 001

Appointment of authorised officers Authority to authorise an employee of Council to exercise functions of

an authorised officer General Manager ‐ 10/09/2018

Roads Act 002

Dedicate land Authority to dedicate land left in subdivision effected prior to 1907 as

public road by publishing notice in gazette General Manager ‐ 10/09/2018

Roads Act 003

Serve notice Authority to serve notice of intention to dedicate land as public road on

owner General Manager ‐ 10/09/2018

Roads Act 004

Identification of road boundaries Authority to:

a) cause surveys to be carried out to identify the boundaries of a public

road in accordance with section 18;

b) consider any submissions that have been duly made with respect to

the proposed boundaries and approve the survey plan, either with or

without alteration in accordance with section 21


Roads Act 005

Publish notice Authority to publish notice of proposed boundaries in newspaper and

serve notice on owner of affected land General Manager ‐ 10/09/2018

Roads Act 006

Road widening Authority to:

a) submit to the Minister for Roads and Ports a proposed plan for the

widening of a public road in accordance with section 22

b) make a road widening order in accordance with section 25

c) revoke or vary a road widening order in accordance with section 27

d) grant consent for the carrying out minor repairs or improvements to a

building in accordance with section 26

e) direct an owner of land (where a person constructs, replaces or

repairs a building or work on land affected by a road widening order in

contravention of section 26) to carry out such work as is necessary to

restore the land to the state it was in before the contravention occurred

in accordance with section 26(4).


Roads Act 007

Road Levels Authority to:

a) Prepare a prepare a proposal to fix the levels of a public road, or to

vary the existing levels of a public road in accordance with section 29

b) consider any submissions that have been duly made concerning the

proposal and decide to proceed with the proposal, either with or

without alteration (by making an order), or to abandon the proposal in



Roads Act 008

Closing of public roads Authority to carry out the functions of the Council as the roads authority

to close a council public road, including to cause notice of a proposed

closure of a public road to be notified in accordance with s38B, appeal

against a formal objection made by a notifiable authority under s38C(3),

consider any submission made and publish a notice in the Gazette to

close the public road (s38D) and to close a temporary public road under

s39 if the road does not give access to an isolated road.


Roads Act 009

Cause a temporary public road to be

closed

Authority to cause a temporary public road to be closed by publishing a

notice in the Gazette General Manager ‐ 10/09/2018

Roads Act 010

Consultation with roads authorities Authority to make submissions to RMS regarding proposed action General Manager ‐ 10/09/2018

Roads Act 011

Roads Authorities may appeal to

Minister

Authority to determine whether aggrieved by RMS action and if so

appeal to Minister General Manager ‐ 10/09/2018

Roads Act 012

Roads agreements between RMS and

roads authorities

Authority to enter agreement with RMS transferring council's

responsibilities for classified road General Manager ‐ 10/09/2018

Roads Act 013

Power of roads authorities in respect

to roadwork

Authority to carry out road work on public road or other land controlled

by council General Manager ‐ 10/09/2018

Roads Act 014

Notify RMS Authority to notify RMS of work on classified road involving deviation or

alteration of road or construction of bridge, tunnel or level crossing General Manager ‐ 10/09/2018

Roads Act 015

Notify RMS Authority to notify RMS of major road work General Manager ‐ 10/09/2018

Roads Act 016

Construct bridges and tunnels across

navigable waters

Authority to construct bridges and tunnels across navigable waters, give

public notice of proposal, consider submissions, make decision, and give

notice of decision


Roads Act 017

Location of conduits Authority to consult with persons as to location of conduits for utilities

across public roads General Manager ‐ 10/09/2018

Roads Act 018

Functions of Council in respect of

private roads

Authority to direct the owner of a private road (other than a classified

road) to carry out such work as is necessary to prevent the road from

becoming unsafe or unsightly


Roads Act 019

Traffic Control Facilities Authority to seek consent of RMS, and with such consent, carry out

traffic control work on classified road General Manager ‐ 10/09/2018

Roads Act 020

Traffic Control Facilities Authority to carry out traffic control work on unclassified road or

transitway or road or road related area General Manager ‐ 10/09/2018

Roads Act 021

Tree felling Authority to form the opinion that it is necessary to remove or lop a tree

or other vegetation on or overhanging a public road for the purpose of a

road work or to remove a traffic hazard, and to effect such removal or

lopping


Roads Act 022

Alter landform Authority to alter landform of land adjoining public road to ensure

stability of road General Manager ‐ 10/09/2018

Roads Act 023

Carry out drainage work Authority to carry out drainage work on land in vicinity of public road for

purpose of draining or protecting public road General Manager ‐ 10/09/2018

Roads Act 024

Give a direction Authority to give a direction under Part 7 General Manager ‐ 10/09/2018

Roads Act 025

Regulate traffic Authority to regulate traffic on a public road by means of barriers or

notices for any of the purposes set out in section 115(2) of the Roads

Act 1993 (NSW) in so far as they apply to the Council as a roads

authority.


Roads Act 026

Request review Authority to request Minister to review decision of RMS General Manager ‐ 10/09/2018

Roads Act 026A

Applications for consent Authority to apply to RMS for consent to erect a barrier or notice or

carry out work or take any action to regulate traffic on a public road for

other purposes; to remove any notice or barrier, to demolish any work

or cease any action for which the RMS has given consent, and give

public notice of such application


Roads Act 027

Temporary regulation of traffic Authority to serve (and revoke) an Order prohibiting a person from

causing any vehicle under the person’s control to pass along a specified

local road


Roads Act 028

Authority to erect structures Authority to authorise the holder of a footway dining approval to erect

and maintain structures in, or over any part, of the footway General Manager ‐ 10/09/2018

Roads Act 029

Public Gates Authority to grant and/or revoke a permit for the erection of a public

gate or the construction of a by‐pass around a public gate. General Manager ‐ 10/09/2018

Roads Act 030

Approval to use footway for

restaurant

Authority to determine an application for a footway dining approval General Manager ‐ 10/09/2018

Roads Act 031

Determine an application for consent Authority to determine an application for consent to: (a) erect a

structure, or carry out work in, on or over a public road; (b) dig up or

disturb the surface of a public road; (c) remove or interfere with a

structure, work or tree on a public road; (d) pump water into a public

road from any land adjoining a public road; (e) connect a road (whether

public or private) to a classified road, and impose conditions on a

consent.


Roads Act 032

Revocation of street vending consent Authority to revoke a street vending consent and give notice of

revocation General Manager ‐ 10/09/2018

Roads Act 033

Extend term Authority to extend term of a street vending consent and impose

conditions General Manager ‐ 10/09/2018

Roads Act 035

Fresh consents Authority to grant a fresh consent where previous consent revoked,

expired or lapsed General Manager ‐ 10/09/2018 Manager

Roads Act 036

Revocation of Consent Authority to revoke a consent by notice of revocation served on holder General Manager ‐ 10/09/2018

Roads Act 037

Permits for road events Authority to grant a permit to any person to conduct a road event (as

defined) on a public road General Manager ‐ 10/09/2018

Roads Act 038

Leasing of land above or below public

road

Authority to grant a lease of air space above or land below public road

with approval of Director of Planning General Manager ‐ 10/09/2018

Roads Act 039

Transfer of public road to other roads

authority

Authority to consent to the transfer of a public road by the Minister for

Roads and Ports from or to the Council General Manager ‐ 10/09/2018

Roads Act 040

Short‐term leases of unused public

roads

Authority to grant short term lease of unused public road to adjoining

owner or lessee, give public notice of proposed lease, consider

submissions, make decision


Roads Act 041

Naming of public roads Authority to approve names and numbering for all roads for which the

Council is the roads authority General Manager ‐ 10/09/2018

Roads Act 042

Inspections and Investigations Authority to inspect the land, for the purposes of an inspection, dig up

any ground and take such measures as are necessary to ascertain the

character and condition of the land and of any building, structure or

work that is situated in, on or over the land, make surveys and take

levels and, for those purposes, may dig trenches, break up the soil and

set up any posts, stakes or marks, and may take samples or photographs

in connection with any inspection.


Roads Act 044

Roads authority may take possession

of land when constructing etc public

road

Authority to use and occupy land along or near a road for the purpose of

carrying out road work or providing a temporary road, and give notice of

intention to do so


Roads Act 045

Access roads across land owned by

public authority

Authority to enter into agreement with public authority regarding

construction and maintenance of road General Manager ‐ 10/09/2018

Roads Act 046

Financial or other assistance Authority to enter into agreement with RMS for financial or other

assistance General Manager ‐ 10/09/2018

Roads Act 047

Apportionment of cost Authority to agree to apportionment of cost of road work on a classified

road forming boundary, make submissions to RMS regarding

apportionment


Roads Act 048

Financial or other assistance Authority to agree with another Council financial assistance from RMS

for a classified road forming boundary General Manager ‐ 10/09/2018

Roads Act 049

Roads authorities may levy tolls on

road‐ferries

Authority to lease the running of a road ferry, lease the collection of

tolls and charges on a road ferry General Manager ‐ 10/09/2018

Roads Act 050

Recovery of Authority to determine the amount of contribution to which an owner

of land adjoining a public road is required to contribute to the cost

incurred by the Council in constructing or paving any adjacent kerb,

gutter or footway


Roads Act 051

Roads authority to supply RMS with

plans and specifications

Authority to make submissions to RMS regarding proposed works General Manager ‐ 10/09/2018

Roads Act 052

Roads authority may carry out work

instead of paying compensation

Authority to enter an agreement to do work instead of pay

compensation General Manager ‐ 10/09/2018

Roads Act 053

Authorised officer may require

production of information

Authority to require the owner of the vehicle or the person in charge of

the vehicle to produce certain information immediately. General Manager ‐ 10/09/2018

Roads Act 054

Roads authority may give effect to

direction and recover costs

Authority to take action necessary to give effect to a direction and

recover costs from person to whom direction given General Manager ‐ 10/09/2018

Roads Act 055

Refer matters Authority to refer matters to local land board General Manager ‐ 10/09/2018

Roads Act 056

Footway restaurants Authority to grant an approval pursuant to Part 9 Division 1 of the Roads

Act 1993 (NSW) to use part of a footway for the purposes of a

restaurant and to authorise a holder of an approval to erect and

maintain structures in, on or over any part of the footway the subject of

the approval.


Roads Act 057

Street vending consent Authority to grant, revoke, transfer or extend the term of a street

vending consent General Manager ‐ 10/09/2018

Roads Act 058

Notice of Entry Authority to give written notice to the owner or occupier of the

premises of the intention to enter the premises and authority to give

notification of the use of force or urgent entry to such persons or

authorities as appear to the delegate to be appropriate in the

circumstances.


Rural Fires Act 1997 Function Code Function Description Delegated / Sub‐delegated To

RF Act 000





RF Act 001

Formation of Rural Fire Brigades Authority to form (or form jointly with another council) one or more

rural fire brigades for any rural fire district constituted for a council’s

area or part of its area in accordance with section 15


RF Act 002

Responsible local authorities Authority to enter into agreement with another local authority to

combine responsibility for fire districts General Manager ‐ 10/09/2018

RF Act 003

Responsible local authorities Authority to enter into agreement with another local authority to

nominate the authority as having responsibility for some or all of fire

district


RF Act 004

Disbandment Authority to disband a rural fire brigade General Manager ‐ 10/09/2018

RF Act 005

Area of operations Authority to determine the territory of a rural fire brigade and appoint

officers for the brigade General Manager ‐ 10/09/2018

RF Act 006

Responsibilities and functions Authority to provide facilities and accommodation for fire control officer

and consult with Commissioner General Manager ‐ 10/09/2018

RF Act 008

Local bush fire danger period

declaration

Authority to consult with and make recommendations in relation to the

making of a local bush fire danger period declaration in accordance with

section 83.


RF Act 009

Bush Fire Hazard Reduction

Certificates

Authority to:

a) determine an application for a bush fire hazard reduction certificate

that authorises the carrying out of bush fire hazard reduction work on

private land within the council’s area by a person other than the

Commissioner or a local authority in accordance with Part 4, Division 8

b) Authority to certify a bush fire hazard reduction certificate in relation

to bush fire hazard reduction work on land by the council in accordance

with Part 4, Division 8


RF Act 010

Proceedings for breach Authority to bring proceedings on behalf of the Council in the Land and

Environment Court for an order to remedy or restrain a breach of

section 100F or 100G of the Act (in relation to bush fire hazard reduction

certificates) in accordance with section 100H.


RF Act 011

Rural Fire Brigade Contributions Authority to arrange for the payment of rural fire brigade contributions

in accordance with Part 5, Division 4 General Manager ‐ 10/09/2018

RF Act 012

Fire Trails Authority to exercise and/or peform the Council's functions under Part

3B as the owner or occupier of land, including to make a fire trail

complaint, object to, or appeal against, a fire trail rectification notice,

apply for the termination of the registration of a fire trail and to object

to, or appeal against, a refusal to terminate registration of a fire trail.


Rural Fires Regulation 2013 Function Code Function Description Delegated / Sub‐delegated To

RF Reg 001

Rural Fire Brigades Authority to register or refuse to register a person as a member of a

rural fire brigade and remove a person’s name from the register of

members.


Service NSW (One-stop Access to Government Services) Act 2013 Function Code Function Description Delegated / Sub‐delegated To

S NSW Act 000





S NSW Act 001

Delegation of Authority to delegate customer service functions of council to CEO with

the approval of a resolution of council General Manager ‐ 10/09/2018

S NSW Act 002

Enter into Authority to enter into agreement with CEO with the approval of a

resolution of council General Manager ‐ 10/09/2018

S NSW Act 003

Agreements authorising Authority to enter into agreement with CEO to act as agent of CEO General Manager ‐ 10/09/2018

State Emergency and Rescue Management Act 1989 Function Code Function Description Delegated / Sub‐delegated To

SERM Act 000





SERM Act 001

Combination of local government

areas

Authority to agree to combine emergency management arrangements

with other councils General Manager ‐ 10/09/2018

SERM Act 003

Representative on Local Emergency

Management Committee

Authority to determine the representative of an organisation on the

Local Emergency Management Committee in accordance with section

28(2)(c).


State Emergency Service Act 1989 Function Code Function Description Delegated / Sub‐delegated To

SES Act 000





SES Act 001

Recommending appointment of local

controller

Authority to recommend to the Commissioner a person to be appointed

as the local controller of SES units in the Council’s area. General Manager ‐ 10/09/2018

SES Act 002

Local controllers Authority to provide facilities and accommodation for local controller General Manager ‐ 10/09/2018

SES Act 003

Disposal by local councils of

equipment purchased from Fund

Authority to sell or dispose, with the consent of the commissioner, of

equipment General Manager ‐ 10/09/2018

State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 Function Code Function Description Delegated / Sub‐delegated To

SEPP (Veg) 001

Permit for clearing of vegetation Authority to issue a permit on behalf of the Council to clear vegetation

in a non‐rural area which is declared by a development control plan

made by the Council.


State Records Act 1998 Function Code Function Description Delegated / Sub‐delegated To

SR Act 000





SR Act 001

Exercise functions Authority to exercise the Council's functions, including the disposal of

Council records and making of open and closed access directions in

accordance with that Act and the State Records Regulation 2005


Strata Schemes Development Act 2015

Function Code Function Description Delegated / Sub‐delegated To

SSD Act 000

All Functions Authority to exercise and/or perform on behalf of Council the Council's




SSD Act 001

Strata Certificates Authority to issue a strata certificate in accordance with section 54

(strata plans and subdivision of development lots), s55(subdivision not

involving development lot) and s56 (notices of conversion) in

accordance with Part 4 Division 2 of the Strata Schemes Development

Act 2015 and Part 4 of the Strata Schemes Development Regulation

2016.


SSD Act 002

Obligations of planning authority Authority on behalf of the council as a planning authority when granting

a planning approval, to certify in accordance with s75(2). General Manager ‐ 10/09/2018

SSD Act 003

Strata development contract

amendment

Authority to approve the amendment of a strata development contract

for a strata scheme in accordance with s84. General Manager ‐ 10/09/2018

SSD Act 004

Termination of a strata scheme Authority to sign an application for termination of a strata scheme in

accordance with s142. General Manager ‐ 10/09/2018

Strata Schemes Management Act 2015 Function Code Function Description Delegated / Sub‐delegated To

SSM Act 000





SSM Act 001

(Orders) Enforcing restrictions on

uses of utility lots

Authority to apply to the Tribunal for an order enforcing restrictions on

uses of utility lots and for reallocation of unit entitlements. General Manager ‐ 10/09/2018

Surveillance Devices Act 2007 Function Code Function Description Delegated / Sub‐delegated To

SD Act 001

Optical surveillance devices Authority on behalf of Council as the owner or occupier of premises or

vehicles or any other object to consent to the installation, use and

maintenance of an optical surveillance device on the premises or vehicle

or object.


Surveying and Spatial Information Act 2002 Function Code Function Description Delegated / Sub‐delegated To

SSI Act 000





SSI Act 001

Maintenance and repair of

permanent survey marks

Authority to apply to the Minister for a direction that it is the duty of the

Surveyor‐General may to keep any or all of the permanent survey marks

the subject of a notice to the council, in good condition and repair, in



SSI Act 002

Authority to Authority to carry out surveys General Manager ‐ 10/09/2018

Swimming Pools Act 1992 Function Code Function Description Delegated / Sub‐delegated To

SP Act 000





SP Act 001

Exemption from compliance Authority to grant an exemption from all or any of the requirements of

the access to swimming pools provisions, unconditionally or subject to

conditions.


SP Act 002

Direction to comply Authority to serve a direction requiring compliance with the access to

swimming pools provisions. General Manager ‐ 10/09/2018

SP Act 003

Authority to carry out inspection Authority to carry out inspection of swimming pool, including on

request of owner and charge a fee General Manager ‐ 10/09/2018

SP Act 004

Authority to issue a certificate of

compliance

Authority to issue a certificate of compliance and charge a fee General Manager ‐ 10/09/2018

SP Act 005

Notice of intention Authority to serve on the occupier of the premises a notice of intention

to carry out the requirements of a direction given under section 23

(requiring compliance with the access to swimming pools provisions).


SP Act 006

Directing a person to act Authority to direct a person to act as "a person acting under the

direction of a local authority" for the purposes of section 23A. General Manager ‐ 10/09/2018

SP Act 007

Appeals Authority to represent the Council in relation to an appeal against a

decision of the Council. General Manager ‐ 10/09/2018

SP Act 008

Appointment of Authorised officer Authority to appoint an employee of the Council or other person as an

authorized officer for the purposes of the Act and Regulations. General Manager ‐ 10/09/2018

SP Act 010

Investigation of complaint Authority to investigate a complaint of non‐compliance with the Act or

Regulations. General Manager ‐ 10/09/2018

SP Act 011

Proceedings to remedy or restrain a

breach

Authority to bring proceedings in the Land and Environment Court for

an order to remedy or restrain a breach of the Act or Regulations. General Manager ‐ 10/09/2018

SP Act 012

Proceedings to breach Authority to bring proceedings in the Local Court for an offence against

the Act or Regulations. General Manager ‐ 10/09/2018

Swimming Pools Regulation 2008 Function Code Function Description Delegated / Sub‐delegated To

SP Reg 001

Application for exemption Authority to determine the form of an application for exemption General Manager ‐ 10/09/2018

SP Reg 002

Give notice Authority to give notice of decisions General Manager ‐ 10/09/2018

SP Reg 003

Issue a certificate of Non‐Compliance Authority to be satisfied/ not satisfied on behalf of the local authority

that the requirements for the issue of a certificate of compliance have

been met and issue a notice and/or certificate of non‐compliance under

clauses 18B and 18BA respectively.


Tattoo Parlours Act 2012 Function Code Function Description Delegated / Sub‐delegated To

TP Act 000





TP Act 001

Exchange of information Authority to enter into information sharing arrangement with the

Director General General Manager ‐ 10/09/2018

Transport Administration Act 1988 Function Code Function Description Delegated / Sub‐delegated To

TA Act 000





TA Act 001

Referral of disputes Authority to refer a dispute between the council and a transport

authority to the Minister in accordance with section 111. General Manager ‐ 10/09/2018

TA Act 002

Grants to Council Authority to apply for grants in connection with use of roads by buses General Manager ‐ 10/09/2018

Trees (Disputes Between Neighbours) Act 2006 Function Code Function Description Delegated / Sub‐delegated To

T(DBN) Act 000





T(DBN) Act 001

Appearance before Court Authority to appear before the Court in any proceedings under this Part

in relation to a tree in accordance with section 13 or 14G. General Manager ‐ 10/09/2018

T(DBN) Act 002

Authorised person Authority to authorise a person as an authorised person for the

purposes of section 17 of the Act. General Manager ‐ 10/09/2018

T(DBN) Act 003

Act as an authorised person Authority to act as an authorised person for the purposes of section 17

of the Act General Manager ‐ 10/09/2018

T(DBN) Act 004

Notice of intention Authority to serve on the owner of land a notice of intention to enter

land under section 17. General Manager ‐ 10/09/2018

T(DBN) Act 005

Charge on Land Authority (after obtaining an order of a court in proceedings against an

owner of land for the recovery of costs in accordance with section 17

(8)) to apply to the Registrar‐General for registration of the order in

relation to that land, and certify that the amount has been paid or

otherwise agree to a cancellation of the charge in accordance with

section 17A.


Valuation of Land Act 1916 Function Code Function Description Delegated / Sub‐delegated To

VL Act 000





VL Act 001

Application for Valuation Authority to apply to the Valuer‐General for a valuation of land held by

or on behalf of the Council in accordance with section 14A(2)(a) or

within the council )as the rating or taxing authority)'s local government

area in accordance with section 14A(2)(c). Authority to apply for an

apportionment factor in accordance with section 14X or 14BBA and for

an assessed annual value of land which became rateable on or after 1

July 1977 in accordance with section 19B.


VL Act 002

Objection to Valuation and Appeal Authority to make an objection to a valuation of the Valuer General in

accordance with section 31 and if dissatisfied with the determination of

the objection, to appeal in accordance with section 37.


VL Act 003

Valuation Lists Authority to forward to the Valuer‐General particulars of any desired

alterations to any valuation list under section 50(1), to request a new

valuation list under section 51 and request that the Valuer‐General

make a new valuation of any land in accordance with section 60A.


VL Act 004

Copies of entries to be supplied Authority to agree with Valuer General regarding supply of information

as to valuations General Manager ‐ 10/09/2018

VL Act 005

Valuer‐General not required to

determine certain valuations

Authority to request Valuer General to determine assessed annual value

of land General Manager ‐ 10/09/2018

Water Management (General) Regulation 2011 Function Code Function Description Delegated / Sub‐delegated To

WM Reg 001

Shared Water Service Authority to consent for a person to operate a shared water service. General Manager ‐ 10/09/2018

WM Reg 002

Water to be taken through approved

stoptap

Authority to consent to a person taking water from a water main and

approve a stoptap in accordance with clause 121. General Manager ‐ 10/09/2018

WM Reg 003

Information regarding supply Authority to direct an owner or occupier of land to supply information in


WM Reg 004

Measurement of water supply and

access to meters

Authority to supply or otherwise approve a meter, and direct in relation

to access to a meter, in accordance with clause 127. General Manager ‐ 10/09/2018

WM Reg 005

Testing of meters Authority to carry out the functions of the water supply authority under

and in accordance with clause 130 of the Regulation 2011 and the Local

Government Act 1993.


WM Reg 006

Installation of meters Authority to install, charge hire for, or require the installation of meters

etc in accordance with clause 131. General Manager ‐ 10/09/2018

WM Reg 007

Installation of fire hydrants Authority to install fire hydrants and remove any fire hydrant in


WM Reg 008

Use of fire hydrants by authorised

persons

Authority to authorise a person to take water from a fire hydrant in


WM Reg 009

Restrictions on use of water during

periods of shortage

Authority to issue a notice to regulate or restrict water in accordance

with clause 136. General Manager ‐ 10/09/2018

WM Reg 010

Shared sewerage service Authority to consent to a shared sewerage service in accordance with

clause 139. General Manager ‐ 10/09/2018

WM Reg 011

Discharge approvals Authority to:

‐ grant a discharge approval (cl145(1)); ‐ vary, revoke or impose further conditions of a discharge approval

(cl145(3); ‐ extend the period of effect of a discharge approval (cl146(2)); ‐ grant a renewal of a discharge approval (clauses 145 and 147); ‐ suspend or cancel a discharge approval (cl148(1) or (3)). in accordance with Part 9, Division 4.


WM Reg 012

Defer or waive payment of service

charge

Authority to form an opinion that reasonable cause has been shown and

defer or waive payment of a service charge or part of it, in accordance

with clause 199.


WM Reg 013

Adjustment of service charge Authority to adjust (or refuse to adjust) a service charge in

circumstances provided for in, and in accordance with clause 200 and

Part 9, Division 7. Authority to recover any increase or refund any

amount in accordance with clause 200(4). Authority to allow or disallow

an objection to the refusal to adjust a service charge in accordance with

cl204.


WM Reg 014

Cutting off or restricting water supply Authority to cut off or restrict the supply of water in circumstances

provided for in clause 207. General Manager ‐ 10/09/2018

WM Reg 015

Fees and charges authority on behalf of Council as a charging authority to waive or reduce

any fee or charge imposed under the Water Management Act 2000.


Water Management Act 2000 Function Code Function Description Delegated / Sub‐delegated To

WM Act 000





WM Act 001

Authority to seek Minister's approval Authority to seek Minister's approval for construction of public

protective works General Manager ‐ 10/09/2018

WM Act 002

Water Supply Authority Authority to exercise and/or perform on behalf of the Council as a water

supply authority the Council’s delegable functions under this Act and

any Regulation made under the Act in force from time to time.


WM Act 003

Commercial Operations Authority to seek the approval of the Governor and enter into

commercial arrangements on behalf of the Council as a water supply

authority.


WM Act 004

Entry on land Authority to authorise a person to enter land and do the things referred

to in sections 296 and 297 in accordance with those sections. General Manager ‐ 10/09/2018

WM Act 005

Break up roads Authority to give notice to persons and open and break a public road etc

in accordance with section 298. General Manager ‐ 10/09/2018

WM Act 006

Altering position of conduits Authority to serve a notice requiring the alteration of a conduit in

accordance with section 299, and make the alteration in accordance

with section 299(3).


WM Act 007

Obstruction of works Authority to apply for and obtain an injunction in accordance with

section 300. General Manager ‐ 10/09/2018

WM Act 008

Finding source of pollution of water

supply

Authority to give notice to a person, and try to find the source of

pollution, and recover expenses, in accordance with section 301. General Manager ‐ 10/09/2018

WM Act 009

Crown land in special areas Authority to give approval in writing for the purposes of section 303 of

the WM Act. General Manager ‐ 10/09/2018

WM Act 010

Exercise of certain function in special

areas

Authority to make representations for the purposes of section 304 of

the WM Act. General Manager ‐ 10/09/2018

WM Act 011

Certificates of compliance Authority to impose certain requirements before granting a certificate

of compliance in accordance with section 306 and grant, or refuse to

grant, a certificate of compliance under section 307.


WM Act 012

Connections Authority to publish a notice of the availability of a water main or sewer

main, make a connection at the expense of a landowner and recover

any amount due for the connection in accordance with section 309 of

the WM Act.


WM Act 013

Service charges, fees and other

charges

Authority to exercise any function under Chapter 6, Part 2, Division 6,

except for imposing fees under s310(2). General Manager ‐ 10/09/2018

WM Act 014

Recovery of rates, charges etc by

charging authority

Authority to exercise and/or perform all of the council’s delegable

functions as a charging authority under the Water Management Act

2000 and the Water Management (General) Regulation 2011.


WM Act 015

Compensation for interference Authority to seek compensation for interference or damage to property

in accordance with section 319. General Manager ‐ 10/09/2018

WM Act 016

Access licence Authority to apply to the Minister to increase the entitlement in

accordance with section 66. General Manager ‐ 10/09/2018

Wilderness Act 1987 Function Code Function Description Delegated / Sub‐delegated To

Wilderness Act 000





Wilderness Act 001

Wilderness Protection Agreement Authority to enter into a wilderness protection agreement with Minister General Manager ‐ 10/09/2018

Wilderness Act 002

Proposals by statutory authorities

affecting certain wilderness areas

Authority to give notice of proposed development in wilderness area General Manager ‐ 10/09/2018

Wilderness Act 003

Resolution of certain disputes Authority to refer a dispute to the Premier General Manager ‐ 10/09/2018

Work Health and Safety Act 2011 Function Code Function Description Delegated / Sub‐delegated To

WHS Act 000





WHS Act 001

Authority to apply to the regulator Authority to apply to the regulator for internal review of a reviewable

decision and to the IRC for external review General Manager ‐ 10/09/2018

Pursuant to a Resolution of the Council at its meeting of Monday, 6 August 2018

EOM 18/28 RESOLVED:

1. That Council accepts the recommendation of the committee of the whole and resolves to appoint Dr Edwina Marks to the position of General Manager subject to the negotiation of a contract and rental assistance.

And

Pursuant to a Resolution of the Council at its meeting of Wednesday, 24 October 2018

Ordinary Meeting of Hilltops Council – Item 18/XXX Delegations to the General Manager, adopted by Resolution: 18/XXX

“That Hilltops Council in reviewing the Delegations to the General Manager, hereby approve to Delegate to the General Manager the delegation as detailed in the Delegations Authority.”

Brian Ingram Mayor of Hilltops Council

Date:

Review Date: Within 12 months of the next general election of Hilltops Council.

General Manager’s acknowledgement of Delegations of Authority

I, Edwina Marks, currently employed by the Council in the position of General Manager, do hereby acknowledge that I have read and understood this Instrument of Delegation and that I will perform these delegations and authorities in accordance with this Instrument of Delegation and my position description.

Dr Edwina Marks General Manager of Hilltops Council

Date:

© 2018 ‐ Local Government Legal


24 October 2018


14

18/226 – MEMBERSHIP OF THE COMMUNITY WORKING GROUPS FOR BURRANGONG CREEK AND BLACKGUARD GULLY PROJECTS Reference: File No. F91.01.03 and F110.00 Responsible Officer: Executive Director Corporate and Community PURPOSE The purpose of this report is to advise Council of the Expressions of Interest received for the community working groups for the Burrangong Creek and Blackguard Gully projects. REPORT At the July 2018 meeting of Council, it was resolved to:

- Establish a small working group of community members (maximum 3 people) for both the Burrangong Creek and Blackguard Gully projects and;

- Provide a nomination period for 3 weeks to be open from 26 July 2018 to 16 August 2018.

- Should more than 3 expressions of interest be received for each project working group then the Council will make a determination to either expand the working group size or Councillors will select the nominees.

Expressions of Interest received during the nomination period for the Blackguard Gully Working Group were from received from:

- Brian Mullany - Brian James - Margaret Stemm

An Expression of Interest received during the nomination period for the Burrangong Creek Working Group was from received from:

- Joseph Kinsela An Expression of Interest received outside of the nomination period for the Burrangong Creek Working Group was from received from:

- Tricia Mack The role of the working groups is to assist with the delivery of the projects and provide input during the design phase. It is anticipated that the working groups will meet on a regular, likely monthly basis, whilst the projects are in the preliminary stages of planning and development.


24 October 2018


15

The first meeting and site walkthrough with the Blackguard Gully Working Group has taken place. STATUTORY PROVISIONS Local Government Act

CONSULTATION

To ensure all members of the community had an opportunity to provide their expression of interest to join either of the working groups Council provided a 3 week window for EOI’s to be received from 26 July 2018 to 16 August 2018. The opportunity to join the working groups was covered in the local media and in Councils communication channels. FINANCIAL IMPLICATIONS There will be no financial reimbursement for costs incurred by community members with their role on either working group. RECOMMENDATION It is recommended that Council;

1. Endorse the Expressions of Interest received within the nomination period for the Blackguard Gully Working Group membership to be as follows:

Brian Mullany Brian James Margaret Stemm; and

2. Acknowledge the Expression of Interest received within the nomination

period for the Burrangong Creek Working Group and move to not establish a Working Group, however ensure that those interested parties are engaged by Council staff for input.


24 October 2018


16

18/227 – LIVE STREAMING OF COUNCIL MEETINGS POLICY Reference: File No. F45.00 Responsible Officer: Executive Director – Corporate and Community PURPOSE The purpose of this report is to seek Council endorsement of a change to the Live Streaming of Council Meetings Policy and to place the new policy on Public exhibition. REPORT The Council has been successfully live streaming its Council meetings for over a year. The current policy is deficient in that it is silent on the ability for the Mayor or GM to be able to edit the recording if the contents of the recording breaches Council’s Code of Conduct and/or is inappropriate. Material considered to be inappropriate may include material that may:

Be defamatory Infringe copyright Breach the privacy of an individual or unauthorised disclosure of the

personal information of an individual Be offensive Constitute discrimination Constitute racial hatred or vilification, if based on the race, colour, national

or ethnic origin of a person or group of people, and is likely to offend, insult, humiliate or intimidate

Disclose confidential or privileged information In the event of an edited copy being placed on the Council’s website, Council will indicate that it is an edited recording. Council will also retain a copy of the unedited meeting webcast. While the live streaming can be interrupted at any stage during the meeting, it may also be necessary to edit a recording. As the Council meeting is watched live, a breach of the Code of Conduct may be witnessed by any number of people, Council may be further adding to an issue and increasing the prospect legal action if Council proceeds to place an unedited copy on to the website for general access. This is similar to an offensive “tweet” or Facebook post being removed after it to caused offence. STATUTORY PROVISIONS Local Government Act 1993


24 October 2018


17

CONSULTATION The Policy Committee had the policy circulated to them on 24September 2018 and no comments were received. The policy will be placed on public exhibition for a period of one month. POLICY IMPLICATIONS It is prudent for Council’s Live Streaming of Council Meetings Policy to be changed in order to facilitate the editing of a council live stream prior to it being placed on the website. There are a number of Council’s in New South Wales who have these provisions as part of their policy. ATTACHMENTS Attachment 1 – Updated Live Streaming of Council Meetings Policy RECOMMENDATION It is recommended that Council;

1. Approve the Draft Hilltops Council Live Streaming of Council Meetings Policy be placed on Public Exhibition for 28 Days; and

2. If there are no submissions received; adopt the Hilltops Council Live Streaming of Council Meetings Policy at the completion of the 28-day exhibition period.

Draft

Live Streaming of Council Meetings

Policy

Live Streaming of Council Meetings Policy 0

TABLE OF CONTENTS

Document Control .................................................................................................................................... 1

Document History .................................................................................................................................... 1

1. OBJECTIVE ..................................................................................................................................... 2

2. POLICY STATEMENT ..................................................................................................................... 2

3. SCOPE ............................................................................................................................................ 2

4. DEFINITIONS .................................................................................................................................. 2

5. PROCEDURES ............................................................................................................................... 3

5.1 Live Streaming, Recording and Publishing .............................................................................. 3

5.2 Accessing Recordings ............................................................................................................. 3

5.3 Publication of Notices – Informing Attendees .......................................................................... 3

5.4 Public Interaction in Council Meetings ..................................................................................... 4

5.4.1 Public Forum ........................................................................................................................... 4

5.4.2 Presentation of Awards / Public Acknowledgements ............................................................... 4

6. RISK ASSESSMENT ....................................................................................................................... 4

6.1 Legal exposure relating to inappropriate behaviours of those in attendance ........................... 4

6.2 Technical issues beyond Council’s control .............................................................................. 5

6.3 Legal exposure relating to breach of privacy and defamation .................................................. 5

7. IMPLEMENTATION ......................................................................................................................... 6

8. LEGISLATIVE AND POLICY PROVISIONS .................................................................................... 6

Attachment 1 – Public Notice to be included in the Council Agenda and to be read out by the meeting Chair ........................................................................................................................................................ 7

Attachment 2 – Public Notice to be displayed as signage at the entrance of the Council Meeting .......... 8

Attachment 3 - Public Notice to be included on Council’s website ........................................................... 9


Document Control

Policy Live Streaming of Council Meetings Policy

Policy Number TBA

Author/Reviewer General Manager Review Period and Date Reviewed within 12 months of election/4 yearly - September

This policy shall be reviewed: -

This policy shall be reviewed within 12 months of an election, and thereafter at four yearly intervals at least, to ensure it meets all statutory requirements and the needs of council. It may also be reviewed at other times as determined by council.

Subject to the provisions of the Local Government Act and/or Regulation, this policy may be amended or cancelled by council at any time without prior notice or obligation to any person.

Document History

Date Status Version Resolution Description 26 July 2017 Draft 0.1 Presented to Hilltops Council for public

exhibition 28 days 26 July 2017 Draft 0.2 17/182 Placed on public exhibition 28 days 24 August 2017 Draft 0.3 Submission received 20 September 2017 Draft 0.4 Presented to Council for adoption 20 September 2017 Final 1.0 17/17 Adopted for a 6 month trial 25 July 2018 Draft 1.1 Presented to Council for adoption after

trial 25 July 2018 Final 2.0 18/192 Adopted 25 July 2018 24 October 2018 Draft 2.1 Presented to Hilltops Council for a one

month public exhibition with amendment to the policy: editing of live streaming.


1. OBJECTIVE

This Policy aims to improve accessibility and community participation in relation to decision making processes. It is envisaged that live streaming, recording and publishing Council Meetings on Council’s website will provide more flexible and convenient access of Council debate and decisions to a wider audience.

Live streaming Council Meetings also eliminates geographic and time barriers which may prevent the public from attending meetings in person; thereby resulting in greater community confidence in the integrity and accountability of the decision-making process.

The Live Streaming of Council Meetings Policy provides the policy direction and guidelines for Councillors, Staff and the community.

2. POLICY STATEMENT

This Council Policy reflects Council’s commitment to transparent and accessible decision-making processes, with the introduction of live streaming and recording of Ordinary and Extraordinary Meetings of Council. Any parts of Council’s Meetings that are closed to members of the public under s.10(a) of the Act are regarded as confidential and will not be recorded.

3. SCOPE

This Policy applies to:

Ordinary and Extraordinary Meetings of Council; Councillors and Officers of Hilltops Council; and Members of the public, both as visitors in the gallery and when invited to speak in the Meeting.

4. DEFINITIONS

Closed Section of a Council Meeting A meeting of the council which has been closed to members of the public under section 10(a) of the Local Government Act 1993.

Chair the person who chairs a meeting of the Council, predominantly, the Mayor.

Defamation Intentional false communication which damages the reputation of another individual.

Streaming (Webcasting) The process of delivering multimedia content via the internet, in audio and/or video format from a single content source to multiple listeners/viewers.

Controls Any process, policy, device, practice or other action which impacts on the consequence or likelihood of a particular risk occurring, that is currently in place.

Treatment Plan Any process, policy, device, practice or other action which impacts on the consequence or likelihood of a particular risk occurring, that is in the process of being implemented.


5. PROCEDURES

5.1 Live Streaming, Recording and Publishing

Ordinary and Extraordinary Meetings held in a Hilltops Council Chamber will be streamed live, recorded and published in accordance with this Policy and will be able to be accessed from Council’s website: www.hilltops.nsw.gov.au .

Any parts of Council’s Meetings that are closed to members of the public under s.10(a) of the Act are regarded as confidential and will not be recorded.

The Chair and/or the General Manager have the discretion and authority at any time to direct the termination or interruption of live streaming. Such direction will only be given in exceptional circumstances where deemed relevant. Circumstances may include instances where the content of debate is considered misleading, defamatory or potentially inappropriate to be published.

Whilst Council will make every effort to ensure that live streaming is available, it takes no responsibility for, and cannot be held liable for technical issues beyond its control. Technical issues may include, but are not limited to, the availability of the internet connection, device failure or malfunction, unavailability of social media platforms or power outages.

5.2 Accessing Recordings

Ordinary and Extraordinary Meetings that are streamed live will be made available on Council’s website within the earliest achievable timeframe following the relevant meeting. The recordings of Meetings will be available for the term of the Council.

Following any meeting, the Chair and the General manager have the discretion and authority to direct the exclusion of all or part of any meeting recording that are considered inappropriate to be published.

Material considered to be inappropriate may include, but is not limited to material that may:

Be defamatory Infringe copyright Breach the privacy of an individual or unauthorised disclosure of the personal information of an

individual Be offensive Constitute discrimination Constitute racial hatred or vilification, if based on the race, colour, national or ethnic origin of a

person or group of people, and is likely to offend, insult, humiliate or intimidate Disclose confidential or privileged information

In the event of an edited copy being placed on the Council’s website, Council will indicate that it is an edited recording. Council will also retain a copy of the unedited meeting webcast.

5.3 Publication of Notices – Informing Attendees

It is not the intention of live streaming, recording and publishing to capture those attending the Meeting in the gallery, however this may occur due to camera angles and seating arrangements. By attending the public meeting, attendees are consenting to their image, voice or comments being recorded.

There will be a number of notices informing attendees that live streaming, recording and publishing will be taking place.


At the commencement of each Meeting, the Chair will read a statement included in the Council Agenda notifying those present that the Meeting will be live streamed on the internet and that a recording of the Meeting will be published on Council’s website. [refer Attachment 1]

Signage communicating a similar message will be visibly displayed in the foyer of the Hilltops Council Chambers. [refer Attachment 2]

Notice will also be published on Council’s website. [refer Attachment 3]

5.4 Public Interaction in Council Meetings

5.4.1 Public Forum

Council’s Code of Meeting Practice sets out the requirements for Public Forum guidelines with regards to a Council Meeting.

Any attendee who is invited to speak will be recorded and their voice and image will form part of the live stream, recording and publishing.

Should an attendee invited to speak not wish to be recorded, they are required to make this request known to Council staff prior to the meeting commencing.

This request can be made either by emailing [email protected] two hours prior to the Meeting or in person no later than 15 minutes prior to the meeting.

5.4.2 Presentation of Awards / Public Acknowledgements

Council’s Code of Meeting Practice sets out the expected behaviours for participation in Council Meetings.

Any attendee who is invited to make or receive a presentation or acknowledgement from Council will be recorded and their voice and image will form part of the live stream and recording.

In circumstances where time permits, correspondence to the attendee shall be made to include the public notice information that Council undertakes live streaming and recordings of its Council Meetings. [refer Attachment 2]

6. RISK ASSESSMENT

Consideration has been given to the risks identified with implementing live streaming, recording and publishing at Council. By live streaming, recording and publishing meetings, the potential audience to Council Meetings is significantly increased, which as a result increases the likelihood of a legal matter arising and/or severity of potential liability. The potential additional risk is not considered greater than the benefit associated with increased visibility and transparency in Council decision making associated with live streaming.

6.1 Legal exposure relating to inappropriate behaviours of those in attendance

Councillors and Officers need to take care, especially in the heat of a council debate, not to make defamatory statements which could give rise to a civil action.

Councillors and Council Staff are guided by the Hilltops Council Code of Conduct and Code of Meeting Practice. Members of the Public are guided by the Hilltops Council Code of Meeting Practice.

As outlined previously, the Chair and/or the General Manager have the discretion and authority at any time to direct the termination or interruption of live streaming.

Attendees are advised that they may be subject to legal action as a result of their inappropriate and/or unacceptable behaviour and/or comments.


6.2 Technical issues beyond Council’s control

Whilst Council will make every effort to ensure that live streaming is available, it takes no responsibility for, and cannot be held liable for technical issues beyond its control. Technical issues may include, but are not limited to the availability of the internet connection, device failure or malfunction, unavailability of social media platforms or power outages.

6.3 Legal exposure relating to breach of privacy and defamation

The video recording equipment will be configured, as far as practicable, to minimise coverage of the gallery area, however attendees need to be aware that as this is a public meeting their image, voice or comments may be captured and published in the live stream.

By attending a public meeting of the Council attendees are consenting to being recorded and published.

A number of notices informing that live streaming and recording will be taking place have been prepared to ensure that attendees are made aware of their consent. [refer Attachment 1, 2 and 3]


7. IMPLEMENTATION

The Corporate & Community Directorate will be responsible for;

Communicating the relevant public notices in Attachments 1, 2 and 3, to be included in:

o Public Notice in the Council Agenda

o Public Notice Signage in the Meeting

o Public Notice on Council’s Website

o Including a copy of the recording in Council’s Record Management System and undertaking relevant archiving and destruction procedures after the term of Council.

Setting up, positioning and testing the video equipment for each Council Meeting.

Provide ongoing support to ensure the live stream is operational for each Meeting.

Servicing equipment.

Publishing Council Meeting live stream recording links, to Council’s website.

8. LEGISLATIVE AND POLICY PROVISIONS

Local Government Act 1993 Privacy and Personal Information Protection Act 1998 Hilltops Council Code of Conduct Hilltops Council Code of Meeting Practice


Attachment 1 – Public Notice to be included in the Council Agenda and to be read out by the meeting Chair

Live Streaming, Recording and Publishing of Council Meetings

This Council Meeting is being streamed live, recorded and published in accordance with Council’s Live Streaming in Council Meetings Policy.

To those present in the gallery today, by attending a public meeting of the Council you are consenting to your image, voice and comments being recorded and published.

Anyone who is invited to speak will be recorded and their voice, image and comments will form part of the live stream and recording.


Attendees are advised that they may be subject to legal action if their actions result in inappropriate and/or unacceptable behaviour and/or comments.

Today’s Meeting is being streamed live as well as recorded and published on Council’s website.

Thank you.


Attachment 2 – Public Notice to be displayed as signage at the entrance of the Council Meeting

This Council Meeting is being streamed live, recorded and published in accordance with Council’s Live Streaming in Council Meetings Policy. A copy of the Policy can be viewed on Council’s website.

By attending a public meeting of the Council, you are consenting to your image, voice and comments being recorded. Should you wish to attend and/or speak without being recorded you must make this request to Council staff prior to the meeting commencing. This request can be made either by emailing [email protected] two hours prior to the meeting or in person no later than 15 minutes prior to the meeting.



It should be noted that no protection is afforded to Councillors, Council employees or the public for comments made during Meetings which are subsequently challenged in a court of law and/or determined to be defamatory.


Attachment 3 - Public Notice to be included on Council’s website

All public meetings of Hilltops Council are streamed live, recorded and published in accordance with Council’s Live Streaming in Council Meetings Policy, which is available on the Hilltops Council website: www.hilltops.nsw.gov.au

While meetings are open to the public, Council recognises that not everyone can attend in person. Live streaming gives all community members the opportunity to watch and listen to meetings, either in real time or at their convenience, giving greater access to Council decision making and debate.

By attending a public meeting of the Council attendees are consenting to their image, voice and comments being recorded. Should attendees wish to attend and/or speak without being recorded they must make this request to Council staff prior to the meeting commencing. This request can be made either by emailing [email protected] two hours prior to the meeting or in person no later than 15 minutes prior to the meeting.

The Chair and/or the General Manager have the discretion and authority at any time to direct the termination or interruption of live streaming. Such direction will only be given in exceptional circumstances where deemed relevant. Circumstances may include instances where the content of debate is considered misleading, defamatory or potentially inappropriate to be published



24 October 2018


18

18/228 – MURRUMBURRAH PRECINCT MASTER PLAN

Reference: File No. F91.01.03 Responsible Officer: Executive Director Corporate and Community

PURPOSE

The purpose of this report is to inform Council on the draft landscape master plan proposed for Murrumburrah place the document on public exhibition for public comment.

REPORT

Council recognised a need to undertake a masterplan for Murrumburrah over and above the streetscape plans which were prepared by the former Harden Shire Council.

As part of the Stronger Communities Funding, $1 million dollars was allocated to the Murrumboola Creek upgrades and a further $350,000 was allocated to Harden Playgrounds. Coupled with this was the Community Project to Bronze Bill the Bastard. It became clear that a cohesive and clear plan for the precinct would need to be developed to stop ad hoc decisions and actions being undertaken. Nominations were called for and a community working party was formed to provide assistance to Council in the precinct plan process.

A tender process was commenced for the design of a masterplan and Sala4D were awarded the contract to undertake this work.

Background Murrumburrah has experienced an upsurge of visitors. It has developed into a pleasant place to stop whilst travelling on the Burley Griffin Way. This is partly due to streetscaping works undertaken by the former Harden Shire and also the establishment and reinvigoration of a number of businesses in the area. The Burley Griffin Way has some 3,500 vehicle movements per day.

The Murrumburrah Precinct includes a number of historical and cultural items including, the Harden Murrumburrah Museum, the Light Horse Memorial and the Court House. A local sculptor, Carl Valerius, undertook a sculpture of the war horse Bill the Bastard rescuing 5 troopers during the Battle of Romani. A community group was formed to get the horse bronzed and put on display in the precinct.

Sala4D held a number of community workshops to inform the basis for the design in June 2018. This culminated in draft designs being presented to the working party in September. The working party were generally very pleased with the concepts which are now before the Council to be put on public exhibition. A separate workshop will be held with Councillors for their input into the plans. A community Workshop will also be held.


24 October 2018


19

Broadly speaking the plans are designed to:

Have a greater emphasis on the creek by installing fish ladders which enable the water to hold at a higher level.

Recontouring the Coddington Park area to have better connections between land and water.

Upgrade of the play area into themed spaces for toddlers, tweens and older teenagers.

Better carparking. Walking paths to link all parts of the precinct including better use of the

area under the bridge. A plan for the placement of the bronzed statue of Bill the Bastard on the

Mill site. Creating a sense of entrance into the Precinct.

It is estimated that the cost for the whole project will be in the order of $1.7 million. The project has been broken into two parts. This report proposes to now place this draft Master Plan on public exhibition for 28 days. During this period subject plans will be made available to the public at selected viewing points. Once all comments are collated after the public exhibition period, appropriate amendments will be made to plans before returning to Council with a recommendation to adopt. After adoption, costing of the works will be undertaken during construction plan compilation phase. It is proposed to have the plans returned to Council for the 12 December 2018, Hilltops Council Ordinary Meeting. STATUTORY PROVISIONS Local Government Act.

CONSULTATION

Consultation has commenced with the Working Party. Further consultation will occur through the public exhibition process with Councillors and the community. POLICY IMPLICATIONS A precinct plan will provide a comprehensive and cohesive plan for the works which are to be carried out in Murrumburrah and Murrumboola Creek area. It will cater for an increased number of visitors expected with the arts and cultural activities which are happening in the area. These activities include the bronzing of Bill the Bastard, the completion of a statue of James McKay, the extension to the Museum and the placement of the Visitor Information Centre into History Hall.


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20

FINANCIAL IMPLICATIONS There are costs associated with the project. Current Master plan works have been funded from the Stronger Communities Funding as part of the amalgamation grant Council received. One million dollars was allocated to this project. Currently it is estimated that the overall project will cost $1.7 million. Funding to complete the project will need to be sourced from grants. ATTACHMENTS Attachment 1 – Draft Murrumburrah Precinct Master Plan RECOMMENDATION It is recommended that Council;

1. Place the Draft Murrumburrah Precinct Master Plan on a 28 day Public exhibition period, asking for Public comment on the plan; and

2. Returning that document to Council for final adoption to the 12 December 2018, Ordinary Meeting of Council.


24 October 2018


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18/229 – ANNUAL GOVERNMENT INFORMATION PUBLIC ACCESS (GIPA) RETURN Reference: File No. 40.05 Responsible Officer: Executive Director Corporate and Community PURPOSE The purpose of this report is to provide the Council and community with information provided to the Information Privacy Commissioner (IPC) in line with Council’s obligations under the Government Information (Public Access) Act 2009. Council is required to furnish an annual report to the IPC. A copy of Council’s annual return is attached to the report. REPORT During the 2017–2018 year, Hilltops Council received five formal GIPA applications from members of the public, a member of parliament and or private organisations. Council received 20 applications. Nine applications were for information that had already been provided to the applicant, 1 application was referred to a government agency. Three applications were granted in full, 4 applications were granted in part and three applications were refused in full. Council dealt with all applications within the statutory timeframe. The Council is not required to report on informal applications. STATUTORY PROVISIONS The Government Information (Public Access) Act 2009 enables the

maintenance and advancement of a system of responsible and representative democratic government that is open, accountable, fair and effective by authorising and encouraging the proactive release of Council information and by giving members of the public an enforceable right to access government information. The Act provides that access to Council information is restricted only when there is an overriding public interest against disclosure.

POLICY IMPLICATIONS The Hilltops Council is committed to providing access to Council information and meeting its obligations under the Government Information (Public Access) 2009 Act.


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ATTACHMENTS Attachment 1 - Government Information (Public Access) Act – Annual Report

for Agency Hilltops Council RECOMMENDATION It is recommended that Council;

1. Reaffirm its commitment to providing access to Council information in line with its obligations under the Government Information (Public Access) Act 2009; and

2. Note the Government Information (Public Access) Act – Annual Report for Agency Hilltops Council.

Government Information (Public Access) Act – Annual Report for Agency Hilltops Council

Page: 1By on for FY: 2017-18Lee Furness 04/10/2018 12:06 PM

Clause 7A: Details of the review carried out by the agency under section 7 (3) of the Act during the reporting year and the detailsof any information made publicly available by the agency as a result of the review

Reviews carried out by the agency Information made publicly available by the agency

No No

Clause 7B: The total number of access applications received by the agency during the reporting year (including withdrawnapplications but not including invalid applications)

Total number of applications received

20

Clause 7C: The total number of access applications received by the agency during the reporting year that the agency refusedeither wholly or partly, because the application was for the disclosure of information refered to in Schedule 1 to the Act(information for which there is conclusive presumption of overriding public interest against disclosure)

Number of ApplicationsRefused

Wholly Partly Total

3 4 7

% of Total 43% 57%



Schedule 2 Statistical information about access applications to be included in annual report

Table A: Number of applications by type of applicant and outcome*

AccessGrantedin Full

AccessGrantedin Part

AccessRefusedin Full

Informationnot Held

InformationAlready

Available

Refuse toDeal with

Application

Refuse toConfirm/Deny

whetherinformation is

held

ApplicationWithdrawn

Total% ofTotal

Media 0 0 0 0 0 0 0 0 0 0%Members ofParliament

0 1 0 0 0 0 0 0 1 5%

Private sectorbusiness

0 0 0 0 0 0 0 0 0 0%

Not for profitorganisationsor communitygroups

1 0 0 0 0 0 0 0 1 5%

Members ofthe public (bylegalrepresentative)

0 0 1 0 0 0 0 0 1 5%

Members ofthe public(other)

2 3 2 1 9 0 0 0 17 85%

Total 3 4 3 1 9 0 0 0 20

% of Total 15% 20% 15% 5% 45% 0% 0% 0%

* More than one decision can be made in respect of a particular access application. If so, a recording must be made in relationto each such decision. This also applies to Table B.



Table B: Number of applications by type of application and outcome*

AccessGrantedin Full

AccessGrantedin Part

AccessRefusedin Full

Informationnot Held

InformationAlready

Available

Refuse toDeal with

Application

Refuse toConfirm/Deny

whetherinformation is

held

ApplicationWithdrawn

Total% ofTotal

Personalinformationapplications*

0 0 0 0 0 0 0 0 0 0%

Accessapplications(other thanpersonalinformationapplications)

3 4 2 1 9 0 0 0 19 95%

Accessapplicationsthat arepartlypersonalinformationapplicationsand partlyother

0 0 1 0 0 0 0 0 1 5%

Total 3 4 3 1 9 0 0 0 20

% of Total 15% 20% 15% 5% 45% 0% 0% 0%

* A personal information application is an access application for personal information (as defined in clause 4 of Schedule 4 tothe Act) about the applicant (the applicant being an individual).



Table C: Invalid applicationsReason for invalidity No of applications % of Total

Application does not comply with formal requirements (section 41 of the Act) 1 100%

Application is for excluded information of the agency (section 43 of the Act) 0 0%

Application contravenes restraint order (section 110 of the Act) 0 0%

Total number of invalid applications received 1 100%

Invalid applications that subsequently became valid applications 0 0%

Table D: Conclusive presumption of overriding public interest against disclosure: matters listed in Schedule 1 of Act

Number of times

consideration used*% of Total

Overriding secrecy laws 0 0%

Cabinet information 0 0%

Executive Council information 0 0%

Contempt 0 0%

Legal professional privilege 0 0%

Excluded information 0 0%

Documents affecting law enforcement and public safety 1 100%

Transport safety 0 0%

Adoption 0 0%

Care and protection of children 0 0%

Ministerial code of conduct 0 0%

Aboriginal and environmental heritage 0 0%

Total 1

*More than one public interest consideration may apply in relation to a particular access application and if so, each suchconsideration is to be recorded (but only once per application). This also applies in relation to Table E



Table E: Other public interest considerations against disclosure: matters listed in table to section 14 of Act

Number of times

consideration used*% of Total

Responsible and effective government 4 57%

Law enforcement and security 1 14%

Individual rights, judicial processes and natural justice 1 14%

Business interests of agencies and other persons 1 14%

Environment, culture, economy and general matters 0 0%

Secrecy provisions 0 0%

Exempt documents under interstate Freedom of Information legislation 0 0%

Total 7

Table F: Timeliness Number of applications* % of Total

Decided within the statutory timeframe (20 days plus any extensions) 20 100%

Decided after 35 days (by agreement with applicant) 0 0%

Not decided within time (deemed refusal) 0 0%

Total 20



Table G: Number of applications reviewed under Part 5 of the Act (by type of review and outcome) Decision varied Decision upheld Total % of Total

Internal review 0 0 0 0%

Review by Information Commissioner* 0 0 0 0%Internal review following recommendation undersection 93 of Act

0 0 0 0%

Review by NCAT 0 0 0 0%

Total 0 0 0

% of Total 0% 0%

*The Information Commissioner does not have the authority to vary decisions, but can make recommendations to the originaldecision-maker. The data in this case indicates that a recommendation to vary or uphold the original decision has been made bythe Information Commissioner.

Table H: Applications for review under Part 5 of the Act (by type of applicant)

Number of applications

for review% of Total

Applications by access applicants 0 0%Applications by persons to whom information the subject of accessapplication relates (see section 54 of the Act)

0 0%

Total 0

Table I: Applications transferred to other agencies.

Number of applications

transferred% of Total

Agency-Initiated Transfers 1 100%

Applicant - Initiated Transfers 0 0%

Total 1


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18/230 - DISTRIBUTION OF COUNCIL’S FINANCIAL ASSISTANCE/ DONATION FUNDS

Reference: File No. F32.04 Responsible Officer: Executive Director Corporate and Community

PURPOSE

The purpose of this report is to formalise the recommendation of the financial assistance and sponsorship committee, for the distribution of Council’s financial assistance funds, as per Council’s budget allocation and financial contributions and donations policy.

REPORT

Council received seventeen applications for financial assistance in the 2018/ 2019 program, along with an additional four applications transferred from the sponsorship program. These came from a cross section of community and sporting groups within the Hilltops LGA. The budget allocation for this program is $60,000, ($30,000 for Fund 1 and $30,000 for fund 2). As the program budget was not fully expended in this round, it is recommended that a second round of financial assistance applications be sought in February 2019.

Council staff reviewed the applications and provided recommendations for funding based on previous Council assistance and the current policy criteria to the financial assistance and sponsorship committee at a meeting held on 10 October 2018. As a result of that committee meeting the recommended funding allocations are:

Applicant Fund 2 - General Fund Staff Recommendation Harden CWA $ 500 Young Crisis Accommodation Centre $ 1,000 200 Army cadet unit – transport costs $ 1,000 Murrumburrah Light horse troop $ 500 Harden Murrumburrah Historical Society $ 250 Harden Murrumburrah Arts Council $ 500 Koorawatha Progress Association $ 933 Boorowa Darts $ 1,000 Jugiong Golf Club $ 1,000 Young & District Multicultural Association $ 1,000 Harden Murrumburrah Rugby League Football Club $ 500 Young Rugby League Masters $ 441 Murringo First Families Inc. $ 761.40 $ 10,385.40


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STATUTORY PROVISIONS Section 356 Local Government Act 1993

CONSULTATION Council called for applications for donations/ financial assistance over a four-week period, commencing the week of August 23, and closing September 13, 2018. A number of media channels were used along with direct email to all community groups listed on Council’s community/ stakeholder database. POLICY IMPLICATIONS Council is committed to providing appropriate and equitable assistance to the Hilltops communities. Council’s financial contributions and donations policy was adopted in September 2017, with the criteria within the policy used to assess the applications. FINANCIAL IMPLICATIONS An amount of $60,000 has been set aside in the 2018/2019 budget for financial assistance/ donations. ATTACHMENTS Attachment 1 - Overview of applications received

Fund 1 - Small Scale Infrastructure (50% of total cost) Burrangong Picnic Race Club $ 8,500 Young Lions Soccer Club $ 10,000 Young Golf Club $ 2,900 Harden Kennel Club $ 2,500 $ 23,900


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RECOMMENDATIONS It is recommended that Council;

1. Approve the financial assistance and sponsorship committees recommended projects to be funded in the 2018/2019 financial assistance/ donations program;

and;

2. Apply the remaining financial assistance budget of $6,100 from Fund 1 and $17,114.60 from Fund 2 to a second round of applications in February 2019.

Applicant Staff Recommendation Fund 2 - General Fund Harden CWA $ 500 Young Crisis Accommodation Centre $ 1,000 200 Army cadet unit – transport costs $ 1,000 Murrumburrah Light horse troop $ 500 Harden Murrumburrah Historical Society $ 250 Harden Murrumburrah Arts Council $ 500 Koorawatha Progress Association $ 933 Boorowa Darts $ 1,000 Jugiong Golf Club $ 1,000 Young & District Multicultural Association $ 1,000 Harden Murrumburrah Rugby League Football Club $ 500 Young Rugby League Masters $ 441 Murringo First Families Inc. $ 761.40 $ 10,385.40 Fund 1 - Small Scale Infrastructure (50% of total cost) Burrangong Picnic Race Club $ 8,500 Young Lions Soccer Club $ 10,000 Young Golf Club $ 2,900 Harden Kennel Club $ 2,500 $ 23,900

Attachment 1 – Summary of applications received and staff recommendations

Applicant Project Amount Requested

Staff Recommendation

Previous Council Financial Assistance/ Donations

Notes.

Fund 2 Applications- General Financial Assistance (max $1000)

Harden CWA Purchase of a laptop for secretary’s use

$1,000 $ 500

Fund 50% of cost from Small scale infrastructure fund if group are able to contribute the remaining 50%.

Young Crisis Accommodation Centre

Fundraising event- costs associated with event

$1,000 $1,000 Nil

Murrumburrah Harden Show Society

Free children’s activities at the annual show

$1,000 $ - Fairs/ Carnival activities ineligible for funding

200 Army cadet unit Contribution towards Council's water and sewerage availability charge

$500 $500 $500 2017 rates, $1000 2017 running costs

200 Army cadet unit

To assist with the transportation of cadets to various locations on Anzac Day and Remembrance Day.

$ 1,000 $1,000 $500 2017 rates, $1000 2017 running costs

Murrumburrah Light Horse Troop

Assistance with the cost to transport horses and troop to Anzac Day/ Remembrance Day ceremonies.

$ 500 $500 $500 2018, $500 2017, $500 2016

Harden Murrumburrah Historical Society

Printing of Historical Society Monthly Bulletin

$500 $250 $500 2018, $500 2017, $500 2016

Harden Murrumburrah Arts Council

Subsidising the cost of providing Children’s workshops.

$500 $500 $4,300 2017, $4,300 2016

Koorawatha Progress Association

Cost of public liability insurance $ 933 $ 933 $1750 2016 - Stage curtains

Harden Murrumburrah Historical Society

costs related to the Mackay Bronze unveiling and dedication ceremony

$500 $ -

Funding provided through SCF to complete this project, with additional funds available from that allocation.

Boorowa Darts To construct two portable dart boards for use in competition

$1,000 $1,000

Club wanting to run a large tournament in Boorowa, require approx $5,000 in sponsorship but missed the sponsorship program.

Applicant Project Amount Requested

Staff Recommendation

Previous Council Financial Assistance/ Donations

Notes.

Jugiong Golf Club a contribution towards the Council rates, water and crown land rent costs

$1,000 $1,000

Young & District Multicultural Association

Contribution towards the multicultural celebration event costs

$2,500 $1,000

Maximum financial assistance from general fund is $1,000

Harden Murrumburrah Rugby League Football Club

Contribution towards end of year presentations/ awards night

$1,000 $ 500 $500 2018, $500 2017, $500 2016

Donation in line with previous years of $500

Murringo First Families Inc. Quarterly Newsletter Printing $ 500 $500

Application diverted from Sponsorship program

Young Rugby League Masters

Hiring of additional portable amenities for use at the Masters Carnival at Keith Cullen Oval, Young.

$441 $ 441

Application diverted from Sponsorship program

Murringo First Families Inc. Monument of Bill O'Reilly - DA Costs

$761.40 $761.40 Application diverted from Sponsorship program

Total Fund 2 - General Fund (max $1,000)

$14,635 $10,385

Fund 1 Applications (50% co contribution required up to a maximum of $10,000)

Burrangong Picnic Race Club

Construction of Disabled toilets at Toompang Racecourse

$ 8,500 $ 8,500

50% contribution from club (cash and in-kind)

Young Lions Soccer Club Erection of aluminium tubular fencing at Hall Brothers Oval

$10,000 $10,000

Soccer club contributing $21,000 to project

Young Golf Club 50% contribution towards costs to improve course drainage

$ 2,900 $ 2,900

50% contribution from club (cash and in-kind)

Harden Kennel Club Construction of permanent structures and painting of existing buildings.

$ 5,000 $ 2,500

50% contribution from club (cash and in-kind). Application transferred from the sponsorship program.

Total Fund 1 - Small Scale Infrastructure (up to 50% of total project cost to a max of $10,000)

$ 26,400 $23,900

Overall totals $41,035 $34,285


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18/231 – CASH AND INVESTMENTS AS AT 30 SEPTEMBER 2018

Reference: File No. F7.00 Responsible Officer: Chief Financial Officer

PURPOSE

A monthly report detailing all Council investments in accordance with Clause 212 of the Local Government (General) Regulation 2005.

REPORT

A list of Council’s cash and investments as at 30 September 2018, and the source of the cash invested is detailed below. Institution S & P

Rating Date Lodged Maturity

Date Interest Rate

Value

ME Bank A-2 20-Feb-18 20-Nov-18 2.55% 500,000

Bendigo Bank A-2 28-Feb-18 28-Nov-18 2.55% 750,000

St George Bank A-1+ 19-Apr-18 19-Oct-18 2.72% 3,850,067

Commonwealth Bank A-1+ 30-Apr-18 30-Oct-18 2.70% 750,000

ME Bank A-2 25-May-18 29-Nov-18 2.72% 500,000

Bankwest A-1+ 21-Jun-18 20-Dec-18 2.80% 500,000

Bankwest A-1+ 26-Jun-18 17-Jan-19 2.80% 3,961,930

National Australia Bank A-1+ 11-Jul-18 06-Feb-19 2.75% 500,000

ME Bank A-2 26-Jul-18 23-Apr-19 2.80% 500,000

National Australia Bank A-1+ 28-Aug-18 27-Feb-19 2.65% 250,000

Commonwealth Bank A-1+ 30-Aug-18 03-Dec-18 2.53% 500,000

National Australia Bank A-1+ 05-Sep-18 08-Jan-19 2.62% 500,000

Newcastle Permanent BS A-2 12-Sep-18 10-Jan-19 2.50% 250,000

Commonwealth Bank A-1+ 27-Sep-18 26-Mar-19 2.64% 500,000

St George Bank A-1+ 21-Apr-18 21-Oct-18 2.65% 4,500,000

National Australia Bank A-1+ 20-Sep-18 20-Feb-19 2.62% 2,000,000

Police Credit Union NR 11-Jul-18 10-Apr-19 2.95% 2,000,000

MyState A2/BBB 12-Jul-18 12-Jan-19 2.75% 2,000,000

AMP Bank A-1 22-May-18 22-Nov-18 2.75% 2,000,000

MyState A2/BBB 06-Jun-18 22-Nov-18 2.83% 2,000,000

Auswide Bank NR 28-Jun-18 22-Nov-18 2.90% 2,000,000

ME Bank A-2 13-Jul-18 09-Jan-19 2.80% 2,500,000

Qbank NR 13-Jul-18 16-Jan-19 2.85% 2,500,000

MyState A2/BBB 12-Jul-18 11-Jan-19 2.75% 2,000,000

Bank of QLD NR 31-Aug-18 28-Feb-19 2.73% 3,000,000

AMP Bank A-1 13-Sep-18 12-Mar-19 2.80% 5,000,000


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National Australia Bank A-1+ 20-Sep-18 20-Feb-19 2.62% 2,000,000

Total Term Deposits 47,311,997

Bank and Cash Managed Fund

Bendigo Bank Ongoing 164,373

Commonwealth Bank Ongoing 147,165

NSW Treasury Corp Ongoing 8,015

NAB General Fund Ongoing 32,734

Commonwealth Bank Ongoing 76,614

IMB at Call Ongoing 5,000

NAB At call Ongoing 7,961

Commonwealth Bank Ongoing 6,276,644

Commonwealth on call Ongoing 205

Total Bank and Cash Management 6,718,711

Total Cash and Investments 54,030,708

Credit Quality Compliance The table below represent a visual picture of the risk rating of Councils portfolio.

% of funds invested in each category


24 October 2018


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% of Funds invested with each institution

STATUTORY PROVISIONS

Council investments comply fully with section 625 of the Local Government Act, 1993, Local Government (General) Regulation 2005 paragraph 212 and Council’s Investment Policy.

Certified by Judy Jordan, Responsible Accounting Officer on the 16 October 2018.

POLICY IMPLICATIONS

The Investment Policy was adopted by Hilltops Council on the 24 May 2016.

FINANCIAL IMPLICATIONS

Council’s interest income budget is $1,104,202, income earned to date is $206,427 (19%).

Investment of the merger funds have returned $1,080,730 in interest, this includes for the additional funding received in September this year and all expenditure to date. Of this amount $300,000 has already been used to co-fund the Cranfield oval works. Of the remaining interest $708,001 will be carried forward as part of the Sept QBR as monies earned in previous periods and the remaining $72,730 relates to the current year interest earned.

RECOMMENDATION

It is recommended that the Statement of cash and investments as at 30 September 2018 be received.


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18/232 – HILLTOPS LOCAL HERITAGE FUND 2018-2019 Reference: File No. F78.09 Responsible Officer: Director Sustainable Growth PURPOSE The purpose of this report is to seek Council’s endorsement of the disbursement of funds under the local heritage places fund for 2018-2019. REPORT In August 2018, Hilltops Council wrote to the owners of private items that have been listed as local heritage items, or identified as having local significance, and invited them to apply for a grant from Council’s Local Heritage Fund. These grants are to assist with conservation and restoration work. Council has an established Local Heritage Funds to support conservation and restoration works on privately owned items listed on the Young and Harden LEP Heritage Schedules and places identified as having local significance. The total budgeted amount for combined fund is $36,000.00. Owners of non-government owned properties meeting the following criteria are given an opportunity to apply for assistance:

o Places listed on Schedule 5 of the Young Shire LEP 2010 and the Harden Shire LEP 2011,

o Places recommended for inclusion in a new LEP in the review undertaken in Young Shire in 2015,

o Places included within the Young Heritage Conservation Zone, o Places across the Hilltops region identified as having local heritage

significance. Owners of the types of properties identified above were invited to obtain an information and application package regarding the local heritage fund. Letters notifying the grant program indicated that grants of up to $2,000 were available to assist owners undertake conservation and maintenance works on heritage buildings and places. Owners are required to at least match Council’s contribution. If Council manages the fund in accordance with the requirements of the Heritage Branch Office of Environment and Heritage, that agency will reimburse up to $17,0000.00 via grants at the end of the financial year. One of the key requirements is that the fund be dispersed with regard for the recommendations of Council’s Heritage Advisor.


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Eighteen (18) applications for grants were received for the following places:

(a) Ardresier Homestead, Glen Ayr Road, Harden (b) Pise Cottage, 22 Derby Street, Harden (c) Bribbaree Presbyterian Church, Weedallion Street, Bribbaree (d) Calabash Cottage, 332 Douglas Gap Road, Murringo (e) The Calabash Homestead, 314 Douglas Gap Road, Murringo (f) Christ Church Anglican Church, 2471 Murringo Road, Murringo (g) Crowther Creek Office & Store, “Cooyong” McNights Road, Crowther (h) Crowther Shearing Shed, 147 Reids Road, Crowther (i) Currawong Stockman’s Cottage, Hartfield Road, Harden (j) Galong Post Office (former), Lot 1 McMahon Street, Galong (k) Grant’s Store, 2255 Murringo Road, Murringo (l) Old Police Station (Hancock’s Store), 26 Murringo Gap Road, Murringo (m) Former Schoolmaster’s Residence, Ward Street, Harden (n) Orizaba Homestead, 2706 Murringo Road, Murringo (o) St Joseph’s Convent, Lot 4 & 5 Vernon Street, Murrumburrah (p) St Pauls Anglican Church, Swift Street, Murrumburrah (q) Trengove Park Grandstand, Bumbaldry Street, Koorawatha (r) Watson Toyota, 225 Boorowa Street, Young

The Watson Toyota application covered the removal and remediation of former in-ground fuel tanks. The Watson Toyota building (former Watson’s Garage) is eligible for funding as it is within the Young Heritage Conservation Zone. The works for which funding is being sought appear to have been completed before the application was submitted. They are also considered to be a low priority with regard to conservation of buildings. It is recommended that no funds should be allocated to this project. Council’s Heritage Advisor, Ray Christison of High Ground Consulting, evaluated the applications and has recommended that the grants be dispersed as shown in the tables below.


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Proposed projects Property SHI

No. Applicant Works Cost Request Recommended

Ardresier Homestead

0216 Todd Weston Restore verandah -Stage 2

$6,500.00 $3,250.00 $3,250.00

Pise Cottage 0235 Mark Potts Replace roof $15,485.00 $4,000.00 $4,000.00 Bribbaree Presbyterian Church

0062 Karen Rivers Repair & paint church windows

$4,000.00 $2,000.00 $2,000.00

Calabash Homestead (Cottage)

0069 Frank Baker Replace guttering $4,000.00 $2,000.00 $2,000.00

The Calabash Homestead

0237 Peter Golsby Repair exterior joinery

$4,225.00 $2,115.00 $2,000.00

Christ Church Anglican Church

0034 Christ Church Murringo

Repair masonry & paint exterior joinery

$2,230.00 $1,115.00 $1,115.00

Crowther Creek Office & Store

0334 Rob & Dorothy Nash Complete restorations

$4,000.00 $2,000.00 $2,000.00

Crowther Shearing Shed

0339 Beth & David Reid Restore wool press tower

$6,000.00 $3,000.00 $3,000.00

Currawong Stockman’s Cottage

0033 Brad Thorsby Repair & paint exterior timberwork

$4,180.00 $2,180.00 $2,000.00

Galong Post Office (former)

0131 Brett Rowley Replace guttering & paint exterior

$12,200.00 $6,000.00 $4,000.00

Grant’s Store 0079 Tricia Mack Improve stormwater drainage

$6,325.00 $1,265.00 $1,265.00

Old Police Station (Hancock’s Store)

0082 Improve stormwater drainage

$3,498.00 $700.00 $700.00

Orizaba Homestead 0117 Leanne Parkman Repaint exterior $9,019.35 $1,819.35 $1,620.00 St Mary’s Convent, Murrumburrah

0116 Julie Dunstan Re-point exterior brickwork

$1,100.00 $1,000.00 $550.00

St Paul’s Anglican Church, Harden

0040 Brad Thorsby Underpin northwest corner & repair cracks

$10,252.00 $2,000.00 $2,400.00

Former Schoolmaster’s Residence, Murrumburrah

0041 Charlie Lucas Replace guttering $4,985.00 $2,447.50 $2,000.00

Trengove Park Grandstand, Koorawatha

0142 Robert Trengove Stabilise grandstand foundations

$4,276.00 $2,276.00 $2,100.00

$134,185.35 $43,167.85 $36,000.00


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Relevant Reference Documents Harden Local Environmental Plan 2011 Young Shire Local Environmental Plan 2010 Hilltops Local Heritage Fund Guidelines 2018-2019

CONSULTATION

Owners of items listed as items of local heritage, owners of culturally significant buildings, Hilltops Council, public.

POLICY IMPLICATIONS

The disbursement of funds is in accordance with the NSW Heritage Branch Guidelines and Council’s Community Strategic Plan to protect the built and natural environment.


There is an established budget of $36,000.00 for Council’s Local Heritage Fund. At the end of the financial year it is expected that Council will receive a grant of up to $17,000.00 from the Heritage Branch, Office of Environment & Heritage.

RECOMMENDATION

It is recommended that Council; disperse $36,000 from the Local Heritage Funds 2018-2019 via the following grants:

(a) $3,250.00 for Ardresier Homestead, Glen Ayr Rd, Harden. (b) $4,000.00 for Pise Cottage, 22 Derby S., Harden. (c) $2,000.00 for Bribbaree Presbyterian Church, Weedallion St, Bribbaree. (d) $2,000.00 for Calabash Cottage, 332 Douglas Gap Road, Murringo. (e) $2,000.00.00 for The Calabash Homestead, 314 Douglas Gap Road,

Murringo. (f) $1,115.00 for Christ Church Anglican Church, 2260 Murringo Rd., Murringo. (g) $2,000.00 for Crowther Creek Office & Store, “Cooyong” McNights Rd.,

Crowther. (h) $3,000.00 for Crowther Shearing Shed, 147 Reid’s Rd., Crowther. (i) $2,000.00 for Currawong Stockman’s Cottage, Hartfield Rd., Harden. (j) $4,000.00 for Galong Post Office (former), Lot 1 McMahon St., Galong. (k) $1,265.00 for Grant’s Store, 2255 Murringo Rd., Murringo. (l) $700.00 for Old Police Station, 26 Murringo Gap Rd., Murringo. (m) $1,620.00 for Orizaba Homestead, 2706 Murringo Rd., Murringo. (n) $550.00 for St Mary’s Convent, Lots 4 & 5 Vernon St., Murrumburrah. (o) $2,400.00 for St Paul’s Anglican Church, Swift St., Harden. (p) $2,000.00 for Former Schoolmaster’s Residence, Ward St, Harden. (q) $2,100.00 for Trengove Park Grandstand, Bumbaldry St, Koorawatha.


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18/233 – DEVELOPMENT APPLICATION STATISTICS FOR SEPTEMBER 2018 Reference: File No. F154.00 Responsible Officer: Director Sustainable Growth PURPOSE The purpose of this report is to provide information on the status of development applications (DAs) as at 30 September 2018. REPORT The DA statistics table provided below, outlines the status and processing times of development applications for the month of September 2018. The figures provided indicated that at the end of the reporting period: fourteen (14) applications were approved under delegated authority, one (1) application was approved by Council, fifty-four (54) applications were undetermined, the net average processing time was 42 days, and the median processing time was 33 days. It should be noted that these figures are a monthly average, and include those applications undetermined, and are not necessarily a true indication of DA time frames. However, they are a good indication of how staff are progressing. Complying development certificates (CDCs) are reported for information only, and are not included in the processing figures, as these have a 10 day time frame as prescribed by legislation. At the end of the reporting period: zero (0) CDC’s were lodged or issued. STATUTORY PROVISIONS Council is required to provide development application data to the Department of Planning and Environment by 31st July each year. The data identifies all development applications and modifications determined by Council, and all CDCs and ancillary certificates (such as occupation, construction and subdivision certificates) issued by Council. This data provided for information, helps in compiling the data to send to the Department. CONSULTATION

No consultation undertaken or required to be undertaken as part of this report.


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POLICY IMPLICATIONS This report is for information only, and there are no policy implications arising from this report. FINANCIAL IMPLICATIONS This report is for information only, and there are no financial implications arising from this report. ATTACHMENTS Attachment 1 - DA report RECOMMENDATION It is recommended that Council; receive and note the status and processing times for development applications, as at 30 September 2018.

ATTACHMENT 1 – DEVELOPMENT APPLICATIONS

DA Number Date lodged Applicant Site address Works Status

Clock stopped (days)

External referrals

Date Determined

Processing time (days – including weekends & public holidays

T2013-058 29/10/2013 M Dujik Lot 687 Saleyards Road, Harden

Dwelling (alterations and additions) Clock stopped 1791 6

2017/DA-00134 4/08/2017

CPC Land Development Consultants

235 Henry Lawson Way, Young

Subdivision - four (4) lots On referral 331

RMS - 250 days 91

DA039-2017 5/10/2017 S Parish 1861 Tarrants Gap Road, Wyangla

Dwelling (new) and shed

Approved by Council 82

RFS - 175 days 26/09/2018 274

2017/DA-00190 6/11/2017 Mr W J Chapman

Crown road, off Bribbaree Road, Maimuru

Infrastructure - Construction of access road Under assessment 228 100

2018/DA-00014 25/01/2018

Wade Anthony, CPC Land Development Consultants

81 Isaacs Road, Young Subdivision - 24 lots Clock stopped 207 41

2018/DA-00056 10/04/2018 Scott Mellross 8E Old Temora Road, Young

Commercial - warehouse and office, with amenities Under assessment 90 83

2018/DA-00057 12/04/2018 Susan Apps 99 - 117 Lovell Street, Young

Commercial - office and shop extension Clock stopped 110

Essential Energy - 36 days 31/08/2018 61

2018/DA-00058 12/04/2018 Caleb Jackson

20 Telegraph Road, Young

Demolition of existing buildings and site levelling Clock stopped 156 31/08/2018 15

2018/DA-00062 23/04/2018 Z Stankovic 22 Browns Lane, Young Dwelling (new) Under assessment 31 31/08/2018 129



External referrals

Date Determined


T2018-015 30/04/2018 Ms Kacie Leithner

348 Albury Street, Harden Change of use Clock stopped 123 31/08/2018 30

2017/DA-00171 REV01 29/05/2018

Peter Joseph Ronald Spring

45 Caple Street, Young

Modification: Shed - change material colourbond to galvanised iron Clock stopped 74 31/08/2018 50

T2003-025 MOD4 31/05/2018

Sibelco Australia Pty Ltd

342 Eubindal Road, Galong

Modification (mining) - increase product dispatch and changes to haulage routes Under assessment RMS - 77 31/08/2018 122

2018/DA-00088 7/06/2018 Jeffrey Wayne Adams

37 - 39 Campbell Street, Boorowa

Subdivision (residential) - three (3) lots Under assessment 47 31/08/2018 68

2018/DA-00090 14/06/2018 Mr WJ Chapman

37 Elizabeth Street, Young

Subdivision (residential) - 6 lots and new road Clock stopped 87 RMS - 41 31/08/2018 21

2018/DA-00093 20/06/2018 P Harris

Lot 8 Caringa Road, Godfreys Creek

Dwelling (new) and garage Under assessment 65 37

2018/DA-00097 29/06/2018 Craig filmer, DA Busters

61 Fontenoy Street, Young

Continued Use - Tennis court, retaining wall, pontoon structure Approved 12

06/09/201831/08/2018 57

2018/DA-00098 30/06/2018 Young District Arts Council

96 Main Street, Young

Community facility - internal alterations to Southern Cross Cinema Approved 06/09/2018/ 68

2018/DA-00099 2/07/2018 TSD Surveying 88 Brial Street, Subdivision - Approved 20/09/2018 80



External referrals

Date Determined


Boorowa boundary adjustment

2018/DA-00100 2/07/2018 Everdell Construction

32 Gordon Street, Young

Dwelling - rebuild/repair fire damaged dwelling Approved 13 13/09/2018 60

2018/DA-00101 3/07/2018 Andy's Design and Drafting

13 Lovell Street, Young

Change of use - dwelling to health care building, alterations and additions Clock stopped 70 19

2018/DA-00103 6/07/2018 John Prest 13 Caple Street, Young

Multi-residential - 2 units, house demolition and subdivision Under assessment 29 57

2018/DA-00105 6/07/2018



Subdivision (residential) - 17 lots and new road Under assessment 29 RMS - 28 57

T2018-024 10/07/2018 Hilltops Council

History Hall, Albury Street, Harden

Community facility - alterations and additions to History Hall Under assessment RMS - 32 82

2018/DA-00107 13/07/2018 Billal El Amoud

77 Ricketts Road, Young

Intensive horticulture - orchard Under assessment 35 44

2018/DA-00108 16/07/2018 Lachlan Harrison

1291 Belowra Road, Murringo Shed Clock stopped 45 31/08/2018 31

T2018-025 17/07/2018 Hilltops Council

4559 Burley Griffin Way, Harden

Sporting facilities building Clock stopped 59 31/08/2018 16

2018/DA-00111 13/07/2018 John Byrne 3133 Moppity Landfill - for inert Under assessment 43 31/08/2018 36



External referrals

Date Determined


Road, Young demolition waste

2018/DA-00115 25/07/2018 James McMahon


Subdivision (residential) - 74 lots and new roads Clock stopped 40 RMS - 11 31/08/2018 27

2018/DA-00116 26/07/2018 Judith Scelly 44 Berthong Street, Young Shed Approved 42 28/09/2018 21

2018/DA-00117 31/07/2018 D Tame 661 Spring Creek Road, Young

Shed and dwellings (additions) Clock stopped 54 31/08/2018 7

T2018-027 2/08/2018 S & F Manwaring

Lot 37 Gloaming Road, Harden Shed Approved 13/09/2018 42

2018/DA-00118 2/08/2018 Scott Hoskins 150 Belmore Road, Young

Dwelling (new) - conversion of shed to dwelling Under Assessment 72

2018/DA-00119 3/08/2018 Aiman Al Sayad

602 Spring Creek Road, Young Shed Under assessment 31/08/2018 58

2018/DA-00120 3/08/2018 Aiman Al Sayed

602 Spring Creek Road, Young Shed Under assessment 31/08/2018 58

T2018-028 6/08/2018 Andy's Design & Drafting

Lot 1, Olympic Highway South, Wallendbeen

Rural industry - extension to existing packing shed and use of amenities Approved RMS - 3 25/09/2018 50

2013/DA-00140 REV01 6/08/2018

Andy's Design & Drafting

190 Sads Lane, Monteagle

Modification - (new dwelling) - amend layout and fabric Clock stopped 54 31/08/2018 1

2016/DA-00119 REV02 8/08/2018

Mahmoud Chatila

66 Demondrille Street, Young

Modification (dam modifications) - 7.12 contribution exemption Under assessment 31/08/2018 53

2018/DA-00123 10/08/2018 AD Tanner 22 Curtis Place, Dwelling (new) and Approved 6 11/09/2018 26



External referrals

Date Determined


Constructions Pty Ltd

Young shed

2018/DA-00124 10/08/2018


14 Briggs Street, Young

Subdivision (residential) - 4 lots Under assessment 51

2018/DA-00125 13/08/2018


32 Briggs Street, Young

Subdivision (residential) - 7 lots Under assessment 48

2001/DA-00016 REV03 13/08/2018

Blantyre Farms Pty Ltd

3009 Murringo Road, Young

Modification - rural industry (piggery) - change roofing materials on six (6) existing sheds Approved 27/09/2018 45

2018/DA-00127 14/08/2018 ARL Consulting

25 Hazelton Place, Young

Dwelling (new) - conversion of shed to dwelling Approved 14/09/2018 31

2018/DA-00128 16/08/2018

Carwoola Pastoral Co Pty Ltd

2060 Wargeila Road, Laverstock Shed Approved 13/09/2018 28

2018/DA-00129 20/08/2018 Craig Filmer 5 Park Avenue, Young

Dwelling (alterations/additions) Under assessment 41

2018/DA-00130 21/08/2018 Andrew Long 29 Goldview Close, Young Dwelling (new) Under assessment 40

2018/DA-00131 21/08/2018

Brendan Minehan, National Financial Services

17 Thornhill Street, Young

Subdivision (community title) - 5 lots Under assessment 40



External referrals

Date Determined


2018/DA-00132 22/08/2018 Brenton Smythe

604 Milvale Road, Burrangong Earthworks Clock stopped 19 RMS-37 20

2018/DA-00063 REV01 24/08/2018

Andrew Williams

18 Rules Road, Young

Modification - dwelling (new) - changes to floor plan Approved 27/09/2018 34

2018/DA-00133 27/08/2018 Michael Terry

250 & 252 Boorowa Street, Young

Commercial (alterations and additions to existing buildings) Under assessment 34

2018/DA-00121 28/08/2018 M & T Crowe 16 Marsden Street, Boorowa

Commercial (alterations and additions to existing buildings) Under assessment 33

2018/DA-00134 28/08/2018 Jane Fisher

4334 Olympic Highway North, Koorawatha

Community Facility - awning to public hall Under assessment 33

2018/DA-00135 28/08/2018 Michael Dluzniak

2623 Darby Falls Road, Wyangla

Commercial - wholesale nursery and shed Under assessment 33

2018/DA-00136 29/08/2018 Pauline Geppert

8/3A Miro Street, Young

Dwelling (alterations & additions) Clock stopped 27 5

T2018-29 30/08/2018 M Robilliard 1496 Back Creek Road, Kingsvale

Dwelling (alterations & additions) Under assessment 31

2018/DA-00137 30/08/2018 Mark Robertson

28 McNarry Place, Young Garage Clock stopped 30 1

2017/DA-00157 REV01 30/08/2018

Steven Madge


Modification - dwelling (new) - revised BASIX and Approved 28/09/2018 29



External referrals

Date Determined


modify garage location

2018/DA-00138 31/08/2018 Amelia Norton

9 Bruce Street, Young

Dwelling (alterations/additions) and shed Clock stopped 27 3

2018/DA-00139 03/09/2018 Bradley Cross 315 Back Creek Road Young

Dwelling (Alterations and additions) Under assessment 27

2018/DA-00140 04/09/2018 Anthony Foster

55 Binalong Street Young Shed Approved 27/09/2018 23

2018/DA-00141 05/09/2018 RL D’Elboux 53 Bang Bang Street Koorawatha

Demolition of dwelling and installation of shipping container Clock stopped 23 2

2018/DA-00142 05/09/2018

Dickinson Livestock & Building

1 Gurney Place Boorowa Dwelling (New) Under assessment 25

2018/DA-00143 07/09/2018 Christian Rowan

22 Tadros Avenue Young

Dwelling (alteration &Additions) – use of pergola Under assessment 23

2018/DA-00144 10/09/2018

Wade Anthony, CPC Land Development Consultants

46 Curtis Place, Young

Subdivision (residential) – 2 lots Under assessment 20

T2018/030

25/09/2018

Alfred Barker

10 Jack Ward Drive Harden

Subdivision (industrial) – 2 lots

Under assessment

5

2017/DA-00196 – REV 01 17/09/2018

Andy’s Design & Drafting

9 Thistle Street Monteagle

Convert Existing Storage Shed into a Under assessment 13



External referrals

Date Determined


two bedroom Dwelling

2018/DA-00094 - REV 01 17/09/2018 Emma Harris

3 Browns Lane Young

Decrease front boundary setback Under assessment 13

2018/DA-00145 19/09/2018 A McDonald 250 Boorowa Street Young Sign Under assessment 11

2018/DA-00146 25/09/2018


709 Olympic Highway Young Subdivision six lots Under assessment 5

2018/DA-00147 26/09/2018 R Healy

90 & 114 Telegraph Road Young

Extension of existing industrial shed Under assessment 4


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18/234 – 2018/DA-00056 MOD1 WAREHOUSE AT 8E OLD TEMORA ROAD, YOUNG – SECTION 4.55 REQUEST FOR MODIFICATION OF YOUNG INDUSTRIAL ESTATE ROADS AND STORMWATER CONTRIBUTIONS AND ACCESS DRIVEWAY SEALING Reference: File No. 2018/DA-00056 MOD1 Responsible Officer: Director Sustainable Growth PURPOSE The report is presented to Council as the Applicant has lodged a modification application which seeks, amongst other things, a reduction in the development contributions levied, under Section 7.11 (formerly Section 94) of the Environmental Planning and Assessment Act, 1979, on Development Consent no. 2018/DA-00056 for the erection of a warehouse at 8E Old Temora Road, Young. The request to vary the imposition of falls outside of staff delegations, it is therefore reported to Council for determination. REPORT Background The Environmental Planning and Assessment Act, 1979 recognises the need for developments to offset environmental impacts and to ensure infrastructure is (or will be) in place to meet the future demands of users, without placing further pressure on the broader community. Based on this principle, the Act allows councils to levy developer contributions through an adopted Section 7.11 (former Section 94) Contribution Plan. Development Consent No. 2018/DA-00056 was granted on 13 September 2018 for the erection of a warehouse at 8E Old Temora Road, Young. In accordance with Council’s Section 7.11 Developer Contributions Plan 2016, contributions were imposed as a condition on the consent as follows:

Payment of a Section 7.11 contribution is required towards the upgrade of roads and stormwater drainage systems in the IN1 zone, in accordance with Council’s Section 94 Developer Contributions Plan (former Young Shire Council). Payment must be made prior to the issue of a Construction Certificate, and if payment is made prior to 30 June 2019, the contribution payable is $8,360.90 (2045sqm developed area). Payment of the contribution after this date will be at the rate nominated in Council’s Fees and Charges.

Council’s Section 7.11 Developer Contributions Plan 2016 was adopted by the former Young Shire Council on 20 April 2016. The Plan authorises a condition on developments within the IN1 zone roads and stormwater upgrade contribution area to fund planned infrastructure in the Young industrial area.


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Under the Plan, $3,869,801.00 is the cost of the planned infrastructure upgrades in the Young industrial area. A 20-year timeframe is estimated for the collection of the 40% ($1,547,920.40) of the cost that is attributed to future developments within the contribution catchment. The extract below shows the roads and stormwater upgrade contribution area, with the subject property highlighted.

Figure 1: Section 7.11 Developer Contributions Plan 2016: IN1 zone roads and stormwater upgrade contribution area.

The Applicant made representations to Council regarding the contribution and was advised of the process for review, being a Section 4.55(1) application to modify the consent. This report is presented to Council for determination as the proposal seeks a significant variation to Council’s Section 7.11 Developer Contributions Plan 2016. Proposed modification The proposed modification relates to the following aspects of the approved development under Development Consent No. 2018/DA-00056:

a) Reduce Section 7.11 contribution payable to $2,110.50; and b) Reduce sealing of the access driveway to the area between the road

edge seal and the property boundary.

Section 7.11 Calculation Section 7.13 of the Environmental Planning and Assessment Act, 1979 provides:

“A consent authority may impose a condition under Section 7.11 and 7.12 only if it is of a kind allowed by, and is determined in accordance with, a contributions plan.”


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Contributions within the Young industrial area are levied based on a square metre rate of any new developments. The contribution rate adopted by Council’s Section 7.11 Developer Contributions Plan 2016 is as follows:

$1,547,920.40/40ha = $3.87 per sqm plus $140.00 administration. With CPI adjustment, the contribution rate is presently $4.02 per sqm.

According to Table 12 of the Plan, the contribution rate shall be applied to the curtilage of any proposed build development or use of land, including driveways, parking areas and storage. The contribution for Development Consent No. 2018/DA-00056 was calculated as follows in accordance with the Plan: Development Developed area Contribution Warehouse 525sqm $2,110.50 Parking and circulation area 800sqm $3,216.00 Access driveway 720sqm $2,894.40 Total 2045sqm $8,360.90 ($8,220.90 + $140.00) The Applicant has provided a modification statement indicating the Section 7.11 contribution imposed by the Plan is unreasonable in the circumstances relating to this application. The statement indicates there is an easement on the property that restricts alternative building or site designs to reduce the excessive length of the access driveway (and associated contributions for the developed area). A copy of the site plan showing the easement and the development is shown in Figure 2. The statement also notes that the contributions levied are not being spent in the immediate area on road sealing, kerb and gutter, sign posting, footpaths, lights etc. to support the Young industrial area. The Applicant proposes that the contribution for the development should be levied based on the warehouse floor area only (excluding access, parking and circulation areas), which is a variance to the Plan. Whilst it is acknowledged that the property is unique, with the vast majority of the land burdened by an easement for Essential Energy’s 66kV sub-transmission line and a 11kV transmission line supplying electricity to surrounding properties in the locality, there is no provision within the Plan for discounting of contributions for such constraints. Accordingly, to impose a condition of consent as such would be contrary to the provisions of the Plan. Notwithstanding, the Plan does provide an exemption from contributions for developments that, in the opinion of Council, do not increase demand for road or stormwater infrastructure.


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Figure 2: Site Plan.

Figure 3: Site photo showing Essential Energy’s transmission lines.


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The development is expected to generate 16 daily vehicle trips via Old Temora Road. The development would benefit from the planned infrastructure upgrades, particularly with heavy vehicle access to and from Milvale Road via Old Temora Road, under the Plan. It is considered that Council’s Section 7.11 Developer Contributions Plan 2016 itself is reasonable as it levies contributions for the infrastructure needs of industrial developers, to ensure efficient, effective and safe vehicular movement through the Young industrial area which has been found to be deficient.

Council needs to ensure consistency, transparency and equitability in the application of its plans. Any contribution discounts may delay infrastructure upgrades under the Plan and Council would need to identify alternative funding sources for such works.

Environmental Assessment Under Section 4.55(1A) of the Environmental Planning and Assessment Act, 1979 (the Act), Council may modify Development Consent No. 2018/DA-00056 if:

(a) it is satisfied that the proposed modification is of minimal environmental impact.

Comment: The proposed modification to the conditions concerning Section 7.11 contributions and access driveway sealing are of minimal environmental impact.

(b) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified (if at all).

Comment: The original development consent approved a warehouse with a floor area of 525sqm, an all-weather parking and circulation area with a sealed access driveway to cater for a single truck (12.5m length). In comparison, the modified development is materially the same, with a sealed access driveway to cater for a light vehicle (5.2m length).

(c) it has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 5) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent.

Comment: The original development did not require concurrence from the Minister, public authority other approval body.


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(d) it has notified the application in accordance with: (i) the regulations, if the regulations so require, or (ii) a development control plan, if the consent authority is a council that

has made a development control plan that requires the notification or advertising of applications for modification of a development consent.

(e) it has considered any submissions made concerning the proposed

modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

Comment: In accordance with the Young Development Control Plan 2011, the modification is a type of application that is exempt from notification.

(f) In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 4.15 (1) as are of relevance to the development the subject of the application. The consent authority must also take into consideration the reasons given by the consent authority for the grant of the consent that is sought to be modified.

Comment: The application was originally assessed having regard to the matters for consideration under the provisions of Section 4.15(1) of the Act and supported for the following reasons:

The proposal complies with the terms of the relevant Environmental Planning Instruments.

The development is an appropriate use of industrial land in an established industrial estate well serviced with necessary infrastructure.

The development, subject to conditions, will not have any unacceptable adverse impacts on the environment, and will not pose any impacts on the amenity of adjoining properties or the locality.

The proposed on-site detention and absorption system to service the development will maintain natural flows in the locality.

The significant trees to be removed to cater for the development will be suitably offset with native plantings.

The aspects to be modified are assessed below. Any environmental planning instruments or draft instruments Young Local Environmental Plan 2010 (LEP) The modified development is consistent with the IN1 General Industrial zone objectives as it would establish a warehouse to support local and regional businesses.


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State Environmental Planning Policies (SEPPs) All comments made in relation to relevant SEPPs under the original assessment remain valid for the modified aspects. No further assessment is required. Any development control plan

Young Development Control Plan 2011 (DCP) In addition to the reduction in the contributions payable, the modified proposal also seeks to reduce the sealing of the access driveway to the area between the existing road edge seal and the property boundary. This is consistent with control AID2.3 under Section 2.9 Industrial Development of the DCP, which states: “access driveways within the road reserve are constructed of concrete”. However, control AID2.1 of the DCP requires site access, on-site vehicle circulation areas and manoeuvring areas to be provided in accordance with the access and parking requirements in Section 4 of the DCP. Control APA3.2 under Section 4 of the DCP requires:

“All car parking areas, driveways, turning areas and loading areas are paved in either a bitumen seal coat, asphaltic or bituminous concrete, cement concrete, concrete paving blocks, or brick paving blocks”.

In assessing non-compliance with controls AID2.1 and APA3.2, it is necessary for Council to consider the following underlying objectives of these controls:

a) To ensure that roads, allotment access and parking areas are constructed to a standard that is durable and suitable for the proposed use; and

b) All parking bays must be readily accessible, and an adequate area is provided for the turning and manoeuvring of vehicles.

The Applicant’s justification for reducing the extent of sealing for the access driveway indicates that surrounding property accesses onto the private road (8B and 8D Old Temora Road) have been constructed with a reduced sealed property access. Council’s Engineering Guidelines require property accesses to be sealed where the connecting road is sealed. In this instance, the adjoining private road is sealed and therefore, the property access must be constructed to a sealed standard. The requirement for the full sealing of the vehicular access, parking and circulation areas (control APA3.2) is not enforced for industrial developments by Council; instead, a 10m area inside the property and the property access is to be sealed to cater for the standing of a single truck (12.5m length). The Applicant has not provided further information on the type of vehicles likely to enter the property but, has indicated that the development is expected to generate minimal traffic in the locality. This is supported by the RTA’s Guide to Traffic Generating Developments, which suggests 16 daily vehicle movements


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are expected. It is considered that a properly constructed internal all-weather standard of at least compacted road building gravel would provide a durable and suitable pavement for the development. There are no sensitive receptors in the area that would be affected by the use of an unsealed pavement. An adequate parking and manoeuvring area would be provided on-site to cater for single trucks and passenger vehicles. Council’s Engineers also reviewed the modified proposal and support the modification as the proposed property access opens onto a sealed private road servicing several other properties as a right of way (not a public road). The development does not impact on the efficiency and ongoing operation of surrounding roads and the extended sealing is not required for road safety reasons or protection of public infrastructure. As detailed above this aspect of the modified development is consistent with the underlying objectives of controls APA3.2 and AID2.1 and can be supported under the DCP.

The likely environment, social and economic impacts in the locality The modified development is unlikely to cause greater impacts than the development that was originally approved. The proposal is not expected to result in detrimental impacts on the natural or built environment. The modified proposal is compatible with the other industrial developments along the private road and within the broader locality.

The suitability of the site for the development The modification does not affect the design and layout of the development as approved. The site is mostly surrounded by vacant land zoned for industrial purposes. The site is considered suitable for the development as originally assessed.

The public interest The original development was approved in accordance with Council’s Section 7.11 Developer Contributions Plan 2016 and Young Development Control Plan 2011. The modification has been assessed against these plans and the request for a reduction in contributions toward infrastructure upgrades in the Young industrial area is not considered to be in the public interest.

CONCLUSION

The modification application has been assessed in accordance with the matters for consideration under Section 4.55(1) of the Environmental Planning and Assessment Act 1979, and all relevant environmental planning instruments, and the modification relating to the property access sealing is considered to be acceptable.

However, the proposed reduction in the Section 7.11 contribution payable for the development is not in accordance with Council’s Section 7.11 Developer


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Contributions Plan 2016 and the Environmental Planning and Assessment Act 1979. Accordingly, this aspect of the modification is recommended to be refused.


The modification application has been assessed in accordance with the matters for consideration under section 4.55(1) of the Environmental Planning & Assessment Act, 1979, all relevant environmental planning instruments and policies. CONSULTATION

Nil consultation required.

POLICY IMPLICATIONS

The wider implications of waiving or reducing contributions levied by Council’s Section 7.11 Developer Contributions Plan 2016 need to be considered. The Plan was developed and costed based on the upgrades identified. $3,869,801.00 was identified as the amount required to undertake the planned drainage and road works for the Young industrial area and a 20-year timeframe was estimated for the collection of the 40% of the cost that Council decided should be attributed to future development. Waiving or reducing contributions will delay the planned works or result in the contribution being provided from Council’s general revenue, essentially meaning the Hilltops ratepayers will be subsidising the development’s contribution.

The Plan will be reviewed as part of the preparation of the comprehensive Hilltops LEP and the variations and waivers of contribution fees will also be considered.


Any variation to the levied contribution will potentially impact on the collection of funds under Council’s Section 7.11 Developer Contributions Plan 2016, which will in turn reduce the ability of Council to fund planned road and drainage infrastructure upgrades in the Young industrial area.

The contribution payable for the approved development based on the Plan is $8,360.90. The Applicant is seeking a reduction to $2,122.56 which would be a variation to the plan of $6,238.34.


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RECOMMENDATION It is recommended that Council;

A. Refuse a reduction in payment of Section 7.11 contribution, in relation to Development Consent 2018/DA-00056 for a warehouse at 8E Old Temora Road, Young, for the following reasons:

1. Condition no. 8 of the consent relating to a contribution under

Section 7.11 of the Environmental Planning and Assessment Act, 1979 has been correctly levied in accordance with Council’s Section 7.11 Developer Contributions Plan 2016; and

2. Section 7.11 contribution discounts are not in the public interest as such reductions are not governed by Council’s Section 7.11 Developer Contributions Plan 2016 and may delay infrastructure upgrades in the Young industrial area.

B. Amend condition no. 35 of the Development Consent 2018/DA-00056 to

read:

1. A concrete access driveway must be constructed from the road edge seal to the property boundary generally in accordance with the approved drawings and the following minimum standards:

a) Minimum 150mm concrete thickness with SL72 mesh; b) Minimum width of 6 metres from the road edge to the property

boundary; c) Where an access is constructed over Councils water, sewer, or

stormwater mains a minimum of 450mm cover is required over the main. Clearance to other services shall be by approval of the relevant service authority; and

d) Minimum 300mm diameter reinforced concrete pipe or concrete dish drain is to be provided across the driveway to allow for roadside drainage.


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18/235 – BURLEY GRIFFIN WAY INTERSECTION UPGRADE Reference: File No. F72.13 Responsible Officer: Director Sustainable Growth PURPOSE The purpose of this report is to provide information on the options available to progress the upgrading of the Burley Griffin Way intersection works required as part of the modification conditions of consent issued in 2015 for the increased dispatch of lime product from the limestone mine at Galong and to seek Council’s determination on the use of its powers as the roads authority to acquire the land. The acquisition of land by Council is a function that is not able to be delegated and this matter is therefore presented to Council for determination. REPORT A development consent issued in 2003 (T03-025) allowed extraction of limestone from the existing mine at Eubindal Road Galong of up to 500,000 tonnes per year. However, dispatch of product was limited to 200,000 tonnes per year. In 2015 the former Harden Shire Council approved an increase in dispatch from the mine from 200,000 tonnes per year to 320,000 tonnes per year. In granting development consent a condition was imposed that required the upgrading of the intersection of Limestone Way and Burley Griffin Way. Despite the time lapse construction has yet to commence on the intersection upgrade. The following is a timeline of progress to date on the intersection upgrade works to achieve compliance with the conditions of consent as presented by the applicant: DESIGN 2015 GHD engaged to undertake survey and design works; Geotechnical investigation, concept design, initial pavement design submitted for RMS review and consultation with Council undertaken; RMS requested design changes. 2016 Design changes as requested complete; Additional design changes requested by RMS that affected design area and scope of works; Design refinement and review 2017 RMS provided formal Works Authorisation Deed which required further design review with RMS including Road Safety Audit and design detail; Final proposed design plan completed by GHD;


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2018 Geometric design approved by RMS, final pavement design and asset concurrence required after execution of Works Authorisation Deed; Council requested to provide tender for works; Council tender not accepted; Competitive tender process undertaken and completed in September; Clarification and final negotiation being undertaken at the time of writing; Works Authorisation Deed to be executed on engagement of contractor.

LAND ACQUISITION In order to complete the construction of the intersection as designed it is necessary to acquire to small parcels of land from Bobbara Station. One portion on the northern side of Burley Griffin Way is 197.4m2; the other on the south eastern corner of Limestone Way and Burley Griffin Way is 312.4m2. See figure 1. The progress to date on the acquisition of these parcels to allow construction of the access as provided by the applicant is as follows: July 2017 contact established with the owners of the land (Union Agriculture) through their Australian Based representative, Hal Zhou; August 2017 Onsite inspection and discussion with Union Agriculture; November 2017 Report submitted to Union Agriculture regarding acquiring the land; April 2018 Valuation report issued to Union Agriculture representative (Hal Zhou) and verbal in principle agreement reached; May 2018 Verbal agreement in relation to the sale of the land and purchase price; July 2018 Contact with Union Agriculture with intent to prepare contract of sale for land; Advise received Hal Zhou no longer employed by Union Agriculture; Contact established with Union Agriculture in Beijing; Advice received that Union Agriculture do not wish to sell land; September 2018 Representation made to Union Agriculture representative (Ming Lu) providing background and reasoning for acquisition of land and request to reconsider selling the land; Correspondence received from Ming Lu of Union Agriculture stating that Union Agriculture will not sell any land; Requests for meetings with Ming Lu rejected;


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Council informed that land was unable to be acquired by negotiation to undertake necessary intersection upgrades; Assistance requested from RMS to acquire land, no formal response has been received from RMS, however indications are that RMS in unlikely to use their powers to compulsory acquire the land; October 2018 Council assistance sought to acquire the land as the roads authority; Formal correspondence received by Council from the RMS indicating that they are not in a position to acquire land for the road in these circumstances.

Council, as the roads authority, Council is able to use its powers under Divisions 2 and 4 of the Roads Act, 1993 to open a public road. The process for acquiring such land is set out in the Land Acquisition (Just Terms Compensation) Act 1991. Under the Land Acquisition Act Councils may acquire land by either private agreement with the land owner or through compulsory process. Where negotiation is able to be reached with the land owner the process is not dissimilar to that of a private sale where a price and settlement terms are negotiated by both parties. Where however, a private agreement cannot be reached Council may acquire the land by compulsory acquisition.

In this instance the applicant has indicated that they are unable to obtain the land for the construction of the intersection upgrades to comply with the imposed conditions of consent and are seeking Council assistance to acquire the land to allow the intersection to be upgraded. Council has not taken any action to date regarding the breach of consent in not constructing the intersection in the knowledge that various negotiations were taking place. To enforce the conditions of consent would be to restrict the dispatch of lime products to 200,000 tonnes per year until such time as the intersection upgrade works are complete. Should Council choose this option this may result in the ability of the farming community to obtain required lime products in a timely manner as witnessed in the years previous to the 2015 modification consent.

CONSULTATION

Should Council accede to the request for assistance, a process of attempting to acquire the land by negotiated private agreement is required. If that is unsuccessful the consultation and process for compulsory acquisition is set out by legislation.

POLICY IMPLICATIONS

The decision to support or not support the request for assistance does set a precedent position for Council. There is no current policy on this matter and the acquisition of land is not a matter that is able to be delegated, accordingly all matters of this nature need to be reported to Council for determination.


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FINANCIAL IMPLICATIONS Should Council agreed to assist in the acquisition of land in this matter, it is expected that the applicant would meet all costs borne by Council. ATTACHMENTS Attachment 1 - Portions of Lot 7 DP747544 identified for acquisition RECOMMENDATION Submitted for Council’s determination.

Attachment 1 - Portions of Lot 7 DP747544 identified for acquisition


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18/236 - T18/024 – DEVELOPMENT APPLICATION FOR ALTERATIONS AND ADDITIONS TO THE EXISTING BUILDING (KNOWN AS ‘HISTORY HALL’) AND ITS USE AS AN INFORMATION AND EDUCATION FACILITY, ALBURY ROAD, MURRUMBURRAH.

Reference: File No. T18/024 Responsible Officer: Director Sustainable Growth PURPOSE The report is presented to Council as the development has been proposed by Hilltops Council on land owned by Hilltops Council. REPORT Background The subject site, known locally as ‘History Hall, is owned by Hilltops Council. The applicant for the development is also Hilltops Council. Consistent with adopted delegations, this application must be determined by a full body of Council. Application DA no. T18/024 Applicant: Hilltops Council Owner: Hilltops Council Property: Lot 1 DP995403, Albury Road, Harden Development: Alterations and additions to the existing building and its use as

an Information and Education Facility (Museum) and the continuance of its current use as a community facility.

The application documentation also seeks consent for consolidation of the subject lot with the adjoining local History Museum (Lot 3 Section 38 DP758737). Consolidation can be carried out by land owners without development consent. Beyond noting that an existing paved walkway between the two lots appears to encroach over lot boundaries, no further assessment of the consolidation has been carried out. The applicant has indicated that the lots will be consolidated, but to resolve possible encroachments, a proposed condition of consent has been included in any consent to require consolidation to take place prior to issue of an Occupation Certificate.


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Figure 1 – Site plan

SITE The subject site is a slightly irregularly shaped land parcel of approximately 789m2 and located on the southern side of Albury Street (Burley Griffin Way) in Murrumburrah. It adjoins a heritage listed site (the Local History museum) to the west and a petrol station to the south. Across Albury Street to the north is the disused flour mill site and it adjoins, and has access from, Albury Lane to the south. Murrumboola Creek runs behind Albury Lane, some 20 metres south of the rear boundary of the site.

The site presents as flat to the street however, it slopes fairly steeply down from Albury Street to the rear, falling some 3.5m over its 50m length. A small brick building is located at the front of the site, directly on the Albury Street boundary and across the whole width of the site. That building, known locally as History Hall, appears to date from the 1960s and has long been used by the community as meeting rooms. Council recently installed public toilets in the building.

A separate building – a former school house – was relocated on the site some years ago and forms part of the local history museum’s collection. There is no vegetation on the site.


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Figure 2 – Locality Plan

Figure 3 – Aerial view


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Discussion These matters need to be considered under section 4.15 of the Environmental Planning and Assessment Act, 1979, as part of the assessment of the proposal.

S4.15(1)(a)(i) & (ii) - The provision of any EPI or draft EPI State Environmental Planning Policies (SEPPs) and deemed SEPP’s

There are no draft SEPPs or deemed SEPPs (formerly REPs) specifically relating to a development of this nature, or to the area as a whole. There are a number of SEPPs that relate to Hilltops Council as a whole, however, only the following SEPPs have any relevance to the development.

State Environmental Planning Policy No 55 – Remediation of Land

Clause 7 of SEPP 55 requires the consent authority to consider whether land is contaminated prior to granting consent to the carrying out of any development on that land, and to be satisfied that the land is suitable for the proposed use.

The long-standing use of the site as a community facility is considered to be one that would have little, to no, contamination risk. The adjoining petrol station is, however, a potentially contaminating land use and there is always a risk of migration of contaminants from one site to another.

After lodgement of this application, Council was formally notified by the owner of the adjoining site that a pollution incident had occurred on the petrol station site and a Remediation Action Plan (RAP) was submitted to Council. That RAP indicated that testing of the site after the pollution incident showed petroleum and hydrocarbons were making their way towards the subject site, with the movement occurring underground in an immediately westerly direction.

While the existing uses on the subject site are considered unlikely to be contaminating, there is a clear possibility that pollution is migrating onto the subject site from the adjoining petrol station. There is, therefore, a legal obligation for an assessment of potential contamination on the site to be carried out, consistent with the SEPP. That obligation rests on Council as the development applicant, land owner and regulator.

Broadly speaking, non-residential sites may be able to carry a different, even higher, level of contamination but that can only be fully determined on the basis of a contamination report being carried out. Because the contamination occurred on an adjoining site and as the proposed use is not a residential one, a preliminary (Level 1) contamination assessment may be sufficient to indicate potential contamination and to indicate any measures that may need to be taken to protect construction workers and future users of the building. It is therefore proposed that a condition of Deferred Commencement be included in any consent issued by Council, requiring an initial contamination report to be carried out, and for any future necessary remediation actions to be identified.


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Upon production of a satisfactory contamination report, an operational consent could then be issued for the development. State Environmental Planning Policy – Infrastructure 2007 Clause 45 of SEPP Infrastructure requires Council to consider any development carried out: within or immediately adjacent to an easement for electricity purposes

(whether or not the electricity infrastructure exists), immediately adjacent to an electricity substation, within 5m of an overhead power line, includes installation of a swimming pool any part of which is: within 30m of a

structure supporting an overhead electricity transmission line and/or within 5m of an overhead electricity power line, or

placement of power lines underground. The proposal is not within or immediately adjacent to any of the above infrastructure; as such, the development satisfies the SEPP. Local Environmental Plan (LEP) The applicable LEP is the Harden LEP 2011, and the relevant provisions of the LEP are discussed as follows. The site is affected by groundwater vulnerability mapping and salinity mapping. It also adjoins Local Heritage Item I73, the local Historical Society museum. 2.2 Zone The site is zoned B4 Mixed Use under the LEP, and the proposed development (Information and Education Facility) is permissible with the consent of Council. An Information and Education Facility is defined in the LEP as: “a building or place used for providing information or education to visitors,

and the exhibition or display of items, and includes an art gallery, museum, library, visitor information centre and the like.”

The proposed use includes the storage and display of objects and artefacts that were donated to the local Historical Society by a local resident, that is, a museum, as well as the operation of a visitor information centre. Both of those uses are entirely consistent with the Information and Education Facility definition and are therefore permissible. The current use of the existing building on the site as meeting facilities for community groups and residents is understood to be a long-standing one, that was in place long before the current LEP was adopted in 2011. No approvals exist for that use and it is considered to be an existing use for the purposes of the


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Environmental Planning and Assessment Act, 1979. The use is considered to be compatible with the definition of a ‘Community Facility’ in the LEP, being a building or place:

(a) owned or controlled by a public authority or non-profit community organisation, and

(b) used for the physical, social, cultural or intellectual development or welfare of the community, but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation.”

This use will continue with the redevelopment of the site and it is considered reasonable to confirm the existing use by including in any consent granted by Council, the formal use of ‘Community Facility’. 2.3 Zone objectives

The objectives of the B4 Mixed Use zone are:

To provide a mixture of compatible land uses. To integrate suitable business, office, residential, retail and other

development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.

To provide a wide range of facilities that service the needs of the wider community and the travelling public.

It is considered that the development is largely consistent with the zone objectives. It allows for a mix of community and tourism uses in an area of the town that is easily accessible and visible and that can work to attract tourism to the area. 5.10 Heritage conservation The subject site is not heritage listed but adjoins a listed item, the local Historical Society Museum building. The objectives of this clause are, broadly, to conserve environmental heritage and the significance of heritage items, sites and conservation areas. The applicants consulted Council’s heritage advisor in developing the proposal and there is advice on Council’s file from the heritage advisor that the development raises no concerns in relation to potential impact on the adjoining item. Council can be satisfied that the objectives of Clause 5.10 are satisfied. 6.4 Groundwater Vulnerability The objective of this clause is to maintain the hydrological functions of key groundwater systems and to protect vulnerable groundwater resources from contamination.


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The site has been identified on LEP mapping as being affected by groundwater vulnerability as shown in light blue in Figure 4. Figure 4 – Extract from groundwater vulnerability mapping

Before determining a development application for land to which this clause applies, Council must consider any potential adverse impacts the proposed development may have on the characteristics of the groundwater present in the area, any risk of groundwater contamination from the proposed development and any cumulative impacts the proposed development may have on groundwater, and any adverse effect on groundwater dependent ecosystems. As can be seen in Figure 4, there are broad areas of land beyond the subject site affected by groundwater vulnerability in Murrumburrah. This has likely resulted from the extensive removal of vegetation around the creek line and in the broader area as the town developed. This proposal will require some small, shallow disturbance of land to provide for footings for the new building, the effects of which can be managed by way of sediment and erosion control measures and ensuring the creek area is not disturbed. The development does not rely on groundwater for its uses, nor does the development proposal disposal of wastes into the ground. The development will connect to reticulated water and sewer services. It is not considered that the proposed development will impact adversely on groundwater.


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6.5 Flood Planning Clause 6.5 of the LEP has objectives of minimising the flood risk to life and property from the use of the land, to allow development that is compatible with the flood risk and to avoid significant adverse impacts on flood behaviour. No flood study exists for the Harden/Murrumburrah area, however local knowledge suggests that Murrumboola Creek rises and can infiltrate land along its length, particularly the flatter areas around the subject site. There is no formal evidence of the subject site being flooded at any time, however local knowledge suggests that the adjoining Museum basement has been inundated by floodwater in the past. The footprint of the proposed development is small, and the proposed uses are not residential; the basement will be used for storage purposes only. It is considered that the flood risk from, and to, the development is minimal. The risk to life is minimal; no-one will live on site and should the creek rise, it would likely only be the lower level (to be used for storage) that may be impacted by waters. 6.6 Salinity As seen in Figure 5, the site is subject to salinity consideration under Clause 6.5 of the LEP. This clause requires Council to consider potential impacts on salinity processes of the development, the impact of salinity on the development and protection of natural hydrological systems. The mapping broadly follows the line of the creek which runs behind the subject site and has likely resulted from extensive removal of vegetation over time as the town developed. Some soil disturbance will be required for the development to allow for footings for the new building. This can be managed by way of sediment and erosion control conditions and ensuring no works take place outside the site in the vicinity of the creek. The application has indicated that construction techniques will be used to ensure salinity has limited effect on the structure. It is considered that Council can be satisfied of minimal impacts from the development on salinity or of salinity of the development.


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Figure 5 – Extract from salinity mapping

6.8 Essential services This clause states that development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the development are available or that adequate arrangements have been made to make them available when required: (a) the supply of water - reticulated water is connected to the site and can

be extended to the new building section as required. (b) the supply of electricity – electricity is available and connected to the

existing site and can be extended to service the new building. (c) the disposal and management of sewage - the site is connected to

Council’s reticulated sewerage system. (d) stormwater drainage or on-site conservation – conditions will be

imposed requiring the collection, management and disposal of stormwater, without causing nuisance or erosion.

(e) suitable road access – access is considered appropriate and is discussed later in the report.

Draft LEPs (planning proposals) There is no draft planning proposal that will impact on this proposed development.


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S4.15(1)(a)(iii) - Development control plan The development is not subject to any DCP provisions, the former Harden Shire Council not having adopted any such plan S4.15(1)(a)(iiia) - planning agreement or draft planning agreement The applicant has not entered into a planning agreement under Section 7.4 of the Act, nor has the applicant offered to enter into draft planning agreement. S4.15(1)(a)(iv) – matters prescribed by the Regulations None of the matters prescribed by the Regulations under Clauses 92, 93, 94, 94A or 288, are applicable to this application. S4.15(1)(b) - The likely impacts of that development Context and setting The surrounding context is commercial in nature, with a mix of building styles and heights, with the majority of buildings being from the early 20th century. The existing building on the site is a more modern structure that appears as a stand-alone, single storey structure, of an almost residential scale and nature. The additions to the rear of the building will not be strongly visible from the street and will appear almost as a parapet above the existing building. The single-storey scale will be retained and be consistent with the surrounding context. From the rear of the site, the development will appear as a two-storey structure, but will be partially obscured by the existing, ex-schoolhouse building on the site. It will not be as high as the adjoining local museum building however and is considered to be consistent with the scale of development evident along Albury Lane. It is considered that the development will not impact detrimentally on character and amenity, the scenic quality of the landscape or adjacent properties. There will be no overshadowing or loss of visual and acoustic privacy, with no dwellings in the vicinity of the proposal. Access / traffic The proposal includes use of an existing access point at the rear of the site to enable deliveries to the site and to allow access to staff/volunteers of the museum. That access is gated, but not formed and a condition has been proposed that requires an all-weather standard access be provided to support delivery of goods and materials to the site as indicated in the application documentation.


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While there is no applicable Council policy in relation to parking, a museum is a development that attracts visitors and traffic. Neither the Young nor Boorowa DCPs offers any guidance on parking rates for this kind of development. The Roads and Maritime Services indicates that an applicable rate is that applied for retail floorspace of 6.1 car spaces per 100m2 of gross lettable floor area. The application indicates that existing community use of the building generates visitation of around 15 people per month, attending meetings of local community groups such as the Historical Society. Those meeting activities generally occur after normal business hours, ie after 5pm, and street parking is available in Albury Street for that activity and has been relied on for the time the building has been in use. Patronage figures are not available for the adjoining museum, which this development will become part of, but observational evidence indicates it generates a low, and highly irregular level of visitors, particularly given the museum is open for few and irregular hours (ie weekends only). The museum has always relied on street parking for its operation over an extended period of time. This extension to the museum’s operation is not expected to generate additional traffic; it will simply be another section for viewing for those who stop to attend the museum anyway. There is ample on-street parking in Murrumburrah, including during normal business hours; long-term empty shops on Albury Street mean that parking is consistently available. Line-marked passenger vehicle parking is accommodated on the southern side of Albury Street, while larger vehicles, including semi-trailers and vehicles with caravans, can park parallel to the kerb on the northern side of Albury Street. There is also capacity in Bathurst Street off Albury Street to the north. Advice from Council’s Infrastructure Services indicates that available on-street parking can sufficiently cater for the proposed development. As Albury Street is a classified road, the application was referred to Roads and Maritime Services for comment and/or conditions as necessary. Council received advice from the RMS that no objections were raised to the proposal, with a number of conditions indicated for inclusion in any consent. Those conditions generally go to the application of Australian Standards in design of the proposed rear access point and include a restriction on signage for the development, to minimise driver distraction along Albury Road. These conditions are considered appropriate for the development and have been proposed for inclusion in any consent granted.


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It is considered that traffic generation for the development will be minimal. Local history museums do not, by their nature, attract or generate traffic; rather they rely on visitors as ‘chance’ stops en-route to other destinations. The existing community uses on the site will continue but are not expected to increase with the additional floor space, as the bulk of the additional floor area will be taken up with museum exhibits and storage. It is therefore considered that existing on-street parking arrangements are satisfactory for the development, with staff parking and deliveries to be provided at the rear of the site. Albury Street can cater for existing traffic loads and the development is not expected to generate additional traffic in any way that would diminish that capacity. It is considered that the proposed traffic arrangements are satisfactory for the nature, scale and location of the proposed development.

Public domain

It is not envisaged that the additions to the existing building will impact adversely on public recreational activities in the locality, or on the amount, location, design or use of public spaces. The design of the building will not significantly alter the streetscape nor result in a discordant development.

Utilities

The site and existing development are connected to all reticulated services which can be extended to the development. Conditions have been proposed for inclusion in any consent for the management of stormwater.

Heritage

This matter was discussed above in relation to the LEP. No matters of concern are raised in relation to heritage.

Other land resources

It is not envisaged that the development will have any effect on conserving and using valuable land resources such as productive agricultural land, mineral extractive resources or water supply catchments.

Water

As discussed previously, there will be no effect by the proposed development on groundwater, drainage flows or water quality. Stormwater from the development can be managed by way of conditions in any approval granted.

Soils

Suitable erosion and sedimentation controls will need to be implemented during construction, and suitable conditions have been included for any consent issued. The matter of potential contamination of the land has been addressed earlier in the report.


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Air & Microclimate

The development is not expected to affect air quality and microclimatic conditions in terms of existing air quality or pollution, with no emissions of dust, particulates, odours, fumes, gases or pollutants.

Flora and fauna The site is in an urban area and is completely devoid of vegetation. There is no anticipated impact from this proposal on flora and fauna.

Waste

Any construction waste will be disposed of to a licenced landfill. Standard conditions have been proposed for inclusion in any consent issued by Council, to ensure compliance with relevant standards.

Energy

The development will connect to existing reticulated power supplies. There is the opportunity in the future to add solar panels or the like to the structure.

Noise and vibration

Noise impacts from the use of the development are not anticipated to be an issue. Given the location of the site in an urban area, with no surrounding residential development, noise during the construction phase is also unlikely to be an issue. To ensure this however, suitable conditions pertaining to hours of construction will be imposed to minimise any impacts. The museum is open only between 10am and 4pm on weekends, with the community uses available generally after normal working hours. Neither of these uses are expected to generate noise or vibration impacts and no concerns are raised in relation to this proposal.

Natural and technological hazards

There are no known risks to people, property or the biophysical environment from geologic or soil instability or flooding. The issue of potential land contamination and remediation, has been discussed previously, and there is no evidence of likely contamination. The site is not bushfire prone.

Safety, security, crime prevention

The expansion of the existing use is not considered to have a negative impact on the security and safety of adjoining properties, nor will it encourage criminal activity.


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Social and economic impacts

There will be no detrimental social or economic impacts related to the development and it has the potential to support economic and tourist activity in the town and broader area. Site design The site drops fairly steeply from the Albury Street boundary down to the south and rear towards Albury Lane. The development is considered suitable to the site design by enabling a two-storey development at the rear of the existing building, with the lower storey supporting storage and functional uses and the upper storey extending the usability of the existing building. The design is considered suitable for the site conditions. Construction Impacts from construction have been assessed above as part of this application, and conditions recommended in terms of hours of construction and sedimentation and erosion controls have been proposed for inclusion in any consent issued by Council. Cumulative impacts There are no cumulative impacts anticipated. S4.15(1)(c) - The suitability of the site for the development Does the proposal fit in the locality? There are no constraints posed by adjacent development that would prohibit the expansion of the museum or the continuation of existing community uses of the building. All services are available to the site and the development is of a scale and nature that is suitable in the urban context and streetscape. Are the site attributes conducive to development? The site is not subject to natural hazards including subsidence, slip or mass movement. While there is potential for flooding, there is little risk to human life from any such event given museum and community activities are limited to the top floor of the building, and the limited hours of operation for the development. The soil characteristics are not known to be unsuitable for the development. There are no known critical habitats, or threatened species, populations, ecological communities or habitats on the site. The development will not prejudice future agricultural production and there are no known mineral or extractive resources on the site.


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S4.15(1)(d) - Any submissions made Nil received. S4.15(1)(e) - The public interest Commonwealth Disability Discrimination Act, 1992 The building does not comply with the Commonwealth Disability Discrimination Act 1992 (DDA) in that there is no access for persons with an ambulatory disability between the first floor and ground level. Stairs have been provided between the floors, but for anyone with an ambulatory disability – staff, volunteer, visitor or other – that may need to move between floors, the only means to do so is to exit the building, to go around the block and to enter the building at a separate entrance. This would likely be considered unlawful and would open Council, as building owner, to claims of discrimination. An argument that the lower storey is to be used for storage purposes only, as an example, would not be consistent with the law, as any building that is publicly accessible (including for employees, volunteers and the like) must provide suitable disabled access. It is a possibility that a Historical Society volunteer may have some form of ambulatory restriction that could lead to a claim of discrimination with the current design. Nor is the existing walkway outside the building on its western boundary, compliant with the DDA or the relevant Australian Standard for disabled access as it provides a steeper grade than 1:14 for those using it. The only legal mechanism for an exemption from the requirements of the DDA is an appeal to the Commonwealth Disability Discrimination Commissioner; the application does not indicate this has been done. Council cannot overturn, or not consider, Commonwealth legislation and the building must comply. A building certifier could not lawfully issue a Construction Certificate for the building where disabled access is not consistent with the DDA and the relevant standards which are called up under the Act and that apply nationally. A condition of approval has therefore been recommended for inclusion in any consent issued by Council, for the development to comply with the DDA. This will require amended plans to be drawn up prior to a Construction Certificate being issued. Section 7.12 Development contributions The former Harden Shire Council adopted a Contributions Plan under (then) Section 94A (now Section 7.12) of the Act. That plan stipulates that non-residential development over $200 000 and up to $500 000 attracts a contribution of 0.5% of the cost of development. The development has been costed at $300 000, thereby attracting a contribution of $1500 under the Plan. A condition of approval has been proposed for inclusion in any consent that this fee be paid prior to the issue of a Construction Certificate for the development. Other


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Staff are not aware of any other policy statements from either Federal or State Government that are relevant to this proposal, nor any planning studies or strategies. There is no management plan or planning guideline that is applicable to a development of this nature. There are no covenants, easement or agreements that affect the proposal. CONCLUSION The proposal has been assessed against relevant legislative and policy requirements and has been referred to relevant agencies and Council departments for consideration. No matter has been raised that shows the development to be inconsistent with those standards, or that cannot be dealt with by way of condition on a possible consent. Accordingly, the variation is supported, and approval of the development is recommended. STATUTORY PROVISIONS The development application has been assessed in accordance with the matters for consideration under Section 4.15 of the Environmental Planning & Assessment Act 1979, all relevant environmental planning instruments and policies. CONSULTATION

The application was notified to adjoining owners, consistent with Council policy. No submissions were received. The application was also referred to the NSW Roads and Maritime Services which raised no objections to the development but did include conditions for any approval issued by Council. These have been included in the recommendation below. POLICY IMPLICATIONS As indicated in the report, the building does not comply with the requirements of the Disability Discrimination Act, 1992 (the DDA) and Council, as building owner, has legal obligations to comply with those requirements. To not do so would open Council to potential claims of discrimination. To overcome this issue, a condition of approval has been proposed for inclusion in any consent that the building is to comply with the DDA. There are no other identified policy implications arising from any approval of this development application.


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FINANCIAL IMPLICATIONS Required changes to be made to the development to ensure compliance with the Disability Discrimination Act, 1992 may have implications for the costs of construction, which Council as both applicant and building owner may need to manage. RECOMMENDATION That Council approve the development application, subject to the conditions below. Application No.: T18/024 Property: Lot 1 DP995403, Albury Road, Murrumburrah Development: Alterations and additions to the existing building to

change its use to an Information and Education Facility (Museum and Tourist Information Office) and to formalise its existing use as a community facility.

PART 1 – DEFERRED COMMENCEMENT CONDITIONS 1 This consent does not operate until Council is satisfied of the following

matters: a) A preliminary investigation report, prepared by a suitably qualified and

licensed person, must be provided to Council, attesting to the potential state of contamination of Lot 1 DP995403, in accordance with the contaminated land planning guidelines; and

b) The results of that report are implemented, including, where required, further investigation and/or remediation of the site; and

c) Any works required by the investigation (Deferred Commencement

Condition 1a) and by Deferred Commencement Condition 1b have been certified by a suitably qualified and licensed person as to their satisfactory completion and compliance with relevant standards.

2 Evidence required to satisfy these conditions must be submitted to Council

within 12 months of the date of this consent, or the consent will lapse in accordance with Section 4.53(6) of the Environmental Planning and Assessment Act, 1979.

3 Upon satisfaction of the deferred commencement condition/s, the following conditions apply:


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PART 2 – OPERATIONAL CONDITIONS OF CONSENT Approved Development 1. The development shall be generally in accordance with Development

Application number T18/024 submitted by the Applicant and be in accordance with the supporting documentation submitted with that application, including, but not limited to, the following. Drawings

Drawing No. Issue Title of Plan Date

A003 6 Site Plan 09/04/2018

A009 6 Untitled plan showing elevations – “North” and “NE View”. 09/04/2018

A011 6 Untitled plan showing elevations – “West Side” and “East”. 09/04/2018

A007 7 New Museum Floor 06/07/2018 A006 6 New Storage Area 09/04/2018 Statement of Environmental Effects, prepared by DA Busters P/L and signed and dated 9/7/2018.

as modified by any conditions of this consent.

2. All building work must be carried out in accordance with the requirements

of the Building Code of Australia (as in force on the date the application for the Construction Certificate was made).

3. A copy of the stamped approved plans and documentation must be kept

onsite for the duration of site works and be made available upon request to either the Certifying Authority or an officer of the Council.

PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE

4. A Construction Certificate is required to be issued by a Principal Certifying

Authority, prior to the commencement of any works on site.

5. Prior to the release of a Construction Certificate, the development (including the existing path at the western edge of the site) must comply with the requirements of the Commonwealth Disability Discrimination Act, 1992 and associated codes and standards. a. Any necessary amendments to the Development Consent to ensure

compliance with relevant disability requirements must be obtained, prior to the issue of a Construction Certificate.


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6. Pursuant to Section 7.12 of the Environmental Planning and Assessment Act, 1979 the monetary contribution set out in the following table is to be paid to Council prior to the issue of a Construction Certificate. The contribution is current as at the date of this consent and is levied in accordance with the Harden Contributions Plan for Other Developments Contributions Plan, adopted on 16 November 2011, which may be viewed during on Council’s website: www.hilltops.nsw.gov.au.

The contribution payable will be calculated in accordance with the contributions plan current at the time of payment and will be adjusted at the time of payment in accordance with the Consumer Price Index (CPI) (All Groups Index for Sydney) published by the Australian Bureau of Statistic. Contribution amounts will be adjusted by Council each quarter.

Contribution type

Development value

Levy percentage

Total contribution

Section 7.12 Contribution

$300,000.00 0.5% $1500.00

PRIOR TO COMMENCEMENT OF WORKS 7. A sign must be erected in a prominent position on any site on which

building work is being carried out:

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

b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

c) stating that unauthorised entry to the site is prohibited. Any such sign is to be maintained while the building work is being carried out but must be removed when the work has been completed.

8. No work must commence until:

a) a Principal Certifying Authority has been appointed. Where an Accredited Certifier is the appointed, Council must be notified within two (2) days of the appointment; and

b) a minimum of two (2) days written notice must be given to Council of the intention to commence work.

DURING WORKS 9. Building activities and excavation work involving the use of electric or

pneumatic tools or other noisy operations shall be carried out only between 7:00 am and 6:00 pm on weekdays and 8:00 am and 1:00 pm on Saturdays. No work on Sundays or Public Holidays is permitted.


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10. The carrying out of work during the construction of the development shall be done in such a manner as to not to interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke vapour, steam, soot, ash, waste water, waste products or grit, oil or otherwise.

11. All building rubbish and debris, including that which can be windblown, shall be contained on site in a suitable container for disposal at a lawful waste facility. The container shall be erected on the building site prior to work commencing and be maintained for the term of the construction to the completion of the development.

12. Throughout the course of building operations on the land, toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection of a building is being carried out. Toilet facilities are to be provided at a rate of one toilet for every twenty (20) persons or part of twenty (20) persons employed at the site.

13. Erosion and sedimentation controls must be in place prior to the commencement of site works and maintained throughout construction activities until the site is landscaped and/or suitably revegetated. The controls shall be in accordance with the details approved by Council and/or as directed by Council Officers. These requirements shall be in accordance with latest publication of Managing Urban Stormwater – Soils and Construction produced by Landcom.

Earthworks

14. Any cut or fill on site must be appropriately graded, drained or retained and drained as necessary. Retaining walls greater than 1 metre in height shall be designed by a suitably qualified practising and insured Structural Engineer. The design shall be submitted to and permission to proceed granted by Council prior to work commencing.

15. It is a prescribed condition of this consent that if the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the consent shall, at the person’s own expense:

a) Protect and support the adjoining premises from possible damage from

the excavation; and b) Where necessary, underpin the adjoining premises to prevent any such

damage.

Services 16. All reticulated services, including water, electricity, sewer and

telecommunications must be extended to the development.


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Stormwater

17. Stormwater from roof and hardstand areas shall be conveyed to the existing stormwater system on the site.

Access 18. An all-weather access point must be provided to the rear of the property,

to the relevant standards provided in Council’s Engineering Guidelines for Subdivisions and Developments.

Operation of the uses 19. No signage that is not exempt development, is to be erected on the

building without the prior approval of Council.

20. No deliveries are to be made to the site off Albury Street. All deliveries to the site shall be made using the rear access point off Albury Lane.

Occupation Certificate 21. An Occupation Certificate must be issued by the Principal Certifying

Authority (PCA) prior to occupation or use of the development. When all work as indicated on the approved plans/specifications is completed, the applicant shall notify the PCA to arrange for the issue of a final Occupation Certificate.

22. All works required by this consent shall be completed prior to the issue of an Occupation Certificate.

23. Prior to the issue of an Occupation Certificate, the person having the benefit of this consent is to provide evidence to the Principal Certifying Authority of the evidence of the registration of the consolidation of Lot 1 DP995403 and Lot 3 Section 38 DP758737.


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18/237 – T2003-025 MOD 4 – GALONG LIMESTONE MINE – INCREASED DISPATCH – 342 EUBINDAL ROAD, GALONG Reference: File No. F29.02 (Y) Responsible Officer: Director Sustainable Growth PURPOSE This report is presented to Council for determination, because: the original application and subsequent modifications were determined by

the full Council due to numerous submissions being received, and more than five (5) valid submissions were received in relation to the proposed

modification. For both these reasons, the modification application cannot be determined under delegated authority. REPORT Application DA no. T2003-025 MOD4

Applicant: Sibelco Australia Ltd

Owner: Bobbara Pastoral Co Pty Ltd

Property: Lot 102 DP 1083781 & Lot 139 DP 753593 342 Eubindal Road, Galong, NSW, 2585

Approved Development: Limestone mining, processing and storage (40

year consent)

Proposed Modification: Increase (product) dispatch limit from 320,000 tonnes to 430,000 tonnes per annum, and modification to the haulage routes (dependent on road upgrading).

See more detailed description of this modification within the body of this report.


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Site The subject mine site is located approximately 3.5 kilometres (‘as the crow flies’) to the north-east of Galong Village, at the eastern end of Eubindal Road (see Figure 1 below – Locality plan). The site is predominately agricultural land, although the Galong Limestone Mine occupies approximately 40 ha of the western part of the site. The site is undulating, rising to the north-east, and there are several drainage lines throughout the site. The western part of the site is characterised by cropping land and the mine itself, and the associated processing facility. The eastern part of the site is largely grazing land, but there are some cropping opportunities. The north-east and south-east parts of the site have significant tree cover (see Figure 2 below – Aerial view). The area is a mixture of different sized lots and land holdings and is rural in nature with a variety of traditional farming activities (cropping and grazing) carried out in the area. Many of the properties in the area support dwellings, but they are sparsely located, with the exception of those in the Village of Galong, to the south-west.

The land has an extensive history of use for mining limestone. The most recent relevant approval in 2003 granted consent to extend the limestone mine, increase processing and dispatch facilities.


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Figure 1 – Locality plan


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Figure 2 – Aerial view


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Description of approved development and modifications The Galong Mine is currently operating (or is approved to operate) under several consents including Development Consent T2003-025 (as modified), DA317-7-2003-i and T2007-033. These consents and subsequent modifications govern the current operations on-site, being the existing configuration and operation of a limestone mine and associated processing and dispatch facilities. As the proposed modification relates to an increase in dispatch, along several haulage routes, it is important at this stage to understand the current approved routes, which are as follows: Route name Route Southern Eubindal Road – Galong Road – Kalangan Road – Ryan Street – Bobbara

Road – Crescent Street – Limestone Way (nee Bouyeo-Galong Road) – Burley Griffin Way

Northern Eubindal Road – Galong Road – Kalangan Road – Cunningar Road Details of the consents are as follows. T2003-025 (approved 2003) This original consent involved the following aspects: mining, processing and storage of limestone product for a period of forty (40)

years; limestone and limestone product transport for a period of forty (40) years; the extraction and processing of not more than 500,000 tonnes annually of

limestone over a forty (40) year period, to a maximum of 20,000,000 tonnes; the transport of 190,000 tonnes per annum of crushed and processed

limestone from the mine site along the southern haulage route (conditioned to drop to 100,000 tonnes per annum after 10 years, should an application for the required bypass route not be submitted);

the transport of 10,000 tonnes per annum of crushed and processed limestone from the mine site along the northern haulage route;

mining operations 24 hours per day, seven (7) days per week; blasting from 9:00 am to 3:00 pm, Monday to Saturday; processing operations 24 hours per day, seven (7) days per week; and product dispatch/transport from 7:00 am to 7:00 pm, Monday to Saturday

only, with no dispatch on Sundays. Additionally, the 2003 consent required the construction of a road to bypass the Galong Village, however it was later determined to be unviable to bypass the village entirely, as it was not possible to obtain an alternate route over the main Sydney-Melbourne Railway Line which is currently facilitated via the Crescent Street/Limestone Way bridge crossing.


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T2003-025 MOD1 (approved 2013) This modification related to the deletion of a deferred commencement condition, that was imposed as part of the original consent. The deferred commencement conditions required the then operator (Boral Limited), to surrender a series of past consents, relating to the mine. It also related to modifying a time limit consent, that would have resulted in dispatch being reduced from 190,000 to 100,000 tonnes per annum via the southern route, after 10 years. This was changed to May 2016. T2003-025 MOD2 (approved 2014) This modification related to the extension of the Galong Mining lease, to correctly identify those areas that were part of the existing operation (and had been incorrectly identified in the original consent), and to include an additional area for overburden storage. T2003-035 MOD3 (approved 2015) This modification increased in dispatch from 200,000 tpa to 320,000 tpa. Of this, 310,000 tonnes was approved to be dispatched along the southern haulage

route, and 10,000 tonnes was maintained along the northern haulage route. The increased dispatch was only along the southern haulage route, and it was found that it did not warrant the provision of the alternate transport route or bypass road (as approved in 2007). Accordingly, the consent partially removed the requirement for a bypass road to be constructed, from some of the conditions. T2007-033 (approved 2007) This consent approved a new alternative transport route and an increased amount of dispatch up to 500,000 tonnes per annum to travel along the alternate transport route which was to be constructed by the then mine operator (Boral Limited). The alternative route did not bypass the village completely, but rather increased the length of truck movements to 24 hours a day. Whilst the alternative transport route has been reserved legally, it has not been physically constructed, and thus the mine is still operating pursuant to the haulage routes identified in development consent T2003-025. As Council has no evidence indicating that substantial or significant preliminary works have been undertaken, it could be argued that substantial commencement on this consent has not occurred and therefore the consent for the construction of the bypass road has lapsed.


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DA317-7-2003-i (approved 2003)

This consent was issued by the then Minister for Infrastructure and Planning, and relates to the construction and operation of the lime kiln. This consent permits the production of up to 150,000 tonnes per annum of quicklime from limestone sourced from the adjacent Galong Limestone Mine.

Description of proposed modification

The modification (T2003-025 MOD4) as currently proposed, seeks to increase product dispatch from the mine, under two scenarios as follows:

Scenario 1 – interim measure (until such time as Galong Road is upgraded) 420,000 tonnes per annum dispatched via the southern haulage route

(increase of 110,000 tonnes above current), and 10,000 tonnes per annum dispatched via the northern haulage route (no

change).

Scenario 2 – final (upon the upgrade of Galong Road) 200,000 tonnes per annum dispatched via the southern haulage route

(decrease of 110,000 tonnes below current), 10,000 tonnes per annum dispatched via the northern haulage route (no

change), and 220,000 tonnes per annum dispatched via a new approved route (via

Galong Road north to Cunningar Road).

Scenario 1 is intended as an interim measure and Scenario 2 is predicated on Council's completion of upgrade works to Galong Road (north of Eubindal Road). Upon completion of the Galong Road upgrade, Scenario 2 would be in effect for the life of the mine.

This modification application was accompanied by: a statement of environmental effects (SEE), a traffic impact assessment (TIA), subsequently modified, to address

additional issues, a traffic noise impact assessment (TNIA), economic assessment (EA).

The SEE states that the modification will enable Sibelco to meet customer needs, support local industry by providing a lower cost supply of Aglime and road base, increase local employment opportunities and will facilitate investment in local community projects and events.

The above modifications will also result in changes to heavy vehicle movements, shown in the following table, and the current and above scenarios with respect to the routes, tonnages and vehicle movements, are represented graphically in the diagram that follows the table.


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Route

Current

Scenario 1

Scenario 2

Vehicle movements (per hour)

Vehicle movements (per day)





Southern (via the Village)

6

(5.67)

68

(67.98)

8

(7.68)

92

(92.11)

4

(3.65)

44

(43.86)

Northern (via Kalangan Road)

< 1

(0.18)

2

(2.19)

< 1

(0.18)

2

(2.19)

< 1

(0.18)

2

(2.19)

New (via Galong Road)

0

0

0

0

4

(4.02)

48

(48.25)

Total

6

(5.85)

70

(70.18)

8

(7.86)

94

(94.30)

8

(7.86)

94

(94.30)


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78 =


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It should be noted that the upgrading works to Galong Road are intended to be undertaken by Council and not the developer, separate to this modification proposal. Council has been successful in obtaining funding to upgrade this road with anticipated construction commencement in March 2019. These roadworks would be undertaken in accordance with the provisions of SEPP (Infrastructure) 2008 and Part 5 of the Environmental Planning & Assessment Act 1979 (which are discussed below). Whilst the environmental impacts of any road upgrading works will be considered by Council prior to any works being undertaken, a prima facie assessment of the possible impacts, have been undertaken as part of this modification application. As this relates to this application, the Applicant merely seeks to amend the approved haulage routes in the long term (Scenario 2), by taking advantage of the proposed Galong Road upgrade. In the event that for whatever reason the Council initiated roadworks do not occur, yet the Applicant wishes to pursue the roadworks themselves (at their cost), then a development application under Part 4 of the EP&A Act, would need to be prepared and lodged by the Applicant, and then assessed and approved by Council, prior to the works proceeding. In the event that Galong Road is not upgraded and Scenario 2 does not eventuate, then Scenario 1 would be in effect for the life of the consent (another 25 years, or sooner if the extraction limits are reached). Existing consent amendments (proposed) If supported, the above changes would require an amendment to some of the existing conditions of consent, as they relate to the haulage routes and volume of material dispatched from the site. These are summarised as follows (and as proposed by the Applicant), with the changes highlighted.


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Existing condition Proposed condition (changes highlighted) 11. To transport not more than 190,000 310,000 tonnes per annum of

crushed and processed limestone product despatched from the development site via approved southern haulage routes 1 and 2 (as same are defined in condition 21 hereof) through the village of Galong. until such time as the first of the following events occurs:

(a) an alternate system for limestone transport is approved by the

Council and has been installed and commissioned; or

(b) A maximum period of ten [10] years from the date of this consent has elapsed, in the circumstances where an application for an alternate transport system has been lodged with the Council but not approved.

11. To transport not more than 190,000 310,000 420,000 tonnes per annum of crushed and processed limestone product despatched from the development site via approved southern haulage routes 1 and 2 (as same are defined in condition 21 hereof) through the village of Galong until such time as Galong Road (north of Eubindal Road) is upgraded. until such time as the first of the following events occurs:

(a) an alternate system for limestone transport is approved by the Council

and has been installed and commissioned; or

(b) A maximum period of ten [10] years from the date of this consent has elapsed, in the circumstances where an application for an alternate transport system has been lodged with the Council but not approved.

11a. Upon completion of the Galong Road upgrade, the transport of not more

than 200,000 tonnes per annum of crushed and processed limestone product despatched from the development site via approved southern haulage routes 1 and 2 (as same are defined in condition 21 hereof) through the village of Galong.


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13. To permit the remaining 10,000 tonnes per annum of crushed and

processed limestone product despatched from the development site to be transported via approved northern haulage routes 3,4 and 5 (as same are defined in condition 21 hereof) to Harden and Boorowa via Kalangan and Cunningar Roads for the remaining period of the consent.

No change proposed.

13a. Upon completion of the Galong Road upgrade, to permit 220,000 tonnes

per annum of crushed and processed limestone product despatched from the development site to be transported via approved northern haulage route 6 (as same are defined in condition 21 hereof) to Harden and Boorowa via Galong Road for the remaining period of the consent.

21, The following list identifies the approved haulage routes for limestone

product transported from the mine development, over Regional and Shire Roads, referred to in the Environmental Impact Statement for the Galong Limestone Mine Expansion. Only those roads specifically identified as Approved Haulage Routes [1-5] may be used to transport Limestone product from the development site.

Haulage Route [1] Galong Limestone Mine to Harden:

From the entrance gate of the development site on Eubindal Road to the Galong Road/Burley Griffin Way intersection, via Eubindal Road, Galong Road, Ryan Street, Crescent Street and heading west from the Galong Road/Burley Griffin Way intersection towards Harden.

Haulage Route [2] Galong Limestone Mine to Binalong

This route is identical to route [1] except that vehicles head east to Binalong from the Galong Road/Burley Griffin Way intersection.

21. The following list identifies the approved haulage routes for limestone product transported from the mine development, over Regional and Shire Roads, referred to in the Environmental Impact Statement for the Galong Limestone Mine Expansion. Only those roads specifically identified as Approved Haulage Routes [1-5 6] may be used to transport Limestone product from the development site.






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Haulage Route [3] Galong Limestone Mine to Harden via Kalangan Road and Cunningar Road

From the entrance gate of the development site on Eubindal Road to the Cunningar/Burley Griffin Way intersection, via Eubindal Road, Galong Road, Kalangan Road and heading west from the Cunningar Road/Burley Griffin Way intersection towards Harden.

Haulage Route [4] Galong Limestone Mine to Binalong via Kalangan Road and Cunningar Road

From the entrance gate of the development site on Eubindal Road to the Cunningar/Burley Griffin Way intersection, via Eubindal Road, Galong Road, Kalangan Road and heading east from the Cunningar Road/Burley Griffin Way intersection towards Binalong. Haulage Route [5] Galong Limestone Mine to Boorowa via Kalangan Road and Cunningar Road

From the entrance gate of the development site on Eubindal Road to the Harden Shire/Boorowa Shire Boundary point on Cunningar Road, via Eubindal Road, Galong Road, Kalangan Road and heading north east along Cunningar Road towards Boorowa.


From the entrance gate of the development site on Eubindal Road to the Cunningar/Burley Griffin Way intersection, via Eubindal Road, Galong Road, Kalangan Road and heading west from the Cunningar Road/Burley Griffin Way intersection towards Harden.


From the entrance gate of the development site on Eubindal Road to the Cunningar/Burley Griffin Way intersection, via Eubindal Road, Galong Road, Kalangan Road and heading east from the Cunningar Road/Burley Griffin Way intersection towards Binalong. Haulage Route [5] Galong Limestone Mine to Boorowa via Kalangan Road and Cunningar Road


Haulage Route [6] Galong Limestone Mine to Boorowa via Eubindal Road and Galong Road

From the entrance gate of the development site on Eubindal Road to the Harden Shire/Boorowa Shire Boundary via the upgraded Galong Road and Cunningar Road.


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NOTE: If the proposed modification is approved, Council would also take the opportunity to modify Condition 21 to remove the reference to the “Harden Shire/Boorowa Shire Boundary”.

Depending on the outcome of the assessment undertaken below, additional conditions may also need to be amended, or additional conditions added to or deleted from, the consent, to deal with any potential impacts, or any house-keeping matters. Requirements of the Environmental Planning & Assessment Act 1979 (EP&A Act) The following provisions of the Act are relevant to this development application. 1.7 Application of Part 7 of Biodiversity Conservation Act 2016 and Part 7A of

Fisheries Management Act 1994 This section of the Act has the effect of referencing the relevant provisions of both the Biodiversity Conservation Act 2016 and the Fisheries Management Act 1994, which contain additional requirements with respect to assessments, consents and approvals under the EP&A Act. As there are no changes at the mine site, the likely relevance of this only applies in relation to roadworks along Galong Road (which as identified above does not form part of the current application), which are required to facilitate the proposed increase in dispatch and subsequent additional truck movements. This is discussed as follows. Biodiversity Conservation Act 2016 (BC Act) Part 7 of this Act, provides that if a development or activity is “likely to significantly affect threatened species”, then the application for development consent is to be accompanied by a biodiversity development assessment report (BDAR). For the purposes of this, a development or activity under Part 4 of the EP&A Act, is likely to significantly affect threatened species, if: (a) it is likely to significantly affect threatened species or ecological

communities, or their habitats, according to the test in section 7.3, or (b) the development exceeds the biodiversity offsets scheme threshold if

the biodiversity offsets scheme applies to the impacts of the development on biodiversity values, or

(c) it is carried out in a declared area of outstanding biodiversity value. There are four (4) locations along the Galong Road, that would have triggered the biodiversity offsets scheme threshold (by virtue of the biodiversity values map), but as any Galong Road works will be under Part 5 of the EP&A Act, then the biodiversity offsets scheme threshold trigger does not apply, only the test of significance. Whilst this will be thoroughly considered in any future roadworks assessment, a preliminary review of the mapped areas has been carried out. These locations are those areas adjacent the following creek crossings on the Galong Road.


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Limestone Creek crossing (2 km north of Eubindal Road) If widening is required in this area, there may be the loss of a willow tree on the western side of the road. Photo 1

Rocky Ponds Creek (4 km north of Eubindal Road) Minimal vegetation removal required in this location for any road widening, if required. Photo 2


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Four Mile Creek (7.2 km north of Eubindal Road) It is possible that up to five (5) trees will need to be removed to facilitate the widening of the road in this location. The quality of the tree on the western side of the road (left hand side in this photo) is not significant, given its poor structure, while the trees on the right are of reasonable quality. Photo 3

Five Mile Creek (8.6 km north of Eubindal Road, just north of Goorama Road) This location may require the removal of a number trees, although they are largely younger trees, with the greater majority of the more substantial trees set back towards the property boundaries. Photo 4


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In addition to the above four (4) areas mapped on the biodiversity values map under the BC Act, there are also additional areas mapped along Galong Road, under both the Harden LEP 2011 (HLEP) and the Boorowa LEP 2012 (BLEP), as being areas of significant vegetation or high conservation value vegetation (see 6.2 and 6.3 Biodiversity below), and therefore have been considered as follows. Immediately north of Limestone Creek Crossing (2 km north of Eubindal Road) This is in a similar location the area identified on the biodiversity values map, detailed above and shown in Photo 1. It is not considered that this vegetation is of high biodiversity value, and if removed, would not have a significant impact on native flora and fauna or ecological processes. Photo 5

Adjacent property “Rosary” (2.5 km north of Eubindal Road) All the vegetation is located on private property adjacent the road reserve, and is unlikely to be impacted by any road widening proposal. Photo 6


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Rocky Ponds Creek (4 km north of Eubindal Road) This is the same location identified on the biodiversity values map, discussed above and shown in Photo 2. As discussed, minimal vegetation removal required in this location for any necessary road widening, and is not likely to significantly affect threatened species or ecological communities. Adjacent property “Fairmeadows” (4.5 km north of Eubindal Road) The trees on the left (western) side of the road are mapped as having significance. Some road works will be required in this location given the existing pavement width, however, any widening could likely be catered for without impacting on the trees, given their setback. Some of the unmapped vegetation on the right (east) may be affected, but will be considered as part of the Part 5 assessment, with offset measures considered at that stage. Photo 7

Five Mile Creek (8.6 km north of Eubindal Road, just north of Goorama Road) The mapped area is a section approximately 400 metres long, on the eastern side of Galong Road (right-hand side of the road heading north), 100 metres north of Goorama Road. A small section of this is also partially mapped on the biodiversity values map (as discussed above and shown in Phot 4). The trees on the western side of the road, are not mapped as having significance. The following five (5) photos show the vegetation on both sides of the road is largely younger trees, with the greater majority of the more substantial trees set back towards the property boundaries.


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Photo 8

Photo 9

Photo 10


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Photo 11

Photo 12

It is likely that some of the trees close to the existing formation (on both sides of the road) will need to be removed as part of any road widening required. Whilst it is not likely that the works will significantly affect threatened species or ecological communities, this will be considered as part of the Part 5 assessment, with offset measures considered at that stage, if required. Former Boorowa/Harden Shire boundary (10 km north of Eubindal Road) The trees on the eastern side of the road (in both the foreground and background on the right-hand side of the photo below) are mapped as having high conservation value. The majority are located clear of the road and adjacent the property boundary, and if road widening is required in this location, would likely occur on the opposite side of the road, which is clear of trees. No impact is expected in this regard.


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Photo 13

500 metres south of Gooramma Road (10.5 km north of Eubindal Road)

Note: There are 2 roads with similar names, but different spelling in close proximity to each other.

It may be possible to retain some or all of these trees, if considered necessary, by widening to the west, but the value of these trees is questioned, and if removed is unlikely to have significant impacts.

Photo 14

200 metres north of Gooramma Road (11.2 km north of Eubindal Road)

The mapped area is a section approximately 500 metres long, on the eastern side (right-hand side of the road heading north) of Galong Road, 200 metres north of Gooramma Road. The following four (4) photos show the vegetation consists a number of mature and immature trees, some close to the current road pavement. However, it is considered that the majority could be retained, if any road widening was to occur on the opposite side of the road, which would


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reduce any potential negative impacts. Tree removal (or retention) will be considered further as part of the Part 5 assessment. Photo 15

Photo 16


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Photo 17

Photo 18

1.5 km north of Gooramma Road (12.5 km north of Eubindal Road) In this location, there is a discontinuously mapped area of vegetation, but is largely a corridor of vegetation that, extends over a 1 km long stretch of Galong Road, on both sides of the road. Like the former section of road, the following photos show the vegetation consists a number of mature and immature trees, some close to the current road pavement. However, it is considered that the majority could be retained, if any road widening was to occur. Tree removal (or retention) will be considered further as part of the Part 5 assessment.


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Photo 19

Photo 20

Photo 21


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Photo 22

Photo 23

Photo 24


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Photo 25

Photo 26

Photo 27


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Photo 28

Intersection of Galong Road and Cunningar Road There are limited trees in this mapped area, and none will need to be removed to facilitate roadwork on the approach to the intersection from Galong Road. Photo 29 – approach to Cunningar Road from Galong Road

Some trees may require removal along Cunningar Road to the east of the intersection to improve sight distance (on the RHS in this photo), but this will be further considered as part of the Part 5 assessment for the Galong Road roadworks.


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Photo 30

In considering whether a proposed development or activity is likely to significantly affect threatened species, populations or ecological communities, Section 7.3 of the BC Act requires the following to be taken into account: (a) in the case of a threatened species, whether the proposed

development or activity is likely to have an adverse effect on the life cycle of the species such that a viable local population of the species is likely to be placed at risk of extinction

Whilst there are a large number of threatened species identified as

possibly occurring in the region, a search of the NSW Bionet Atlas (performing a 10 km x 10 km search around Galong Road), reveals that there have only been five (5) reported sightings of threatened species (all birds) being 3 x Superb Parrot, 1 x Dusky Woodswallow and 1 x Diamond Firetail. Of these, the closest sighting was 1 km to the west of Galong Road. Whilst this needs to be taken into consideration in the future assessment of the roadworks, particularly as it relates to any tree removal, it is not considered that the roadworks will have an adverse effect on the life cycle of these species such that a viable local population of the species is likely to be placed at risk of extinction.

(b) in the case of an endangered ecological community or critically

endangered ecological community, whether the proposed development or activity: (i) is likely to have an adverse effect on the extent of the ecological

community such that its local occurrence is likely to be placed at risk of extinction, or

(ii) is likely to substantially and adversely modify the composition of the ecological community such that its local occurrence is likely to be placed at risk of extinction,


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The White Box Yellow Box Blakely’s Red Gum Woodland (Box-Gum Woodland) Endangered Ecological Community, is known to occur in the region. Some of the vegetation along the Galong Road, features tree species that would typically be part of the Box-Gum Woodland, but the existence of the trees does not necessarily make it an EEC or a valuable ECC. Generally, an intact community must contain a high diversity of plant species, including the main tree species, additional tree species, some shrub species, several climbing plant species, many grasses and a very high diversity of herbs. The community also includes a range of mammal, bird, reptile, frog and invertebrate fauna species.

Along Galong Road, a preliminary assessment of the road side vegetation of both the mapped areas under the BC Act and the Council LEPs (see further below), shows that the lower stratum is poor quality, with little or no shrub layer. This is not surprising given the level of grazing and stock movement along the road, as evidenced in the submissions. It is not expected that the select removal of trees will place the Box-Gum Woodland at risk of extinction, however, this is to be thoroughly investigated as part of the Part 5 assessment.

(c) in relation to the habitat of a threatened species or ecological

community: (i) the extent to which habitat is likely to be removed or modified as

a result of the proposed development or activity, and (ii) whether an area of habitat is likely to become fragmented or

isolated from other areas of habitat as a result of the proposed development or activity, and

(iii) the importance of the habitat to be removed, modified, fragmented or isolated to the long-term survival of the species or ecological community in the locality,

Whilst there will be some loss of trees as part of any road upgrading works (to be reassessed more thoroughly in the future), it is not expected that the long-term survival of any threatened species or ecological community will be unduly threatened, as a result of habitat loss.

(d) whether the proposed development or activity is likely to have an

adverse effect on any declared area of outstanding biodiversity value (either directly or indirectly),

There is no declared critical habitat or areas of outstanding biodiversity value in the region.

(e) whether the proposed development or activity is or is part of a key

threatening process or is likely to increase the impact of, a key threatening process.


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There are a number of key threatening processes listed in Schedule 4 to the Act, including (but not limited to): clearing of native vegetation (as defined and described in the final determination of the Scientific Committee to list the key threatening process), loss of hollow-bearing trees and removal of dead wood and dead trees.

In the majority of the cases, the larger and older trees that may have hollows, are setback adjacent the property boundaries, or there is sufficient room to carry out roadworks on the opposite side of the road. There is deadwood and dead trees along the road, although much removal has occurred as a result of fire-wood collection. What deadwood that is left could effectively be relocated elsewhere within the road reserve if affected. In terms of clearing of native vegetation, clearing (as it applies to this Act) is defined as “the destruction of a sufficient proportion of one or more strata (layers) within a stand or stands of native vegetation so as to result in the loss, or long term modification, of the structure, composition and ecological function of stand or stands.” Whilst this needs to be considered as part of any future road works, it is considered that clearing can be minimised, to ensure that it does not result in significant change to the ecological function of the vegetation along the Galong road.

Fisheries Management Act 1994 Part 7A of this Act deals largely with the listing of threatened species, populations and ecological communities, critical habitat of endangered species, populations and ecological communities, offences under the Act, recover and threat abatement plans, licencing, management agreements and the Fisheries Scientific Committee. Division 12 of this part of the Act, applies to applications under Part 4 and assessments under Part 5 of the EP&A Act. As discussed above, the road works would be carried out under Part 5 of the Act, and this issue will be thoroughly considered in any future roadworks assessment. However, a preliminary review, of the potential impacts of the future road works, has been carried out. This Division of the Act requires Council to consider whether a proposed development or activity is likely to significantly affect threatened species, populations or ecological communities, In coming to this determination Clause 221ZV requires the following to be taken into account: (a) in the case of a threatened species, whether the proposed

development or activity is likely to have an adverse effect on the life cycle of the species such that a viable local population of the species is likely to be placed at risk of extinction


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By definition, threatened species includes those species identified as endangered species, species assumed to be extinct, critically endangered species and vulnerable species, as identified in the Schedules to the Act.

A review of the species identified in the Schedules and the relevant mapping, reveal that none have been sighted in the locality, are not known to exist in the locality and are not endemic to the area. Accordingly, any roadworks are unlikely to have an adverse impact on the life cycle of these species such that a viable local population of the species is likely to be placed at risk of extinction.

(b) in the case of an endangered population, whether the proposed development or activity is likely to have an adverse effect on the life cycle of the species that constitutes the endangered population such that a viable local population of the species is likely to be placed at risk of extinction,

None of the five (5) endangered populations list in Schedule 4 to the Act, have been sighted in the locality, or are known to exist in the locality and are not endemic to the area. Accordingly, any roadworks are unlikely to have an adverse impact on the life cycle of these species such that a viable local population of the species is likely to be placed at risk of extinction.

(c) in the case of an endangered ecological community or critically endangered ecological community, whether the proposed development or activity: (i) is likely to have an adverse effect on the extent of the ecological

community such that its local occurrence is likely to be placed at risk of extinction, or

(ii) is likely to substantially and adversely modify the composition of the ecological community such that its local occurrence is likely to be placed at risk of extinction,

There are no critically endangered ecological communities listed in Schedule 4A of the Act, at the time of writing this report.

There are four (4) endangered ecological communities that are identified in Schedule 4 of the Act. One of these communities is the “aquatic ecological community in the natural drainage system of the lowland catchment of the Lachlan River”. This includes all fish and aquatic invertebrates within all natural rivers, creeks, streams and associated lagoons, billabongs, lakes, wetlands, paleochannels, floodrunners, effluent streams (those that flow away from the river) and the floodplains of the Lachlan River. This includes multiple lakes, rivers and creeks, including the Boorowa River.


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The closest that Boorowa River runs to the Galong Road, is over 3 km away, and none of the creek systems in the immediate area have been identified as being part of the EEC. It is therefore reasonably concluded that the future roadworks will not have an adverse effect on the extent of the EEC or would be unlikely to substantially and adversely modify the composition of the EEC, such that its local occurrence is likely to be placed at risk of extinction.

(d) in relation to the habitat of a threatened species, population or ecological community: (i) the extent to which habitat is likely to be removed or modified as

a result of the proposed development or activity, and (ii) whether an area of habitat is likely to become fragmented or

isolated from other areas of habitat as a result of the proposed development or activity, and

(iii) the importance of the habitat to be removed, modified, fragmented or isolated to the long-term survival of the threatened species, population or ecological community in the locality,

Again, given that none of threatened species or populations, have been sighted in the locality, are not known to exist in the locality and are not endemic to the area, and that their habitat is not generally known to occur in the area, no impact in this regard is expected. Furthermore, all works will be remote from the identified EEC, 3 km to the east (at its closest point).

(e) whether the proposed development or activity is likely to have an adverse effect on any critical habitat (either directly or indirectly),

There is no declared critical habitat in the region.

(f) whether the proposed development or activity is consistent with a Priorities Action Statement,

Not applicable.

(g) whether the proposed development constitutes or is part of a key threatening process or is likely to result in the operation of, or increase the impact of, a key threatening process.

There are a number of key threatening processes listed in Schedule 6 to the Act, including (but not limited to) degradation of native riparian vegetation and installation of instream structures that alter natural flow regimes. It is not considered that any future road works in the vicinity of the creek crossings will constitute part of a key threatening process, or is likely to result in the operation of, or increase the impact of, a key threatening process, under this Act.


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4.10 Designated development Designated development is development that will have a high impact (e.g. likely to generate pollution), or is located in or near an environmentally sensitive area (e.g. a wetland), and warrants a detailed environmental impact statement. Schedule 3 of the EP&A Regulation defines the types of designated development, and the original development proposal (limestone mines and works) was designated development. Clause 35 of Schedule 3, provides that development involving alterations or additions to development (whether existing or approved) is not designated development if, in the opinion of the consent authority, the alterations or additions do not significantly increase the environmental impacts of the total development (that is the development together with the additions or alterations) compared with the existing or approved development.

Clause 36 of Schedule 3 provides that the factors that are to be taken into consideration in Council forming its opinion as to whether or not the modification to the approved development is designated development, are as follows:


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Factors Comment (a) the impact of the existing development having regard to factors including:

(i) previous environmental management performance, including compliance with the conditions of any consents, licences, leases or authorisations by a public authority and compliance with any relevant codes of practice

The existing operator has largely complied with its existing EPL and development consent, with the one notable exception being the upgrade of the Burley Griffin Way and Limestone Way. The applicant has indicated that on: 29th August 2018, Sibelco commenced a competitive market tender process, and a preferred contractor will be selected by 11th October 2018, and a contract will be executed the following week (weekending 21st October 2018). This issue is discussed greater detail in the 4.15(b) road assessment below.

(ii) rehabilitation or restoration of any disturbed land

The nature of the limestone deposit and mining operations on site do not permit progressive rehabilitation of the mine void. To date rehabilitation is limited to the separation, storage and stabilisation of top soil and overburden. During the 2018 Annual Environmental Monitoring Report visit in early October, staff from Department of Planning and Environment (Mineral Resources) indicated they are satisfied with the rehabilitation and stabilisation works undertaken on site to date.

(iii) the number and nature of all past changes and their cumulative effects

There have been three (3) modifications to the original consent (detailed above), which largely resulted in an increase in dispatch, from the site, from 200,000 to 320,000 tonnes per annum. Other incidental changes as a result of this, was the introduction of a Voluntary Planning Agreements (in lieu of the section 94 contributions), and modification to the required roadworks. Whilst the cumulative changes will have a greater impact (more vehicle movements), Council does not consider that they will have a significantly different impact, or that impacts are unacceptable (see also 4.55 discussion below).

(b) the likely impact of the proposed alterations or additions having regard to factors including: (i) the scale, character or nature

of the proposal in relation to the development

The development will not result in any changes to production on-site (volume or process), with the only on-site impacts anticipated to be an increase in vehicle movements (see also 4.55 discussion below).

(ii) the existing vegetation, air, noise and water quality, scenic character and special features of the land on which the development is or is to be

It is considered that the existing environment is suitable for the proposed changes, and that the likely impacts on the modification (increase in truck movements), will have minimal impact on that environment (see also 4.15 assessment below).


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carried out and the surrounding locality, and

(iii) the degree to which the potential environmental impacts can be predicted with adequate certainty

Council is in a position to predict the impacts with a high level of certainty, and will be discussed in the 4.15 assessment below.

(iv) the capacity of the receiving environment to accommodate changes in environmental impacts

Subject to the appropriate road upgrades, the receiving environment will accommodate the changes (increased vehicle movements), with minimal impact (see also 4.15(b) road assessment below).

(c) any proposals: (i) to mitigate the environmental

impacts and manage any residual risk, and

The Applicant has indicated that Sibelco will implement, and will continue to implement, the following ongoing management issues and new initiatives: Traffic install, subject to Council approval, Sibelco Galong directional street signage at key intersections along

existing approved Southern Haulage Route (from Limestone Way to Eubindal Road), site operations to conduct a random monthly audit of traffic (Sibelco related truck) movements to and from

the Galong Quarry at selected locations to identify any instances of non-compliance, and report details /findings/actions of monthly audits to Galong CLC, meeting as standard agenda item

proposed increase of VPA levies per annum from approximately $240,000 to $322,500 towards the provision of road maintenance works,

Sibelco's offer to contribute $1m towards Council's proposed upgrade of Galong Road North. Traffic noise re-offer Localised Property Treatments to all property owners who were offered as a result of the 320

application/approval. routine monitoring along the southern haulage route to ensure compliance with RNP traffic noise criteria for

previously proposed and implemented treatment measures following Project 320, noise monitoring within affected properties along Ryan Street to confirm compliance with RNP traffic noise

criteria after implementation of property treatments. Amenity


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continue to implement truck driver formal induction process and enforcement code of conduct, continue to implement surveillance systems to manage adherence to dispatch hours and haulage routes, continue to require all trucks to be covered and use the truck wash before leaving site, establish a truck park-up facility in proximity to the front gate, to accommodate trucks arriving at site within

permissible hours, continue to investigate, monitor and act upon community complaints and impose penalties upon drivers

where necessary, continue to undertake annual inspection and rectification of approved haulage routes (in conjunction with

Hilltops Council). (ii) to facilitate compliance with

relevant standards, codes of practice or guidelines published by the Department or other public authorities.

The Applicant has committed to continuing to operate within the limits of the consent and the environmental protection licence (EPL).


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Despite the obvious non-compliance with the intersections works at Limestone Way and Burley Griffin Way, Council does not consider that the above assessment warrants treating the proposed modification as designated development that would require the preparation of an environmental impact statement, to support the current application. 4.46 Integrated development Integrated development is development that, in order for it to be carried out, requires development consent and an approval from another government agency. The original development proposal was integrated development, as it required an environmental protection licence (EPL) from the Environment Protection Authority (EPA). This current proposal to increase dispatch, does not require any modification to the existing EPL (4660). This is because the site is currently licenced to extract up to 500,000 tonnes per annum of material (and process up to 250,000 tonnes per annum of cement or lime products), and the EPL contains no limit on the amount of product dispatched from the site. The limit as to how much material can leave the site and along which routes, forms part of the development consent. Accordingly, this modification does not trigger the integrated development provisions of the EP&A Act. 4.55 Modification of consents - generally The applicant has lodged the proposed modification as a 4.55(1A), being a modification involving minimal environmental impact. One of the submissions received, objected to the current application, on the grounds that the proposal does not constitute a modification, as: the proposal constitutes a significant change from the current consent it may result in substantial environmental impacts (terrestrial biodiversity and

groundwater vulnerability), there will be an increase in dispatch from 320,000 tonnes to 430,000 tonnes

(34%), a new haulage route is proposed along Galong Road, there will be additional heavy vehicle movements long Galong Road (48 per

day). This section of the Act provides that the consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if: (a) it is satisfied that the proposed modification is of minimal environmental

impact, and It is intended that this report will demonstrate that the modification is of

minimal environmental impact.


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(b) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and In determining whether the modification will result in substantially the same development, the legislation requires Council to consider the proposed modification against the original consent, and is not to take into account the previous modifications. By comparison, there is an increase in dispatch from the original consent, from 200,000 to 430,000 tonnes per annum (currently approved at 320,000 tpa), an increase in heavy vehicle movements from 44 vehicles movements per day to 94 (currently 70 vmpd). and a change to the haulage routes. However, Council considers that there is sufficient justification, to demonstrate the development will be substantially the same, with the key points being: the NSW Land and Environment Court (NSWLEC), has considered the

meaning of "substantially the same" numerous times with the main principles emerging from a range of cases are as follows: - the comparison between the original development and the modified

development involves a consideration of quantitative and qualitative, elements of the proposal [Moto Projects (No 2) Pty Ltd v North Sydney Council],

- the modification power is 'beneficial" and 'facultative", meaning, it is designed to assist the modification process rather than to act as an impediment to it … “it is to be construed and applied in a way that is favourable to those who seek to benefit from the provision” [North Sydney Council v Michael Standley & Associates Pty Limited ],

- a proposal can only be regarded as a modification if it involves “alteration without radical transformation” [Sydney City Council v Ilenace Pty Ltd],

with the above in mind, the haulage routes and dispatch limits associated with the mine and as proposed to be modified, are substantially the same development as the development for which consent was originally granted in that it: - will not result in any changes to the essential purpose or land use for

which development is being carried out, being mining and production operations of the site,

- will not alter any of the context and setting of the site, - will not alter the existing access to the mine via Eubindal Road, - will operate within the parameters of the existing consent and EPL

which permits the extraction of up to 500,000 tonnes of material per annum, and processing of up to 250,000 tonnes per annum of cement and limestone products,

- will not alter the mining of limestone or the manner of processing (crushing, screening, calcination in kiln),


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- will not affect or result in any additional environmental impacts associated specifically with the activities at the mine site, including but not limited to impacts to surface water, groundwater, air quality, operational noise, vibration, heritage, flora and fauna,

- will result in acceptable levels of noise and traffic when compared with original consent and as demonstrated in the traffic and noise assessments,

- will generate positive social and economic benefits to the local region, - the nominated haulage routes and the limit on the volume of dispatch

from the site were imposed with the original consent primarily due to road constraints, and the original consent allowed for the dispatch of 500,000 tonnes of product per annum provided that an alternative transport route was implemented to bypass the township of Galong, which this modification partially proposes,

- in this respect, the traffic and noise impacts associated with the dispatch of up to 500,000 tonnes of product per annum were previously anticipated within the parameters of the original consent, and the proposed modification to consider an alternate transport via Galong Road (north of Eubindal Road) is comparable to and satisfies the underlying objective of providing for an alternate transport route.

Considering all of the above factors, it is accepted that the proposal would not change the core elements of the project, including the extraction methods and rates, the processing of material, the footprint of the mine, or the life of the mine. A review of modifications on the Department of Planning and Environment’s Major Projects website (as it relates to mining projects), reveals that modifications that involve an increase in dispatch, significant increases in heavy vehicle movements, and changes to haulage routes, are common place, and are routinely considered as modifications.

(c) it has notified the application in accordance with: (i) the regulations, if the regulations so require, or (ii) a development control plan, if the consent authority is a council that

has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

As a minimum, the development was required to be notified in accordance the Harden Notification Policy. In addition to the provisions within this policy (neighbour notification), an advertisement was also placed in the local newspaper on two (2) occasions.

(d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.


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Council has considered the submissions received, and they are summarised in section 4.15(1)(d)of this report, and comments provided as necessary, throughout this report.

(3) In determining an application for modification of a consent under this

section, the consent authority must take into consideration such of the matters referred to in section 4.15 (1) as are of relevance to the development the subject of the application. The consent authority must also take into consideration the reasons given by the consent authority for the grant of the consent that is sought to be modified.

Following is the section 4.15 assessment of the proposed modification.

4.15(1)(a)(i) The provisions of any environmental planning instrument State Environmental Planning Policies (SEPPs) and deemed SEPP’s There are a number of SEPP’s which relate to Hilltops Council as a whole, and that specifically relate to a development of this nature. The following SEPPs have relevance to the development. SEPP No. 33 – Hazardous and Offensive Development; Council is satisfied that neither the original development, nor the modification, is potentially hazardous or offensive, and that the development is generally consistent with the aims, objectives and requirements of this SEPP. State Environmental Planning Policy No 44 – Koala Habitat Protection This Policy aims to encourage the proper conservation and management of areas of natural vegetation that provide habitat for koalas to ensure a permanent free-living population over their present range and reverse the current trend of koala population decline. This SEPP applies to the former Boorowa Shire, which covers the northern section of Galong Road. Council adopted the Plan of Management prepared by Charles Sturt University in accordance with Part 3 of the SEPP. The Plan of Management identified areas in Rye Park and Tarrants Gap Road as being areas where koala habitat would require protection. The proposed modification is not within the identified habitat protection areas, and a review of the Atlas of NSW Wildlife, reveals that there have been no koala sightings in the Galong Road area. Accordingly, Council is satisfied that the modification would not have an impact on koala populations.


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State Environmental Planning Policy No 55 – Remediation of Land Clause 7(1) prescribes that a consent authority must not consent to the carrying out of any development on land, unless it has considered whether the land is contaminated. The modification, being an increase in the amount of product that leaves the site, subsequent increase in heavy vehicle movements, and changes to the haulage routes, does not trigger any concerns with potential contamination or suitability of the haulage routes. SEPP (Infrastructure) 2007 The sections of this policy that are relevant to an assessment of this application are detailed as follows: Clause 45 (Determination of development applications—other development) applies to a development application for development comprising or involving any of the following: the penetration of ground within 2m of an underground electricity power line

or an electricity distribution pole or within 10m of any part of an electricity tower,

development carried out within or immediately adjacent to an easement for electricity purposes, or immediately adjacent to an electricity substation, or within 5m of an exposed overhead electricity power line,

installation of a swimming pool any part of which is within 30m of a structure supporting an overhead electricity transmission line, or within 5m of an overhead electricity power line, measured vertically upwards from the top of the pool,

development involving or requiring the placement of power lines underground.

The development does not meet any of the criteria, and no formal referral to Essential Energy was required, on the basis that the future Galong Road roadworks are not subject to this modification. However, these future roadworks may require consideration of this, as overhead power lines presently run within parts of the road reserve. Clause 55 (Development adjacent to corridor) applies to developments adjacent to a gas pipeline corridor. This development is not adjacent a gas pipeline and consideration of this is not required in this instance. Clauses 84 (Development involving access via level crossings) relates to such activities that may require a new level crossings or significant increases in the number of vehicles using level crossings. Whilst the new haulage route along Galong Road and the Galong-Boorowa Railway cross paths in three (3) locations, this clause is not relevant, as the line is disused, the railway tracks have been removed or tarred over in two (2) locations, and do not constitute level crossings.


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Clause 85 (Development adjacent to rail corridors), applies to development that is in or adjacent a rail corridor, if it is likely to have an adverse effect on rail safety. Whilst the existing and proposed haulage routes cross the railway corridor in several locations, it is not considered that the additional vehicles movement will have an impact on rail safety. Clause 94 (Development permitted without consent—general) of this SEPP, provides that development for the purpose of a road or road infrastructure facilities may be carried out by or on behalf of a public authority without consent on any land. For clarity, subclause (2) states that a reference to development for the purpose of road infrastructure facilities includes a reference to development for any of the following purposes if the development is in connection with a road or road infrastructure facilities: alterations or additions to an existing road (such as widening, duplication or

reconstruction of lanes, changing the alignment or strengthening of the road).

The works that are to be carried out on the Galong Road, that would ultimately facilitate the use of the road by Sibelco, are proposed to be undertaken by Council, under this SEPP. However, these works will require an assessment under Part 5 of the EP&A Act, at which time a review of environmental factors will need to be prepared to identify any potential issues, associated with the roadworks. Clause 101 (Development with frontage to classified road), does not strictly apply to this development, even though there will be an increase in the number of vehicles using a classified road. However, this has been considered elsewhere in this report. Clause 102 (Impact of road noise or vibration on non-road development), does not apply in this instance, as the activity is not identified in the SEPP. However, this issue has been considered elsewhere in this report. Clause 104 and Schedule 3 (Traffic generating development), identifies a series of development types and sizes that require formal referral to the RMS, but does not apply to this development. SEPP (Mining, Petroleum Production and Extractive Industries) 2007 This SEPP was gazetted in recognition of the importance to NSW of mining, petroleum production and extractive industries. It aims, among other things, to provide for the proper management and development of mineral resources for the social and economic welfare of the State, and to establish appropriate planning controls to encourage ecologically sustainable development through environmental assessment, and sustainable management.


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The SEPP specifies matters requiring consideration in the assessment of any mining, petroleum production and extractive industry development, as defined in NSW legislation. A summary of the relevant matters that the consent authority needs to consider, and as it relates to this proposal, are discussed as follows:


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Provision Comments 16 Transport (1) Before granting consent for development for the purposes of mining or extractive industry that involves the transport of materials, the consent

authority must consider whether or not the consent should be issued subject to conditions that do any one or more of the following: (a) require that some or all of the

transport of materials in connection with the development is not to be by public road,

The proposed modification is to transport additional material along the existing public road network. Related to this matter, many of the submissions received, queried why an alternate route (as previously considered), could not be constructed in lieu of using Galong Road. The original 2003 consent required the construction of a road to bypass the Galong Village, however, the 2007 consent for the by-pass, found that in examining potential alternate routes it was determined that it was not possible to maintain southern haulage routes and bypass the village entirely, as it was not possible to obtain an alternate route over the main Sydney-Melbourne Railway Line. The route approved as part of the 2007 consent, did not by-pass the village completely, rather increased the length of truck movements to 24 hours a day and increased dispatch volumes to 500,000 tonnes annually. This position was reiterated in the assessment of the previous modification (MOD3), stating that the impact of the proposed increase in tonnage to 320,000 tpa transported along the outer roads of the village would have no greater overall impact than the full potential impact of the activation of the 2007 consent when total haulage amount and times of operation are taken into account. The MOD3 consent was subsequently modified to remove some references to the alternate transport route. In relation to this issue, the Applicant contends that it is not proposing to construct the alternate transport route as part of this modification, given that: the results of the truck volume, traffic safety and traffic noise assessments, do not warrant the construction of a

by-pass road; instances of traffic noise exceedance under Scenario 1 have been addressed via previously offered / recently

completed localised property treatments, which have also been reoffered to those property owners who declined localised property treatments following approval of the preceding modification;

there are no instances of traffic noise exceedance, or issues associated with truck volume / traffic safety, under Scenario 2,


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there is no obligation under the parameters of the current development consent (T2003-025 MOD3) which would require Sibelco to construct a By-Pass Road.

further to the above, Condition No. 11 of the consent was amended in 2015 to remove the requirement of the alternative transport route thereby superseding Condition No. 14, 15 and 16 of the consent.

therefore, it is contended that Condition No. 14 of the consent has been satisfied through the lodgement and approval of T2007-033 by Harden Shire Council which approved an alternative transport route.

So, while Council still agrees that the approved bypass is not necessarily required under Scenario 1, based on the current studies, and in essence Scenario 2 acts as a partial Village bypass, it does dispute that the Applicant has no obligation to actually construct the approved by-pass. Condition 14 as follows, still applies to the development: 14. Upon Council issuing consent for the alternate transport system referred to in condition 14, the applicant

will install, commission and operate all infrastructure required for the alternate transport system within such reasonable time period determined by the Council.

In essence, this condition requires the approved alternate transport system (subject of the 2007 consent), to be implemented “within such reasonable time period determined by the Council”. It is considered that Council could legally enforce compliance with this condition, even though the condition that limits product through the Village has been amended to remove any reference to an alternate transport route. None-the-less, it is considered that the bypass is not required, and therefore this condition should be deleted as part of this current modification application, to remove any potential inconsistencies. In conclusion, given the location of the site, and the ultimate proposal to reduce movements through the village, and dispatch product north via Galong Road (subject to upgrading works), and the lack of other viable transport route alternatives, it is not considered necessary to impose a condition that limits the transport of material via public roads, except as follows: a condition that prevents haulage along Galong Road, until it has been upgraded to the

appropriate standard, condition of deferred commencement to prevent any further material being dispatched along the southern

route, until such time as the Burley Griffin Way and Limestone Way intersection has been upgraded - see


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section 4.16 discussion towards the end of the report. (b) limit or preclude truck movements,

in connection with the development, that occur on roads in residential areas or on roads near to schools,

The final modification position (Scenario 2), which sees product dispatched almost equally to the north and south, will actually reduce vehicle movements near residential areas. In the interim (Scenario 1), the modification will result in additional vehicle movements in the Village, but is expected to be short-lived, as funding for the Galong Road upgrade has been confirmed. It is anticipated that upgrade construction would commence in March 2019.

(c) require the preparation and implementation, in relation to the development, of a code of conduct relating to the transport of materials on public roads.

Sibelco already have such measures in place, including: a formal and annual truck driver induction process, enforcement of code of conduct, continue monthly random audits relating to truck driver compliance, investigate, monitor and act upon community complaint, take enforcement / impose penalties upon drivers where necessary. This is considered sufficient for either proposed Scenario, subject to this application.

(2) If the consent authority considers that the development involves the transport of materials on a public road, the consent authority must, within 7 days after receiving the development application, provide a copy of the application to:

(a) each roads authority for the road, and

The application was referred to the Roads and Maritime Services.

(b) the Roads and Traffic Authority (if it is not a roads authority for the road).

The application was referred to the Roads and Maritime Services.

(3) The consent authority: (a) must not determine the

application until it has taken into consideration any submissions that it receives in response from any roads authority or the Roads and Traffic Authority within 21 days after they were provided with a copy of the application, and

The RMS has provided the following final comments: Option 1 essentially proposes that all of the requested increase volumes (110,000 tonnes) are to be hauled via Burley Griffin Way until works for the Galong Road North upgrade are complete. The timing for the works to Galong Road North appears to be undefined. Option 2 proposes 200,000 tonnes via the existing approved southern route, 10,000 tonnes via the existing approved northern route and a proposed new northern route along Galong Road to the north of Eubindal Road to transport 220,000 tonnes per annum. The increase in dispatch to 430,0000 tonnes per annum with haulage of 420,000 tonnes via Burley Griffin Way (as per scenario 1) represents an increase of 230,000 tonnes per annum via the existing intersection of Galong Road with Burley Griffin Way and does not assess the impact of the proposed increased traffic or provide


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mitigation measures to address the potential impacts of the additional resultant traffic generation on the Burley Griffin Way or its intersection with Limestone Way or Cunningar Road. Nonetheless the Roads and Maritime Services would have no objection to the proposal on the basis of:

1. Construction of the works and implementation of the dispatch routes proposed as part of option 2 prior to any increase in the dispatch rate from the limestone quarry; and

2. Compliance with the conditions of consent for the previous modification for the limestone quarry. The RMS has also requested conditions relating to the upgrading of the intersection with Cunningar Road be imposed should consent be granted. The RMS highlights that approval has not been granted for the movement of heavy vehicles on any route which is not consistent with the approved route for that vehicle; ie B Double vehicles. This essentially means that whilst the RMS would raise no objection based on the above, their concurrence does not allow for the movement on B Double vehicles on routes that are not currently B Double approved.

(b) must provide them with a copy of the determination.

This is an operational matter.


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State Environmental Planning Policy (Rural Lands) 2008 This SEPP applies to the land however, the development is not for a dwelling or subdivision and does not relate to State significant agricultural land, and therefore there are no relevant matters for consideration under this SEPP. Other SEPPs The following SEPPs apply to the land but are not relevant for this development: State Environmental Planning Policy No 21-Caravan Parks State Environmental Planning Policy No 30-Intensive Agriculture State Environmental Planning Policy No 36-Manufactured Home Estates State Environmental Planning Policy No 50-Canal Estate Development State Environmental Planning Policy No 62-Sustainable Aquaculture State Environmental Planning Policy No 64-Advertising and Signage State Environmental Planning Policy No 65-Design Quality of Residential

Apartment Development State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX)

2004 State Environmental Planning Policy (Exempt and Complying Development

Codes) 2008 State Environmental Planning Policy (Housing for Seniors or People with a

Disability) 2004 State Environmental Planning Policy (Miscellaneous Consent Provisions) 2007 Local Environmental Plan (LEP) The applicable LEP is both the Harden LEP 2011 (HLEP)and Boorowa LEP 2012 (BLEP), and the relevant provisions of the LEP are discussed as follows. 2.1 Land use zones The site of the existing operations, and the majority of the existing and proposed haulage routes, are zoned RU1 Primary Production, under both LEPs. A small section of the approved haulage route through Galong Village, is within the RU5 Village zone, under the HLEP. Open cut mining (which means mining carried out on, and by excavating, the earth’s surface, but does not include underground mining), is permitted with consent, and the current operations are conducted under a valid consent. The proposed modification does not affect the permissibility of the approved development, or change the nature of the development carried out on-site.


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2.3 Zone objectives

Under this clause Council must have regard to the objectives of the zone when determining the modification. The objectives of zone under the HLEP are: to encourage sustainable primary industry production by maintaining and

enhancing the natural resource base, to encourage diversity in primary industry enterprises and systems

appropriate for the area, to minimise the fragmentation and alienation of resource lands, to minimise conflict between land uses within this zone and land uses within

adjoining zones, to encourage the development of non-agricultural land uses that are

compatible with the character of the zone. The objectives of the zone under the BLEP are the same as above, with the addition of one further objective, being: to support rural communities. One (1) of the submissions received, states that the proposed modification is not compliant with the zone objectives, in particular the objective that relates to minimising conflict between land uses, citing the conflict between mine vehicles and agricultural land use in the area (discussed in greater detail in the roads section). The proposed modification whilst not actively working towards every objective is considered to be consistent with several of them. The ultimate scenario will see a reduction in the impacts on the Village of Galong, and will facilitate the ongoing operations of the mine, as a non-agricultural land-use, compatible with the historical nature of the site, and the broader area. It is also considered that the upgrading work to Galong Road, that would facilitate the use of the road by mine-related vehicles, would be of a standard, that would be suitable for a variety of road users. In addition, the current operations and proposed modification will support the rural community of Galong, through the relevant contribution schemes, and as a provider of a key farming input (Aglime). Finally, the modification will not prevent any current agricultural land from being used for sustainable primary industry production, and will not discourage diversity in primary industry enterprises and systems appropriate for the area. Furthermore, consistency with all zone objectives is not critical to the modification, with the NSWLEC forming the opinion that:

“The proper approach to the test of consistency with the objectives of the zone is to consider them as a whole and to be satisfied that the development as proposed will not be incompatible or inconsistent with them as a set of criteria.


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“His Honour also observed that, as a matter of principle so long as a development is not generally inconsistent with at least one of the aims of the plan and the zone objectives, consent may be granted”. “The guiding principle, then, is that a development will be generally consistent with the objectives if it is not antipathetic [opposed in nature or character] to them. It is not necessary to show that the development promotes or is ancillary to those objectives, nor even that it is compatible”.

Woolworths Ltd v Dubbo City Council citing Bellas v Penrith City Council and Schaffer Corporation Limited v Hawkesbury City Council.

5.10 Heritage conservation The site of the mine itself is not heritage listed. The haulage routes do, and will continue to, pass several heritage items that are identified under the HLEP, including: I17 St Clement’s Retreat (Galong Road), I24 St Lawrence Home and St Michael’s Church (Ryan Street), I23 Former railway station, (Orient Street/Bobbara Road), I2 Galong Railway Station and yard group (Main Southern Railway/

Crescent Street). The increased movement of traffic along the road network is not expected to cause any negative impacts on any of the above items, given the traffic activity that has long been in place in association with the mine’s operations, and given the setbacks from the road to the listed items. One (1) submission states that “heritage value of Galong Cemetery has been classified by the National Trust”, and questions if the National Trust has been informed. Council is under no obligation to consult with the National Trust, as none of the heritage items or the cemetery, will be directly affected by the modification. There are no heritage items listed in the BLEP. 6.1 Earthworks There will be earthworks associated with the upgrading of the Galong Road, but will be considered as part of the Part 5 assessment.


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6.2 Biodiversity protection (HLEP) & 6.3 Terrestrial biodiversity (BLEP) The mine site, as well as parts of the existing haulage routes, are identified as including areas of significant vegetation or high conservation value vegetation, and therefore this clause is to be considered. The objective of this clause is to maintain terrestrial biodiversity, including the following: (a) protecting native fauna and flora, (b) protecting the ecological processes necessary for their continued existence, (c) encouraging the recovery of native fauna and flora and their habitats. Before determining a development application for development on land to which this clause applies, Council must consider: (a) any potential adverse impacts from the proposed development on the

following: (i) the condition and significance of the vegetation on the land and whether

it should be substantially retained, (ii) the importance of the vegetation in that particular location to native

fauna, (iii) any potential to fragment, disturb or diminish the biodiversity values of the

land, (iv) the condition and role of the vegetation as a habitat corridor, and

(b) any proposed measures to minimise or mitigate those impacts. The application to modify essentially involves activities and impacts outside the mine site itself, and the modification under both scenarios (interim and final), will not have any different impact on the mine site. The new haulage route along Galong Road, does have areas of vegetation mapped under both the LEPs, (as identified in one of the submissions), and a preliminary assessment of each of these mapped area was carried out above, in relation to the BC Act. Overall, whilst it is acknowledged that some tree removal will be required, Council is still satisfied that that the roadworks can be undertaken to limit tree removal, to such an extent, in order to minimise any adverse environmental impact. 6.2 (HLEP) & 6.5 (BLEP) Riparian land and watercourses There are no watercourses or any riparian land (defined as land within 40 metres of the top of the bank of any watercourse, identified on the mapping) on the existing mine site.


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There are two (2) mapped watercourses (and subsequently riparian land) that affect the existing haulage routes, being: Bobbara Flat Creek on Limestone Road, and Rocky Ponds Creek on Kalangan Road. The modification under both scenarios (interim and final), will not have any different impact on these areas. The new haulage route along Galong Road, has two (2) watercourses mapped on the Natural Resources mapping under the HLEP (noting there is nothing mapped on the BLEP). These are detailed as follows: Limestone Creek (2 km north of Eubindal Road) – see Photo 1 above, Rocky Ponds Creek (4 km north of Eubindal Road) – see Photo 2 above. The objective of this clause is to protect or improve the following: (a) the water quality within watercourses, (b) the stability of the bed and banks of watercourses, (c) aquatic and riparian habitats, (d) the ecological processes within watercourses and riparian areas. Before determining a development application for development on land to which this clause applies, the consent authority must consider the following matters: (a) any potential adverse impacts on:

(i) the water quality within the watercourse, (ii) aquatic and riparian habitats and ecosystems, (iii) the stability of the bed, shore and banks of the watercourse, (iv) the passage of fish and other aquatic organisms within or along the

watercourse, (b) the likelihood that the development will increase water extraction from the

watercourse, (c) any proposed measures to minimise or mitigate those impacts. It is not considered that any road widening works required in the vicinity of Limestone Creek or Rocky Ponds Road will have any adverse short-term impact on water quality or bank stability (subject to the appropriate sedimentation and erosion controls at the time of construction). Furthermore, no short-term or long-term impacts are expected in terms of aquatic habitats or passage of fish, and no water extraction is proposed. 6.4 Groundwater vulnerability (HLEP & BLEP) Much of the mine site and most of the existing and proposed haulage routes under the HLEP, are mapped as having groundwater vulnerability. None of the haulage routes covered by the BLEP, are mapped as having groundwater vulnerability.


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The objective of this clause is to maintain the hydrological functions of key groundwater systems and to protect vulnerable groundwater resources from contamination as a result of inappropriate development. There are no additional impacts on the mine site that would impact on groundwater as a result of the modification, and the increased dispatch along the existing haulage routes and the new haulage routes, are unlikely to impact negatively on groundwater in the area.

6.5 (HLEP) & 6.2 (BLEP) Flood planning

None of the land (mine site or haulage routes) is affected by the flood mapping within the HLEP, or the Boorowa Flood Study.

6.6 Salinity

There are very minor incidences of mapped salinity on the mine site, and a small amount of land mapped as having salinity along both the existing and proposed haulage routes, within the areas covered by the HLEP. There are no additional impacts on the mine site that would impact on salinity as a result of the modification, nor would salinity impact on the approved or modified development. The increased dispatch along the existing haulage routes and the new haulage routes, will not contribute to salinity in the area.

The impacts of localised salinity may be an issue for the future road upgrades, but this can be considered at the design stage, and more so during the physical construction phase.

6.7 Highly erodible soils (HLEP only)

None of the land (mine site or haulage routes) are affected by the highly erodible soils mapping within the HLEP.

4.15(1)(a)(ii) The provisions of any draft environmental planning instrument

State Environmental Planning Policies (SEPPs)

There are a number of draft SEPP’s which relate to Hilltops Council as a whole, and that specifically relate to a development of this nature. The following SEPPs have relevance to the development. Mining SEPP amendment

It is intended that the Mining SEPP be amended to adopt the EPA’s revised assessment criteria as non-discretionary standards for cumulative noise levels and cumulative air quality levels (being standards that if achieved, prevents a consent authority from seeking a higher standard). The original standards in the SEPP (clause 12AB) do not apply to the modification, and subsequently neither do the proposed amendments.


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Draft amendment to the koala habitat protection SEPP The key changes in the proposed amended SEPP relate to the definitions of koala habitat, list of tree species, list of affected councils and development assessment process. As a result of this, it is intended that Hilltops Council will now be identified as a Council to which the SEPP will apply, rather than just applying to the former Boorowa Shire Council, as it presently does. This does not impact on the current assessment (above). Primary Production and Rural Development The proposed aims of this SEPP are to support sustainable agriculture and aquaculture by: facilitating the orderly, environmentally sustainable, and economic use and development of land for primary production and rural development, encouraging sustainable aquaculture, including use of a risk-based approach to environmental assessment, providing for future recognition and protection of State significant agricultural lands and providing simplified assessment requirements for low impact land uses, and routine and emergency irrigation works. This is achieved largely by unifying, and updating the provisions of several existing “like” SEPPs (Rural lands 2008, SEPP30 - Intensive Agriculture, SEPP52 - Farm Dams and Other Works in Land and Water Management Plan Areas, SEPP62 - Sustainable Aquaculture and SREP8 - Central Coast Plateau Areas). The draft SEPP has no impact on the current modification. Other draft SEPPs The following draft SEPPs are in existence but are not relevant for this development: Draft amendment to parking provisions for boarding houses, Housekeeping amendment to the Codes SEPP, Repeal of Operational SEPPs.

Draft Local Environmental Plan (LEP) or planning proposal Nil.


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4.15(1)(a)(iii) The provisions of any development control plan The former Harden Shire Council did not have a Development Control Plan (DCP). The former Boorowa Shire Council does have a DCP, but has no provisions that are relevant to this proposal. 4.15(1)(a)(iiia) Any planning agreement or draft planning agreement Section 7.4 of the Environmental Planning and Assessment Act, 1979, allows developers to voluntarily enter into Planning Agreements with authorities, to undertake actions or to pay contributions to public purposes. Public purposes may include (but not be limited to): the provision of public amenities or services; the provision of affordable housing; the provision of transport or other infrastructure relating to land; funding recurrent expenditure relating to the provision of public amenities or

public services, affordable housing or transport or other infrastructure; the monitoring of planning impacts of development; the conservation or enhancement of the natural environment. A Voluntary Planning Agreement (VPA) runs with the land and remains in force, even where there is a change in ownership of that land. A Voluntary Planning Agreement can only be included in conditions of consent where an applicant, on making an application for consent, has provided an offer in writing to enter into such an agreement. As part of the 2015, 320,000 tpa modification (MOD 3), Sibelco offered to enter into such a voluntary planning agreement (VPA) and, accordingly, a condition of consent was imposed requiring such an agreement to be negotiated with Council and implemented over a period of time. At the time, it was suggested that some relevant matters for possible inclusion into a VPA may include, but not be limited to: provision of truck parking facilities, with suitable amenities, for those truck that

turn up outside of loading hours. Any such facility could be located in a position that trucks would not need to pass through the village to access it;

provision of noise attenuation measures in affected dwellings throughout the village;

ongoing monitoring and management of noise; ongoing reporting and validation mechanisms that record complaints,

responses and strategies put in place to limit or stop the issues causing the complaints;

upgrades to approaches on the Galong Road Railway Bridge; upgrades to pavements of Crescent and Ryan Streets; upgrade of intersection of Bobbara Road and Ryan Streets;


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upgrades or the like to the northern parts of Kalangan Road to allow additional trucks to travel that route, rather than take the southern route, subject to a further modification application;

installation of traffic calming measures on Ryan Street; regular meetings between Council staff, Sibelco representatives and the

community to address issues arising as a result of mining operations and dispatch;

provision of landscaping or other beautifying treatments in the village; the upgrade of existing public facilities such as the oval, to provide an

improved recreation area for local residents; provision of appropriately designed and architecturally treated noise

attenuation structures in the village to help manage noise. A VPA was negotiated and executed on 28 August 2016. It resulted in the requirement for a payment of a contribution of $ 0.75 per tonne of product dispatched from the gate (paid quarterly and adjusted to reflect any increase in the Final Domestic Demand of the Producer Price Index(PPI)). The rate in the VPA, result in a higher contribution, than was in the original consent, and under the contributions plan in force at the time of the 320,000 tpa modification. The applicant as part of this proposal, stated that it is intended that the VPA would continue to apply to the site, and would encompass the additional product dispatch. Based on the current dispatch limit, this equates to $ 240,000 per annum (to be adjusted for the PPI). If the proposed increase in dispatch is approved, this would attract an additional contribution of $ 82,500 per annum (to be adjusted for the PPI) under the current VPA. This additional contribution under the VPA, is still higher than what would be collected under the current heavy haulage contributions plan applicable for the Galong Road. If Council agreed to this proposal, the VPA would need to be amended to reflect the modified consent and potentially the schedule that identifies the works on which the contributions would be spent. The opportunity would also be taken to update the VPA which contains old section numbers under the EPA Act, that have been amended, following the recent review of the Act. Clause 7.5 of the Act states that a planning agreement cannot be amended unless public notice has been given, and the amendment exhibited for not less than 28 days. Accordingly, if Council is prepared to modify the VPA, then this needs to occur. Accordingly, it is recommended that the current VPA, be amended (prior to any increased dispatch) to: reference the modified consent (T2003-025 MOD4), reference the new tonnage rates (430,000 tpa), identify the maintenance of Galong Road in the schedule of works on which

the contributions would be spent (under Scenario 2 only and not Scenario 1),


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identify any additional road maintenance or intersection upgrades required in the Village,

undertake housing keeping matters.

4.15(1)(a)(iv) Matters prescribed by the Regulations

Council has considered the following matters as prescribed by Regulations:

Clause 92 (Additional matters for consideration): - the modification application does not involve the demolition of a building, the modification is not for the carrying out of development on land that is

subject to a subdivision order made under Schedule 7 to the Act, the development is not located within the local government area of

Coonamble, City of Dubbo, Gilgandra or Warrumbungle (to which the Dark Sky Planning Guideline applies),

the modification does not pertain to a manor house or multi dwelling housing (terraces).

Clause 93 (Fire safety and other considerations) the development is not for a change of building use for an existing building.

Clause 94 (Consent authority may require buildings to be upgraded) the development does not involve the rebuilding, enlargement or extension of

an existing building.

Clause 94A (Fire safety and other considerations - temporary structures) the development is not for a temporary structure.

Clause 288 (Special provision relating to Sydney Opera House) the development does not relate to the Sydney Opera House. 4.15(1)(b) The likely impacts of that development

Context and setting

The mine itself is in a contextual environment that is highly disturbed and has a cleared landscape, as a result of both mining and agricultural activities. While surrounding land use is exclusively agricultural, the mine, as a long-standing use and activity, is part of the overall context and setting. This proposal, which focuses only on the dispatch of materials from the mine on existing developed road networks, rather than on any activities inside the mine, is not expected to alter the context and setting in which it sits.

The affected road network (existing and proposed) is largely set in a rural environment, with the exception of the small section that passes though the Village of Galong. Neither scenario (which sees additional heavy vehicle movements along these roads), will impact on the scenic qualities and features of the landscape. Any required road works will also have minimal impact in this required, despite some probable tree removal being identified.


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Several of the submissions, raised the issue of loss of amenity in the area, as it pertains to the new haulage route along Galong Road. This relates specifically to an increase in heavy vehicle movements, and subsequent amenity impacts such as road and traffic noise, dust, pollution and safety risks to road users. The impact on the amenity of the locality as it relates to noise is discussed in further detail under the noise section, as it pertains to additional heavy vehicles through the Village under Scenario 1, and along the Galong Road under Scenario 2. The issue of safety to road users is discussed in the roads assessment below. In terms of dust and pollution, there is potential for additional dust and exhaust fumes to be generated, as a result of the additional heavy vehicle movements, however, the majority of the homes along Galong Road are setback a substantial distance and have existing vegetative buffers, along the adjacent road boundary. Furthermore, the widening of the road pavement and subsequent sealing of the current road shoulders, will reduce the incidences of vehicles having to veer off the pavement onto the gravel road shoulders, reducing the propensity for dust generation. Access, transport & traffic This issue is the crux of the modification, and was a concern in virtually all of the submissions received, Largely, the submissions objected to the use of Galong Road for the movement of heavy vehicles to and from the Mine, but also touched on a range of other issues. An assessment of the modification, as it relates to the road network and the submissions received is as follows. The exception to this is Kalangan Road, as no changes are proposed with respect to its use (although the Traffic Impact Assessment (TIA) and Statement of Environmental Effects (SEE) did discuss this road). Eubindal Road Eubindal Road was required to be upgraded as part of the original consent (Condition 86), and the work has been carried out. The road provides a straight alignment and single lane of travel in both directions, and is to a suitable trafficable condition to cater for the existing heavy vehicle movement, as depicted in the following photo. The proposed increase in heavy vehicle movement along this section of road as part of the modification application would have no significant impact on the existing pavement, and can cater for the additional traffic. No works are required on this road as part of the modification.


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Photo 31

Eubindal Road and Galong Road intersection

The TIA states that “the intersection of Eubindal Road and Galong Road is well laid out, and provides good visibility for drivers. There are no capacity issues at this intersection given the low traffic flows, with the existing layout providing an adequate level of safety for road users with no upgrades required in this location.” It states that there is in excess of 300 metres of sight distance in each direction at this intersection.

The TIA then goes on say that this intersection has been reviewed against the requirements of Austroads with regards to its layout and the existing controls, and it found the intersection is adequate and no sheltered right turn is required.

Council considers that the intersection functions satisfactory for the correct heavy vehicle movement. Lane widening works have been previously undertaken at this location on Galong Road to assist with the heavy vehicles turning right into Eubindal Road. The increased heavy vehicle movement proposed would not further impact on its current level of service. As part of the proposed Galong Road upgrade works, this intersection may require minor improvement works to blend into the proposed Galong Road works. This would further assist with the heavy vehicle manoeuvres at this location.

Galong Road (south of Eubindal Road to Kalangan Road) This section of Galong Road forms part of the existing haulage route, and has had upgrade work undertaken to widen the pavement and bitumen seal width. It is considered that it could cater for the additional heavy vehicles, under Scenario 1.


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Intersection of Kalangan and Galong Roads

Concern has been raised in one (1) of the submissions, that the Kalangan Road and Galong Road intersection is dangerous. In this regard, The TIA states that “the intersection of Galong Road and Kalangan Road operates well given the very low traffic flows, with drivers rarely required to come to a complete stop to wait for an opposing traffic movement. The visibility on the approach to this intersection also allows drivers to alter their speed to undertake turning movements without the need to come to a complete stop.”

The TIA also confirms that this intersection has been reviewed against the requirements of Austroads with regards to its layout and the existing controls, and it found the intersection is adequate and no sheltered right turn is required.

Whilst the current configuration of this intersection functions for the current and proposed increase in heavy vehicles under Scenario 1, the Galong approach to this intersection has a steep grade, that could be improved by works undertaken with VPA contributions.

Haulage roads through Village of Galong

The TIA states that the approved haulage route through the Village provides a single lane of travel in each direction and operates at 50 kmph. Traffic flows are low and the route has minimal interaction with the existing traffic and pedestrian demands within Galong (given it bypasses the centre of the Village). The following photos show two (2) typical sections of the road.

Photo 32


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Photo 33

The condition and maintenance of the roads within the village utilised by heavy vehicles is a concern for Council. The utilisation of developer contributions for road maintenance can assist in funding road maintenance. However only the proportional increase of heavy haulage generated by the mine development, compared to all road users, can be employed when calculating the applicable contributions. Nonetheless it is not unreasonable to expect that an increase in heavy vehicle use by the mine will increase the proportional damage to the local road infrastructure under Scenario 1, and accordingly will decrease, if Scenario 2 eventuates. These impacts will be managed through the contribution scheme. Specific road issues in the Village are discussed as follows: Bobbara Road and Crescent Street intersection The past consents recognised that the intersection of Crescent Street and Bobbara Road is somewhat difficult for heavy vehicles to negotiate. This intersection was assessed for an upgrade as part of the 2007 consent, and MOD3 assessment found that the situation has not changed in relation to width of this intersection, and foreshadowed that the Applicant should be required to upgrade this intersection by way of survey and heavy vehicle swept path analysis. However, this did not eventuate into the consent. No improvement works have been undertaken to date, however the VPA contribution monies could be utilised to improve the intersection alignment to better provide for heavy vehicle manoeuvring. Crescent Street The original application and MOD3 determined that that the pavement design and life of Crescent Street was not intended to accommodate significant amounts of heavy vehicles, as historically this was a local road, designed and constructed accordingly. MOD3 foreshadowed that the Applicant should be


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required to upgrade Crescent Street. However, this did not eventuate into the consent, but has been identified in the VPA schedule, as works on which the contribution could be spent. Whilst works should be carried out in this regard, they are not attributable wholly to the Applicant as a result of this modification, bearing in mind the mine (under various owners) has been contributing to these works since 2003 (through the original section 94 contribution and more recently the VPA). Ryan Street The 2015 MOD3, stated that Ryan Street, whilst subject to current Section 94 contributions, has not had significant recent upgrades. It was stated that the then status of the road pavement, potholing and patching was not conducive to continued use by heavy vehicles, and suggested that should the 2015 modification be approved, the situation on Ryan Street would need to be reassessed to determine the pavement design and life suitability for continued and increased movement of heavy vehicles. Again, it foreshadowed the Applicant should be responsible for the works, but again did not form part of the final consent. Rather, these works were identified in the VPA. It is worth repeating that contributions have been paid since 2003 towards these works. Galong Railway Bridge Concern has been raised in a couple of the submissions, that the Galong Railway Bridge and the approaches to it are dangerous and that this should be addressed prior to the modification being considered. It was identified that this was an ongoing issue, that Sibelco had failed to address. The following photos show the approaches to the bridge. Photo 34 (approach from the south)


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Photo 35 (approach from the north)

Modification 3 recognised that the approaches to the Galong Road railway bridge are not suitable for a sustained increase in heavy vehicle traffic, the lack of sight distance and road width of the approaches has the potential to compromise traffic safety. It was identified that the way forward for improving this zone is by way of survey and heavy vehicle swept path analysis as a starting point before any remedial action is taken. However, it did not make Sibelco responsible for this, as a condition of consent, rather included this is the schedule of works to be funded under the VPA. In relation to this issue, the Applicant has advised that: Sibelco is supportive of this project to upgrade the approaches to the

bridge, and have contributed financial support to Council via VPA levies which could (subject to Council approval) contribute towards the delivery of this project,

this particular project has been recommended by the VPA Committee to Council (May 2018) to improve local amenity and safety conditions and is currently the subject of Council review and consideration,

notwithstanding the above, the TIA assesses the approaches to the Galong Rail Bridge for vehicle crossing from both the south-west (towards Galong) and north-east (towards Burley Griffin Way). The road alignment in this location encourages drivers to slow down whilst crossing the bridge, with the urban speed limit of 50km/hr in this location, ensuring all vehicles, including trucks, can safely traverse the bridge. This bridge provides a width suitable to cater for two-way heavy vehicle movements, as per its current and historic operation, with no upgrades required to the existing road layout.

As identified above, this work is not a requirement of the current consent (as modified), and is therefore not presently a developer responsibility. These works are presently being considered by the VPA Committee. It is not considered that either of the proposed scenarios under the current modification, would trigger the need for the developer to undertake this work, or that it would be solely the responsibility of the Applicant.


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Limestone Way (Bouyeo/Galong Road) Limestone Way provides a single lane of travel in each direction, and operates at a posted speed limit of 100 kmph. The condition of the road is reasonable (see following photo, which shows a typical section of the road), and could carter for the additional traffic under Scenario 1. Photo 36

Burley Griffin Way and Limestone Way intersection Many of the submissions raised the fact that the works required at this intersection, as part of the 2015 modification (MOD3) to increase dispatch, have not been carried out, and consider the intersection as it stands, is dangerous. Some of the submissions suggest that until such time as the works are complete, that no additional haulage should be allowed along the southern route. The Applicant has provided the following comments, as they pertain to the required intersection works: the intersection is to be upgraded in accordance with the preceding

modification, Sibelco has made significant progress and commitment towards

delivering the upgrade to Burley Griffin Way and continues to do so, as follows:

- as at 27.7.18 detailed design of the intersection upgrade and a Road Safety Audit have been completed, a Work Authorisation Deed is being negotiated and finalised with RMS pending execution,

- 29.8.2018 competitive market tender process commenced, - 11.10.2018 selection of preferred contractor to occur - weekending 21.1.0.2018 – contracts to be executed,

whilst physical and on-the-ground works will not have commenced by the October 2018 Council meeting, Sibelco is confident that the existence of an executed contract with a contractor to deliver these works and a


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confirmed commencement date will serve to satisfy both Council and the Community that these works are 100% committed and will indeed commence in the short term,

there is no capacity issue at this intersection given the low traffic flows on Burley Griffin Way,

the timing of proposed approval is critical for the upcoming Agricultural Lime (Aglime) season. Any deferment or delay in granting an increase to the dispatch limit will have implications upon Sibelco’s ability to supply local farmers and other businesses. Such impacts were experienced in 2017, and hence Sibelco wishes to avoid this situation occurring in 2018.

There are serval issues pertaining to this intersection, detailed as follows. Upgrade of the intersection as per MOD3 Clearly the works at this intersection that were required as part of the previous modification have not been carried out, yet the Applicant is taking advantage of the increased dispatch limits afforded by the consent (190,000 to 320,000 tpa along the southern route). This is in contravention of the consent, and if directed by Council, enforcement action can be taken to ensure the works are carried out and/or the dispatch is reduced accordingly. Whilst the above issue of non-compliance does not directly relate to this current modification proposal, indirectly it does. Council needs to consider if the intersection as it presently exists, is to a suitable standard that would allow additional heavy vehicle movements under Scenario 1. Clearly the answer is no. Therefore, if approval of the modification is warranted, Council should only issue a deferred commencement consent (discussed below), which would not allow the modification consent to operate until such time as the required intersection works have been completed, as per MOD3. This would give the Applicant certainty that once the works were done, that the consent would become operational, yet there is less of an opportunity to breach the dispatch limits, as they would not be in force, until such time as the works are done. Additional intersection works The next issue that needs to be assessed is the suitability of the intersection once the intersection works have been carried. That is, as the intersection is designed and proposed to be constructed, will it cater for the additional heavy vehicles. The RMS have indicated that it is not satisfied that the approved intersection design will cater for the increased heavy vehicle traffic movements to the north and therefore do not support scenario 1. The advice provided suggests that if Council were to approve scenario2 via a deferred commencement consent, and given that the works on upgrading Galong Road are anticipated to


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commence in March 2019, the RMS would expect that the intersection works and Galong Road upgrades could occur concurrently. If this were to occur and no additional volume of material was dispatched via the Burley Griffin Way intersection until such time as the works were complete and Galong Road upgrades were nearing completion then the volume of mine traffic using this intersection would actually drop and the intersection as required to be upgraded under previous consents would adequately cater for the reduced volume of traffic under scenario 2. Should Council determine to support scenario 1 for the dispatch of an additional 110,000 tonnes per year (above the approved design capability) on an interim basis until Galong Road is upgraded and suitable for use by heavy vehicles, then Council would need to accept the implications if an incident were to occur. Staff therefore do not consider that this is a viable option for Council. Galong Road (north of Eubindal Road) Most of the submissions expressed objection to the use of Galong Road for mine haulage. The term “fit for purpose”, has been used in many of the submissions, and centres around concerns about the current and future road alignment and condition of the road, citing such things as being a small back road, being uniformly narrow, with multiple curves, and having sharp bends and blind crests, being fog affected, and suggesting that significant road widening is required. It has also been suggested that Council should not even consider the modification until such time as the road is “fit for purpose”. There is also a suggestion that despite the anticipated road upgrades, that the road will still not be suitable to accommodate the additional heavy vehicles proposed to use the road. Recent traffic counts (provided in the TIA following the installation of traffic counters by the traffic consultants in the first week of March 2018), revealed that the average daily traffic flow was 263 vehicles per day along Galong Road (north of Eubindal Road). Of this 35%, or 92 vehicles, were heavy vehicles, and this is expected to be greater during harvest. Scenario 2, would see an additional 48 vehicle per day, along the road, which equates to a 52% increase in heavy vehicle movements, and an 18% increase in total vehicle movements. This section of Galong Road has an existing 8 tonne load limit, which has been imposed to restrict the heavy vehicle through traffic on this road by the former Harden Shire Council. This restriction would have been imposed to preserve the life cycle of the road pavement by restricting heavy vehicle movement. Clearly the current condition of Galong Road would prevent the use of the road for any regular additional heavy vehicle movements (see photos above in biodiversity), and therefore Scenario 2 would require the upgrading of Galong Road to cater for the haulage heavy vehicle movement.


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However, the comment that the Galong road is not fit for purpose and the modification should not be considered until such time as it is constructed to a suitable standard, is contrary to the principles of the planning process. One of the main planning tools is the ability to impose conditions of consent, that require certain works to be carried out, as part of a development. This modification is no exception, where Council would impose a condition that requires the upgrading works to be carried out, prior to the use of the Galong road. Subsequently, once the road is upgraded to the appropriate standard then, there is no reason why it would not be suitable for the intended vehicle movements. To this end, the road would need to be upgraded from the Eubindal Road intersection to Cunningar Road intersection in accordance with Council’s Engineering Guidelines for Subdivision and Development, and Austroads Guidelines. The standard would obviously need to cater for heavy vehicle movements. The load limit would then be nullified at the completion of the proposed Galong Road upgrade works as the road pavement would be designed to cater for heavy vehicle movement along this section of road. In support of the upgrading works and the suitability of the upgrading works for additional heavy vehicle movements, the Applicant submits that: the availability of an additional northern haulage route (Scenario 2) is

subject only, following completion of Council's proposed $5 million upgrade works to Galong Road (north of Eubindal Road),

Council has previously advised that these proposed upgrade works are a priority to improve road safety and productivity of heavy vehicle traffic supporting not only Sibelco's ability to increase product supply and service the agricultural needs of the local and regional areas, but to also serve to benefit the broader region and community,

the TIA submitted in support of the SEE assesses the potential traffic impacts generated by the proposed modification along the proposed route via Galong Road (north of Eubindal Road) following completion of Council proposed upgrade works,

the TIA concludes that the additional average traffic movements associated with the modification will see no change in the existing level of service for both scenarios (Scenario 1 & Scenario 2), with the increase in development flows having a minimal and manageable impact on the surrounding road network, and therefore resulting in an acceptable traffic impact in terms of traffic flow, safety, road capacity and vehicular movements (including in relation to the road networks alignment, 'bends & crests' and performance in varying weather conditions),

therefore, it is contended that upon completion of Council's proposed upgrade works to Galong Road (north of Eubindal Road), that the new northern haulage route as proposed under Scenario 2 will have the capacity to accommodate the proposed increase in heavy vehicle traffic of an


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average of four truck movements per hour thereby reducing truck movements through the township of Galong,

it is noted that Council have previously advised that early engagement with Galong Road North residents will occur prior to the commencement of upgrade works to ensure that matters such as private property access, provision of public transport infrastructure, and native wildlife and livestock movements are appropriately considered and addressed within the proposed upgrade works.

Accordingly, Council is satisfied that whilst the current condition of Galong Road is not suitable for mine traffic, that the upgraded road would be capable of accommodating an additional 48 heavy vehicle movements per day. It is intended to impose an additional condition that requires Galong Road to be upgraded, to the required standards, prior to the use of the road, by mining-related vehicles. Galong Road and Cunningar Road intersection The TIA states that this intersection was assessed for safety and sight lines, and for a 100 kmph speed zone, the required sight distance is 234 metres. This distance is based on a 1.5 second reaction time for 100 kmph speed limit from Austroads Part 4A: Guide to Road Design. Council considers that the 2 second reaction time of 248 metres would be more appropriate, as it is considered to be the general minimum reaction time, under the Guidelines. Council has measured a length of approximately 230 to 235 metres (suitable for a 1.5 second reaction time) from the intersection to the east. At the intersection drivers can observe oncoming vehicles through a line of trees along the fence line around the horizontal curve on Cunningar Road. To sight oncoming vehicles in between solid objects i.e: trees, does provide some visual notification to the driver stopped. However, the oncoming driver at this location is approaching the intersection on a horizontal curve and would be concentrating on negotiating the curved alignment. The removal of some or all trees would assist the stationary vehicle at the intersection to view approaching vehicles, but may not aid the oncoming vehicle. The installation of larger improved Side Junction warning signs on the eastern approach to this intersection would highlight to the driver the intersection they are approaching at the western end of the curve. The Galong Road approach to the intersection will require shoulder widening improvement works. This work will be undertaken with the proposed Galong Road upgrade works. This is echoed in the comments received from the NSW RMS where that authority has requested that specific conditions relating to the upgrading of this intersection be imposed on any development consent given.


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Conflict with agricultural road users Several of the submissions relate to the possible conflict of heavy vehicles with regular agricultural activities such as movement of stock and farm machinery, along the road. With the upgrade works, there should be ample room for both heavy vehicles and farm machinery to be accommodated within the road reserve, with the incidents of conflict minimal. In terms of movement of stock there are existing conditions of consent that would address this issue being:

Stock crossing of roads affected by haulage routes

64. The location of stock gates that permit stock to cross nominated haulage routes, shall be relocated to allow for the minimum safe sight distance in each direction, to the satisfaction of Council’s Director of Technical Services. The applicant shall negotiate an agreement with the landowner to establish a procedure for notifying the mine manager prior to opening stick gates along any nominated haulage route. The mine manager will then be required to advice transport operators to abide by signage relating to stock crossing.

Drivers Code of Conducts

66. Drivers shall reduce their speed to a maximum of 60 km per hour

in the vicinity of stock crossings on all approved haulage routes when warning signs are displayed or upon advice from the mine manager that stock are likely to be crossing the road.

When the road is being upgraded, the first part of Condition 64 will need to be considered, and then Sibelco and the relevant landowners will be responsible for adhering to the remainder of the consent conditions.

School bus and children safety Whilst Council acknowledges the school bus uses Galong Road, it is not considered that when the road is upgraded that there will a significant conflict issue, for the following reasons: the road will be significantly wider following the upgrade works, the upgrade will include school bus bays that would allow the bus and

children to be well clear of the through road, school bus bay warning signs would be installed to warn motorists that they

are approaching a school bus bay, a driver must slow down to 40 kmph when bus lights flash, signage that reinforces that drivers must slow down to 40 kmph when bus

lights flash, should be installed.


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Council considered the possibility of restricting mine vehicles from using Galong Road during the morning and afternoon school bus run, but this was not considered practical, for the following reasons: there are a large number of heavy vehicles (92 per day) that already

currently use Galong Road, it is not equitable, or practical, to limit the use of the road for only mining -

related heavy vehicles, the Applicant has noted that recent experience of such a partial restriction on

Sibelco heavy vehicle traffic using Kalangan Road has proven difficult to enforce and creates confusion and misunderstanding within the community, particularly when heavy vehicle traffic using this road are mistakenly assumed to be Sibelco mine generated traffic when in fact they are unrelated to Sibelco’s operations.

In addition to Council ensuring the above controls such as locating and constructing school bus bays, and installation of signage, as part of the road upgrades occur, the Applicant proposes to include within its existing formal truck driver induction program, details of the location of school bus bays (and any other public related transport infrastructure) along Galong Road and reinforce the requirement for strict adherence to warning signs and slower speed limits in these locations. This will be conditioned accordingly. Wildlife An 18% increase in vehicle movements along Galong Road, may result in increased incidents of conflict with wildlife. However, most interaction with wildlife occurs at night, or at dawn and dusk, and not during the day, when the majority of the additional vehicle movements will occur. Improving the alignment and width of the road, will result in better visibility, hopefully allowing for potential incidents to be anticipated earlier and avoided. Mine vehicles should use Government-funded roads and not Council-funded roads This comment is noted, but is not a relevant consideration to the subject application. Access to Galong cemetery One (1) of the submissions received, stated that given the increase in vehicle movements, that the turning in and out of the access to Galong Cemetery, off Galong Road, would be dangerous.


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A modified TIA addressed this particular issue noting: traffic flows will remain low with significant gaps between vehicles allowing

the access to the Cemetery to continue to operate in a similar manner as it presently does,

in this location Galong Road provides a straight alignment and good visibility in both directions,

the existing layout is considered appropriate, with no noticeable impacts upon road safety due to increase traffic flows,

sight distance on the approach to this driveway exceeds 200 metres for traffic northbound, which exceeds the stopping sight distance for a 100 kmph (being 175 metres),

there is signage alerting vehicles travelling north along Galong that there is driveway.

Council considers that the sight distance to and from the south at this intersection, is marginal. It is also considered that as part of the proposed Galong Road upgrade works the access point to the cemetery would be included in these works, which may include a widened shoulder area to assist with left turn manoeuvres into the cemetery access. The grade rise in the vertical road alignment to the south of the access point can also be lowered (as part of the proposed Galong Road upgrade works) to improve line of sight to the south. Truck parking bay at the approach to Galong Concern has been raised in one (1) of the submissions, that a truck parking bay should be addressed prior to the modification being considered. It was identified that this was an ongoing issue, that Sibelco had failed to address In relation to this issue, the Applicant has advised that: Sibelco is supportive of this project to provide a truck parking bay on the

approach to Galong, and have contributed financial support to Council via VPA levies which could (subject to Council approval) contribute towards the delivery of this project,

this particular project has been recommended by the VPA Committee to Council (May 2018) to improve local amenity and safety conditions and is currently the subject of Council review and consideration.

These works are not a requirement of the current consent (as modified), and is therefore not presently a developer responsibility. These works are presently being considered by the VPA Committee. It is not considered that either of the proposed scenarios under the current modification, would trigger the need for the developer to undertake these works, or that they would be solely the responsibility of the developer.


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Signage to the mine

One submission expressed concern that signage to the mine needs to be addressed, prior to the modification being considered. The SEE proposes that Sibelco will (subject to Council approval) install directional signage at key intersections along the existing Southern Haulage Route (from Limestone Way to Eubindal Road).

The provision of directional signage is not a requirement of the current consent (as modified), and is therefore not a developer obligation. There is presently reasonable level of signage within the Village, but Council supports additional and upgraded signage, as part of this modification. This should also be extended to include additional directional signage along the new northern route (where necessary – likely only at the Galong Road and Cunningar Road intersection). A condition of consent is proposed in this regard.

On-going maintenance costs

Council acknowledges that the increased heavy vehicle movements will increase the degradation of the haulage routes. Some of this cost will be offset by the contributions that are paid in respect of the product being dispatched, but is unlikely to cover all road maintenance costs, nor should it as there are existing road users (including other heavy vehicles), that utilise the haulage routes.

Public domain

The modification will not impact negatively in terms of such things as recreational opportunities, or the amount, location, design, use and management of public spaces. It could be argued that the current contributions that are payable under the current (and any future) VPA, provide a positive benefit in terms of public spaces (such as roads) or other public infrastructure in the area.

Utilities

An assessment of the impact of the proposal on utilities (such as power, gas, and water supply) was made as part of the original application. It is considered that the application to amend the consent does not require reconsideration of this issue and the original assessment stands.

Heritage

As discussed in relation to the heritage provisions under the HLEP (clause 5.10 of the HLEP above), the mine site is not heritage listed. There are properties along both Ryan Street and Galong Road are heritage listed, but no impact on these items is expected as a result on the increased dispatch or changes to the haulage routes.


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A search of the Aboriginal Heritage Information Management System (AIHMS), was carried out, of a 20 km x 20 km grid around Galong Road. It found that there have been no Aboriginal places declared in or near the search area. It did find that six (6) Aboriginal sites were recorded in or near the search area, but only two (2) were mapped, being one near Hughstonia Road (10 km away) and one near Gooramma Road (700 metres from Galong Road). Two (2) of the other four sites are known (from past applications) to be in the northern part of the mine site.

Given the nature of the Galong Road, road reserve, and that the works are likely to only include widening and reconstruction (and not new road construction through virgin land), the likelihood of impacting on Aboriginal Heritage is minimal, but will still need to be considered as part of the future road works.

Other land resources

The modification will have no impact in terms of its effect on productive agricultural land, mineral or extractive resources, or water supply catchments. The extraction and processing limits in both the EPL and the current consent will remain the same, with only dispatch limits slated for change.

Water

The issue of the water supply needs of the development were assessed as part of the original application, and the modification does not alter this assessment. The on-site management and treatment of run-off and/or waste water was also considered as part of the original assessment, and the modification which proposes an increase in dispatch, under either scenario does not change the on-site operations.

Other issues relating to groundwater, watercourses and riparian land, have been assessed above (clauses 6.2/6.5 and 6.4 of the HLEP and BLEP), and determined that the modification would result in negligible impacts in this regard.

Soils

The on-site impacts of the original development in relation to this issue, were considered at the time of assessment, the modification will not result in any changes to that assessment, or conditions of consent as it relates to the mining operations.

The issue of salinity as it relates to the road upgrading works, have been discussed briefly above (clause 6.6 of the HLEP). When roadworks are carried out, appropriate sedimentation and erosion control measures will be implemented.

Air and microclimate

The current EPL contains a series of environmental “air pollution” thresholds that apply to the site, and relate to emissions from the lime kiln, coal mill exhaust and dust from the site. These thresholds will remain in force and unchanged.


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The modification will not affect air quality and microclimatic conditions in terms of existing air quality or pollution, as there will be no additional emissions of particulates, odours, gases or pollutants. The issue of dust and fumes has been discussed above in the roads assessment. Flora and fauna The modification itself will not result in the removal of any trees, although the use of the Galong Road is dependent on Council carrying out upgrading works, and this will result in the removal of some trees. Whilst not directly pertinent to this application, a preliminary assessment of this has been carried out above in relation to the mapped vegetation areas. In addition, it is possible that some vegetation along Galong Road that has not been mapped, may be impacted by the road works as well, but it is reasonably concluded that the impacts will be acceptable. However, this needs to be further considered as part of the Part 5 assessment for the roadworks. Waste It is considered that the application to amend the consent does not require reconsideration of this issue and the original assessment stands. Energy It is considered that the application to amend the consent does not require reconsideration of this issue and the original assessment stands. Noise Noise impact is subjective and for this reason the NSW Environment Protection Authority (EPA) has released a number of guidelines to deal with noise from a variety of sources based upon scientific testing, modelling and experience. For the purposes of this application the NSW Road Noise Policy, 2011 (RNP) has been utilised to determine noise limits. In terms of noise monitoring it is the number of times a noise source occurs in an hour, together with the time of day and level of noise that give rise to noise impact levels. Therefore a rate of 60dBA (LAeq[15hour]) is acceptable for noise at residences in this circumstance (day time criteria being 7:00 am to 9:00 pm). The Applicant commissioned a Traffic Noise Assessment to support the current application, and the results are summarised as follows: noise monitoring was conducted from 2nd March 2018 to 9th March 2018,

(concurrent to traffic counting on Ryan Street, Bobbara Road, Kalangan Road and Galong Road),


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four (4) noise monitoring locations were selected to be representative of the residential receivers considered to be potentially most affected by the operation, and included: - Location 1 – adjacent the property ‘Rosary’ on Galong Road, - Location 2 – adjacent to the entry of St Clement’s Retreat Centre, on

Kalangan Road, - Location 3 – adjacent dwelling on Bobbara Road (1 Orient Street) - Location 4 – adjacent dwellings on Ryan Street (100 metres south of Julian

Street), noise monitoring results were representative of a typical rural environment

with the influence of vehicle pass-bys due to the locality of each location to the road,

the results of the monitoring at the four (4) locations above, were then used to model noise at twenty (20) receptors along Galong Road (x 2), Kalangan Road (x 1), Bobbara Road (x 1), Railway Street (x 2) and Ryan Street (x 14), under both Scenario 1 and Scenario 2, as well as under a scenario where there was no mining related trucks,

Scenario 1, would result in two (2) properties along Ryan Street exceeding the RNP daytime assessment criteria (the same as those affected under the 320,000 tpa (MOD3) modification, being: - dwelling 175 metres north of McMahon Street, and - dwelling 200 metres north of McMahon Street,

Scenario 2, would result in no properties exceeding the RNP daytime assessment criteria,

acoustic mitigation is recommended for the two residences, affected, noting that one (1) had already accepted and has had mitigation measures installed, and that one (1) previously declined mitigation measures.

One (1) of the submissions received, expressed concern that noise mitigation measures were not carried out on the residence (Lot 1 Sec 2 DP 6249) in which he is living (but does not own), when identified as being affected by the 320,000 modification. Whilst not identified as being affected by the current modification, the Applicant has offered the following comments: Sibelco has previously committed to protecting the residential amenity of

local residents through the implementation of noise mitigation measures including acoustic insulation, double-glazing, higher performance windows, door and window seals, and reverse cycle air conditioning,

internal noise levels within affected residences are expected to be reduced by 10-20 dBA from mitigation treatments, far outweighing the impact generated by the proposed modification,

acoustic modelling results of Scenario 1 indicate that marginal exceedance of the relevant RNP noise level criteria is forecast to only two residential properties along the existing approved southern haulage route (noting Lot 1 Sec 2 DP 6249 is not one of these two affected properties),


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irrespective of the limited number of properties forecast to exceed the relevant RNP noise criteria, Sibelco has committed to re-offer localised noise mitigation treatments to all property owners who were offered localised property treatments as a result of the previous amendment application and approval (this includes the registered owner and the occupant of Lot 1 Sec 2 DP 6249),

consistent with this commitment, Sibelco obtained Owners Consent from the registered owner of Lot 1 Sec 2 DP 6249 on 16th May 2018 to undertake localised acoustic treatment works to the subject property,

Sibelco representatives attended and inspected the property on 17th May 2018, reviewing the previous recommendations of Global Acoustic Pty Ltd report and reaching agreement with the occupant as to the scope of localised property treatment works to be completed, which includes supply and installation of new aluminium framed double glazed windows to 3 x bedrooms & living room, supply and installation of new doors with acoustic door seals & new door hardware to the master bedroom, supply and installation of new solid core entry door with full acoustic door seals & new door hardware, and the supply and installation of 5 x new split system air conditioning units to occupiable rooms within the dwelling,

Sibelco made arrangements for a contractor to inspect the property on 31st May 2018 and has subsequently agreed to the scope of works with the resident and obtained a quote from the contractor to complete these works,

the resident endorsement of the scope of attenuation works to be completed was formally agreed on 27 July 2018,

a Contractor has been engaged, a Purchase Order issued, and initial works deposit paid,

the Contractor has scheduled the works at this property on to commence on 3rd October 2018, and completion of these works is anticipated within 3-4 weeks following commencement.

Further to the issue of noise, Council had cause to query with the Applicant as to why a lesser number of houses would be impacted, as part of this 430,000 tpa modification (Scenario 1), than was predicted to be impacted as part of the 320,000 tpa modification, given the increase in truck numbers and frequency. The advice from the noise consultant, is that: this is due to a different, but more accurate noise assessment methodology

used in the current modification, compared with the 320,000 modification. the current modelling is based on a 3D noise model incorporating the CORTN

road traffic noise prediction methodology, this methodology differs to that adopted within the previous amendment

(MOD3) application as it incorporates not only the measured volume of traffic on the local road network but it enabled the model to be validated against measured noise levels,

the model also incorporates greater detail of the surrounding area such as shielding from local buildings and ground topography.


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Further submissions received from residents along Galong Road, raised the issue of noise and sleep disruption, and linking their concerns to lack of hours of travel along Galong Road. Even if heavy vehicles travelled along Galong Road (noting that dispatch is not prior to 7:00 am), the noise consultant has stated that this is “not anticipated to exceed the night-time RNP 9hr criteria”, and “it is not envisaged that a small amount of trucks (approx. 4) travelling along Galong Road to access the site by 7am, will have an adverse impact on the residences along Galong Road”. Overall, Council considers that the proposed modification is of minimal environmental impact, as it relates to noise. Natural hazards It is considered that the application to amend the consent does not require reconsideration of this issue and the original assessment stands. Technological hazards It is considered that the application to amend the consent does not require reconsideration of this issue and the original assessment stands. Safety, security & crime prevention It is considered that the application to amend the consent does not require reconsideration of this issue and the original assessment stands. Social impact in the locality Social impact relates to, amongst other things, the cohesiveness of a community, the ability of residents to feel part of the community and to have access to opportunities for social interaction. It also relates to community facilities and the health and safety of residents. Whilst there is a proposed increase in heavy vehicles under both scenarios it is not considered that there will be significant social costs, and that the continued contributions, will in some part provide a social benefit in terms of the provision of facilities for the public. Economic impact in the locality Whist it is considered that the application to amend the consent does not require reconsideration of this issue and the original assessment stands, the Applicant did commission an Economic Assessment, that concluded that the modification would continue to provide significant benefits to the local community based on a number of economic factors and benefits.


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The existing economic benefits derived from the Galong mine include local employment , sourcing goods and services from local business, road levy contributions and the supply of Aglime product for farming customers in the regional area. The report assessed the economic implications to the local and regional economy of increasing the dispatch limit at the Sibelco Galong mine from 320,000 tonnes to 430,000 tonnes per annum, with key findings outlined below. In particular, the report states that the proposed increase of the dispatch limit will: generate an additional estimated $7.5 million value of product per year, increase the local supply of Aglime from 213,000 tonnes to 285,000 tonnes per

annum, to meet the increasing local demand for the product, which is an important input to the local region agricultural production that accounts for 31% of the local value of agricultural production in NSW1,

reduce cartage costs for local buyers and farmers by around 16% per year (or $264,000) by reducing the need of sourcing Aglime from the next closest source,

lead to an increase of 11.7 full time employment (FTE) jobs with an increase in wages of $1.7 million per year,

for direct employment, and a significant increase in indirect employment from approximately 170 indirect FTE jobs to approximately 230 indirect FTE jobs,

continue to contribute significantly to local businesses, particularly in Harden, Goulburn, Young, and in Galong, as a result of Sibelco sourcing such goods and services as earthworks, convenience retail items, hardware retail items, electrical services and maintenance services ( $2.5 million in 2016/17),

lead to an increase of $ 82,500 annual VPA contribution to Hilltops Council to fund the local road upgrade and public infrastructure.

1 The economic assessment also states that “while demand for Aglime from

the surrounding agricultural industry is strong, the re instatement of the kiln allowing for the production of the higher-valued Quicklime product, anticipated growth in the demand for Quicklime and the restrictions on dispatch from the quarry means Sibelco may favour the dispatch of the Quicklime over Aglime (and other lower value products). Balancing the dispatch of various products has already led to a reduction of the amount of Aglime that can be supplied to the local agricultural industry .

“In late-2017, Sibelco advised they were unable to meet demand for approximately 30,000 tonnes of Aglime from Sibelco Galong, as Sibelco had already reached their allocated annual dispatch limit for Aglime. The inability of Sibelco Galong to supply the local agricultural industry with Aglime is likely to occur again should demand for the higher valued Quicklime product continue and the existing dispatch limits remain in place.”


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Further to this, the Applicant has been quite emphatic in the current application, as to the importance of the increased dispatched as a priority, to supply Aglime locally. They have stated that “The timing of [the] proposed approval is critical for the upcoming Agricultural Lime (Aglime) season. Any deferment or delay in granting an increase to the dispatch limit will have implications upon Sibelco’s ability to supply local farmers and other businesses. Such impacts were experienced in 2017, and hence Sibelco wishes to avoid the situation occurring in 2018”. This assessment strongly recommends (as a deferred commencement condition), that no increase in dispatch be allowed until such time as the intersection of Burley Griffin Way and Limestone Way, has been upgraded, as per the current consent, and in addition to any other required works at this intersection, that maybe necessary as a part of this modification. Accordingly, Council should be conscious of the impact that this may have in regard to the local supply of Aglime, not so as to amend the recommendation, but to support it (as this is an important road safety issue), and understand any local impacts. Overall, economically, there are obvious benefits for both the Applicant, local businesses, the agricultural industry and the local community, as a result of the modification. However, the Applicant must first meet its current obligations, particularly as it enjoys the current advantages that it attracts. Site design and internal design There are no proposed changes to structures, site layout or other operations on site that require consideration as part of this proposal. Therefore, the original assessment as to site and internal design is considered to stand. The truck parking bay inside front gate that was committed to, in the previous application has been constructed and is operational. Construction Any construction impacts associated with the Galong Road upgrade works, will be assessed and regulated at that time. Cumulative impacts Any cumulative impacts associated with this development, relate primarily to the increase in heavy vehicle movements, and the change to the approved haulage routes.


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Under Scenario 1, there will be an increase in heavy vehicle movements through the Village of Galong, and the approved southern haulage route to Burley Griffin Way, until such time as Scenario 2 eventuates. However, cumulatively, these impacts will not result in any unexpected or different impacts, are predictable, and based on the relevant studies, have been determined to be acceptable.

Under Scenario 2, the impacts on the Village will be lessened, with some impacts shifting to the Galong Road. Again, none of the impacts identified, when considered cumulatively, will result in any different impact, to those already identified.

4.15(1)(c) - The suitability of the site for the development

Does the proposal fit in the locality ?

The modification does not change the original assessment of this issue, which found that the development did fit in the locality. The mine development, as it currently operates, was approved in 2003 and at that time, was assessed as being suitable for the locality. This is still considered valid.

There are no constraints posed by adjacent developments that would prohibit the modification, and whilst road upgrading works are required to facilitate the use of Galong Road under Scenario 2, this is not critical to Scenario 1 moving forward. What does limit Scenario 1, is the incomplete upgrade of Burley Griffin Way. Once all upgrading works under either scenario are competed, it is considered that the air quality and microclimate are appropriate for the modification, and there are no hazardous landuses or activities nearby, and ambient noise levels are suitable for the development.

Are the site attributes conducive to development ?

As this relates to the mine site, the modification does not change the original assessment of this issue, which found that the site attributes did not preclude the development from occurring.

In terms of the new haulage route, subject to upgrading works, there should be no impediments to the use of Galong Road (once upgraded) as a result of natural hazards or critical or endangered habitats.

4.15(1)(d) - Any submissions made

Council wrote to 116 people, and placed an advertisement in the Hilltops Phoenix, as part of the notification process. Fifteen (15) submissions were received, the majority of which objected to the proposed modification. These have been summarised in the following table, and have largely been addressed in the above report. The issues that have not already been addressed are, discussed as follows:


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Insufficient information has been supplied/application lacks detail It is considered that sufficient information has been supplied to assess the proposed modification with a reasonable level of certainty as to the predicted outcomes and impacts. Sibelco’s offer to contribute to Galong Road will influence the decision This modification has been assessed and is being considered in an open and transparent manner, and the offer by Sibelco to contribute to the Galong Road works has not influenced the assessment report, which is purely a legislative and technical discussions of the issues. The fact is, Galong Road needs to be upgraded to facilitate the additional heavy vehicle movements, and this will be a condition of consent. Furthermore, Council has already received funding to facilitate these works, with an anticipated construction commencement date of March 2019.

Submission Submission 1 – lodged on behalf of a family that owns five (5) properties along Galong Road Objects on the following grounds: the proposal does not constitute a modification, as:

- the proposal constitutes a significant change from the current consent - it may result in substantial environmental impacts (terrestrial biodiversity and

groundwater vulnerability), - there will be an increase in dispatch from 320,000 tonnes to 430,000 tonnes(34%), - a new haulage route is proposed along Galong Road, - there will be additional heavy vehicle movements long Galong Road (48 per day).

conflict of land use with existing agricultural and farming practices along Galong Road (movement of stock and farm machinery and equipment),

public safety for users of the school bus, the use of Galong Road for agricultural activities will cause delays for vehicles using the

road, and cause inefficiencies for Sibelco, impact on rural amenity as a result of an increase in heavy vehicle movements, road and

traffic noise, dust, pollution and safety risks to road users, non-compliance with zone objectives – to minimise conflict between land use within the

zone (specifically the agricultural land uses), insufficient information has been supplied.


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Submission 2 – from a resident of Ryan Street, Galong Objects on the following grounds: house is currently impacted by noise from heavy vehicles, Sibelco have failed to provide any mitigating measures, despite promising to, and saying it

was one of the worst affected dwellings, the occupants health is impacted as a result of this, and has had to seek medical

treatment. Submission 3 – from a resident of Galong Road Objects on the following grounds: family has lived and operated a farming business on Galong Road for over 30 years, it is quiet, agricultural road, used predominantly by those who live along it, regardless of the proposed upgrading works, there is still a safety issue with large trucks

travelling along the road, it is susceptible to heavy fog cover in winter, making it unsafe for higher volumes of traffic safety of stock movement along the road would be affected, safety of wildlife along the road would be affected, the local school bus travels the road, with a number of stops along the road, and would be

unsafe with large trucks traveling at 100 kmph, the proposed upgrade would affect the character and current agricultural use of the road,

and would create an unsafe environment for residents who use it, the alternate expansion of Eubindal Road towards Binalong would be better suited to the

demands of Sibelco. Submission 4 – from a resident of Kalangan Road Objects on the following grounds: regardless of the any upgrading works, Galong Road is not suitable for increased traffic,

particularly large trucks, because: - it is a quiet road, used significantly for the movement of stock and farm equipment, - it has many sharp bends and blind crests, - in colder months, significant fog cover to the road can hinder visibility, - native wildlife is found near the road, - the road is used as a school bus route, with a number of stops on the roadside, - we have seen Sibelco related heavy vehicles speed along the road, despite the 8

tonne limit, and force other vehicles to veer off the road, the alternate expansion of Eubindal Road linking back to Binalong should be considered. Submission 5 – from a solicitor on behalf of a family that owns five (5) properties along Galong Road The submission states that: they endorse the content of Submission 1 (above), their clients have concerns that the increased traffic, will significantly compromise the

safety and well being of all road users. Submission 6 – from a resident of Ryan Street The submission states that: the works to be carried out as part of the previous application have not been completed,

yet Sibelco want to proceed with a new application, a clear solution for the future would be the obvious way to go, i.e

- if Scenario 1 was the answer, then the original by-pass should be built, - Scenario 2 holds greater promise and is an obvious solution.

my concern is that if the modification is passed, Sibelco will do nothing, if approved, there should be a restriction that requires the uncompleted works to be

finished, and the Galong Road works to be done, before use.


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Submission 7 – from a resident of Kalangan Road/Galong Road The submission states that: there is no issue with the increased dispatch limit, with social and economic benefits to the

region, is concerned with the use of Galong Road, for the following reasons:

- such truck movements should be on Government-funded roads and not Council-funded roads,

- it is a huge increase in truck movements, - will impact on the movement of stock, - the potential to impact on children catching and alighting from school buses, and

other regular road users an alternate road (to be previously built by the owners of the Limestone Mine), would be a

better outcome, the heritage value of Galong Cemetery has been classified by the National Trust, and

questions if the National Trust has been informed, turning in and out of the Cemetery from Galong Road would be dangerous given the

number of trucks. Submission 8 – from a resident of Galong Road The submission states that: Scenario 2 would cause a phenomenal spike in heavy truck activity along Galong Road,

which is currently very sparse, there is regular daily school bus activity, there is multiple cross-road transportations of livestock, it is a small back road, uniformly narrow, with multiple curves, undulations and blind spots, this could only be addressed by significant road widening and realignment, huge trucks will inflict massive degradation on the pavement and accelerate shoulder

destruction, the anticipated additional contribution of $ 82,500 annually represents a serious budget

underfunding, application lacks details. Submission 9 – from a resident of Ryan Street The submission states: is a resident that has been in the direct line of fire for the last 9 years, regard truck noise,

traffic safety, environmental issues and personal safety, have lived through many meetings and promises from Sibelco of local road upgrades that

do not materialise, in future negotiations with Sibelco regarding upgrades to community infrastructure, that a

commencement and completion date be applied, community is still waiting for the 320,000 tonne upgrade works, and they now want 430,000

tonnes. Scenario 2 is an outcome that Galong community will share. Submission 10 – from a resident of Galong Road Objects to Sibelco sending heavy haulage down Galong Road, for the following reasons: it would be irresponsible for those making the decisions to give access to use the Galong

Road for heavy haulage, before it had been designed, costed, fully funded and constructed,

the road needs to be fit for purpose, should Galong Road be upgraded to the required standard, there is a safety issue that still

exists, for the following reasons: - it is a quiet local road, - is used extensively for moving stock and plant (600 head of cattle were recently on

Galong Road for 8 days), - own five (5) properties along the Road, and with a shearing shed on only one (1)

property, involves extensive stock movements, during the four (4) week shearing season


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(4 hours a day) - outside of shearing season road is use for stick movements (8 hours per week), - other farmers use it in the same manner, - use of the road by the school bus and children,

many would conclude the contribution of $ 1,000,000 by Sibelco, would influence decisions,

the obvious solution would be for Sibelco to resubmit the application to construct a road from Eubindal Road to Binalong via Bobbara Road - the submitter has offered to negotiate the sale of land enabling more than half the road to be constructed),

the maintenance of Galong Road would be a Council concern, residents have enjoyed the tranquillity of the location and a foreign-own company should

not be allowed to terminate that, there is no restriction on the hours the road can be used, those close to the road will have the added inconvenience of not being able to sleep. Submission 11 – Petition from residents or property owners on Galong Road (23 signatures) Objects to heavy haulage along Galong Road for the following reasons: the road hasn’t been planned, costed, fully funded or constructed, and can therefore not

be deemed to be fit for purpose, the road needs to be fit for purpose, it is a quiet local road, used extensively for stock and plant movement, heavy haulage would threaten this, the road is a bus route, with children catching and alighting the bus during heavy haulage

times, there are no time restrictions, which will disrupt sleep, the proposed contribution of $ 1,000,000 by Sibelco, will distort Council’s decisions, material should be hauled along major roads funded by the government, the mine should build their own road from Eubindal Road to Binalong via Bobbara Road. Submission 12 – from residents of Galong Road Objects to haulage along Galong Road on the following grounds: our residence is metres from Galong Road, increased heavy traffic will create a safety concern, the school bus stops a number of times along Galong Road, and some stops have limited

visibility, which has caused some dangerous situations when heavy vehicles use the road, and there will be an increased risk for children,

experience with existing mine traffic is less than ideal – they travel at high speeds, and cars have to pull off the road completely to avoid damage to vehicles,

there is a risk to all traffic and livestock using the road, why would the mine trucks travel a circuitous route to reach the Hume Highway – it is more

logical to go to Burley Griffin Way and then the Hume Highway, Sibelco’s offer to contribute to the upgrade, does not measure up the maintenance costs, the earlier idea of an alternate route to Binalong via the Eubindal Road should be

considered. Submission 13 – resident of Kalangan Road (who also leases land on Galong Road) Objects to the increased haulage along Galong Road, for the following reasons: the road is not constructed to standards of heavy haulage, and the application should not

be considered until the road is fit for purpose, we regularly use the road for stock movement and farming equipment, which move at low

speeds, and there could be serious safety issues if line of sight specifications are not met. Submission 14 – owner of large holding on Eubindal Road and Limestone Way The following local traffic management issues (which are ongoing and have not been addressed by the operators of the mine) should be addressed prior to any application approval: the intersection of Burley Griffin Way, truck parking bay at the approach to Galong,


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the railway bridge approach visibility, signage to the mine. Submission 15 – owner of land on Kalangan Road The submission states: it is a significant concern that the local roads did not allow for the safety of road users, meeting a large Aglime truck on Kalangan Road often means going off the road to pass, the Galong Railway Bridge, the junction of Kalangan and Galong Roads and the

crossroads at Burley Griffin Way are all dangerous, the mine is a profitable local business, providing employment and product locally to the

benefit of the area, support the increase in haulage, on the basis that the Burley Griffin Way intersection and

Galong Road is upgraded, if these works are not done by mid-2020, the haulage must revert back to 320,000 tonne, the increased tonnage and upgrade of Galong Road, will be of great benefit to the local

community, and will reduce traffic through Galong Village. 4.15(1)(e) - The public interest Staff are not aware of any policy statements from either Federal or State Government that are relevant to this proposal, nor any planning studies or strategies. There is no management plan that is applicable to a development of this nature. There are no covenants, easement or agreements that affect the proposal. In terms of planning guidelines, the South East and Tablelands Regional Plan 2036, which was released is 2017, is the State Government’s guide to land use planning priorities and decisions over the next 20 years. It is an overarching framework to guide more detailed land use plans, development proposals and infrastructure funding decisions. This is a broad plan, that covers numerous aspects such as transport, tourism, agriculture, economic growth, housing, energy, minerals, biodiversity, climate change, water resources, health, education, infrastructure, etc. Many of the identified goals and directions, are not pertinent to this application, although there are some relevant directions, at a broader scale. These include: Direction 8 – protect important agricultural land. Neither the mine or the

haulage routes are mapped as being biophysical strategic agricultural land. The modification is unlikely to impact in this regard, as discussed with respect to the zone objectives. Land use conflict has been discussed above and is considered manageable, and therefore the impact on nearby agricultural land minimal if at all.

Direction 13 – manage the on-going use of mineral resources. Whilst not specifically identified in the Plan, and the plan is about strategically protecting mineral and extractive resources, the modification is not contrary to these aims.

Direction 14 – protect important environmental assets. This section identifies the need to protect high environmental value lands, which in this instance are


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the four (4) maps areas on the biodiversity values map, which have been discussed above in relation to the BC Act.

Direction 15 – enhance biodiversity connections. This section identifies the need to protect and enhance biodiversity corridors, and whilst there is an identified corridor 4 km to the north, it is not impacted by this development.

Direction 28 – manage rural lifestyles. Amongst other things, this aims to ensure (largely through the strategic planning process), that landuse conflict is minimised. It is considered that this report demonstrates this at a local level.

4.16 Determination Section 4.16(3) of the EP& A Act states: “A development consent may be granted subject to a condition that the consent is not to operate until the applicant satisfies the consent authority, in accordance with the regulations, as to any matter specified in the condition. Nothing in this Act prevents a person from doing such things as may be necessary to comply with the condition”.

It is intended to impose a deferred consent condition that provides that the modification does not become operational until such time as the following condition is met:

i. The Burley Griffin Way and Limestone Way intersection is upgraded in accordance with Condition 111.

ii. Construction and implementation of dispatch routes proposed as part of option 2.

CONCLUSION

Council has assessed the modification application, the SEE, the supporting studies and the submissions in accordance with the relevant requirements of the EP&A Act, and any associated legislation. Council has carefully considered the likely impacts of the proposal on the natural and cultural environment, and on nearby residents. Council is satisfied that the proposed modification would have acceptable environmental impacts, and is satisfied that those impacts can be appropriately managed by existing, modified and additional conditions of consent. STATUTORY PROVISIONS

The modification has been assessed in accordance with the matters for consideration under section 4.15 of the Environmental Planning & Assessment Act 1979, all relevant environmental planning instruments and policies.

CONSULTATION

The application was referred to RMS in accordance with the requirements of the mining SEPP, as discussed above.


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POLICY IMPLICATIONS There are no policy implications arising from the approval of this development application. FINANCIAL IMPLICATIONS The upgrading of Galong Road, will result in a cost to Council, as will the ongoing maintenance of the road network in and around Galong. Some of these costs will be offset by the external funding and VPA contributions. RECOMMENDATION That Council grant deferred commencement consent to the following modification, subject to the deferred commencement consent conditions and the amended consent conditions below (proposed MOD 4 changes in red type and italics). Application No.: T2003-025 MOD 4

Property: Lot 102 DP 1083781 & Lot 139 DP 753593, 342 Eubindal

Road, Galong, NSW, 2585

Modification: To increase dispatch limits and modification to haulage routes (Scenario 2) as follows: 200,000 tonnes per annum dispatched via the

southern haulage route, 10,000 tonnes per annum dispatched via the northern

haulage route, and 220,000 tonnes per annum dispatched via a new

approved route (via Galong Road north to Cunningar Road).

Deferred commencement consent condition

A. Pursuant to Section 4.16(3) of the Environmental Planning & Assessment Act 1979, (“the Act”) this consent shall not commence until the applicant has satisfied the Council in accordance with the regulations made under the said Act that it has complied with the following condition, namely:

i. The Burley Griffin Way and Limestone Way intersection is upgraded in

accordance with Condition 111. Consolidated consent conditions (subject to the consent becoming operational)


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DEFERRED COMMENCEMENT ______________________________________________________________________________

Pursuant to Section 80(3) of the Environmental Planning & Assessment Act 1979, (“the Act”) this consent shall not commence until the applicant has satisfied the Council in accordance with the regulations made under the said Act that it has complied with the following condition, namely:

[As amended by T2003-025 MOD 4 on 24 October 2018] Deferred commencement conditions

Pursuant to sections 80A(1)(b) & 80A(5) of the Environmental Planning & Assessment Act 1979 the applicant shall in accordance with the Act and the regulations made thereunder, surrender to the Council all the following development consents:

A. DA T7/133 which was approved on 7 June 1993 in respect of the subject property for the redevelopment of the Galong Limestone Mine (“the development site”) and the plant to produce agricultural lime which consent was limited to expire on 7 June 2013 as modified by:-

1. Section 102 application approved on 19 January 1994; and 2. Section 102 application approved on 6 October 1994. B. DA T7/169 which was approved on 22 August 1995 in respect of the

subject property (for the installation and use of a wet scrubbing plant to improve dust control in the form of a barrel washer, vibrating screen and associated plant between the primary and secondary crushers, including a pump, cyclone and pipeline) as modified by section 102 application approved on 13 November 1994.

C. DA T99/041 which was approved on 20 September 1999 in respect of the

subject property (for the installation of a third grinding circuit and the addition of a five grade crushing and bagging circuit.

D. DA T00/066 which was approved on 21 February 2001 in respect of the

subject property as modified by section 96(2) application approved on 22 January 2003.

1. The consent hereunder granted shall not commence to operate until the applicant has complied with all the above deferred conditions of development consent and the applicant shall comply therewith within a period of (3) months from the date of this notice to the satisfaction of the Council.


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Advice: Please refer to regulation 97 of the Environmental Planning & Assessment Regulation 2000 for the formal contents of and requirements for a Notice of Surrender of a development consent.

[As amended by T03-025 MOD 1 on 21 November 2013] GENERAL CONDITIONS

2. Development being carried out in accordance with the plans and associated documentation set out in schedule [1] attached hereto, lodged by, or on behalf of, the applicant, including:

Environmental Impact Statement and Specialist Consultant Studies Compendium prepared by (RW Corkery & Co Pty Ltd) Dated (April 2003), and

Galong Mining Lease Extension Statement of Environmental Effects (prepared by Sibelco Australia, dated January 2014), and

[As amended by T03-025 MOD 2 on 17 April 2014] Galong Project 320 Statement of Environmental Effects (prepared by

Sibelco Australia, dated May 2015), [As amended by T03-025 MOD 3 on 15 July 2015]

Statement of Environmental Effects, entitled Galong Limestone Mine Section 4.55(1A) Modification (prepared by Ethos Urban, dated 23 May 2018), and the accompanying Traffic Impact Assessment (prepared by SECA Solution, dated July 2018), the Traffic Noise Impact Assessment (prepared by SLR, dated April 2018, and the Economic Assessment (prepared by Essential Economics, dated April 2018),

[As amended by T2003-025 MOD 4 on 24 October 2018]

except as same may be modified or varied by any condition in this consent.

3A. In the event of any inconsistency between the documentation referred

to in Condition 3, the most recent document shall prevail to the extent of the inconsistency.

[As amended by T2003-025 MOD 4 on 24 October 2018] 3B. In the event of any inconsistency between conditions of this approval and

documents referred to in Condition 3, the conditions of this approval shall prevail to the extent of the inconsistency.



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Consolidation of Infrastructure under One Consent

3. To incorporate all existing plant, equipment and infrastructure approved under the previous consents identified in the deferred commencement conditions above being conditions 1A, B, C and D.

Obligation to Minimise Harm to the Environment

4. The Applicant shall implement all practicable measures to prevent and/or minimise any harm to the environment that may result from the construction, operation, or decommissioning of the development.

Statutory Requirements

5. The Applicant shall ensure that all necessary licences, permits and approvals are obtained and kept up-to-date as required throughout the life of the development. No condition of this consent removes the obligation for the Applicant to obtain, renew or comply with such licences, permits or approvals.

Compliance

6. The Applicant shall ensure that all employees, contractors and sub-contractors are aware of, and comply with, the conditions of this consent. The Applicant shall be responsible for the environmental impacts resulting from the actions of all persons on the site, including any visitors.

Period of the Consent

7. The term of this consent is for the following periods:

Mining, processing and storage of limestone product a period of forty (40) years from the date upon which this consent commences to operate, subject always to the provisions of conditions 9 & 10;

Limestone and limestone product transport from the site for a period

of forty (40) years, from the date upon which this consent commences to operate, subject always to the provisions of the following conditions 11-16 inclusive:-

Land to which the consent applies

8. This consent is for the expansion of the length and width and depth extent of the existing Galong open-cut mine Limestone [Mining Lease 1496] located within lots 1 & 3 in DP 747544 Lot 102 DP 1083781 and Portion 139 in the Parish of Bobbara and Enclosed Crown Road Reserves off Eubindal Road, Galong,


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NSW in the Local Government Area of Harden Hilltops Council hereafter referred to as “the development site”, up to a maximum depth of 435m only AHD.

[As amended by T2003-025 MOD 4 on 24 October 2018] Permitted Limestone and Limestone Product Production Volumes

9. This consent enables the applicant to extract and process not more than 500,000 tonnes each year of limestone, over a forty [40] year extraction period and to ultimately mine not more than 20,000,000 tonnes of limestone

Limestone and Limestone Product Transport Volumes

10. To transport not more than 190,000 310,000 tonnes per annum of crushed and processed limestone product despatched dispatched from the development site via approved southern haulage routes 1 and 2 (as same are defined in condition 21 hereof) through the village of Galong until such time as Galong Road (north of Eubindal Road) is upgraded in accordance with Condition 16A. until such time as the first of the following events occurs:

(a) An alternate system for limestone transport is approved by the

Council and has been installed and commissioned; or (b) A maximum period of ten [10] years from the date of this consent

has elapsed, in the circumstances where an application for an alternate transport system has been lodged with the Council but not approved.

[As amended by T03-025 MOD 3 on 15 July 2015] [As amended by T2003-025 MOD 4 on 24 October 2018]

11A. Upon completion of the Galong Road upgrade, as per Condition 16A the

transport of not more than 200,000 tonnes per annum of crushed and processed limestone product dispatched from the development site via approved southern haulage routes 1 and 2 (as same are defined in condition 21 hereof) through the village of Galong.

[As amended by T2003-025 MOD 4 on 24 October 2018] 12 To transport not more than 100,000 tonne per annum of crushed and

processed limestone product despatched from the development site via approved southern haulage routes 1 and 2 (as same are defined in condition 21 hereof) through the village of Galong from the expiry of 120 months (ten years) from the date of consent, for the remaining period of the consent from 20 May 2016, for the remaining period of the consent for the remaining period of the consent.


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Reason: To reduce the impact of transport related amenity issues for the residents of Galong.

[As amended by T03-025 MOD 1 on 21 November 2013] [As amended by T03-025 MOD 3 on 15 July 2015]

13. To permit the remaining 10,000 tonnes per annum of crushed and

processed limestone product despatched dispatched from the development site to be transported via approved northern haulage routes 3,4 and 5 (as same are defined in condition 21 hereof) to Harden and Boorowa via Kalangan and Cunningar Roads for the remaining period of the consent.

[As amended by T2003-025 MOD 4 on 24 October 2018] 13A. Upon completion of the Galong Road upgrade as per Condition 16A to

permit 220,000 tonnes per annum of crushed and processed limestone product dispatched from the development site to be transported via approved northern haulage route 6 (as same are defined in condition 21 hereof) to Harden and Boorowa via Galong Road for the remaining period of the consent.

[As amended by T2003-025 MOD 4 on 24 October 2018] Alternate Transport System Application Requirements 14. The applicant is required to lodge a Development Application for an

“alternate transport system” for limestone and limestone product within a three [3] year period from the date upon which this development consent commences to operate.

15. Upon Council issuing consent for the alternate transport system referred to

in condition 14, the applicant will install, commission and operate all infrastructure required for the alternate transport system within such reasonable time period determined by the Council.

[As amended by T2003-025 MOD 4 on 24 October 2018] Penalty for Failure to Lodge Alternate Transport System Application

16. Should the applicant fail to lodge an “alternate transport system”

application within the three [3] year deadline (as referred to in condition 14 hereof), then the transport of crushed and processed limestone product from the development site via approved southern haulage routes 1 and 2 (as same are defined in condition 21 hereof) through the village of Galong will be reduced to a maximum of 100,000 tonnes per annum for the remaining period of the consent.

Use of Galong Road (north of Eubindal Road) as heavy haulage route


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16A. Prior to the use of Galong Road (north of Eubindal Road through to Cunningar Road) by heavy vehicles associated with Galong Limestone Mine, the road shall be upgraded to a standard suitable to cater for the largest vehicle that operates to and from the mine site, in accordance with Austroads and Guidelines Council’s Engineering Guidelines for Subdivision and Development. A twenty (20) year design life shall be used to determine the pavement thickness

NOTE: If the upgrading works are proposed to be carried out by

the Applicant, a development application will need to be lodged and approved by Council, and a construction certificate in force, before the works commence.

[As amended by T2003-025 MOD 4 on 24 October 2018] Commencement of occupation or use 17. Occupation or use of the development site for the purposes authorised

by this consent shall not commence until all conditions of this consent have been complied with, unless alternative arrangements have been made with Council or other relevant authority.

Hours of Operation 18. The hours of operation of the consent hereby granted shall be in

accordance with the existing approved hours of operation as specified in Section 1.5.7 of the Environmental Impact Statement, namely:

Mining - 24 hours/day, 7 days; Blasting - 9.00 am to 3.00 PM, Monday to Saturday (subject to suitable environmental conditions); Processing - 24 hours/day, 7 days; and Product Dispatch / Transport - 7.00 am to 7.00 PM Monday to Saturday and not otherwise.

Council Access 19. Council staff or authorised agents of Council may enter the development

site at all reasonable times without prior notice to inspect the works and rehabilitation and any other operational aspects as necessary in accordance with mine access procedures and Department of Mineral Resources requirements.


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Site Identification

20. The boundaries of the Proposed Limit of Mining and Proposed Main Overburden Emplacement and Mining Lease 1496 being identified by survey prior to any extractive material being processed under this consent. Such identification survey to include the placement of painted star posts of 1.0m minimum height above the ground at each major change of direction with additional posts evenly spaced along the boundaries. Posts are to be painted white and marked with permanent identification relative to the identification survey. A copy of the said survey is to be provided to Council within 10 days of the completion thereof.

Reason: To provide permanent identification of the approved

development area.

Approved Haulage Routes for Limestone Product used for calculation of Section 94 Contributions

21. The following list identifies the approved haulage routes for limestone

product transported from the mine development, over Regional and Shire Roads, referred to in the Environmental Impact Statement for the Galong Limestone Mine Expansion. Only those roads specifically identified as Approved Haulage Routes [1-5 6] may be used to transport Limestone product from the development site.







From the entrance gate of the development site on Eubindal Road to the Cunningar/ Burley Griffin Way intersection, via Eubindal Road, Galong Road, Kalangan Road and heading west from the Cunningar Road/ Burley Griffin Way intersection towards Harden.


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From the entrance gate of the development site on Eubindal Road to the Cunningar/ Burley Griffin Way intersection, via Eubindal Road, Galong Road, Kalangan Road and heading east from the Cunningar Road/ Burley Griffin Way intersection towards Binalong.

Haulage Route [5] Galong Limestone Mine to Boorowa via Kalangan Road and Cunningar Road



Haulage Route [6] Galong Limestone Mine to Boorowa via Eubindal Road and Galong Road

From the entrance gate of the development site on Eubindal Road to Boorowa via the upgraded Galong Road and Cunningar Road.

[As amended by T2003-025 MOD 4 on 24 October 2018] Heavy vehicle directional signage

21A. The mine operator shall install and/or upgrade directional signage at key intersections along the existing Southern Haulage Route (from Limestone Way to Eubindal Road) and the proposed new Northern Haulage Route (Eubindal Road to Cunningar Road), following consultation with, and approval by, Council. All signage shall meet the requirement of Australian Standard 1743-2001


Other Minerals 22. The applicant shall obtain the prior approval of Council for the

processing upon the development site of minerals other than those indicated in the EIS or dealt with under other consents, prior to such other materials being brought onto the development site.

Bushfire

23. For the purposes of protection of persons and plant in the event of isolation during a fire event, a separate mobile water pump apparatus shall be sited in an easily accessible but protected location to the satisfaction of Council within the work area of the Quarry.


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Heritage 24. The applicants shall protect the historic well which is located on the

western side of Limestone Creek within the Tree of Heaven thicket, approximately 200m north-north-east of the existing mine office in the following manner:

Erect and maintain a stock proof fence around the perimeter of the

well; Clean out rubbish from the interior of the well; Backfill the well with sand to protect and conserve the structure.

Native Vegetation Conservation Act 1997 Biodiversity Conservation Act 2016

25. The applicant is to ensure that there will be no native vegetation clearing

outside the exclusions (Mining Act 1992) and exemptions in the Native Vegetation Conservation Act 1997 Biodiversity Conservation Act 2016 and/or Local Land Services Act 2013, without consent from the Department of Infrastructure, Planning and Natural Resources appropriate authority.

[As amended by T2003-025 MOD 4 on 24 October 2018] Ground Water Monitoring

26. The applicant is required to undertake groundwater monitoring to the

satisfaction of the Department of Infrastructure, Planning and Natural Resources and other relevant agencies with statutory responsibility for this development. This may include the installation of additional piezometers downstream of the discharge point into Limestone Creek.

27. The applicant will be required to conduct quarterly monitoring of standing

water levels in all on-site piezometers. The results of this monitoring are to be included in the Annual Environmental Management Report (AEMR) as required by the Department of Mineral Resources NSW.

28. The applicant is required to licence all monitoring piezometers with the

Department of Infrastructure, Planning and Natural Resources Water NSW and other relevant agencies with statutory responsibility for this development.


29. The applicant is to ensure that stormwater which collects within the mine site is discharged to a series of detention ponds/dams for sediment removal, prior to discharge to Limestone Creek.


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30. Groundwater collected from within the mine shall be pumped to Limestone Creek independently from general stormwater collected in the detention dam/s. Note: There is to be no mixing of general stormwater and mine pit waters.

Rivers and Foreshores Improvement Act 1948 (Water Management Act 2000)

31. The applicant is required to provide the Department of Infrastructure,

Planning and Natural Resources Water NSW with the relevant information, and obtain the relevant approvals under the Rivers and Foreshores Improvement Act 1948, before commencement of works on, in or under 40 metres of the high bank of a drainage line or watercourse.

[As amended by T2003-025 MOD 4 on 24 October 2018] Crown Land

32. The applicant is to ensure that consultation is undertaken with NSW

Department of Lands Department of Industry – Crown Land in relation to the existence of Crown land within the development site, prior to the removal of native vegetation.


33. The applicant will secure alternate legal access to the mining lease to the

satisfaction of the Council should access through the existing Crown Land within the development site become unavailable for such access.

34. The applicants shall indemnify the Minister administering the Crown Lands

Acts and the Roads Acts in respect of any claims which may arise out of the operation use and or occupation of Crown Land within the Mining Lease.

Sediment and Erosion Control

35. The applicant is to prepare a detailed soil and water management plan

for the development site detailing the sediment and erosion control measures to be implemented on-site prior to disturbance, during construction and throughout restoration of disturbed areas. This soil and water management plan is to be designed to the standards outlined in the Department of Housing document “Urban Stormwater Management – Soils and Construction”, 1998 and submitted to Harden Shire Hilltops Council and the NSW Department of Mineral Resources for approval prior to the works proposed therein being implemented.


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Effluent Disposal

36. The applicant is to ensure all solid and liquid effluent waste is disposed of via either a NSW Environment Protection Authority (EPA) approved liquid waste disposal operator with disposal to an EPA approved liquid waste disposal facility; or alternatively, sanitary liquid effluent waste may be disposed of on site via an approved aerated septic treatment process upon application to the Council.

Noxious Weeds

37. The applicant shall prepare a plan of management for any noxious weeds

identified on the development site and implement appropriate management action.

Soil Management 38. Erosion on overburden areas for the mine expansion is to be minimised by

maintaining an adequate groundcover at all times on overburden areas and top/ sub soil stockpiles.

39. The soil stripping and stockpiling operation is to be handled so as to

minimise handling and mechanical damage to the soil structure as far as possible so as to facilitate rapid establishment of vegetation cover once rehabilitation works commence.

40. Care should also be taken to avoid stripping topsoils when they are too

moist, so as to avoid damage to soil structure.

41. A concerted effort should be made to minimise the mixing of soil materials with different fertility levels, textures and other critical soil properties so as to assist with rehabilitation.

42. The area of disturbance of stockpiles should be minimised at any one time

to reduce soil erosion and dust generation.

43. Progressive rehabilitation and vegetation of soil stockpiles will need to be undertaken to minimise dust generation.

Feral Animals 44. An ongoing pest program shall be undertaken on the development site

as part of the mine’s Environmental Management Plan (EMP) to remove foxes, rabbits and feral cats from the proposed mine site and environs and is to be carried out in conjunction with baiting programs,


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coordinated or required by the Rural Lands Protection Board Local Land Services and whenever directed to do so by the said board.

[As amended by T2003-025 MOD 4 on 24 October 2018] Aboriginal Cultural Heritage 45. No development is currently planned for the Limestone Creek area,

however if this proposal changes, a further archaeological study of this area will be required.

46. If development proceeds into the northern portion of the proposed

expansion area, the two Aboriginal sites as recorded in the Archaeological Survey by Mr Robert Paton dated June 2003, should be subject to further sub-surface archaeological investigation under Section 87 Preliminary Research Permit (National Parks and Wildlife Act 1974). A Section 90 Consent to Destroy may then be required prior to commencement of development at the sites.

47. The Onerwal Local Aboriginal Land Council [LALC] shall be invited to

monitor the removal of the top 50cm of the topsoil from the proposed mine expansion area.

48. The Onerwal LALC should continue to be consulted in regard to Aboriginal

site management of the development area. 49. If further Aboriginal objects are uncovered during the works associated

with the development, work should cease and the NSW National Parks and Wildlife Service [NPWS] contacted for advice.

50. It is an offence under the Act to disturb or destroy Aboriginal objects

without the permission of the Director-General NSW NPWS.

51. The proponent/operators of the mine shall ensure that all contractors and staff working at the development site are aware of their responsibilities under the National Parks and Wildlife Act 1974.

Flora and Fauna 52. Trees shall not be removed until absolutely necessary for each stage of the

mine expansion. In the meantime they shall be protected from compaction and other damage from vehicles, equipment and storage of materials by the construction of a fence that extends at least around the drip lines of the trees. As the mine will be operating for a period of 40 years, these trees shall be protected from compaction and disturbance at all times ensuring the term of this consent to allow them to maintain their ecological function until they are removed.


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53. The applicants shall immediately commence a native species replanting program in the areas that will not be disturbed by the mine expansion listed below, so that replacement trees will have 40 years of growth and understorey plants will be established by the time the mine operations cease.

54. Provisions being made for a minimum [100] metre wide fenced and

planted buffer zone along (Limestone Creek) and to the east of the mine entrance road, so as to avoid land and water degradation.

55. The developer shall plant and maintain revegetation on the eastern side of

the mine (and eastern side of the road into the mine so that it can act as a buffer from dust-borne wind impacting on the Box-Gum Woodland along Limestone Creek).

56. Native species planted should be the same as those in the Box-Gum

Woodland currently occurring on the site and known to occur elsewhere in the Harden Shire. [Refer to the document “Greening the Grainbelt” available through Greening Australia and the Harden Landcare Officer (Louise Hufton, 6386 3954 or fax 6386 2083) who should be consulted about the appropriate species to plant, and from where to obtain plants for rehabilitation work].

57. Native grasses or other approved species should also be used for

rehabilitation of disturbed areas. Fencing the areas that are planted may be necessary if stock normally have access.

58. When trees that are currently growing in the overburden emplacement

area are eventually removed, they shall be moved to an area where other trees will be retained, or where new trees are to be planted, or to the western side of the existing Box-Gum Woodland community.

59. Where necessary, trees should be removed in late summer or early autumn

to avoid impacting upon spring nesting birds and over-wintering bats, after a pre-start inspection by the proponent.

60. Stags (dead standing trees) should be left standing where no safety issues

dictate their removal. 61. Box-Gum Woodland shall be protected from further damage during the

mine expansion by fencing off the area, especially along its western side that is closest to the mine, for the duration of the mining activities.

62. Fertiliser shall not be used in or near areas where it could run on to the

Box-Gum Woodland along Limestone Creek or within 50m of any other native vegetation on the development site.


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63. General screen planting and the provision and maintenance of stock proof fences shall be provided to the perimeter of the proposed works in consultation with the land owner and the Harden Landcare Group utilising suitable native species as identified above.

Stock Crossing of Roads affected by Haulage Routes 64. The location of stock gates that permit stock to cross nominated

haulage routes, shall be relocated to allow for the minimum safe sight distance in each direction, to the satisfaction of Council’s Director of Technical Services. The applicant shall negotiate an agreement with the landowner to establish a procedure for notifying the mine manager prior to opening stock gates along any nominated haulage route. The mine manager will then be required to advise transport operators to abide by signage relating to the stock crossing.

Drivers Code of Conduct 65. The applicant shall ensure that all truck drivers and contractors

responsible for the movement of vehicles to and from the site shall comply with the following terms and conditions for the movement. The applicant is to ensure that all contractors and drivers receive a copy of the conditions and acknowledge in writing having received and understood same. Such written acknowledgments are to be retained by the applicant to be produced to Council for inspection when required. The applicant adopt and enforce the proposed draft Code of Conduct for Truck Drivers as detailed in schedule [2] attached hereto, with the following changes (as same are defined in conditions 66-69 69B hereof):

[As amended by T2003-025 MOD 4 on 24 October 2018] 66. Drivers shall reduce their speed to a maximum of 60km per hour in the

vicinity of the stock crossings on all approved haulage routes when warning signs are displayed or upon advice from the mine manager that stock are likely to be crossing the road/s.

67. Drivers shall not travel through the Village of Galong between the hours of

9.00pm to 7.00am Monday to Saturday and all day Sunday

68. Drivers shall ensure that vehicles are loaded within their legal load limits.

69. Drivers shall nominate which approved haulage route they will use for each trip and shall abide by their nominated haulage route for each trip.

69A. Sibelco shall instruct drivers as to the location of school bus bays along

Galong Road. [As amended by T2003-025 MOD 4 on 24 October 2018]


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69B. Drivers shall strictly reduce their speed to a maximum of 40 km per hour when passing a bus which has its lights flashing.


Traffic General

70. The applicants shall ensure that all trucks departing from the development site are loaded within legal limits applicable for each vehicle.

71. Vehicular entry to and exit from the site shall be in a forward direction.

72. Internal driveways shall be constructed from and maintained as dust-free, and of all-weather construction.

73. No vehicles associated with the transport of limestone product from the mine shall be parked within any adjoining streets or upon the public road system.

74. All truck movements to and from the development site are to travel over the haulage routes as defined in condition number [21] only and upon no other roads.

Noise Control

75. Use of the development site, services, equipment, ancillary fittings and product transport vehicles, shall not give rise to an “offensive noise” as defined under the provisions of the Protection of the Environment & Operations Act 1997.

76. As per EPA policy, background noise levels of < 30dB(A) are taken to be 30dB(A) for the purpose of setting criteria. In this case a background noise level of 30dB(A) applies in accordance with an agreement between the EPA and the applicant.

77. Noise from the premises must not exceed the sound pressure level (Noise) limits presented in the Table below. Note the limits represent the sound pressure level (noise) contribution, at the most affected noise sensitive location, as a result of Galong Quarry activities upon the development site.

Noise Limits (dB(A)) Day Evening Night Laeq (15 minute) = 35 Laeq (15 minute) = 35 Laeq (15 minute) = 35 Laeq (day) = Not Applicable

Laeq (evening) = Not Applicable

Laeq (night) = Not Applicable

LA1(1 minute) = 45 Note: For the purpose of the above table, Day is defined as the period from 7am to 6pm Monday to Saturday and

8am to 6pm Sundays and Public Holidays,


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Evening is defined as the period from 6pm to 10pm Night is defined as the period from 10pm to 7am Monday to Saturday

and 10pm to 8am Sundays and Public Holidays 78. Noise from the premises is to be measured at the most affected point on or

within the nearest residential boundary to determine compliance with the noise limits of this condition. The modification factors presented in section 4 of the NSW Industrial Noise Policy shall also be applied to the measured noise level where applicable.

79. Should the noise mitigation methods, detailed in the EIS for the proposal fail

to reduce road traffic noise to an acceptable level, the applicants will be required to investigate and implement additional noise mitigation measures in accordance with Appendix C2 of the guidelines “Environmental Criteria for Road Traffic Noise” (EPA, May 1999) or any other relevant policy in force at the time, to the satisfaction of Council and the Environmental Protection Authority (EPA).

79A The applicant shall monitor noise at the sensitive receivers as identified by

the SLR Consulting Australia Pty Ltd report dated 8 April 2015, and take mitigation measures where necessary, to ensure that the Road Noise Policy (2011) limits are not exceeded.

[As amended by T03-025 MOD 3 on 15 July 2015] 79B.The applicant shall undertake the noise attenuation measures to the four (4)

affected dwellings (as identified in the SLR Consulting Australia Pty Ltd report dated 8 April 2015) within 12 months of Modification 4 becoming operational, subject to the consent of the relevant land owners.

[As amended by T2003-025 MOD 4 on 24 October 2018] Dust Control 80. Activities occurring upon the development site must be carried out and

maintained in a manner that will minimise the generation, or emission from the premises, of wind-blown or traffic generated dust.

81. The applicant shall ensure that all product loads are covered prior to

leaving the development site and shall remain covered at all times when vehicles are loaded whether partially or totally.

82. The prevention of wind blown dust from product stockpiles shall be carried

out in accordance with the requirements of the Environmental Management Plan (EMP) and Mine Operations Plan (MOP) administered by the NSW Department of Mineral resources.


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83. The applicant shall undertake dust suppression measures adequate to ensure that truck movements do not create a dust nuisance to residents or the environment in the vicinity of any of the road haulage routes.

84. There must be no visible emissions of dust from the development site to the

surrounding environment for 95% of any day.

Note: Day is defined for this condition to be any continuous 24-Hour period.

Development site is defined for this condition to be the boundaries of the Mining Lease.

Developer Contributions and Section 94 Plan Requirements 85. The applicants shall contribute towards Capital and Maintenance

Upgrade Costs of public roads and associated infrastructure for those Approved Road Haulage Routes, identified in the Environmental Impact Statement – [Galong Limestone Mine Expansion, April 2003] and approved under Condition [21] of this consent in accordance with:

Section 94 of the EP & A Act 1979; and The Harden Shire Council - Section 94 Contributions Plan – [Road Works

as a Result of Unpredictable Development which Generates Additional Heavy Vehicle Traffic Movements [9th January 2003] “(or such other section 94 plan as from time to time may be adopted by Council and applicable in substitution therefor)”.

Copies of The Harden Shire Council - Section 94 Contributions Plan may be inspected and purchased upon request from Harden Shire Hilltops Council, Cnr East and Neill Street, Harden NSW, or by writing to:

Harden Shire Council PO Box 110 HARDEN NSW 2587 Hilltops Council Locked Bag 5 YOUNG NSW 2594


Section 94 Capital Upgrade

86. The Eubindal Road from the Entrance gate of the development site to the Galong Road intersection shall be completely upgraded at the applicants cost within three [3] years from the date of operation of the development consent as defined by Council’s correspondence to the applicants, dated 3/6/2003 and as detailed below:


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Eubindal Road - Unsealed Section Undertake minor vertical and horizontal alignment adjustments in

accordance with approved design (100km/h design speed) Remove trees as required Undertake drainage widening where required Increase pavement width to 10 meters Construct table drains and mitre drains in accordance with approved

Sediment Control Plan Place gravel overlay 0.2m deep by 10m wide Stabilise overlay 10m wide using additive determined by Californian

bearing ratio testing Apply 14mm aggregate bituminous seal 8 metres wide where required,

or, over shoulder widening Apply 7mm aggregate bituminous seal 8 metres wide (second coat)

where required, or, over shoulder widening Install roadside furniture and signage as required Install low level crossing using reinforced concrete bonded culverts to

replace existing causeway Eubindal Road - Sealed Section

Construct table drains and mitre drains in accordance with approved Sediment Control Plan

Stabilise existing pavement 10m wide using additive determined by Californian bearing ratio testing

Apply 14mm aggregate bituminous seal 8 metres wide where required, or, over shoulder widening

Apply 7mm aggregate bituminous seal 8 metres wide (second coat) where required, or, over shoulder widening

Install roadside furniture and signage as required The existing road pavement shall not be replaced unless it is in need of

major rebuilding as identified by appropriate Californian bearing ratio and subgrade testing. widening of the existing surface will be required to meet the width requirements of the road.

Note

Council’s Director of Technical Services to approve all road designs and work methods if upgrading work referred to in this condition or in any other condition is to be undertaken by the Applicant or any other contractor rather than the Council prior to such work commencing.

Section 94 Maintenance Contributions

87. In the interests of reasonableness and equity, the developer contributions as were payable under development consent T99/041 have been combined and reassessed along with this current proposal.


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Accordingly, the applicant shall pay to Council a contribution, under section 94 of the Environmental Planning and Assessment Act, 1979, and in accordance with Council's Section 94 Contributions Plan, at the rate shown in the table below, for all materials transported from the quarry for a period of three (3) years from the date of operation of the consent;

Roads from Quarry to MR 84 via Galong

Location Contribution ($ per tonne)

Eubindal Road $ 0.052

Galong-Boorowa Road $ 0.003

Kalangan Road $ 0.019

Boorowa Street [Ryan] $ 0.018

Bobbara Road $ 0.013

Crescent Street $ 0.012

Galong Road $ 0.186

Roads from Quarry to Boorowa Shire Boundary

Location Contribution

($ per tonne) Eubindal Road $ 0. 042 Galong-Boorowa Road $ 0.003 Kalangan Road $ 0.153 MR 380 [Cunningar Road] $ 0.978

88. A maintenance contribution shall be paid for all product transported over

approved haulage routes in accordance with the formula in Section 7.4 of the Harden Shire Council - Section 94 Contributions Plan – [Road Works as a Result of Unpredictable Development which Generates Additional Heavy Vehicle Traffic Movements [9th January 2003] (or such other section 94 plan as from time to time shall be adopted by Council and applicable in substitution therefor) for the remaining period of the consent, after the first two (2) years and nine (9) months of operation under this approval.

89. The contribution rates (as same are defined in conditions 86& 87 hereof), shall be calculated and paid quarterly from the date on which the development consent becomes effective. These quarterly payments shall be made within one month of the end of each quarter in each financial year.

[As amended by T03-025 MOD 3 on 15 July 2015]


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87A. The applicant shall enter into a Voluntary Planning Agreement (VPA) with Harden Shire Hilltops Council pursuant to Section 93F of the Environmental Planning and Assessment Act, 1979 as outlined in Section 4.4.10 of the Staement of Environmental Effects, Galong Project 320, dated May 2015. The (VPA) shall include, but not be limited to, the payment of maintenance contributions commensurate with those imposed by unmodified T03-025 consent issued 17 December, 2013 2003 as indexed in accordance with Produce Price Index. The VPA shall be agreed to, signed and adopted prior to the commencement of increased dispatchment.

[As amended by T03-025 MOD 3 on 15 July 2015] [As amended by T2003-025 MOD 4 on 24 October 2018]

87B. Prior to the commencement of increased dispatch under Modification 3

(from 320,000 tpa to 430,00 tpa) the VPA referred to in Condition 87A, shall be amended, generally in accordance with the following requirements: to reference the modified consent (T2003-025 MOD4), to reference the new tonnage rates (430,000 tpa), to identify the maintenance of Galong Road in the schedule of works on

which the contributions would be spent (under Scenario 2 only and not Scenario 1),

to identify any additional road maintenance or intersection upgrades required in the Village,

to undertake housing keeping matters. [As amended by T2003-025 MOD 4 on 24 October 2018]

90. Evidence of the tonnage of all material leaving the quarry, the

nominated haulage route and destination, are to accompany the section 94 VPA payment, so that the contribution can be verified.

[As amended by T03-025 MOD 3 on 15 July 2015]

91. Documentation is to be submitted at the end of each financial year, in the form of a statutory declaration from the Company Auditor detailing the tonnage of all material despatched from the quarry during the year, the nominated haulage routes and destinations.

Protection of the Environment 92. The development is to be operated in accordance with the provisions of

the Protection of the Environment and Operations Act 1997 as it applies to issues of air quality, noise generation, water and waste-water quality.


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93. A meeting shall be arranged by the applicant every six [6] months with representatives of Harden Shire Council, Environment Protection Authority, Department of Land and Water Conservation, and Department of Mineral Resources Hilltops Council, Environment Protection Authority, Department of Planning and Environmental (Mineral Resources), Water NSW and other representatives as selected by the Council and the applicant, to monitor the development and assist in resolving any problems that may arise from time to time.

[As amended by T2003-025 MOD 4 on 24 October 2018] Vehicle Maintenance 94. All vehicles operating on the project site [Mining Extraction, Staff Areas,

Product Storage/Loading and Site Access/Haul Road] shall meet the requirements set under the Protection of the Environment Operations (Clean Air) Regulation 2002 for emissions as though they were roadworthy and registrable. All vehicles shall be maintained throughout the life of this development consent to ensure that these standards are met.

Notification of possible pollution 95. Prior notification is to be given to Council and the EPA in the event that

any use of the development site is contemplated which has the potential to directly or indirectly endanger the environment through pollution.

Cladding 96. Cladding material of the proposed development shall have low reflective

index characteristics and the colour shall not be prominent against the background. As far as practicable, finishes should comprise earthy or subdued tones. Unpainted zincalume, white, off-white and light grey are not acceptable.

Premises Safety 97. The development site and all operations thereon shall be operated in

accordance with the requirements of the NSW WorkCover Authority and the Department of Mineral Resources.

Storage areas 98. An adequate waste receptacle area is to be provided on-site to store all

waste pending disposal. Such area shall be screened, regularly cleaned and accessible to collection vehicles in the interests of amenity, safety and public convenience.


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Footpath 99. In accordance with the applicants advice dated 16 September 2003, a

pedestrian footpath shall be constructed along the western side of Ryan Street, from residence [1] to McMahons Road Galong (Refer Figure 4.13 of the EIS), at the full cost to the applicants. Design and construction of the path shall be in accordance with Council’s adopted Engineering guidelines.

Complaints Procedure 100. Prior to the commencement of construction for the development, the

Applicant shall ensure that the following are available for community complaints for the life of the development (including construction and operation): a) a telephone number on which complaints about operations on the site

may be registered; b) a postal address to which written complaints may be sent; and c) an Email address to which electronic complaints may be transmitted,

should the Applicant have Email capabilities.

The Applicant shall ensure that the required details are publicly available including, but not limited to, displaying the information on a sign near the entrance to the site, in a position that is clearly visible to the public. These details shall also be provided on the Applicant's Internet site, should one exist.

101. The Applicant shall record details of all complaints received (as same are defined in condition 100 hereof) through the means listed under this consent in an up-to-date Complaints Register. The Register shall record, but not necessarily be limited to: a) the date and time, where relevant, of the complaint; b) the means by which the complaint was made (telephone, mail or

Email); c) any personal details of the complainant that were provided, or if no

details were provided, a note to that effect; d) the nature of the complaint; e) any action(s) taken by the Applicant in relation to the complaint,

including any follow-up contact with the complainant; and f) if no action was taken by the Applicant in relation to the complaint,

the reason(s) why no action was taken.

The Complaints Register shall be made available for inspection by the EPA or the Council upon request.


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Community Liaison Committee 102. The applicant shall form and maintain a liaison Committee to address

community concerns over the operation and management of the mine. The Committee shall comprise at least:

1 person from the Council 1 person from the St Lawrence Retirement Home in Galong 2 other community representatives from Galong 1 community representatives from the Binalong Community in the

Yass Shire 1 person representing the Mine

This committee shall meet a minimum of once in every three (3) months, for the first year of this consent and at least once in every six (6) month period for the remainder of the consent. The applicant shall provide a review as to the effectiveness of the committee as directed from time to time by the members of the committee.

BCA compliance 103. All buildings are to comply with the relevant requirements of the Building

Code of Australia and relevant Australian Standards. Exit doors 104. The exit doors must be able to be opened without a key from the side that

faces a person seeking egress, by a single hand downward action or pushing action on a single device which is located between 900mm and 1.2m from the floor.

Fire extinguishers 105. Fire extinguishers suitable for A, B and E class fires are to be installed within

the buildings in accordance with Section “E” of the Building Code of Australia (BCA).

Essential services 106. The following services and equipment are essential services required by the

BCA to ensure the safety or persons in the building in the event of an outbreak of fire in the building.

Portable Fire Extinguishers; Water cart and pump


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Fire safety certificate 107. On completion of the erection of the buildings, the Applicant is required to

provide Council with a Fire Safety Certificate certifying that all essential services installed in the building have been inspected and tested by a competent person and found to have been designed and installed to be capable of operating to the minimum standard required by the BCA.

Fire safety statement 108. The Applicant must provide Council with a Fire Safety Statement at least

once in each twelve month period, certifying that the essential services installed in buildings on the development site have been inspected and tested by a competent person and at the time of that inspection, were capable of operating at the minimum standard required by the development consent. This certificate is to be kept in the building to which it relates.

Applicant to comply with other authorities

109. The Applicant shall comply at all times with the requirements and

conditions imposed by the Department of Mineral Resources NSW (DMR), the NSW Environmental Protection Authority (EPA), the NSW National Parks and Wildlife Service (NPWS), NSW Roads and Traffic Authority (RTA), NSW Agriculture, the Department of Sustainable Natural Resources (DSNR), the NSW Department of Lands, the Onerwal Local Aboriginal Land Council, and the Southern Aboriginal Heritage Unit (NPWS).

Human Rights and Equal Opportunities Commission Complaint 110. The applicant shall indemnify the Council and do all such things as may be

required to be done so as to comply with the findings, directions or any other award or order made by the court, tribunal or other authority having the legal capability to issue any such directions, awards or orders.

NSW ROADS AND MARITIME CONDITIONS 111. The intersection of the Burley Griffin Way (MR84) and Galong Road shall be

constructed to comply with the following;

a) As a minimum the intersection is to be constructed as a four (4) way intersection providing an Auxillary Right Turn (AUR) and Auxillary Left Turn (AUL) intersection treatment within the Burley Griffin Way. The design and construction of the intersection treatment shall be in accordance with the Austroads Guide to Road Design as amended by the Roads and Maritime


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Services supplements for the prevailing speed limit and be designed for heavy articulated vehicles to 26 metres in length. The pavement standards are to be in accordance with the requirements of Roads and Maritime Services for the proposed turning traffic.

b) Acceleration lanes are to be provided on the Burley Griffin Way for the turn

movements from Galong Road. The acceleration lanes are to be designed and constructed to provide sufficient length for the loaded haulage vehicles to merge into the through travel lane on the Burley Griffin Way in accordance with the requirements of the Austroads Guide to Road Design as amended by the Roads and Maritime Services supplements for the prevailing speed limit to avoid unnecessary conflict at the merge area.

c) The intersection of the Burley Griffin Way (MR84) and Galong Road is to be

designed and constructed to provide the required Safe Intersection Sight Distance (SISD) in either direction in accordance with the Austroads Guide to Road Design as amended by the Roads and Maritime Services supplements for the prevailing speed limit

An audit of the existing treatment as constructed at the intersection of the Burley Griffin Way (MR80) and Galong Road is to be undertaken by an appropriately qualified person to assess the compliance of the existing intersection as constructed with the intersection treatment as required and the integrity of the existing pavement to cater to the expected turning traffic volumes and the through traffic along the Burley Griffin Way. Should the existing intersection not comply with these requirements the intersection and pavement treatment is to be designed and constructed as to comply with the adopted standards.

112. For road safety reasons a Traffic Management Plan for fog conditions shall

be prepared to the satisfaction of the Council and Roads and Maritime Services. This plan may include implications for traffic movements to and from the development and the placement of physical measures along the Burley Griffin Way (MR80). The approved plan shall be implemented for the lifetime of the proposed development on the subject site.

113. The Proponent shall prepare and implement a Road Transport Protocol, in

consultation with Council and Roads and Maritime Services to outline measures to manage traffic related issues associated with the operation of the mine facility and the haulage of material. This protocol shall detail the potential impacts, the measures to be implemented, and the procedures to monitor and ensure compliance. It shall address, but not necessarily limited to; a) a Traffic Management Plan for haulage of dispatched material, which

includes:


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procedures to ensure that drivers adhere to the designated haulage routes,

measures to maximise the use of a low frequency (regular) trucking schedule rather than an intermittently-high frequency (campaign) trucking schedule,

measures to address restrictions on haulage during periods of low visibility along the haulage route, eg heavy rain periods or fog etc,

measures to ensure that all loaded vehicles entering or leaving the site are covered, and are cleaned of materials that may fall onto public roads,

details of procedures for receiving and addressing complaints from the community concerning traffic issues associated with truck movements to and from the mine,

measures to be employed to limit disruption to other motorists, emergency vehicles and school bus timetables, and minimise potential conflict with haulage vehicles,

measures to ensure that the provisions of the Traffic Management Plan are implemented, eg driver training in the heavy vehicle drivers’ Code of Conduct, and

procedures for ensuring compliance with and enforcement of the heavy vehicle drivers’ Code of Conduct.

b) a heavy vehicle drivers Code of Conduct that addresses: travelling speeds; staggering of truck departures to ensure a regular trucking schedule

to minimise convoys or platoons; instruction to drivers to be safety conscious and to obey all traffic

regulations; and appropriate penalties for infringements of the Code.

114. Prior to works commencing within the road reserve of a public road

approval is required under Section 138 of the Roads Act, 1993 from the road authority (Council) however for works within the road reserve of the Burley Griffin Way (MR80) concurrence from Roads and Maritime Services is required prior to the issue of that approval. The developer is responsible for all public utility adjustment/relocation works, necessitated by the proposed works and as required by the various public utility authorities and/or their agents.

115. Any works associated with the proposed development shall be at no cost

to Roads and Maritime Services. Should the audit ascertain that works are required to be undertaken then the following additional requirements will apply:


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The Burley Griffin Way (MR80) is part of the State Road network. For works on the State Road network the developer is required to enter into a Works Authorisation Deed (WAD) with Roads and Maritime Services before finalising the design or undertaking any construction work within or connecting to the road reserve. The applicant is to contact the Land Use Manager for the South West Region on Ph. 02 6938 1111 for further detail. The developer will be required to submit detailed design plans and all relevant additional information including cost estimates and pavement design details for the works, as may be required in the Works Authorisation Deed documentation, for each specific change to the state road network for assessment and approval by Roads and Maritime Services. However, the developer is encouraged to submit concept plans of the layout of the proposed works for checking by Roads and Maritime Services prior to undertaking the detailed design phase.

[As amended by T03-025 MOD 3 on 15 July 2015] 116. The intersection of Galong Road with Cunningar Road shall be constructed,

and the roadside maintained so as to provide the required sight distance criteria for an intersection for a reaction time of 2.5 seconds in either direction in accordance with the Austroads Publications as amended by the Roads and Maritime Services supplements for the posted speed limit. Compliance with this requirement is to be certified by an appropriately qualified person prior to construction of the vehicular access.

117. As a minimum the intersection of Galong Road with Cunningar Road shall

be constructed to the standard of a public road intersection with a Basix Right Turn (BAR) and Basic Left Turn (BAL) intersection treatment in accordance with the Austroads Guide to Road Design as amended by the supplements adopted by Roads and Maritime Services for the posted speed zone.

118. The intersection of Galong Road with Cunningar Road shall be designed

and constructed so that any vehicles turning through the intersection are not required to cross to the opposing travel lanes in order to perform the turn manoeuvre to/from Galong Road. Associated directional marking and signage is to be installed and maintained in accordance with Australian Standards for a public road intersection.



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18/238 – BURRANGONG CREEK- INCLUSIVE PLAYGROUND AND AMENITIES

Reference: File No. F91.01.03 Responsible Officer: Acting Director Infrastructure Services

PURPOSE

The purpose of this report is to provide an analysis and recommendation of the location option for the ‘Variety Livvis’s Place’ Inclusive Playground as part of the Burrangong Creek revitalisation project. The report also covers recommendations regarding the SCCF funding for the Arts and Culture toilet facility upgrade.

REPORT

As part of the Stronger Communities Fund (SCF), Burrangong Creek was allocated $1,500,000 to undertake a range of revitalisation and connectivity projects. In the ordinary Council meeting held on 23 May 2018, Council sought to endorse the Burrangong Creek Preliminary Project Plan pending a 28-day exhibition period. No submissions were received and subsequently the plan was endorsed which allocated funding to the following categories:

• Connectivity - $596,000 • Environmental - $190,000 • Recreational - $474,000 • Cultural - $150,000 • Internal Council Project Management - $90,000

As part of the Recreational funding bucket, the following works were proposed: • Tresillian Park Upgrade ($145,000) • Inclusive All Ages Playground (Playground) ($275,000) • Fitness Equipment ($54,000)

In addition to the Burrangong Creek Beautification project, $150,000 was allocated in the Stronger Country Communities Fund (SCCF) to undertake a toilet upgrade within the Young Arts and Culture Precinct along Burrangong Creek.

Hilltops Council has recently signed an MOU to work with Variety and the Touched by Olivia Foundation to collaboratively work together to establish an inclusive play space. This Playground will be known as the Variety Livvi’s Place. The location for the Playground is yet to be determined with 3 green spaces being considered:

• Tresillian Park • Arboretum Park • Apex Park

The analysis of the above 3 locations can be found at Attachment 1- Location Analysis_Inclusive Playground v1.0.


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Tresillian Park was assessed as being the preferred location for the Playground and a recommendation is listed below in this report indicating it should be selected as the location for the Playground in line with the findings in the Location Analysis.

A summary of the results for the options assessment is outlined below. Tresillian Park Arboretum Park APEX Park Ease of Access Good - Very Good Good Very Poor Access to Amenities Poor – Good Poor Poor – Good Passive Surveillance Very Good Poor Poor Opportunities Very Good Good Poor

This location was noted as having the best access and passive surveillance and contains an existing playground. This location also seeks to compliment and further activate the existing ‘Recreation Corridor’ along Marina St/Lachlan St in Young being the Skate Park, Young Aquatic Centre, Young Bowling Club, Young Tennis Club and then progressing onto the sporting fields and PCYC. This finding was also supported by Variety and the Touched by Olivia Foundation.

It is also recommended that Council progress to detailed design for the Variety Livvis’s Place. Noting the specialist nature of the works, and the existing relationship with Variety and the Touched by Olivia Foundation, it may be beneficial to engage them single select to undertake this design, procurement and project delivery work.

The ability to engage Variety in partnership with the Touched by Olivia Foundation would be through the use of Section 55 of the NSW Local Government Act 1993. The Act states the circumstances under which Councils must tender for works, with Section 55 Clause 3(i) providing:

“This section does not apply to the following contracts: (i) a contract where, because of extenuating circumstances, remoteness

of locality or the unavailability of competitive or reliable tenderers, a council decides by resolution (which states the reasons for the decision) that a satisfactory result would not be achieved by inviting tenders.”

An Inclusive All Ages Playground is considered a specialist design field, of which Variety and the Touched by Olivia Foundation has significant experience. Variety and the Touched by Olivia Foundation also has significant buying power being a national organisation who delivers projects such as these on a regular basis presenting significant Value for Money to the Council.

For these reasons we believe that there would not be other tenderers of a competitive nature and recommend Council consider using Variety in partnership with the Touched by Olivia Foundation to design, support the procurement of and delivery of the Playground. This recommendation would be contingent on reaching an acceptable position with regards to funding and contractual terms.


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NSW Local Government Act 1993


The report and recommendations provided relate to the grant funding Council has received through both the Stronger Communities Fund and the Stronger Country Communities Fund. Section 5 of Attachment A- Location Analysis_Inclusive Playground v1.0 outlines the financial implications and advantages of the recommendations provided.

ATTACHMENTS

Attachment 1 - Location Anlaysis_Inclusive Playground_FINAL

RECOMMENDATION

It is recommended that;

1. Tresillian Park be selected as the preferred location for the Playground in line with the findings in the Location Analysis;

2. The funding allocated to the Tresillian Park upgrade ($145,000) be combined with the funding allocated to the Playground ($275,000) to provide a single larger play facility compared to two smaller facilities;

3. The funding tagged for the amenities upgrade through SCCF ($150,000) be used to provide a compliant toilet facility at Tresillian Park and also fund a re-fit of the toilets on the corner of Marina and Main Street (Captain Cook Weir) and procurement commence for the materials required for this work to be undertaken; and

4. In accordance with s55(3)(i) of the NSW Local Government Act 1993, not invite tenders for a proposed project delivery contract for the Inclusive Playground;

a. noting the reason for not calling tenders is on the grounds that Council is satisfied that inviting tenders would not achieve a satisfactory result as there would not be other tenderers of a competitive nature due to the capacity, experience and connections Variety and Touched by Olivia have in delivering Inclusive Playgrounds and;

b. The Council delegate authority to the General Manager or their delegate to negotiate a Contract with Variety and the Touched by Olivia Foundation for the design, procurement and delivery of the Inclusive Playground not exceeding the funding amount that is allocated to the project.

Location Analysis for Variety Livvi’s Place, Inclusive Playground

October 2018

TABLE OF CONTENTS

1. BACKGROUND 3

2. PROPOSED LOCATIONS 4

3. LOCATION ASSESSMENT 8

4. COMMUNITY CONSULTATION 11

5. FINANCIAL IMPLICATIONS 12

6. NEXT STEPS AND RECOMMENDATIONS 13

Variety Livvi’s Place – Location Analysis

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1. Background As part of the Stronger Communities Fund (SCF), Burrangong Creek was allocated $1,500,000 to undertake a range of revitalisation and connectivity projects. In the ordinary Council meeting held on 23 May 2018, Council sought to endorse the Burrangong Creek Preliminary Project Plan pending a 28 day exhibition period. No submissions were received and subsequently the plan was endorsed which allocated funding to the following categories:

Connectivity - $596,000 Environmental - $190,000 Recreational - $474,000 Cultural - $150,000 Internal Council Project Management - $90,000

As part of the Recreational funding bucket, the following works were proposed:

Tresillian Park Upgrade ($145,000) Inclusive All Ages Playground (Playground) ($275,000) Fitness Equipment ($54,000)

In addition to the Burrangong Creek Beautification project, $150,000 was allocated in the Stronger Country Communities Fund (SCCF) to undertake a toilet upgrade within the Young Arts and Culture Precinct along Burrangong Creek.

Hilltops Council has recently signed an MOU to work with Variety and the Touched by Olivia Foundation to collaboratively work together to establish an inclusive play space. This Playground will be known as the Variety Livvi’s Place. The location for the Playground is yet to be determined with 3 green spaces being considered:

Tresillian Park Arboretum Park Apex Park

The Department of Planning and Housing has recently released the Everyone Can Play Guidelines which outlines the principles of inclusive playspaces and provides a set of best practice recommendations. These Guidelines outline 3 key principles for any playground, these are:

Can I get there Can I stay Can I play

1.1 Purpose of this Report

This report has been created to help inform a decision by Council on the location of the Playground. It captures the proposed locations associated with delivering the Playground. It also provides analysis and recommendations relating to the SCCF funding allocated to a toilet upgrade along Burrangong Creek.


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2. Proposed Locations The three proposed locations all run along Burrangong Creek. The three locations are:

Tresillian Park Arboretum Park APEX Park

The three locations are connected by existing footpaths, with improved connectivity further west and east of the existing pathway network to be included within the broader Burrangong Creek project. The location of the three sites, relative to each other, is included below.

Source: Google Maps

Figure 1 Sites Considered

A short summary of each location is included below.

2.1 Tresillian Park

Tresillian Park is located on Marina Street, it is a roughly triangular shape and shares a boundary with the Young Aquatic Centre. The other two sides are bordered by Marina Street and Burrangong Creek. The front of the Park is generally flat, however the back of the space slopes quite steeply down to the creek. The site has a general fall to the South West. Tresillian Park already includes a small playground, with some funding allocated to upgrade this playground within the Burrangong Creek Project. There is little to no shade currently on the site, with one large tree in the South West corner providing the only cover. The site is serviced by a toilet block located beneath the large tree. The toilet block was noted as being in poor condition and unlikely to meet the National Construction Code (NCC) requirements particularly disabled access.

Access and parking at Tresillian Park is generally from Marina Street, through the use of the carparks shared with the Aquatic Centre.

Tresillian Park

Arboretum Park

APEX Park


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Figure 2 Tresillian Park Drone Capture

2.2 Arboretum Park

Arboretum Park is also triangular and situated within a bend of Burrangong Creek which borders it on two sides. The third site borders the Marie McCormack Centre and Main Street. The Arboretum Park site is relatively flat and is has on multiple occasions been inundated when Burrangong Creek experiences higher than average levels. The site has a number of mature trees, mostly native Gum trees. These trees have been noted to carry a higher risk of dropping limbs of substantial size. The site is the approximate mid-way point between two public toilet blocks, one located on the corner of Main Street and Marina Street- located opposite the Captain Cook Weir and the other located adjacent to the Lambing Flat Museum. There are no toilet facilities at Arboretum Park. Both toilet blocks are noted as being in general poor condition and unlikely to meet the National Construction Code (NCC) requirements particularly disabled access.

Access and parking for Arboretum Park is generally from Main Street, through the parking in front of the Marie McCormack Centre.


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Figure 3 Arboretum Park Drone Capture

2.3 APEX Park

APEX Park is generally triangular, bound by Burrangong Creek and Campbell Street / the Olympic Highway. The third side backs onto the Lambing Flat Museum. APEX Park is generally flat in nature, appearing to slope slightly to the East towards Burrangong Creek. The site is sparsely covered with shade provided through mature/semi mature trees located around the site. The toilet facilities located near the eastern wing of the old school house building near the Café are noted as being in general poor condition and unlikely to meet the National Construction Code (NCC) requirements particularly disabled access.

Access and parking for APEX Park is generally along the Olympic Highway. Pedestrians accessing the park from the pedestrian footbridge on the western side of Campbell Street bridge would need to walk up to the pedestrian crossing in front of the museum to safely cross the Olympic Highway.


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Figure 4 APEX Park drone capture


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3. Location Assessment Each location was assessed against three key criteria, these are:

1. Ease of access and proximity to parking (Can I Get There) 2. Safe and appropriate play area, passive surveillance (Can I Play) 3. Access to suitable amenities facilities (Can I Stay)

These criteria were taken from the Everyone Can Play Guidelines and relate to factors contributing to patronage of the site. Each site was also assessed to determine any synergies / advantages the location may pose with other Council projects. A summary of this assessment has been provided at section 3.1, with detailed assessments included in sections 3.2 - 3.4

3.1 Results

Tresillian Park was assessed as being the preferred location for the Playground. This location was noted as having the best access and passive surveillance and contains an existing playground. This location also seeks to compliment and further activate the existing ‘Recreation Corridor’ along Marina St/Lachlan St in Young being the Skate Park, Young Aquatic Centre, Young Bowling Club, Young Tennis Club and then progressing onto the sporting fields and PCYC. This finding was also supported by Variety and the Touched by Olivia Foundation and their memo recommending Tresillian Park has been included at Attachment A.

A summary of the results for the options assessment is outlined below.

Tresillian Park Arboretum Park APEX ParkEase of Access Good - Very Good Good Very Poor Access to Amenities Poor – Good Poor Poor – GoodPassive Surveillance Very Good Poor Poor Opportunities Very Good Good Poor

3.2 Tresillian Park Assessment

3.2.1 Ease of Access and Proximity to Parking

The ease of access to Tresillian Park is assessed as being Good – Very Good

Tresillian park was noted as generally providing ease of access, with direct access from on street angle parking to the existing playground. The parking was noted as being shared with the Aquatic Centre, which would place competition on parking during the summer months, particularly noting peak times (weekends / afternoons) for both facilities would coincide.

It was also noted that no disabled car parks were provided directly in front of Tresillian Park, requiring disabled users to access the playground from the disabled car parks in existence in front of the Aquatic Centre. Council would need to consider allocating dedicated disabled carparking immediately in front of Tresillian Park.

3.2.2 Access to suitable amenities

The access to suitable amenities is considered to be Poor - Good

The current site is serviced by a toilet block located in the Park, this toilet block is noted as being in general poor condition and not likely to meet NCC compliance.

3.2.3 Passive Surveillance

Passive surveillance is considered to be Very Good

The sites proximity to the Young Aquatic Centre and residential properties means the location has excellent passive surveillance. The site was also noted as being slightly elevated compared to the


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blocks on the other side of the creek, and therefore this would provide additional surveillance. It was also noted that the Young Bowls Club, Tennis Club, Alfred Oval are all on Lachlan Street. These factors all contribute to providing excellent passive surveillance at the site.

3.2.4 Opportunities:

The opportunities at the site are considered to be Very Good

As outlined in the Burrangong Creek Preliminary Project Plan that was endorsed by the Council in May 2018 funding had been allocated to upgrade the playground already located a Tresillian Park. These funds ($145,000) could be combined with the Playground funding ($275,000) to provide an enhanced facility on the site. Additionally, some of the SCCF funding flagged to be used for upgraded amenities in the Burrangong Creek area could be used to construct a new NCC compliant, all access toilet facility on Tresillian Park.

Locating the Playground at Tresillian Park also offers the advantage of further activating the ‘Recreation Corridor’ on Marina Street/Lachlan Street. Currently there is a Skate Park and the Aquatic Centre located on Marina Street. This would allow families to take advantage of all facilities relatively easy and increase the overall attractiveness of the facility. Future plans for the Tennis and Bowling Clubs further reinforce this location having strong opportunities to increase patronage.

3.2.5 Constraints:

There was noted that a moderate flood risk existed for the lower levels of the site. In order to ensure the facilities maximised use of the Park, it is likely that this space (and the associated hill) would be incorporated into the design. The creek itself also detracts from the site, presenting an open water risk to children using the site.

3.3 Arboretum Park


The ease of access to Arboretum Park is assessed as being Good.

Arboretum Park is easily accessed from the existing on-street parking on Main Street in front of the Marie McCormick Centre. There are existing disabled parking spaces provided at this location however it is noted that they are regularly utilised by the Seniors Citizens Group who are tenants within the Marie McCormick Centre. Council would need to consider allocating additional dedicated disabled carparking.


The access to suitable amenities is considered to be Poor.

Arboretum Park is primarily serviced by the toilet facilities on the corner of Main Street and Marina Street. This toilet block is noted as being in general poor condition and not likely to meet NCC compliance. These facilities were located approximately 100-150m away, however was connected by a pathway. These toilets would need to be upgraded and include appropriate disabled facilities to provide suitable toilets for those patrons using the inclusive playground.


Passive surveillance is considered to be Poor.

The site is “tucked in” behind the Marie McCormick Centre and is heavily wooded. This means that fields of vision into the park are obscured or completely blocked. The site is also noted as being significantly lower than the other side of the creek, further obscuring views from Gordon Street or Campbell Street into the Park.


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The opportunities at the site are considered to be Good

The tenants in the Marie McCormick Centre, Young Community Transport, Young Senior Citizens and Meals on Wheels are supportive of a playground located in Arboretum Park. The funding tagged for amenities upgrades in the SCCF, could be used to relocate the existing toilet block at Captain Cook Weir to adjacent the Marie McCormick Centre to better service Arboretum Park. This would have the added benefit of freeing the space currently occupied by the toilet block at Captain Cook Weir for better viewing space to the Rotary Park Music Bowl. This relocated amenities block would suffer from the same poor passive surveillance as noted for the park.

3.3.5 Constraints:

There was noted that a moderate flood risk existed for the entire site, with the creek presenting an open water risk to children using the site. Additionally, the existing trees presents a significant risk to users of the park due to falling limbs. The aesthetics of the playground would also be limited and would need to blend in with the existing park surrounds.

3.4 APEX Park


The ease of access to Apex Park is assessed as Very Poor.

Access and parking at APEX Park is considered to be the worst out of the sites assessed. Parking is available immediately next to the park however the high gutters and unsealed surface in the carpark near the café would not meet inclusivity standards for access. Pedestrian access to the park if crossing the pedestrian bridge to the west of the Campbell Street bridge would require crossing the busy Olympic Highway (heavily trafficked and used by trucks).


The access to suitable amenities is considered to be Poor- Good.

The current site is serviced by a toilet block located near the café. This toilet block is noted as being in general poor condition and not likely to meet NCC compliance.


Passive surveillance is considered to be Poor.

Whilst the site is boarded by the Olympic Highway (a high traffic street), this is considered to detract from the overall passive surveillance at the site. Traffic is not likely to be slow / stationary past the park to provide benefit from proximity to the high traffic street. Therefore, the site is considered to have poor surveillance, with the creek backing onto a laneway / non-residential buildings. Additionally, the museum to the South of the site is not considered to present significant additional surveillance.


The opportunities at the site are considered to be Poor

The proximity to the highway may encourage and attract use of the facility by passing traffic. Other than this, the site is isolated from other planned projects or existing recreation facilities.

3.4.5 Constraints:

There was noted some sites of Indigenous Significance at the parks creek frontage which would need to be protected during the development and use of the facilities. The flat area of green space is limited around the existing infrastructure on the site (bbq shelter and picnic bench). The creek presents an open water risks to user of the facility, and a fall risk due to the height of the bank above water level.


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4. Community Consultation

4.1 Project Control Group

The MOU between Variety and Touched by Olivia called for the formation of a Project Control Group. The membership of the Project Control Group is as follows:

Name OrganisationMarg Roles- Councillor Hilltops CouncilJohn Horton- Councillor Hilltops CouncilDr Edwina Marks- General Manager Hilltops CouncilBec Ho- Executive Officer Variety-Touched by Olivia Kaliegh Smerdon- Project Officer Hilltops CouncilEmma Cockburn- Community Representative GJ Foundation

The Project Control Group members met in early October to discuss this location analysis and are in agreeance with the recommendations in this report.

4.2 Variety Friends of Livvis Place

A passionate and dedicated group of community members who represent the disability sector as educators, consultants, allied healthcare professionals and parents have formed a Variety Friends of Livvi’s Place group. The group have undertaken a range of community consultation regarding the project and overwhelmingly the feedback has been positive. The consensus from the Variety Friends of Livvis Place group is that they support the recommendations in this report and welcome the delivery of an inclusive playspace in Young. Several respondents to the survey were also contacted directly to discuss the location analysis and were also supportive of the recommendations.


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5. Financial Implications The funding associated with the Playground has been allocated within the SCF meaning it would need to be committed by the end of the 2018/2019 Financial Year and acquitted within the 2019 calendar year.

Tresillian Park presents some financial advantages over the other sites. The use of Tresillian Park, and the replacement of the play equipment currently there, means that Council would only be required to maintain one set of play equipment. If the Playground was to go at the other locations, the Council would be required to maintain both the upgraded Tresillian Park facility and the Playground. Further, if the upgrade of the toilet facilities at Tresillian Park was to be completed (using some of the amenities SCCF budget) and a new fit out at the existing toilet facilities located on Marina / Main Street (Captain Cook Weir), the Council would be able to reduce whole of life costs of these facilities through the use of high efficiency fittings.

APEX Park is considered to present the least desirable location from a Financial perceptive. This location would require the construction of appropriate parking in close proximity to the park to ensure safe access is achieved for patrons with limited mobility, toilet improvements and the installation of lighting to assist with passive surveillance.


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6. Next Steps and Recommendations

6.1 Next Steps

The Playground will require a detailed design process, this should occur as a priority. Noting the specialist nature of the works, and the existing relationship with Variety and the Touched by Olivia Foundation, it may be beneficial to engage them single select to undertake this design, procurement and project delivery work.

The ability to engage Variety in partnership with the Touched by Olivia Foundation would be through the use of Section 55 of the Local Government Act. The Act states that Councils must invite tenders before entering into any Contracts however Section 55 Clause 3(i) states that:

“This section does not apply to the following contracts:

(i) a contract where, because of extenuating circumstances, remoteness of locality or the unavailability of competitive or reliable tenderers, a council decides by resolution (which states the reasons for the decision) that a satisfactory result would not be achieved by inviting tenders.”

An Inclusive All Ages Playground is considered a specialist design field, of which Variety and the Touched by Olivia Foundation has significant experience. Variety and the Touched by Olivia Foundation also have significant buying power being a national organisation who delivers projects such as these on a regular basis. These factors are considered to present significant Value for Money to the Council. For these reasons we believe that there would not be other tenderers of a competitive nature and Council should engage Variety in partnership with the Touched by Olivia Foundation to design, support the procurement of and delivery of the Playground. This would be contingent on reaching an acceptable position with regards to funding and contractual terms.

Additionally, the Council should schedule in, and commence procurement of materials for, the construction of the amenities block at Tresillian Park and re-fit of the toilets on the corner of Marina and Main Street (Captain Cook Weir). The construction of the toilet block at Tresillian Park would be in line with the “Harden Design”, which has been previously noted by Council as the accepted design solution for amenities buildings. These works would largely be able to be completed by Council’s in-house resources, who have experience delivering the previous facility.

6.2 Recommendations

In line with findings of the above assessment, the following recommendations are made to Council.

It is recommended that:

1) Tresillian Park be selected as the preferred location for the Playground in line with the findings of this assessment.

2) The funding allocated to the Tresillian Park upgrade ($145,000) be combined with the funding allocated to the Playground ($275,000) to provide a single larger play facility compared to two smaller facilities.

3) The funding tagged for the amenities upgrade through SCCF ($150,000) be used to provide a compliant toilet facility at Tresillian Park and also fund a re-fit of the toilets on the corner of Marina and Main Street (Captain Cook Weir) and procurement commence for the materials required for this work to be undertaken.

4) In accordance with s55(3)(i) of the Local Government Act 1993, not invite tenders for a proposed project delivery contract for the Inclusive Playground;

a. noting the reason for not calling tenders is on the grounds that Council is satisfied that inviting tenders would not achieve a satisfactory result as there would not be other


14

tenderers of a competitive nature due to the capacity, experience and connections Variety and Touched by Olivia have in delivering Inclusive Playgrounds and;

b. The Council delegate authority to the General Manager or their delegate to negotiate a Contract with Variety and the Touched by Olivia Foundation for the design, procurement and delivery of the Inclusive Playground not exceeding the funding amount that is allocated to the project.


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18/239 – ENDORSEMENT TO ENGAGE CONSULTANT FOR LAMBING FLAT CHINESE TRIBUTE GARDEN

Reference: File No. F20.00, F93.01.424 Responsible Officer: Acting Director Infrastructure Services

PURPOSE

The purpose of this report is for Council, to seek endorsement to engage H3 Architects to undertake a design review and tender specification development for the Lambing Flat Chinese Gardens.

REPORT

The Lambing Flats Chinese Tribute Garden (Garden) has been allocated $300,000 from the Stronger Communities Fund allocation as part of the amalgamation of Hilltops Council. This funding is to undertake additional works to progress the gardens towards completion in line with the endorsed design. The scope of works currently outstanding for the Garden includes:

1. replace seating pavilion 2. provide energy efficient flood lights and install CCTV 3. replace irrigation and provide water quality improvement 4. upgrade carpark and relocate entry / egress to Pitstone Road 5. construct memorial pavilion 6. construct moon wall (brick baffle wall) 7. relocate temple dogs (granite lions) to garden entrance 8. replace temporary ceremonial gateway 9. provide stencilled pattern concrete to footpath 10. provide additional garden furniture 11. provide associated concrete works & foundations 12. provide additional landscaping and plantings 13. replace public toilet

A review of the endorsed design by Council highlighted the need to modernise the documents and review the design for compliance with current legislation. To date two specialist Chinese/oriental landscape architects have been involved with the gardens. These are H3 architects (previously Tsang & Lee Architects), and Oriental Gardens. H3 Architects, then trading as Tsang and Lee, complete the original design for the garden.

These two organisations were approach to provide a quote to undertake a design review and prepare specifications and “For Tender” issue documents. The organisations were given from 26 September until 9 October 2018, to provide their responses.

On 8 October 2018, H3 Architects provided their response via email, this was received by Hilltops Council. On 9 October 2018, Oriental Gardens requested a


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two (2) week extension of time to complete their submissions. Due to the late request for extension and the receipt of the H3 Architects submission, it was deemed this would represent an unfair advantage to Oriental Gardens and the extension was not able to be granted. Following this being communication to Oriental Gardens, they declined to respond to the tender.

A review of the H3 Architects response was undertaken however, no scoring was completed as it was the only response. This review highlighted that:

H3 Architects have experience in delivery Oriental inspired gardens H3 Architects have experience delivery projects for Hilltops Council, and

the former Young Shire Council H3 Architects program to complete the works will meet the Council’s

requirements H3 Architects fees to complete the works appeared reasonable when

compared with other design works being undertaken by the Council (particularly the Blackguard Gully Master Plan).

H3 Architects provided a price broken down into the two stages (as requested by the Council), this price was: Stage Fee Proposal Scoping and Prioritisation $55,000 Delivery $65,000 Total $120,000

The Council is not obliged to engage H3 Architects beyond the Scoping and Prioritisation stage.

H3 Architect is considered to represent Value for Money to the Council as the team proposed includes members who worked on the endorsed design. This will mean the design review process and specifications can be completed in a shorter timeframe and will require less project familiarisation and onboarding when compared with other companies. H3 Architects have indicated in their response the Scoping and Prioritisation stage of the works will be completed in the 2018 calendar year pending timing of engagement.


The procurement is considered to be covered by Section 55 of the Local Government Act 1993. This states at 3(n) that:

“3) This section does not apply to the following contracts: (n) a contract involving an estimated expenditure or

receipt of an amount of less than $100,000 or such other amount as may be prescribed by the regulations,”

The current amount prescribed by the regulations is $150,000 (excl. GST). The current procurement was assessed during a pre-tender estimate as carrying a value of $150,000 (excluding GST) for the full works (stage 1 – pre-tender, stage 2 – works delivery). On this basis quotes were sought from only 2 companies.


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Additionally, at Section 3(i) it states: “(3) This section does not apply to the following contracts:

(i) a contract where, because of extenuating circumstances, remoteness of locality or the unavailability of competitive or reliable tenderers, a council decides by resolution (which states the reasons for the decision) that a satisfactory result would not be achieved by inviting tenders,

The works are considered specialist in nature, requiring an architect experience in the delivery of oriental gardens. H3 Architects has complete design works for the Garden previously and is therefore familiar with Council workings and the Project. Additionally, the Works need to commence in an expedited time manner, with funding needing to be acquitted in the 2018/2019 financial year and completed in the 2019 Calendar year. The engagement of H3 Architects will allow the works to move forward in an expeditious manner.

Based on the justification above, it is recommended that H3 Architectures be engaged despite a second quote not being able to be received


This endorsement will include approval to expend funds to complete the design review and development of “For Tender” documents. These works will be funded from the Stronger Communities Fund allocated to the Lambing Flat Chinese Tribute Garden Improvement Project. The project funding sources and amounts are included below.

Funding Source Funded Amount (GST excl) Stronger Communities Fund (SCF) – Round 1 $300,000 Total $300,000

The expected expenditure per financial is outlined below (excluding GST):

Funding Source FY18/19 FY19/20 Uncommitted Total SCF Round 1 $55,000 Nil $245,000 $300,000 Total $55,000 Nil $245,000 $300,000

Please note that the Lambing Flat Tribute Garden Improvement Project has applied for an additional grant of $750,000 (excl. GST) as part of the Stronger Communities Fund (SCF) Round 2. This would bring the total project budget to $1,050,000 (excl. GST). The work to be completed within the scope of the project will allow for the delivery of the full scope of the project.

RECOMMENDATION

It is recommended that Council; endorse the engagement of H3 Architects under Section 55 of the Local Government Act 1993


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18/240 – YOUNG TENNIS COURTS – DETAILED DESIGN

Reference: File No. F176.01 Responsible Officer: Acting Director Infrastructure

PURPOSE

The purpose of this report is to request approval to commence the detailed design and preparation of tender documents for the Hilltops Regional Tennis Complex Upgrade.

REPORT

Council currently has an allocation of $1.0m under the Stronger Communities Fund to design and build new tennis courts at the Hilltops Regional Tennis Complex in Lachlan St, Young.

Scope The scope of the project is to construct new tennis courts as part of Stage 1 of the Young Sports Precinct Redevelopment Project (See Attachment 1 for Sketch Plan). Many of the existing courts are in urgent need of repair. The creation of new tennis facilities will encourage greater community participation in sport, as well as give rise to the possibility of creating a tourism destination through the possibility of holding regional tournaments at the precinct.

Project History 28 June 2017: Hilltops Council resolved (17/136) to endorse the

recommendations of the Stronger Communities Fund Assessment Panel which included $1.0m towards the Hilltops Regional Tennis Complex Upgrade (Young) under the Encouraging Healthy Lifestyles Category.

30 May 2018: Consent granted for Development Application for Hilltops Bowling, Tennis, Squash Council Sports Centre (2017/DA-00202)

19 June 2018: 2MH Consulting (2MH) engaged by Council staff to prepare concept designs and cost estimates for the facilities.

26/27 July Geotechnical Investigations and location of services performed 31 August 2018: Business Case submitted by Tennis NSW to the Office of

Sport for Stage 2 Funding for the Young Sporting Precinct ($6m) under the Regional Sports Infrastructure Fund.

24-25 September 2019: 2MH Consulting provided Concept Designs and Cost Estimates for 12 Tennis Courts with an estimated cost of $3.8m using an asphalt base.

8 October 2018: 2MH Consulting nearing completion of Concept Designs and Cost Estimates for 4-6 Courts with assistance from Young Tennis / Bowling/ Squash Club Steering Committee (the Committee).

The estimated duration for construction is 25 weeks.


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The next step will be to proceed to detailed design and preparation of tender documents. See Financial Implications sections for estimated costs. It is proposed that detailed design for the Young and Boorowa Tennis courts will proceed at the same time with the same consultant for economies of scale to be achieved in developing documentation. It is then proposed that Requests for Tenders be issued at the same time for both courts to help attract interest and provide more competitive pricing, e.g. in partial sharing of mobilisation costs.

It is proposed that 2MH’s engagement be extended to include the detailed design and preparation of specifications. This is based on:

2MH was engaged following a competitive selection process; High level of industry experience and expertise demonstrated by 2MH

Consulting during stakeholder workshops performed in Young and Boorowa;

They have provided improvements to the Young Tennis Club Design Layout which will facilitate greater ease of setting out as well as enhancing the aesthetics of the finished product;

Rapid response times for the most part (delay on the delivery of meeting minutes was due to a family emergency);

Reference checking performed as part of the engagement for the concept phase revealed that their services were held in high regard by Victorian Councils contacted;

As 2MH have done the concept design, a different consultant would have a “familiarisation period” which would result in additional costs and time, both tor the consultant’s staff and Council staff.


Local Government Act

CONSULTATION

A stakeholder workshop was facilitated by 2MH Consulting on 27th June 2018 with the Young Tennis / Bowling/ Squash Club Steering Committee (the Committee) and Hilltops Council representatives to determine stakeholder requirements.

Subsequent discussions have been held with the committee through meetings, phone conversations and emails to assist with the preparation of concept design and cost estimates. The primary consultation has been through the President, Mr Peter Brown.

The Committee prefers an asphalt base to a concrete base, and this provides a more economical outcome.

There may be some amendments and changes that staff will need to work through in future with the final design, following receipt of tenders.


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While some details are still to be confirmed by the Committee we are sufficiently advanced to request approval to proceed with detailed design, with consultation with the Committee continuing into the detailed design phase. Approval to proceed with detailed design at this stage will mitigate risks of late delivery.


Council has budgeted a total of $1.0M for the construction of new tennis courts at the Hilltops Regional Tennis Complex in Lachlan St, Young. After design fees, supervision fees and Council costs it is expected that around $850k will be available for construction.

Tennis NSW has proposed to contribute $200,000 to the development of the precinct.

The Committee had applied to Tennis NSW for a further amount up to $6M for the overall redevelopment, but advice received 11/10/18 is that the grant application was unsuccessful. The Committee is meeting 29/10/18 to review the layout in light of this news and Council staff will work with them to progress the development and resolve which 4 courts will be the priority courts to redevelop. Staff will keep Council informed of any updates.

The Development Application is for a two-stage development, where Stage 1 consists of:

Demolish existing tennis clubhouse, Installation of demountable building with amenities, for use as a temporary

Clubhouse building, Resurface/construct eight (8) tennis courts Tree removal Provision of 35 car parking spaces

Given the limited funding currently available, the reduced scope now proposed, and minor layout changes, the applicant will need to lodge a modification application with the application fee ($645), revised plans and a modification statement for Stage 1 demonstrating how the modified proposal is substantially the same as the approved development and has minimal impact.

2MH Consulting’s concept estimate provided on 8 October 2018 estimates that the total cost to construct new courts at the Hilltops Regional Tennis Complex will be:

4 courts: $914,232, excluding GST 6 courts: $1,275,272, excluding GST.

These estimates include a contingency.


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The estimate allows for an asphalt base, which is preferred by the Committee, 2 courts with synthetic grass surface and the balance with rubberized surfacing. It also includes provision for new lighting. No grandstands are included.

It is proposed to call a competitive tender for the four courts, with courts 5 and 6 as optional items so that they are only included in the final contract if prices are within the budget. This will also depend on confirmation from Tennis NSW of the funding available for this stage. We will pursue that enquiry prior to tendering so that we know how much funding is available.

2MH’s fee proposal for the detailed design and documentation is $46,500, excluding GST. This includes $4,000 split from the costs for the specification, which is shared with Boorowa tennis courts. The fee proposal is for the final development case of twelve courts because: 1. It is beneficial for the designers to understand the entire sports complex and

the finished levels throughout the site - for all stages, while undertaking the initial design work.

2. The cost to design all stages as one job instead of doing the design stages as 2 jobs is only marginally more expensive in the first instance. It will be more expensive to only design Stage 1 now and then return to Stage 2 later.

3. Opportunities to consider earthmoving benefits while working on Stage 1 can arise with material being shifted around site that could help for the latter stage/s, as opposed to removing it all from site. Other construction benefits may also arise during the early stage build.

4. Construction demarcation sections between the stages can be easily planned for so that the addition of the latter stages can easily be connected in.

5. Reticulation design work such as power supply sources and conduits can be designed well considering the whole long-term facility objectives and ensuring that the right sizes are designed and installed as part of the Stage 1 works.

6. Opportunity exists to go to quick tender for the additional stages - if required, without losing time on a second design process.

ATTACHMENTS

Attachment 1 – Young Sports Precinct – Proposed Redevelopment Attachment 2 – Concept designs prepared by 2MH Consulting Attachment 3 – Concept estimates prepared by 2MH Consulting Attachment 4 – Fee proposal from 2MH Consulting

RECOMMENDATION

It is recommended that Council approve the proposed concept design and proceed, with the detailed design of the Hilltops Regional Tennis Complex Upgrade (Young), in consultation with the Committee, and subsequent calling of tenders for construction.

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These drawings are copyr1ght and may not be reproduced in any fonn without the written permission of Dssign Weal Ardlitecre and Designers

Do not scale from Drawings. If 1n doubt ask. These drawlnge are to be read In their entirety, It le forbidden to reproduce lhsm in part.

Check all sizes before work begins Check all levels on site before work begins Any discrepancies are to be referred to this office at once.

All materials and workmanship are to be in sbici accordance with currant manuledureis printed instructions, local regulations, The Building Cocle of Australia and SAA Codes.

Fix foam seals and weatherstrips to all external doom.

AMENDMENTS Arndt Date Description

SKETCH PIAN ONlY PROJECT

Proposed refurb of Bowling Tennis Club and Squash Club CLIENT

Young Bowling, Tennis and Squash Clubs LOCATION

Lachlan Street Young DATE SCALE

7/11/17 1:100

~~fJI1~ DESIGN WEST MEMBER

ilBAUotiEHl ~•1iluteol- Architecture

Karen Gay NSW Reg 3819 Nominated Architect

ABN 21 003 908 038 44 Macquarie Street, Cowra NSW 2794

Ph. (02) 63 423 230 Fax (02) 63 424 792

Job Number: 68/16

PLANS I DA/YOUNG BOWLING TENNIS and SQUASH CLUBS/VERSION 3/7 NOVEMBER2017

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NOTE: CONCEPT PLAN FOR DISCUSSION PURPOSES ONLY. COURTS AND CARPARK TO BE CONFIRMED IN PRELIMINARY DESIGN.

m SHANE MUIR CONSULTING ENGINEERS 468 HARGREAVES STREET, BENDIGO, 3550 ABN 35 090 257 855 PHONE (03) 5444 2741 FAK (03) 5444 2751 EMAIL: [email protected]

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m SHANE MUIR CONSULTING ENGINEERS 468 HARGREAVES STREET, BENDIGO, 3550 ABN 35 090 257 855 PHONE (03) 5444 2741 FAK (03) 5444 2751 EMAIL: [email protected]

COPYRIGHT © A

CLIENT:

2MHConsulling .MHI SITE ADDRESS:

B (

2MH CONSUL TING

LACHLAN STREET, YOUNG, NSW

D

140724

DEVELOPMENT TITLE:

YOUNG TENNIS & BOWLING CLUB

PLAN DESCRIPTION:

CONCEPT COURT LAYOUT PLAN (OPTION 2)

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DRAWN: J.T.D. DWG No.


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GENERAL CONCEPT PLAN NOTES:

1. THIS PLAN IS FOR FACILITY CONCEPT DEVELOPMENT ONLY AND IS NOT TO BE USED AS THE BASIS FOR FULL DESIGN.

2. THE DETAILED DESIGN ST AGE IS TO ENSURE THAT THE LIGHTING LAYOUT CONFORMS TO AS2560.2.4 FOR TENNIS.

3. ALL FENCING, DRAINAGE AND LIGHTING INFRASTRUCTURE MUST BE PLACED OUTSIDE OF THE REQUIRED MINIMUM COURT RUN-OFF AREAS.

4. A GEOTECHNICAL REPORT AND DETAILED DESIGN BY CIVIL AND STRUCTURAL ENGINEERS WILL BE REQUIRED TO DETERMINE PAVEMENT DESIGN AND CONSTRUCTION DETAILS.

5. CONCEPT PLAN ONLY. RECOMMEND A FULL DETAILED FEATURE AND LEVEL SURVEY TO DETERMINE EXACT LOCATION OF CONSTRUCTION FOOTPRINT AND ALLOW FOR THE DETAILED DESIGN ST AGE.

6. INDICATIVE DRAINAGE SHOWN. DETAILED DRANAIGE DESIGN TO BE COMPLETED ONCE PRELIMINARY DESIGN CONFIRMED.

7. PROPOSED NEW COURTS SHOWS A 600mm CONCRETE SPOON DRAIN TO THE SOUTH AND WEST ITHE TWO LOW SIDES), A 300mm EDGE STRIP IS PROPOSED AROUND THE PERIMETER OF THE NEW COURTS TO SUPPORT THE PAVEMENT & FENCING.

INDICATIVE GRANDSTAND OPTION !N.T.Sl

CLIENT:

468 HARGREAVES STREET, BENDIGO, 3550 5~-~oc~- 2MHConsulling .MHI 2MH CONSUL TING ABN 35 090 257 855 PHONE (03) 5444 2741 .,. .. 1,,;f,.llwc.ULIHl'lliNK.. t i ~ U '1 tLM. M.'4~1t .. r1...Yl:a>lfl'

FAK (03) 5444 2751 i;ipry~r 1r1t1•rr1tol!:¥111n '"'~"'fl riw \••IFl'f'll>

EMAIL: [email protected] 18: @im"R'ti SITE ADDRESS:

LACHLAN STREET,

COPYRIGHT © YOUNG, NSW

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FENCE TO DROP DOWN FROM A 3.6m HIGH FENCE TO 1.2m HIGH FENCE IN AREA SHOWN ISEE FENCING NOTES).

STANDARD DROP DOWN FENCE DETAIL (N.T.Sl

DEVELOPMENT TITLE:

YOUNG TENNIS & BOWLING CLUB CONCEPT DRAWING PLAN DESCRIPTION:

GENERAL NOTES & DETAILS SUBJECT TO FURTHER AMENDMENT FOR DISCUSSION PURPOSES ONLY

(OPTION 2)

E F G H


COUNCIL CHECKED: S.K.M.

!c~:= AS SHOWN SHEET.

DATE: 08/10/18

3 of 3

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TENNIS COURTS COST ESTIMATES: CONSTRUCTION AND CONTINGENCY

Site: Young Tennis Courts Construction - Lachlan Street, Young

Date of Estimate: September 2018

Item No. Description of WorksUnit of

Measurement QTY RATECosts (with concrete

base)

Costs (with asphalt

base)

1 Site preliminaries - temporary fencing and overall work site establishment. allow 1 $20,000.00 $20,000.00 $20,000.00

2 Remove existing surface material, soil, and natural ground and excavate footprint for new courts and paths.Metre² 8070 $18.00 $145,260.00 $145,260.00

3Install and compact a minimum depth of 300mm thick Class 2 Fine Crushed Rock to entire pavement area.

Metre² 8070 $50.00 $403,500.00 $403,500.00

4

Construct a 140mm thick reinforced concrete slab for 12 tennis courts including all boxing and steel work and

construction joints (where required) and saw cutting.

Metre² 6720 $100.00 $672,000.00 NA

5Construct a 30mm thick asphalt surface for total area allowed. Includes prime coat.

Metre² 6720 $30.00 NA $201,600.00

6600mm wide reinforced concrete spoon drain construction.

Metre² 246 $100.00 $24,600.00 $24,600.00

7300mm wide reinforced concrete edge strip construction.

Metre² 122.4 $100.00 $12,240.00 $12,240.00

8

New stormwater drainage system with 600mm x 600mm concrete pits and connections to discharge to existing

site drainage system. Includes subsoil drainage to full perimeter of the new pavement construction.

allow 1 $70,000.00 $70,000.00 $70,000.00

91200mm deep tree root barriers to protect new pavement from future plantings.

Lineal Metre 435 $57.00 $24,795.00 $24,795.00

103600mm high black PVC coated chain mesh fence with top and bottom rails. 1 x Double access & 2 x Pedestrian

access gates allowance included.Lineal Metre 467 $200.00 $93,400.00 $93,400.00

111200mm high black PVC coated chain mesh fence with top and bottom rails. 1 x Pedestrian access gate allowance

included.Lineal Metre 132 $200.00 $26,400.00 $26,400.00

12 Grade surrounds allowance and top soilingallowance 1 $30,000.00 $30,000.00 $30,000.00

13Surfacing works - sports acrylic surface - to court and run-off areas only.

Metre² 4480 $18.00 $80,640.00 $80,640.00

14Synthetic grass sports surfacing

Metre² 2240 $45.00 $100,800.00 $100,800.00

15Tennis Court infrastructure - net posts, nets and centre net straps.

Sets 12 $1,500.00 $18,000.00 $18,000.00

16Concrete pedestrian paths throughout the site as shown on the concept plans

Metre² 1060 $100.00 $106,000.00 $106,000.00

17Retaining wall constructions

Lineal Metre 90 $500.00 $45,000.00 $45,000.00

18Carparking, roadways, and drainage for roads and parking

Metre² 10448 $150.00 $1,567,200.00 $1,567,200.00

19New LED Lighting system including foundations. Assuming existing power supply is adequate.

No. of Courts 12 $40,000.00 $480,000.00 $480,000.00

$3,919,835.00 $3,449,435.00

$391,983.50 $344,943.50

$4,311,818.50 $3,794,378.50

P.1Additional cost of fencing upgrade to strengthen to cater for additional wind loading caused by attachments ie:

signage. Lineal Metre 467 $45.00 $21,015.00 $21,015.00

P.2 Upgrade of surface from basic acrylic to Rubberised sports surface - cost per court Metre² 1120 $60.00 $67,200.00 $67,200.00

P.3 1800mm high Kelmatt wind break material. Lineal Metre 467 $55.00 $25,685.00 $25,685.00

P.4 Allowance for 4 x Grandstands - 4 tier, 10 metres long, supply, deliver and installed allow 2 $73,000.00 $146,000.00 $146,000.00


Notes:

1 Asphalt base option provided for consideration. Please note that the geotechnical report & subsequent engineering advice will determine the pavement design required for long term successful outcomes.

2 Please note that 2MH Consulting is not a Quantity Surveyor. Cost estimates given by us are opinions of cost only and are based on historical data and our experience with similar projects.

3 Actual tender costs may vary markedly, depending on market conditions at the time of tender.

4 The above lighting cost estimate does not include power supply Authority consolidations or power supply upgrades should existing power supply into the site be deemed inadequate for the proposed lighting needs. 2MH Consulting recommend that council factor in the adequacy of the existing supply as a priority as

power authority charges for power supply upgrades can be significant.

5 Cost estimates are to be read in conjunction with the accompanying concept plan.

6 These cost estimates have been provided to the best of our ability without the benefit of knowing the final detailed design requirements of the facility.

7 These cost estimates have been slightly increased in materials values from our usual rates on the basis of allowing for an increase in charges due to the job being an isolated site.

8 Cost estimates are valid for 6 months.

9 Pricing is exclusive of GST

PROVISIONAL ITEMS

10% CONTINGENCY ALLOWANCE

FULL CONSTRUCTION WITH 10% CONTINGENCY

Court sizes have been based on current competition standard tennis courts plus additional

tolerences built into the design by 2MH Consulting

NUMBER OF COURTS: 12

TENNIS COURT WORKS

FULL CONSTRUCTION Courts 1-12 - Concept Design Plan 1-3 Option 2, dwg no 1808037

FULL CONSTRUCTION

TENNIS COURTS COST ESTIMATES: CONSTRUCTION AND CONTINGENCY

Site: Young Tennis Courts Construction - Lachlan Street, Young

Date of Estimate: October 8 2018



base)

Costs (with asphalt

base)


2Remove existing surface material, soil, and natural ground and excavate footprint for new courts and paths -

courts 1-4 and associated paths. Metre² 3250 $18.00 $58,500.00 $58,500.00

3Install and compact a minimum depth of 300mm thick Class 2 Fine Crushed Rock to entire pavement area - courts

1-4 and associated paths. Metre² 3250 $50.00 $162,500.00 $162,500.00

4


construction joints (where required) and saw cutting - courts 1-4, court areas only.

Metre² 2240 $100.00 $224,000.00 NA

5Construct a 30mm thick asphalt surface for total area allowed. Includes prime coat - courts 1-4, court areas only.

Metre² 2240 $30.00 NA $67,200.00

6600mm wide reinforced concrete spoon drain construction - courts 1-4 only.

Lineal Metre 137 $100.00 $13,700.00 $13,700.00


Lineal Metre 268 $100.00 $26,800.00 $26,800.00

8


site drainage system. Includes subsoil drainage to full perimeter of the new pavement construction - courts 1-4

only. allow 1 $30,000.00 $30,000.00 $30,000.00

91200mm deep tree root barriers to protect new pavement from future plantings - courts 1-4 only.

Lineal Metre 160 $57.00 $9,120.00 $9,120.00


access gates allowance included per enclosure - courts 1-4 only.Lineal Metre 180 $200.00 $36,000.00 $36,000.00




13Surfacing works - rubberised sports acrylic surface - to court and run-off areas only - courts 1 and 2.

Metre² 1120 $60.00 $67,200.00 $67,200.00

14Synthetic grass sports surfacing - courts 3 and 4

Metre² 1120 $45.00 $50,400.00 $50,400.00


Sets 4 $1,500.00 $6,000.00 $6,000.00

16Concrete pedestrian paths around courts 1-4 as shown on the concept plans

Metre² 780 $100.00 $78,000.00 $78,000.00


Lineal Metre 43 $500.00 $21,500.00 $21,500.00

18Carparking, roadways, and drainage for roads and parking - no allowance made in stage 1

Metre² 0 $150.00 $0.00 $0.00


No. of Courts 4 $40,000.00 $160,000.00 $160,000.00

$987,920.00 $831,120.00

$98,792.00 $83,112.00

$1,086,712.00 $914,232.00



P.2 Basic acrylic sports surface - cost per 2 courts Metre² 1120 $18.00 $20,160.00 $20,160.00

P.3 1800mm high Kelmatt wind break material. Lineal Metre 467 $55.00 $25,685.00 $25,685.00



1 Site preliminaries - temporary fencing and overall work site establishment - included above if unertaken in Stage 1 allow 1 $0.00 $0.00 $0.00

2Remove existing surface material, soil, and natural ground and excavate footprint for new courts and paths -

courts 5-6 and associated paths. Metre² 1221 $18.00 $21,978.00 $21,978.00

3Install and compact a minimum depth of 300mm thick Class 2 Fine Crushed Rock to entire pavement area - courts

5-6 and associated paths. Metre² 1221 $50.00 $61,050.00 $61,050.00

4


construction joints (where required) and saw cutting - courts 5-6, court areas only.

Metre² 1120 $100.00 $112,000.00 NA

5Construct a 30mm thick asphalt surface for total area allowed. Includes prime coat - courts 5-6, court areas only.

Metre² 1120 $30.00 NA $33,600.00

6600mm wide reinforced concrete spoon drain construction - courts 5-6 only.

Lineal Metre 67 $100.00 $6,700.00 $6,700.00


Lineal Metre 67 $100.00 $6,700.00 $6,700.00

8


site drainage system. Includes subsoil drainage to full perimeter of the new pavement construction - courts 5-6

only. allow 1 $10,000.00 $10,000.00 $10,000.00

91200mm deep tree root barriers to protect new pavement from future plantings - courts 5-6 only.

Lineal Metre 70 $57.00 $3,990.00 $3,990.00


access gates allowance included per enclosure - courts 1-4 only.Lineal Metre 85 $200.00 $17,000.00 $17,000.00




13Surfacing works - rubberised sports acrylic surface - to court and run-off areas only - courts 1 and 2.

Metre² 1120 $60.00 $67,200.00 $67,200.00


Sets 1 $1,500.00 $1,500.00 $1,500.00

15Concrete pedestrian paths around courts 5-6 as shown on the concept plans

Lineal Metre 35 $100.00 $3,500.00 $3,500.00


Lineal Metre 0 $500.00 $0.00 $0.00

17Carparking, roadways, and drainage for roads and parking - no allowance made in stage 1

Metre² 0 $150.00 $0.00 $0.00


No. of Courts 2 $40,000.00 $80,000.00 $80,000.00

$406,618.00 $328,218.00

$40,661.80 $32,821.80

$447,279.80 $361,039.80

$1,394,538.00 $1,159,338.00

$139,453.80 $115,933.80

$1,533,991.80 $1,275,271.80

Notes:




4 The above lighting cost estimate does not include power supply Authority consolidations or power supply upgrades should existing power supply into the site be deemed inadequate for the proposed lighting needs. 2MH Consulting recommend that council factor in the adequacy of the existing supply as a priority as

power authority charges for power supply upgrades can be significant.







NUMBER OF COURTS: STAGE 1 ONLY - COURTS 1-4 and possibly build courts 5-6



STAGED CONSTRUCTION Courts 1-4 - Concept Design Plan sheets 1-3 Option 2, dwg no 1808037

TENNIS COURT WORKS

STAGE 1 CONSTRUCTION

POSSIBLE ADDITION TO STAGE 1 CONSTRUCTION WITH 10% CONTINGENCY

STAGE 1 INCLUDING POSSIBLE ADDITION TO STAGE 1 CONSTRUCTION


STAGE 1 INCLUDING POSSIBLE ADDITION TO STAGE 1 CONSTRUCTION WITH 10% CONTINGENCY

STAGE 1 CONSTRUCTION WITH 10% CONTINGENCY

PROVISIONAL ITEMS

STAGED CONSTRUCTION Courts 5-6 - Concept Design Plan 1-3 Option 2, dwg no 1808037 (For consideration of building as part of Stage 1)

TENNIS COURT WORKS

POSSIBLE ADDITION TO STAGE 1 CONSTRUCTION


74 High St [email protected] Kyneton 3444 Victoria Australia

7 August 2018 Fee Proposal no. 1107

Kim Brearley Project Delivery Engineer Hilltops Council Locked Bag 5, Young NSW 2594 Via email: [email protected]

Hi Kim, RE: Young Tennis Club (12 Tennis Courts & Car Park) & Boorowa Tennis Club (4 Tennis Courts) Detailed Design It is with great pleasure that we provide the following fee proposal for the below mentioned services for the Young & Boorowa Tennis Clubs.

Item no.

Fee proposal – Detailed Design Fee excl

GST

1

Civil Engineering Design for 12 Tennis Courts & Car Park (Young) - Site Visit - Detailed Stormwater Design & Drafting of Plans for courts & Car Park - Geometric Design of Courts & Car Park - Court & Car Park Construction Set Out Plan (incl. tennis net posts) - Detailed Pavement Design for courts & Car Park - Court Line marking details - Tree Root Barrier details - Schedule of Quantities for Civil Construction

$24,000.00

2

Structural Engineering Design (Young) - Site Visit - Advice on appropriate pavement design - Light Tower Footing Design - Fencing design and footings - Shelter Design drawings and Structural Computations - Drafting of Structural Details - 1507 Certificate of Compliance (structural design)

$3,800.00

3

Detailed Lighting & Electrical Design (Young) - Assessment of existing power capacity into the site for the courts and bowling club - Liaise with power authorities to co-ordinate power upgrade - Detailed lighting & electrical design for 12 Tennis Courts (2-3 stages)

$6,900.00

4

Detailed Landscape Plan (Young) - Preparation of draft Landscape Concept Plan for discussion and to inform detailed design (to include staging, proposed plant species, finishes, furniture, pedestrian pathway layout and finishes. - Detailed design documentation for inclusion into tender documents to enable a 2-staged tender and construction approach.

$7,800.00

mailto:[email protected]



5

Civil Engineering Design for 4 Tennis Courts (Boorowa) - Site Visit - Detailed Stormwater Design & Drafting of Plans for courts - Geometric Design of Courts - Court Construction Set Out Plan - Detailed Pavement Design - Court Line marking details - Tree Root Barrier details - Schedule of Quantities for Civil Construction

$8,000.00

6

Structural Engineering Design (Boorowa) - Site Visit - Advice on appropriate pavement design - Light Tower Footing Design - Fencing design and footings - Shelter Design drawings and Structural Computations - Drafting of Structural Details - 1507 Certificate of Compliance (structural design)

$2,800.00

7

Detailed Lighting & Electrical Design (Boorowa) - Site Visit - Assessment of existing power capacity into the site for the courts - Liaise with power authorities to co-ordinate power upgrade - Detailed lighting & electrical design for 4 Courts (2 Tennis + 2 multi-use Netball-Tennis)

$5,000.00

8

Preparation of Detailed Design Specifications. (Young & Boorowa) A tennis court design specialist will prepare a detailed set of specifications that supports the engineering and lighting design drawings. The document will outline all site-specific requirements of the project and it will stipulate all relevant standards and the expected quality to be delivered.

$6,000.00

Total fee $64,300.00

plus GST Please Note: This Fee Proposal is valid for 30 days Our Terms of Payment are strictly 14 days from date of invoice If you elect to proceed with any of the above costed works, please sign and date below and return to the 2MH Consulting office at earliest convenience. Please do not hesitate in contacting me should you require any further information.

Yours sincerely,

Mick Hassett Director

Client Agreement I______________________, on behalf of ____________________ on this day _______________, hereby engage 2MH Consulting P/L. To proceed with the works mentioned above.

_______________________ Signature



No allowance has been made for the following items, given that these services are normally only required on a case by case basis. However, a revised fee can be provided for these services as requested or required;

➢ Above costings are based on the design of both sites being awarded together, with the site

inspections to be held in the one trip, and one combined Technical Specification for Tender

document. If it is required to be separated into 2 projects, additional fees will apply.

➢ Fees payable to Authorities

➢ It assumed that a Building Permit won’t be required, therefore no allowance has been made for

this service.

➢ Title (boundary) survey.

➢ Investigating drainage capacity of existing council drainage pipes or swales downstream of

development or the determination of the nominated legal point of discharge.

➢ Drainage design, if stormwater is to be retained on site for a period of time.

➢ Arborist advice and reporting (trees may have to be removed or pruned) – we do have a

preferred arborist that we work with, and we can provide a fee for his involvement – if required.

We have allowed for a Native Vegetation expert’s involvement, should advice be required on

the existing plantings on site.

➢ Please note that not all underground services are detectable. If services are detected within the

works area they will have to be proven (pot holed) as part of the design works. Potholing has not

been allowed for in our fees nor has acquiring associated build over permits from authorities – if

required.

➢ Lighting and electrical design work includes – Review site supply and liaise with the relevant

authority for a point of connection. Design of switchboards and controls, electrical services and

reticulation for lighting and power needs.

Our fees for additional works costed at our current hourly rates are as follows; 2MH Consulting $180/hr plus GST Civil and Structural Design Consultant $250/hr plus GST



24 October 2018


194

18/241 – BOOROWA TENNIS COURTS – DETAILED DESIGN Reference: File No. F178.02 Responsible Officer: Acting Director Infrastructure PURPOSE The purpose of this report is to request approval to commence the detailed design and preparation of tender documents for the Boorowa Tennis Court Construction Project. REPORT Council currently has an allocation of $350,000 under the Stronger Communities Fund to design and build new tennis courts at the Boorowa Showground. Scope The scope of the project is to improve the Tennis Court Facilities in the Boorowa Township to encourage greater levels of active participation in sport through the provision of new facilities, as well as provide a home base for the Boorowa Tennis Club who currently lack a suitable facility to use. Project History

June 2016: $50,000 allocated towards Boorowa Tennis Club under Stronger Communities Funding

28 June 2017: Hilltops Council resolved (17/136) to endorse the recommendations of the Stronger Communities Fund Assessment Panel which included $300,000 towards the Boorowa Tennis Courts under the Encouraging Healthy Lifestyles Category.

19 June 2018: 2MH Consulting engaged by Council staff to prepare concept designs and cost estimates for the facilities.

25 July 2018: Geotechnical Investigations performed 8 October 2018: 2MH Consulting nearing completion of Concept Designs

and Cost Estimates for 1-2 Courts (Stage 1) with assistance from Boorowa Tennis Club

The next step will be to proceed to detailed design and preparation of tender documents. See Financial Implications sections for estimated costs. It is proposed that detailed design for the Young and Boorowa Tennis courts will proceed at the same time with the same consultant for economies of scale to be achieved in developing documentation. It is then proposed that Requests for Tenders be issued at the same time for both courts to help attract interest and provide more competitive pricing, e.g. in partial sharing of mobilisation costs.


24 October 2018


195

It is proposed that 2MH’s engagement be extended to include the detailed design and preparation of specifications. This is based on:

2MH was engaged following a competitive selection process; High level of industry experience and expertise demonstrated by 2MH

Consulting during stakeholder workshops performed in Young and Boorowa;

They have provided improvements to the Young Tennis Club Design Layout which will facilitate greater ease of setting out as well as enhancing the aesthetics of the finished product;

Rapid response times for the most part (delay on the delivery of meeting minutes was due to a family emergency); and

Reference checking performed as part of the engagement for the concept phase revealed that their services were held in high regard by Victorian Councils contacted;

As 2MH have done the concept design, a different consultant would have a “familiarisation period” which would result in additional costs and time, both tor the consultant’s staff and Council staff.

STATUTORY PROVISIONS Local Government Act

CONSULTATION A stakeholder workshop was facilitated by 2MH Consulting on 28 June 2018, with the Boorowa Tennis Club and Hilltops Council representatives, to determine stakeholder requirements. Subsequent discussions have been held with the committee through meetings, phone conversations and emails to assist in the preparation of concept design and cost estimates. The Tennis Club have indicated their preference to have a concrete base over an asphalt base due to longevity concerns of using asphalt at the Showgrounds site. The Club have indicated that they understand that compromises may be required on the court infrastructure with budgetary constraints that exist and that they would accept an asphalt base with a rubberised acrylic playing surface if required. See Attachment 4. A rubberised acrylic playing surface is preferred by the Club over other surface types such as synthetic grass or a basic acrylic playing surface, in order to attract and retain membership. A synthetic grass surface is seen by the club as having maintenance issues and a basic acrylic surface on concrete would be uncomfortable for players due to its hardness.


24 October 2018


196

With rubberised acrylic surfacing and a concrete base being more costly options, a staged approach to lighting (installing conduits and pits at this stage only) is being considered to reduce costs.

The Club are also exploring options of alternative funding sources in order for the Club to have a court that meets their requirements.

The Club approves of the concept design and appreciates that some details might be adjusted once detailed design is complete and market prices are obtained. (See letter attached). We are therefore sufficiently advanced to request approval to proceed with detailed design, with consultation with the Club continuing into the detailed design phase. With an expected construction timeframe of 14 weeks (needing to occur in warmer months for best results), approval to proceed with detailed design at this stage will mitigate risks of late delivery.


Council has budgeted a total of $350,000 for the construction of new tennis courts at the Boorowa Showground. This amount needs to cover design and Council costs as well as construction costs

2MH Consulting provided concept estimates on 10 October 2018 for construction of 2 new tennis courts with options for asphalt or concrete bases, and full lighting or provision of conduits and pits only, with a view to installing lights later when further funding comes available. The main scenarios are outlined in Table 1 below, with costs of different options in Table 2. All scenarios in Table 1 have 3600mm high black PVC coated chain mesh fence. 2MH have indicated that the costs of metal halide lighting and LED lighting are roughly equivalent these days.

Table 1. Main Scenarios Case Cost ($)

(Excludes GST) Asphalt base, lighting conduits and pits only, basic acrylic surface

$277,829

Asphalt base, lighting conduits and pits only, rubberised sport acrylic surface

$324,449

Asphalt base, full lighting, basic acrylic surface $354,829 Asphalt base, full lighting, rubberised sport acrylic surface $401,449 Concrete base, lighting conduits and pits only, rubberised sport acrylic surface

$409,919

Club Preferred Option Includes concrete base, rubberised sport acrylic surface, LED Lighting

$486,919


24 October 2018


197

Table 2. Options Option Cost ($)

(Excludes GST) 1. Replace asphalt base with concrete $77,700 2. Replace basic acrylic surface with synthetic grass

surface $24,420

3. Replace basic acrylic surface basic with rubberised sport acrylic surface

$46,620

4. Replace standard perimeter fencing to allow for higher wind loads from advertising and billboards

$9,600

5. Replace standard lighting with LED Tennis Lighting $0

Direction is requested from Council as to whether it wants to: 1. Proceed with design using a concrete base, preferred by the Club, on the

understanding that additional funding will probably be required; or 2. Proceed with design using an asphalt base, which may be achievable

within the budget, or would require less additional funding. 3. Include lighting or just provision for conduits and pits at this stage

2MH’s fee proposal for the detailed design and documentation is $17,800, excluding GST. This includes $2,000 split from the costs for the specification, which is shared with Young tennis courts. The fee proposal is for the final development case of four courts because:

1) It is beneficial for the designers to understand the entire sports complex and the finished levels throughout the site - for all stages, while undertaking the initial design work.

2) The cost to design all stages as one job instead of doing the design stages as 2 jobs is only marginally more expensive in the first instance. It is anticipated to be more expensive to only design stage 1 now and then return to stage 2 later.

3) Opportunities to consider earthmoving benefits while working on Stage 1 can arise with material being shifted around site that could help for the latter stage/s, as opposed to removing it all from site. Other construction benefits may also arise during the early stage build.

4) Construction demarcation sections between the stages can be easily planned for so that the addition of the latter stages can easily be connected in. The 2 tennis courts in Stage 1 may require a widened and thickened southern edge beam so that the southern concrete pathway can be keyed or dowelled in as part of the stage 2 build.

5) Reticulation design work such as power supply sources and conduits can be designed well considering the whole long-term facility objectives and ensuring that the right sizes are designed and installed as part of the Stage 1 works.


24 October 2018


198

6) Opportunity exists to go to quick tender for the additional stages - if required, without losing time on a second design process.

ATTACHMENTS Attachment 1 – Concept designs prepared by 2MH Consulting Attachment 2 – Concept estimates prepared by 2MH Consulting Attachment 3 – Fee proposal from 2MH Consulting Attachment 4 – Letter to Council from Boorowa Tennis Club RECOMMENDATION It is recommended that Council; approve for the design to progress to detailed design, in consultation with the Club, to mitigate risks of late delivery, and subsequent calling of tenders for construction. Council to advise whether it wants to:

1. Proceed with design using a concrete base, preferred by the Club, on the understanding that additional funding will probably be required; or

2. Proceed with design using an asphalt base, which may be achievable within the budget, or would require considerably less additional funding.

3. Include lighting or just provision for conduits and pits at this stage

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TENNIS AND NETBALL COURTS COST ESTIMATES: CONSTRUCTION AND CONTINGENCY WITH FULL LIGHTING - TO BE BUILT OVER 2 STAGES

Site: Boorowa Tennis Courts Construction - Showgrounds

Date of Estimate: October 8 2018



base)

Costs (with asphalt

base)




Metre² 1110 $50.00 $55,500.00 $55,500.00

4



Metre² 1110 $100.00 $111,000.00 NA


Metre² 1110 $30.00 NA $33,300.00


Lineal Metre 80 $100.00 $8,000.00 $8,000.00


Lineal Metre 80 $100.00 $8,000.00 $8,000.00

8



allow 1 $10,000.00 $10,000.00 $10,000.00


Lineal Metre 122 $57.00 $6,954.00 $6,954.00




12Surfacing works - rubberised sports acrylic surface - to court and run-off areas only.

Metre² 1110 $60.00 $66,600.00 $66,600.00


Sets 2 $1,500.00 $3,000.00 $3,000.00


No. of Courts 2 $50,000.00 $100,000.00 $100,000.00

$442,654.00 $364,954.00

$44,265.40 $36,495.40

$486,919.40 $401,449.40



base)

Costs (with asphalt

base)


2 Remove existing surface material, soil, and natural ground and excavate footprint for new courts and paths.Metre² 1580.24 $18.00 $28,444.32 $28,444.32


Metre² 1580.24 $50.00 $79,012.00 $79,012.00

4



Metre² 1532.5 $100.00 $153,250.00 NA


Metre² 1532.5 $30.00 NA $45,975.00


Lineal Metre 80 $100.00 $8,000.00 $8,000.00


Lineal Metre 80 $100.00 $8,000.00 $8,000.00

8



allow 1 $10,000.00 $10,000.00 $10,000.00


Lineal Metre 122 $57.00 $6,954.00 $6,954.00





Metre² 1532.5 $60.00 $91,950.00 $91,950.00


Sets 2 $1,500.00 $3,000.00 $3,000.00

14Netball Court Infrastructure - goal posts and padding

Sets 2 $1,500.00 $3,000.00 $3,000.00


No. of Courts 2 $50,000.00 $100,000.00 $100,000.00

$543,610.32 $436,335.32

$54,361.03 $43,633.53

$597,971.35 $479,968.85

$986,264.32 $801,289.32

$98,626.43 $80,128.93

$1,084,890.75 $881,418.25



P.2 Allowance for 4 x Grandstands allow 2 $40,000.00 $80,000.00 $80,000.00

P.3 Synthetic grass surface for 2 tennis courts only (replaces item 12 in stage 1) Metre² 1110 $40.00 $44,400.00 $44,400.00

P.4 Basic acrylic playing surface (replaces item 12 in stage 1 and item 12 in stage 2) Metre² 1110 $18.00 $19,980.00 $19,980.00

Notes:




4






PROVISIONAL ITEMS - FIGURES INCLUDE BOTH STAGES 1 AND 2

The above lighting cost estimate does not include power supply Authority consolidations or power supply upgrades should existing power supply into the site be deemed inadequate for the proposed lighting needs.

2MH Consulting recommend that council factor in the adequacy of the existing supply as a priority as power authority charges for power supply upgrades can be significant.



FULL CONSTRUCTION Courts 3-4 - Part of 2 stages as per Concept Design Plan 1 dwg no 1808038

NETBALL/TENNIS COURT WORKS - stage 2, 2 Multi-sport courts only

SUBTOTAL STAGE 2 FULL CONSTRUCTION


SUBTOTAL STAGE 2 - FULL CONSTRUCTION WITH 10% CONTINGENCY

TOTAL STAGES 1 AND 2 - FULL CONSTRUCTION


TOTAL STAGES 1 AND 2 - FULL CONSTRUCTION WITH 10% CONTINGENCY





NUMBER OF COURTS: 4 (IN 2 STAGES)

TENNIS COURT WORKS - stage 1, 2 tennis courts only

FULL CONSTRUCTION Courts 1-2 - Part of 2 stages as per Concept Design Plan 1 dwg no 1808038 - INCLUDES FULL LIGHTING


TENNIS AND NETBALL COURTS COST ESTIMATES: CONSTRUCTION AND CONTINGENCY LIGHTING CONDUITS ONLY STAGE 1 - TO BE BUILT OVER 2 STAGES

Site: Boorowa Tennis Courts Construction - Showgrounds

Date of Estimate: September 2018



base)

Costs (with asphalt

base)




Metre² 1110 $50.00 $55,500.00 $55,500.00

4



Metre² 1110 $100.00 $111,000.00 NA


Metre² 1110 $30.00 NA $33,300.00


Lineal Metre 80 $100.00 $8,000.00 $8,000.00


Lineal Metre 80 $100.00 $8,000.00 $8,000.00

8



allow 1 $10,000.00 $10,000.00 $10,000.00


Lineal Metre 122 $57.00 $6,954.00 $6,954.00





Metre² 1110 $60.00 $66,600.00 $66,600.00


Sets 2 $1,500.00 $3,000.00 $3,000.00

14Conduits and pits for new LED Lighting system.

No. of Courts 2 $15,000.00 $30,000.00 $30,000.00

$372,654.00 $294,954.00

$37,265.40 $29,495.40

$409,919.40 $324,449.40



base)

Costs (with asphalt

base)


2 Remove existing surface material, soil, and natural ground and excavate footprint for new courts and paths.Metre² 1580.24 $18.00 $28,444.32 $28,444.32


Metre² 1580.24 $50.00 $79,012.00 $79,012.00

4



Metre² 1532.5 $100.00 $153,250.00 NA


Metre² 1532.5 $30.00 NA $45,975.00


Lineal Metre 80 $100.00 $8,000.00 $8,000.00


Lineal Metre 80 $100.00 $8,000.00 $8,000.00

8



allow 1 $10,000.00 $10,000.00 $10,000.00


Lineal Metre 122 $57.00 $6,954.00 $6,954.00





Metre² 1532.5 $60.00 $91,950.00 $91,950.00


Sets 2 $1,500.00 $3,000.00 $3,000.00

14Netball Court Infrastructure - goal posts and padding

Sets 2 $1,500.00 $3,000.00 $3,000.00

15New LED Lighting system including foundations for first 2 courts in stage 1 (conduits already in) and full lighting

system for Stage 2. Assuming existing power supply is adequate. No. of Courts 2 $85,000.00 $170,000.00 $170,000.00

$613,610.32 $506,335.32

$61,361.03 $50,633.53

$674,971.35 $556,968.85

$986,264.32 $801,289.32

$98,626.43 $80,128.93

$1,084,890.75 $881,418.25



P.2 Allowance for 4 x Grandstands allow 2 $40,000.00 $80,000.00 $80,000.00

P.3 Synthetic grass surface for 2 tennis courts only (replaces item 12 in stage 1) Metre² 1110 $40.00 $44,400.00 $44,400.00

P.4 Basic acrylic playing surface (replaces item 12 in stage 1 and item 12 in stage 2) Metre² 1110 $18.00 $19,980.00 $19,980.00

Notes:




4







NUMBER OF COURTS: 4 (IN 2 STAGES)



FULL CONSTRUCTION Courts 1-2 - Part of 2 stages as per Concept Design Plan 1 dwg no 1808038 -

TENNIS COURT WORKS - stage 1, 2 tennis courts only


The above lighting cost estimate does not include power supply Authority consolidations or power supply upgrades should existing power supply into the site be deemed inadequate for the proposed lighting needs.

2MH Consulting recommend that council factor in the adequacy of the existing supply as a priority as power authority charges for power supply upgrades can be significant.




FULL CONSTRUCTION Courts 3-4 - Part of 2 stages as per Concept Design Plan 1 dwg no 1808038

NETBALL/TENNIS COURT WORKS - stage 2, 2 Multi-sport courts only




TOTAL STAGES 1 AND 2 - FULL CONSTRUCTION


TOTAL STAGES 1 AND 2 - FULL CONSTRUCTION WITH 10% CONTINGENCY

PROVISIONAL ITEMS - FIGURES INCLUDE BOTH STAGES 1 AND 2


7 August 2018 Fee Proposal no. 1107

Kim Brearley Project Delivery Engineer Hilltops Council Locked Bag 5, Young NSW 2594 Via email: [email protected]

Hi Kim, RE: Young Tennis Club (12 Tennis Courts & Car Park) & Boorowa Tennis Club (4 Tennis Courts) Detailed Design It is with great pleasure that we provide the following fee proposal for the below mentioned services for the Young & Boorowa Tennis Clubs.

Item no.

Fee proposal – Detailed Design Fee excl

GST

1

Civil Engineering Design for 12 Tennis Courts & Car Park (Young) - Site Visit - Detailed Stormwater Design & Drafting of Plans for courts & Car Park - Geometric Design of Courts & Car Park - Court & Car Park Construction Set Out Plan (incl. tennis net posts) - Detailed Pavement Design for courts & Car Park - Court Line marking details - Tree Root Barrier details - Schedule of Quantities for Civil Construction

$24,000.00

2

Structural Engineering Design (Young) - Site Visit - Advice on appropriate pavement design - Light Tower Footing Design - Fencing design and footings - Shelter Design drawings and Structural Computations - Drafting of Structural Details - 1507 Certificate of Compliance (structural design)

$3,800.00

3

Detailed Lighting & Electrical Design (Young) - Assessment of existing power capacity into the site for the courts and bowling club - Liaise with power authorities to co-ordinate power upgrade - Detailed lighting & electrical design for 12 Tennis Courts (2-3 stages)

$6,900.00

4

Detailed Landscape Plan (Young) - Preparation of draft Landscape Concept Plan for discussion and to inform detailed design (to include staging, proposed plant species, finishes, furniture, pedestrian pathway layout and finishes. - Detailed design documentation for inclusion into tender documents to enable a 2-staged tender and construction approach.

$7,800.00




5

Civil Engineering Design for 4 Tennis Courts (Boorowa) - Site Visit - Detailed Stormwater Design & Drafting of Plans for courts - Geometric Design of Courts - Court Construction Set Out Plan - Detailed Pavement Design - Court Line marking details - Tree Root Barrier details - Schedule of Quantities for Civil Construction

$8,000.00

6

Structural Engineering Design (Boorowa) - Site Visit - Advice on appropriate pavement design - Light Tower Footing Design - Fencing design and footings - Shelter Design drawings and Structural Computations - Drafting of Structural Details - 1507 Certificate of Compliance (structural design)

$2,800.00

7

Detailed Lighting & Electrical Design (Boorowa) - Site Visit - Assessment of existing power capacity into the site for the courts - Liaise with power authorities to co-ordinate power upgrade - Detailed lighting & electrical design for 4 Courts (2 Tennis + 2 multi-use Netball-Tennis)

$5,000.00

8

Preparation of Detailed Design Specifications. (Young & Boorowa) A tennis court design specialist will prepare a detailed set of specifications that supports the engineering and lighting design drawings. The document will outline all site-specific requirements of the project and it will stipulate all relevant standards and the expected quality to be delivered.

$6,000.00

Total fee $64,300.00

plus GST Please Note: This Fee Proposal is valid for 30 days Our Terms of Payment are strictly 14 days from date of invoice If you elect to proceed with any of the above costed works, please sign and date below and return to the 2MH Consulting office at earliest convenience. Please do not hesitate in contacting me should you require any further information.

Yours sincerely,

Mick Hassett Director

Client Agreement I______________________, on behalf of ____________________ on this day _______________, hereby engage 2MH Consulting P/L. To proceed with the works mentioned above.

_______________________ Signature



No allowance has been made for the following items, given that these services are normally only required on a case by case basis. However, a revised fee can be provided for these services as requested or required;

➢ Above costings are based on the design of both sites being awarded together, with the site

inspections to be held in the one trip, and one combined Technical Specification for Tender

document. If it is required to be separated into 2 projects, additional fees will apply.

➢ Fees payable to Authorities

➢ It assumed that a Building Permit won’t be required, therefore no allowance has been made for

this service.

➢ Title (boundary) survey.

➢ Investigating drainage capacity of existing council drainage pipes or swales downstream of

development or the determination of the nominated legal point of discharge.

➢ Drainage design, if stormwater is to be retained on site for a period of time.

➢ Arborist advice and reporting (trees may have to be removed or pruned) – we do have a

preferred arborist that we work with, and we can provide a fee for his involvement – if required.

We have allowed for a Native Vegetation expert’s involvement, should advice be required on

the existing plantings on site.

➢ Please note that not all underground services are detectable. If services are detected within the

works area they will have to be proven (pot holed) as part of the design works. Potholing has not

been allowed for in our fees nor has acquiring associated build over permits from authorities – if

required.

➢ Lighting and electrical design work includes – Review site supply and liaise with the relevant

authority for a point of connection. Design of switchboards and controls, electrical services and

reticulation for lighting and power needs.

Our fees for additional works costed at our current hourly rates are as follows; 2MH Consulting $180/hr plus GST Civil and Structural Design Consultant $250/hr plus GST


President

Boorowa Tennis Club Inc.

Dear Kim

After our recent discussions and consultations on the development of the new tennis courts as part

of the sporting complex at the Boorowa showgrounds, the Tennis Club would like to advise council

on the preferable options for the courts constructions.

Option 1

Our first option would be for the concrete base option with the rubberised acrylic‐playing surface.

Option 2

Second option would be asphalt base with rubberised acrylic‐playing surface.

We understand that the finalisation of the courts constructions will not be available until the final

tender process is completed. We understand that this may involve comprises on court surfaces and

infrastructures to obtain these courts. We would like to be part of this process and appreciate the

friendly and informative consultation that has taken part thus far.

We look forward to working with council in completing this project and the benefits it will bring to

our club and the whole Boorowa Community.

Kind regards


24 October 2018


199

18/242 – ENDORSEMENT TO EXPEND FUNDS AND ESTABLISH COMMITTEE FOR THE MURRUMBURRAH FLOOD STUDY Reference: File No. F39.05 Responsible Officer: Acting Director Infrastructure Services PURPOSE The purpose of this report is for Council:

1) To endorse the carryover of $32,400 (excluding GST) from the 2017/2018 budget to complete the Murrumburrah Flood Study

2) To endorse forming a non-Section 355 committee to act as the Floodplain Management Committee.

3) To endorse the members of the Committee and nomination of a Council representative to sit on the Committee.

REPORT In December 2017, the Council’s grant for completing a Floodplain Risk Management Study and Plan (FRMS&P) at Murrumburrah, NSW was approved by the NSW Office of Environment and Heritage. The grant was on a 4:1 funding arrangement up to a total of $162,000 (excluding GST). The Council contribution to this study is $32,400 (excluding GST). In September 2018 a Request for Tender (RFT) was released through VendorPanel for the provision of consultant services relating to the completion of a FRMS&P. This RFT closed on 2 October 2018 with six (6) responses. Following the tender review process WMA Water was selected as the preferred tenderer. At this stage Council staff have not yet awarded this tender until the final project work plan has been submitted by the preferred tenderer and been approved by Office of Environment and Heritage (OEH). The WMA Water proposal is $107,060 (excl. GST), leaving a project contingency of $54,940 (excl. GST). Some of the contingency will likely to be used to undertaken detailed survey works (topographic and floor level), pending understanding of these requirements. This has been indicatively costed by WMA Water at $10,000 (excl. GST). Pending endorsement of the funding agreement, WMA Water will be engaged in line with the Assistant Director Infrastructure’s Delegated Financial Authority under section 377 of the Local Government Act 1993.


24 October 2018


200

In line with the NSW Floodplain Development Manual 2005, to undertake a FRMS&P, a Floodplain Management Committee is required to be established to:

Provide oversight and guidance to the consultation during the development of the FRMS&P

Provide historical information on floods within the region Provide input and guidance into the Management strategies and

techniques Ensure the services and FRMS&P meets the Council, NSW Government and

community requirement Act as representatives for the respective organisation / group

The Floodplain Management Committee will be made up of the following representatives:

Hilltops Council o Matt Batley – Committee Chair o Mark Crisp o Sharon Langman o 1 Councillor (to be nominated)

Office of Environment and Heritage o Nathan Pomfret

Harden Regional Development Committee o Tony Holland o Darren Sargent

NSW State Emergency Services o Roslyn Brickford

Community Member o Lorraine Brown o Mike Bickford


Local Government Act

CONSULTATION

The engagement of the consultant and establishment of the committee will support the community engagement activities during the FRMS&P.

Committee nominations were sought from the community through a newspaper advertisement and social media posts (27 September – 17 October 2018).


24 October 2018


201

FINANCIAL IMPLICATIONS This endorsement will include approval to expend funds up the grant expenditure cap. The project will be funded through a mixture of funding sources as outlined below. Funding Source Funded Amount

(GST excl) OEH Grant $129,600 Hilltops Council Reserves $32,400 Total $162,000 The expected expenditure per financial is outlined below: Funding Source FY18/19 FY19/20 Uncommitted Total OEH Grant $29,800 $55,848 $43,952 $129,600 Hilltops Council Reserves $7,450 $13,962 $10,988 $32,400 Total $37,250 $69,810 $54,940 $162,000 There will be no financial reimbursement for costs incurred by community members with their role on either working group. RECOMMENDATION It is recommended that Council;

1. Endorse the carryover of $32,400 from the 2017/18 budget into the 2018/19 budget to undertake the Murrumburrah Flood;

2. Endorse the establishment of the Floodplain Risk Management Committee; 3. Endorse the selection of members outlined above; and 4. Nominate a Councillor to be a member of the Floodplain Risk

Management Committee


24 October 2018


202

18/243 – HILLTOPS WORKS REPORT

Reference: File No. F162.00 Responsible Officer: Acting Director Infrastructure Services

PURPOSE

The purpose of this report is to provide information of works completed in the previous month and works planned for next month.

REPORT

Works Completed: 16 September 2018 - 15 October 2018 Maintenance grading

Western Creamery Road 0.55km between Calabash Lane and Swamp Road. Memagong Lane 10.6km between “Stumpjump” and 4th stock grid. Calabash Lane 0.3km to Creamery Road. Murrays Lane 1.02km between Memagong Lane and 2nd stock grid at top of hill. Narellan Road 2.5km from Murringo Gap Road. Waihemo Road 2km from Narellan Road. Highbank Lane 10.6km between Milvale Road and “Littlebrook”. Tumbleton Lane 1km from Highbank Lane. Tumbleton Lane 4km to Regan Road.

Eastern Woolpack Road 9.3km from MR56 Lachlan Valley Way to end of road. Caringa Road 4.5km from Woolpack Road to end of road. Ironbark Lane 7.6km from Frogmore Road to end of road.

Southern Linden Road 12.5km between MR84 Burley Griffin Way to Hill Street (Galong). Beulambil Road 4.3km between Galong Road to boundary. Kilarney Road 1.2km between Beulambil Road to boundary. Gramma Road 2.9km between MR381 Jugiong Road to Galong Road. Milgadara Road 3.8km between Moppity Road to boundary. Douglas Gap Road 5.9km between Moppity Road to former boundary marker. Peakview Road 1.6km between Moppity Road to


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boundary. Boundary Road 5.8km between Bibringa Road to boundary. Back Wombat Road 2.3km between Boundary Rd to Race Creek Road. Manning Street 0.8km MR84 Burley Griffin Way to Race Creek Road. Race Creek Road 2.1km between MR84 Burley Griffin Way to Wilsons Lane. Caroona Road 2.1km between Bibringa Road to Back Wombat Road.

Gravel resheeting

Western Narellan Road 0.7km starting 300m from Murringo Gap Road to 1km in. Creamery Road 0.55km between Calabash Lane and Swamp Road. Murrays Lane 0.18km between Memagong Lane and 2nd stock grid at top of hill. Memagong Lane 0.3km near Memagong Creek. Highbank Lane 1.1km between culvert and Tumbleton Lane.

Eastern No resheeting at the moment. Southern Cobbler Road 2.84km between Hume Highway to

boundary gate. Hillbank Road 2.1km between Nimby Road and Council boundary.

Sealed road repairs

Western Minor repairs on various roads.

Eastern Boorowa town streets (all streets). Heavy patching MR248 Rugby Road from Oak Hill to Saltwater Creek. Minor patching MR56 Lachlan Valley Way from Yass Valley boundary to Cowra boundary. Minor patching where required. Pothole patching where required. Minor sign replacements.

Southern Minor pavement defect hand patching on various roads.

Construction Projects

Western Whiteman Avenue shared footpath complete. Crowther Bridge replacement on Scenic Road (95% complete). Shared linkage pathway - Wombat Street to Gus Smith Oval (80% complete); Zouch Street to Gus Smith Oval (85% complete). Wambanumba Bridge side track (90% complete). McHenrys Bridge abutment pads for crane lift


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complete. Eastern Bennetts Springs Bridge scour protection and mass

block installation (75% complete). Boorowa Showground amenities building and water/sewer lines installation (90% complete). Frogmore heavy patching (95% complete).

Southern Building Capital upgrade at Mechanic Institute gutter commenced. Murrumburrah landfill fencing. Murrumburrah Showground linkage pathway complete. Chinese cemetery footpath, boulders and fencing commenced. Newson Park Educational Cycle pathway (95% complete).

Parks and Gardens

Western

Alfred Oval drainage works complete. Alfred Oval closed for rejuvenation (30% complete). Major Rugby League Masters carnival (13-14 October). Winter sports complete. Maintenance to Young Aquatic Centre in preparation for opening in October. Renovate and fertilise cricket pitches and turf on sporting fields and ovals (70% complete). Linemarking for schools, Rugby League and Athletics Club. Check irrigation lines – ongoing. Routine maintenance and mowing of recreational grounds, sporting ovals and reserves – ongoing. Check lights – ongoing. Street tree pruning – ongoing. General maintenance of CBD – ongoing.

Eastern Tree replacement. Roadside tree maintenance. Marsden Street pruning, hedging and replanting. Maintenance on ovals for winter sports. General operation and maintenance.

Southern Neill Street garden maintenance. Cemetery mowing. Park maintenance and mowing.


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Water Supply and Sewerage Works

Western Capital Works: - Drainage works at Alfred Oval – complete.

Campbell Street Bridge 900mm stormwater line complete – contractors. Templemore Street water mains works – ongoing. Operation and maintenance:

- Water meter replacement – approx. 200 - Water meter bursts during September - 0 - Water service leaks – 10 - Water main breaks – 3 x 100mm lines - New water service connections – 4 - Sewer chokes – 25 - Sewer renewal boundary shafts – 2 - Hydrant maintenance throughout town – ongoing - General operation and routine building maintenance –

ongoing - Water quality testing and monitoring – ongoing

Eastern Capital works: - Extension of water main to Boorowa Showground

Operation and maintenance: - Water meter replacement – 8 - Water service repairs and leakages – 4 - Water main breaks – 0 - New water service connections – 0 - Sewer chokes – 12 - Sewer renewal at boundary shaft – 0 - General operation of Water treatment plant and Sewer

treatment plant, routine maintenance and inspection of one reservoir – ongoing.

- Water quality testing and monitoring - ongoing Southern Capital works:

- Sewer rehabilitation works (junction sealing) – ongoing Operation and maintenance:

- Water meter replacement – 0 - Water service repairs and meter burst – 4 - Water main breaks – 3 - New water service connections – 0 - Sewer chokes – 3 - Sewer renewal at boundary shaft – 0 - General operation of Sewer treatment plant, routine

maintenance and inspection of seven reservoirs – ongoing. - Water quality testing and monitoring – ongoing

Water meter readings


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Works Planned: 16 October 2018 - 15 November 2018 Maintenance grading

Western Koorawatha area, Murringo Flats Road, Nine Mile Gap Road, Monteagle SR East and West, Murringo area estimated completion end of October weather permitting.

Eastern Willowmere Lane, Kennys Creek Road, Battery Road, Cocomingla Lane, Bennetts Springs Rd.

Southern Holman Road 10km from Back Demondrille Road to Currawong Road. Merton Road 2km from Currawong Road to Holman Road. Hartfield Road 5.73km from Currawong Road to end of road. Broken Dam Road 7.87km from Currawong Road to Kingsvale Road. Bonnington Road 2.1km from Kingsvale Road to Back Creek Road.

Gravel resheeting

Western Murringo Flats Road, Milo Road, Maloneys Road, Geegullalong Road estimated completion end of October weather permitting.

Eastern Where required when maintenance grading. Southern Broken Dam Road (RTR). Sealed road repairs

Western MR78 Olympic Highway heavy patching estimated completion date early December weather permitting. Minor patching as needed.

Eastern Minor patching where required on Boorowa town streets, MR248 Rugby Road, MR56 Lachlan Valley Way. Sealed road pothole patching. Minor sign replacements.

Southern Minor repairs on various roads. Construction projects

Western Young Sporting Fields Shared Pathway Linkages in Binalong Street to Gus Smith Oval; Trafalgar Street to Gus Smith Oval; Gus Smith Oval to Cranfield Oval; Thornhill Street to Mackenzie Street – estimated completion unknown at this stage. Wambanumba Bridge is closed, and traffic diverted onto side track. Wambanumba Bridge side track sealing estimated completion mid-October. Old Scenic Road/Crowther Creek wooden bridge to be removed.

Eastern Murringo Road reconstruction.


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Cunningar Road reconstruction. Showground carpark and Recreation Park playground construction.

Southern Mechanic Institute – capital upgrades to building including gutter replacement, painting, electrical, flooring, kitchen and amenities works. Murrumburrah Landfill fencing. Chinese Cemetery boulders and fencing. Newson Park Educational Cycle pathway. Witton Street (Harden) concrete dish drain. Bent Street (Galong) kerb and gutter works.

Parks and Gardens

Western

Planting of Summer annuals (estimated completion by end of October). Alfred Oval closed for rejuvenation (weather permitting). Routine checks on irrigation at Young Aquatic Centre. General renovation of ovals (estimated completion end of October). Street tree planting in Wombat Street. Revegetation of creek area in Gordon Street. Linemarking for schools and Athletics Club. Cricket pitch preparation for all matches played during cricket season (estimated completion end of March 2019). Renovation of turf on sporting ovals – ongoing depending on usage. Check all irrigation lines and sprinklers – ongoing. Routine maintenance and mowing of recreational grounds, sporting ovals and reserves – ongoing. Check lights – ongoing. Street tree pruning – ongoing as needed. General maintenance of CBD – ongoing.

Eastern Preparation for Annual Football/Netball Carnival and Reeds Flat Gymkhana. General operation and maintenance.

Southern Tree replacement. Neill Street garden maintenance. Cemetery mowing. Park maintenance and mowing.


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Water Supply and Sewerage Works

Western Water Capital works: - Cowra Road water main renewal (70% complete) – to

recommence once RMS clear underbores and road crossings. - Templemore Street water mains works – ongoing. Sewer mains renewal and mapping location of services in Lighting

Lane and Lynch, Nasmyth and Zouch Streets – ongoing. Operation and maintenance: - Water mains scouring and flushing - Pool opening - Hydrant maintenance throughout town – ongoing - Water meter replacement program – ongoing - General operation and routine building maintenance – ongoing

Water meter reading commenced (estimated completion late October).

Eastern Operation and maintenance: - Water mains scouring and flushing – equipment hire permitting - Pool opening - Water meter replacement program – ongoing - General operation and routine building maintenance ongoing.

Southern Water capital works: - Water main renewal on corner of Bathurst and Albury Street and

cross-over (awaiting RMS approval) - Works on telemetry system Operation and maintenance: - Water mains flushing - Water meter replacement program – ongoing - General operation and routine building maintenance – ongoing

RECOMMENDATION It is recommended that Council; receive and note the information provided on works completed and works planned.


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18/244 - ACTION SUMMARY REPORT Reference: File No. F23.00 Responsible Officer: General Manager PURPOSE To provide Council with a summary of actions undertaken on Council resolutions ATTACHMENTS Attachment 1 - Action Plan RECOMMENDATION It is recommended that Council;

1. note the status of Council resolutions from the Action Plan; and 2. endorse the removal of completed items from the Action Plan.

Reference Action Related Officer Status Expected Time Frame

Completed

16/148 POTENTIAL SALE OF COUNCIL INDUSTRIAL LAND – LONG STREET BOOROWA GM Jun-192. offer proposed Lot 1 of the subdivision for sale by tender process once the development application has been approved; and 3. set a reserve in accordance with the value provided in the report.

Not yet commenced - delayed by site review of depot; and a reserve to be set when/if offered for sale.

16/149 SQUIRES CREDIT SAIL REPORT EDCCThat Council remain part of the class action and note the proceedings to date. No new advice received Nov-18

16/198 PROPOSED ROAD CLOSURE WHITES RD AND LAND ACQUISITIONS WICKHAM RD DI Nov-18

28 September 2016

23 NOVEMBER 2016

2. Close those sections of the western end of Whites Road as shown on CPC Land Development Consultants Plan No. 18025 ’A’ to provide land for compensation for the road widening of Wickham Lane; 3. Approves the acquisition of that portion of land shown as ‘Road Widening 980m2’ on CPC Land Development Consultants Plan No. 18025 ‘A’ from lot 14 DP 1083257 for public road under the provisions of the Land Acquisition (Just Terms Compensation) Act 1991 for the purposes of the Roads Act 1993 and the making of the necessary application to the Minister and/or Governor 4. Executes an Acquisition Agreement with the Landowner of lot 14 DP1083257 5. Transfers land shown in green as ‘Road Closure Area Approx. 1000m2’ on CPC Land Development Consultants Plan No. 18025 ‘A’ to the owner of lot 14 DP1083257 by way of compensation 6. Approves the acquisition of that portion of land shown as ‘Road Widening 693.9m2’ on CPC Land Development Consultants Plan No. 18025 ‘A’ from lot 681 DP 754611 for public road under the provisions of the Land Acquisition (Just Terms Compensation) Act 1991 for the purposes of the Roads Act 1993 and the making of the necessary application to the Minister and/or Governor 7. Executes an Acquisition Agreement with the Landowner of lot 681 DP 754611 8. Transfers land shown in orange as ‘Road Closure Area Approx. 1000m2’ on CPC Land Development Consultants Plan No. 18025 ‘A’ to the owner of lot 681 DP 754611 by way of compensation. 9. Notes the that the exact areas of land acquired and land provided in compensation will be determined through the areas as shown on the linen plans of subdivision prepared to allow the acquisitions and road closures. 10. Apply the common seal of Council to all necessary documentation.

DI Survey plans being finalised for acquisition in the third quarter.

Mar-19

17/93 ♦ Hilltops Access Committee Meeting Minutes - 12 April 2017That Council endorses;1. The development of a policy/standard for the application of urban house numbers; 2. Develop a phased implementation plan for the Hilltops Local Government Area; 3. Apply funds previously allocated by the former Young and Harden Councils to engage a contractor to carry out the implementation plan;

DSG/DI Options paper has been presented to the July Committee Meeting to be reviewed and re-represented to the December 2018 Committee Meeting; progress is currently being made on finalising urban addressing in Jugiong and Galong; and Will require results from options paper prior to actioning this item

Dec-18

22 February 2017

22 March 2017

LAND ACQUISITION FOR ROAD WIDENING PURPOSES AT VARIOUS LOCATIONS AS FOLLOWS; 1. Lot 935 DP 75461 PARISH OF YOUNG, COUNTY OF MONTEAGLE PATERSONS LANE, YOUNG (Owner, William Blackwood) 2. Lot 2 DP 733721 PARISH OF YOUNG, COUNTY OF MONTEAGLE SPRING CREEK ROAD, YOUNG (Owner, Peter Mullany) 3. Lot 542 DP 754611 PARISH OF YOUNG, COUNTY OF MONTEAGLE TUMBLETON LANE, YOUNG (Owner, Charles & Yolanda Mullany) 4. Lot 2 DP 754611 PARISH OF YOUNG, COUNTY OF MONTEAGLE TUMBLETON LANE, YOUNG (Owner, Geoffrey Edgerton) 1) The Seal of the Hilltops Council be applied to the ‘Deed of Agreement’ for each of the 4 property owners formalising the land acquisition for road widening purposes as follows; I. Lot 935 DP 75461 PARISH OF YOUNG, COUNTY OF MONTEAGLE PATERSONS LANE, YOUNG (Owner, William Blackwood) 33.5m2 at a total value of $13.06 inc GST and fencing cost of $605 inc GST for a total compensation cost being $613.06 inc GST. II. Lot 2 DP 733721 PARISH OF YOUNG, COUNTY OF MONTEAGLE SPRING CREEK ROAD, YOUNG (Owner, Peter Mullany) 298.1m2 at a total value of $658.80 inc GST, total compensation cost being $658.80 inc GST. III. Lot 542 DP 754611 PARISH OF YOUNG, COUNTY OF MONTEAGLE TUMBLETON LANE, YOUNG (Owner, Charles & Yolanda Mullany) 24.4m2 at a total value of $20.52 inc GST, total compensation cost being $20.52 inc GST. IV. Lot 2 DP 754611 PARISH OF YOUNG, COUNTY OF MONTEAGLE TUMBLETON LANE, YOUNG (Owner, Geoffrey Edgerton) 80m2 at a total value of $26.37 inc GST and fencing cost of $330 inc GST for a total compensation cost being $356.37 inc GST.

2) The following terms of compensation be applied; a. Council meeting the cost for the preparation of plan of subdivision; b. Council meeting all legal costs; c. Council purchasing the area of land at its pro-rata rateable value; and d. Council meeting the cost of any fencing required.

DI GGM have advised legal administrative proceedures are being undertaken with the property owners.

Oct-1817/28

17/164 ♦ Local Traffic Committee - 6 June 2017 DIItem 17/12: Weedallion Road1. Engage a registered surveyor to undertake a boundary identification survey to identify the road reserve property boundaries in relation to the existing fence lines and to include identifying the centreline horizontal alignment of the road and location of trees that are in close proximity of the existing road formation with a view to proposing a realignment of the road formation; 2. Design horizontal and vertical alignment improvements to the reverse curve to maximise the line of sight at this location; 3. Discuss design options with the Weedallion local community representatives and obtain commitment to land donation and fencing required; and 4. Receive a further report on preferred road design and land acquisition arrangements.

DI A road alignment survey plan has been received from CPC Land Development Consultants. Staff to investigate if the existing road alignment can be improved by a cost effective realignment to improve the drivers line of sight. Staff have lodged a grant funding application for this project. A furthur report will be presented to Local Traffic Advisory Committee.

Oct-18

♦ Galong Progress Association - 29 June 2017 DI17/227 That Council approves the VPA Steering Committee recommendations;

3. Engage consultant to assist in development of a long-term plan DI Consultant engaged Dec-18♦ Hilltops Access Committee - 9 August 20172. the provision of a bus stop in, or close to, the main street be considered as part ofthe transport planning process required for the proposed new library.

DI being considered in the planning stage of the proposed new library

Dec-18

17/232 1. An audit be undertaken of all Council’s facilities to assess accessibility andprovide a programme that includes priority listing and timeframe for the upgrading,where necessary, of facilities;

DI To be included as part of Buildings Asset Management Plans, linked to 17/290-8

Dec-19

2. The Disability Inclusion Action Plan be updated to reflect the programmeidentified by the audit

EDCC As above Dec-19

17/262 COMMITTEE REPORTS

¨Galong Limestone Mine VPA Steering Committee Meeting Minutes - 12 September 2017Item 17/08: 1. Council identify a suitable standing area for trucks on Limestone, to avoid travelling through the Galong village prior to the 7:00am curfew.

DI Concepts prepared by staff and presented at VPA meeting agreed at Feb VPA meeting to defer this item further until Sibelco plans are clarified. Funding Application made via HVSPP for project in April 2018.

Dec-18

28 June 2017

26 July 2017

27 September 2017

17/290 DONATIONS AND FINANCIAL ASSISTANCE RECOMMENDATIONSThat Council; EDCC8. That staff provide a report on access needs across Hilltops to Council with a viewto potentially allocating future funds towards access and that further funds are notallocated until the report is provided.

This is dependent on the audit being undertaken on buildings from an access point of view. See 17/232

Dec-19

17/299 BIOSECURITY (WEEDS) FUNCTIONS OF HILLTOPS COUNCIL That Hilltops Council; establish a s355 Weeds Management Committee, with community representatives, and staff on the committee and the Mayor and General Manager seek a meeting with the relevant Minister. DSG

Currently under review Nov-18

17/306 Bunyip Pre-School and Long Day Care Centre That Council; accept the funding and work with Bunyip Pre-School and Long DayCare Centre for an Educational Scooter and Cycleway Project.

DI Path construction completed. Signage and seating on order.

Nov-18

17/310 CONTRACT FOR THE PROVISION OF SERVICES AT THE KRUGER MEDICAL CENTRE1. agree to a right of renewal for Geetanjali to operate out of the Kruger MedicalCentre on the proviso that the contract terms including license fee are reviewedand mutually agreed upon

EDCC Stocktake of chattels to be undertaken. Hoxtons have provided Matrix to be included in the renewed contract. Current contract expires 31/12/2018

Dec-18

17/358 SISTER CITY REPORTThat Council; Develop a clear Sister City/Sister Council Strategy EDCC Strategy to be worked through with Economic

Development and Tourism Committees prior to coming back to Council.

Oct-18

17/364 MAYORAL REGALIA EDCCThat Council; comission a design for a new set of Mayoral Chains; to be locatedwith the Mayor

Designs presented and feedback being sought. Oct-18

17/373 INTEGRATED WATER CYCLE MANAGEMENT UPDATE AND SAFE & SECURE WATERPROGRAM2. lodge a grant funding application under the Safe and Secure Water Programrequesting 50% funding for the business case phase of the project

DI The funding application has been submitted to NSW Water Safe and Secure funding to enable the detailed options assessment works to be finalised, confirm the preferred option, finalise the pipeline route, undertake a site survey, geotechnical investigations, determine any easements, prepare a concept design, and prepare a more detailed cost estimate that can be used to inform a Business Case application Tender documents are being prepared to undertake this next phase of detailed options assessment works once the project funding has been approved

Jun-19

17/376 Item 17/22 – Streetscape Beautification, Riverside Drive and Jugiong Road Precinct, Jugiong

DI Further consultation completed - report to October 2018 Meeting

Oct-18

1. Staff to engage in discussions with RMS the process to implement a 40km/h HighPedestrian Activity Area for Riverside Drive, Jugiong Road and Prudence Street forthe area as generally indicated by the streetscape beautification plans.

DI With RMS in line with the provisions of the Master plan.

Dec-18

17/377 Hilltops Floodplain Management Committee – 12 December 2017 That Council; adopt the recommendations of the Hilltops Floodplain Management Committee Minutes – 12 December 2017: 1. That the General Manager be delegated to commence negotiations with the private land owners for the construction of the basins required for Stage 1A Young Trunk Drainage Upgrade scheme

DI Commenced negotiations with 3 land owners who will be impacted by the construction of the basins

Dec-18

25 October 2017

20 December 2017

18/08 1. Endorse the list of village workshop dates; VillageMaimuru - TBA Milvale - 14 November 2018 Monteagle - 13 February 2019 Murringo - 13 March 2019 Reids Flat - 10 April 2019 Rugby - 15 May 2019 Rye Park - 12 June 2019 2. Delegate the General Manager to facilitate the organisation of each workshop.

GM List has been added to Council timetables

18/22 RE-ENDORSEMENT OF SECTION 355 COMMITTEES10. Endorse the Regional Weeds Committee, Hilltops Health Advisory, Galong Progress Association as nominated and undertake targeted advertising for further nominations to ensure better representation.

EDCC Targeted advertising occurred and positions have been filled. A further update on Healthy Shires to come to Council.

Nov-18 Completed

18/25 DRAFT CONTAMINATION POLICY - That Council defer the Hilltops Draft Contamination Policy for further consideration.

DSG Awaiting results from Waste Strategy before reporting back to Council

Nov-18

18/44 UPDATE ON COSTS ASSOCIATED WITH RATEPAYER - That Council; pursue the monies still outstanding to a sum of $40,000.00.

DSG Currently being pursued through our solicitors. Dec-18

18/45 COMMERCIAL PROPERTY YOUNG - That Council; endorse further investigation on the property with further report be brought back to Council.

AGM Valuation has been requested Dec-18

18/79 SEWER MAIN RENEWAL WORKS - 1. Award the contract for the, Sewer Main Renewal Works, in accordance with the recommendation contained within the confidential attachment; and 2. Set-aside $45,230.11 from Boorowa sewer funds for 2018/19 and $20,033.63 from Harden sewer funds for 2018/19.

DI Works commpleted at 80%. Completion due to be mid-November 2018

Nov-18

18/92 BOOROWA FLOODPLAIN RISK MANAGEMENT STUDY AND PLAN DI2. submit application for funding assistance for qualifying projects under theCommonwealth and State funded floodplain risk management programs currentlyadministered by OEH;

Need to wait until next round of funding next year

Jun-19

18/107 HARDEN STREETSCAPE IMPROVEMENTS – ARTC – RAIL PARK MUSEUM AND CARPARK EDCC/GM

1. Approach the ARTC and the NSW Government on the revitalisation of the precinct to discuss the potential lease/handover of the site as a community precinct; 2. Delegate the General Manager to negotiate a long-term lease agreement for the railway lands; and 3. That further investigation be carried out on the location of services any other issues on the site that will affect the potential success of the project.

Discussions held with State Rail and ARTC. Ongoing

Jul-19

24 April 2018

28 March 2018

28 February 2018

18/115 PUBLIC EXHIBITION OF INTEGRATED PLANNING AND REPORTING DOCUMENTATION

3. Review Council’s policies for the funding and delivery of infrastructure anddevelop a financial strategy to sustain the delivery of new assets in future budgetsand provide Council with a project plan including funding of asset managementplan development;

DI To be developed. Asset review completed - information to Council Workshop

Dec-18

4. Carry out a full review of the fees and charges for the Hilltops Council during2018/2019 to ensure that consistent charges are used across the Hilltops Councilincluding the charges for sporting field use;

EDCC Staff reviewing Fees and Charges in individual areas

Mar-19

5. Carry out a full review of the leasing and licence arrangement for Council ownedproperties;

EDCC Review commenced Dec-19

6. The budget allocation for plant be internally restricted and a plant managementcommittee be established to review the plant replacement programme

DI To be workshopped Nov-2018 Nov-18

18/129 JUGIONG VILLAGE SEWERAGE AUGMENTATION OPTIONS STUDY - That Council;considers the outcome of the option’s study for future adoption andimplementation.

DI Underway Dec-18

18/163 JUGIONG VILLAGE ADDRESSING STREET RE- NAMING - That Council; adopt the draft Jugiong Addressing Street Renaming as detailed in the report.

DI Staff completing numbering actions Oct-18

3. Replant with (2) suitable trees estimated cost - $400; and DI Master Plan - in progress Nov-1818/166 JUGIONG LANDSCAPE MASTER PLAN 1. adopt the recommendation that the

consultant be briefed on the public comments fully and to make current plan revisions from these comments and return current draft plans to Council for adoption at the August Meeting of Council; and 2. adopt the recommendation; that further landscape plans (second phase of planning works); to be compiled by the consultant to extend landscaping along Riverside Drive, from Jugiong Carpark to the eastern side of the service station and to include planting, footpath and street/pedestrian lighting and to also include current truck stop areas where in road reserve with additional local stakeholder consultation.

DI Plans currently being updated Oct-18

18/170 CUSTOMER SERVICES POLICY AND CHARTER AND COMPLAINT MANAGEMENT POLICIES1. Endorse the Hilltops Draft Customer Service Policy and Charter to be placed on public exhibition calling for submissions for 28 days.

18/266 EDCC 1 Submission received - further report to come to Council. 18/266 - That Council; engage external consultants to formulate a Customer Service Policy and metrics and undertake community engagement.

External Consultant to be engaged resolution 18/266

18/173 HILLTOPS COMPREHENSIVE LOCAL ENVIRONMENTAL PLAN PREPARATION1. A comprehensive Hilltops Local Environmental Plan be prepared that combines and reviews the existing LEPs in force within the local government area

DSG In progress Sep-20

18/181 REDHILL RESERVE COMMITTEE MEETING RECOMMENDATIONS FOR SIGNAGE AND GARBAGE BINS 1. Endorse the location and conceptual design of the interpretative signage and cover structure in the centre of the reserve near the quarry area as indicated in the attachments; 2. Install ‘no parking’ signs near the tradesmen’s entrance on Pudman Street; 3. Install a directional sign at the Pudman Street roundabout to direct people to the Redhill Reserve; and 4. Install a garbage bin at each pedestrian entrance and place the bins on the schedule for regular collection of Council controlled litter bins.

DSG/DI Awaiting delivery of signs for installation Dec-18

23 May 2018

27 June 2018

18/197 PLANNING PROPOSAL - 8 WOMBAT STREET YOUNG – REVIEW OF SUBMISSIONSThat a draft site-specific Development Control Plan (DCP) to manage potentialimpacts of the vehicle sales or hire premises and carpark for review by Council.

DSG Draft DCP placed on public exhibition Jan-19 Jan-19

18/200 ESTABLISHMENT OF COMMUNITY WORKING GROUPS FOR BURRANGONG CREEK ANDBLACKGUARD GULLY PROJECTS

EDCC Report to 26 October 2018 Meeting Oct-18

1. Establish a small working group of community members (maximum 3 people) forboth the Burrangong Creek and Blackguard Gully projects;


2. provide a nomination period for 3 weeks to be open from 26 July 2018 to 16August 2018; and


3. should more than 3 expressions of interest be received for each project workinggroup Council will make a determination to either expand the working group size orCouncillors will select the nominees.


18/202 SECTION 355 COMMITTEE UPDATEThat Council defer item 18/138 – Section 355 Committee, to August 2018, meeting ofCouncil.

EDCC Sep-18 CompletedMotion that Council; 1. Note the resignation of Len Dopson from the Galong Progress Association Section355 Committee; 2. Endorse the nomination of Suzie MacDougall to the Galong Progress AssociationSection 355 Committee; and3. Endorse the Nomination of Judith Pugh and Marg Abbey to the Hilltops RegionalArts and Culture Committee Section 355 Committee.

EDCC Sep-18 Completed

18/215BOOROWA RECREATION PARK - TOILETS That a path be built off the main path to thenew amenities building which will be built on Pudman Street.

18/288 DIS 18/288 That Council; note the information and agree to proceed with the project. 18/215 Programmed for completion as part of the toilet replacement

Sep-18 Agreement to proceed with project - 18/288

18/216 BOOROWA SHOWGROUND PROJECT - FINANCIAL UPDATE - That the item bedeferred to September 2018 meeting of Council

18/284 DIS Withdrawn from 22 August 2018 Council Meeting - to be discussed September 2018 Meeting

Sep-18 Updated September-18 meeting

18/217 BOOROWA URBAN GROWTH - DEPOT RELOCATION AND ALTERATIONS - That Councilexpedite Geotech contamination testing on the site and bring back a report toCouncil for further consideration.

DIS In progress Oct-18

18/221 ENVIRONMENTAL INITIATIVES COMMITTEE REQUEST FOR NATIVE TREE POLICY - ThatCouncil prepare a policy for the planting of trees including street trees, trees inplaygrounds, parks and other public places.

DIS In progress Dec-18

18/228 CODE OF CONDUCT COMPLAINT JANUARY 2018 GM1. That Cr Walker undertake appropriate training in appropriate communicationand dealing with contentious issues within 3 months of the date of the resolution;

Training to be offered Oct-18

2. That Cr Walker be counselled for his conduct within 3 months of the date of theresolution; and

Training to be offered Oct-18

3. That Cr Walker apologise in writing to Cr Tuckerman in terms specified by theConduct Reviewer within 4 weeks of the date of the resolution.

Timeline not met - Office of Local Government advised

Oct-18

25 July 2018

18/234 HILLTOPS COUNCIL OFFICE CHRISTMAS CLOSE DOWN1. Endorse the closure of Council operations from 12 noon on Monday, 24 December 2018, with operations to reopen on Wednesday, 2 January 2019; and

GM Closure endorsed 12 noon Monday, 24 December 2018 to Wednesday, 2 January 2019 - skeleton staff over Christmas break

Jan-19

18/237 STRONGER COMMUNITIES AND STRONGER COUNTRY COMMUNITIES PROJECTS UPDATE1. receive and note the progress report on the Stronger Communities projects and the Stronger Country Communities projects; and2. That additional information be provided on:• Projects projected time of completion• Funds spent• Official openings for acquitted projects

EDCC Report at October Meeting Sep-18 Completed

18/239 SECTION 458 EXEMPTIONS FOR COUNCILLORS TO VOTE ON HILLTOPS LEP MATTERS - That Councillors complete the Declaration of Pecuniary Interests and submit a request to the Minister for Local Government for an exemption pursuant to Section 458 of the Local Government Act 1993, to allow participation in the comprehensive Hilltops Local Environmental Plan (LEP) decision making

DSG Oct-18

18/243 REMOVAL OF DEAD AND DANGEROUS TREES IN BOOROWA - 1. remove the dead Eucalyptus nicholii in Scott Street and the dangerous split E. macrocarpa in Ford Street; and 2. select option 2 - to remove both trees and replant 4 suitable trees.

DI Placed on works schedule - to be completed October 2018

Oct-18

18/244 TREE REMOVALS WITHOUT COUNCIL APPROVAL FOR HILLTOPS COUNCIL CONTROLLED AND MANAGED LAND 1. That a Tree Management policy be drafted and presented to Council after review by policy committee for development of a Hilltops Council Policy; 2. Add trees removed without Council permission to the tree Replacement Register and complete the planting of replacement trees at a ratio of 2:1 by end 2018/2019 financial year; and 3. Provide delegated authority to the General Manager, for the removal of dead trees or dying and dangerous trees with a Hazard Rating Score greater than 9 and a “High” intervention Level as identified through the standard Operational Procedure for tree inspection and Assessment, to limit Council’s exposure to Public Liability Risk.

DI Policy to be updated Oct-18

18/252 REGIONAL WEEDS COMMITTEE RECOMMENDATION ON COMMITTEE MEMBERSHIP - A report to Council regarding a plan for current operations of Hilltops Regional Weeds Services outlining: 1. financial issues; 2. current staffing position; and 3. a current plan on how these services will operate into the future.

DSG Under Review Nov-18

22 August 2018

18/262 COMMUNITY RECOGNITION SCHEMEThat Council forward a letter of congratulations to: 1. Young Tennis Centre and Colin Maher, on being nominated for two awards in theupcoming Tennis NSW awards; and 2. Young North Primary School aerobics team for winning the national title inBrisbane

Mayor Letters sent Sep-18 Completed

18/265 DRAFT HILLTOPS LEGISLATIVE COMPLIANCE POLICYThat Council; 1. endorse the Legislative Compliance Policy to be placed on publicexhibition for a period of 28 days calling for submissions;2. if any submissions are received that propose changes, or if there are substantialpost public exhibition changes proposed for any other reasons, a report besubmitted to Council for consideration detailing the public exhibition outcomes andwith further recommendations regarding adoption; and3. if there are no submissions received proposing changes as a result of the publicexhibition, or there are no substantial post public exhibition changes proposed forany other reasons, Council adopt the Legislative Compliance Policy.

EDCC Policy on public exhibition Nov-18

18/266 CUSTOMER SERVICES POLICY That Council; engage external consultants to formulate a Customer Service Policyand metrics and undertake community engagement.

EDCC Funding for project in quarterly budget review Nov-18

18/267 CARRINGTON PARK HERITAGE NEAR ME GRANT That Council; 1. Accept the $96,900 grant from the Heritage Near Me program andsign the Funding Agreement; and 2. Undertake community consultation and commence work on the projectdeliverables within the allocated timeframe

EDCC Documents executed Jun-19

18/268 DISTRIBUTION OF COUNCIL’S SPONSORSHIP FUND EDCC Groups notified Completed That Council; 1. Approve the sponsorship committees recommended projects (withconditions), to be funded in the 2018/2019 sponsorship program.

Young Society of Artists $1,500Hilltops Inc. $1,000Young Sports Advisory Committee $1,2500Young District Cricket Association $2,500Young PCYC $1,000Young Bowling Club $2,000Jugiong Golf Club $1,000Young Amateur Swimming Club $2,500Jugiong Writers Festival $3,000Young Dressage Association $2,500Harden Camera Club $750Wombat Parents & Citizens Association $1,500Young Meals on Wheels $1,000Friends of Christ Church, Jugiong (Village Map) $1,000Boorowa Community Landcare Inc. $1,500Hilltops Choir $1,000Harden CWA Branch $1,000Young Local Aboriginal Education Consultative Group $1,000Young Regional School of Music $1,000Margaret House - Women’s Refuge $2,500Harden Murrumburrah Rugby League Football Club $750Hilltops Naked Farmers $1,0002. Apply any remaining sponsorship budget to a second round in February 2019; and3. Provide funding of $2,500, to Milvale Progress Association, to cover their annual hall running costs and that this be funded from the Financial Assistance/Donations program budget.

Completed

18/271 PUBLIC LIBRARY FUNDING That Council; 1. Endorse, support and take a lead role in the local activation of the NSW Public Libraries Association and Local Government NSW library funding advocacy initiative, Renew Our Libraries. 2. Note the announcement by the NSW Government on 24 August 2018 of its intention to provide a $60m funding package for NSW public libraries for the quadrennial period 2019-20 to 2022-23. 3. Make representation to the Member for Cootamundra Stephanie Cooke and Member for Goulburn, Pru Goward MP, in relation to the need for ongoing additional funding from the NSW State Government for the provision of public library services.4. Write to the Hon. Don Harwin, Minister for the Arts and the Hon. Walt Secord, Shadow Minister for the Arts, calling for bi-partisan support for the provision of ongoing and indexed increases in state funding for NSW public libraries, supported by a sustainable future funding model. 5. Formally advise the NSW Public Libraries Association and Local Government NSW

EDCC Letters written Completed

18/272 SETTING OF A RENTAL FOR THE YOUNG GOLF COURSE That Council; 1. Endorse the change of leasee of the Young Golf Course from Young Golf Course Ltd to Young Services and Citizens Club Ltd; 2. the rental be set at $498 per annum; and3. a review be undertaken of the lease in line with Council’s Policy on Leasing and Licensing of Council Land and Buildings Policy every three years commencing in 2021

EDCC Documents received and signed Completed

18/274 DRAFT PESTICIDE USE NOTIFICATION POLICY AND PLAN FOR OUTDOOR PUBLIC PLACES-V 2.0 That Council; 1. Endorse the Hilltops Draft Pesticide Use Notification Policy and Plan for Outdoor Public Places to be placed on public exhibition calling for submissions for 28 days; 2. If there are substantial changes proposed for any reasons, a report be submitted to Council for consideration detailing the public exhibition outcomes and with further recommendations regarding adoption; and 3. If there are no submissions received proposing changes, or there are no changes proposed for any other reasons, Council adopt the Hilltops Draft Pesticide Use Notification Policy and Plan for Outdoor Public Places

DSG On public exhibition Nov-19

18/275 STATE HERITAGE REGISTER NOMINATION OF THE LOCATION OF THE LAMBING FLAT RIOT IN YOUNG That Council; acknowledge the heritage significance of the Carrington Park precinct and its potential state significance relating to the Lambing Flat anti-Chinese riots and work with the NSW Heritage Council in progressing the listing while ensuring the design and development of any future library and community facility within the precinct, adequately addresses the heritage significance.

EDCC Noted Completed

18/276 PROPOSED NAMING OF NEW ROAD, OFF FORSYTHE AVENUE, YOUNG That Council; 1. Agree to the proposal to name the new road, Nellee Place, and proceed to advertise the proposed name for 28 days; and 2. Provided no submissions are received in response to the advertising of the proposal, Council proceed to name the new road, Nellee Place.

DI

2016/DA-00119 REV02 – RESIDENTIAL AGED CARE FACILITY – 66 DEMONDRILLE STREET YOUNG That the matter be deferred

DSG

18/280 DRAFT YOUNG DEVELOPMENT CONTROL PLAN AMENDMENT – INCORPORATING PLANNING PROPOSAL VEHICLE SALES OR HIRE PREMISES 8 WOMBAT STREET, YOUNG That; the draft Young Development Control Plan Amendment 2, which incorporates site specific controls for vehicle sales and hire premise and carpark development on 2, 4-6 and 8 Wombat Street and 1 Murringo Street, Young, be placed on public exhibition for 28 days.

DSG On public exhibition Nov-19

18/281 REVIEW OF BIOSECURITY FUNCTIONSThat the matter be deferred.

DSG Under Review Nov-19

18/283 YOUNG AQUATIC CENTRE: STAGE 2 DESIGN That Council; approve the proposed concept design as detailed and proceed with the detailed design of Stage 2 of the Young Aquatic Centre.

DI Design is underway

18/284 BOOROWA SHOWGROUND UPDATE 1. The remaining additional works for the upgrades and renovation of the existing toilets and changerooms totalling $35,149.80 be deferred pending notification of the Stronger Country Communities Grant funding being approved; and 2. The nett project surplus of $2,740.41 be retained and used towards the upgrades and renovation of the existing toilets and changerooms.

DI Council is awaiting official confirmation of all the grant applications to enable the balance of the works to be completed Official notification expected late October/early November 2018Additional works will commence once official notification has been received

Mar-19

18/285 WILLAWONG STREET, YOUNG; PROPOSED TREE REMOVAL FOR SPORTS FIELD CONNECTING PATHWAY PROJECT That Council; Based primarily to minimise Councils exposure to public liability from incidents whilst pedestrians are crossing Willawong St Council adopts; 1. Option 2 being to Remove the first four Casuarina glauca (Swamp She Oaks) on the eastern side of Willawong Street to construct a 2.5-meter shared foot path; 2. Replace the four trees with a minimum of 25 Callistemon shrubs along the embankment to stabilise and prevent damage to Council infrastructure from high flow storm water events; and 3. Consider the construction of a pedestrian safety rail fence along the edge of the embankment.

DI Works to commence November 2018 Nov-18

18/286 MURRUMBURRAH CEMETERY TREE REMOVAL CHINESE CEMETERY That Council; based primarily to minimise Councils exposure to the potential damage to the heritage listed Chinese Cemetery Council adopts;1. Option 2 being the complete removal of the Eucalyptus melliodora (Yellow Box) adjacent to the heritage listed Chinese Cemetery; and 2. Complete the planting of up to twenty (20) trees and shrubs to enhance the aesthetic al e of the area s rro nding the Chinese Cemeter

DI

18/287 CEMETERY MANAGEMENT SYSTEM That the matter be deferred until the parameters around the Southern Phone dividend reserve is provided to Council

EDCC Information on Southern Phones Dividend sent to Councillors

Completed

18/288 BOOROWA RECREATION PARK TOILETS That Council; note the information and agree to proceed with the project.

DI Placed on work schedule Completed

18/293 LOCAL GOVERNMENT NSW ANNUAL CONFERENCE That Council approve; 1. Attendance at the 2018 LGNSW Conference by Mayor, General Manager and Councillor Roles; and 2. Determine its allocation of votes to delegates at the 2018 LGNSW Conference

GM

18/299 SECTION 355 COMMITTEE UPDATEThat Council; 1. Endorse Marg Abbey for the Hilltops Region Arts and Culture Committee Section 355 Committee

EDCC Letter sent Completed

18/300 That Council; 3. Invite the Lambing Flat Writers Group to nominate a representative to the Hilltops Region Arts and Culture Committee


18/301 That Council; 4. Note the resignation of Len Dopson from the Galong Progress Association Section 355 Committee


18/302 That Council move the following in a block; 5. Endorse the nomination of Suzie MacDougall and Edna Baker and Paula Phelan to the Galong Progress Association Section 355 Committee. 6. Endorse the Young Sports Advisory Section 355 Committee Schedule; 7. endorse Robert Everdell, Steve Brill, Peter Hall, Mark Crisp, Janine Hobson, Trish Patterson, Kere Mayo, Kelly Meddings, Jason Hall, Peter Brown, David Webster, Cheryl Matthews, Michelle Madden, Robert Bush, Andrew McIllhatton and Paul Cameron to the Young Sports Advisory Section 355 Committee.8. Endorse the re-establishment of the Hilltops Healthy Shires Committee.9. Endorse Heather Ritchie, Naomi Peters, Jeanette Lautier and Donna Davis to the Hilltops Healthy Shires Section 355 Committee. 10. Appoint Councillor Tuckerman and Councillor O’Connor, to the Hilltops Healthy Shires Section 355 Committee. 11. Endorse Alison Foreman and Rebecca Jones to the National Cherry Festival

EDCC Letters sent Completed

12. Endorse the appoint the newly elected members of the Murringo MCA inc as members of the 355 Committee of Council for the Murringo Halls: President – Gina Galvin; Vice President – Heather Ritchie; Secretary – Julie Downes; Treasurer – Carol Hewson; Members – Margaret Gillespie; Maureen Virgo; Tracey Jansen; Leah Coggan and Frank Baker.13. Endorse the appointment of the newly elected members of the Galong Progress Committee; President – Paul Phelan; Vice President – Edna Baker; Secretary – John Killick Jnr; Treasurer John Killick Snr

EDCC Letters sent Completed

18/304 That Council; 15. Endorse Councillor Rita O’Connor as Chairperson of the Regional Tourism Committee; schedule of meetings and locations for 2018; 14 August – Boorowa; 11 September 2018 – Young; 9 October 2018 – Harden; 13 November 2018 – Jugiong and schedule be adopted reflecting the objectives of the Hilltops Regional Tourism Committee; as requested by Regional Tourism Committee Meeting 26 June 2018

EDCC Completed Completed

18/305 That Council; 16. Accept the recommendations of the Hilltops Council Local Traffic Advisory Committee meeting (noting that the rescission motion period has expired); as requested by Hilltops Council Local Traffic Advisory Committee – 5 September 2018

DI Oct-18 Completed

LOADING ZONE, BOOROWA CENTRAL SCHOOL, PUDMAN STREET, BOOROWA. 1. That Council not install a ‘Loading Zone’ in Pudman Street at Boorowa Central School; and 2. ‘Staff liaise with RMS to seek funding for the upgrading of the School Crossing Kerb Blister Facility to the current standard at Boorowa Central School.’

DI Awaiting a response from RMS Dec-18

NO PARKING, CARAVAN PARK VEHICLE ACCESS, ALBURY STREET, HARDEN. That Council; approve the installation of ‘No Parking’ regulatory signage at the vehicle access to the Caravan Park in Albury Street, vicinity of 15 metres east side and vicinity of 7 metres west side of the vehicle access

DI Awaiting delivery of signs for installation Nov-18

18/19 – STOP/ GIVE WAY, WOMBAT STREET LANE, BETWEEN ALLANAN STREET and BERTHONG STREET, YOUNG. That Council; receives the report in relation to the Stop/ Give Way sign, Wombat Street Lane, Between Allanan Street and Berthong Street, Young; with no action to be taken and the situation to be monitored

DI Oct-18 Completed

SPEED LIMIT, MURRINGO ROAD, WESTERN APPROACH TO MURRINGO VILLAGE, MURRINGO. 1. That Council staff request RMS to undertake a speed limit review of the existing 50km/h speed limit location with the view to relocating the 50km/h speed limit west of the Murringo Creek Bridge on Murringo Road, to a suitable location so as to eliminate the braking of heavy vehicles on the concrete bridge structure; and 2. That staff provide RMS a copy of the consultant’s report for Murringo Creek Bridge. The report indicates an action that recommends reducing the speed limit to 50km/h travelling across the bridge structure

DI Awaiting a response from RMS Dec-18

FREIGHT ISSUES (HILLTOPS COUNCIL LGA), HARDEN REGIONAL DEVELOPMENT CORPORATION Inc. 1. That Council staff request RMS comment in relation to the replacement of the William Bradford Bridge on Burley Griffin Way, over Demondrille Creek.

DI Letter sent to RMS Oct-18

18/308 TENDER ASSESSMENT REPORT – LINE MARKING SERVICES PANEL That Council; establish a panel contract for the provision of Linemarking Services between September 2018 and 30 June 2020 with the following suppliers: CL&S Pty Ltd t/a Capital Lines and Signs; Workforce Road Services Pty Ltd.

DI Letters sent to successful tenders Completed

18/309 TENDER ASSESSMENT REPORT – S&I SAFETY BARRIER PRODUCTS (PANEL CONTRACT) That Council; establish a panel contract for the provision of Safety Barrier Product Services between September 2018 and 30 June 2020 with the following suppliers on preferred supplier basis based: RBK Pty Ltd; Euro Civil Pty Ltd; Eastern Safety Barriers Group Pty Ltd; A1 Highways Pty Ltd

DI Letters sent to successful tenders Completed

18/310 CONTRACT VARIATION FOR LGIS DATA MIGRATION SERVICES That Council; 1. approve the variation to the contract for software services between Council and TechnologyOne in accordance with the terms of the Council report; 2. approve the budget variation of $654,515 in accordance with this report; and 3. that the Mayor and General Manager be authorised to execute legal documents.

EDCC Draft contract received Oct-18


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18/245 – STRONGER COMMUNITIES AND STRONGER COUNTRY COMMUNITIES PROJECTS UPDATE

Reference: File No. F45.16 Responsible Officer: General Manager

PURPOSE

The purpose of this report is to provide information on the progress of the projects that have been funded under the Stronger Communities and the Stronger Country Communities Programs. Hilltops Council has received over $15 million under these two NSW Government programs and these funded projects are to be completed by July 2019.

REPORT

STRONGER COMMUNITIES FUND – MAJOR PROJECTS

PROJECT NAME PROJECT ALLOCATION

PROJECT EXPENDITURE STATUS UPDATE

Boorowa Caravan Park - New managers cabin and camp kitchen

$200,000 Expenditure $6,656.51

Report back from consultant regarding condition of facilities. Recommendation that amenities, cabins and fire reels should be upgraded so compliance is met. As funds are coming from Stronger Communities funds, can be reallocated within the project area on vote from Council.

Harden Caravan Park - Camp kitchen

$100,000 Expenditure $20,401.91 Finalising condition assessment of park for Council consideration prior to commencing work on this project. Completion date dependent on assessment outcomes.

Boorowa Urban Growth: relocate Eastern Works Depot out of residential area; clear site and develop for residential subdivision

$1,000,000 Redevelopment Plan and Contamination report. Committed - $43,940. Expended - $39,546

A draft Site contamination report has been received from Complete Urban. Report generally indicates only localised instances of contamination, with the major contaminate of concern being lead. A Council review


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highlighted some points of clarification on the report. Following clarification, a final remediation scope and budget costings will be developed to report to Council during the November meeting.

Road network improvement program

$700,000 $700,000 Completed

Young Regional Library

$2,000,000 Expenditure $58,074.97 Committed to Date: $2,000,000

Preliminary heritage advice has been received and was recently presented to the Community Project Steering Committee. This advice will inform the project architects who are currently working on the facility location and concept design taking into considerations the constraints and opportunities on the site. Work continues on the development of the draft Project Deed which is the legally binding document outlining each parties’ contributions to both the capital and ongoing costs of the facility as well as its governance. Library Project Expected Completion Date: 2020-2021

Lambing Flat Chinese Tribute Garden

$300,000 No expenditure Tender issued to two specialist sources to provide prices for development of tender documentation for works. The development of tender documentation will include a pre-tender estimate to allow prioritisation of scope through subsequent funding grants.


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Awaiting announcement of SCCF Round 2 before proceeding with any works. Expected completion date: June 2019

Solar Power for Council facilities

$328,995 Committed: Electrical consultant for pre-tender input $6,100

Engaged specialist electrical consultant to provide input into the tender documents, particularly the specification. Tender documents endorsed and agreed for release on TenderLink.

Delivery to occur under a two-stage design and construct contract. A formal report will be issued to Council following completion of concept designs and hold point (end or stage 1). This report to Council will outline the recommended scope of works and expected financial returns for Council. Expected concept design completion date in January 2019, with report to Council likely to be the February meeting. Project Completion earmarked for 30 June 2019.

Murrimboola Creek Beautification & connectivity

$1,000,000 $152,301.53 Expenditure .

Consultants Sala4D met with the Precinct Committee and have provided the initial plans. The Committee was very pleased with the plans and Sala4D are preparing final plans for Council and community submissions.

Burrangong Creek Beautification &

$1,500,000 Committed to Date: $401,659- Connectivity/Pathways

Recreational: A report is being presented to the October


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connectivity $275,000- Inclusive Playground $16,000- Extension of Sporting Walk of Fame $54,000- Fitness Equipment $25,600- Lighting Total: $772,259

Spent to Date: CPC Land Development Consultants Total: $3,950.53

Total Committed and Spent: $776,209.53 Remaining: $723,790.47

meeting of Council with recommendations relating to the location of the Inclusive Playground and toilet facilities along Burrangong Creek. Inclusive Playground Project Expected Completion Date: October 2019 RFQ responses for fitness equipment have been received and are being assessed and a report will be presented to the November meeting of Council. Fitness Equipment Installation Expected Completion Date: March 2019 The Sports Advisory Council has been provided additional funding to extend the Sports Walk of Fame. Sports Walk of Fame Extension Expected Completion Date: November 2018- waiting on Sports Advisory Committee to provide details of Walk of Fame sign. Connectivity/Pathways: Survey and preliminary design has been completed for the proposed new pathway along Burrangong Creek from Thornhill Street to MacKenzie Street. Pathway Thornhill to MacKenzie Expected Completion Date: April 2019 Pathway from Briggs


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Street to Showground has been completed and feedback is that it is being well used. Environmental: Site walk through with LLS and Landcare planned for mid-October. Environmental Improvements Expected Completion Date: December 2019 Cultural: A signage and marketing plan is being developed to activate Burrangong Creek as a local and visitor destination- intention is to create a loop walk that takes in both the creek and CBD area. Cultural Improvements Expected Completion Date: December 2019

Harden playground Refurbishments

$350,000 Expenditure $270.42 Funds committed to Coddington Park Playground replacements.

All funds to be applied to Coddington Park improvements, following completion of Murrimboola Precinct plans of which this playground is within.

Newson Park Pedestrian Lighting replacement complete.

Harden pool renewals

$300,000 Preliminary allocation $80,000

Harden pool disabled toilet & parent room. Have requested a fee proposal from FDG, the designers for the Young Pool. Likely location options are: (a) old ladies’ toilets, or (b) existing storage room. The first aid room is too small to convert.


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Target is for construction award in May-June 2019.

Preliminary allocation $100,000

Harden pool disabled access - to be placed in pool after 2018/2019 season end. Have requested a fee proposal from FDG, the designers for the Young Pool. Will investigate ramp and lift options. Lift may be cheaper and less intrusive in the pool.

Preliminary allocation $110,000

Pool flood lighting replacement: existing poles are in poor structural condition - To be bundled with other lighting works (current columns have severe rust at the base requiring renewal). The lighting is being reviewed and the option for LED type being considered. Tender to be released in next six weeks. Expected project completion: June 2019

Expenditure $11,974.18 Jugiong Pool tiling hob - completed

Young Swimming Pool Turnstiles & Entrance

$1,700,000 Expenditure- Concept Design: $24,000 Committed – Detailed Design and Tender Documentation: $139,950

A new Consultancy Agreement has been awarded to Facility Design Group to prepare the detailed design and tender documentation. The aim is to have deliverables by Monday 19/11/18 so that a Request for Tenders can be issued before Christmas. Expected completion date: 1/10/19. No opening planned yet.

Trinity Centre Refurbishment

$100,000 Expenditure $74,814.58 Trinity Centre Building upgrade 98% complete with painting works to be finalised. Expected


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completion: November 2018

Expenditure $7,000

Trinity Centre Flexible Care garage: Development consent has been granted and construction has commenced.

Mechanics Institute Renewals works

$250,000 Expenditure $43,820.87 Mechanics painting exterior and interior - works have commenced with anticipated completion in March 2019. Plans for minor kitchen and bathroom upgrades being finalised.

Air-conditioning completed

Boorowa Playground Softfall and upgrades

$250,000 100% dedicated towards the purchase of equipment, softfall and the works involved with site preparation and clean up.

Work to commence Monday 15th October for completion on 30th November however is planning to be earlier without weather delays.

Harden Sports Fields

$242,000 No Expenditure Racecourse - Bar/amenities block proposed, to be considered further following SCCF Round 2, application out-come. Race committee have drafted plans ready to lodge a DA.

$132,000 No expenditure McLean Oval improvements – Football Clubs are awaiting outcome of funding applications before proceeding with construction works as this will affect the scope and size of the project.

$250,000 No expenditure Roberts Park - Site survey and lighting design complete. Awaiting approvals from electricity supplier to commence tender period. Expected


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completion date: June 2019.

$368,000 No expenditure Tennis Courts - The club are still determining the best site and conditions relating to relocation of the tennis courts. The club has been advised of the final acquittal dates for these funds and are working to have their project completed within those timeframes.

$8,000 $6,805.45 Tim Doolan Oval – orders placed for pitch cover and bowling machine. Scoreboard project complete with additional signage currently on order.

Boorowa Tennis Courts

$300,000 (+ additional $50,000 from SCF Community stream)

Expenditure $6,372.56 All funds committed towards the completion of courts, lights and fencing.

Detailed survey and geotechnical investigation complete. 2MH Consulting have developed concept designs and cost estimates for the Tennis Courts in consultation with the Boorowa Tennis Club. Awaiting Council approval to proceed to detailed design stage (See separate report). Expected completion date: August 2019. No opening planned yet.

Young Tennis Courts

$1,000,000 Expenditure $29,376.36 Development consent has been granted. Detailed survey and geotechnical investigation complete. 2MH Consulting have developed concept designs and cost estimates for Tennis Courts in consultation with the Young Tennis / Squash / Bowls Steering Committee. Awaiting


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Council approval to proceed to detailed design stage. (See separate report) Expected completion date: August 2019. No opening planned yet.

Boorowa Sports Fields Improvements including Lighting

$500,000 $500,000 Relocation of existing Rugby League field: earthworks, irrigation, turfing and lighting upgrades complete.

Fencing and seating - fencing 75% complete. Last side of fencing to be completed upon the completion of the Amenities building and Tennis court so access can be established PA system has been installed.

Chinese Cemetery Murrumburrah

$50,000 Expenditure $42,309.61 Majority of works complete, fencing is being installed. Expected completion: December 2018

Blackguard Gully precinct

$500,000 Expenditure $82,374.03 TAIT Network was awarded the tender for the Development of a Masterplan and Plan of Management for Blackguard Gully. The project inception meeting with Tait Network, the Community Working Group and Council project staff, tourism staff and Heritage Consultant is scheduled for 17 October. Project Completion Date: October 2019

Cranfield Oval redevelopment

$600,000 New Amenities Building – Construction tender currently open. Expected completion: March 2019

Binalong street road works completed.

Museum $100,000 Expenditure $1,418.50 Plans for the Harden VIC/


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Extension (Harden)

Museum Extension have been produced with the development application presented to the October 2018 Council meeting. Alternative storage for the Historical society has been put in place to allow works to commence. Expected completion prior to 30 June 2019.


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STRONGER COUNTRY COMMUNITIES FUND – Round 1 PROJECT NAME PROJECT

ALLOCATION PROJECT

EXPENDITURE STATUS UPDATE

Young arts and cultural precinct: amenities upgrade

$150,000 Committed to date: $150,000

After further analysis of the toilet provisions along Burrangong Creek it is recommended that this funding now be spent as follows: The funding tagged for the Young arts and culture precinct: amenities upgrade through SCCF ($150,000) be used to provide a compliant toilet facility at Tresillian Park (the recommended location for the Variety Livvi’s Place Inclusive Playground) and also fund a re-fit of the toilets on the corner of Marina and Main Street (Captain Cook Weir). A report will be presented to the October meeting of Council discussing the above recommendation. Expected Completion Date: June 2019

Boorowa Rec park toilet upgrade

$130,000 Expenditure $51,971.33 includes purchase of kit toilets. $60,000 committed to construction and connection to sewer, $20,000 committed to pathways as per council report.

Toilets to be installed following Christmas break due to amount of other projects going on in this area

Boorowa Rec Park lighting refurbishment

$100,000 $60000 already committed to material, $40,000 budgeted for installation, and disconnection and removal of existing lighting

Light posts purchased, and powder coated, light heads have arrived. Install to commence in October 2018, with completion by the end of that month on the eastern side of the creek. Western side to commence following completion of Playground to limit congestion, with lighting completed in Mid-November


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Harden Visitors Information Centre

$100,000 Expenditure $5,090.91

Plans for the Harden VIC/ Museum Extension to be presented to the October 2018 meeting of Council. Purchasing has commenced for project items not requiring DA approval. Expected completion prior to 30 June 2019.

Boorowa disability play equipment

$240,000 Committed $240,000

Work To commence Monday 15 October 2018. Completion November 2018

Young Rugby League amenities refurbishment

$113,500 $113,500 Project complete. Funds acquitted with final inspection by DPC completed 14/8/18.

Young sporting fields linking pathway

$777,359 $270,913.73 Expenditure

80% complete. Pathway along Lachlan Street and Whiteman Avenue, Young has been completed. Linking pathway from Skate Park to Gus Smith Oval still under construction. Expected completion: December 2018

Murrumburrah showground linkages

$178,000 100% complete. Official opening to be held in November 2018.

It is recommended that Council; receive and note the progress report on the Stronger Communities projects and the Stronger Country Communities projects

RECOMMENDATION


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18/246 – NOTICE OF MOTION

Reference: File No. F23.00 Responsible Officer: General Manager

NOTICE

Councillor Matthew Stadtmiller will move the following motion:

That Hilltops Council provide certainty to the community of Harden Murrumburrah that the current site utilised by the Harden Senior Citizens Club and the current site utilised by the Harden Tennis Club and the local residents, remain available to the community for which they are currently purposed. That the Senior Citizens Club can continue to conduct their business and hold their meetings and functions on the current site.

That the Harden Tennis Courts continue to be maintained by Hilltops Council and provided as a Tennis facility in its current form, as 4 hard surface Tennis Courts, for players and spectators of the sport, regardless of affiliation to a club.

That Council not attempt to change the current uses of the sites, re-zone the sites or alter their use in any way.

Discussion Points Both sites mentioned above have an intrinsic link to the local heritage of Harden-Murrumburrah and surrounds and the sporting and community spirit they embody should be recognised and retained into the future.

RECOMMENDATION

It is recommended;

1. That Hilltops Council provide certainty to the community of Harden Murrumburrah that the current site utilised by the Harden Senior Citizens Club and the current site utilised by the Harden Tennis Club and the local residents, remain available to the community for which they are currently purposed. That the Senior Citizens Club can continue to conduct their business and hold their meetings and functions on the current site;

2. That the Harden Tennis Courts continue to be maintained by Hilltops Council and provided as a Tennis facility in its current form, as 4 hard surface Tennis Courts, for players and spectators of the sport, regardless of affiliation to a club; and

3. That Council not attempt to change the current uses of the sites, re-zone the sites or alter their use in any way.


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CORRESPONDENCE FOR ATTENTION ACTION ♦ Nil INFORMATION ♦ Nil MEDIA RELEASE

- Traffic Restrictions Wambanumba Bridge – 14/09/2018 - Free food safety training for community groups – 12/09/2018 - Immediate traffic restrictions on Wambanumba Bridge –

07/09/2018 - Funding win for Carrington Park – 05/09/2018 - Alfred Oval Drainage Works – 04/09/2018 - Garage Sale Trail returns to Hilltops Council – 04/09/2018 - Unearthing Hilltops commercial and industrial potential –

31/08/2018 - Sports Walk of Fame to grow – 24/08/2018 - Inclusive Playground for Burrangong Creek – 23/08/2018 - Hilltops Council Donations and Financial Assistance Program –

23/08/2018

ATTACHMENTS Correspondence - Nil Media Releases - Hilltops Council RECOMMENDATION It is recommended that the balance of correspondence be noted.

rv1EDIA RELEASE For Immediate Release 11/10/2018

Authorised by Edwina Marks

#279072

Enhance your leadership skills- Free Workshops

October is Small Business Month and Hilltops Council is participating by hosting Entrepreneurial

Leadership Masterclasses in Boorowa, Harden and Young.

The workshops are free thanks to the generosity of sponsorship from the NSW State Government

through their Small Business Month program and the only commitment from you is to register and

spend two hours of your time attending to enhance your business skills.

The Hilltops workshops will be presented by Stephen Rutter of the Scale Institute and each

workshop will start at 6 and finish at 8pm. By attending you will learn that the art of entrepreneurial

leadership hinges on creating the kind of organisational cultu re that will enable teams to operate

independently of your oversight, autonomously tackling the uncertainties that stand in the way of

success. Build ing and sustaining these cultures cal ls for several unique leadership skills that Stephen

will provide through this workshop series.

The Hilltops workshops will be presented by Stephen Rutter of the Scale Institute and each

workshop will start at 6pm and finish at 8pm.

The Boorowa workshop will be held at St Joseph's School Hall, Scott Street, Boorowa on Tuesday,

October 23.

Harden's event wil l be at the Harden Country Club, East Street, Harden on Wednesday, October 24.

The Young workshop will be held at the Young Services Club on Thursday, October 25.

Registrations are invited to assist with catering, as the last half hour of the presentation will be an

opportunity to enjoy some refreshments while getting to know other business people in attendance.

You can register on line by visiting https://bit.ly/2ypTJov

Otherwise, you can simply contact the customer service staff at each of the Hilltops Administration

Offices, they will take your details and pass them on to Council's Economic Development Officer,

Debbie Evans, or you can contact Debbie directly via email [email protected] or by

phone on 63801224. The contact numbers for the Hilltops Council Offices are:

Boorowa 63802000

Harden 63860100

Young 63801200.

Stephen Rutter is the founder of the Scale Institute, he has over 20 years' experience in global

business environments spanning logistics, entertainment and education management.

He was Head of Experience at Sydney School of Entrepreneurship developing a product roadmap of

academic experiences across NSW.

He has worked for Cathay Pacific Airways, Show Group and UTS - as director of Business Practice,

customising innovation programs for industry.

Council is very pleased to bring this business development opportunity to the Hilltops and hopes

business will support the event and spread the word to others who may be interested.

-Ends-Media Contact

Sarah Karaitiana 0418 755 092

MEDIA RELEASE For Immediate Release 04/10/2018.',


#278649

Level 1 water restrictions for Boorowa

In accordance with Part 6, Section 137 of the Local Government (General) Regu lation 2005, Hilltops

Council have implemented Level 1 water restrictions in Boorowa. These restrictions are necessary to

manage continuity of water supply due to low rainfall in the catchment area and a dry outlook with

the majority of NSW in drought.

"These restrictions are aimed at maintaining water supply coming into summer faced with an

extremely dry outlook and are necessary for ensurlng ongoing water requirements are met." Hilltops

General Manager Edwina Marks said.

Residents are still able to water their lawns and gardens between 6am and 9am or 6pm and 9pm.

Further information, as well as tips for saving water are available on Council's website.

A summary of level 1 water restrictions:

Activity Level 1

Watering of gardens 6am-9am and 6pm-9pm daily

Irrigation of new turf Up to one week after laying

Washing down walls or paved surf.aces Not permitted

Topping up private swimming pools/spas As needed

Washing cars Allowed with bucket and rinsed with trigger

hose on lawn

Use of evaporative air conditioners As needed

-Ends-Media Contact


MEDIA RELEASE For Immediate Release 03/10/2018 ,


#278694

Wambanumba Creek Bridge Sidetrack Detour Open

Hilltops Council is pleased to advise that a sidetrack detour has been constructed around the Wambanumba Creek Bridge site. The sidetrack is now open to traffic as a single lane and will allow

all vehicles including heavy vehicles greater than 10 tonnes gross vehicle mass to travel Murringo

Road (RR214), between Young and Murringo Village. At this stage the bypass will remain under traffic control until such t ime as the gravel surface has been sealed, within the next one to two

weeks depending on weather conditions.

The sidetrack will be completed with a bitumen seal surface that will cater for two way traffic flow

around the closed bridge structure. A reduced speed limit will remain in place with speed limit

restriction signs posted either side of the Wambanumba Bridge. The speed limit restriction will be monitored by NSW Police.

The reduced speed limit restriction imposed at this location at present are as follows:

• 80km/h and then 40km/h as indicated by the sign postings installed.

Motorists are advised to travel in accordance with the sign posted reduced speed limit restriction as

the road alignment of Murringo Road changes in direction onto t he sidetrack detour.

Motorists are advised to take due care whilst approaching and travelling along the sidetrack detour.

The side-track detour will be in operation until further notice.

In the unlikely event prolonged inclement weather is experienced, there is the potential that the sidetrack may be affected by ris ing water levels within Wambanumba Creek. Council may be

required to close access to the sidetrack in the event that it becomes flooded by Wambanumba

Creek and reinstate the lOtonne GVM weight restrictions across the Wambanumba Bridge. Heavy

vehicles at that time will be required to revert back to the heavy vehicle detour via Cowra of

Wallendbeen that was previously in place.

-Ends-

Media Contact


MEDIA RELEASE For Immediate Release 02/10/2018


#278629

What does the colour of your water mean for you?

With the summer months approaching, the temperature will increase and accordingly, the demand on our water supply will rise. With increased demand, Hilltops residents are likely to see an increase in the instances of discoloured water in the regions water supply. As a result, Hilltops Council have prepared the following information for residents to help t hem better understand how to manage the discoloration of supplied water.

What to do when discoloured water runs from your taps

1) Run the tap near the water meter located on your property boundary to see if the water is clea r. This will identify if the cause of discolouration is contained within property or if the discoloured water is coming from the distribution main.

2) If the water at the boundary tap is clear, then the discolouration is caused by internal plumbing. If the problem persists, a plumber may need to be contacted by you.

3) If the water at the boundary tap is discoloured, then the customer should run the tap for a reasonable amount of time (3 to 4 minutes) and see if the discolouration disappears.

4) If the discolouration persist s the customer should contact your closest Hilltops Council office during busin ess hours. Staff will visit your property to flush the water meter and/or nearby water mains <ind rectify t he Welter discolouration issue.

S) We recommend that residents check water colour before washing laundry during summer months.

6) Discoloured water can be used safely on gardens and lawns. 7) Please note, that Council does not provide compensation in relation to discolored water supply.

What causes discoloured water? The frequency and severity of water discolouration ca n vary due to water source, treatment technologies, age of infrastructure and system design. Therefore, water discolouration earl be caused by one or many factors, such as:

1) Aging water main infrastructure - old pipelines can have a build-up of natural minera ls, such as iron and manganese, causing discoloured water.

2) Mix of high and low water supply demand in t he network disturbing natural sediments in pipes - low demand for water supply in the pipe line can cciuse discoloration due to the length of tim e the water is in contact with the build-up of minerals and opposite ly, high demand periods (e.g. hot summer, drot1ght, etc.} can cause mineral deposits to be stripped

from the lining of the pipe and transported to downstream connections, resulting in discolouration.

3) Galvanised pipe material in internal plumbing - there are cases where water discolouration is caused by corroded galvanised water pipes on customer's private properties.

4) Aging hot water system can also contribute to discolouration of supplied water.

Is my water safe to drink and bathe in? 1) Yes. Discoloured water, as regul.ated under the Australian Drinking Water Guidelines, is

deemed to be an aesthetic matter rather than a public health compliance matter. The reddish-brown coloured particles (which are oxidised colloidal iron and manganese precipitates) sometime found in your water are non-hazardous elements.

2) Council management practices include the regular application of chlorine and testing of daily water samples across the network. Discoloured water is not a risk to the public when enough chlorine residual is maintained within the network.

3) Council acknowledges that the incidence of water colour/odour can be a nuisance in a water supply and can cause staining of laundry and fixtures. We apologise for this inconvenience.

What's next? 1) Council has committed to a water mains replacement program as part of ongoing budgets

which will allow us to meet higher industry benchmarks. We will gradually renew sections of aging mains over time which will improve the reliability of water quality.

2) Furthermore, water mains flushing of the network will be commencing soon in each town across the region which will help to remove the build-up in pipes that may cause discoloured water.

-Ends· Media Contact


MEDIA RELEASE For Immediate Release 28/09/2018


#278485

#HilltopsRegion team to reach new potential

The Hilltops Tourism and Events team are set for a busy few months ahead as the peak tourist season approaches boasting some of the region's best known events.

The team has undergone some recent changes with Melanie Ford stepping into the Tourism and Events Manager role bringing a wealth of experience in events and destination marketing and looks forward to leading her team to new heights in the future.

Emma Hill returns to the region as Hilltops Destination Marketing and Events Officer. Emma completed her traineeship in 2014 with former Young tourism. Emma has studied a Bachelor of Business majoring in Tourism and Management at Newcast le University and brings enthusiasm and fresh ideas.

Familiar faces Maree Lamb and Wendy Bauer have years of experience at the Young and Hilltops Region Visitor Centre and excitingly this year we welcome Trainee Jamie Killick, who is completing her Certificate Ill in Tourism.

Audrey Liu joins the team part t ime as Hilltops Chinese Tourism Officer. Audrey's primary focus is the attraction of the Chinese domestic and international market to the Hilltops Region.

There is plenty to keep the team busy with a string of major events held in the region including the Irish Woolfest in Boorowa being held this weekend, The Harden Kite Festival on Saturday 13 October and the National Cherry Festival from Friday 30 November- 2 December.

The Tourism and Events team is also involved in many other facets of Council including product development, destination management, destination marketing and events. These activities are supported by the Regional Tourism Committee and the Economic Action Plan.

"The Hilltops Council Tourism and Events team are keen to deliver a high level of service to the people of Hilltops and our visitors. We are excited with what we currently offer in the region and are focused on creating and developing new opportunities. There are many plans being developed to attract both the domestic and international tourism market which will provide economic benefit to the region." Hilltops Council General Manager Edwina Marks said.

The Hilltops Tourism and Events team also have a role to help communicate the many events that are run throughout the region and invite all organisations planning a major event or activity in the region to contact the Hilltops Tourism and Events team, so they can help spread the word.

The Hilltops Region website www.visithilltopsregion.com.au creates a platform to promote businesses and events regionally as well as through the Australian Tourism Data Warehouse include sites such as www.visitnsw.com

Those wishing to have their businesses or event included should email [email protected] or phone 6382 3394 for more details. All website event listing requires a landscape high-resolution image and clear event details. For more information contact Melanie Ford on 02 6382 3394.

-Ends-

Media Contact


Tracey Clark - Secretary, Young Town BandM: 0418 672 622Email - [email protected]

ORDINARY MEETING AGENDA 24 OCTOBER 2018

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