ORDINARY MEETING - Gunnedah Shire Council

Gunnedah Shire Council

ORDINARY MEETING 21 October 2015

NOTICE is hereby given that the ORDINARY MEETING of Council will be held on WEDNESDAY 21 October 2015 in the Council Chambers, 63 Elgin Street, Gunnedah commencing at 4:30pm.

AGENDA

1. PRESENT / APOLOGIES 2. PRAYER 3. BEREAVEMENTS 4. DECLARATION OF INTEREST In accordance with Council’s Code of Meeting Practice and specifically Section 451 of the Local

Government Act, 1993 declarations of interest are required by Councillors and designated staff attending the meeting.

5. PRESENTATIONS Nil at time of printing.

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6. CONFIRMATION OF MINUTES OF PREVIOUS MEETING 6.1 Ordinary Meeting held on Wednesday 16 September 2015 ........................................................... 5 7. NOTICES OF MOTION Nil at time of printing. 8. MAYORAL MINUTE Nil at time of printing. 9. GENERAL MANAGER’S REPORT 9.1 Carryovers from 2014/15 Operational Plan ................................................................................. 15 9.2 Draft 2014/15 Financial Statements ............................................................................................ 16 9.3 Fit for the Future – Namoi Councils JO – Submission of Preferred JO Model........................... 17 9.4 Investments .................................................................................................................................. 19 10. EXECUTIVE MANAGER, BUSINESS SYSTEMS AND GOVERNANCE 10.1 Public Interest Disclosures Act – Annual Report 2014/15 .......................................................... 66 10.2 Government Information (Public Access) Act 2009 – Annual Report 2014/15 .......................... 67 10.3 Disclosures by Councillors and Designated Persons ................................................................. 68 10.4 Casual Vacancy in Civic Office .................................................................................................... 69 10.5 Policy – Councillors and Mayor – Payment of Expenses and Provision of Facilities ................. 71 10.6 Code of Meeting Practice ............................................................................................................. 72 10.7 Policy – Unreasonable Complainant Conduct ............................................................................ 74 10.8 Mayor’s Weekend Seminar .......................................................................................................... 75 10.9 Outstanding Resolution Register ................................................................................................. 76

OCTOBER BUSINESS PAPER - PUBLIC 21 OCTOBER 2015

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11. DIRECTOR PLANNING AND ENVIRONMENTAL SERVICES REPORT 11.1 Modification of Consent Application 2012/185.002 – Expansion of Blue Metal Gravel Quarry Lot 3 DP1205024, 334 Pownall Road, Mullaley and Lot 2 DP869898, Beulah, 259 Barker Road, Marys Mount .................................................................................................................... 189 11.2 Development Application 2015/054 – Subdivision 2 into 25 Lots (2 Stages) – Lot 662 DP39633 and Lot 680 DP723481 – 229 Kamilaroi Road, Gunnedah ...................................... 192 11.3 Development Application 2015/083 – Carport – Lot 232 DP253856 – 84 Lincoln Street, Gunnedah ................................................................................................................................... 205 11.4 Gunnedah Koala Strategy .......................................................................................................... 213 11.5 Modification of Consent 2015/060.002 – Amendment to Road Width Requirements and Condition Wording – Lot 4 DP1206945 – 51 Booloocooroo Road, Gunnedah ................ 215 12. DIRECTOR INFRASTRUCTURE SERVICES

12.1 Pesticide Use Notification Plan .................................................................................................. 246 12.2 Gunnedah Sewage Treatment Plant Design Update Report ................................................... 247 12.3 Request for Support Against Essential Energy Consolidations ................................................ 249

13. PLANNING ENVIRONMENT AND DEVELOPMENT COMMITTEE REPORT – held on Wednesday 7

October 2015 ........................................................................................................................................... 313

URGENT QUESTIONS WITHOUT NOTICE

CLOSED MEETING 15. GENERAL MANAGER’S REPORT TO CLOSED MEETING 15.1 Additional Souvenir Line for Visitor Information Centre- Project Update – Section 10A(2)(d)* ...... NA Nil at time of printing * * See Over


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11. DIRECTOR PLANNING AND ENVIRONMENTAL SERVICES REPORT 11.1 Modification of Consent Application 2012/185.002 – Expansion of Blue Metal Gravel Quarry Lot 3 DP1205024, 334 Pownall Road, Mullaley and Lot 2 DP869898, Beulah, 259 Barker Road, Marys Mount .................................................................................................................... 189 11.2 Development Application 2015/054 – Subdivision 2 into 25 Lots (2 Stages) – Lot 662 DP39633 and Lot 680 DP723481 – 229 Kamilaroi Road, Gunnedah ...................................... 192 11.3 Development Application 2015/083 – Carport – Lot 232 DP253856 – 84 Lincoln Street, Gunnedah ................................................................................................................................... 205 11.4 Gunnedah Koala Strategy .......................................................................................................... 213 11.5 Modification of Consent 2015/060.002 – Amendment to Road Width Requirements and Condition Wording – Lot 4 DP1206945 – 51 Booloocooroo Road, Gunnedah ................ 215 12. DIRECTOR INFRASTRUCTURE SERVICES

12.1 Pesticide Use Notification Plan .................................................................................................. 246 12.2 Gunnedah Sewage Treatment Plant Design Update Report ................................................... 247 12.3 Request for Support Against Essential Energy Consolidations ................................................ 249

13. PLANNING ENVIRONMENT AND DEVELOPMENT COMMITTEE REPORT – held on Wednesday 7

October 2015 ........................................................................................................................................... 313


CLOSED MEETING 15. GENERAL MANAGER’S REPORT TO CLOSED MEETING 15.1 Additional Souvenir Line for Visitor Information Centre- Project Update – Section 10A(2)(d)* ..... 332 Nil at time of printing * * See Over


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The ordinary, extraordinary open and Committee meetings of Council will be audio recorded for minute-taking purposes, please note meetings held in the Council Chambers are recorded on tape for the

purposes of verifying the accuracy of minutes and the tapes are not disclosed to any third party under section 12(6) of the Local Government Act, except as allowed under section 18(1) or section 19(1) of the PPIP Act, or where Council is compelled to do so by court order, warrant or subpoena or by any other

legislation.

* Local Government Act 1993 – Definition of Closed Meeting Items 10A Which parts of a meeting can be closed to the public? (1) A council, or a committee of the council of which all the members are councillors, may close to the public so much of its

meeting as comprises: (a) the discussion of any of the matters listed in subclause (2), or (b) the receipt or discussion of any of the information so listed.

(2) The matters and information are the following: (a) personnel matters concerning particular individuals (other than councillors), (b) the personal hardship of any resident or ratepayer,

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business,

(d) commercial information of a confidential nature that would, if disclosed: (i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret,

(e information that would, if disclosed, prejudice the maintenance of law, (f) matters affecting the security of the council, councillors, council staff or council property, (g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings

on the ground of legal professional privilege, (h) information concerning the nature and location of a place or an item of Aboriginal significance on community

land.

TO BE A FOCUSSED COMMUNITY VALUING GUNNEDAH’S IDENTITY AND QUALITY LIFESTYLE.

TO PROMOTE, ENHANCE AND SUSTAIN THE QUALITY OF LIFE IN GUNNEDAH SHIRE THROUGH BALANCED ECONOMIC, ENVIRONMENTAL

AND SOCIAL MANAGEMENT IN PARTNERSHIP WITH THE PEOPLE.

In partnership with the community:

1. EQUITY 2. INTEGRITY 3. LEADERSHIP

4. OPENNESS & ACCOUNTABILITY 5. CUSTOMER SATISFACTION 6. COMMITMENT TO SAFETY 7. EFFICIENT & EFFECTIVE USE OF RESOURCES

VISION

MISSION

ORGANISATIONAL VALUES


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Councillor OC Hasler Eric Groth MAYOR GENERAL MANAGER

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ORDINARY COUNCIL MEETING MINUTES Meeting of Gunnedah Shire Council held on Wednesday 16 September 2015 in the

Council Chambers, Elgin Street, Gunnedah, commencing at 4:30pm.

1. COUNCILLOR PRESENT APPROVED LEAVE OF ABSENCE

APOLOGY TENDERED

ABSENT

OC Hasler X RG Swain X T Duddy X C Fuller X GA Griffen X D Quince X R Ryan X SJ Smith X STAFF General Manager (E Groth) X Executive Manager Business Systems and Governance (C

Formann) X

Acting Director Planning and Environmental Services (D Ausling)

X

Director Infrastructure Services (W Kerr) X ** A casual vacancy exists due to the recent passing of the Late Hans Allgayer.

2. PRAYER

The Mayor opened the meeting with the customary prayer.

3. BEREAVEMENTS

The Mayor read off the list of bereavements being Frederick Henry Ramien, Janet Florence O’Farrell, Phillip Ronald Charles Trindall, Lynette Horder, Jannali Alice-Lee Brown and Hans Allgayer. It was RESOLVED that Council pay their respects to the deceased and extend their condolences to the family and friends of the deceased with a minute’s silence.

4. DECLARATIONS OF INTEREST

COUNCILLOR ITEM REPORT P SNP LSNP RC REASON NIL STAFF ITEM REPORT P SNP LSNP RC REASON NIL

P – Pecuniary SNP – Significant Non Pecuniary LSNP – Less than Significant Non Pecuniary RC – Remain in Chamber during consideration/discussion of item

5. COMMUNITY CONSULTATION Mr Jamie Chaffey, President of the Gunnedah and District Chamber of Commerce, was in

attendance to make a presentation to Council in relation to Item 10.5 of the Executive Manager Business Systems and Governance Report concerning Procurement and Tendering.


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Ordinary Meeting Minutes of Gunnedah Shire Council held on Wednesday 16 September 2015


6. PREVIOUS MINUTES 6.1 CONFIRMATION OF PREVIOUS MINUTES Council Resolution Moved Councillor RG SWAIN Seconded Councillor C FULLER 1.09/15 COUNCIL RESOLUTIONS: The Minutes of Ordinary Meeting held on Wednesday 26 August 2015 were received and it

was RESOLVED that the minutes be adopted as a true and correct record of that meeting. 6.2 CONFIRMATION OF PREVIOUS MINUTES Council Resolution Moved Councillor RG SWAIN Seconded Councillor C FULLER 2.09/15 COUNCIL RESOLUTIONS: The Minutes of Extraordinary Meeting held on Wednesday 2 September 2015 were

received and it was RESOLVED that the minutes be adopted as a true and correct record of that meeting.

7. NOTICE OF MOTION Nil.

8. MAYORAL MINUTE 8.1 SISTER CITY RELATIONSHIP – LINHE DISTRICT Council Resolution Moved Councillor RG SWAIN Seconded Councillor R RYAN 3.09/15 COUNCIL RESOLUTIONS:

1. That an official invitation be extended to representatives of the Linhe District Government and business community to travel to Gunnedah (transportation to Australia/Gunnedah and accommodation to be at their cost) on a reciprocal visit in order to progress the sister-city relationship; and

2. That an amount of up to $15,000 be allocated in order to assist in hosting this visit;

and

3. The Gunnedah Chamber of Commerce will be invited to assist in hosting the group and providing opportunities to build business links.


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8.2 RECOGNITION OF THE LATE COUNCILLOR HANS ALLGAYER Council Resolution Moved Councillor GA GRIFFEN Seconded Councillor SJ SMITH 4.09/15 COUNCIL RESOLUTIONS:

1. That Gunnedah Shire Council recognises former Councillor Allgayer’s long and distinguished service to the Gunnedah community by way of an appropriate certificate and an appropriate gift acknowledging his commitment to our residents and the presentation of these tributes to be made a future Council meeting.

2. That a report be presented to a future meeting regarding an appropriate

recognition in terms of a community facility or structure commemorating the long standing commitment and vision of Councillor Hans Allgayer.

9. GENERAL MANAGER’S OFFICE 9.1 ELECTION OF MAYOR AND DEPUTY MAYOR

Mayor OC Hasler vacated the Chair. AUTHOR Executive Manager Business Systems and Governance

Council Resolution Moved Councillor R RYAN Seconded Councillor GA GRIFFEN 5.09/15 COUNCIL RESOLUTIONS:

1. That Council proceeds to the election of the Mayor and Deputy Mayor by Ordinary Ballot.

2. That the term of office of the Deputy Mayor coincides with that of the Mayor.

3. That, should the vote go to a ballot, the Ordinary Ballot papers for the election of

the Mayor and Deputy Mayor be destroyed.

The General Manager declared Councillor OC Hasler elected as Mayor for the ensuing 12 month period. The General Manager declared Councillor RG Swain elected as Deputy Mayor for the ensuing 12 month period.

9.2 2015 SISTER CITIES AUSTRALIA NATIONAL CONFERENCE

AUTHOR General Manager Council Resolution Moved Councillor RG SWAIN Seconded Councillor C FULLER 6.09/15 COUNCIL RESOLUTION:


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That Council approve the attendance of Mayor OC Hasler (accompanied by a staff member) to attend the 2015 Sister Cities Australia National Conference.

9.3 INVESTMENTS

AUTHOR Assistant Finance Manager Council Resolution Moved Councillor RG SWAIN Seconded Councillor GA GRIFFEN 7.09/15 COUNCIL RESOLUTIONS: That the principal investment of $51.5 million for all funds to date be received and noted.

10. BUSINESS SYSTEMS AND GOVERNANCE 10.1 CASUAL VACANCY IN CIVIC OFFICE AUTHOR Executive Manager Business Systems and Governance Council Resolution Moved Councillor R RYAN Seconded Councillor RG SWAIN 8.09/15 COUNCIL RESOLUTION: That pursuant to Section 294(2)(a) of the Local Government Act 1993, Council make an

application to the Minister that the vacancy which has occurred in office due to the recent passing of the Late Hans Allgayer not be filled and that no by-election be held.

10.2 DELEGATIONS OF AUTHORITY – MAYOR AND DEPUTY MAYOR AUTHOR Executive Manager Business Systems and Governance Council Resolution Moved Councillor R RYAN Seconded Councillor SJ SMITH 9.09/15 COUNCIL RESOLUTIONS:

1. That the Delegations of Authority for Mayor OC Hasler as listed in the report be adopted.

2. That the Delegations of Authority for Deputy Mayor RG Swain as listed in the report

be adopted.

10.3 DELEGATIONS TO GENERAL MANAGER AUTHOR Executive Manager, Business Systems and Governance Council Resolution Moved Councillor GA GRIFFEN Seconded Councillor C FULLER


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10.09/15 COUNCIL RESOLUTION: That Council adopt the amended Delegation of Authority attached to this report for the

General Manager, Mr Eric Groth. 10.4 COMMITTEE STRUCTURE AND REPRESENTATION AUTHOR Executive Manager, Business Systems and Governance OFFICER’S RECOMMENDATIONS:

1. That the Instrument of Delegation – Planning Environment and Development Committee, as presented to this meeting be adopted and signed by the Mayor and General Manager;

2. That in relation to the report Committee Structure and Representation, Council: a. Determine that the status quo remains and that Councillors be appointed as

delegates or representatives for the ensuing 12 month term as documented in the attached ‘Register of Committees, Reserve Trusts and Working Groups’ and ‘Register of Delegates and Representatives’ with the exception of the: Business Partner Program Working Group; Gunnedah Floodplain Management Working Group; Association of Mining Related Councils; Caroona Coal Project – Community Consultative Committee; Northern Inland Regional Waste Group; and Urban Landcare;

which, due to the passing of the Late Councillor Hans Allgayer require

amendment; and b. depending on the outcome of the election of the Mayor and Deputy Mayor,

Council consider the appointment of Councillors as representatives and delegates on an item by item basis.

3. That the appointment of Mr Robin Mallik as Council’s technical nominee to the Northern

Joint Regional Planning Panel be extended for a further 12 months; 4. That the cessation of the Namoi Local Government Group be noted. Council Resolution Moved Councillor RG SWAIN Seconded Councillor GA GRIFFEN 11.09/15 COUNCIL RESOLUTIONS:

1. That the Instrument of Delegation – Planning Environment and Development Committee, as presented to this meeting be adopted and signed by the Mayor and General Manager;

2. That in relation to the report Committee Structure and Representation, Council:

a. depending on the outcome of the election of the Mayor and Deputy Mayor, Council consider the appointment of Councillors as representatives and delegates on an item by item basis, as detailed below.


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COMMITTEE/WORKING GROUP/REPRESENTATIVE

AMENDMENT MOVED SECONDED

Audit Committee Addition of Alternate Councillor RG Swain Councillor R Ryan Nomination of

Councillor RG Swain Councillor C Fuller Councillor GA Griffen

Access Working Group Adjust Committee membership and advertise vacant positions

Councillor RG Swain Councillor C Fuller

Business Partner Program Vacancy – nomination of Councillor R Ryan

Councillor RG Swain Councillor GA Griffen

Campervan and Motorhome Working Group

Disbanded.

Gunnedah Floodplain Management Committee

Vacancy – nomination of Councillor RG Swain

Councillor R Ryan Councillor GA Griffen

Local Traffic Advisory Committee Working Group

Addition of Alternate – Councillor C Fuller

Councillor RG Swain Councillor D Quince

Sports Advisory Working Group

Disbanded.

Women’s Forum Working Group

Name change – Australian Local Government Women’s Working Group

Councillor RG Swain Councillor C Fuller

Arts North West Addition of second staff representative – Exhibition and Cultural Programs Coordinator

Association of Mining Related Councils

Vacancy – nomination of Councillor R Ryan


Caroona Coal Project – Community Consultative Committee

Vacancy – nomination of Councillor OC Hasler


Dorothea Mackellar Memorial Society

Amendment to Councillor Representative – Councillor R Ryan Amendment to Responsible Officer – Manager Customer Relations and Communication


Liverpool Plains Land Management

Withdraw representation. Councillor RG Swain Councillor C Fuller

Namoi Local Government Group

Disbanded. Councillor C Fuller Councillor GA Griffen

Northern Inland Regional Waste Group

Vacancy – nomination of Councillor R Ryan


Northwest Regional Community Care Project Advisory Committee

Amendment to Councillor R Ryan (Chair) Addition of Alternate – Councillor GA Griffen

Councillor SJ Smith Councillor RG Swain

North West Weight of Loads Committee

Addition of Alternate – Councillor RG Swain

Councillor SJ Smith Councillor GA Griffen

Two Rivers Arts Council Vacancy – nomination of Councillor OC Hasler Addition of Alternate – Councillor C Fuller

Councillor SJ Smith Councillor D Quince

Urban Landcare Vacancy – nomination of Councillor OC Hasler


3. That the appointment of Mr Robin Mallik as Council’s technical nominee to the

Northern Joint Regional Planning Panel be extended for a further 12 months; 4. That the cessation of the Namoi Local Government Group be noted.


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10.5 PROCUREMENT AND TENDERING AUTHOR Executive Manager, Business Systems and Governance Council Resolution Moved Councillor SJ SMITH Seconded Councillor C FULLER 12.09/15 COUNCIL RESOLUTIONS:

1. That the revised draft ‘Policy – Procurement and Tendering’, ‘Management Directive – Procurement and Tendering’ and the ‘Statement of Business Ethics’ be adopted.

2. That the responsible officer engage with the Chamber of Commerce and other

relevant stakeholders in order to report to Council on the feasibility of developing a ‘Local Preference Policy’ to formalise Council’s commitment to supporting local business; and

3. That up to $2,000 be budgeted for legal advice associated with development of the

‘Local Preference Policy’ should it be required.

10.6 OUTSTANDING RESOLUTION REGISTER AUTHOR Executive Manager, Business Systems and Governance Council Resolution Moved Councillor RG SWAIN Seconded Councillor GA GRIFFEN 13.09/15 COUNCIL RESOLUTION:

That the information be received and noted.

11. PLANNING AND ENVIRONMENTAL SERVICES 11.1 PROPOSED ROAD NAMES – DEVELOPMENT APPLICATION 2015/003 – 85 LINKS ROAD,

GUNNEDAH AUTHOR Manager Development and Planning Council Resolution Moved Councillor RG SWAIN Seconded Councillor C FULLER 14.09/15 COUNCIL RESOLUTIONS:

1. That in relation to the naming of the newly created roads within the approved subdivision of 85 Links Road, Gunnedah, Council proceed to publish the adopted names of ‘Parish Avenue’ and ‘Siffleet Terrace’ in the Government Gazette and notify the Australia Post, the Registrar-General and the Surveyor-General and the Geographical Names board, with sufficient particulars for identification of the road.

2. That Council notify the submitter of the decision to gazette the exhibited road

names.


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11.2 ADDENDUM TO THE GUNNEDAH SHIRE RURAL STRATEGY – CURLEWIS AND ENVIRONS AUTHOR Manager Development and Planning Council Resolution Moved Councillor RG SWAIN Seconded Councillor C FULLER 15.09/15 COUNCIL RESOLUTIONS: 1. That Council advise the property owners of the land along Hawthorne Street and

the Curlewis Progress Association, that part of Consolidated Coal Lease 711 has been relinquished.

2. That Council advise the property owners of the land along Hawthorne Street that it

would consider a planning proposal (which includes an assessment of any physical site constraints and servicing capability) for the rezoning of the land for residential use.

11.3 REQUEST FOR FEE WAIVER – GUNNEDAH RELAY FOR LIFE 2016 AUTHOR Manager Community and Cultural Development Council Resolution Moved Councillor C FULLER Seconded Councillor SJ SMITH 16.08/15 COUNCIL RESOLUTION: That the request for fee waiver is supported.

12. INFRASTRUCTURE SERVICES 12.1 ROAD MAINTENANCE – KERRINGLE ROAD AUTHOR Manager Works Council Resolution Moved Councillor C FULLER Seconded Councillor RG SWAIN 17.09/15 COUNCIL RESOLUTION: That Council allocate funds in the amount of $38,000 from revenue funds to facilitate its

contribution to the upgrade of the section of Kerringle Road passing through the Kerringle State Forest ensuring all weather access for the four Gunnedah Shire properties presently using this thoroughfare for access and addressing.


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12.2 NORTH WEST WEIGHT OF LOADS – MEMORANDUM OF UNDERSTANDING AUTHOR Director Infrastructure Services Council Resolution Moved Councillor RG SWAIN Seconded Councillor GA GRIFFEN 18.09/15 COUNCIL RESOLUTION:

That Council execute under Seal its support and continuance of the North West Weight of Loads Committee Memorandum of Understanding until 31 December 2020.

URGENT QUESTIONS WITHOUT NOTICE Councillor C Fuller – noted recent drowning incidents and questioned Council’s swimming pool regulations. The Acting Director Planning and Environmental Services advised that periodic inspections are progressing and NSW residents are required to register their pools on a statewide register. There being no further business, the meeting closed at 5:40pm. Mayor OC Hasler CHAIRPERSON


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General Manager’s Report ITEM 1 Carryovers from the 2014/15 Operational Plan MEETING Ordinary Meeting – 21 October 2015 DIRECTORATE General Manager’s Office AUTHOR Assistant Manager Finance POLICY 2014/15 Operational Plan LEGAL Local Government Act 1993 FINANCIAL Nil STRATEGIC LINK Community Strategic Plan 1.2.10 Support Council’s operation by providing financial, human

resources and information technology services. Operational Plan 1.2.10.4 Ensure effective and efficient delivery of financial management

services across the organisation. ATTACHMENTS Statement of Internally and Externally Restricted Assets as at 30 June

2015

OFFICER’S RECOMMENDATIONS: 1. That the adjustments to budget allocations, included transfers to and from restricted

assets, as listed in the attachments to the report, be adopted;

2. That the changes to the 2015/16 budget, as contained in the report and attachments, being adjustments for carried-forward capital works be adopted.

PURPOSE It is a requirement under the Local Government (General) Regulations 2005 (Clause 211) for Council to authorise expenditure. As all such approvals and votes lapse at the end of the financial year it becomes necessary to re-vote and carryover unspent expenditure from the 2014/15 Operational Plan to the 2015/16 budget. Attached is a listing of all Internally Restricted and Externally Restricted unspent as at the 30 June 2015. BACKGROUND During the finalisation of the 2014/15 Financial Statements and review of Budget v’s Actual expenditures the attached list was formulated in conjunction with the budget managers as to works that require the votes to be carried forward into the next budget period. The attached list is the result of this consultation. COMMENTARY Financial The attached report is split into 2 sections: 1. Externally Restricted Assets – which includes Development Contributions not yet expended

for the provision of services and amenities in accordance with contribution plans, Grants which are not yet expended for the purposes for which the grants were obtained. Water, Sewerage, Domestic Waste Management & other Special Rates/Levies/Charges are externally restricted assets and must be applied for the purposes for which they were raised.

2. Internally Restricted Assets which are restricted by internal resolution or policy.


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Issues This will allow projects previously voted for by Council but not commenced or completed by the 30th June 2015 to be authorised for completion in the new budget year. Additional projects from restricted funds will still need to be approved by Council prior to commencement.

ITEM 2 Draft 2014/15 Financial Statements MEETING Ordinary Meeting – 21 October 2015 DIRECTORATE Community and Corporate Services AUTHOR Acting Manager Finance POLICY 2014/15 Operational Plan LEGAL Local Government Act 1993, Australian Accounting Standards, Local

Government Code of Accounting Practice and Financial Reporting FINANCIAL As detailed in the report STRATEGIC LINK Community Strategic Plan 1.2.8 Council is a financially sustainable organisation, delivering value

services to the community. Operational Plan 1.2.8.6 Ensure Council meets all of its statutory requirements in a timely

manner with regard to external funding reporting, returns and internal compliance processes.

ATTACHMENTS Draft 2014/15 Financial Statements

OFFICER’S RECOMMENDATIONS: 1. That Council’s Draft Financial Report is in accordance with:

the Local Government Act 1993 (as amended) and the regulations made thereunder;

the Australian Accounting Standards; and the Local Government Code of Accounting Practice and Financial Reporting.

2. That the report presents fairly the Council’s operating result and financial position for

the year; 3. That the report accords with Council’s accounting and other records; 4. That Council is not aware of any matter that would render this report false or

misleading in any way; 5. That Council’s Draft Financial Report be referred to audit; 6. That Council delegate authority to the Mayor, Deputy Mayor, General Manager and

Responsible Accounting Officer to sign the ‘Statement by Council and Management’ for inclusion with the report;

7. That Council delegate financial authority to the General Manager to finalise the date at

which the auditor’s report and financial statements are to be presented to the public; and

8. That Council delegate authority to the General Manager to set the authorised for issue

date upon receipt of the auditor’s report.


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PURPOSE Council is required annually to complete year end Financial Statements in accordance with S413 (1) of the Local Government Act. These reports are to be completed as soon as practicable after the end of financial year in accordance with Australian Accounting Standards and must include, a general purpose financial report, special purpose financial reports for all of councils business activities, special schedules and the prescribed councillors statement. Council has four months from the end of financial year to prepare, adopt and have audited the financial reports in accordance with S416 (1) of the Local Government Act. Attached to this report is councils draft Financial Report for the financial year ending 30 June 2015. BACKGROUND In order to continue to progress toward lodgement of the financial report with the appropriate bodies, it is now required that council refer the attached draft Financial Reports to audit and that it makes a resolution in accordance with S413 (2c) of the Local Government Act, that the report is in accordance with: the Local Government Act 1993 and the regulations made there under, the Australian Accounting Standards, and the Local Government Code of Accounting Practice and Financial Reporting, that it presents fairly the Council’s operating result and financial position for the year, that the Council is not aware of any matter that would render this report false or misleading in

any way, and the report accords with Councils accounting and other financial records. Additionally council is also required to delegate authority to the Mayor, Deputy Mayor, General Manager and Responsible Accounting Officer to sign the ‘Statement by Council and Management’ that forms part of the financial report in accordance with Clause 215 of the Local Government (General) Regulation. COMMENTARY Given the tight timeframes within which the audited financial reports need to be lodged with the department and the timing for the auditors report to be presented to the general public, it would also be prudent at this time to delegate authority to the General Manager to execute the following: Finalise the date at which the auditors report and financial statements are to be presented to

the public in compliance with S418 (1) of the Local Government Act. Set the authorised for issue date upon receipt of the auditors report in accordance with AASB

110. Following the completion of the aforementioned processes, a report will then be presented to council containing the final audited Financial Report along with an analysis of such by both management and Council’s auditors, at the November Ordinary Council meeting.

ITEM 3 Fit for the Future – Namoi Councils JO – Submission of Preferred JO Model

MEETING Ordinary Meeting – 21 October 2015 DIRECTORATE General Manager's Office AUTHOR General Manager POLICY Nil LEGAL Nil FINANCIAL Nil


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STRATEGIC LINK Community Strategic Plan 1.2.4 Share resources and undertake more collaborative projects with

other Councils. 1.2.7 Improve relationships with all levels of Government and pro-

actively see to be involved in decision making processes impacting our areas.

Operational Plan 1.2.4.1 Collaborate and share resources with other organisations. 1.2.7.1 Identify, represent, advocate and lobby for inclusion of

Gunnedah Shire’s community needs within regional and state planning processes.

ATTACHMENTS 1. Namoi Councils Joint Organisation Preferred JO Model 2. OLG Joint Organisations Emerging Directions Paper 3. Namoi Councils JO Submission on Emerging Directions Paper

OFFICER RECOMMENDATIONS: That Council: 1. Adopt the attached draft Preferred Joint Organisation Model as Council’s preferred

model; and

2. Communicate to the Namoi Councils Joint Organisation the position of Gunnedah Shire Council.

PURPOSE

To enable Council to consider and adopt the Preferred Joint Organisation Model (JO Model) as drafted by the Executive Officer of Namoi Councils Joint Organisation (JO) and considered by the Namoi Councils JO at its meeting of 1 October 2015. Council’s position will then be communicated to the Namoi Councils JO for further consideration along with the other member councils at its meeting of 29 October. BACKGROUND The Office of Local Government (OLG) released a discussion paper entitled “Joint Organisations – Emerging Directions Paper” in September 2015, and have sought Councils’ submissions. Following the development of a submission, the Executive Officer of Namoi Councils JO has also drafted a Preferred Model paper for JO member councils. The General Managers Advisory Committee (GMAC) reviewed and amended the draft at its meeting of 22 September. The resulting revised draft was submitted to the Namoi Councils JO meeting of 1 October 2015 for consideration prior to being referred to member councils for feedback at the JO meeting of 29 October. A copy of the draft version agreed for distribution at the Namoi Councils JO meeting is attached for Councillors information, along with the OLG discussion paper. The position of Namoi Councils JO largely accords with the directions outlined in the discussion paper. It would be fair to say that this in the main due to the emerging directions reflecting the contributions to date by the Namoi Council’s JO. The changes proposed at the last Namoi Councils JO meeting are highlighted in yellow for ease of reference. In addition to the preferred model submission, Namoi Councils JO has also responded to the request for submissions on the Emerging Directions Paper, and a copy of the submission is attached for Council’s information.


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COMMENTARY The Namoi Councils JO Preferred Model is submitted to Council for its consideration.

ITEM 4 Investments MEETING Ordinary Meeting – 21 October 2015 DIRECTORATE Community and Corporate Services AUTHOR Acting Manager Finance POLICY Interest and Investments Policy LEGAL Local Government Act 1993 – Trustees Act FINANCIAL Nil STRATEGIC LINK Community Strategic Plan 1.2.8 Council is a financially sustainable organisation, delivering value

services to the community. Operational Plan 1.2.8.3 Maximise the return on Council's investment portfolio in line with

pre-determined risk parameters, compliance with the Local Government Investment Order and Council's Investment Policy.

ATTACHMENTS Investment Reports

OFFICER’S RECOMMENDATIONS: That the principal investment of $52.5 million for all funds to date be received and noted.

PURPOSE The purpose of this report is to present a detailed schedule of Council’s investments to date in accordance with the requirements of the Local Government Act 1993 and Council’s Interest and Investments Policy. BACKGROUND The principal invested is up to the date for this report, which includes a combination of Working Funds, Restricted Assets, unspent grant funds and Section 94 Contributions for all funds including monies held in Trust. COMMENTARY I certify that these investments have been made in accordance with the Local Government Act 1993, Local Government (Financial Management) Regulation 1999 and Council’s Investment Policy. Eric Groth GENERAL MANAGER


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Members: Gunnedah Shire Council, Liverpool Plains Shire Council, Narrabri Shire Council, Tamworth Regional Council, Uralla Shire Council and Walcha Council

Associate Member: Uralla Shire Council

Working together to increase the effectiveness and sustainability of Local Government

Namoi Councils Preferred Joint Organisation Model

Legal Entity and Governing Body

Working Groups to provide professional advice to Board on

exercise of core functions

Joint Organisation Governing Body

(Mayor from each council)

JO Administration

(Executive Officer)

Member Councils

State Government

Departments and Agencies

General Managers Advisory Committee

(GMAC)

Other Working Groups to deliver shared

services

Wh Doverning Body Key Ceatures Wh Dovernance Key Ceatures• Chair• Council Membership• JO Core Functions• JO non-core functions (discretionary)• Role of GMs - GMAC• Decisions on core functions binding• Decisions on non-core functions

(shared services) based on “buy-in” of participating member Councils

• JO enabled through Local Government Act• JO Corporate Body under LG Act• Mandated minimum governance standards• Equality of Voting• Mayor to represent member Council• Meeting attendance fees• Member obligations consistent with councillors• Suitably skilled/qualified Executive Officer• Not a 4th tier of Government


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http://www.fitforthefuture.nsw.gov.au/�

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1. Joint Organisation Legal Entity and Powers

� Joint Organisation (JO) enabled wholly under the Local Government Act as bodies corporate providing flexibility for the JO to operate and carry out core functions and regionally defined non-core optional functions either directly, or through other arrangements.

� All statutory requirements including core functions, non-core functions, mandatory council membership requirements, mayor or the mayor’s delegate representing member councils, equality of voting, role of the governing body, decisions binding on member councils in respect of core functions, including governance, reporting and staffing requirements provided for within the Local Government Act framework.

� Enable significant strategic projects and initiatives, and associated funding and assets, to be managed regionally by JO as determined and directed by member Councils.

� JO functions, legal status and collaborative relationship between State and Local Government embedded in other relevant State Government legislation.

� JO as legal entity enabled to employ staff, manage contracts and undertake regulatory functions, as determined and directed by member councils.

� JO enabled to serve the best interests of the Region and be directly accountable to member Councils through the JO Governing Body.

� JO legislation to embed a direct nexus between the NSW Government Regional Priorities Regional Plans and Joint Organisation Regional Strategic Plans


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� JO legitimacy for key partnership role played in regional strategic planning and prioritisation

2. Joint Organsiation Core Functions

� Regional Strategic Planning and Prioritisation Intergovernmental Collaboration and Engagement Regional Leadership and Advocacy.

� JO decisions binding on member Councils in respect of the exercise of core functions

3. Joint Organisation Non-Core Functions

� JO enabled, under legislation, to undertake a range of regionally defined non-core optional functions, such as strategic capacity building and shared service delivery to member councils and the community, as determined and directed by member councils through the JO governing body.

� Participation in non-core discretionary functions not compulsory.

� Participation in shared services based on sound business case identifying costs, value and benefits to member Councils.

� Councils may opt in or opt out of shared services

� Preservation of section 358 of Local Government Act 1993 to enable a council, or a group of councils, to obtain ministerial consent to establish a corporation or other separate legal entity wholly owned, operated and directed by the council, or group of councils, if a commercial business


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model is required to deliver a shared service to a group of councils or provide a service to the community.

4. Joint Organisation Governance and Accountability

4.1 JO Governing Body –Board

� JO governing body comprise one representative from each member council appointed by member council for a 2 year term to align with proposed changes to mayoral terms.

� JO Board Member positions comprise the Mayor of member councils.

� In the absence, or inability, of the Mayor of member councils to attend a JO meeting or fulfil the role of a JO Board Member, the Mayor’s authorised delegate being a councillor from the member council will be entitled to represent the Mayor and act as the member council’s authorised representative. Explanatory Note: The representative chosen by JO member Councils may well be the Mayor in most cases. However, it is argued that Mayor of member Councils should be the representative for reason that the Mayor is a key member of the leadership group of each member Council and should also form part of the regional governance and regional leadership group at Joint Organisation level. The Mayor of member Councils holds the gravitas that is associated with the position of Mayor and in most cases is able to record a vote at JO Meetings which faithfully reflects the policies, views and opinions of his or her Council without having the refer back to the member Council for direction. JO Board positions, like the Mayor of each LGA, will be very important and influential positions from a regional perspective and should naturally be filled by the Mayor from member councils. On another view and with one eye on the future in relation to a proposal for the introduction of direct election of the mayor by voters, there may be support for the representative of member councils to be an elected representative and chosen by the council based on capability and capacity which would give the member council the option or appointing the mayor of the day or other councillor.


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� JO Board member role modelled on the councillor role identified in the Local Government Act with direct accountability to provide leadership and act in the best interests of the JO, member councils and the region.

� JO Board members paid a sitting fee for attending duly convened JO Board Meetings and the JO is responsible for the expenses incurred by the Board chair and members when acting bona fide on behalf of or representing the JO.

� JO associate council membership with no voting right enabled by legislation.

� JO associate membership for Department of Premier & Cabinet Regional Coordinator with no voting right.

4.2 Voting

� Equality of voting rights for member councils – one vote per member council.

� JO chair not have a casting vote. 4.3 Chair

� JO chair elected for two year term by the voting members of the JO Board to align with proposed changes to mayoral terms.

� Election of the JO chair the same process as for the election of the Mayor identified in Schedule 7 of Local Government (General) Regulation 2005 by Ordinary Ballot or Open Voting.


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� JO chair role modelled on the role of the Mayor identified in the Local Government Act, save and except the urgent policy function, with direct accountability to provide leadership and act in the best interest of the JO, member councils and the region.

4.4 JO Decision Making

� Namoi Councils’ view is that consensus among Joint Organisation member Councils should be the basis for a decision to be made. However, in promoting the consensus rule, no objection is raised in respect of a voting majority of 75% of the Joint Organisation membership being required for a decision to be made.

Explanatory Note: Most democratic organisations work on the basis of a simple (51%) majority rule for decisions to be made. In the context of a 7 member Namoi Councils Joint Organisation, a simple majority would equate to a vote of at least 4 recorded for or against a motion for a decision to be made. Under the simply majority rule, a quorum of one more than half of the membership would constitute a quorum. In the case of Namoi Councils, a quorum would constitute 4 full member Councils for a decision to be made.

Applying the 75% majority voting standard to the Namoi Councils Joint Organisation, 6 members would be required to record their vote for or against a motion for a decision to be made. Logically, it then follows that a quorum would also constitute 6 full member Councils for a decision to be made.

A 75% voting majority would not only underpin and support consensus as the basis for a decision to be made, but would recognise the importance of regional-scale decision and ensure stable and consistent regional collaboration, leadership and advocacy reflecting widespread regional views.

Should the 75% majority voting standard be enabled by either legislation or regulation, clarification of what constitutes a quorum must also be confirmed so as to avoid any confusion.

� JO decisions binding on member Councils in respect of the exercise of core functions


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4.5 Council Delegation of Authority for Core Functions

� Member council delegation of authority to the JO Board representative to vote on the exercise of the core functions of the JO.

� JO member councils be required to pass a delegation of authority in respect of its JO Board representative that, subject to compliance with the requirements of the Local Government Act 1993 and the regulations made under the Act, and with any expressed policy of the Council, or regulations of any public authority, the council’s JO Board representative is authorised to record a vote for or against motions submitted to duly convened meetings of the Joint Organisation in respect of the exercise of the core functions of the Joint Organisation.

� Any vote recorded by the JO Board representative in respect of exercise of the core functions of Joint Organisation is binding on the member Council.

4.6 General Managers Advisory Committee (GMAC)

� General Manager of each JO member Council has a professional advisory role to deliver in respect the JO Board but has no voting right.

� General Managers Advisory Committee (GMAC) established as a key governance committee within the JO structure to provide professional advice and submit recommendations to the JO Board in respect of the exercise of JO core and non-core functions.

5. Joint Organisation Staffing

� The JO be required to employ an Executive Officer with the capabilities and at an equavalent level to a General Manager, senior staff member in a council or a Department of Premier and Cabinet Regional Coordinator.


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� The JO Executive Officer be employed under the Local Government (State) Award and any contract of employment be subject to the Award.

6. Joint Organisation Boundaries

� The JO boundaries and council membership align and be consistent with the following criteria proposed:

• align with/nest within strategic regional growth planning boundaries


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• demonstrate a clear community of interest between member councils within the region

• not adversely impact on other councils or JOs • be based around a strong regional centre, where possible • be of appropriate scale and capacity to partner with the State,

Federal Government and other investment partners • be directly accountable to member councils • serve the best interest of the region • associate membership be available with no voting rights • Walcha Council granted full membership of the proposed Namoi

Councils Joint Organisation.

7. Joint Organisation Financial Arrangements

� JO members be responsible for costs of administration of the JO from annual membership contributions determined locally and supplemented where necessary from existing available member council resources.

� Local Government Act minimum requirements for financial reporting and accounting for councils apply to Joint Organisations.

8. Integrated Planning and Reporting

� JOs be required to develop annual work plans drawn from existing Council member Community Strategic Plans that have a regional perspective and benefit, and State Government regional plans.

� JOs be required to adopt Regional Strategic Plan incorporating regional aspirations, a regional vision and Key Performance Indicators (KPIs) within 12 months of the date of commencement of the JO identifiying the key strategic priorities, infrastructure and services for the region in collaboration with member Councils, the State Government and others and key stakeholders.

� JOs produce Annual Performance Statements to show member councils, State Government Departments and Agencies and other key stakeholders the extent to which the JO is achieving strategic regional priorities according to KPIs identified by the Joint Organisation


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� JOs satisfy the same requirements as for councils in the Local Government Act for annual financial reporting and accounting.


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SEPTEMBER 2015

Joint Organisations

Emerging Directions Paper


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ACCESS TO SERVICES The Office of Local Government is located at: Levels 1 & 2 5 O’Keefe Avenue Locked Bag 3015 NOWRA NSW 2541 NOWRA NSW 2541 Phone 02 4428 4100 Fax 02 4428 4199 TTY 02 4428 4209 Level 9, 6 – 10 O’Connell Street PO Box R1772 SYDNEY NSW 2000 ROYAL EXCHANGE NSW 1225 Phone 02 9289 4000 Fax 02 9289 4099 Email: [email protected] Website: www.olg.nsw.gov.au OFFICE HOURS Monday to Friday 8.30am to 5.00pm (Special arrangements may be made if these hours are unsuitable) All offices are wheelchair accessible. ALTERNATIVE MEDIA PUBLICATIONS Special arrangements can be made for our publications to be provided in large print or an alternative media format. If you need this service, please contact our Executive Branch on 02 9289 4000. DISCLAIMER While every effort has been made to ensure the accuracy of the information in this publication, the Office of Local Government expressly disclaims any liability to any person in respect of anything done or not done as a result of the contents of the publication or the data provided. © NSW Office of Local Government 2015 ISBN 978-1-922001-37-5

Produced by the Office of Local Government

www.olg.nsw.gov.au www.fitforthefuture.nsw.gov.au


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Working together to build Joint Organisations

As part of our commitment to Rebuilding NSW the Government is

continuing to work with local councils to strengthen communities

across the State.

With a record $1 billion investment in local government through the Fit

for the Future reforms, we are helping to build councils that are well

positioned to support our communities into the future.

Our vision is that all councils will provide the services and facilities

their communities need and deserve, as effectively and efficiently as

possible.

To make this happen, we have provided councils with unprecedented

support and incentives to make the changes they need through the Fit

for the Future process.

A key part of this is Joint Organisations. The creation of Joint Organisations is a significant

commitment from the Government to strengthen regions.

Regional Joint Organisations will help councils to be more involved in planning the regional

infrastructure that sustains their local economies, such as important freight routes and

regional airports that serve markets and communities beyond their council boundaries. The

new organisations will also strengthen opportunities for regional leadership and capacity

building and ensure that people in regional communities have a strong advocate for their

needs.

Currently five pilot Joint Organisations, in partnership with the NSW Government, are trialling

in Central NSW, the Hunter, Illawarra, Namoi and Riverina regions to tackle the issues that

matter to regional communities – jobs, transport, water and tourism.

The Joint Organisations, Emerging Directions Paper sees us reach an important key

milestone in the Fit for the Future reforms. This important next step gives the many councils

across NSW with a keen interest in JOs the opportunity to help shape the model that will

bring real benefits to communities in regional NSW.

I look forward to hearing the views of the community, councils, Regional Organisation of

Councils, business groups and other interested parties and continuing the discussion as the

pilots progress.

Together, we can create stronger councils and stronger communities across NSW.

The Hon Paul Toole MP

Minister for Local Government


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Introduction

Enabling stronger collaboration

Regional communities play a major role in supporting the State’s future. The Office of Local

Government has established five pilot Joint Organisations which will give regional councils a

stronger voice in partnering with the State to deliver what communities need. As the Joint

Organisation pilot program is now half way through, it is time to start looking at what has

been successful during the pilot and how the Joint Organisation Model should be legislated.

This paper provides a brief outline of the pilot progress to date and reflects on the key

elements of the emerging model. These reflections are grouped into three areas: purpose,

principles and functions; entity and powers; and governance and accountability.

There is a brief outline of each area to be considered, followed by a statement or statements

titled “Emerging Directions”. The emerging direction table identifies and highlights the points

for discussion and consultation.

This is the first consultation paper for the Joint Organisation Model and does not attempt to

answer all aspects of the model. This paper will explore core elements such as the purpose

and functions of Joint Organisations and how they should be enabled in the legislation.

Further work will be undertaken in the coming months to explore additional considerations.

The development of the pilots is a collaboration of the councils in each regional pilot, State

agencies and stakeholders. It is through the strength of this collaboration that the pilots have

positively progressed and will continue to forge new ways of operating in the future.

Have your say

The Office of Local Government would like to hear what you think about the emerging directions for the Joint Organisation Model.

Tell us what you think in a written submission. Your submission must include your name, organisation (if relevant), and contact details.

Please respond by email (preferred) or via post to the emerging directions outlined in this paper by close of business on 16 October 2015.

E: [email protected]

Joint Organisations Emerging Directions

Office of Local Government

Locked Bag 3015 Nowra, NSW 2541

What will be the outcome of this consultation?

Following consultation refinement of the key areas of the Joint Organisation Model will inform a Joint Organisation Framework Paper. The Joint Organisation Framework Paper will be released later in 2015.

Further information

For further information please contact Erin Hale from the Office of Local Government on

T:02 4428 4193 E: [email protected].


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mailto:[email protected]


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Contents Page

Background 6

Progress to Date 6

Part A: Purpose, Principles and Functions 7

Core Functions

Regionally Defined Functions 8

Part B: Entity and Powers 10

Part C: Governance and Accountability 13

Part D: Other Considerations 15

Next Steps 15

Diagrams:

Fig 1: Joint Organisation core functions emerging from subsequent discussion 8

Fig 2: Body Corporate in the Local Government Act (enabling) 12

Fig 3: Next steps 15


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Background

The Fit for the Future reforms are the result of almost four years of consultation and review

with the community and local government sector. The reforms set out a vision of change and

will help councils to deliver the infrastructure and services their communities need now, and

in the future.

Expressing the need for change, the Independent Local Government Review Panel

recommended the establishment of Joint Organisations to help respond to the needs and

circumstances of different regions by strengthening regional collaboration and enabling

better partnerships with the State.

The commitment to establish regional Joint Organisations is a key part of the NSW

Government's package to support councils to become fit for the future, with over $5 million

being invested in establishing 15 Joint Organisations.

Joint Organisations are central to local government reform in regional NSW and an

opportunity for councils to play a more active role in their region and work in new ways with

each other and the State.

They reflect the changing face of local government in NSW, the unique challenges facing

regional NSW, and will help some regional councils to deliver the infrastructure and services

their communities need. Joint Organisations will encourage collaboration between State and

Local Government to plan a better future for regional and rural communities in NSW.

Progress to date

In September 2014 the State Government released its Joint Organisation Roadmap and

announced it would work with local government to pilot Joint Organisations. The Government

called for expressions of interest to pilot Joint Organisations during 2015 and committed to

working with five regions: Central NSW, the Hunter, Illawarra, Namoi and Riverina.

The selected regions include a diverse mix of councils which have demonstrated a strong

history of effective collaboration. They have a clear focus on partnering with the State to

tackle key priorities in regional communities, to help their communities to thrive.

The pilots commenced in February 2015 with each trialling a different model, which reflected

the different working relationships and priorities of their region.

A charter and regional strategic priorities have been developed by the pilots, in consultation

with State agencies and other stakeholders, to guide their operation and planning. The pilots

have been working with State agencies and the Office of Local Government and have

provided valuable insights to inform the Joint Organisation Model.

On 10 July 2015, 44 representatives from the pilot Joint Organisations, State Agencies and

peak bodies attended the Mid-pilot Workshop. The discussions at this workshop helped form

the emerging directions statements for this paper.

The purpose of this paper is to communicate these emerging directions to the broader local

government sector and seek feedback to inform the further development of the Joint

Organisation model.


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Part A: Purpose, Principles and Core Functions

Purpose

The purpose of Joint Organisations, stated in the NSW Government’s Joint Organisation

Roadmap and confirmed through the pilot process to date, is: To provide a consistent

regional forum for local councils to work together, with the State and others, on issues of

regional strategic priority.

Joint Organisations provide a platform for local councils and the State to work together at the

regional level on the things that matter most to regional communities such as jobs,

education, transport and housing.

Principles

The principles for Joint Organisations were discussed as part of a Joint Organisation

workshop held in November 2014 and built on the work of the Independent Local

Government Review Panel and the Government’s response. These principles have been

refined and new principles identified throughout the pilot process. The Principles identified as

the Emerging Directions below were confirmed at the Mid-Pilot Workshop in July 2015.

Meeting these principles, particularly providing legal status, will remove many limits faced by

existing regional entities, including Regional Organisations of Councils and county councils.

Legal status would give Joint Organisations political ‘gravitas’ and legislative legitimacy to

partner with the State and other stakeholders on issues of strategic regional importance.

As legal entities Joint Organisations would also be able to employ staff, manage contracts

and undertake regulatory functions, if and as directed by member councils.

Emerging Direction - Principles

Joint Organisations should:

have legal status;

be enabled through the Local Government Act and recognised in other relevant legislation;

not be a fourth tier of government;

not impose significant red tape or cost and ensure benefits outweigh the costs;

embed collaborative relationships between local government and NSW Government, as well as a wide range of other stakeholders and partners;

have a consistent core with flexible elements;

protect entitlements for council staff;

enable significant projects and initiatives, and associated funding and assets, to be managed regionally;

ensure good governance; and

serve the best interest of the region while being accountable to member councils.


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Core functions

Fig 1: Joint Organisation core functions emerging from subsequent discussion

Three core functions of Joint Organisations have been identified through the pilot process

and include:

Regional strategic planning and priority setting;

Intergovernmental collaboration; and

Regional leadership and advocacy.

The concept of ‘priority setting’ will ensure Joint Organisations consider the relative

importance of issues within a regional context and provide a more solid basis for resource

allocation.

Joint Organisations may choose to undertake core functions only. As these functions are

unlikely to require significant cost or pose significant financial or governance risks, they may

be undertaken by a relatively small, structurally ‘lean’ Joint Organisation. However, it is

important to ensure that the Joint Organisation is not prevented from undertaking larger

projects to carry out their core functions, such as infrastructure projects, if appropriate.

Emerging Direction – Core Function

The core functions of: regional strategic planning and priority setting; intergovernmental collaboration; and regional leadership and advocacy are not only consistent with the recommendations of the Independent Local Government Review Panel, but have also been sufficiently tested through the pilot process to possess both appropriate scope and flexibility for the Joint Organisations to partner effectively with the State.


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Regionally defined functions

Regionally defined functions, or optional non-core functions, may be broadly operational and

give practical effect to strategic decisions that the Joint Organisations make. These functions

may include strategic capacity building and service delivery.

There was general consensus from participants at the Mid-Pilot Workshop that regionally

defined functions should be

As determined by the councils

Enabled, not prescribed by the legislation

Flexible.

While the importance of enabling Joint Organisations to undertake regionally defined

functions has been unanimously agreed, there have been mixed opinions as to whether the

‘core’ Joint Organisation should undertake these functions or whether they should only be

undertaken by ‘Joint Organisation-formed entities’.

There has been some limited discussion through the pilot process on what may be called

‘Joint Organisation-formed entities’ or subsidiaries. The advantages of these Joint

Organisation-formed subsidiaries are that they keep the core Joint Organisation relatively

lean, focussed on policy setting and at ‘arms-length’ from significant service and asset

management and risk.

Emerging Direction – Regionally Defined Functions

Joint Organisations must be enabled, under legislation, to undertake a range of regionally defined functions. This would provide each Joint Organisation with options for how they undertake these regionally defined functions, either through the ‘core’ or Joint Organisation-formed entity.


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Part B: Entity and Powers

The Independent Local Government Review Panel recommended that Joint Organisations

be established as new statutory regional organisations under the Local Government Act. In

its response the Government agreed to identify the ‘necessary legislative model’ through the

Joint Organisation pilot process.

While the pilot process has confirmed that Joint Organisations should be enabled in the

Local Government Act, the following four broad options were identified and considered in

making this determination.

1. Do nothing

2. Body Corporate in the Local Government Act (Prescriptive)

3. Hybrid Statutory Corporation

4. Body Corporate in the Local Government Act (Enabling)

Consideration was given to Joint Organisations as bodies corporate rather than bodies politic

due to changes in the Commonwealth Fair Work Act, which now expressly excludes local

government from the national industrial relations system. In light of this, it was determined

that Joint Organisations be considered as bodies corporate not bodies politic.

Option 1 – Do nothing

The Government’s response to the Independent Local Government Review Panel made it

clear that this is not an option to be pursued. It perpetuates issues with, and limitations of,

existing regional collaboration arrangements including:

lack of legal status;

inability to enter into contracts, tender, employ staff or own assets; and

ad-hoc membership and relationships across regional and rural NSW.

Option 2 – Body Corporate in the Local Government Act (Prescriptive)

This option is not an entity to be pursued as it would prescribe in detail a ‘one size fits all’ set

of functions, governance and accountability arrangements for Joint Organisations. This

would limit flexibility and potentially impose a high regulatory burden.

The pilot process has reinforced the need for flexibility and a low red tape burden, in keeping

with the principles underpinning both the Local Government Act review, and the proposed

principles for the Joint Organisation model.

Option 3 – Hybrid Statutory Corporation

This option enables Joint Organisations as statutory corporations through a combination of

provisions in the Local Government Act and existing body corporate legislation from a limited

suite of existing entity types including:

Incorporated Association under the Associations Incorporation Act 2009 (NSW); or

Company Limited by Guarantee under the Corporations Act 2001 (Cth).

This would require minimal change to the Local Government Act but create added

complication with the requirement that Joint Organisations establish themselves as one of

these two entities.


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Some separate governance requirements, financial and asset management and reporting

would be required through the Associations Incorporation Act or the Corporations Act.

Option 4 – Body Corporate in the Local Government Act (Enabling)

Like Option 2, this option enables Joint Organisations as bodies corporate wholly under the

Local Government Act. However unlike Option 2, this option provides for flexibility for the

Joint Organisation to operate and carry out regionally-defined (optional) functions, either

directly or through other arrangements.

All statutory requirements including core functions, mandatory membership requirements, the

role of the governing body as well as any governance, reporting and staffing requirements

would be provided for within the Local Government Act framework. The model would also

provide flexibility for the Joint Organisation to undertake regionally defined functions either

directly or through other arrangements.

The Local Government Act would require that each Joint Organisation be established by

proclamation outlining details such as name, functions, membership, fees and designated

area consistent with minimal requirements in the Act.

The direction that emerged very strongly through consultation at the Mid-Pilot Workshop is

that the Joint Organisation entity should be Body Corporate in the Local Government Act

(Enabling). Reasons participants preferred this model included that it is:

embedded and enabled in the Local Government Act;

protected from changes outside the Local Government Act;

less ‘messy’ than the hybrid model;

the most enabling and flexible option;

able to define core functions;

protective of staff under the Local Government (State) Award;

able to facilitate secondments from councils to Joint Organisations and to attract staff

from within the industry;

less expensive to manage administratively;

less onerous in terms of reporting responsibilities than the hybrid model;

less likely to result in liability issues, such as for company directors under the

Corporations Act; and

consistent with the philosophy, paradigm and framework of Joint Organisations.

This option may look something like this:


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Fig 2: Body Corporate in the Local Government Act (enabling)

Emerging Direction – Entity and Powers

The Joint Organisation entity should be Body Corporate in the Local Government Act (Enabling). This will enable the Joint Organisation to operate wholly under the Local Government Act and have other provisions within the Act apply to Joint Organisations.


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Part C: Governance and Accountability

The Joint Organisation pilots are trialling various governance models as outlined in their

Charters. In particular, these variances occur in the composition of the Board and in voting

and decision making. Some of the differences include:

1 Vs. 2 representatives from each member council;

Equal Vs. Unequal voting of all member councils;

Mayor as representative Vs. nominated elected representatives; and

Voting Chair Vs. Independent non-voting Chair.

Due to the variance in models being piloted, discussion at the Mid-Pilot Workshop was not

focussed on trying to identify the ‘right’ or ‘best’ model for the implementation of Joint

Organisations. Discussion at the workshop focussed on what has been learnt through the

pilot process so far. Some of these learnings include:

Must have a ‘regional hat’ on as part of a Joint Organisation

Need a ‘circuit breaker’ if decision cannot be reached

Must have strong communications with member councils

Joint Organisations should be enabled by a Statement of Regional Priorities process

Need Executive Officer to be Senior Staff/GM or DPC Regional Coordinator

Equivalent.

There were mixed views on resourcing the Joint Organisation and whether this should be the

responsibility of member councils or whether Joint Organisations should be jointly funded by

the State.

While it is intended that the Joint Organisation Model be flexible enough to allow Joint

Organisations to have regional variances to meet regional requirements, there are certain

elements that would from part of the Joint Organisation model ‘consistent core’. Although

potentially contentious, minimum requirements for elements such as the composition of the

Board, voting and decision making, role of members, planning and reporting and resourcing

will likely form part of the core Joint Organisation model.


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Emerging Direction – Governance and Accountability

Composition of the Joint Organisation Board:

One representative from each full member council

DPC regional coordinator is an associate (non-voting) member

Representative of member councils must be an elected representative and chosen by the council based on capability and capacity

Appointment to the Joint Organisation Board is 2 years to align with proposed changes to mayoral terms

The Chair of the Joint Organisation Board is to be chosen by the voting members of the Board.

Voting and decision making:

Member councils should have equal voting rights

The Chair should not have a casting vote

Appropriate authority for core regional functions should be delegated to the Joint Organisation

A majority vote on a Joint Organisation Board (75%) should be required for a decision to be made, to recognise the importance of regional-scale decision making.

Role of Joint Organisation Board members:

The Joint Organisation member role should be modelled on the councillor role in the Act but includes a need to act in the best interest of the Joint Organisation and region as a whole

The role of the Chair should be modelled on the role of the Mayor (less the urgent policy making function), with a requirement to act in the best interests of the region as a whole.

Planning and Reporting:

Joint Organisations should be required to develop succinct work plans drawn from existing local and regional plans, in collaboration with the State Government and others and identify Key Performance Indicators (KPIs)

Joint Organisations should be required to produce succinct Annual Performance Statements to show key stakeholders the extent to which they are achieving their priorities according to the KPIs identified by the Joint Organisation

Current minimum requirements in the Local Government Act for financial reporting and accounting for councils apply to Joint Organisations.

Resourcing:

Joint Organisation members should receive a Joint Organisation Board sitting fee

Members fund ongoing administration and regional priorities from available sources, most likely largely based on contributions from member councils using a locally negotiated formula

Joint Organisation staff be employed under the Local Government (State) Award

Joint Organisations be required to employ an Executive Officer, with the equivalent capabilities and at an equivalent level to a General Manager, senior staff member in a council or a Department of Premier and Cabinet Regional Coordinator.


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Part D: Other Considerations

Boundaries

The Local Government Act will require mandatory membership of Joint Organisations within

designated areas based on clear communities of interest, within strategic regional growth

planning boundaries.

Boundary criteria noted during the early stages of the reforms journey by the Local

Government Review Panel and included in the Joint Organisation Roadmap state that the

Joint Organisation must:

align with/nest within strategic regional growth planning boundaries;

demonstrate a clear community of interest between member councils;

not adversely impact on other councils or Joint Organisations;

be based around a strong regional centre, where possible; and

be of appropriate scale and capacity to partner with the State and Federal

Government and other investment partners.

County Councils

In its response to the Independent Local Government Review Panel, the Government said it

would consider the relationship between existing county councils and water utilities with Joint

Organisations.

This work will happen in the coming months when there is greater certainty around what the

Joint Organisation entity will look like, as well as its governance and resourcing

arrangements. This issue will be explored further in the Joint Organisation Working

Framework Paper.

JO Formed Entities

Further work needs to be undertaken to explore Joint Organisation-formed entities and the

relationship these entities will have with the core Joint Organisation. This will be explored

further in the Joint Organisation Working Framework Paper.

Next steps

Following consultation refinement of the key areas of the Joint Organisation Model will inform

a Joint Organisation Working Framework Paper. The Joint Organisation Working Framework

Paper will be released for discussion during October 2015.

An evaluation report and final Joint Organisation Model will be finalised in early 2016 to

inform Cabinet and Bill processes in the second quarter of 2016. Implementation of the final

Joint Organisation Model is planned from September 2016.

Fig 3: Next steps


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MEMBERS Gunnedah Shire Council

Gwydir Shire Council Liverpool Plains Shire Council

Moree Plains Shire Council Narrabri Shire Council

Tamworth Regional Council Walcha Council

ASSOCIATE MEMBER Uralla Shire Council

Joint Organisation

NAMOI COUNCILS PO Box 555 TAMWORTH NSW 2340

T 02 6767 5267 F 02 6767 5499 M 0467 616066

E:[email protected] ABN: 35 540 425 772

Working together to increase the sustainability and effectiveness of Local Government Page 1

The Secretary Joint Organisations Emerging Directions Office of Local Government Locked Bag 3015 NOWRA NSW 2541

e-mail: [email protected] Dear Sir

Joint Organisations Emerging Directions Paper The Board of the Namoi Councils Joint Organisation reviewed the “Joint Organisations Emerging Directions Paper” at a meeting held on 1 October 2015 and has directed me to provide the following response in relation to the proposals for Joint Organisations contained with the Directions Paper. Firstly, the overall conclusions of the Directions Paper consistently reflect the position Namoi Councils has taken on the key elements of a legislatively enabled Joint Organisation. The following specific comments are submitted for your consideration: Option 4 – Entity and Powers Option 4 (page 11) is the preferred Option for the establishment of a Joint Organisation as a “Body Corporate” enabled by a specific provision in the Local Government Act sits very comfortably with the view of the Board of Namoi Councils JO as expressed through the Pilot process discussions. This option enables Joint Organisations as bodies corporate wholly under the Local Government Act and provides for flexibility for the Joint Organisation to operate and carry out regionally-defined (optional – non-core) functions, either directly or through other arrangements. All statutory requirements including core functions, mandatory membership requirements, the role of the governing body as well as any governance, reporting and staffing requirements would be provided for within the Local Government Act framework. This Option and Model will provide flexibility for the Joint Organisation to undertake regionally defined functions either directly or through other arrangements.


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2/3

Governance and Accountability The conclusions reach on Governance and Accountability (page 14) are supported with one exception in relation to the composition of Joint Organisation Board and membership. The Directions Paper nominates that the JO “Representative of member councils must be an elected representative and chosen by the council based on capability and capacity” but does not nominate that the representative be the Mayor of member Councils. The representative chosen by JO member Councils may well be the Mayor in most cases. However, it is submitted that the Mayor of member Councils must be the representative for reason the Mayor is a key member of the leadership group of each member Council and should also form part of the regional governance and regional leadership group at the Joint Organisation level. The Mayor of member Councils holds the gravitas that is associated with the position of Mayor and is able to record a vote at JO Meetings which faithfully reflects the policies, views and opinions of his or her Council without having the refer back to the member Council for direction or clarification. JO Board positions comprising of the Mayor of each full member Council will be very important and influential positions from a regional perspective and should naturally be filled by the Mayor from member Councils. Namoi Councils’ view is that on balance the Mayor, or in the absence and inability of the Mayor to attend meetings, the Mayor’s delegate, be the appointed representative of Joint Organisation full member Councils. It follows that the Local Government Act Joint Organisation enabling provision must also nominate that JO Board positions be filled by the Mayor, or his or her delegate, from member Councils. The Mayor’s delegate would only attend Joint Organisation Meetings and act on behalf of the Mayor in circumstances where the Mayor is unable attend for reasons of illness, or other Council and personal reasons. JO Decision Making In relation to voting and decision making, the Directions Paper nominates that a majority vote of 75% should be required for a decision to be made so as to recognise the importance of regional-scale decision making. Most democratic organisations work on the basis of a simple (51%) majority rule for decisions to be made. In the context of a 7 member Namoi Councils Joint Organisation, a simple majority would equate to a vote of at least 4 recorded for or against a motion for a decision to be made. Under the simply majority rule, a quorum of one more than half of the membership would constitute a quorum. In the case of Namoi Councils, a quorum would constitute 4 full member Councils for a decision to be made. Applying the 75% majority voting standard to the Namoi Councils Joint Organisation, 6 members would be required to record their vote for or against a motion for a decision to be made. Logically, it then follows that a quorum would also constitute 6 full member Councils for a decision to be made.


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3/3

Namoi Councils’ view is that consensus among Joint Organisation member Councils should be the basis for a decision to be made. However, in promoting the consensus rule, no objection is raised in respect of a voting majority of 75% of the Joint Organisation membership being required for a decision to be made. A 75% voting majority would underpin and support consensus and recognise the importance of regional-scale decision and ensure stable and consistent regional collaboration, leadership and advocacy reflecting widespread regional views. Should the 75% majority voting standard be enabled by either legislation or regulation, clarification of what constitutes a quorum must also be confirmed so as to avoid any confusion. Namoi Councils appreciates the opportunity to submit comments in respect of the proposals contained within the “Joint Organisations Emerging Directions Paper”. As a Pilot Joint Organisation, Namoi Councils will be in a position to provide a more detailed response for a Joint Organisation Model when call upon to do so. Yours faithfully Cr Conrad Bolton Deputy Chairperson NAMOI COUNCILS JOINT ORGANISATION Contact 02 6767 5267 7 October 2015


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Holding Summary: By Rating Amount Percentage

Cash Investments Held: AA- 22,500,000.00 42.86%

Cash Investments Held: A- 15,500,000.00 29.52%

Cash Investments Held: BBB+ 9,000,000.00 17.14%

Cash Investments Held: BBB 5,500,000.00 10.48%

Total $52,500,000.00 100.00%

Holding Summary: By Institution Amount Percentage

AMP 5,000,000.00 9.52%

Bank of Queensland 9,000,000.00 17.14%

Bankwest 2,000,000.00 3.81%

Commonwealth - Cash Account 2,000,000.00 3.81%

Bendigo Bank 3,000,000.00 5.72%

Westpac 5,000,000.00 9.52%

People's Choice Credit Union 5,000,000.00 9.52%

Credit Union Australia 2,500,000.00 4.76%

ME Bank 3,000,000.00 5.72%

National Australia Bank 10,500,000.00 20.00%

Rural Bank 5,500,000.00 10.48%

Total $52,500,000.00 100.00%

Holding Summary: By Maturity Amount Percentage

< One Month 6,000,000.00 11.43%

> Two Month & < Three Months 5,500,000.00 10.48%

> Four Month & < Six Months 24,000,000.00 45.71%

> Six Month & < One Year 8,000,000.00 15.24%

> Twelve Months 7,000,000.00 13.33%

On line Saver (No set maturity date) 2,000,000.00 3.81%Total $52,500,000.00 100.00%

INVESTMENTS REGISTER

As at 30th September 2015


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Term Deposits

Ref No. Rating Institution Cost Deposit Date Rate Term Due Date Interest

I1187 AA- Commonwealth - Cash Account 2,000,000.00 12-Jun-12 0.0180 30 30-Sep-15 2,958.90

I1576 BBB ME Bank 2,000,000.00 02-Jul-15 0.0295 91 01-Oct-15 14,709.59

I1571 BBB ME Bank 1,000,000.00 11-Jun-15 0.0285 124 13-Oct-15 9,682.19

I1558 AA- National Australia Bank 2,000,000.00 21-Apr-15 0.0297 184 22-Oct-15 29,944.11

I1565 A- Bankwest 1,000,000.00 28-May-15 0.0300 151 26-Oct-15 12,410.96

I1543 AA- Westpac 1,000,000.00 15-Nov-14 0.0360 365 15-Nov-15 36,000.00

I1544 AA- Westpac 2,000,000.00 27-Nov-14 0.0360 365 27-Nov-15 72,000.00

I1548 BBB Credit Union Australia 1,500,000.00 15-Dec-14 0.0355 365 15-Dec-15 53,250.00

I1549 AA- Westpac 1,000,000.00 18-Dec-14 0.0360 365 18-Dec-15 36,000.00

I1559 BBB+ People's Choice Credit Union 2,000,000.00 23-Sep-15 0.0295 103 04-Jan-16 16,649.32

I1562 AA- National Australia Bank 1,000,000.00 06-May-15 0.0288 245 06-Jan-16 19,331.51

I1564 BBB+ Rural Bank 2,000,000.00 26-May-15 0.0290 231 12-Jan-16 36,706.85

I1568 A- Bank of Queensland 1,000,000.00 04-Jun-15 0.0295 229 19-Jan-16 18,508.22

I1551 AA- National Australia Bank 2,000,000.00 22-Feb-15 0.0319 334 22-Jan-16 58,381.37

I1569 A- Bank of Queensland 1,000,000.00 10-Jun-15 0.0295 233 29-Jan-16 18,831.51

I1570 A- Bank of Queensland (Trust) 1,000,000.00 10-Jun-15 0.0295 233 29-Jan-16 18,831.51

I1575 AA- National Australia Bank 2,000,000.00 02-Jul-15 0.0295 215 02-Feb-16 34,753.42

I1566 AA- National Australia Bank 1,500,000.00 28-May-15 0.0293 250 02-Feb-16 30,102.74

I1567 BBB+ People's Choice Credit Union 1,000,000.00 03-Jun-15 0.0295 246 04-Feb-16 19,882.19

I1577 AA- National Australia Bank 1,000,000.00 15-Jul-15 0.0301 215 15-Feb-16 17,730.14

I1563 A- Bank of Queensland 1,000,000.00 12-May-15 0.0280 280 16-Feb-16 21,479.45

I1581 A- Bank of Queensland 2,000,000.00 25-Aug-15 0.0280 184 25-Feb-16 28,230.14

I1582 BBB+ Rural Bank 1,500,000.00 31-Aug-15 0.0285 182 29-Feb-16 21,316.44

I1583 BBB+ Rural Bank 2,000,000.00 03-Sep-15 0.0285 182 03-Mar-16 28,421.92

I1580 A- Bankwest 1,000,000.00 30-Jul-15 0.0290 230 16-Mar-16 18,273.97

I1586 A- Bank of Queensland 1,000,000.00 29-Sep-15 0.0290 183 30-Mar-16 14,539.73

I1585 AA- National Australia Bank 1,000,000.00 24-Sep-15 0.0300 210 21-Apr-16 17,260.27

I1574 AA- Westpac 1,000,000.00 03-Jun-15 0.0300 366 03-Jun-16 30,082.19

I1572 BBB Credit Union Australia 1,000,000.00 24-Jun-15 0.0300 365 23-Jun-16 30,000.00

I1573 BBB+ People's Choice Credit Union 2,000,000.00 25-Jun-15 0.0300 364 23-Jun-16 59,835.62

I1579 A- Bendigo Bank 2,000,000.00 09-Jul-15 0.0290 364 07-Jul-16 57,841.10

I1561 A- Bendigo Bank 1,000,000.00 28-Jul-15 0.0290 365 27-Jul-16 29,000.00

I1560 AA- AMP 1,000,000.00 29-Apr-15 0.0290 546 26-Oct-16 43,380.82

I1553 AA- AMP 2,000,000.00 03-Mar-15 0.0320 734 06-Mar-17 128,701.37

I1554 AA- AMP 2,000,000.00 04-Mar-15 0.0320 740 13-Mar-17 129,753.42

I1555 A- Bank of Queensland 2,000,000.00 10-Mar-15 0.0346 1827 10-Mar-20 346,379.18Total Investments 52,500,000.00 1,561,160.14

INVESTMENT PORTFOLIO LISTINGOCTOBER BUSINESS PAPER - PUBLIC 21 OCTOBER 2015

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Ref No. Fund Amount Due Date Institution Term Rate Accumulated

Value Interest

I1570 Restricted 31,850.46 29-Jan-16 Bank of Queensland 233 0.0295 32,450.25 599.79

I1570 Gen W/Funds 157,527.34 29-Jan-16 Bank of Queensland 233 0.0295 160,493.82 2,966.48

I1570 INV - Unrestricted 580,000.00 29-Jan-16 Bank of Queensland 233 0.0295 590,922.27 10,922.27

I1570 Tru-Sports/Co. 195.89 29-Jan-16 Bank of Queensland 233 0.0295 199.58 3.69

I1570 TRU-L/Gym 44,875.94 29-Jan-16 Bank of Queensland 233 0.0295 45,721.02 845.08

I1570 Tru-F O'KE 65,663.27 29-Jan-16 Bank of Queensland 233 0.0295 66,899.81 1,236.54

I1570 GOCO - R.A. 15,000.00 29-Jan-16 Bank of Queensland 233 0.0295 15,282.47 282.47

I1570 Respite R.A. 10,000.00 29-Jan-16 Bank of Queensland 233 0.0295 10,188.32 188.32

I1570 Tru-Art 17,687.32 29-Jan-16 Bank of Queensland 233 0.0295 18,020.40 333.08

I1570 Tru-Band 23,236.64 29-Jan-16 Bank of Queensland 233 0.0295 23,674.22 437.58

I1570 Tru-Scholarship - Rotary 14,108.03 29-Jan-16 Bank of Queensland 233 0.0295 14,373.71 265.68

I1570 Tru-Scholarship - Anonymous 27,431.06 29-Jan-16 Bank of Queensland 233 0.0295 27,947.63 516.57

I1570 Trust 12,424.05 29-Jan-16 Bank of Queensland 233 0.0295 12,658.01 233.96Total 1,000,000.00 1,018,831.51 18,831.51

SUMMARY TRUST INVESTMENTS


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Fund Amount Interest

Gen W/F 8,980,448.10 747,931.20

Gen Res - (Externally Restricted) 80,094.80 To Gen

Reserve Funds (Internally Restricted) 13,017,948.42 To Gen

Unexpend Grants & Contributions & Loans 3,173,507.75 To Gen

Saleyards 1,046,587.23 31,343.33

Domestic Waste Management 4,089,252.76 122,465.47

S94 Carpark 135,907.64 4,070.18

S94 Water GWS 2,409,958.23 72,173.74

S94 Water CWS 66,368.62 1,987.62

S94 Curlewis Sewer 38,144.07 1,142.34

S94 Sewer 933,383.73 27,953.10

S94 O/Space/P Res. 19,671.03 589.11

S94 Drain 288,744.04 8,647.34

S94a Levies 1,425,020.17 42,676.69

S94 Community Facilities 27,048.28 810.05

GWS W/F 20,000.00 230,561.46

GWS Res 7,678,693.43 To W/F

CWS W/F 30,000.00 18,176.90

CWS RES 576,946.00 To W/F

MWS W/F 18,769.00 562.10

MWS Res 104,260.00 3,122.39

TWS W/F 2,000.00 2,586.11

TWS RES 84,353.00 To W/F

GS W/F 20,000.00 192,481.49

GS Res 6,407,162.50 To W/F

CS W/F 2,000.00 47,770.53

CS Res 1,593,109.00 To W/F

TRUST 12,424.05 To Gen

Trust-Sport C 195.89 3.69

Trust-Lyl/Gri 44,875.94 845.08

Trust-F. O'KE 65,663.27 1,236.54

Trust-Arts 17,687.32 333.08

R.A. - GOCO 15,000.00 282.47

R.A. - Respite 10,000.00 188.32

Trust - Scholarship Fund - Anonymous 27,431.06 516.57

Trust - Scholarship Fund - Rotary 14,108.03 265.68

Trust-Band 23,236.64 437.58Total $52,500,000.00 $1,561,160.14

FUNDS SUMMARY


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1. Note the actual figures shown below are interest collected to date

and do not include the interest figures above.

2. Note interest on BANK BILLS has already been bought to account, therefore

no interest will be added to the figures below upon maturity for BANK BILLS.

Fund Details: Estimate Actual

General 705,600.00 286,885.55

S94 & S64 Cont. 147,709.00 57,666.62

Domestic Waste 89,552.00 38,616.07

Saleyards 32,985.00 11,112.55

G.W.S.L.F. 310,981.00 83,625.92

C.W.S.L.F. 20,357.00 6,205.67

M.W.S.L.F. 5,423.00 1,415.77

T.S.W.S.L.F. 3,019.00 71,824.69

G.S.L.F. 117,641.00 17,304.84

C.S.L.F. 32,482.00 856.56

Total $1,465,749.00 $575,514.24

Organisations

Tru-Sport C 0.00

Tru-Bi Cenn/Art 0.00

Tru-Lyl/Grif - Gym 0.00

Tru-O'KE 0.00

Tru-PORCUPINE 0.00

Tru-BAND 0.00Total $0.00

INTEREST ON INVESTMENTS SUMMARY


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Investment Details Amount

Unrestricted Investments 12,796,492.26

Total Unrestricted 12,796,492.26

Internally Restricted Investments:

- General Fund 14,153,788.41

Externally Restricted Assets

- Unexpended Grants 3,168,507.75

- Unexpended Contributions 5,000.00

- Developer Contributions 2,058,376.29

- Water Funds 11,035,553.51

- Sewerage Funds 9,076,659.58

Other Cash Restrictions:

- Trust Fund 205,622.20

Total Restricted $39,703,507.74Total Investments $52,500,000.00

INVESTMENT RESTRICTIONS


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General Fund

Commonwealth Bank - 540,377.04 8,968,024.05 9,769,788.51

Restricted

Assets - - 21,444,815.01 21,183,427.59

S94

Contributions - - 5,344,245.81 5,344,245.81

Trust Fund

Commonwealth Bank - 275,983.07 205,622.20 481,605.27

Gunnedah Water

Supply Local Fund - - 7,698,693.43 7,698,693.43

Curlewis Water

Supply Local Fund - - 606,946.00 606,946.00

Mullaley Water

Supply Local Fund - - 123,029.00 123,029.00

Gunnedah Sewerage

Local Fund - - 6,427,162.50 6,427,162.50

Curlewis Sewerage

Local Fund - - 1,595,109.00 1,595,109.00

Tambar Springs Water

Supply Local Fund - - 86,353.00 86,353.00 Total - 816,360.11$ 52,500,000.00$ 53,316,360.11$

STATEMENT OF BANK BALANCES (CASH BOOK)

TOTALCredit Balance Debit Balance Investment Balance


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General Fund 1,698,544.15 5,573,706.93 6,726,789.23 5,084.81 540,377.04

Trust Fund 257,175.27 32,487.00 13,679.20 - 275,983.07

Total 1,955,719.42$ 5,606,193.93$ 6,740,468.43$ 5,084.81$ 816,360.11$

Bank Statement Balance

Outstanding Deposits

Unpresented Cheques

Cash Book Balance

17,362.63 15,027.58 540,377.04

1,307.00 2,550.20 275,983.07

-

815,268.26$ 18,669.63$ 17,577.78$ 816,360.11$

Amount

1,698,544.15

5,573,706.93

(6,726,789.23)

(5,084.81) 540,377.04

Additional details:

Unpaid Accounts in the Office amount to 486,719.45

Limit of Overdraft arranged with the Bank 500,000.00

Limit of Overdraft authorised by Auditor's Certificate 18,370,000.00

TRANSACTION SUMMARY

Opening Balance Receipts Received Payments Made Bank Fees Closing BalanceFund

538,041.99

RECONCILIATION STATEMENT

Fund

General Fund

277,226.27 Trust Fund

Add: Receipts for period ended

Less: Payments for period (subect to Warrant)

Less: Bank feesTotal (cash account)

Total

GENERAL FUND SUMMARY

Details

Opening Balance (cash account)


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DetailsPaid Subject to Confirmation

General Fund

Cheques 30,181.05

Bank Charge 5,084.81

EFT Transfers 2,056,995.08

Investment Transfers 4,000,000.00

Payroll 639,613.10

Trust Fund

Cheque 13,679.20 Total 6,745,553.24$

Eric Groth

GENERAL MANAGER

I CERTIFY that this Warrant, covering amounts totalling six million, seven hundred and

forty five thousand, five hundred and fifty three dollars and twenty four cents ($6,745,553.24) was

submitted to the Ordinary Meeting on the 21st October 2015, and that the amounts are

recommended to the Council for confirmation of payment.

WARRANT NO. OCTOBER 2015

This Warrant, a copy of which was submitted to each member of the Council on the 21st

October 2015, has been checked, fully supported by vouchers and invoices

submitted, and has been certified as the receipt of goods and/or rendition of

services as to prices, computations on costings and the amount due for payment.


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Executive Manager, Business Systems and Governance Report

ITEM 1 Public Interest Disclosures Act – Annual Report 2014/15

MEETING Ordinary Meeting – 21 October 2015 DIRECTORATE Business Systems and Governance AUTHOR Governance Officer – Risk Management POLICY Nil LEGAL Public Interest Disclosures Act 1994 Public Interest Disclosures Regulation 2011 FINANCIAL Nil STRATEGIC LINK Community Strategic Plan

1.2.5 Identify continuous improvements to Council’s business processes and systems including Customer Service delivery.

Operational Plan 1.2.5.7 Provide systems and processes to identify and manage the risks

of Council, both operational and strategic. ATTACHMENTS Public Interest Disclosures Act Annual Report 2014/15

OFFICER’S RECOMMENDATIONS: 1. That the Public Interest Disclosures Act – Annual Report 2014/15 be received and

noted. 2. That a copy of the Public Interest Disclosures Act – Annual Report 2014/15 be

forwarded to the NSW Ombudsman and the Division of Local Government by 31 October 2015 in accordance with legislative requirements.

PURPOSE Council is required to report annual on its obligations under the Public Disclosures Act 1994 (PID Act). The report must be in accordance with the requirements of Section 31 of the PID Act and Clause 4 of the Public Interest Disclosures Regulation 2011 (PID Regulation). BACKGROUND Councils are required to provide the NSW Ombudsman with statistical information on their compliance with their obligation under the PID Act. The data provided in the report is useful in determining whether the Act is operating effectively to protect public officials who disclose wrongdoing and whether public authorities are complying with the Act. COMMENTARY The annual report must include: Number of public officials who made PIDs; Number of PIDs received; Of PIDs received, number primarily about:

Corrupt conduct. Maladministration. Serious and substantial waste. Government information contravention. Local government pecuniary interest contravention.

Number of PIDs finalised.


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ITEM 2 Government Information (Public Access) Act 2009 – Annual Report 2014/15

MEETING Ordinary Meeting – 21 October 2015 DIRECTORATE Business Systems and Governance AUTHOR Governance Officer – Risk Management POLICY Nil LEGAL Government Information (Public Access) Act 2009 FINANCIAL Nil STRATEGIC LINK Community Strategic Plan

1.2.5 Identify continuous improvements to Council’s business processes and systems including Customer Service delivery.

Operational Plan 1.2.5.7 Provide systems and processes to identify and manage the risks

of Council, both operational and strategic. ATTACHMENTS Government Information (Public Access) Act 2009 Annual Report 2014/15

OFFICER’S RECOMMENDATIONS: 1. That the Government Information (Public Access) Act 2009 Annual Report 2014/15 be

received and noted. 2. That a copy of the Government Information (Public Access) Act 2009 Annual Report

2014/15 be forwarded to the Office of the Information Commissioner and the Division of Local Government by 31 October 2015 in accordance with legislative requirements.

PURPOSE This report is provided in accordance with the requirement to produce an Annual Report on Council’s Government Information (Public Access) Act 2009 (GIPA) to the Information Commissioner and the Division of Local Government.

BACKGROUND The Government Information (Public Access) Act 2009 (GIPA Act) commenced on 1 July 2010. The object of the GIPA Act is to open government information to the public by: Authorising and encouraging the proactive release of information; Giving members of the public an enforceable right to obtain government information; and Only restricted access to government information when there is overriding public interest against

disclosure. COMMENTARY All government bodies that are agencies for the purpose of the GIPA Act must prepare an annual report on the GIPA obligations. Section 125(1) of the GIPA Act states that all agencies must submit their GIPA annual reports to the Minister responsible for the agency within four months of the end of each reporting year. A copy of the report must also be sent to the Information Commissioner. The annual report must include: Review of proactive release program – Clause 7(a); Number of access applications received – Clause (b); Number of refused applications for Schedule 1 Information – Clause 7(c).


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ITEM 3 Disclosures by Councillors and Designated Persons MEETING Ordinary Meeting – 21 October 2015 DIRECTORATE Community and Corporate Services AUTHOR Executive Manager, Business Systems and Governance POLICY Nil LEGAL Local Government Act 1993, Section 449 and 450 FINANCIAL Nil STRATEGIC LINK Community Strategic Plan

1.2.1 Identify initiatives to enhance transparency of Council decision-making and performance, including the implementation of Council resolutions, policies, plans and financial strategies.

Operational Plan 1.2.1.1 Promote and support effective open and transparent Council

decision making. ATTACHMENTS Register of Disclosures by Councillors and Designated Persons (to be

tabled)

OFFICER’S RECOMMENDATIONS: That in relation to the report “Disclosures by Councillors and Designated Persons”, Council: 1. Note that seven Councillors and identified designated persons have completed and

lodged Disclosure of Interest Returns in accordance with Section 449(3) of the Local Government Act 1993; and

2. Advise the Office of Local Government accordingly.

PURPOSE The purpose of this report is to satisfy the requirements of Section 450A of the Local Government Act 1993 and table that Disclosure of Interest Returns from Councillors and designated persons have been completed and lodged. BACKGROUND Section 450A(2) requires returns lodged with the General Manager under Section 449 must be tabled at meeting of the Council, being:

b) in the case of a return lodged in accordance with Section 449(3) – the first meeting held after the last day for lodgement under that subsection.

Seven (7) out of eight (8) Councilors have completed their disclosures and all designated persons have complied with Section 449(3) provision of the Act in relation to disclosure of interests. The Register of Disclosure of Interest is available for perusal by any Councillor or member of the public. It should be noted that as at 14 October 2015, Mr Tim Duddy had not returned a completed Disclosure.


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ITEM 4 Casual Vacancy in Civic Office MEETING Ordinary Meeting – 21 September 2015 DIRECTORATE Business Systems and Governance AUTHOR Executive Manager Business Systems and Governance POLICY Nil LEGAL Local Government Act 1993, Section 294 FINANCIAL Nil STRATEGIC LINK Community Strategic Plan 1.2.5 Identify continuous improvements to Council’s business,

process and systems including Customer Service delivery. Operational Plan 1.2.5.6 Manage and conduct local government election process. ATTACHMENTS Nil

OFFICER’S RECOMMENDATIONS: 1. That pursuant to Section 294(2)(a) of the local Government Act 1993, Council make an

application to the Minister that the vacancy which has occurred in office due to the recent resignation of Mr Tim Duddy not be filled and that no by-election be held;

2. That due to the resignation of Mr Tim Duddy, Council selects new representatives to

the following Committees, Working Groups and Representations and Delegates registers:

Audit Committee Racecourse Committee of Management Business Partner Program Working Group Gunnedah Floodplain Management Working Group Saleyards Working Group Joint Regional Planning Panel Rural Fire Service Bushfire Management Committee

PURPOSE

To provide Council with information regarding the legislative requirements related to a casual vacancy occurring in civic office.

BACKGROUND

As per the Local Government Act 1993, a ‘casual vacancy’ now exists in the civic office of Councillor due to the resignation of Mr Tim Duddy. A Casual Vacancy Occurs When (s.234 of the Act): (1) A civic office becomes vacant if the holder:

(a) dies, or (b) resigns the office by writing addressed to the general manager, or (c) is disqualified from holding civic office, or (d) is absent from 3 consecutive ordinary meetings of the council (unless the holder is absent because he or she has been suspended from office under this Act or because the council has been suspended under this Act) without:

(i) prior leave of the council, or (ii) leave granted by the council at any of the meetings concerned, or

(e) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or


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(f) becomes a mentally incapacitated person, or (g) is dismissed from civic office, or (h) ceases to hold the office for any other reason.

Meeting quorum A casual vacancy in office can affect the quorum for a meeting. A quorum is present if a majority of the councillors who hold office for the time being are present at the meeting (s.368 of the Act). In determining the number of councillors for the purposes of calculating quorum, any casual vacancies in councillor offices and any suspended councillors are not to be counted. In Gunnedah’s case, with two casual vacancies in office, seven (7) councillors hold office for the time being and the quorum, being the majority of seven (7) will become four (4) councillors. COMMENTRY Notification of vacancy (s. 285 of the Regulation): When a civic office in an area becomes vacant, the general manager of the council of the area is to give notice of the vacancy within 7 days:

(a) to the Director-General and the Secretary of the Local Government and Shires Association of New South Wales if the vacancy is in the office of a mayor elected by councillors, or (b) to the Electoral Commission, the Director-General and the Secretary of that Association in any other case.

Within seven (7) days of a casual vacancy occurring in office, the Council is required to provide notification of that vacancy occurring to the Shires Association and the NSW Electoral Commission. This notification is provided by the General Manager and does not require a resolution of Council. All required notifications under Section 285 of the NSW Local Government Regulation 2005 have been completed within legislative timeframes. Dispensing with by-elections (S. 294 of the Act): (1) This section applies if a casual vacancy occurs in the office of a councillor, including a mayor elected by the electors of an area, within 18 months before the date specified for the next ordinary election of the councillors for the area. (2) If such a casual vacancy occurs in the office of a councillor (but not the office of a mayor elected by the electors), the Minister may, on the application of the council:

(a) order that the vacancy not be filled, or (b) order the holding on a stated day of a by-election to fill the vacancy and revoke any earlier order made under paragraph (a).

(3) If such a casual vacancy occurs in the office of a mayor elected by the electors, the casual vacancy is to be filled by the Governor appointing to the vacant office a councillor nominated by the council. (4) If the council does not nominate a councillor for the purposes of subsection (3), the Governor may appoint one of the councillors to the vacant office. If a casual vacancy occurs in civic office it would normally be filled by by-election (s.291 of the Act). However, in certain situations, the Council may, on application to the Minister elect to dispense with by-elections. This provision applies when the casual vacancy occurs in the office of councillor within 18 months before the date specified for the next ordinary election of the councillors for the area. The purpose of this section of the act is to allow the Council to avoid the extensive costs associated with running a by-election. Given that the Council is 12 months away from the next ordinary election it has been recommended that Council pursue this option. For an application to be made to the Minister under this section of the Act, a resolution of Council is required as per the Officer’s Recommendation.


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ITEM 5 Policy – Councillors and Mayor – Payment of Expenses and Provision of Facilities

MEETING Ordinary Meeting – 21 October 2015 DIRECTORATE Business Systems and Governance AUTHOR Executive Manager Business Systems and Governance POLICY Council’s Policy Framework

LEGAL Local Government Act 1993, ss.248 to 254A FINANCIAL Nil STRATEGIC LINK Community Strategic Plan 1.2.1 Identify initiatives to enhance transparency of Council decision-

making and performance, including the implementation of Council resolutions, policies, plans and financial strategies


decision making. ATTACHMENTS Councillors and Mayor – Payment of Expenses and Provision of Facilities

Policy

OFFICER’S RECOMMENDATION: That Council adopt the attached draft “Councillors and Mayor – Payment of Expenses and Provision of Facilities Policy”.

PURPOSE The attached Policy is submitted to Council for its adoption following its 28 day exhibition period in compliance with the Act. BACKGROUND In accordance with the Local Government Act 1993 (the Act), Council is required to exhibit the Policy for no less than 28 days, and receive and consider any submissions made during that exhibition period. It is intended to exhibit the policy subject to Council’s adoption for exhibition and resubmit it to Council along with any submissions. The policy has been revised to ensure Australian taxation rates are current and updates have been incorporated into the policy, as previously reported to Council in August 2015, prior to exhibition. COMMENTARY The policy has been exhibited in accordance with the resolution with no submissions received; therefore it is recommended that the policy be adopted.


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ITEM 6 Code of Meeting Practice MEETING Ordinary Meeting – 21 October 2015 DIRECTORATE Business Systems and Governance AUTHOR Executive Manager Business Systems and Governance POLICY Code of Meeting Practice

Policy – Audio Recording of Council and Committee Meetings LEGAL Local Government Act 1993 FINANCIAL Nil STRATEGIC LINK Community Strategic Plan

1.2.1 Identify initiatives to enhance transparency of Council decision-making and performance, including the implementation of Council resolutions, policies, plans and financial strategies.


decision making. ATTACHMENTS 1. Amended Code of Meeting Practice 2. Policy – Audio Recording and Live Broadcast of Council Meetings

OFFICER’S RECOMMENDATIONS: 1. That Council adopt the revised Code of Meeting Practice as presented to the meeting. 2. That Council adopt the Policy – Audio Recording and Live Broadcast of Council

Meetings in place of the previous Policy - Audio Recording of Council Open Meetings.

PURPOSE This report is presented to Council to review the Code of Meeting Practice (‘the Code’) and to consider amendments to the Audio Recording Policy of Council to allow the live broadcasting of Council meetings over the internet. BACKGROUND Council’s Code of Meeting Practice was reviewed in 2013 resulting in significant amendments in relation to correction of referenced clauses under the Local Government Act 1993 and Local Government (General) Regulations. The review included amendments following the implementation of the Business Paper Agenda format and the introduction of the Request to Address Council/Committee Meeting Application Form. The implementation of the new Committee and Working Group structures during 2014 has introduced further change which has not yet been incorporated into the Code of Meeting Practice. Council has also received recommendations from both the Office of Local Government and from Council’s internal auditors regarding suggestions to improve the Code and to provide greater accessibility for citizens to council meetings by broadcasting meetings over the internet. The local Government Act advises that amendments to the Code of Meeting can be adopted without exhibition if the amendments to the Code are considered to be minor.


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COMMENTARY Live Broadcast of Council Meetings over the Internet The Office of Local Government and a number of internal reviews have recommended that Council improve the accessibility of Council meetings by making the meetings available over the internet. Previously this had not been technically feasible due to the quality of internet services into the Council building. However, with the technical issues now being resolved it is recommended that Council commence with live broadcasting the audio from meetings via the Council Website. A live broadcast would be undertaken using a technology platform that discourages recording; however it is feasible that someone listening at home could use a tape recorder or find another way of recording from the live feed but doing so would still be prohibited under the code and the Act. The quality of the recording would be largely dependent upon the ability of Councilors to remember to turn on the microphones before speaking and the broadcast would be provided to the public on a ‘best effort’ basis using the existing technology in the Chamber. There would be no editing or censoring of the live broadcast, so all participants in the meeting must be reminded that any comments into microphones are broadcast and recorded. The amendments to the Policy allow council to, by resolution, determine to stop the broadcast either at the beginning of the meeting or at any time during the meeting. Recording and broadcast of closed and confidential sections of Council are prohibited. Code of Meeting Practice – Minor Amendments The business paper agenda format has also been amended to reflect the inclusion of the Executive Manager Business Systems and Governance Report as an individual report to Council. The disbandment of the Works and Services Committee has also been affected and should be reflected on the Agenda format of the Code of Meeting Practice. There have also been minor amendments to reflect changes to legislation since the last review of the Code. Section 10A of the Local Government Act which outlines the part of a meeting that can be closed to the public has been amended a further ‘matter’ has been identified whereby Council can determine the meeting to be closed. The code has been updated to reflect this amendment. 10A Which parts of a meeting can be closed to the public?

(2) The matters and information are the following: (i) alleged contraventions of any code of conduct requirements

applicable under section 440. Code of Meeting Practice – Urgent Questions without Notice Council had previously included an opportunity for Councillors to pose Questions Without Notice on ordinary meeting agendas, however the Office of Local Government has advised that allowing ‘questions without notice’ is inconsistent with the provisions of clause 241(1) of the Local Government (General) Regulations which requires notice to be given of matters to be raised at Council meetings. Clause 241(1) of the Regulations states: 241 Giving notice of business

(1) A Council must not transact business at a meeting of the Council: (a) Unless a councillor has given notice of the business in writing within such

time before the meeting as is fixed by the Council’s Code of Meeting Practice or (if the Council does not have a code of meeting practice or its code of meeting practices does not fix that time) as is fixed by resolution of the council.

(b) Unless notice of the business has been sent to the Councilors in accordance with section 367 of the Act.


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During the last review of the Code the agenda item was changed from ‘Questions without Notice’ to ‘Urgent Questions without Notice’. Unfortunately, since the review this agenda item has been used to pose questions that would not be considered ‘urgent’ on a number of occasions and this has been identified by both the Office of Local Government and Council’s internal auditors as an issue. Based on a recommendation by the internal auditor it is recommended that the ‘Urgent Questions without Notice’ agenda item is replaced with a ‘Questions on Notice’ item. Any Councilor wishing to ask questions related to items that are not on the agenda is able to do so by submitting the question in writing 7 days before commencement of the meeting to allow the question to be included in the business paper.

ITEM 7 Policy – Unreasonable Complainant Conduct MEETING Ordinary Meeting – 21 October 2015 DIRECTORATE Business Systems and Governance AUTHOR Executive Manager, Business Systems and Governance POLICY Nil LEGAL Local Government Act 1993 FINANCIAL Nil STRATEGIC LINK Community Strategic Plan

1.2.5 Identify continuous improvements to Council’s business, processes and systems including customer service delivery. Operational Plan

1.2.5.7 Provide systems and processes to identify and manage all risks of Council both operational and strategic.

ATTACHMENTS Policy – Managing Unreasonable Complainants

OFFICER’S RECOMMENDATION: That Council adopts the Policy – Managing Unreasonable Complainant Conduct.

PURPOSE The purpose of this report is to provide clear and practical strategies to assist Council and staff to manage interactions with complainants whose conduct is identified as unreasonable. BACKGROUND Council staff recently underwent training provided by the NSW Ombudsman’s Office on how to to effectively manage unreasonable complainant conduct (UCC) and has recognised that dealing with these situations is a core part of complainant handling work. As such, dealing with UCC must be given adequate resources, including being supported by clear policies and procedures. A number of public organisations have taken steps to develop policies and procedures to assist and support their staff in this regard. Whilst this appears to have led to a general improvement in how UCC is managed, the NSW Ombudsman’s Office has indicated that there are significant variations in the level of detail and content of these policies, as well as a general lack of formal procedures to support them. As a result of the inconsistency with policies and procedures, the Parliamentary Ombudsman has identified a number of situations where unclear and/or informal policies and procedures have led to a range of administrative problems in how UCC is managed. The model policy has been developed to clarify the Ombudsman recommendations in relation to the management of UCC. The policy attempts to provide a robust, standardised and consistent model policy and procedure that Council can use to inform and support their policy development processes.


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The NSW Ombudsman has recommended that all organisations review their current policies and procedures and determine how best to implement the information contained in the model policy to suit their own circumstances and existing organizational systems and protocols. COMMENTARY Council does not have an existing policy specifically for managing unreasonable complainant conduct but a number of security incidents that have occurred recently and have previously been reported to Council have highlighted that a formal structure and procedure for consistently dealing with these situations is required. It is recommended to adopt the model policy as provided by the NSW Ombudsman with little modification to ensure best practice is followed. No exhibition period has been recommended for the Policy as it is a model policy based on best practice guidance from a NSW Government authority with little to no impact on the vast majority of residents.

ITEM 8 Mayor’s Weekend Seminar MEETING Ordinary Meeting – 21 October 2015 DIRECTORATE Business Systems and Governance AUTHOR Executive Manager, Business Systems and Governance POLICY Nil LEGAL Local Government Act 1993 FINANCIAL $1300.00 plus accommdation STRATEGIC LINK Community Strategic Plan

1.2.1 Identify initiatives to enhance transparency of Council decision making and performance, including the implementation of Council resolutions, policies, plans and financial strategies.

Operational Plan 1.2.1.1 Promote and support effective and open Council decision making.

ATTACHMENTS Mayor’s Weekend Seminar Program

OFFICER RECOMMENDATION: That Council send one (1) delegate to the Mayor’s Weekend Seminar, being Councillor ____________.

PURPOSE

To enable Council to determine whether any Councillors will attend the Mayor’s Weekend Seminar and nominate appropriate representatives if so. BACKGROUND The attached letter and program outline has been received from Local Government NSW (LG NSW). The program is designed for Mayors, Deputy Mayors and those Councillors who are considering standing for the position of Mayor in the near future. The seminar is to be held in the Sydney CBD, at the LGNSW Board Room, on Saturday 14 and Sunday 15 November 2015. The cost of the program registration is $1,300, inclusive of GST, which includes all meals and pre-dinner drinks. The Program Outline is attached, along with covering letter from LG NSW.


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COMMENTARY Given the degree of change being experienced in the Local Government sector, and potential for further extensive change, it would be prudent to have representation at such an event. Current expenditure against Councillor Seminar and Conference budget items totals $3,747, against a budget of $15,000. Councillor R Ryan attended the Mayor’s Weekend Seminar held in April 2015 and indicated that the seminar was an excellent forum for learning and reflection. Councillors were asked to express an interest in attending the weekend, to date only one (1) Councillor being Councillor RG Swain has expressed an interest in attending. The course is a good opportunity to develop further skills for all Councillors and if there is further interest in attending from within the Chamber, Council may consider sending more than just one delegate.

ITEM 9 Outstanding Resolution Register MEETING Ordinary Meeting – 21 October 2015 DIRECTORATE Business Systems and Governance AUTHOR Executive Manager, Business Systems and Governance POLICY Nil LEGAL Local Government Act 1993 FINANCIAL Nil STRATEGIC LINK Community Strategic Plan

1.2.1 Identify initiatives to enhance transparency of Council decision making and performance, including the implementation of Council resolutions, policies, plans and financial strategies.

Operational Plan 1.2.1.1 Promote and support effective and open Council decision making.

ATTACHMENTS Outstanding Resolution Register

OFFICER’S RECOMMENDATION: That the information be received and noted.

PURPOSE This report provides a list of past resolutions (Table Attached) that have not been completed for a period greater than two months. BACKGROUND As per Council’s resolution from the June 2011 Ordinary meeting, the report provides information on the current status of items, reasons for delay, estimated timeframes for completion and additional actions or support required to enable completion. COMMENTARY The outstanding resolution register is presented for information. Colin Formann EXECUTIVE MANAGER, BUSINESS SYSTEMS AND GOVERNANCE


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Public Interest Disclosures Act – 2014/15 Annual Report


GUNNEDAH SHIRE COUNCIL

Public Interest Disclosures Act

ANNUAL REPORT 2014/15

Table of Contents Background ......................................................................................................................... 2 1. Statistical Information on Public Disclosures ....................................................... 2 2. Internal Reporting Policy ........................................................................................ 2 3. Staff Awareness of Internal Reporting Policy ....................................................... 2

Gunnedah Shire Council 63 Elgin Street, PO Box 63, GUNNEDAH NSW 2380

Tel: (02) 6740 2100. Fax: (02) 6740 2119 Email: [email protected]

Web: www.infogunnedah.com.au


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Public Interest Disclosures Act – 2015/15 Annual Report


Background Council is required to report annually on its obligations under the Public Interest Disclosures Act 1994 (PID Act). The report must be in accordance with the requirements of Section 31 of the PID Act and clause 4 of the Public Interest Disclosures Regulation 2011 (PID Regulation). This PID Act Annual Report is for the period July 2014 to June 2015.

1. Statistical Information on Public Interest Disclosures (clause 4(2)(a)-(c) – PID Regulation)

Information, in the detail required by clause 4(2)(a)-(c) of the PID Regulation, is shown in the following

table.

July 2014 – June 2015 Number of public officials who made PIDs 0 Number of PIDs received 0 Number of PIDs received relating to: Corrupt conduct Maladministration Serious and substantial waste of local government money Government information contraventions Local government pecuniary interest contraventions

0 0 0 0 0

Number of PIDs finalised 0

2. Internal Reporting Policy (clause 4(2)(d) – PID Regulation) Council’s current Internal Reporting Policy was adopted in May 2015 and is based on the NSW

Ombudsman’s model internal reporting policy for local government.

3. Staff Awareness of Internal Reporting Policy (clause 4(2)(e) – PID

Regulation) Council undertook the following actions to meet its staff awareness obligations:

All staff have been notified of the adoption of the Internal Reporting Policy in October 2012. Specialised training on the Internal Reporting System and the importance of public interest

disclosures has been provided to administration staff by an external trainer. Information on public interest disclosures is included in Council’s Employee Manual which is

provided to all new staff. Information on the Internal Reporting System is provided to all new staff during Council’s

induction process. The Internal Reporting Policy is available on Council’s intranet and website.


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Government Information (Public Access) Act 2009 – 2014/15 Annual Report Gunnedah Shire Council


Government Information (Public Access) Act 2009

ANNUAL REPORT 2014/15

Table of Contents Purpose of Annual Report .................................................................................................. 2 1. Review of proactive release program – Clause 7(a) .............................................. 2 2. Number of access applications received – Clause (b) .......................................... 3 3. Number of refused applications for Schedule1 Information – Clause 7(c) .......... 3 Table A: Number of applications by type of applicant and outcome ......................................... 3 Table B: Number of applications by type of application and outcome ...................................... 4 Table C: Invalid applications ..................................................................................................... 4 Table D: Conclusive presumption of overriding public interest against disclosure: matters

listed in Schedule 1 to Act .......................................................................................................... 4 Table E: Other public interest considerations against disclosure: matters listed in table to

section 14 of Act ......................................................................................................................... 5 Table F: Timeliness ................................................................................................................... 5 Table G: Number of applications reviewed under Part 5 of the Act (by type of review and

outcome) .................................................................................................................................... 5 Table H: Applications for review under Part 5 of the Act (by type of applicant)........................ 5

Gunnedah Shire Council 63 Elgin Street, PO Box 63, GUNNEDAH NSW 2380

Tel: (02) 6740 2100. Fax: (02) 6740 2119 Email: [email protected]



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Purpose of Annual Report Council is required to prepare an annual report in accordance with the requirements of section 125 of the Government Information (Public Access) Act (GIPA Act) and clause 7 of the Government Information (Public Access) Regulation (GIPA Regulation) and submit it to the Minister of Local Government by 31 October each year. A copy of the report is provided to the information Commissioner.

1. Review of proactive release program – Clause 7(a) Under Section 7 of the GIPA Act, Council must review its programs for the release of government

information to identify the kinds of information held by Council that should, in the public interest, be made publicly available without imposing unreasonable additional costs on Council. This review must be undertaken at least once every 12 months.

Council’s program for the proactive release of information involves maintaining and promoting to staff a

practice of openness and accountability of corporate information and decision making, which is embodied in Council’s organisational values as “Open, Accountable, and Customer Satisfaction”. The program is achieved by providing information through extensive publication on Councils website or through inspection and/or paper of electronic copy of information. Requests for access to information that cannot be sourced from Councils website may be made verbally or in writing. In order to reduce costs to customers, Council encourages applications to be made, in the first instance, under the informal request provisions of the GIPA Act.

During the reporting period, the program was reviewed by:

i) Regular monitoring of Councils website for content and currency of information, paying

particular attention to ensuring the timely release of information relating to new proposals, developments, programs, services and initiatives of Council.

ii) Maintain three websites and landing page to ensure the community has access to accurate and

timely information on activities, events, hot tiopics and news. iii) Briefing customer service staff, management, and new staff to reinforce Council’s open and

accountable ethos, combined with Councils responsibilities under the GIPA Act and its relationship to other legislation that restricts access to certain information such as the Privacy & Personal Information Protection Act, Health Records & Information Privacy Act and the Companion Animals Act.

iv) Checking Councils Access to Information procedures to ensure they are operationally efficient

and effective.

v) Analysing informal requests and formal Access Applications to evaluate if it is possible to proactively release this information, given Councils technological and human resource capabilities.

vi) Consider a process for providing Development Application information online.

During the reporting period Council continued to proactively release information, in addition to the statutory release of open access information, by: i) Reporting to the community through prominent display on its website (which are forwarded to

local radio and newspapers) details of proposed activities, policies and strategies which invites community feedback during the decision making process.

ii) Publishing a fortnightly page in the Namoi Valley Independent newspaper highlighting matters

of importance to the community. iii) Participating in fortnightly broadcasts on local radio station 2MO, providing an opportunity for

the Mayor or his representative to comment on key events, activities and news items.

iv) Provided opportunity for community engagement through community forums, workshops, written submission processes, online surveys, pop up info stands and social media.


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ii) Maintaining two separate Calendar of Events for the Tourism website and Civic website. iii) Hosting a range of community events promoting what we do and enhance community

engagement.

iv) Releasing a weekly Library Lines newspaper promoting news, events and library updates.

v) Developing and distributing a weekly Civic newsletter and Civic movie program highlighting upcoming cultural events, exhibitions and movie times.

vi) Maintaining an active social media platform through Facebook, allowing for two way

communication between Council and the community.

vii) Maintaining noticeboard displays in key Council buildings including Administration Building, Library and the Civic Precinct.

viii) Commencing a process for an online DA tracking facility on Councils website. vi) Releasing specific information on a number of projects, initiatives and developments on its

website, and to the media, including:

a) Riverine project b) Blackjack Creek drainage c) Koala management d) ARTC overhead rail bridge e) Road closure notices f) Council meeting summaries g) Inclusive playground h) Community Scholarship Fund i) Agquip and home hosting j) Memorial Pool upgrade k) Flood Maangement Plan l) Website upgrades m) Draft Showground Management Plan n) Crime Prevention Plan o) 2016 NSW ALGWA Conference p) Australia Day celebrations

q) Infrastructure upgrades r) Delivery Program and Operational Plan s) Annual Report

2. Number of access applications received – Clause 7(b) During the reporting period, 1 July 2014 to 30 June 2015, Council received a total of two formal access

applications (including withdrawn applications but not invalid applications).

3. Number of refused applications for Schedule 1 Information – Clause 7(c) During the reporting period, Council refused a total of nil formal access applications, because the

information requested was information referred to in Schedule 1 to the GIPA Act. Of thee applications, none were refused in full, while one was refused in part.


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4. Statistical information about access applications – Clause 7(d) and Schedule 2

Table A: Number of applications by type of applicant and outcome* Access

granted in full

Access granted in

part

Access refused in

full

Information not held

Information already

available

Refuse to deal with

application

Refuse to confirm/deny

whether information

is held

Application withdrawn

Media 0 0 0 0 0 0 0 0 Members of parliament

0 0 0 0 0 0 0 0

Private sector businesses

0 0 0 0 0 0 0 0

Not for profit organisations or community groups

0 0 0 0 0 0 0 0

Member of the public (application by legal representative)

1 0 0 0 0 0 0 0

Members of the public (other)

0 0 0 0 0 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 relation to each such decision. This also applies to Table B.

Table B: Number of applications by type of applicant and outcome* Access

granted in full

Access granted in

part

Access refused in

full

Information not held

Information already

available

Refuse to deal with

application

Refuse to confirm/deny

whether information

is held

Application withdrawn

Personal information applications

0 0 0 0 0 0 0 0

Access applications (other than personal information applications)

1 0 0 0 0 0 0 0

Access applications that are partly personal information applications and partly other

0 0 0 0 0 0 0 0

* A personal information application is an access information for personal information (as defined in clause 4 of Schedule 4 to the Act) about the applicant (the applicant being an individual).

Table C: Invalid applications Reason for invalidity No of applications Application does not comply with formal requirements (section 41 of the Act) 0 Application is not excluded information of the agency (section 43 of the Act) 0 Application contravenes restraint order (section 110 of the Act) 0 Total number of invalid applications received 0 Invalid applications that subsequently became valid applications 0


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Table D: Conclusive presumption of overriding public interest against disclosure: matters listed in Schedule 1 of Act Number of times consideration used* Overriding secrecy laws 0 Cabinet information 0 Executive Council information 0 Contempt 0 Legal professional privilege 0 Excluded information 0 Documents affecting law enforcement and public safety 0 Transport safety 0 Adoption 0 Care and protection of children 0 Ministerial code of conduct 0 Aboriginal and environmental heritage 0 * More than one public interest consideration may apply in relation to a particular access application and, if so, each consideration is to be recorded (but only once per application). This also applies in relation to Table E.

Table E: Other public interest consideration against disclosure: matters listed in table to section 14 of Act Number of occasions when application

not successful Responsible and effective government 0 Law enforcement and security 0 Individual rights, judicial processes and natural justice 0 Business interests of agencies and other persons 0 Environment, culture, economy and general matters 0 Secrecy provisions 0 Exempt documents under interstate Freedom of Information legislation 0

Table F: Timeliness No of applications Decided within the statutory timeframe (20 days plus any extensions) 1 Decided after 35 days (by agreement with applicant) 0 Not decided within time (deemed refusal) 0 TOTAL 1

Table G: Number of applications reviewed under Part 5 of the Act (by type of review and outcome) Decision

varied Decision upheld Total

Internal review 0 0 0 Review by Information Commissioner * 0 0 0 Internal review following recommendation under section 93 of Act 0 0 0 Review by ADT 0 0 0 TOTAL 0 0 0 * The Information Commissioner does not have the authority to vary decisions, but can make recommendations to the original decision-maker. The data in this case indicates that a recommendation to vary or uphold the original decision has been made by the Information Commissioner.

Table H: Applications for review under Part 5 of the Act (by type of applicant) Number of applications for

review Applications by access applicants 0 Applications by persons to whom information the subject of access application relates (see section 54 of the Act) 0


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___________________________________________________________________________________

Councillors and Mayor – Payment of Expenses and Provision of Facilities

Adopted: 19 Nov 2014 1

Policy name Councillors and Mayor – Payment of Expenses and Provision of Facilities

Abstract Ensure there is accountability and transparency in the reimbursement of expenses incurred or to be incurred by Councillors and the facilities provided to assist Councillors to carry out their civic duties are fair and reasonable. Chapter 9, Part 2, Division 5 of the Local Government Act 1993 defines what fees, expenses and facilities may be paid or provided to Councillors.

Dates

Policy or amendment approved Policy or amendment takes effect Policy is due for review (up to 4 years)

19 Nov 2014 19 Nov 2014 19 Nov 2016

Endorsed by Director Community and Corporate Services

Approved by

Gunnedah Shire Council, at its Ordinary Meeting of Council held 19 Nov 2014 Resolution number: 11.11/14

Policy Custodian General Manager

Relevant to Councillors and Mayor, General Manager and management responsible for the processing of claims for reimbursement or the provision of facilities

Superseded Policies Resolution 5.12/13 of Ordinary Meeting held 18 Dec 2013

Related documents Division of Local Government Circular 11-27, Guidelines on Payment of Councillor Expenses and Facilities 2009, Council’s Code of Conduct, Policy Framework

Related legislation Local Government Act 1993

File number 818281

COUNCIL POLICY


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___________________________________________________________________________________



Contents

1. Purpose 2. Scope 3. Definitions 4. Policy principles 5. Policy statement 6. Accountability, roles and responsibilities 7. Acknowledgements 8. Version control and change history Appendix A: Expense claim form Appendix B: Limits and standards Appendix C: Reimbursement by Councillor for Private Use

1. Purpose

1.1 To provide clarity and transparency to the public and clear guidance to elected members and staff on the entitlement of elected members and how Council will deal with any payment of expenses or provision of facilities for the Councillors and Mayor.

1.2 It aims to facilitate consistent and equitable treatment of each approach, and

ensure appropriate resources are allocated.

1.3 To ensure that the reimbursement of expenses and provision of facilities to

Councillors are only made for and in relation to the discharge of the duties and functions of their civic office; and that any benefit beyond that is only of an incidental nature.

2. Scope

2.1 This Policy applies to the payment of any expenses on behalf of, reimbursement of expenses or the provision of any benefits to any and all Councillors and the Mayor.

3. Definitions

3.1 Accompanying person: A person who has a close personal relationship with the Councillor and/or provides carer support to the Councillor.

3.2 The Act: Local Government Act 1993. 3.3 Council event: A Council event for the purpose of this policy is one which the

attending Councillors were authorised to attend by Council resolution, or where appropriate the authorisation of the Mayor and General Manager. These are in addition to Council’s ordinary and extra-ordinary meetings, and may include training and development events, civic events, conferences, briefings, dinners with visiting delegates and workshops. The purpose of this is to ensure that control exists over the number and type of events for which the Council may become exposed to expense claims and limits them to those which the attendee is a delegate or alternate appointed by Council resolution.


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___________________________________________________________________________________



3.4 Expenses: Payments made by Council to reimburse Councillors for reasonable costs or charges incurred, or to be incurred, for discharging their civic functions. All expense to be reimbursed must be outlined in this Policy and may be either reimbursed to a Councillor or paid directly by the Council to a third party. Expenses are separate and additional to annual fees paid to the Councillors and Mayor in accordance with the Act.

3.5 Facilities: Equipment and services provided by Council to Councillors to enable them to discharge their civic functions to a standard and appropriate to their role.

3.6 Function of Civic Office: Function that a Councillor is required to undertake to fulfil their legislated role and responsibilities for Council that should result in a direct benefit for Council and/or the Gunnedah Shire Council Local Government Area.

3.7 General Expense Allowance: A sum of money paid by a council to a councillor to expend on an item or a service that is not required to be receipted and/or otherwise reconciled according to a set procedure within a specific timeframe. This type of allowance is prohibited in this policy.

3.8 The Guidelines: The Guidelines for the payment of expenses and the provision of facilities for Mayors and Councillors in NSW, as released by the Division of Local Government in October 2009 under the provisions of section 23A of the Act.

3.9 Local travel: Travel within the Gunnedah Shire Council Local Government Area.

3.10 Meeting: Meetings for which Councillor expenses will be reimbursed for attending include Ordinary and Extra-ordinary meetings of Council within the meaning of the Act, and Committee meetings to which the Councillor is a delegate by resolution of Council. The Mayor’s attendance of any Committee meeting is included within this definition.

3.11 The Regulation: The Local Government (General) Regulation 2005 3.12 Limits and standards: The Policy sets out the monetary limits to be applied

to reimbursement of expenses, and the standards for the provision of equipment of facilities as determined by Council in accordance with the Guidelines.

3.13 Token gifts and benefits: Council’s Code of Conduct, clause 8.1, outlines what is generally taken to be included within the scope of token gifts and benefits.

4. Policy principles

4.1 Pursuant to Section 252 of the Local Government Act 1993 and Clause 403 of Local Government (General) Regulation 2005, Council will authorise and provide for the payment of expenses and provision of facilities to Councillors, the Mayor and Deputy Mayor in accordance with the following.

4.2 Councillors can only receive reimbursement for expenses and the use of

facilities when these are clearly identified in this policy. 4.3 The overriding principle within this policy is that the details and range of

expenses paid and facilities provided to councillors must be clearly and specifically stated and be fully transparent and acceptable to the local community.


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4.4 Adequate provision must be made within the policy for Councillors to be reimbursed for actual expenses in the performance of the civic duties, including such examples as training and development, conferences and seminars, travel, childcare, legal expenses and insurance.

4.5 Councillors should not obtain private benefit from the provision of equipment

and facilities, nor from travel bonuses such as “frequent flyer” schemes or other such loyalty programs while on council business. However it is acknowledged that incidental use of council equipment and facilities may occur from time to time. Such incidental private use is not subject to compensatory payment back to council. Where private use does occur beyond and incidental nature, the Act provides that Council recover a payment from councillors to cover that use.

4.6 Appropriate rates for reimbursement and standards for provision of facilities

should be included within the policy. This will include reference to relevant employment award rates and Australian Taxation Office determinations.

5. Policy statement

5.1 Public Notice to Amend or Adopt

5.1.1 In accordance with the Local Government Act 1993, section 253, Council will give public notice of the intention to adopt or amend this policy and allow at least 28 days for public exhibition and receipt of submissions.

5.1.2 If Council determines under section 253(3) by resolution that the proposed

amendment is not substantial it need not give public notice. This exemption does not apply to the annual adoptions of the policy, regardless of whether there are any proposed amendments or the nature of the amendments.

5.2 Time Limit for Payment of Fees and Expenses

5.2.1 A reimbursement of expenses is to be claimed within 45 days of the expense being incurred unless the Council, by resolution, determines that special circumstances exist. In this situation, a claim would need to be submitted within 45 days of the decision of Council.

5.3 Payment of Expenses and provision of facilities - General

5.3.1 Councillor expenses may not be used to support attendance by Councillors at political fund raising functions. Council facilities, equipment and services are not to be used by or for Councillors to produce election material or for any other political purposes.

5.3.2 A general allowance for expenses will not be paid. Council will not pay for any

private benefits obtained by a Councillor. Councillors must also, in accordance with the Code of Conduct, avoid any action or situation that could create the appearance that Council resources are being used inappropriately.

5.3.3 Where possible, approval must be sought and gained prior to the expense

being incurred.


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5.3.4 Where appropriate and requested by a Councillor, and authorised by the Mayor and General Manager, or Deputy Mayor and General Manager in the case of the Mayor, Council will provide an advance payment for the cost of a service associate with discharging a function of civic office. This is to ensure that Councillors are able to fully participate in their civic duties without financial disadvantage. Advance payments must always be reconciled at a future date within 45 days of the expense being incurred, with any residual funds being returned to Council.

5.3.5 In circumstances where it is appropriate for Councillors to give a gift or benefit

these gifts and benefits should be of a token value and in accordance with the relevant prevailing policy(s) of Council at the time. Clarification on what token gifts and benefits are can be sourced from Council’s Code of Conduct, under clause 8.1.

5.3.6 Approval for discretionary trips, attendance at conferences and/or for other

significant expenses and facilities will occur, where possible, at a full meeting of Council.

5.3.7 Reimbursement of payments made by the Mayor and Councillors will only be

made following the completion of a form as set out in Appendix A: Expense claim form, and the provision of:

• A tax invoice in the case of expenditure greater than $50,or • A receipt or appropriate declaration where a receipt cannot be obtained

for expenditure less than $50. 5.3.8 In accordance with requirements, Council has set monetary limits to all

expense provisions in this policy, where practical and appropriate, as well as standards for the provision of equipment and facilities. A table appearing as Appendix B: Limits and Standards sets out a summary of the monetary limits and standards as determined under the Policy to be applied.

5.3.9 In situations where private use by Councillors, greater than that of an

incidental nature, arise from the provision of facilities Councillors will compensate Council in accordance with the appropriate method of reconciliation and reimbursement for that private use as set out in Appendix C: Reimbursement by Councillor for Private Use.

5.3.10 Facilities, equipment or services provided to a Councillor shall be returned to

the Council, or terminated where applicable, when an individual ceases to be a Councillor or during an extended leave of absence. The Councillor where practical will be given the option to purchase equipment provided at the greater of an agreed fair market price or written down value.

5.4 Payment of expenses – Specific items

5.4.1 Attendance at seminars and conferences (a) Requests for attending seminars and conferences must be in writing and

outline the benefits for Council. (b) Where possible, requests must be considered and approved at a full meeting

of Council prior to attendance. Where this is not possible, attendance should be authorised by the Mayor and General Manager.


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(c) After returning from the conference the Councillor/s, or a member of Council staff accompanying Councillor/s, should provide a written report to Council on the aspects of the seminar or conference relevant to council business and/or the local community. Note: no written report is required for the annual conference of the Local Government and Shires Associations.

(d) Council will pay all seminar or conference registration fees including the costs of related official lunches and dinners, and associated tours where they are relevant to the business and interests of Council.

(e) Council will meet the reasonable cost of transportation, parking fees, road tolls, accommodation and meals associated with attendance at the conference when they are not included in the conference fees, and they are in accordance with other policy provisions, approval processes and limits.

(f) Individual Councillors, including their accompanying persons where appropriate, will be limited to a maximum annual expense cap as set out in Appendix B for these expenses.

(g) Associated costs for attendance by spouses, partners and accompanying persons will only be met in accordance with the relevant provisions within this policy – refer section 5.4.16.

5.4.2 Training and development

(a) Council will provide for training and development of Councillors to enable them to carry out their civic duties.

(b) Separate provision will be made within the annual budget for the payment of training and development expenses of Councillors.

(c) It is essential that where Council is paying these expenses that the training or educational course is directly related to the Councillor’s civic functions and responsibilities.

(d) Council will meet the reasonable cost of transportation, parking fees, road tolls, accommodation and meals associated with attendance at the training and development when they are not included in the training or course fees, and they are in accordance with other policy provisions, approval processes and limits.

(e) Individual Councillors will be limited to a maximum annual expense cap as set out in Appendix B for these expenses.

5.4.3 Travel - General

(a) All travel by Councillors will be undertaken utilising the most direct route and most practicable and economical mode of transport subject to any personal medical considerations.

(b) Councillors will be responsible for any traffic or parking infringements incurred, whether it is related to their own vehicle or a Council vehicle in their control.

(c) This will include the use of private vehicles in accordance with the rates advised by the Australian Taxation Office, as set out in Appendix B.

5.4.4 Travel - Local

(a) Council will pay for or reimburse the reasonable local travel expenses, including use of a Councillor’s own vehicle, public transport, hire cars and taxi fares of Councillors relating to carrying out their civic functions or attending a Council event as defined within this policy.


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5.4.5 Travel - Intrastate

(a) Travel expenses, including flights, outside the Gunnedah Shire Council but within the state of NSW for Councillors carrying out their civic functions or attending a Council event as defined in this policy will be paid for or reimbursed in the same method as local travel, with the exception that they will require approval prior to travel by the Mayor and where appropriate Council.

5.4.6 Travel - Interstate

(a) Travel expenses, including flights, outside the state of NSW for Councillors carrying out their civic functions or attending a Council event as defined in this policy will be paid for or reimbursed in the same method as local and intrastate travel, with the exception that interstate travel will require a request for approval to be considered and approved at a full meeting of Council prior to the travel being undertaken.

(b) The request for approval of interstate travel should include full details of the travel, including itinerary, costs and reasons for the travel.

5.4.7 Travel - International

(a) Travel expenses, including flights, outside of Australia for Councillors carrying out their civic functions or attending a Council event as defined in this policy will be paid for or reimbursed in the same method as interstate travel and will require a request for approval to be considered and approved at a full meeting of Council prior to the travel being undertaken.

(b) The request for approval of international travel should include full details of the travel, including itinerary, nominated Councillor or Councillors, costs, agreed and set limits on expenses, reasons for the travel and a clear outline of the direct and measurable benefits to be derived for Council and the community.

(c) The use of a mayoral minute to obtain Council’s approval is not appropriate as it is not consistent with the principles of openness and transparency.

(d) After returning from the international travel, the Councillor(s), or an accompanying member of staff, will provide a detailed written report to a full meeting of Council on the aspects of the trip relevant to Council business and/or the local community.

(e) Any non-Council related components of the travel shall be paid for by the Councillor(s). Where any part of the costs are required to be paid by Council in advance, any portion related to non-Council purposes shall be prorated and reimbursed to Council by the Councillor(s) prior to undertaking the travel.

5.4.8 Accommodation costs

(a) Accommodation standards to be restricted to “middle of the range” accommodation, subject to comparison of accommodation venues with corporate discounts and availability.

(b) Should a Councillor elect to utilise a higher standard of accommodation, they shall reimburse Council prior to the stay for the difference in cost.

5.4.9 Incidental expenses

(a) Reasonable out of pocket expenses or incidental expenses associated with Councillors attending conferences, seminars, training or development courses, other Council events and undertaking civic functions will be reimbursed provided that it can be demonstrated that the expenses were actually incurred and that appropriate reconciliation and procedures are followed as contained in this policy.


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(b) The claim form must include an itemised account of expenditure supported as set out in clause 5.3.7 and Appendix A.

(c) Incidental expenses which may be associated with Council business per sub-clause “(a)” above will include;

• Telephone and facsimile call costs • Refreshments

• Internet charges • Meals

(d) A daily limit as set out in Appendix B will apply to all incidental expenses. (e) Reasonable expenses for taxi fares, parking fees and tolls will be reimbursed

upon presentation of receipts. 5.4.10 Legal expenses

(a) Council will indemnify or reimburse a Councillor’s reasonable legal costs properly incurred only where: • Legal proceedings are taken against a Councillor in defending an action

arising from the performance in good faith of a function under the Local Government Act (refer section 731) or defending an action in defamation, provided that the outcome of the legal proceedings is favourable to the Councillor, or

• An inquiry, investigation or hearing is undertaken into a Councillor’s conduct by an appropriate investigative or review body, subject to: it arising from the performance in good faith of a Councillor’s functions under the Act; the matter having proceeded past any initial assessment phase to a formal investigation or review; and where the investigative or review body makes a finding that is not substantially unfavourable to the Councillor.

(b) Circumstances where a matter does not proceed to a finding, or in the case of a Councillor’s conduct, the investigative or review body finding that an inadvertent minor technical breach has occurred will not necessarily be considered a substantially unfavourable outcome.

(c) Approval must be sought and gained from the Mayor and General Manager, or Deputy Mayor and General Manager in case of the Mayor, where possible, prior to legal expenses being incurred.

(d) Council will not meet the legal costs of legal proceedings initiated by a Councillor under any circumstance.

(e) Council will not meet the legal costs of a Councillor seeking advice in respect of a possible defamation, or in seeking a non-litigious remedy for possible defamation.

(f) Legal costs will not be met for legal proceedings that do not involve a Councillor performing their role as a Councillor.

(g) Council will not meet the legal costs in relation to any inquiry, investigation or hearing where the finding of the investigative or review body is substantially unfavourable to the Councillor.

(h) The coverage of legal expenses is limited as set out at Appendix B in respect of each Councillor during any one financial year.


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5.4.11 Insurance expenses (a) Councillors will receive the benefit of insurance cover for: i) Personal Accident for Councillors and Volunteers Policy -

provides death and weekly benefits for Councillors if they are injured or die while carrying out Council duties;

ii) Councillors and Officers Liability Policy - covers Councillors’ liability, Council reimbursements, employment practices liability, statutory liability, supplementary legal expenses, unintentional defamation, libel and slander;

iii) Public Liability and Professional Indemnity Policy - covers against negligence and providing incorrect advice.

(b) This cover will be subject to any limitations or conditions set out in this policy and policies of insurance which are, at the discretion of Council, taken out.

(c) Councillors using a private vehicle for Council business must carry comprehensive vehicle insurance.

(d) Council will reimburse any insurance excess payment subject to an accident to a Councillors private vehicle whilst carrying out their civic functions or attending a Council event as defined in this policy provided the vehicle is operated lawfully and in compliance with this policy.

(e) Where a Councillor is without transport during repairs to their private vehicle damaged whilst carrying out their civic functions or attending a Council event, Council will reimburse costs of a hire vehicle or a Council vehicle shall be made available during the period the repairs are being made. The Councillor will be responsible for all fuel costs incurred during this time.

5.4.12 Telecommunication and internet expenses

(a) In addition to the coverage of incidental expenses as outlined at 5.4.9 Council will provide a mobile phone, or pay for or reimburse the costs of the Mayor and Deputy Mayor for their use of a mobile phone for Council business purposes up to an amount as set out in Appendix B on a monthly basis.

(b) The Mayor and Deputy Mayor will be responsible for any costs above the maximum as set in Appendix B in addition to any private calls.

(c) Where the Mayor, Deputy Mayor or Councillor elect to utilise a mobile phone under a private contract on a fixed plan Council will reimburse the cost of the plan up the maximum amounts as set out in Appendix B, with no requirement for reconciliation of call costs. Any amount above the call plan cap will be borne by the Councillor. This will include data costs above the plan on the mobile device.

(d) With the provision of other data devices, such as iPads, Council will also pay the costs of data plans to enable their use. The amount covered by Council will be limited to the amounts as set out in Appendix B, and any charges in excess of the established plan, be they private or business related, will be paid for or reimbursed to Council by the Councillor.


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5.4.13 Personalised communication expenses

(a) Council will not cover the expenses of Councillors in relation to any production or dissemination of personalised pamphlets, newsletters or the like.

(b) Council recognises that regardless of the intention of such activities, they may be perceived as using Council resources for private political benefit, and therefore contrary to the spirit of the Code of Conduct and Local Government Act.

5.4.14 Attendance at Council event expenses

(a) Council will meet the costs of attendance of Councillors at Council events, within the definition of this policy, where the expenses are not of a private nature. The coverage of the costs is subject to the limits as set out for relevant expense categories in this policy in Appendix B for each individual Councillor on a monthly basis.

(b) No payment will be made by Council for any attendance by a Councillor at any political fund raising event, donation to a political party, a candidate’s electoral fund or such other private benefit.

5.4.15 Care and other related expenses

(a) Council will make payment for or reimburse Councillors for reasonable costs incurred for care arrangements, including childcare expenses and the care of elderly, disabled and/or sick immediate family members of Councillors in order to allow Councillors to undertake their Council duties as set out within this policy.

(b) As outlined in the Guidelines, this is in accordance with the principles of participation, access and equity and is considered by the Division of Local Government to be a legitimate expense.

(c) The payment for or reimbursement of these expenses are subject to the limits as set out in Appendix B.

5.4.16 Expenses for spouses, partners and accompanying persons

(a) There will be limited occasions where Council will meet the costs of attendance for a Councillor’s spouse, partner or accompany person, as defined within this policy. Such occasions include: • Attendance at official Council functions that are of a formal and ceremonial

nature and within the Gunnedah Shire Council Local Government Area where a spouse, partner or accompanying person could reasonably be expected to attend; such as Australia Day award ceremonies, citizenship ceremonies and civic receptions;

• Attendance at the Local Government and Shire’s Associations’ annual conference, but limited to registration and official dinner costs. Any additional accommodation or tour costs will be met by the Councillor.

• Where the spouse, partner or accompanying person is representing the Mayor, when they are called upon to attend an official function outside the Council area, but within NSW.

(b) Any costs outside of those identified above will not be met by Council. (c) The expenses met for a Councillor’s spouse, partner or accompanying person

will be subject to, and taken to form part of the amount up to, the limit as set out in Appendix B for the relevant category.


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5.5 Provision of facilities, equipment and services – all Councillors

5.5.1 Council will supply Councillors with an appropriate tablet, such as an iPad, for Council business. This policy makes provision for data plan expenses in section 5.4.12.

5.5.2 Council will supply Council business cards, name tags and appropriate

stationary to support Councillors in their civic duties and in the representation and promotion of Gunnedah Shire Council and its community.

5.5.3 Council will provide a Councillor with a non-dedicated vehicle for use related to

their civic duties, or reimburse them in accordance with travel provisions within this policy for the use of their own vehicle. Any non-incidental private use of a Council vehicle during its availability to a Councillor will be recorded by the Councillor and reimbursed in accordance with appropriate rates as set out in Appendix C.

5.5.4 Council will provide Councillors with meals and refreshments in relation to

meetings and briefings for Council business. 5.5.5 Council will provide Councillors with protective clothing where required in the

carrying out of their civic duties. 5.5.6 Council will provide in-house or Council hosted training, briefing and

professional development opportunities as required to enable the discharge of the civic functions, in addition to the provisions for expenses identified at sections 5.4.1 & 5.4.2.

5.5.7 Council will provide administrative support and service to the Councillors as

required through the office of the General Manager, which enables them to appropriately carry out their civic duties. Council will not provide any support or assistance in relation to a Councillor’s election or candidacy.

5.6 Provision of facilities, equipment and services – Mayor

5.6.1 Provision of a Mayoral vehicle (a) Council will provide the Mayor with a dedicated fully serviced and maintained

vehicle, along with a fuel card, for Council business use. Any use which is private and more than of an incidental nature will be reimbursed to Council.

(b) The motor vehicle to be provided will be within the standards and monetary limits as set out in Appendix B.

(c) The Mayor will complete a monthly declaration in relation to the use of the vehicle and be responsible for declaring any non-incidental private use including a record of the private kilometres travelled. The reimbursement will be calculated and charged in accordance with the appropriate rate as set out in Appendix C.

5.6.2 Provision of Mayoral robes and laundering

(a) Council will provide the Mayor with Mayoral robes and cover the reasonable costs of laundering of the robes.


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5.6.3 Provision of dedicated staff support

(a) Council will provide the Mayor, through the office of the General Manager, with dedicated support by staff, including secretarial services, for Council business purposes.

5.6.4 Provision of furnished office

(a) Council will provide for the Mayor’s use in discharging their civic duties an appropriately furnished office, and any necessary office equipment.

5.7 Approval Arrangements 5.7.1 Not withstanding any other provisions within this policy, significant or potentially

contentious expenses will require prior approval at a full meeting of the Council (eg legal expenses or discretionary trips and conferences). All expenses of a less significant nature will require approval by two people, being the Mayor and General Manager, or where it relates to the Mayor’s expenses, the Deputy Mayor and General Manager.

5.8 Approval and Dispute Resolution Process 5.8.1 Councillors are required to complete a claim for expenses incurred in the

carrying out of their civic duties as set out in Appendix A. This includes the claiming of expenses for spouses, partners and accompanying persons.

5.8.2 Should there be a dispute on the claiming of expenses, this is to be initially

determined by the General Manager, Mayor and Deputy Mayor. If the dispute is unresolved, then a determination is to be made at a full meeting of Council.

6. Accountability, roles and responsibilities

6.1 Policy Custodian – General Manager

The Policy Custodian is the officer accountable for managing policy compliance and initiating the policy review process. They will also have the responsibility for all aspects of policy implementation, unless appropriately delegated to another officer. These responsibilities include being the primary contact point for advice on the policy or its implementation; establishing and maintaining Council’s records in relation to the policy; proposing amendments; and managing the consultation process when the policy is due for review.

6.2 Authority

No authority to depart from this policy is granted to any person. All actions and decisions must be in accordance with this policy and all policies relating to the provision of financial assistance, either pre-existing or to be developed must conform to the requirements of this policy. The application of this policy can only be varied by Council.


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7. Acknowledgements

7.1 No acknowledgements.

8. Version control and change history

Date Version Approved by & resolution no.

Amendment

5 Apr 1995 1 108 Legislative amendment 17 Jul 1996 2 7.4 Legislative amendment 6 Oct 1999 3 72.1 Legislative amendment 21 Jun 2000 4 404.3 Legislative amendment 17 Nov 2006 5 106.1 Legislative amendment 18 July 2007 6 13.3 Rescinded 17 Dec 2009 7 138.4 Legislative amendment 17 Nov 2010 8 112.4 Legislative amendment 18 July 2012 9 11.10 Revision for travel expenses and

approvals 17 Oct 2012 10 86 Exhibited policy adopted 19 Dec 2012 11 231 Full review of policy 18 Dec 2013 12 5.12/13 Legislative amendment 19 Nov 2014 13 11.11/14 Revision of insurance coverage


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Appendix A – Expense claim form


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Appendix B - Limits and standards Item Policy

Reference External Reference

Limit / Standard

Seminars and conferences 5.4.1 $3,000 pa

Training and development 5.4.2 $3,000 pa

Travel using own vehicle 5.4.3 ATO 66 cents pkm

Accommodation costs – mid-range 5.4.8 ATO $185 per night

Incidental expenses

- Telephone and facsimile calls, refreshments, internet charges

5.4.9 ATO $18.75 per day

- Meals 5.4.9 ATO $104.70 per day

Legal expenses 5.4.10 $1,500 pa

Telecommunication expenses 5.4.12

- Mobile phones (including data costs)

- Mayor $150 per month

- Deputy Mayor $130 per month

- Councillors $65 per month Note: Where phones are provided by Council on a corporate plan, the Councillor will be required to keep a log of private calls and reimburse Council for those as well as anything exceeding the monthly cap. Where the phone is owned by the Councillor and under a private capped plan, Council will reimburse the plan cost up to the maximum monthly limit and no log of calls will be required. Phones provided by Council remain the property of Council. - Tablet devices – data plans 5.4.12 $60 per month

Care and other related expenses - and up to a maximum of

5.4.15 Up to $15 per hour $1,500 pa

Mayoral vehicle 5.6.1

- A vehicle with purchase price of up to $55,000

- Fuel and servicing $340 per month

- private km’s of more than incidental nature to be reimbursed to Council based on monthly declaration at the rate of:

13 cents pkm

ATO – Australian Taxation Office pa – per annum, based on financial year cc – cubic centremetres pkm – per kilometre L – Litres


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Appendix C – Reimbursement by Councillor for private use Item Policy

Reference Amount

Telecommunication expenses 5.4.12

- Mobile phones (including data costs)

- To be reimbursed based on actual costs of private items for Council provided phones by identification of each private item on the bill.

- Tablet devices – data plans

- Any costs above the data plan limit to be reimbursed by the Councillor whether business or private

Use of a council vehicle 5.5.3 & 5.6.1

- private km’s of more than incidental nature to be reimbursed to Council based on monthly declaration by the Mayor, or in the case of a Councillor provided a Council vehicle, based on the log book indicating private kilometres at the rate of:

13 cents pkm

pkm – per kilometre


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CODE

OF MEETING PRACTICE

Implemented 21 July 2004 – Minute No 14.3.2 Reviewed 21 September 2005 – Minute No 67.1

Reviewed 19 July 2006 – Minute No 11.1 Reviewed 18 February 2009 – Minute No 166.6

Reviewed 20 May 2009 – Minute No 245.2 Reviewed 25 August 2010 – Minute 32.1

Reviewed 20 February 2013 – Minute 232

Amended 18 December 2013 – Minute 6.12/13

Gunnedah Shire Council 63 Elgin St, PO Box 63 GUNNEDAH NSW 2380

Administration Tel: (02) 6740 2100. Fax: (02) 6740 2119 E-mail: [email protected]



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GUNNEDAH SHIRE COUNCIL CODE OF MEETING PRACTICE

Page 1

CONTENTS

PART 1 – PRELIMINARY

1. Citation ............................................................................................................................................................ 3

2. Commencement .............................................................................................................................................. 3

3. Definitions ....................................................................................................................................................... 3

4. The Code and its relationship to the Act and Regulation................................................................................. 4

PART 2 – CONVENING OF AND ATTENDANCE AT COUNCIL MEETINGS

5. How Often Does the Council Meet .................................................................................................................. 5

6. Where are Council Meetings held ................................................................................................................... 5

7. Convening a Meeting ...................................................................................................................................... 5

8. Notice of Meetings .......................................................................................................................................... 5

9. Giving Notice of Business ie “Notice of Motion” .............................................................................................. 5

10. Extraordinary Meetings ................................................................................................................................... 5

11. Notice of Meetings to Councillors .................................................................................................................... 6

12. Public Notices of Meetings .............................................................................................................................. 6

13. Council Decision Invalid if Proper Notice was not Given for that Meeting ....................................................... 7

14. Agenda and Business Papers for Council Meetings ....................................................................................... 7

15. Due Notice of Business to be Included in the Meeting Agenda ....................................................................... 8

16. Business to be Discussed and Dealt with at Council Meetings ....................................................................... 8

17. Order of Business ........................................................................................................................................... 9

18 Agenda for Extraordinary Meetings ................................................................................................................. 9

19. Who is Entitled to Attend Meetings ................................................................................................................. 9

20 Which Parts of a Meeting can be Closed to the Public .................................................................................... 9

21. Further Limitations Relating to Closure of Parts of meetings to Public .......................................................... 10

22. Notice of Likelihood of Closure Not Required in Urgent Cases ..................................................................... 11

23. Grounds for Closing Part of Meeting to be Specified .................................................................................... 12

24. Resolution Passed at Closed Meetings to be made Public ........................................................................... 12

25. What is the Quorum of a Meeting .................................................................................................................. 12

26. What Happens when a Quorum is Not Present ............................................................................................. 12

27. Minister to Convene Meetings in Certain Cases ........................................................................................... 12

28. Presence at Council Meetings ....................................................................................................................... 13

29. Departure from Council Meetings .................................................................................................................. 13

30. Leave of Absence ......................................................................................................................................... 13

31. Attendance of General Manager at Meetings ................................................................................................ 13

32. Attendance of councillors at Meetings ........................................................................................................... 14

PART 3 – CONDUCT OF COUNCIL MEETINGS

33. Who Presides at Meetings ............................................................................................................................ 15

34. Councillor to be Elected to Preside at Certain Meetings ............................................................................... 15

35. Chairperson to Have Precedence ................................................................................................................. 15

36. Chairperson’s Due with Respect to Motions .................................................................................................. 15

37 Notice of Motion – Absence of Mover............................................................................................................ 16

38. Motions put Without Debate .......................................................................................................................... 16

39. Motions to be Seconded................................................................................................................................ 16

40. Motions may be Withdrawn ........................................................................................................................... 16

41. How Subsequent Amendments may be Moved ............................................................................................ 16

42. Limitation as to Number of Speeches ........................................................................................................... 16

43. No Discussion once Passed .......................................................................................................................... 17

44. Motions of Dissent ......................................................................................................................................... 17

45. Procedural Motions ....................................................................................................................................... 17

46. Rescinding or Altering Resolutions ............................................................................................................... 18

47. What are the Voting Entitlements of Councillors Casing Vote ....................................................................... 19

48. Voting at Council Meetings ............................................................................................................................ 19

49. What Constitutes a Decision of the Council .................................................................................................. 20


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Page 2

50. Mode of Address at Meetings ........................................................................................................................ 20

51 Questions may be put to Councillors and Council Employees ...................................................................... 20

52. Report of a Departmental Representative to be Tabled at Council Meeting ................................................. 21

53. Questions of Order ........................................................................................................................................ 21

54. Acts of Disorder ............................................................................................................................................. 21

55. How Disorder at a Meeting ........................................................................................................................... 22

56. Power to Remove Persons from Meetings after Expulsion Resolution ......................................................... 22

57. Misbehaviour ................................................................................................................................................. 22

PART 4 – MINUTES OF COUNCIL MEETINGS

58. Minutes.......................................................................................................................................................... 25

59. Mayoral Minutes ............................................................................................................................................ 26

PART 5 – PECUNIARY INTERESTS

60. What is a Pecuniary Interest ......................................................................................................................... 28

61. Who has a Pecuniary Interest ....................................................................................................................... 28

62. Who are Designated Persons ....................................................................................................................... 28

63. What Interests do not have to be Disclosed .................................................................................................. 29

64. Disclosure and Participation in Meeting ........................................................................................................ 30

65. Disclosure by Advisor .................................................................................................................................... 31

66. Circumstances in which Clauses 59 and 60 are not Breached ..................................................................... 31

67. Disclosures to be Recorded .......................................................................................................................... 31

68. General Disclosure ........................................................................................................................................ 31

69. Powers of Minister in Relation to Meetings ................................................................................................... 31

70. Discolsures of Pecuniary Interest when Dealing with Council Matters .......................................................... 32

PART 6 – COUNCIL COMMITTEES

71. Committee of Council .................................................................................................................................... 33

72. Committee of the Whole in Private ................................................................................................................ 33

73. Council may Establish Committees ............................................................................................................... 33

74. Functions of Committees............................................................................................................................... 33

75. Notice of Committee Meetings to be Given ................................................................................................... 33

76. Non-Members Entitled to Attend Committee Meetings ................................................................................. 34

77. Departure from Committee Meetings ............................................................................................................ 34

78. Procedure in Committees .............................................................................................................................. 34

79. Committee to Keep Minutes .......................................................................................................................... 34

80. Chairperson and Deputy Chairperson of Committees ................................................................................... 34

81. Absence from Committee Meetings .............................................................................................................. 35

82. Reports of Committees.................................................................................................................................. 35

83. Disorder in Committee Meetings ................................................................................................................... 35

84. Certain Persons may be Expelled from Council Committee Meetings .......................................................... 35

PART 7 – PUBLIC ACCESS TO INFORMATION AND PUBLIC SUBMISSIONS TO COUNCIL

85. Public Access to Correspondence and Reports ............................................................................................ 37

86. Inspection of the Minutes of a Council or Committee .................................................................................... 37

87. Public Addresses and Questions (Community Consultation) ........................................................................ 37

88. Petitions or Joint Letters ................................................................................................................................ 38

PART 8 – MISCELLANEOUS

89. Tape Recordings of Meetings of Council or Committee Prohibited Without Permission ............................... 39

89. Recording of Meetings of Council or Committee by the Press or Public ....................................................... 39

90. Audio or Video Recording of Meetings by Council ........................................................................................ 39

91. Certain Circumstances do not Invalidate Council’s Decision......................................................................... 39

92. Council Seal .................................................................................................................................................. 39

93. Disclosure and Misuse of Information – Prescribed Circumstances .............................................................. 40

SCHEDULE – General Order of Business for Council Meetings ................................................................................ 41


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PART 1 – PRELIMINARY 1. CITATION This document is prepared and adopted in accordance with the Local Government Act 1993 and Local

Government (Meetings) Regulation 1999 and may be cited as the “Gunnedah Shire Council Code of Meeting Practice”.

2. COMMENCEMENT This Code of Meeting Practice came into effect from Wednesday 21 July 2004. 3. DEFINITIONS (Clause 231 Regulation) This Code: Amendment, an amendment is a change to the motion before the Council, and takes place while that

motion is being debated. An amendment to a motion must be put forward in a motion itself. Chairperson:

• In relation to a meeting of the Council - means the person presiding at the meeting as provided by Clause 25 of this Code, and

• In relation to a meeting of a Committee of the Council - means the person presiding at the

meeting as provided by Clause 80 of this Code.

Committee, in relation to the Council, means a Committee established under Clause 60 of this Code or the Council when it has resolved itself into a Committee of the Whole.

Councillor, is a person elected or appointed to civic office as a member of the governing body (of

Gunnedah Shire Council) and includes the Mayor. Motion, a motion is a proposal to be considered by Council at a meeting. It is a request to do something

or to express an opinion about something. A motion formally puts the subject of the motion as an item of business for the Council.

Quorum, is the minimum number of Councillors or members of a Committee required to enable a

meeting to be legally convened. Only persons qualified to vote on the matters can constitute the quorum. (Refer Clause 24 of this Code.)

Record, means a document (including any written or printed material) or object (including a sound

recording, coded storage device, magnetic tape or disc, microfilm, photograph, film, map, plan or model or a painting or other pictorial or graphic work) that is or has been made or received in the course of official duties by a Councillor or an employee of the Council and, in particular, includes the minutes of meetings of the Council or of a Committee of the Council.

Relative, in relation to a person, means any of the following:

• The parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the person or of the person’s spouse.

• The spouse or the de facto partner of the person or of a person referred to in the paragraph

above. Resolution, a resolution is a motion that has been passed by a majority of councillors at the meeting.

While in practice it means the ‘council decision’, the word ‘resolution’ also indicates the process by which the decision was made.

The Act, means the Local Government Act 1993.

The Code, means the Gunnedah Shire Council Code of Meeting Practice.


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The Regulation, means the Local Government (Meetings) Regulation 1999. Except as otherwise

provided, expressions used in this Code which are defined in the dictionary at the end of the Act have the meanings set out in the dictionary.

4. THE CODE AND ITS RELATIONSHIP TO THE ACT AND REGULATION

4.1 This Code is made pursuant to Section 360(2) of the Local Government Act 1993, and is in accordance with the Local Government (General) Regulation 1999.

4.2 The Code incorporates the relevant provisions of the Regulation and the Act. 4.3 The object of this Code is to provide for the convening and conduct of meetings of Gunnedah

Shire Council and of Committees of Council of which all the members are Councillors. 4.4 Where this Code does not contain a provision dealing with any particular situation, relating to

the convening and conduct of meetings, then those provisions of the rules governing the conduct of sessions of the Legislative Assembly of the Parliament of New South Wales shall apply. The meeting shall abide by the ruling of the Chair.

4.5 This Code may be amended in accordance with the provisions of Sections 361-363 of the Act.

[Note: The Code does not have to be placed on public display if changes are due to changes in legislation or are insignificant.]

4.6 In the event of any inconsistency between the Code and the Act or the Regulation, the Act or

the Regulation (as the case may be) prevails to the extent of the inconsistency. 4.7 Notes in the text of this Code are explanatory and do not form part of this Code. They are

provided to assist understanding. 4.8 The Code of Meeting Practice applies to all meetings of Council and to all Committees of

Council, without exception.


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PART 2 – CONVENING OF AND ATTENDANCE AT COUNCIL MEETING 5. HOW OFTEN DOES THE COUNCIL MEET? (s365 Act) 5.1 The Council is required to meet at least 10 times each year, each time in a different month. 5.2 The Ordinary Meeting of Council shall be held on the third Wednesday of each month

commencing the third Wednesday of each month commencing at the advertised time, or otherwise as amended by Council Resolution.

6. WHERE ARE COUNCIL MEETINGS HELD Council meetings will be held in the Council Chambers, 63 Elgin Street, Gunnedah unless otherwise

advised on the meeting notice or in extraordinary circumstances. Council reserves the right to hold meetings in different locations from time to time. Every endeavour will be made to ensure the venue is acceptable for people with disabilities, is adequate in size, has adequate facilities and has suitable acoustics.

[Note: If notice of a meeting has been given, it must be held or at least opened. If a quorum is not present, then it is adjourned. The meeting cannot be abandoned before the starting time. Notice of an adjourned meeting to a new date must be given. This meeting utilises previous business paper and must be held separate from another meeting.]

7. CONVENING A MEETING A meeting cannot be held unless due notice in writing has been given to all members and a quorum is

present. 8. NOTICE OF MEETINGS (Clause 232 Regulation and Section 9(1) LGA Act) 1. This clause prescribes the manner in which the requirements outlined in section 9(1) of the Act

are to be complied with. 2. A notice of meeting of a Council or of a Committee must be published in a newspaper

circulating in the area before the meeting takes place. 3. The notice must specify the time and place of the meeting. 4. Notice of more than one meeting may be given in the same notice. 5. This clause does not apply to an extraordinary meeting of a Council or Committee whose

members are not all Councillors. 6. This clause does not apply to Committees consisting of members other than Councillors or

Working Groups.

[Note: If notice of a meeting has been given, it must be held or at least opened. If a quorum is not present then it is adjourned. The meeting cannot be abandoned before the starting time. Notice of an adjourned meeting to a new date must be given. This meeting utilises previous business paper and must be held separate from another meeting.

9. GIVING NOTICE OF BUSINESS IE “NOTICE OF MOTION” (Clause 241 Regulation)

9.1 A Council must not transact business at a meeting of the Council:

Unless a Councillor has been given notice of the business in writing at least three working days immediately preceding the meeting, and

Unless notice of the business of any Ordinary meeting has been sent to the Councillor at least three days before the meeting as prescribed in Section 367 LG Act 1993.

9.2 Subclause (9.1) does not apply to the consideration of business at a meeting if the business:


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a) Is already before, or directly relates to a matter that is already before the Council, or b) Is the election of a Chairperson to preside at the meetings as provided by Clause 34 of

this Code, or c) Is a matter or topic put to the meeting by the Chairperson in accordance with Clause

34 of this Code concerning behaviour, or d) Is a motion for the adoption of recommendations of a Committee of the Council.

9.3 Despite Subclause (9.1), business may be transacted at a meeting of a Council even though

due notice of the business has not been given to the Councillors. However, this can happen only if: a) A motion is passed to have the business transacted at the meeting, and/or b) The business proposed to be brought forward is ruled by the Chairperson to be of

great urgency. Such a motion can be moved without notice but only after the business notified in the agenda for the meeting has been disposed of.

9.4 Despite Clause 42 of this Code, only the mover of a motion referred to in Subclause (9.3) can

speak to the motion before it is put. 9.5 The General Manager must sequentially number every notice of motion received and record

such in the minutes. 10. EXTRAORDINARY MEETINGS 10.1 The General Manager or Mayor may call an Extraordinary Meeting of Council. The notice of

the meeting shall state the objective and reasons for calling the meeting.

Calling for Extraordinary Meetings Upon Request by Councillors (s366 Act) 10.2 If the Mayor receives a request in writing signed by at least two Councillors, the Mayor must call

an Extraordinary meeting of the Council to be held as soon as practicable but in any event within 14 days after receipt of the request. The request shall state the objective and reasons for calling the meeting.

11. NOTICE OF MEETINGS TO COUNCILLORS (s367 Act) (Clause 262 Regulation) Three Days’ Notice

11.1 The General Manager of a Council must send to each Councillor, at least three working days before each meeting of the Council, a notice specifying the time and place at which and the date on which the meeting is to be held and the business proposed to be transacted at the meeting.

Emergency Meetings

11.2 Notice of less than three days may be given of an Extraordinary Meeting called in an emergency.

Electronic Form 11.3 A notice under this clause and the agenda for, and the business papers relating to, the meeting

may be given to a Councillor in electronic form but only if all Councillors have facilities to access the notice, agenda and business papers in that form.

12. PUBLIC NOTICES OF MEETINGS (s9 Act) and (Clause 232 Regulation)

Notice of Time and Place

12.1 a) A Council must give notice to the public of the times and places of its meetings and meetings of those of its Committees of which all the members are Councillors.


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b) A notice of a meeting of a Council or of a Committee must be published in a

newspaper circulating in the area before the meeting takes place. c) The notice must specify the time and place of the meeting. d) Notice of more than one meeting may be given in the same notice. e) This clause does not apply to an extraordinary meeting of a Council or Committee.

Copies of Agenda and Business Papers (s9(2) Act)

12.2 A Council and each such Committee must have available for the public at its offices, and at each meeting copies (for inspection or taking away by any person) of the Agenda and the associated business papers for the meeting.

Agendas for Closed Meetings (s92(a) Act)

12.3 In the case of a meeting whose Agenda includes the receipt of information or discussion of other matters that, in the opinion of the General Manager, is likely to take place when the meeting is closed to the public.

a) The agenda for the meeting must indicate that the relevant item of business is of such

a nature (but must not give details of that item); and b) The requirements of subsection 10.2 with respect to the availability of business papers

do not apply to the business papers for that item of business. Time of Availability (s9(3) Act) 12.4 The copies are to be available to the public as close as possible to the time they are available

to Councillors. No Charge (s9(4) Act) 12.5 The copies of the Council business papers are to be available free of charge. Electronic Form of Notice (s9(5) Act) 12.6 A notice given under this Clause or a copy of an agenda or of a business paper made available

under this Clause may, in addition, be given or made available in electronic format. 13. COUNCIL DECISION INVALID IF PROPER NOTICE WAS NOT GIVEN FOR THAT MEETING? A Council decision will still be valid even if proper notice had not been given for the meeting in which the

decision was made (s374 of the Act), provided a quorum was present. If the meeting does not follow the Act, the Regulation, the Model Code or Council’s Meeting Code there may be a breach of the Act (s672), but this does not mean that the decision is invalid (s374 of the Act).

14. AGENDA AND BUSINESS PAPERS FOR COUNCIL MEETINGS (Clause 240 Regulation)

14.1 The General Manager must ensure that the Agenda for a meeting of the Council states:

a) All matters to be dealt with arising out of the proceedings of former meetings of the Council, and

b) If the Mayor is the Chairperson - any matter or topic that the Chairperson proposes, at

the time when the agenda is prepared, to put to the meeting; and c) Subject to Subclause (b), any business of which due notice has been given, except

business that is unlawful.


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14.2 The General Manager must not include in the Agenda for a meeting of the Council any

business of which due notice has been given if, in the opinion of the General Manager, the business is (or the implementation of the business would be) unlawful. The General Manager must report (without giving details of the item of business) any such exclusion to the next meeting of the Council.

14.3 The General Manager must cause the Agenda for a meeting of the Council or a Committee of

the Council to be prepared as soon as practicable before the meeting. 14.4 The General Manager must ensure that the details of any item of business that is likely to take

place when the meeting is closed to the public to which Section 9 (2A) of the Act applies are included in a business paper for the meeting concerned (but must not give details of that item).

14.5 Nothing in this Clause limits the powers of the Chairperson under Clause 50 (behaviour). 15. DUE NOTICE OF BUSINESS TO BE INCLUDED IN THE MEETING AGENDA 15.1 The definition of ‘due notice’ as defined by this Code will be business items that are received by

the General Manager up to 10:00am six days prior to the day of the meeting. 15.2 Councillors may present a notice of motion to the General Manager signed by the Councillor

within ‘due notice’. Supporting notes or comments should be included with the notice of motion. 16. BUSINESS TO BE DISCUSSED AND DEALT WITH AT COUNCIL MEETINGS (Clause 241

Regulation) 16.1 A council must not transact business at a meeting of the council. a) unless a councillor has given notice of the business in writing within such time before

the meeting as is fixed by the Council’s code of meeting practice or (if the Council does not have a code of meeting practice or its code of meeting does not fix that time) as is fixed by resolution of the council; and

b) unless notice of the business has been sent to the councillors in accordance with

section 367 of the Act. 16.2 Subclause 16.1 does not apply to the consideration of business at a meeting if the business: a) is already before, or directly relates to a matter that is already before, the council or b) is the election of chairperson to preside at the meeting as provided by clause 236

(16.1) or c) is a matter or topic put to the meeting by the chairperson in accordance with clause

243, or d) is a motion for the adoption of recommendations of a committee of the council. 16.3 Despite subclause 16.1, business may be transacted at a meeting of a council even though due

notice of the business has not been given to the councillors. However this can only happen if:

a) a motion is passed to have the business transacted at the meeting, and b) the business proposed to be brought forward is ruled by the chairperson to be of great

urgency.

Such a motion can be moved without notice. 16.4 Despite clause 40 of this code, only the mover of a motion referred to in subclause 16.3 can

speak to the motion before it is put.


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17. ORDER OF BUSINESS (Clause 239 Regulation)

17.1 At a meeting of a Council (other than an Extraordinary meeting), the general order of business is (except as provided by the Regulation) as fixed by the Schedule to this Council’s Code of Meeting Practice.

17.2 The order of business fixed under Subclause (17.1) may be altered if a motion to that effect is

passed. Such a motion can be moved without notice. 17.3 Despite Clause 40 of this Code, only the mover of a motion referred to in Subclause (17.2) may

speak to the motion before it is put. 18. AGENDA FOR EXTRAORDINARY MEETINGS (Clause 242 Regulation)

18.1 The General Manager must ensure that the Agenda for an Extraordinary meeting of a Council deals only with the matters stated in the notice of the meeting.

18.2 Despite Subclause (18.1), business may be transacted at an Extraordinary meeting of a Council

even though due notice of the business has not been given to the Councillors. However, this can happen only if:

a) A motion is passed to have the business transacted at the meeting, and b) The business proposed to be brought forward is ruled by the Chairperson to be of

great urgency. 18.3 Such a motion can be moved without notice but only after the business notified in the Agenda

for the meeting has been disposed of. 18.4 Despite Clause 39, only the mover of a motion without notice referred to in Subclause

(118.24.2) can speak to the motion before it is put.

[Note: These meetings are usually held to deal with special or urgent business.] 19. WHO IS ENTITLED TO ATTEND MEETINGS? (s10 Act)

General Public

19.1 Members of the public are entitled to attend a meeting of the Council and those of its

Committees of which all the members are Councillors; and 19.2 A Council must ensure that all meetings of the Council and of such Committees are open to the

public. Result of Expulsion (s10(2) LG Act)

19.3 However, a person (whether a Councillor or another person) is not entitled to be present at a

meeting of the Council or of such a Committee if expelled from the meeting:

a) By a resolution of the meeting; or b) By the person presiding at the meeting if the Council has, by resolution, authorised the

person presiding to exercise the power of expulsion. 19.4 A person may be expelled from a meeting only on the grounds specified in, or in the

circumstances prescribed by, the regulations. 20. WHICH PARTS OF A MEETING CAN BE CLOSED TO THE PUBLIC? (s10A LG Act)

Meetings may be Closed (s10A LG Act)

20.1 A Council, or a Committee of the Council, of which all the members are Councillors, may close

to the public so much of its meeting as comprises:


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a) The discussion of any matters listed in Subclause (b); or b) The receipt or discussion of any of the information so listed.

Grounds for Closure

20.2 The matters and information are the following:

a) Personnel matters concerning particular individuals (other than Councillors).

b) The personal hardship of any resident or ratepayer. c) Information that would, if disclosed, confer a commercial advantage on a person with

whom the Council is conducting (or proposes to conduct) business. d) Commercial information of a confidential nature that would, if disclosed:

i) Prejudice the commercial position of the person who supplied it, or ii) Confer a commercial advantage on a competitor of the Council, or iii) Reveal a trade secret.

e) Information that would, if disclosed, prejudice the maintenance of law. f) Matters affecting the security of the Council, Councillors, Council staff or Council

property. g) Advice concerning litigation, or advice that would otherwise be privileged from

production in legal proceedings on the ground of legal professional privilege. h) Information concerning the nature and location of a place of an intern of Aboriginal

significance on community land. Closure of Part of Meeting by Resolution to Close

20.3 A Council, or a Committee of the Council of which all the members are Councillors, may also

close to the public so much of its meeting as comprises a motion to close another part of the meeting to the public.

Representations by Members of the Public – Closure of Part of Meeting (s10A(4) LG Act, Clause 252 and Clause 264) 20.4 A Council, or a Committee of a Council, may allow members of the public to make

representations to or at a meeting before any part of the meeting is closed to the public, as to whether that part of the meeting should be closed.

20.5 A representation at a Council meeting by a member of the public as to whether a part of the

meeting should be closed to the public can only be made for a fixed period immediately after the motion to close the part of the meeting is moved and seconded.

20.6 That period is as fixed by the Council’s Code of Meeting Practice or (if the Council does not

have a Code of Meeting Practice or its Code of Meeting Practice does not fix that period) as fixed by resolution of the Council. Different periods can be fixed according to the different types of matters to be discussed or received and discussed at closed parts of meetings.

[Note: Clause 252 and Clause 264 of the General Regulation are duplicated.]

21. FURTHER LIMITATIONS RELATING TO CLOSURE OF PARTS OF MEETINGS TO PUBLIC (s10B

LG Act) Time Spent Closed to be Minimised

21.1 A meeting is not to remain closed during the discussion of anything referred to in Clause 16.2:


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a) Except for so much of the discussion as is necessary to preserve the relevant

confidentiality, privilege or security; and

b) If the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secrete - unless the Council or Committee concerned is satisfied that discussion of the matter in an open meeting would, on balance, be contrary to the public interest.

21.2 A meeting is not to be closed during the receipt and consideration of information or advice

referred to in Clause 20.2(g) of this Code unless the advice concerns legal matters that:

a) are substantial issues relating to a matter in which the Council or committee is involved;

b) are clearly identified in the advice; and c) are fully discussed in that advice.

21.3 If a meeting is closed during the discussion of a motion to close another part of the meeting to

the public (as referred in Clause 20.2 of this Code, the consideration of the motion must not include any consideration of the matter or information to be discussed in that other part of the meeting (other than consideration of whether the matter concerned is a matter referred to in Clause 20.2 of this Code).

21.4 For the purpose of determining whether the discussion of a matter in open meeting would be

contrary to the public interest, it is irrelevant that:

a) a person may misinterpret or misunderstand the discussion; or b) the discussion of the matter may: i) cause embarrassment to the Council or Committee concerned, or to

Councillors or to employees of the Council; or

ii) cause a loss of confidence in the Council or Committee. 21.5 In deciding whether part of a meeting is to be closed to the public, the Council or Committee

concerned must have regard to any relevant guidelines issued by the Director General. 22. NOTICE OF LIKELIHOOD OF CLOSURE NOT REQUIRED IN URGENT CASES (s10C LG Act) Part of a meeting of a Council, or of a Committee of the Council of which all the members are

Councillors, may be closed to the public while the Council or Committee considers a matter that has not been identified in the Agenda for the meeting as a matter that is likely to be considered when the meeting is closed, but only if:

22.1 It becomes apparent during the discussion of a particular matter it is a matter referred to in

Clause 20.2; and 22.2 The Council or Committee, after considering any representations made under Clause 20.4,

resolve that further discussion of the matter:

a) Should not be deferred (because of the urgency of the matter); and b) Should take place in a part of the meeting that is closed to the public.


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23. GROUNDS FOR CLOSING PART OF MEETING TO BE SPECIFIED (s10D LG Act)

Record of Grounds for Closure

23.1 The grounds on which part of a meeting is closed must be stated in the decision to close that

part of the meeting and must be recorded in the Minutes of the meeting. Details to be Specified

23.2 The grounds must specify the following:

a) The relevant provision of Section 10A(2) of the LG Act, Clause 20.2 of this Code.

b) The matter that is to be discussed during the closed part of the meeting,

c) The reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which the discussion of the matter in an open meeting would be, on balance, contrary to the public interest.

24. RESOLUTIONS PASSED AT CLOSED MEETINGS TO BE MADE PUBLIC (Clause 253 Regulation) If a Council passes a resolution during a meeting, or part of a meeting, that is closed to the public, the

chairperson must make the resolution public as soon as practicable after the meeting or part of the meeting has ended.

25. WHAT IS THE QUORUM OF A MEETING? (s368 LG Act) The quorum for a meeting of the Council is a majority of the Councillors of the Council who hold office

for the time being and is not suspended from office. The quorum of a committee of Council is established by Council. 26. WHAT HAPPENS WHEN A QUORUM IS NOT PRESENT? (Clause 233 Regulation) 26.1 A meeting of a Council must be adjourned if a quorum is not present: a) Within half an hour after the time designated for the holding of the meeting; or b) At any time during the meeting. 26.2 In either case, the meeting must be adjourned to a time, date and place fixed: a) By the chairperson; or b) In his or her absence - by the majority of the Councillors present; or

c) Failing that, by the General Manager. 26.3 The General Manager must record in the Council’s Minutes the circumstances relating to the

absence of a quorum (including the reasons for the absence of a quorum) at or arising during a meeting of the Council, together with the names of the Councillors present.

[Note: Council may debate a motion that has been properly submitted. If a lack of quorum occurred and the meeting was adjourned, the motion could be debated when the meeting is reconvened.]

27. MINISTER TO CONVENE MEETINGS IN CERTAIN CASES (Clause 234 Regulation) 27.1 Whenever an area is constituted or reconstituted, the Minister is required:


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a) To convene the first meeting of the Council of the area; b) To nominate the business to be transacted at the meeting; and

c) To give the Councillors notice of the meeting.

27.2 If there is no quorum at that meeting, the Minister may convene meetings in the same manner until a quorum is present.

27.3 The Council must transact the business nominated by the Minister for a meeting convened

under this Clause. 28. PRESENCE AT COUNCIL MEETINGS (Clause 235 Regulation) A Councillor cannot participate in a meeting of a Council unless personally present at the meeting. 29. DEPARTURE FROM COUNCIL MEETINGS Councillors are required, on proposing to retire from a Council Meeting for the remainder of that meeting,

to give prior notice of intended departure to the Chairperson. 30. LEAVE OF ABSENCE (Clause 235A Regulation) (s234(2) LG Act)

30.1 A Councillor’s application for leave of absence from Council meetings should, if practicable, identify (by date) the meetings from which the Councillor intends to be absent.

30.2 A Councillor applying for leave of absence from a meeting of Council does not need to make

the application in person and the Council may grant such leave in the absence of that Councillor.

30.3 A Councillor who intends to attend a Council meeting despite having been granted leave of

absence should, if practicable, give the General Manager at least two days notice of his or her intention to attend.

[Note: Tendering an apology is not the same as leave of absence. An apology is simply a positive acknowledgement of the courtesy of the person who tendered it to let the chairman know. Leave of absence is formal permission granted by way of Council resolution.]

31. ATTENDANCE OF GENERAL MANAGER AT MEETINGS (s376 LG Act) Cannot Vote 31.1 The General Manager is entitled to attend, but not to vote at, a meeting of the Council or a

meeting of a Committee of the Council of which all the members are Councillors. Can Vote (s376(2))

31.2 The General Manager is entitled to attend a meeting of any other Committee of the Council and

may, if a member of the Committee, exercise a vote. Exclusion from Meeting (s376(3) LG Act)

31.3 However, the General Manager may be excluded from a meeting of the Council or a Committee

while the Council or Committee deals with a matter relating to the standard of performance of the General Manager or the terms of the employment of the General Manager.


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32. ATTENDANCE OF COUNCILLORS AT MEETINGS (s234(1)(d) LG Act) 32.1 A civic office becomes vacant if the Councillor is absent from three consecutive ordinary

meetings of the Council (unless the Councillors absent because he or she has been suspended from office under section 482 (LG Act) without:

a) prior leave of Council, or b) leave granted by the Council at any of the meetings concerned.


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PART 3 – CONDUCT OF COUNCIL MEETINGS 33. WHO PRESIDES AT MEETINGS? (s369 Act) Mayor or Deputy Mayor 33.1 The Mayor, or at the request of or in the absence of the Mayor, the Deputy Mayor presides at

meetings of the Council. Absence

33.2 If the Mayor and Deputy Mayor are absent, a Councillor elected to chair the meeting by the

Councillors present presides at a meeting of the Council. 34. COUNCILLOR TO BE ELECTED TO PRESIDE AT CERTAIN MEETINGS (Clause 236 Regulation) 34.1 If no Chairperson is present at a meeting of a Council at the time designated for the holding of

the meeting, the first business of the meeting must be the election of a Chairperson to preside at the meeting.

[Note: Subsection 369(2) of the Act Clause 27.2 of the Code, provides for a Councillor to be elected to chair a meeting of a Council when the Mayor and Deputy Mayor are absent.]

34.2 The election must be conducted:

a) By the General Manager or, in his or her absence, an employee of the Council

designated by the General Manager to conduct the election, or

b) If neither of them is present at the meeting or there is no General Manager or designated employee, by the person who called the meeting or a person acting on his or her behalf.

34.3 If, at an election of a Chairperson, two or more candidates receive the same number of votes

and no other candidate receives a greater number of votes, the Chairperson is to be the candidate whose name is chosen by lot.

34.4 For the purposes of Subclause (34.3), the person conducting the election must:

a) Arrange for the names of the candidates who have equal numbers of votes to be

written on similar slips; and

b) Then fold the slips so as to prevent the names from being seen, mix the slips and draw one of the slips at random.

34.5 The candidate whose name is on the drawn slip is the candidate who is to be the Chairperson.

35. CHAIRPERSON TO HAVE PRECEDENCE (Clause 237 Regulation)

When the Chairperson rises during a meeting of a Council: 35.1 Any Councillor then speaking or seeking to speak must, if standing, immediately resume his or

her seat, and 35.2 Every Councillor present must be silent to enable the Chairperson to be heard without

interruption. 36. CHAIRPERSON’S DUTY WITH RESPECT TO MOTIONS (Clause 238 Regulation) 36.1 It is the duty of the Chairperson at a meeting of the Council to receive and put to the meeting

any lawful motion that is brought before the meeting.


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36.2 The Chairperson must rule out of order any motion that is unlawful or the implementation of

which would be unlawful. 36.3 Any motion, amendment or other matter that the Chairperson has ruled out of order is taken to

have been rejected. 37. NOTICE OF MOTION - ABSENCE OF MOVER (Clause 245 Regulation) In the absence of a Councillor who has placed a notice of motion on the business paper for a meeting of

the Council:

a) Any other Councillor may move the motion at the meeting; or b) The Chairperson may defer the motion until the next meeting of the Council at which the motion

can be considered. 38. MOTIONS PUT WITHOUT DEBATE Provided there is no objection from any Councillor present, any motion or recommendation before the

Council may be put to the vote without discussion or debate. 39. MOTIONS TO BE SECONDED (Clause 246 Regulation)

A motion or an amendment cannot be debated unless or until it has been seconded. This Clause is subject to Clauses 42.5 and 59.2 of this Code.

40. MOTIONS MAY BE WITHDRAWN

Before any motion or amendment is put to the vote, it may be withdrawn by the mover and seconder

with the leave of the Chairperson. 41. HOW SUBSEQUENT AMENDMENTS MAY BE MOVED (Clause 247 Regulation) 41.1 If an amendment has been rejected, a further amendment can be moved to the motion to which

the rejected amendment was moved, and so on, but no more than one motion and one proposed amendment can be before the Council at any one time.

41.2 It is permissible to debate the motion and amendment concurrently. 41.3 It is permissible during the debate on an amendment for a further amendment to be

foreshadowed. However, any such foreshadowed amendment shall not be moved and debated until the amendment is dealt with.

[Note: Amendments may be in the form of additional words to a motion and/or the removal of words from the motion. If the amendment is supported, the original motion is automatically changed by the addition and/or removal of words. This becomes the amended motion. If no further amendments are put forward, the amended motion is then put to the meeting. If passed, the amended motion becomes the resolution.

Any amendment to a motion must not alter the motion to the extent that it effectively reverses the motion.]

42. LIMITATION AS TO NUMBER OF SPEECHES (Clause 250 Regulation) 42.1 A Councillor who, during a debate at a meeting of a Council, moves an original motion has the

right of general reply to all observations that are made by another Councillor during the debate in relation to the motion and to any amendment to it, as well as the right to speak on any such amendment.

42.2 A Councillor, other than the mover of an original motion, has the right to speak once on the

motion and once on each amendment to it.


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42.3 A Councillor must not, without the consent of the Council, speak more than once on a motion or

an amendment, or for longer than five minutes at any one time. However, the Chairperson may permit a Councillor who claims to have been misrepresented or misunderstood to speak more than once on a motion or an amendment, and for longer than five minutes on that motion or amendment to enable the Councillor to make a statement limited to explaining the misrepresentation or misunderstanding.

42.4 Despite Subclauses (42.1) and (42.2), a Councillor may move that a motion or an amendment

be now put: a) If the mover of the motion or amendment has spoken in favour of it and no Councillor

expresses an intention to speak against it; or b) If at least two Councillors have spoken in favour of the motion or amendment and at

least two Councillors have spoken against it. 42.5 The Chairperson must immediately put to the vote, without debate, a motion moved under

Subclause (42.4). A seconder is not required for such a motion. 42.6 If a motion that the original motion or an amendment be now put is passed, the Chairperson

must, without further debate, put the original motion or amendment to the vote immediately after the mover of the original motion has exercised his or her right of reply under Subclause (42.1).

42.7 If a motion that the original motion or an amendment be now put is rejected, the Chairperson

must allow the debate on the original motion or the amendment to be resumed. 43. NO DISCUSSION ONCE PASSED 43.1 Once a vote on a motion has been taken, no further discussions relating to the motion will be

allowed unless:

a) A Councillor requests that his or her opposition to the motion be recorded in the Minutes;

b) It is requested that it be recorded in the Minutes that the motion was passed

unanimously; or

c) A subsequent rescission motion is passed. 44. MOTIONS OF DISSENT (Clause 248 Regulation) 44.1 A Councillor can, without notice, move to dissent from the ruling of the Chairperson on a point

of order. If that happens, the Chairperson must suspend the business before the meeting until a decision is made on the motion of dissent.

44.2 If a motion of dissent is passed, the Chairperson must proceed with the suspended business as

though the ruling dissented from had not been given. If, as a result of the ruling, any motion or business has been discharged as out of order, the Chairperson must restore the motion or business to the agenda and proceed with it in due course.

44.3 Despite Clause 42 of this Code, only the mover of a motion of dissent and the Chairperson can

speak to the motion before it is put. The mover of the motion does not have a right of general reply.

45. PROCEDURAL MOTIONS 45.1 Unless otherwise prohibited, a procedural motion may be moved at any time and must be dealt

with immediately by the Chairperson. 45.2 The mover of a procedural motion must not have moved, seconded or spoken to the question

before the Chair or any amendment to it.


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45.3 A procedural motion cannot be moved by the Chairperson. 45.4 Unless otherwise provided, debate on a procedural motion is not permitted and the mover does

not have a right of reply. 45.5 Unless otherwise provided, a procedural motion cannot be amended.

Laying the Question on the Table 45.6 A motion “That the matter be deferred to (time, Council, Committee, further report, etc)”:

a) Is a motion which cannot be refused by the Chair. b) Requires a seconder. c) May be debated. d) May be amended in relation to details of when the matter is to be dealt with, where it is

to be dealt with and when a report is to be produced etc. e) If carried, the Chairperson must direct the meeting to the next item of business, and f) Cannot be moved by a person who has either moved a motion or an amendment on

the matter in question.

Proceeding to the Next Business 45.7 A motion “That the meeting proceed to the next business”:

a) Is a procedural motion which cannot be moved during the election of Chairperson, and b) If carried in respect to an original motion, means that the Chairperson must direct the

meeting to the next item of business, and c) If carried in respect of a procedural motion, or an amending motion, debate upon the

original motion proceeds. Adjourning the Debate 45.8 A motion “That the motion and amendments now before the meeting be adjourned until …..”:

a) Is a procedural motion which cannot be moved while any person is speaking or during

the election of a Chairperson; and

b) Is a motion on which debate is permitted, including whether the adjournment is appropriate or not, but may only be amended in relation to the time, date and place of the proposed adjournment.

46. RESCINDING OR ALTERING RESOLUTIONS (s372 LG Act) Motion 46.1 A resolution passed by Council may not be altered or rescinded except by a motion to that

effect of which notice has been duly given in accordance with Part 2 of this Code. Notice to Rescind 46.2 If notice of motion to rescind a resolution is given at the meeting at which the resolution is

carried, the resolution must not be carried into effect until the motion of rescission has been dealt with.

46.3 If a rescission motion is received after the meeting and the resolution has not been put into

effect, then the General Manager should ensure the resolution is not put into effect until the rescission motion is decided on by Council.

Motion Negatived 46.4 If a motion has been negatived by Council, a motion having the same effect must not be

considered unless notice of it has been duly given in accordance with this Code.


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Signature Requirement 46.5 A notice of motion to alter or rescind a resolution, and a notice of motion which has the same

effect as a motion, which has been negatived by the Council, must be signed by three Councillors if less than three months has elapsed since the resolution was passed, or the motion was negatived, as the case may be.

No Similar Motion 46.6 If a motion to alter or rescind a resolution has been negatived, or if a motion which has the

same effect as a previously negatived motion, is negatived, no similar motion may be brought forward within three months. This subsection may not be evaded by substituting a motion differently worded, but in principle the same.

Report 46.7 A motion to which this clause applies may be moved on the report of a Committee of the

Council any such report must be recorded in the Minutes. Motions of Adjournment 46.8 The provisions of this clause concerning negatived motions do not apply to motions of

adjournment.

46.9 Council cannot rescind development consent if the applicant has been notified in writing.

[Note: It would appear that Council could rescind part of a resolution (without rescinding the whole resolution) provided the part is discreet from the other parts.]

47. WHAT ARE THE VOTING ENTITLEMENTS OF COUNCILLORS CASTING VOTE? (s370 Act)

Councillors

47.1 Each Councillor is entitled to one vote.

Person Presiding

47.2 However, the person presiding at a meeting of the Council has, in the event of an equality of

votes, a second or casting vote.

[Note: Should the chairperson fail to exercise a casting vote the motion being voted upon would be lost.]

48. VOTING AT COUNCIL MEETINGS (Clause 251 Regulation) 48.1 A Councillor cannot participate in a meeting of Council unless personally present at the meeting

(no voting by proxy). 48.2 A Councillor who is present at a meeting of a Council but who fails to vote on a motion put to

the meeting, is taken to have voted against the motion. 48.3 If a Councillor who has voted against a motion put at a Council meeting so requests, the

General Manager must ensure that the Councillor’s dissenting vote is recorded in the Council’s Minutes.


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48.4 The decision of the Chairperson as to the result of a vote is final, unless the decision is

immediately challenged and not fewer than two Councillors rise and demand a division. 48.5 When a division on a motion is demanded, the Chairperson must ensure that the division takes

place immediately. The General Manager must ensure that the names of those who vote for the motion and those who vote against it are respectively recorded in the Council’s Minutes.

48.6 Voting at a Council meeting, including voting in an election at such a meeting, is to be by open

means (such as on the voices or by show of hands). However, the Council may resolve that the voting in any election by Councillors for Mayor or Deputy Mayor is to be by secret ballot.

[Note: A Councillor who is anywhere in the room where the Council meeting is being held, is considered to be present for the purpose of voting.]

[Note: Part 11 of this Regulation provides that a Council is to resolve whether an election by the Councillors for Mayor or Deputy Mayor is to be by preferential ballot, ordinary ballot or open voting (Clause 394 and Clause 3 of Subsection 7). Clause 3 of Schedule 7 also makes it clear that ballot has its normal meaning of secret ballot.]

49. WHAT CONSTITUTES A DECISION OF THE COUNCIL? (s371 LG Act) A decision supported by a majority of the votes at a meeting of the Council at which a quorum is present

is a decision of the Council. 50. MODE OF ADDRESS AT MEETINGS Councillors and Council employees shall at all times:

50.1 Address Councillors by their official designation, as Mister/Madam Mayor or Councillor, as the case may be;

50.2 Address Council employees by their position title;

and with the exception of the Chairperson, or any Councillor or Council employee prevented by physical disability, may stand when speaking in Council meetings.

51. QUESTIONS MAY BE PUT TO COUNCILLORS AND COUNCIL EMPLOYEES (Clause 249

Regulation) 51.1 A Councillor:

a) May, through the Chairperson, put a question to another Councillor in relation to items on the agenda; and

b) May, through the General Manager, put a question to a Council employee in relation to items on the agenda; and

c) May provide questions to the General Manager to be asked at the meeting and included on the agenda, in accordance with the notice provisions in clause 14-15 of this Code.

51.2 However, a Councillor or Council employee to whom a question is put is entitled to be given

reasonable notice of the question and, in particular, sufficient notice to enable reference to be made to other persons or to documents.

51.3 The Councillor must put every such question directly, succinctly and without argument. 51.4 The Chairperson must not permit discussion on any reply or refusal to reply to a question put to

a Councillor or Council employee under this Clause.

51.5 There will be no Questions Without Notice unless the matter is genuinely urgent and raised as urgent business.


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5.15 Questions On Notice will be submitted by Councillors seven business days prior to the Council or Committee meeting for inclusion on the business paper agenda or committee meeting notice.

52. REPORT OF A DEPARTMENTAL REPRESENTATIVE TO BE TABLED AT COUNCIL MEETING

(Clause 244 Regulation) When a report of a Departmental representative has been presented to a meeting of a Council in

accordance with Section 433 of the LG Act, the Council must ensure that the report: 52.1 Is laid on the table at that meeting; and 52.2 Is subsequently available for the information of Councillors and members of the public at all

reasonable times. 53. QUESTIONS OF ORDER (Clause 255 Regulation) 53.1 The Chairperson, without the intervention of any other Councillor, may call any Councillor to

order whenever, in the opinion of the Chairperson, it is necessary to do so. 53.2 A Councillor who claims that another Councillor has committed an act of disorder, or is out of

order, may call the attention of the Chairperson to the matter. 53.3 The Chairperson must rule on a question of order immediately after it is raised but, before doing

so, may invite the opinion of the Council.

53.4 The Chairperson’s ruling must be obeyed unless a motion dissenting from the ruling is passed. 54. ACTS OF DISORDER (Clause 256 Regulation) 54.1 A Councillor commits an act of disorder if the Councillor, at a meeting of a Council or a

Committee of a Council:

a) Contravenes the Act or any regulation in force under the Act; b) Assaults or threatens to assault another Councillor or person present at the meeting; c) Moves or attempts to move a motion or an amendment that has an unlawful purpose

or that deals with a matter that is outside the jurisdiction of the Council or Committee, or addresses or attempts to address the Council or Committee on such a motion, amendment or matter;

d) Insults or makes personal reflections on or imputes improper motives to any other

Councillor; e) Says or does anything that is inconsistent with maintaining order at the meeting or is

likely to bring the Council or Committee into contempt; or f) Reads at length from any correspondence, report or other document, at a meeting

without the leave of the Council.

54.2 The Chairperson may require a Councillor:

a) To apologise without reservation for an act of disorder referred to in Subclause 46.1(a) or 54.1(b), or

b) To withdraw a motion or an amendment referred to in Subclause 46.1(c) and, where

appropriate, to apologise without reservation, or c) To retract and apologise without reservation for an act of disorder referred to in

Subclause 54.1(d) or 54.1(e). 54.3 A Councillor may, as provided by Section 10 (2) (a) or (b) of the LG Act, be expelled from a

meeting of a Council for having failed to comply with a requirement under Subclause (54.2). The expulsion of a Councillor from the meeting for that reason does not prevent any other action from being taken against the Councillor for the act of disorder concerned.


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55. HOW DISORDER AT A MEETING MAY BE DEALT WITH (Clause 257 Regulation) 55.1 If disorder occurs at a meeting of a Council, the Chairperson may adjourn the meeting for a

period of not more than 15 minutes and leave the chair. The Council, on reassembling, must, on a question put from the Chair, decide without debate whether the business is to be proceeded with or not. This Subclause applies to disorder arising from the conduct of members of the public as well as disorder arising from the conduct of Councillors.

55.2 A member of the public may, as provided by Section 10 (2) (a) or (b) of the LG Act, be expelled

from a meeting of a Council for engaging in or having engaged in disorderly conduct at the meeting.

56. POWER TO REMOVE PERSONS FROM MEETING AFTER EXPULSION RESOLUTION (Clause 258

Regulation) If a Councillor or a member of the public fails to leave the place where a meeting of a Council is being

held: 56.1 Immediately after the Council has passed a resolution expelling the Councillor or member from

the meeting; or 56.2 Where the Council has authorised the person presiding at the meeting to exercise the power of

expulsion, immediately after being directed by the person presiding to leave the meeting; a Police Officer, or any person authorised for the purpose by the Council or person presiding, may, by

using only such force as is necessary, remove the Councillor or member from that place and, if necessary, restrain the Councillor or member from re-entering that place.

57. MISBEHAVIOUR (Division 3 Local Government Act 1993 s440(F))

57.1 In this Division:

misbehaviour of a Councillor means any of the following: a) a contravention by the Councillor of this Act or the regulations; b) a failure by the Councillor to comply with an applicable requirement of a code of

conduct as required under section 440(5); c) an act of disorder committed by the Councillor at a meeting of the Council or a

Committee of the Council; but does not include a contravention of the disclosure requirement of Part 2.

[Note: a contravention of the disclosure requirements of Part 2 is dealt with under other provisions of this chapter.]

57.2 A reference in this Division is misbehaviour or an incident of misbehavour includes a reference

to misbehaviour that consists of an omission or failure to do something. Formal censure of Councillor for misbehaviour (s440(G) LG Act) 57.3 A Council may by resolution at a meeting formally censure a Councillor for misbehaviour. 57.4 A formal censure resolution may not be passed except by a motion to that effect of which notice

has been duly given in accordance with regulations made under section 360 LG Act and, if applicable, the Council’s Code of Meeting Practice.

57.5 A Council may pass a formal censure resolution only if it is satisfied that the Councillor has

misbehaved on one or more occasions.


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57.6 The Council must specify in the formal censure resolution the grounds on which it is satisfied

that the Councillor should be censured. 57.7 A motion for a formal censure resolution may, without limitation, be moved on the report of a

Committee of the Council and any such report must be recorded in the minutes of the meeting of the Council.

How is the process for suspension of a Councillor for misbehaviour initiated? (s440(H) LG Act)

57.8 The process for the suspension of a Councillor from civic office is initiated by:

a) a request made by the Council by resolution communicated by the Director-General, in which the Council states its belief that grounds may exist that warrant the Councillors’ suspension; or

b) a request made by the Director-General to the Council for a report from the Council in

relation to the Councillor’s alleged misbehaviour; or c) a report made by the Independent Commission Against Corruption or the

Ombudsman, in which the Commission or the Ombudsman states that the Commission or Ombudsman is satisfied that grounds exist that warrant the Councillor’s suspension.

57.9 The Council must make a report to the Director-General requested under subsection (1)(b)

before the date specific in the Director-General’s request or any later ate allowed by the Director-General.

57.10 This section authorizes such requests and reports to be made, and a reference in this section to

a report made by the Independent Against Corruption or the Ombudsman is a reference to a report made to the Director-General under the authority of this subsection or under any other provisions of this or any other Act.

57.11 Nothing in this section affects any function under any other provisions of this or any other Act

that authorizes the making of a report or recommendation concerning suspension of a Councillor from civic office.

What are the grounds on which a Councillor may be suspended? (s440(I) LG Act) 57.12 The grounds on which a Councillor may be suspended from civic office under this Division are

that:

a) the Councillor’s behaviour has:

i) been disruptive over a period; and ii) involved more than one incident of misbehaviour during that period;

and the pattern of behaviour during that period is of such a sufficiently serious nature

as to warrant the Councillor’s suspension; or b) the Councillor’s behaviour has involved one incident of misbheaviour that is of such a

sufficiently serious nature as to warrant the Councillor’s suspension. 57.13 The process for the suspension of a Councillor from civic office cannot be initiated by a request

made by the Council unless: a) where subsection (57.12(a)) applies – the Councillor has: i) on two or more occasions been formally censured for incidents of

misbehaviour that occurred during the period concerned; or ii) on at least one occasion been expelled from a meeting of the Council or a

Committee of the Council for an incident of misbehaviour during the period concerned; or


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b) where subsection (57.12)(b) applies – the Councillor has: i) been formally censured for the incident of misbehaviour concerned; or ii) been expelled from a meeting of the Council or a Committee of the Council for

the incident of misbehaviour concerned. 57.14 Subsection (57.13) does not affect the Director-General’s power to initiate the process for the

suspension of a Councillor from civic office. 57.15 Furthermore, subsection (57.13) does not prevent the Director-General from initiating the

process for the suspension of a Councillor from civic office as a result of a request or report referred to in section 440H.

[Note: The suspended Councillor/Mayor can attend meetings, but only as a member of the public. Therefore cannot take part in the election of Mayor or Deputy Mayor or vote on any matter.]


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PART 4 – MINUTES OF COUNCIL MEETINGS 58. MINUTES (s375 LG Act)

Minutes to be Kept

58.1 The Council must ensure that full and accurate minutes are kept of the proceedings of a

meeting of the Council. Confirmation 58.2 The correctness of the minutes of every preceding meeting, including Extraordinary meetings,

not previously confirmed must be dealt with at every Ordinary meeting of the Council, in order that such minutes may be confirmed.

58.3 The correctness of the minutes of a meeting shall only be confirmed on the motion of two

Councillors who were in attendance. 58.4 A motion or discussion with respect to such minutes shall not be in order except with regard to

their accuracy as a true and correct record of the proceedings. Signature (s375(2) LG Act)

58.5 The minutes must, when they have been confirmed at a subsequent meeting of the Council, be

signed by the person presiding at that subsequent meeting. General Manager Must Record the Following (Clause 254 Regulation)

58.6 In keeping the minutes of any meeting, the General Manager must record:

a) The names of Councillors whether they are Present, an Apology or Leave of Absence, etc.

b) The names of Officers in Attendance. c) The name of any other person excluding members of the public in attendance at the

meeting and the organisation they represent or the capacity of their attendances. d) The arrival and departure times of Councillors, during the course of the meeting

(including any temporary departures or arrivals). e) Every motion and amendment moved, including the mover and seconder of any motion

or amendment. f) The outcome of every motion, that is, whether it was put to the vote and the result of

either Carried, Lost, Withdraw, Lapsed, Amended, etc and identification of those motions voted on by secret ballot.

g) Procedural motions should be highlighted. h) Motions passed unanimously, if notation is requested by the Chairperson. i) Where a valid division is called, a table of the names of every Councillor and the way

their vote was cast, either for or against. j) When requested by a Councillor, a record of their support or opposition for any motion. k) Details of failure to achieve or maintain a quorum and any adjournment whether as a

result or otherwise. l) Details of any public addresses and questions made to the Council.


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m) The time and reason for any adjournment of the meeting or suspension of Standing Orders.

n) Disclosure of a pecuniary interest of a Councillor or Council employee attending the

meeting. o) Any other matter which the General Manager thinks should be recorded to clarify the

intention of the meeting or the reading of the Minutes. 58.7 Recording of Voting on Planning Matters (s375A LG Act) a) In this section, planning decision means a decision made in the exercise of a function

of a Council under the Environmental Planning and Assessment Act 1979: i) including a decision relating to a development application, an environmental

planning instrument, a development control plan or a development contribution plan under that Act, but

ii) not including the making of an order under Division 2A of Part 6 of that Act. b) The General Manager is required to keep a register containing, for each planning

decision made at a meeting of the Council or a Council Committee, the names of the Councillors who supported the decision and the names of any Councillors who opposed (or are taken to have opposed) the decision.

c) For the purpose of maintaining the register, a division is required to be called

whenever a motion for a planning decision is put at a meeting of the Council or a Council Committee.

d) Each decision recorded in the register is to be described in the register or identified in

a manner that enables the description to be obtained from another publicly available document, and is to include the information required by the regulation.

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

[Note: It is therefore important for Councillors to clearly indicate their vote on planning matters and enable the minute taker time to record the Councillors names.]

58.8 In addition, the Minutes should:

a) Bear the date and time and venue where the meeting was commenced, adjourned,

resumed and concluded; b) Be consecutively page numbered; and c) Contain consecutive item numbers which are clearly headed with subject titles (and,

where appropriate, sub-titles) and file references. 58.9 Every minute and the item that it relates to must be indexed through a central indexing system

established and maintained by the General Manager.

[Note: Section 375(1) of the LG Act (Clause 58 of this Code requires a Council to ensure that full and accurate minutes are kept of the proceedings of a meeting of the Council.]

58.10 Council will undertake audio recordings of the open sections of ordinary, extraordinary and

committee meetings in accordance with its Policy – Audio Recordings of Council Open Meetings.


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59. MAYORAL MINUTES (SIGNED BY CHAIRPERSON) (Clause 243 Regulation) 59.1 If the Mayor is the Chairperson at a meeting of a Council, the Chairperson is, by minute signed

by the Chairperson, entitled to put to the meeting without notice any matter or topic that is within the jurisdiction of the Council or of which the Council has official knowledge.

59.2 Such a minute, when put to the meeting, takes precedence over all business on the Council’s

Agenda for the meeting. The Chairperson (but only if the Chairperson is the Mayor) may move the adoption of the Minute without the motion being seconded.

59.3 A recommendation made in a minute of the Chairperson (being the Mayor) or in a report made

by a Council employee is, so far as adopted by the Council, a resolution of the Council.

[Note: Mayoral Minutes should not be used to introduce, without notice, matters that are routine, not urgent and require research and in depth consideration.

Mayoral Minutes, like motions, may be altered by Council in determining the ultimate resolution.]


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PART 5 – PECUNIARY INTERESTS 60. WHAT IS A “PECUNIARY INTEREST”? (s442 LG Act) Pecuniary Interest 60.1 For the purposes of this Part, a pecuniary interest is an interest that a person has in a matter

because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated as provided in Clause 52 of this Code.

Remoteness 60.2 A person does not have a pecuniary interest in a matter if the interest is so remote or

insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter or if the interest is of a kind specified in Clause 53 of this Code.

61. WHO HAS A PECUNIARY INTEREST? (s443 LG Act) Interest in a Matter 61.1 For the purposes of this Part, a person has a pecuniary interest in a matter if the pecuniary

interest is the interest of:

a) The person; or b) The person’s spouse or de factor partner or a relative of the person, or a partner or

employer of the person, pr c) a company or other body of which the person, or a nominee, partner or employer of the

person, is a member. No Interest in the Matter 61.2 However, a person is not taken to have a pecuniary interest in a matter as referred to in

subsection (61.1):

a) If the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative, partner, employer or company or other body; or

b) Just because the person is a member of, or is employed by, a Council or a statutory

body or is employed by the Crown; or c) Just because the person is a member of, or a delegate of a Council to, a company or

other body that has a pecuniary interest in the matter, so long as the person has no beneficial interest in any shares of the company or body.

62. WHO ARE DESIGNATED PERSONS (s441 LG Act) For the purposes of this Chapter, designated persons are:

The general manager. Other senior staff of the Council.


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A person (other than a member of the senior staff of the Council) who is a member of staff of

the Council or a delegate of the Council and who holds a position identified by the Council as the position of a designated person because it involves the exercise of functions under this or another Act (such as regulatory functions or contractual functions) that, in their exercise, could give rise to a conflict between the person’s duty as a member of staff or delegate and the person’s private interest.

A person (other than a member of the senior staff of the Council) who is a member of a

Committee of the Council identified by the Council as a Committee whose members are designated persons because the functions of the Committee involve the exercise of the Council’s functions under this or any other Act (such as regulatory functions or contractual functions) that, in their exercise, could give rise to a conflict between the member’s duty as a member of the Committee and the member’s private interest.

63. WHAT INTERESTS DO NOT HAVE TO BE DISCLOSED? (s448 LG Act) 63.1 The following interests do not have to be disclosed for the purposes of this Part:

a) An interest as an elector. b) An interest as a ratepayer or person liable to pay a charge. c) An interest in any matter relating to the terms on which the provision of a service or the

supply of goods or commodities is offered to the public or a section of the public that includes persons who are not subject to this Part.

d) An interest in any matter relating to the terms on which the provision of a service or the

supply of goods or commodities is offered to a relative of the person by the Council in the same manner and subject to the same conditions as apply to persons who are not subject to this Part.

e) An interest as a member of a club or other organisation or association, unless the

interest is as the holder of an office in the club or organisation (whether remunerated or not).

f) An interest of a member of a Council Committee as a person chosen to represent the

community or as a member of a non-profit organisation or other community or special interest group if the committee member has been appointed to represent the organisation or group on the committee.

g) An interest in a proposal relating to the making, amending, altering or repeal of an

environmental planning instrument other than an instrument that effects a change of the permissible uses of:

i) land in which the person or another person with whom the person is

associated as provided in s.443 of the LG Act has a proprietary interest (which, for the purposes of this paragraph, includes any entitlement to the land at law or in equity and any other interest or potential interest in the land arising out of any mortgage, lease, trust, option or contract, or otherwise), or

ii) land adjoining, adjacent to or in proximity to land referred to in subparagraph

(i), if the person or the other person with whom the person is associated would by reason of the proprietary interest have a pecuniary interest in the proposal.

h) An interest relating to a contract, proposed contract or other matter if the interest arises

only because of a beneficial interest in shares in a company that does not exceed 10 per cent of the voting rights in the company.


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i) An interest of a person arising from the proposed making by the Council of an

agreement between the Council and a corporation, association or partnership, being a corporation, association or partnership that has more than 25 members, if the interest arises because a relative of the person is a shareholder (but not a director) of the corporation or is a member (but not a member of the committee) of the association or is a partner of the partnership.

j) An interest of a person arising from the making by the Council of a contract or

agreement with a relative of the person for or in relation to any of the following, but only if the proposed contract or agreement is similar in terms and conditions to such contracts and agreements as have been made, or as are proposed to be made, by the Council in respect of similar matters with other residents of the area:

i) the performance by the Council at the expense of the relative of any work or

service in connection with roads or sanitation; ii)) security for damage to footpaths or roads; and iii) any other service to be rendered, or act to be done, by the Council by or

under any Act conferring functions on the Council or by or under any contract. k) An interest relating to the payment of fees to Councillors (including the Mayor and

Deputy Mayor). l) An interest relating to the payment of expenses and the provision of facilities to

Councillors (including the Mayor and Deputy Mayor) in accordance with a policy under s.552 of the LG Act.

m) An interest relating to an election to the office of Mayor arising from the fact that a fee

for the following 12 months has been determined for the office of Mayor. n) An interest of a person arising from the passing for payment of a regular account for

wages or salary of an employee who is a relative of the person. o) An interest arising from being covered by, or a proposal to be covered by, indemnity

insurance as a Councillor or member of a Council Committee. p) An interest arising from appointment of a Councillor to a body as representative or

delegate of the Council, whether or not a fee or other recompense is payable to the representative or delegate.

63.2 That the number of Councillors prevented from voting would be so great a proportion of the

whole as to impede the transaction of business; or

[Section 458 of the LG Act provides that the Minister may in certain circumstances allow a Councillor or a member of a committee of a Council who has a pecuniary interest to take part in the consideration or discussion of a matter or vote on a matter, or to be present during consideration, discussion or voting. If the Minister is of the opinion:

a) that the number of Councillors prevented from voting would be so great a proportion of the whole as to impede the transaction of business; or

b) that it is in the interests of the electors for the area to do so.]

64. DISCLOSURE AND PARTICIPATION IN MEETINGS (s451 LG Act) Disclosure 64.1 A Councillor or a member of a Council Committee who has a pecuniary interest in any matter

with which the Council is concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable.


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Not Take Part 64.2 The Councillor or member must not be present at, or in sight of, the meeting of the Council or

Committee:

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

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

to the matter.

[Note: Proceedings will not be invalid just because a Councillor or Committee member does not identify a pecuniary interest at the meeting in accordance with Section 451 of the LG Act.]

65. DISCLOSURE BY ADVISER (s456 LG Act) Disclosure of Adviser 65.1 A person who, at the request or with the consent of the Council or a Council Committee, gives

advice on any matter at any meeting of the Council or Committee must disclose the nature of any pecuniary interest the person has in the matter to the meeting at the time the advice is given.

Interest as Adviser 65.2 The person is not required to disclose the person’s interest as an adviser. 66. CIRCUMSTANCES IN WHICH CLAUSES 59 AND 60 ARE NOT BREACHED (s457 LG Act) A person does not breach Clauses 64 and 65 of this Code if the person did not know and could not

reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest.

67. DISCLOSURES TO BE RECORDED (s453 LG Act)

A disclosure made at a meeting of a Council or Council Committee must be recorded in the Minutes of

the meeting.

68. GENERAL DISCLOSURE (s454 LG Act) A general notice given to the General Manager in writing by a Councillor or a member of a Council

Committee to the effect that the Councillor or member, or the Councillor’s or member’s spouse, de facto partner or relative, is:

a) A member, or in the employment, of a specified company or other body; or

b) Partner, or in the employment, of a specified person; is, unless and until the notice is withdrawn, sufficient disclosure of the Councillor’s or member’s interest

in a matter relating to the specified company, body or person that may be the subject of consideration by the Council or Council Committee after the date of the notice.

69. POWERS OF MINISTER IN RELATION TO MEETINGS (s458 LG Act) The Minister may, conditionally or unconditionally, allow a Councillor or a member of a Council

Committee who has a pecuniary interest in a matter with which the Council is concerned to be present at a meeting of the Council or Committee, to take part in the consideration or discussion of the matter and to vote on the matter if the Minister is of the opinion:

a) That the number of Councillors prevented from voting would be so great a proportion of the

whole as to impede the transaction of business; or


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b) That it is in the interests of the electors for the area to do so. 70. DISLOSURES OF PECUNIARY INTEREST WHEN DEALING WITH COUNCIL MATTERS (s459 LG

Act) 70.1 A designated person must disclose in writing to the General Manager (or if the person is the

General Manager, to the Council) the nature of any pecuniary interest the person has in any Council matter with which the person is dealing.

70.2 However, subsection (65.1) does not require a designated person who is a member of staff of

the Council to disclose such a pecuniary interest if the interest relates only to the person’s salary as such a member of staff or to his or her other conditions of employment or the like.

70.3 The General Manager must, on receiving a disclosure from a designated person, deal with the

matter to which the disclosure relates to refer it to another person to deal with. 70.4 A disclosure by the General Manager must, as soon as practicable after the disclosure is made,

be laid on the table at a meeting of the Council and the Council must deal with the matter to which the disclosure relates or refer it to another person to deal with.


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PART 6 - COUNCIL COMMITTEES 71. COMMITTEE OF COUNCIL (s373 LG Act) A Council may resolve itself into a Committee to consider any matter before the Council. 72. COMMITTEE OF THE WHOLE IN PRIVATE (Clause 259 Regulation) 72.1 All the provisions of the Regulation relating to meetings of a Council, so far as they are

applicable, extend to and govern the proceedings of the Council when in Committee of the Whole, except the provision limiting the number and duration of speeches.

72.2 The General Manager or, in the absence of the General Manager, an employee of the Council

designated by the General Manager is responsible for reporting to the Council proceedings in Committee of the Whole. It is not necessary to report the proceedings in full but any recommendations of the Committee must be reported.

72.3 The Council must ensure that a report of the proceedings (including any recommendations of

the Committee) is recorded in the Council’s Minutes. However, the Council is not taken to have adopted the report until a motion for adoption has been made and passed.

[Note: The Committee of the Whole cannot pass a Council resolution. Council needs to formally consider any recommendations made by Committee of the Whole.]

73. COUNCIL MAY ESTABLISH COMMITTEES (Clause 260 Regulation) 73.1 A Council may, by resolution, establish such Committees as it considers necessary. 73.2 A Committee is to consist of the Mayor and such other Councillors as are elected by the

Councillors or appointed by the Council. 73.3 The quorum for a meeting of a Committee is to be:

a) Such number of members as the Council decides; or b) If the Council has not decided a number, a majority of the members of the Committee.

74. FUNCTIONS OF COMMITTEES (Clause 261 Regulation) A Council must specify the functions of each of its Committees when the Committee is established, but

may from time to time amend those functions.

[Note: A regulatory function may be exercised by a Committee only if all its members are either Councillors or Council employees (s379 LG Act).

Council may delegate power to a Committee under Section 377 LG Act.]

75. NOTICE OF COMMITTEE MEETINGS TO BE GIVEN (Clause 262 Regulation) 75.1 The General Manager of a Council must send to each Councillor, at least three days before

each meeting of the Committee, a notice specifying:

a) The time and place at which and the date on which the meeting is to be held, and b) The business proposed to be transacted at the meeting.

75.2 However, notice of less than three days may be given of a Committee meeting called in an

emergency.


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76. NON-MEMBERS ENTITLED TO ATTEND COMMITTEE MEETINGS (Clause 263 Regulation) 76.1 A Councillor who is not a member of a Committee of a Council is entitled to attend, and to

speak at, a meeting of the Committee. 76.2 However, the Councillor is not entitled:

a) To give notice of business for inclusion in the Agenda for the meeting; or b) To move or second a motion at the meeting; or c) To vote at the meeting.

77. DEPARTURE FROM COMMITTEE MEETINGS Councillors are required, on proposing to retire from a Committee meeting for the remainder of that

meeting, to give prior notice of intended departure to the Chairperson (or Deputy Chairperson). 78. PROCEDURE IN COMMITTEES (Clause 265 Regulation) 78.1 Subject to Subclause (78.3), each Committee of a Council may regulate its own procedure. 78.2 Without limiting Subclause (78.1), a Committee of a Council may decide that, whenever the

voting of a motion put to a meeting of the Committee is equal, the Chairperson of the Committee is to have a casting vote as well as an original vote.

78.3 Voting at a Committee meeting is to be by open means (such as on the voices or by show of

hands). 78.4 Rescission procedures for Council Committees will be the same for Ordinary Meetings as

defined in Clause 46. 78.5 Rescission motions cannot be raised without notice in Committee meetings and brought to

Council in a Committee Report. 79. COMMITTEE TO KEEP MINUTES (Clause 266 Regulation) 79.1 Each Committee of a Council must ensure that full and accurate minutes of the proceeding of

its meetings are kept. In particular, a committee must ensure that the following matters are recorded in the committee’s minutes:

a) details of each motion moved at a meeting and of any amendments moved to it; b) the names of the mover and seconder of the motion or amendment; and c) whether the motion or amendment is passed or lost. 79.2 As soon as the minutes of an earlier committee meeting have been confirmed, the Chairman of

the committee must sign the said minutes. 80. CHAIRPERSON AND DEPUTY CHAIRPERSON OF COMMITTEES (Clause 267 Regulation)

80.1 The Chairperson of each Committee of the Council must be:

a) The Mayor; or b) If the Mayor does not wish to be the Chairperson of a Committee, a member of the

Committee elected by the Council; or c) If the Council does not elect such a member, a member of the Committee elected by

the Committee.


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80.2 A Council may elect a member of a Committee of the Council as Deputy Chairperson of the Committee. If the Council does not elect a Deputy Chairperson of such a Committee, the Committee may elect a Deputy Chairperson.

80.3 If neither the Chairperson nor the Deputy Chairperson of a Committee of a Council is able or

willing to preside at a meeting of the Committee, the Committee must elect a member of the Committee to be acting Chairperson of the Committee.

80.4 The Chairperson is to preside at a meeting of a Committee of a Council. If the Chairperson is

unable to or unwilling to preside, the Deputy Chairperson (if any) is to preside at the meeting, but if neither the Chairperson nor the Deputy Chairperson is able or willing to preside, the Acting Chairperson is to preside at the meeting.

81. ABSENCE FROM COMMITTEE MEETINGS (Clause 268 Regulation) 81.1 A member ceases to be a member of a Committee if the member (other than the Mayor):

a) Has been absent from three consecutive meetings of the Committee without having given reasons acceptable to the Committee for the member’s absences; or

b) Has been absent from at least half of the meetings of the Committee held during the

immediately preceding year without having given to the Committee acceptable reasons for the member’s absences.

81.2 Subclause (1) does not apply if all of the members of the Council are members of the

Committee.

[Note: The expression “year” means the period beginning 1 July and ending the following 30 June.]

82. REPORTS OF COMMITTEES (Clause 269 Regulation) 82.1 If in a report of a Committee of the Council distinct recommendations are made, the decision of

the Council may be made separately on each recommendation. 82.2 The recommendations of a Committee of the Council are, so far as adopted by the Council,

resolutions of the Council. 82.3 If a Committee of a Council passes a resolution, or makes a recommendation, during a

meeting, or a part of a meeting, that is closed to the public, the Chairperson must:

a) Make the resolution or recommendation public as soon as practicable after the meeting or part of the meeting has ended; and

b) Report the resolution or recommendation to the next meeting of the Council.

83. DISORDER IN COMMITTEE MEETINGS (Clause 270 Regulation) The provisions of the Act and of this Regulation relating to the maintenance of order in Council meetings

apply to meetings of Committees of the Council in the same way as they apply to meetings of the Council.

84. CERTAIN PERSONS MAY BE EXPELLED FROM COUNCIL COMMITTEE MEETINGS (Clause 271

Regulation) 84.1 If a meeting or part of a meeting of a Committee of a Council is closed to the public in

accordance with Section 10A of the LG Act, any person who is not a Councillor may be expelled from the meeting as provided by Section 10 (2) (a) or (b) of the LG Act. Clause 16 of this Code.


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84.2 If any such person, after being notified of a resolution or direction expelling him or her from the

meeting, fails to leave the place where the meeting is being held, a Police Officer, or any person authorised for the purpose by the Council, Committee or person presiding, may, by using only such force as is necessary, remove the first-mentioned person from that place and, if necessary, restrain that person from re-entering that place.


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PART 7 – PUBLIC ACCESS TO INFORMATION AND PUBLIC SUBMISSIONS TO COUNCIL 85. PUBLIC ACCESS TO CORRESPONDENCE AND REPORTS (s11 LG Act)

Reasonable Access

85.1 A Council and a Committee of which all the members are Councillors must, during or at the close of a meeting, or during the business day following the meeting, give reasonable access to any person to inspect correspondence and reports laid on the table at, or submitted to, the meeting.

Exceptions to Access

85.2 This clause does not apply if the correspondence or reports:

a) Relate to a matter that was received or discussed; or b) Were laid on the table at, or submitted to, the meeting;

when the meeting was closed to the public. Clause Does Not Apply

85.3 This clause does not apply if the Council or Committee resolves at the meeting, when open to

the public, that the correspondence or reports, because they relate to a matter specified in Clause 20.2, are to be treated as confidential.

86. INSPECTION OF THE MINUTES OF A COUNCIL OR COMMITTEE (Clause 272 Regulation) 86.1 An inspection of the Minutes of a Council or Committee of a Council is to be carried out under

the supervision of the General Manager or an employee of the Council designated by the General manager to supervise inspections of those Minutes.

86.2 The General Manager must ensure that the Minutes of the Council and any minutes of a

Committee of the Council are kept secure and in safe custody and that no unauthorised person is allowed to interfere with them.

[Note: Section 12 of the LG Act confers a right (restricted in the case of closed parts of meetings) to inspect the Minutes of a Council or Committee of a Council.]

87. PUBLIC ADDRESSES AND QUESTIONS (COMMUNITY CONSULTATION) 87.1 In the case of an Ordinary, Extraordinary or Committee meeting, Council will only permit three

speakers in support and three speakers in opposition to a recommendation contained in the Business Paper. of Council, up to five members of the public may be permitted to address the Council on a relevant topic provided that their request to speak is received prior to the Council meeting and that persons requesting to present similar views on the same topic may be invited to elect a single spokesperson. Council’s Governance Team will contact all registered speakers to determine who will address Council. In relation to a Development Application, the applicant will be reserved a position to speak. The Council may, by resolution, agree to bring forward additional addresses or questions which have been ruled by the Chairperson to be matters of urgency.

87.2 Public addresses or questions to the Council are to be limited to five minutes, unless Council

consents to an extension, and at the conclusion of the Public Addresses and Questions time, Council shall resolve to note the receipt of the addresses and questions received.

87.3 If the subject matter of a public address or question is listed on the Council Agenda for

discussion later in the meeting, the Council may further resolve to alter the order of business of the meeting and bring forward the matter for consideration at the conclusion of the address or question, in accordance with Clause 12 of this Code.


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87.4 In the case of Committee meetings, no visitor shall be entitled to address any Committee

meeting without the prior approval of the Chairperson. 87.5 Members of the public wishing to make a presentation to a Council or Committee Meeting are

required to complete a Request to Address Council/Standing Committee Meeting Application Form by 12:00pm on the day of the meeting.

[Note: Standing Committee of Council definition being Committee consisting of all Councillors.]

88. PETITIONS OR JOINT LETTERS 88.1 All petitions must be advised on and tabled at the next Ordinary meeting following receipt. If the

subject matter of a petition is tabled by a Councillor at an Ordinary meeting relates specifically to an item on the agenda for that meeting, the petition may be considered in conjunction with that item.

88.2 A petition presented to the Council must lay on the table until the next Ordinary meeting of the

Council and no motion, other than a motion to receive the petition, may be accepted by the Chairperson, unless the Council resolves to deal with it earlier as a matter of urgency.

a) Every page of a petition shall bear the wording of the whole petition or request. b) Any signature appearing on a page which does not bear the wording of the whole of

the petition or request shall not be considered by the Council. c) Every page of a petition shall be a single piece of paper and shall not be pasted,

stapled or pinned or otherwise affixed to any piece of paper other than another page of the petition.

d) A Councillor presenting a petition to Council shall state from whom it comes, the

number of signatories, and its subject matter. 88.3 Any person who fraudulently signs a petition which is presented to the Council is guilty of an

offence.

88.4 Any Councillor presenting a petition will be responsible for ensuring that:

a) He or she is familiar with the contents and purpose of the petition; and b) The petition is not derogatory or defamatory.

[Note: Care should be taken to follow the Privacy and Personal Information Protection Act 1998 (PPIPA) with respect to the use and communication of personal information contained in petitions. Personal information should not be communicated unless it is directly related to the reason why the information was collected and the Council has no reason to believe that the person concerned would object.]


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PART 8 – MISCELLANEOUS 89. RECORDING A MEETING OF COUNCIL OR COMMITTEE BY THE PRESS OR PUBLIC (Clause 273

Regulation) a) A person may use a tape recorder to record the proceedings of a meeting of a Council or a

Committee of a Council only with the authority of the Council or Committee. a) A person may only use a recording device to record the Meeting of a Council or its Committees

with permission (cl.273 of the Regulation). b) A person may, as provided by Section 10(2)(a) or (b) of the LG Act, be expelled from a meeting

of a Council or a Committee of a Council for using or having used a tape recorder recording device in contravention of this Clause.

c) If any such person, after being notified of a resolution or direction expelling him or her from the

meeting, fails to leave the place where the meeting is being held, a Police Officer, or any person authorised for the purpose by the Council or person presiding, may, by using only such force as is necessary, remove the first-mentioned person from that place and, if necessary, restrain that person from re-entering that place.

d) The Mayor and General Manager reserve the right to prevent the taking of still photographs and

audio visual recordings if in the circumstances that would be inappropriate. d) In this Clause, “tape recorder” includes a video camera and any electronic device capable of

recording speech, whether a magnetic tape is used to record or not. 90. AUDIO OR VIDEO RECORDING OF MEETINGS BY COUNCIL (Clause 273 Regulation)

a) Council will record the open Ordinary Meetings of Council to ensure the accuracy of its Minutes or for some other Council function. These recordings will be destroyed immediately upon confirmation of the meeting minutes in accordance with the State Records Act 1998 (LG NSW Disposal Schedule 13.6.2).

b) Council would need to consider section 8 of the Privacy and Personal Information Protection

Act 1998 (PPIPA) when determining whether to allow recording of the Meetings. This section states that personal information must not be collected unless it is reasonably necessary for a lawful purpose directly related to Council’s function. Further, Council would need to have regard to section 18 of PPIPA, which requires:

that personal information must not be disclosed unless it is directly related to the

reason why the information was collected; and Council has no reason to believe that the person concerned would object; or the person concerned is likely to have been aware or has been made aware (in line

with section 10 of PPIPA) that information of that kind is usually disclosed.

c) Section 10 of PPIPA also requires Council, where reasonable, to make a person aware of certain matters before their information is collected or as soon as practical after collection.

d) As with any request to access Council documents that may contain personal information,

requests for access to recordings should be treated with caution.

e) Audio recording and Live Broadcast of meetings will be in accordance with the Policy – Audio Recording and Live Broadcast of Council Meetings .


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91. CERTAIN CIRCUMSTANCES DO NOT INVALIDATE COUNCIL’S DECISION (s374 Act) Proceedings at a meeting of a Council or a Council Committee are not invalidated because of:

a) A vacancy in a civic office;

b) A failure to give notice of the meeting to any Councillor or Committee member; c) Any defect in the election or appointment of a Councillor or Committee member; d) A failure of a Councillor or a Committee member to disclose a pecuniary interest at a Council or

Committee meeting in accordance with Section 451 of the LG Act; or e) A failure to comply with this Code of Meeting Practice. 92. COUNCIL SEAL (Clause 400 Regulation) 92.1 The Seal of a Council must be kept by the Mayor or the General Manager, as the Council

determines. 92.2 The Seal of a Council may be affixed to a document only in the presence of:

a) The Mayor and the General Manager, or

b) At least one Councillor (other than the Mayor) and the General Manager; or c) The Mayor and at least one other Councillor; or d) At least two Councillors other than the Mayor.

92.3 The affixing of a Council Seal to a document has no effect unless the persons who were

present when the Seal was affixed (being person referred to in Subclause (ii)) attest by their signatures that the Seal was affixed in their presence.

92.4 The Seal of a Council must not be affixed to a document unless the document relates to the

business of the Council and the Council has resolved (by resolution specifically referring to the document) that the Seal be so affixed.

92.5 For the purposes of Subclause (iv), a document in the nature of a reference or certificate of

service for an employee of the Council does not relate to the business of the Council. 93. DISCLOSURE AND MISUSE OF INFORMATION - PRESCRIBED CIRCUMSTANCES (s664 LG Act

and Clause 412 Regulation) Section 664 (1A) of the LG Act makes it an offence to divulge details of the discussion at, or the

business of, a meeting of Council or a Committee which is closed to the public. 93.1 In particular, if part of a Council or a Committee of a Council is closed to the public in

accordance with Section 10A(1), a person must not, without the authority of the council or the committee, disclose (otherwise than to the Council or a Councillor of the Council) information with respect to the discussion at, or the business of, the meeting.

93.2 Subsection 92.1 does not apply to: a) the report of a Committee of a Council after it has been presented to the Council, or b) disclosure made in any of the circumstances referred to in subsection 90(a)-(e), or c) disclosure made in circumstances prescribed by the regulations, or d) any agenda, resolution or recommendation of a meeting that a person is entitled to

inspect in accordance with Section 12 of this Code.


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93.3 Further, a person acting in the administration or execution of the Act must not use, either directly or indirectly, information acquired by the person in that capacity, being information that is not generally known, for the purpose of gaining either directly or indirectly a financial advantage for the person, the person's spouse or de facto partner or a relative of the person.

93.4 A person acting in the administration or execution of this Act, and being in a position to do so,

must not, for the purpose of gaining either directly or indirectly an advantage for the person, the person’s spouse or de factor partner or a relative of the person, influence:

a) the determination of an application for an approval, or b) the giving of an order.

93.5 Workshops

Council can hold workshops as informal gatherings to provide useful background information. Councillors, staff and invited participants are able to attend workshops. Workshops are not to be used for detailed or advanced discussions where agreement is reached or (de factor) decisions are made.


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MEETING AGENDA General Order of Business for Council Meetings (Regulation Clause 12, Code Clause 17)

AGENDA 1. PRESENT / APOLOGIES 2. PRAYER 3. BEVEAVEMENTS 4. DECLARATION OF INTEREST 5. PRESENTATIONS 6. CONFIRMATION OF MINUTES OF PREVIOUS MEETING 7. NOTICES OF MOTION 8. MAYORAL MINUTE

OFFICER’S REPORT 9. GENERAL MANAGER’S REPORT 10. EXECUTIVE MANAGER BUSINESS SYSTEMS AND GOVERNANCE 11. DIRECTOR PLANNING AND ENVIRONMENTAL SERVICES REPORT 12. DIRECTOR INFRASTRUCTURE SERVICES REPORT

STANDING COMMITTEE REPORTS 12. PLANNING, ENVIRONMENT AND DEVELOPMENT COMMITTEE REPORT

OTHER REPORTS (included as required) 13. DELEGATES REPORT


QUESTIONS ON NOTICE

CLOSED MEETING OFFICER’S REPORT 14. GENERAL MANAGER’S REPORT TO CLOSED COUNCIL* 15. EXECUTIVE MANAGER BUSINESS SYSTEMS AND GOVERNANCE REPORT TO CLOSED COUNCIL * 16. DIRECTOR PLANNING AND ENVIRONMENTAL SERVICES REPORT TO CLOSED COUNCIL * 17. DIRECTOR INFRASTRUCTURE SERVICES REPORT TO CLOSED COUNCIL *


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The ordinary, extraordinary and committee open meetings of Council will be audio recorded for minute taking purposes.

Please note meetings held in the Council Chambers are recorded for minute taking purposes.

* Local Government Act 1993 – Definition of Closed Meeting Items

10A Which parts of a meeting can be closed to the public?

(1) A council, or a committee of the council of which all the members are councillors, may close to the public so

much of its meeting as comprises: (a) the discussion of any of the matters listed in subclause (2), or (b) the receipt or discussion of any of the information so listed.

(2) The matters and information are the following:

(a) personnel matters concerning particular individuals (other than councillors), (b) the personnel hardship of any resident or ratepayer; (c) information that would, if disclosed, confer a commercial advantage on a person with whom

the council is conducting (or proposes to conduct) business, (d) commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret,

(e) information that would, if disclosed, prejudice the maintenance of law, (f) matters affecting the security of the council, councillors, council staff or council property, (g) advice concerning litigation, or advice that would otherwise be privileged from production in legal

proceedings on the ground of legal professional privilege, (h) information concerning the nature and location of a place or an item of Aboriginal significance on

community land; (i) alleged contraventions of any code of conduct requirements applicable under section 440.

VISION

TO BE A FOCUSSED COMMUNITY VALUING GUNNEDAH’S IDENTITY AND QUALITY LIFESTYLE.

MISSION

TO PROMOTE, ENHANCE AND SUSTAIN THE QUALITY OF LIFE IN GUNNEDAH SHIRE THROUGH BALANCED ECONOMIC, ENVIRONMENTAL

AND SOCIAL MANAGEMENT IN PARTNERSHIP WITH THE PEOPLE.

ORGANISATIONAL VALUES

In partnership with the

community:

1. EQUITY 2. INTEGRITY 3. LEADERSHIP 4. OPENNESS & ACCOUNTABILITY 5. CUSTOMER SATISFACTION 6. COMMITMENT TO SAFETY 7. EFFICIENT & EFFECTIVE USE OF RESOURCES


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Audio Recordings of Council Open Meetings 1

20 Feb 2013

Policy name Audio Recording and Live Broadcast of Council Meetings

Abstract Policy is to provide for the audio recording and live broadcast of the proceedings of ordinary, extraordinary and s355 Committee open meetings of Council and ensure the recording, handling, access, storage and disposal of the information is in accordance with best practice and statutory compliant.

Dates Policy or amendment approved 20 Feb 2013 Policy or amendment takes effect 20 Feb 2013 Policy is due for review (up to 4 years) 20 Feb 2014

Endorsed by Director Community and Corporate Services Executive Manager Business Systems and Governance

Approved by Gunnedah Shire Council at its Ordinary Meeting of Council held 20 Feb 2013 Resolution number: 232

Policy Custodian Director Community and Corporate Services Executive Manager Business Systems and Governance

Relevant to Entire community Councillors and staff

Superseded Policies Resolution 32.1 of 25 Aug 2010

Related Documents Code of Meeting Practice

Related Legislation Local Government Act 1993

File Number 676852

COUNCIL POLICY


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20 Feb 2013

Contents 1. Purpose 2. Scope 3. Definitions 4. Policy Principles 5. Policy Statement 6. Accountability, Roles and Responsibilities 7. Acknowledgements 8. Version Control and Change History 1. Purpose In accordance with s375(1) of the Local Government Act 1993, and Regulations,

Councils are required to keep accurate minutes of meetings. Records must include attendance, details of motions and amendments, names of movers and seconders of the motions and amendments and the decisions or resolutions from the meeting.

The purpose of the policy is:

a. To facilitate audio recordings of Council’s Ordinary, Extraordinary and s355 Committee open meetings to assist, where necessary, in the checking and confirmation of minutes;

b. To ensure the recording, handling, access, storage and disposal of the information is in accordance with best practice and statutory compliant; and

c. To facilitate live broadcast of audio or video of Council’s Ordinary,

Extraordinary and Committee Meetings over the internet to provide greater accessibility for the public to Council proceedings.

2. Scope The Policy applies to Council as a whole, Councillors and staff in dealing with the

recording and broadcast of minutes of Ordinary, Extraordinary and Committee meetings of Council.

3. Definitions a. Audio recording – an audio recording means an audible recording made by

an electronic device such as a video recorder, cassette recorder, DAT recorder and the like and stored on compact disc, digital audio tape or other formats such as WAV, MP3 and the like.

b. Live broadcast – live transmission of audio and/or video over the internet for

public access. (Note: Content of transmission is not stored after broadcast.) c. Committee – Committee of Council where all members are Councillors.


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4. Policy Principles 4.1 Audio recordings will be made of ordinary, extraordinary and Committee

meetings of Council and will exclude matters under Section 10A of the Act in Closed Council. The main purpose of the recordings are:

Assistance in the preparation of the minutes. Ensuring decisions are accurately recorded. Cross-checking the accuracy of minutes where required prior to

confirmation. 4.2 The recordings are not to be used to produce a transcript of the proceedings

of meetings similar to Hansard – such reports would result in the excessive and unnecessary use of Council resources.

4.3 The official record of the meeting resides in the adopted minutes and not in

the audio recordings. Minutes must be confirmed at a subsequent meeting and following confirmation signed by the person presiding at that subsequent meeting.

4.4 Where feasible Council meetings will be broadcast live over the internet to

improve accessibility for the public and to enhance engagement with the community.

5. Policy Statement 5.1 To ensure compliance with the Surveillance Devices Act 2007, Workplace

Surveillance Act 2005 (computer surveillance) and the Privacy and Personal Information Protection Act 1998, advice will be provided to those who are likely to be in attendance at the recorded meetings. The wording of advice to attendees will read:

“The ordinary, extraordinary and committee open meetings of Council

will be audio recorded for minute-taking purposes and may be broadcast live over the internet”.

The advice will be provided or displayed:

a. On the meeting notice that provides the business agenda. b. On notices at the entry to the Council Chamber or place of meeting. c. By the Chairperson verbally at the commencement of each open

meeting. 5.2 Storage of audio recordings are to be stored securely by the Director

Community and Corporate Services Executive Manager Business Systems and Governance and only persons authorised by the General Manager shall have access to the recordings.


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5.3 Audio recordings will be stored for a minimum period of three months

(pursuant to State Records General Disposal Authority 10 Reference Number 13.6.3) and will be destroyed immediately upon confirmation of the meeting minutes in accordance with the State Records Act 1998 (LG NSW Disposal Schedule 13.6.2).

After three months the original recordings shall be destroyed except where a longer retention is required by subsequent amendments to provisions, policies, authorities or guidelines under the Records Act 1998 or special circumstances are deemed by the General Manager to warrant an extended period of retention. If a recording is retained beyond the three month period it shall be reviewed by the General Manager within a further three month period and as is necessary subsequently at three month intervals to determine the need to retain the recording.

5.4 The General Manager may determine to store a recording for a longer period in special circumstances at their discretion.

5.5 Access by staff will only be permitted with the approval of the General

Manager. Access must be for the purpose outlined in the Policy Principles unless special circumstances warrant access for other reasons and approval is given by the General Manager. A written request for access must be provided which must include reasons for the information and details of the recorded item/s in question.

5.6 Access by Councillors will be provided for listening to the recordings in the

presence of a Council employee approved by the General Manager during the business hours of the Council. Access can only be provided up until the time at which the subject minutes, to which the recordings relate, are confirmed by Council. A written request must be provided which must include reasons for the information and details of the recorded item/s in question.

Copies of the audio recordings will not be provided to Councillors. 5.7 Access by members of the public includes any individuals, groups or business

entities other than staff or Councillors. Audio recordings will only be made available to the public following a public interest test being undertaken prior to the release of any recordings. Council will apply a public interest test prior to the transcribed release of audio recorded proceedings. A decision to release or allow access to information contained within the audio recordings will be made following submission of the appropriate application to Council.


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5.8 Access to audio recordings by members of the public – Clause 273 of the

Local Government (General) Regulation 2005 provides that a person may use a tape recorder to record the proceedings of a meeting of Council or a Committee of a Council only with the authority of the Council or Committee. A tape recorder includes a video camera, mobile phone and any electronic device capable of recording speech, whether a magnetic tape is used to record or not. In order to protect individual privacy, and prevent breaches of the Privacy and Personal Information Protection Act 1998, Council will consider each request to record all or part of a Council or Committee meeting on its merits. The onus will be on the person making the request to justify the benefit of recording the meeting over and above that offered by minutes.

5.9 Transcription Fee – a fee of $3.75 per minute will be charged to members of

the public who request a transcript of any part of the audio recorded Council meeting proceedings.

5.10 Council will endeavor to provide a live broadcast of audio and or video via the

internet from Council Ordinary, Extraordinary and Committee meetings unless a motion is passed either at the beginning or at any time during the meeting to cease the live broadcast.

5.11 Live broadcasting shall cease during the sections of a meeting that are closed

or considered to be confidential under Section 10a of the Act. 5.12 The quality of live broadcasts of Council meetings are limited to the capability

of existing technology and are supplied on a best effort basis without any post editing or guarantee of quality.

6. Accountability, Roles and Responsibilities 6.1 Policy Custodian Executive Manager Business Systems and Governance 6.2 Authority No authority to depart from this policy is granted to any person. All actions

and decisions must be in accordance with this policy and all policies relating to the provision of audio recording of ordinary, extraordinary and committee meetings of Council. The application of this policy can only be varied by Council.

7. Acknowledgements No acknowledgements.


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8. Version Control and Change History

Date Version Approved by and Resolution No

Amendment

25 Aug 2010 2 Council Resolution 32.1

20 Feb 2013

20 Feb 2013 3 Council Resolution 232 20 Feb 2013 21 Oct 2015 4 Council Resolution TBA 21 Oct 2015


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Policy Managing Unreasonable

Complainant Conduct

Adopted 21 October 2015 – Minute No _____

Gunnedah Shire Council 63 Elgin St, PO Box 63 GUNNEDAH NSW 2380

Administration Tel: (02) 6740 2100. Fax: (02) 6740 2119 E-mail: [email protected]



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GUNNEDAH SHIRE COUNCIL POLICY – MANAGING UNREASONABLE COMPLAINANT CONDUCT

Page 1

1. INTRODUCTION

1.1 Statement of support Gunnedah Shire Council is committed to being accessible and responsive to all complainants who approach our office for assistance and/or with a complaint. At the same time the success of our office depends on:

• our ability to do our work and perform our functions in the most effective and efficient ways possible • the health, safety and security of our staff, and • our ability to allocate our resources fairly across all the complaints we receive.

When complainants behave unreasonably in their dealings with us, their conduct can significantly affect our success. As a result, Gunnedah Shire Council will take proactive and decisive action to manage any complainant conduct that negatively and unreasonably affects us and will support our staff to do the same in accordance with this policy.

I authorise and expect all Gunnedah Shire Council staff to implement the strategies provided in this policy.

Eric Groth GENERAL MANAGER

2. OBJECTIVES

2.1 Policy aims This policy has been developed to assist all staff members to better manage unreasonable complainant conduct (‘UCC’). Its aim is to ensure that all staff:

• Feel confident and supported in taking action to manage UCC. • Act fairly, consistently, honestly and appropriately when responding to UCC. • Are aware of their roles and responsibilities in relation to the management of UCC and how this policy will

be used. • Understand the types of circumstances when it may be appropriate to manage UCC using one or more of

the following mechanisms:

- The strategies provided in the Managing Unreasonable Complainant Conduct Practice Manual (2nd edition) (‘practice manual’) including the strategies to change or restrict a complainant’s access to our services.

- Alternative dispute resolution strategies to deal with conflicts involving complainants and members of our organisation.

- Legal instruments such as trespass laws/legislation to prevent a complainant from coming onto our premises and orders to protect specific staff members from any actual or apprehended personal violence, intimidation or stalking.

• Have a clear understanding of the criteria that will be considered before we decide to change or restrict a complainant’s access to our services.

• Are aware of the processes that will be followed to record and report UCC incidents as well as the procedures for consulting and notifying complainants about any proposed actions or decisions to change or restrict their access to our services.


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• Are familiar with the procedures for reviewing decisions made under this policy, including specific

timeframes for review.

3. DEFINING UNREASONABLE COMPLAINANT CONDUCT

3.1 Unreasonable complainant conduct Most complainants who come to our office act reasonably and responsibly in their interactions with us, even when they are experiencing high levels of distress, frustration and anger about their complaint. However in a very small number of cases some complainants behave in ways that are inappropriate and unacceptable – despite our best efforts to help them. They are aggressive and verbally abusive towards our staff. They threaten harm and violence, bombard our offices with unnecessary and excessive phone calls and emails, make inappropriate demands on our time and our resources and refuse to accept our decisions and recommendations in relation to their complaints. When complainants behave in these ways we consider their conduct to be ‘unreasonable’.

Unreasonable complainant conduct (‘UCC’) is any behaviour by a current or former complainant which, because of its nature or frequency raises substantial health, safety, resource or equity issues for our organisation, our staff, other service users and complainants or the complainant himself/herself.

UCC can be divided into five categories of conduct:

• Unreasonable persistence • Unreasonable demands • Unreasonable lack of cooperation • Unreasonable arguments • Unreasonable behaviours

3.2 Unreasonable persistence Unreasonable persistence is continued, incessant and unrelenting conduct by a complainant that has a disproportionate and unreasonable impact on our organisation, staff, services, time and/or resources. Some examples of unreasonably persistent behaviour include:

• An unwillingness or inability to accept reasonable and logical explanations including final decisions that have been comprehensively considered and dealt with.

• Persistently demanding a review simply because it is available and without arguing or presenting a case for one.

• Pursuing and exhausting all available review options when it is not warranted and refusing to accept further action cannot or will not be taken on their complaints.

• Reframing a complaint in an effort to get it taken up again. • Bombarding our staff/organisation with phone calls, visits, letters, emails (including cc’d correspondence)

after repeatedly being asked not to do so. • Contacting different people within our organisation and/or externally to get a different outcome or more

sympathetic response to their complaint – internal and external forum shopping.

For more examples of unreasonable persistence see pages 39 – 43 of the practice manual.

3.3 Unreasonable demands Unreasonable demands are any demands (express or implied) that are made by a complainant that have a disproportionate and unreasonable impact on our organisation, staff, services, time and/or resources. Some examples of unreasonable demands include:

• Issuing instructions and making demands about how we have/should handle their complaint, the priority it was/should be given, or the outcome that was/should be achieved.


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• Insisting on talking to a senior manager or the General Manager personally when it is not appropriate or

warranted. • Emotional blackmail and manipulation with the intention to guilt trip, intimidate, harass, shame, seduce or

portray themselves as being victimised – when this is not the case. • Insisting on outcomes that are not possible or appropriate in the circumstances – eg for someone to be

sacked or prosecuted, an apology and/or compensation when no reasonable basis for expecting this. • Demanding services that are of a nature or scale that we cannot provide when this has been explained to

them repeatedly.

For more examples of unreasonable demands see pages 50 – 54 of the practice manual.

3.4 Unreasonable lack of cooperation Unreasonable lack of cooperation is an unwillingness and/or inability by a complainant to cooperate with our organisation, staff, or complaints system and processes that results in a disproportionate and unreasonable use of our services, time and/or resources. Some examples of unreasonable lack of cooperation include:

• Sending a constant stream of comprehensive and/or disorganised information without clearly defining any issues of complaint or explaining how they relate to the core issues being complained about – only where the complainant is clearly capable of doing this.

• Providing little or no detail with a complaint or presenting information in ‘dribs and drabs’. • Refusing to follow or accept our instructions, suggestions, or advice without a clear or justifiable reason

for doing so. • Arguing frequently and/or with extreme intensity that a particular solution is the correct one in the face of

valid contrary arguments and explanations. • Displaying unhelpful behaviour – such as withholding information, acting dishonestly, misquoting others,

and so forth.

For more examples of unreasonable lack of cooperation see pages 64 – 65 of the practice manual.

3.5 Unreasonable arguments Unreasonable arguments include any arguments that are not based in reason or logic, that are incomprehensible, false or inflammatory, trivial or delirious and that disproportionately and unreasonably impact upon our organisation, staff, services, time, and/or resources. Arguments are unreasonable when they:

• fail to follow a logical sequence • are not supported by any evidence and/or are based on conspiracy theories • lead a complainant to reject all other valid and contrary arguments • are trivial when compared to the amount of time, resources and attention that the complainant demands • are false, inflammatory or defamatory.

For more examples of unreasonable arguments see pages 69 – 71 of the practice manual.

3.6 Unreasonable behaviour Unreasonable behaviour is conduct that is unreasonable in all circumstances – regardless of how stressed, angry or frustrated that a complainant is – because it unreasonably compromises the health, safety and security of our staff, other service users or the complainant himself/herself. Some examples of unreasonable behaviours include:

• Acts of aggression, verbal abuse, derogatory, racist, or grossly defamatory remarks • Harassment, intimidation or physical violence. • Rude, confronting and threatening correspondence. • Threats of harm to self or third parties, threats with a weapon or threats to damage property including

bomb threats. • Stalking (in person or online). • Emotional manipulation.


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For more examples of unreasonable persistence see pages 77 – 85 of the practice manual.

All staff should note that Gunnedah Shire Council has a zero tolerance policy towards any harm, abuse or threats directed towards them. Any conduct of this kind will be dealt with under this policy, and in accordance with our duty of care and occupational health and safety responsibilities.

4. ROLES AND RESPONSIBILITIES

4.1 All staff All staff are responsible for familiarising themselves with this policy as well as the Individual Rights and Mutual Responsibilities of the Parties to a Complaint in Appendix A. Staff are also encouraged to explain the contents of this document to all complainants particularly those who engage in UCC or exhibit the early warning signs for UCC. See pages 16 - 18 of the practice manual.

Staff are also encouraged and authorised to use the strategies and scripts provided in Part 5 of the practice manual to manage UCC, in particular:

• Strategies and script ideas for managing unreasonable persistence: pages 39 – 48. • Strategies and script ideas for managing unreasonable demands: pages 50 – 63. • Strategies and script ideas for managing unreasonable lack of cooperation: pages 64 – 68. • Strategies and script ideas for managing unreasonable arguments: 69 – 76. • Strategies and script ideas for managing unreasonable behaviours: pages 77 – 88.

However, it must be emphasised that any strategies that effectively change or restrict a complainant’s access to our services must be considered at the General Manager or higher as provided in this policy.

Staff are also responsible for recording and reporting all UCC incidents they experience or witness (as appropriate) to the General Manager within 24 hours of the incident occurring, using the Sample UCC incident form in Appendix B. A file note of the incident should also be copied into Council’s electronic records management system.

4.2 The General Manager The General Manager, in consultation with relevant staff, has the responsibility and authority to change or restrict a complainant’s access to our services in the circumstances identified in this policy. When doing so they will take into account the criteria in Part 7.2 below (adapted into a checklist in Appendix C) and will aim to impose any service changes/restrictions in the least restrictive ways possible. Their aim, when taking such actions will not be to punish the complainant, but rather to manage the impacts of their conduct.

When applying this policy the General Manager will also aim to keep at least one open line of communication with a complainant. However, we do recognise that in extreme situations all forms of contact may need to be restricted for some time to ensure the health and safety and security of our staff and/or third parties.

The General Manager is also responsible for recording, monitoring and reviewing all cases where this policy is applied to ensure consistency, transparency and accountability for the application of this policy. They will also manage and keep a file record of all cases where this policy is applied.

4.3 Senior managers All senior managers are responsible for supporting staff to apply the strategies in this policy, as well as those in the practice manual. Senior managers are also responsible for ensuring compliance with the procedures identified in this policy and ensuring that all staff members are trained to deal with UCC – including on induction.


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Following a UCC and/or stressful interaction with a complainant senior managers are responsible for providing affected staff members with the opportunity to debrief and vent their concerns either formally or informally. Senior managers will also ensure that staff are provided with proper support and assistance including medical and/or police assistance and support through programs such as Employee Assistance Program (EAPS), if necessary.

Depending on the circumstances senior managers may also be responsible for arranging other forms of support for staff which are detailed in Part 12 of this policy.

4.4 Delegations The General Manager may delegate their roles and responsibilities to a senior manager using an appropriate instrument of delegation.

5. RESPONDING TO AND MANAGING UCC

5.1 Changing or restricting a complainant’s access to our services UCC incidents will generally be managed by limiting or adapting the ways that we interact with and/or deliver services to complainants by restricting:

• Who they have contact with – eg limiting a complainant to a sole contact person/staff member in our organisation.

• What they can raise with us – eg restricting the subject matter of communications that we will consider and respond to.

• When they can have contact – eg limiting a complainant’s contact with our organisation to a particular time, day, or length of time, or curbing the frequency of their contact with us.

• Where they can make contact – eg limiting the locations where we will conduct face-to-face interviews to secured facilities or areas of the office.

• How they can make contact – eg limiting or modifying the forms of contact that the complainant can have with us. This can include modifying or limiting face-to-face interviews, telephone and written communications, prohibiting access to our premises, contact through a representative only, taking no further action or terminating our services altogether.

When using the restrictions provided in this section we recognise that discretion will need to be used to adapt them to suit a complainant’s personal circumstances, level of competency, literacy skills, etc. In this regard, we also recognise that more than one strategy may need to be used in individual cases to ensure their appropriateness and efficacy.

5.2 Who – limiting the complainant to a sole contact point Where a complainant tries to forum shop internally within our organisation, changes their issues of complaint repeatedly, reframes their complaint, or raises an excessive number of complaints it may be appropriate to restrict their access to a single staff member (a sole contact point) who will exclusively manage their complaint(s) and interactions with our office. This may ensure they are dealt with consistently and may minimise the chances for misunderstandings, contradictions and manipulation.

To avoid staff ‘burn out’ the sole contact officer’s supervisor will provide them with regular support and guidance – as needed. Also, the General Manager will review the arrangement every six months to ensure that the officer is managing/coping with the arrangement.

Complainants who are restricted to a sole contact person will however be given the contact details of one additional staff member who they can contact if their primary contact is unavailable – eg they go on leave or are otherwise unavailable for an extended period of time.


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5.3 What – restricting the subject matter of communications that we will consider Where complainants repeatedly send written communications, letters, emails, or online forms that raise trivial or insignificant issues, contain inappropriate or abusive content or relate to a complaint/issue that has already been comprehensively considered and/or reviewed (at least once) by our office, we may restrict the issues/subject matter the complainant can raise with us/we will respond to. For example, we may:

• Refuse to respond to correspondence that raises an issue that has already been dealt with comprehensively, that raises a trivial issue, or is not supported by clear/any evidence. The complainant will be advised that future correspondence of this kind will be read and filed without acknowledgement unless we decide that we need to pursue it further in which case, we may do so on our ‘own motion’.

• Restrict the complainant to one complaint/issue per month. Any attempts to circumvent this restriction, for example by raising multiple complaints/issues in the one complaint letter may result in modifications or further restrictions being placed on their access.

• Return correspondence to the complainant and require them to remove any inappropriate content before we will agree to consider its contents. A copy of the inappropriate correspondence will also be made and kept for our records to identify repeat/further UCC incidents.

5.4 When – limiting when and how a complainant can contact us If a complainant’s telephone, written or face-to-face contact with our organisation places an unreasonable demand on our time or resources because it is overly lengthy (eg disorganised and voluminous correspondence) or affects the health safety and security of our staff because it involves behaviour that is persistently rude, threatening, abusive or aggressive, we may limit when and/or how the complainant can interact with us. This may include:

• Limiting their telephone calls or face-to-face interviews to a particular time of the day or days of the week. • Limiting the length or duration of telephone calls, written correspondence or face-to-face interviews. For

example:

- Telephone calls may be limited to ten (10) minutes at a time and will be politely terminated at the end of that time period.

- Lengthy written communications may be restricted to a maximum of two (2) typed or written pages, single sided, font size 12 or it will be sent back to the complainant to be organised and summarised – This option is only appropriate in cases where the complainant is capable of summarising the information and refuses to do so.

- Limiting face-to-face interviews to a maximum of 45 minutes.

• Limiting the frequency of their telephone calls, written correspondence or face-to-face interviews. Depending on the natures of the service(s) provided we may limit:

- Telephone calls to one (1) every month. - Written communications to one (1) every month. - Face-to-face interviews to one (1) every month.

For irrelevant, overly lengthy, disorganised or frequent written correspondence we may also:

• Require the complainant to clearly identify how the information or supporting materials they have sent to us relate to the central issues that we have identified in their complaint.

• Restrict the frequency with which complainants can send emails or other written communications to our office. • Restrict a complainant to sending emails to a particular email account (eg the organisation’s main email

account) or block their email access altogether and require that any further correspondence be sent through Australia Post only.

Writing only restrictions

When a complainant is restricted to ‘writing only’ they may be restricted to written communications through:

• Australia Post only


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• Email only to a specific staff email or our general office email account • Fax only to a specific fax number • Some other relevant form of written contact, where applicable.

If a complainant’s contact is restricted to ‘writing only’, the General Manager will clearly identify the specific means that the complainant can use to contact our office (eg Australia Post only). Also if it is not suitable for a complainant to enter our premises to hand deliver their written communication, this must be communicated to them as well.

Any communisations that are received by our office in a manner that contravenes a ‘write only’ restriction will either be returned to the complainant or read and filed without acknowledgement.

5.5 Where – limiting face-to-face interviews to secure areas If a complainant is violent or overtly aggressive, unreasonably disruptive, threatening or demanding or makes frequent unannounced visits to our premises, we may consider restricting our face-to-face contact with them.

These restrictions may include:

• Restricting access to particular secured premises or areas of the office – such as the reception area or secured room/facility.

• Restricting their ability to attend our premises to specified times of the day and/or days of the week only – for example, when additional security is available or to times/days that are less busy.

• Allowing them to attend our office on an ‘appointment only’ basis and only with specified staff. Note – during these meetings staff should always seek support and assistance of a colleague for added safety and security.

• Banning the complainant from attending our premises altogether and allowing some other form of contact – eg ‘writing only’ or ‘telephone only’ contact.

Contact through a representative only

In cases where we cannot completely restrict our contact with a complainant and their conduct is particularly difficult to manage, we may also restrict their contact to contact through a support person or representative only. The support person may be nominated by the complainant but must be approved by the General Manager.

When assessing a representative/support persons suitability, the General Manager should consider factors like: the nominated representative/support person’s competency and literacy skills, demeanour/behaviour and relationship with the complainant. If the General Manager determines that the representative/support person may exacerbate the situation with the complainant the complainant will be asked to nominate another person or we may assist them in this regard.

5.6 Completely terminating a complainant’s access to our services In rare cases, and as a last resort when all other strategies have been considered and/or attempted, the General Manager may decide that it is necessary for our organisation to completely restrict a complainant’s contact/access to our services.

A decision to have no further contact with a complainant will only be made if it appears that the complainant is unlikely to modify their conduct and/or their conduct poses a significant risk for our staff or other parties because it involves one or more of the following types of conduct:

• Acts of aggression, verbal and/or physical abuse, threats of harm, harassment, intimidation, stalking, assault.

• Damage to property while on our premises. • Threats with a weapon or common office items that can be used to harm another person or themselves. • Physically preventing a staff member from moving around freely either within their office or during an off-

site visit – eg entrapping them in their home. • Conduct that is otherwise unlawful.


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In these cases the complainant will be sent a letter notifying them that their access has been restricted as outlined in Part 7.4 below.

A complainant’s access to our services and our premises may also be restricted (directly or indirectly) using the legal mechanisms such as trespass laws/legislation or legal orders to protect members of our staff from personal violence, intimidation or stalking by a complainant. For more information, about the types of circumstances where legal mechanisms may be used to deal with UCC, please see:

• Unauthorised entry onto agency premises – applying the provisions of the Inclosed Lands Protection Act 1901 (NSW)

• Orders to address violence, threats, intimidation and / or stalking by complainants.

6. ALTERNATIVE DISPUTE RESOLUTION

6.1 Using alternative dispute resolution strategies to manage conflicts with complainants

If the General Manager and the Executive Manager Business Systems and Governance determine that we cannot terminate our services to a complainant in a particular case or that we/our staff bear some responsibility for causing or exacerbating their conduct, they may consider using alternative dispute resolution strategies (‘ADR’) such as mediation and conciliation to resolve the conflict with the complainant and attempt to rebuild our relationship with them. If ADR is considered to be an appropriate option in a particular case, the ADR will be conducted by an independent third party to ensure transparency and impartiality.

However, we recognise that in UCC situations, ADR may not be an appropriate or effective strategy particularly if the complainant is uncooperative or resistant to compromise. Therefore, each case will be assessed on its own facts to determine the appropriateness of this approach.

7. PROCEDURE TO BE FOLLOWED WHEN CHANGING OR RESTRICTING A COMPLAINANT’S ACCESS TO OUR SERVICES

7.1 Consulting with relevant staff When the General Manager receives a UCC incident form from a staff member they will contact the staff member to discuss the incident. They will discuss:

• The circumstances that gave rise to the UCC/incident. • The impact of the complainant’s conduct on our organisation, relevant staff, our time, resources, etc. • The complainant’s responsiveness to the staff member’s warnings/requests to stop the behaviour. • The actions the staff member has taken to manage the complainant’s conduct, if any. • The suggestions made by relevant staff on ways that the situation could be managed.

7.2 Criteria to be considered Following a consultation with relevant staff the General Manager will search the electronic records management system for information about the complainant’s prior conduct and history with our organisation. They will also will consider the following criteria:

• Whether the conduct in question involved overt anger, aggression, violence or assault (which is unacceptable in all circumstances).

• Whether the complainant’s case has merit. • The likelihood that the complainant will modify their unreasonable conduct if they are given a formal

warning about their conduct. • Whether changing or restricting access to our services will be effective in managing the complainant’s

behaviour.


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• Whether changing or restricting access to our services will affect the complainant’s ability to meet their

obligations, such as reporting obligations. • Whether changing or restricting access to our services will have an undue impact on the complainant’s

welfare, livelihood or dependents etc. • Whether the complainant’s personal circumstances have contributed to the behaviour? For example, the

complainant is a vulnerable person who is under significant stress as a result of one or more of the following:

- homelessness - physical disability - illiteracy or other language or communication barrier - mental or other illness - personal crises - substance or alcohol abuse.

• Whether the complainant’s response/ conduct in the circumstances was moderately disproportionate, grossly disproportionate or not at all disproportionate.

• Whether there any statutory provisions that would limit the types of limitations that can be put on the complainant’s contact/access to our services.

Once the General Manager has considered these factors they will decide on the appropriate course of action. They may suggest formal or informal options for dealing with the complainant’s conduct which may include one or more of the strategies provided in the practice manual and this policy.

See Appendix C – Sample checklist for General Manager to consider when deciding to modify or restrict a complainant's access.

7.3 Providing a warning letter Unless a complainant’s conduct poses a substantial risk to the health and safety of staff or other third parties, the General Manager will provide them with a written warning about their conduct in the first instance.

The warning letter will:

• Specify the date, time and location of the UCC incident. • Explain why the complainant’s conduct/ UCC incident is problematic. • List the types of access changes and/or restrictions that may be imposed if the behaviour continues.

(Note: not every possible restriction should be listed only those that are most relevant). • Provide clear and full reasons for the warning being given • Include an attachment of the organisation's ground rules and / or briefly state the standard of behaviour

that is expected of the complainant. See Appendix A. • Provide the name and contact details of the staff member who they can contact about the letter. • Be signed by the General Manager or Executive Manager Business Systems and Governance. See Appendix D – Sample warning letter.

7.4 Providing a notification letter If a complainant’s conduct continues after they have been given a written warning or in extreme cases of overt aggression, violence, assault or other unlawful/unacceptable conduct the General Manager has the discretion to send a notification letter immediately restricting the complainant’s access to our services (without prior written warning).

This notification letter will:

• Specify the date, time and location of the UCC incident(s). • Explain why the complainant’s conduct/UCC incident(s) is problematic.


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• Identify the change and/or restriction that will be imposed and what it means for the complainant. • Provide clear and full reasons for this restriction. • Specify the duration of the change or restriction imposed, which will not exceed 12 months. • Indicate a time period for review. • Provide the name and contact details of the senior officer who they can contact about the letter and/or

request a review of the decision. • Be signed by the General Manager. • See Appendix E – Sample letter notifying complainants of a decision to change or restrict their access to

our services.

7.5 Notifying relevant staff about access changes/restrictions The General Manager will notify relevant staff about any decisions to change or restrict a complainant’s access to our services, in particular reception and security staff in cases where a complainant is prohibited from entering our premises.

The General Manager will also update the electronic records management system with a record outlining the nature of the restrictions imposed and their duration.

7.6 Continued monitoring/oversight responsibilities Once a complainant has been issued with a warning letter or notification letter the General Manager will review the complainant’s record/restriction at least every six (6) months, on request by a staff member, or following any further incidents of UCC that involve the particular complainant to ensure that they are complying with the restrictions/the arrangement is working.

If the General Manager determines that the restrictions have been ineffective in managing the complainant’s conduct or are otherwise inappropriate they may decide to either modify the restrictions, impose further restrictions or terminate the complainant’s access to our services altogether.

8. APPEALING A DECISION TO CHANGE OR RESTRICT ACCESS TO OUR SERVICES

8.1 Right of appeal Complainants are entitled to one appeal of a decision to change/restrict their access to our services. This review will be undertaken by a senior staff member who was not involved in the original decision to change or restrict the complainant’s access. This staff member will consider the complainant’s arguments along with all relevant records regarding the complainant’s past conduct. They will advise the complainant of the outcome of their appeal by letter which must be signed off by the General Manager. The staff member will then refer any materials/records relating to the appeal to the General Manager to be kept in the appropriate file.

If a complainant continues to be dissatisfied after the appeal process, they may seek an external review from an oversight agency such as the Ombudsman. The Ombudsman may accept the review (in accordance with its administrative jurisdiction) to ensure that we have acted fairly, reasonably and consistently and have observed the principles of good administrative practice including, procedural fairness.


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9. NON-COMPLIANCE WITH A CHANGE OR RESTRICTION ON ACCESS TO OUR SERVICES

9.1 Recording and reporting incidents of non-compliance

All staff members are responsible for recording and reporting incidents of non-compliance by complainants. This should be recorded in a file note in Council’s electronic records management system and a copy forwarded to the General Manager who will decide whether any action needs to be taken to modify or further restrict the complainant’s access to our services.

10. PERIODIC REVIEWS OF ALL CASES WHERE THIS POLICY IS APPLIED

10.1 Period for review All UCC cases where this policy is applied will be reviewed every 3 months or 6 months (depending on the nature of the service provided) and not more than 12 months after the service change or restriction was initially imposed or continued/upheld.

10.2 Notifying the complainant of an upcoming review The General Manager will invite all complainants to participate in the review process unless they determine that this invitation will provoke a negative response from the complainant (ie further UCC). The invitation will be given and the review will be conducted in accordance with the complainant’s access restrictions (eg if contact has been restricted to writing only then the invitation to participate will be done in writing).

See Appendix F – Sample letter notifying a complainant of an upcoming review.

10.3 Criteria to be considered during a review When conducting a review the General Manager will consider:

• Whether the complainant has had any contact with the organisation during the restriction period. • The complainant’s conduct during the restriction period. • Any information/arguments put forward by the complainant for review. • Any other information that may be relevant in the circumstances.

The General Manager may also consult any staff members who have had contact with the complainant during the restriction period.

Note – Sometimes a complainant may not have a reason to contact our office during their restriction period. As a result, a review decision that is based primarily on the fact that the complainant has not contacted our organisation during their restriction period (apparent compliance with our restriction) may not be an accurate representation of their level of compliance/reformed behaviour. This should be taken into consideration, in relevant situations.

See Appendix G – Sample checklist for reviewing an access change/restriction.

10.4 Notifying a complainant of the outcome of a review The General Manager will notify the complainant of the outcome of their review using the appropriate/relevant method of communication as well as a written letter explaining the outcome, as applicable. The review letter will:

• Briefly explain the review process. • Identify the factors that have been taken into account during the review. • Explain the decision/outcome of the review and the reasons for it.


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If the outcome of the review is to maintain or modify the restriction the review letter will also:

• Indicate the nature of the new or continued restriction. • State the duration of the new restriction period. • Provide the name and contact details of the General Manager who the complainant can contact to discuss

the letter. • Be signed by the General Manager.

See Appendix H – Sample letter advising the complainant of the outcome of a review.

10.5 Recording the outcome of a review and notifying relevant staff Like all other decisions made under this policy, the General Manager is responsible for keeping a record of the outcome of the review, updating Council’s electronic records management system and notifying all relevant staff of the outcome of the review including if the restriction has been withdrawn.

See Parts 4.2 and 7.5 above.

11 MANAGING STAFF STRESS

11.1 Staff reactions to stressful situations Dealing with complainants who are demanding, abusive, aggressive or violent can be extremely stressful and at times distressing or even frightening for all our staff – both experienced and inexperienced. It is perfectly normal to get upset or experience stress when dealing with difficult situations.

As an organisation, we have a responsibility to support staff members who experience stress as a result of situations arising at work and we will do our best to provide staff with debriefing and counselling opportunities, when needed. However, to do this we also need help of all Gunnedah Shire Council staff to identify stressful incidents and situations. As a result, all staff have a responsibility to notify relevant supervisors/senior managers of UCC incidents and any stressful incidents that they believe require management involvement.

11.2 Debriefing Debriefing means talking things through following a difficult or stressful incident. It is an important way of ‘off-loading’ or dealing with stress. Many staff members naturally do this with colleagues after a difficult telephone call, but debriefing can also be done with a supervisor or senior manager or as a team following a significant incident. We encourage all staff to engage in an appropriate level of debriefing, when necessary.

Staff may also access an external professional service on a needs basis. All staff can access the Employee Assistance Program – a free, confidential counselling service. To make an appointment call: 1300 366 789. For traumatic incident or crisis counselling, call 1800 451 138. Brochures about this service are available from Human Resources..

12 OTHER REMEDIES

12.1 Compensation for injury Any staff member who suffers injury as a result of aggressive behaviour from complainants is entitled to make a workers’ compensation claim. Human Resources will assist wherever possible in processing claims. If you are the victim of an assault, they may also be able to apply to the Victim’s Compensation Tribunal for compensation.


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12.2 Compensation for damage to clothing or personal affects Where damage is suffered to clothing or personal effects as a result of aggression by a complainant, compensation may be sought. Refer to the Policy – Loss of Personal Property.

12.3 Legal assistance If a staff member is physically attacked, or is a victim of employment generated harassment and the police do not lay charges, the General Manager will consider providing reasonable legal assistance if the staff members wishes to take civil action.

12.4 Threats outside the office or outside working hours Where threats are directed at a particular staff member and it appears those threats may be carried out outside normal working hours or outside the office, the staff member will receive the support of the office. Requests for such assistance should be made to the General Manager.

12.5 Escorts home When a staff member fears for their safety following a threat from a complainant, another staff member may accompany them home or the office can meet the cost of the staff member going home in a taxi. Ask the General Manager for more information.

12.6 Telephone threats on home numbers If a staff member or their family have been harassed by telephone at their home and they believe it is connected with their employment they may apply to have the office meet the cost of having their telephone number changed and/or made silent. The staff member should also contact their telephone carrier, as they may provide an interception/monitoring service.

If assistance is approved, the office will meet the cost incurred for a period up to 12 months. Once approval is given, the staff member is responsible for making the necessary arrangements and will be reimbursed after producing a paid account.

Applications for reimbursement must be approved by the General Manager.

12.7 Other security measures If other security measures are necessary, the office will give consideration to providing all reasonable support to ensure the safety and welfare of the staff member.

13. TRAINING AND AWARENESS Gunnedah Shire Council is committed to ensuring that all staff are aware of and know how to use this policy. All staff who deal with complainants in the course of their work will also receive appropriate training and information on using this policy and on managing UCC on a regular basis in particular, on induction.

14. OMBUDSMAN MAY REQUEST COPIES OF OUR RECORDS Gunnedah Shire Council will keep records of all cases where this policy is applied, including a record of the total number of cases where it is used every year. This data may be requested by the Ombudsman to conduct an overall audit and review in accordance with its administrative functions and/or to inform its work on UCC.

15. POLICY REVIEW All staff are responsible for forwarding any suggestions they have in relation to this policy to the General Manager, who along with relevant senior managers will review it every four (4) years.


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16. SUPPORTING DOCUMENTS AND POLICIES

16.1 Statement of compliance This policy is compliant with and supported by the following documents:

• Gunnedah Shire Council Work Health and Safety Policy • Gunnedah Shire Council Complaint Handling Policy and Procedures • Managing unreasonable complainant conduct practice manual (2nd edition) • Unauthorised entry onto agency premises – applying the provisions of the Inclosed Lands Protection Act

1901 (NSW). • Orders to address violence, threats, intimidation and / or stalking by complainants.


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Appendix A Individual Rights and Mutual Responsibilities of the Parties to a Complaint In order for Gunnedah Shire Council to ensure that all complaints are dealt with fairly, efficiently and effectively and that work health and safety standards and duty of care obligations are adhered to, the following rights and responsibilities must be observed and respected by all of the parties to the complaint process.

Individual rights1

Complainants have the right:

• to make a complaint and to express their opinions in ways that are reasonable, lawful and appropriate2 • to a reasonable explanation of the organisation’s complaints procedure, including details of the

confidentiality, secrecy and/or privacy rights or obligations that may apply • to a fair and impartial assessment and, where appropriate, investigation of their complaint based on the

merits of the case3 • to a fair hearing4 • to a timely response • to be informed in at least general terms about the actions taken and outcome of their complaint5 • to be given reasons that explain decisions affecting them • to at least one right of review of the decision on the complaint6 • to be treated with courtesy and respect • to communicate valid concerns and views without fear of reprisal or other unreasonable response.7

Staff have the right:

• to determine whether, and if so how, a complaint will be dealt with • to finalise matters on the basis of outcomes they consider to be satisfactory in the circumstances8 • to expect honesty, cooperation and reasonable assistance from complainants • to expect honesty, cooperation and reasonable assistance from organisations and people within

jurisdiction who are the subject of a complaint • to be treated with courtesy and respect • to a safe and healthy working environment9 • to modify, curtail or decline service (if appropriate) in response to unacceptable behaviour by a

complainant.10

Subjects of a complaint have the right:

• to a fair and impartial assessment and, where appropriate, investigation of the allegations made against them

• to be treated with courtesy and respect by staff of the Gunnedah Shire Council • to be informed (at an appropriate time) about the substance of the allegations made against them that

are being investigated11 • to be informed about the substance of any proposed adverse comment or decision • to be given a reasonable opportunity to put their case during the course of any investigation and before

any final decision is made12 • to be told the outcome of any investigation into allegations about their conduct, including the reasons for

any decision or recommendation that may be detrimental to them • to be protected from harassment by disgruntled complainants acting unreasonably.


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Mutual responsibilities

Complainants are responsible for:

• treating staff of the Gunnedah Shire Council with courtesy and respect • clearly identifying to the best of their ability the issues of complaint, or asking for help from the staff of

the Gunnedah Shire Council to assist them in doing so • providing to the best of their ability the Gunnedah Shire Council with all the relevant information available

to them at the time of making the complaint • being honest in all communications with the Gunnedah Shire Council. • informing the Gunnedah Shire Council of any other action they have taken in relation to their complaint13 • cooperating with the staff who are assigned to assess/ investigate/resolve/determine or otherwise deal

with their complaint.

If complainants do not meet their responsibilities, Gunnedah Shire Council may consider placing limitations or conditions on their ability to communicate with staff or access certain services.

Gunnedah Shire Council has a zero tolerance policy in relation to any harm, abuse or threats directed towards its staff. Any conduct of this kind may result in a refusal to take any further action on a complaint or to have further dealings with the complainant.14 Any such conduct of a criminal nature will be reported to police and in certain cases legal action may also be considered.

Staff are responsible for: • providing reasonable assistance to complainants who need help to make a complaint and, where

appropriate, during the complaint process • dealing with all complaints, complainants and people or organisations the subject of complaint

professionally, fairly and impartially • giving complainants or their advocates a reasonable opportunity to explain their complaint, subject to the

circumstances of the case and the conduct of the complainant • giving people or organisations the subject of complaint a reasonable opportunity to put their case during

the course of any investigation and before any final decision is made15 • informing people or organisations the subject of investigation, at an appropriate time, about the

substance of the allegations made against them16 and the substance of any proposed adverse comment or decision that they may need to answer or address17

• keeping complainants informed of the actions taken and the outcome of their complaints18 • giving complainants reasons that are clear and appropriate to their circumstances and adequately

explaining the basis of any decisions that affect them • treating complainants and any people the subject of complaint with courtesy and respect at all times and

in all circumstances • taking all reasonable and practical steps to ensure that complainants19 are not subjected to any

detrimental action in reprisal for making their complaint20 • giving adequate warning of the consequences of unacceptable behaviour.

If the Gunnedah Shire Council or it’s staff fail to comply with these responsibilities, complainants may complain to the General Manager.

Subjects of a complaint are responsible for:

• cooperating with the staff of the Gunnedah Shire Council who are assigned to handle the complaint, particularly where they are exercising a lawful power in relation to a person or body within their jurisdiction21

• providing all relevant information in their possession to the Gunnedah Shire Council or its authorised staff when required to do so by a properly authorised direction or notice


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• being honest in all communications with Gunnedah Shire Council and its staff • treating the staff of the Gunnedah Shire Council with courtesy and respect at all times and in all

circumstances • refraining from taking any detrimental action against the complainant22 in reprisal for them making the

complaint.23

If subjects of a complaint fail to comply with these responsibilities, action may be taken under relevant laws and/or codes of conduct.

Gunnedah Shire Council is responsible for:

• having an appropriate and effective complaint handling system in place for receiving, assessing, handling, recording and reviewing complaints

• decisions about how all complaints will be dealt with • ensuring that all complaints are dealt with professionally, fairly and impartially24 • ensuring that staff treat all parties to a complaint with courtesy and respect • ensuring that the assessment and any inquiry into the investigation of a complaint is based on sound

reasoning and logically probative information and evidence • finalising complaints on the basis of outcomes that the organisation, or its responsible staff, consider to be

satisfactory in the circumstances25 • implementing reasonable and appropriate policies/procedures/practices to ensure that complainants26

are not subjected to any detrimental action in reprisal for making a complaint27, including maintaining separate complaint files and other operational files relating to the issues raised by individuals who make complaints

• giving adequate consideration to any confidentiality, secrecy and/or privacy obligations or responsibilities that may arise in the handling of complaints and the conduct of investigations.

If the Gunnedah Shire Council fails to comply with these responsibilities, complainants may complain to the NSW Ombudsman.


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ENDNOTES

1 The word ‘rights’ is not used here in the sense of legally enforceable rights (although some are), but in the sense of guarantees of certain standards of service and behaviour that a complaint handling system should be designed to provide to each of the parties to a complaint. 2 Differences of opinion are normal: people perceive things differently, feel things differently and want different things. People have a right to their own opinions, provided those opinions are expressed in acceptable terms and in appropriate forums. 3 While degrees of independence will vary between complaint handlers, all should assess complaints fairly and as impartially as possible, based on a documented process and the merits of the case. 4 The ‘right to be heard’ refers to the opportunity to put a case to the complaint handler/decision-maker. This right can be modified, curtailed or lost due to unacceptable behaviour, and is subject to the complaint handler’s right to determine how a complaint will be dealt with. 5 Provided this will not prejudice on-going or reasonably anticipated investigations or disciplinary/criminal proceedings. 6 Such a right of review can be provided internally to the organisation, for example by a person not connected to the original decision. 7 Provided the concerns are communicated in the ways set out in relevant legislation, policies and/or procedures established for the making of such complaints/allegations/disclosures/etc. 8 Some complaints cannot be resolved to the complainant’s satisfaction, whether due to unreasonable expectations or the particular facts and circumstances of the complaint [see also Endnote 25]. 9 See for example WH&S laws and the common law duty of care on employers. 10 Unacceptable behaviour includes verbal and physical abuse, intimidation, threats, etc. 11 Other than where there is an overriding public interest in curtailing the right, for example where to do so could reasonable create a serious risk to personal safety, to significant public funds, or to the integrity of an investigation into a serious issue. Any such notifications or opportunities should be given as required by law or may be timed so as not to prejudice that or any related investigation. 12 Depending on the circumstances of the case and the seriousness of the possible outcomes for the person concerned, a reasonable opportunity to put their case, or to show cause, might involve a face to face discussion, a written submission, a hearing before the investigator or decision maker, or any combination of the above. 13 For example whether they have made a similar complaint to another relevant person or body or have relevant legal proceedings at foot. 14 Other than in circumstances where the organisation is obliged to have an ongoing relationship with the complainant. 15 See Endnote 11. 16 Other than where an allegation is so lacking in merit that it can be dismissed at the outset. 17 See Endnote 11. 18 See Endnote 5. 19 ‘Complainants’ include whistleblowers/people who make internal disclosures. 20 ‘Complaints’ includes disclosures made by whistleblowers/people who make internal disclosures. 21 This does not include any obligation to incriminate themselves in relation to criminal or disciplinary proceedings, unless otherwise provided by statute. 22 See Endnote 19. 23 See Endnote 20. 24 See Endnote 3. 25 Once made, complaints are effectively ‘owned’ by the complaint handler who is entitled to decide (subject to any statutory provisions that may apply) whether, and if so how, each complaint will be dealt with, who will be the case officer/investigator/decision-maker/etc, the resources and priority given to actioning the matter, the powers that will be exercised, the methodology used, the outcome of the matter, etc. Outcomes arising out of a complaint may be considered by the complaint handler to be satisfactory whether or not the complainants, any subjects of complaint or the organisation concerned agrees with or is satisfied with that outcome. 26 See Endnote 19. 27 See Endnote 20.


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Appendix B Sample UCC incident form This form should only be completed if you encounter unreasonable complainant conduct and consider that steps may need to be taken to change or restrict a complainant’s access to services provide by our organisation.

You must complete this form and send it electronically or by hand to the General Manager within 24 hours of a UCC incident. They will decide on the necessary and appropriate course of action for responding to and managing the complainant’s conduct.

Date: _________________________________ Case officer’s name:__________________________

Name of complainant: ___________________ Complainant’s case file number:_________________

Details of the complainant’s conduct/incident including whether emergency services were contacted:

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Why do you consider this conduct to be unreasonable?

For example – has it occurred before/repeatedly, caused significant disruptions to our organisation, has or could raise significant health and safety issues for our staff or other persons.

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

What action, if any, have you taken to deal with/manage the complainant’s conduct?

For example – warning the complainant ‘verbally’ about their conduct, other/previous attempts to manage the behaviour etc.

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

What do you think should be done to effectively manage the complainant’s conduct?

Note – the final decision on the appropriate course of action will be made by the General Manager ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Is there any other information that might be relevant to this case? If necessary, attach any supporting documentation.

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________


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Appendix C Sample checklist for the General Manager to consider when deciding to modify or restrict a complainant’s access

� I have received a signed and completed incident form from the case officer(s) involved (attach copy).

� I have spoken with relevant case officer(s) to obtain further information, as needed.

� I have reviewed the complainant’s record and all the relevant information in it.

� I have referred to and considered Part 7.2 Criteria to be considered which includes an assessment of the following:

� The merits of the complainants case _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

� The complainant’s circumstances _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

� Jurisdictional issues _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

� Proportionality _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

� Organisational or case officer responsibility _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

� Responsiveness, including previous conduct _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

� Case officer’s personal boundaries _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

� Conduct that is unreasonable in all circumstances (assault, threats of harm etc.) _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

�


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� Along with the case officer concerned and [any other nominated senior officers], I have considered all reasonable options for managing the complainant’s conduct, including those that do not involve restricting their access to our services. ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

� The complainant has been warned about their conduct in writing, and the letter has been signed by the General Manager if applicable.

� The complainant has been advised in writing of our decision to restrict their access to our organisation, and the letter has been signed by the General Manager if applicable.

� I have made a record of my assessment and decision about the complainant’s conduct and all relevant staff members have been notified of my decision.

� An electronic alert has been created in Council’s electronic records management system that notifies any staff dealing with this complainant of the nature of the conduct that caused us to be concerned, the nature of the restriction that has been placed on their access, its duration, how they are to deal with the complainant (including who they should direct any communications from the complainant to).

Date: _______________________ Signature: _______________________________


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Appendix D Sample warning letter

[Name of complainant] [Address of complainant]

[Date] Dear [name of complainant]

Your contact with Gunnedah Shire Council

You recently had [state the form of contact – e.g. telephone, written or face-to-face] with staff at my office on [date]. [During/In that telephone call/appointment/letter,] I understand that you [explain the nature of the conduct that has caused the organisation to be concerned].

We consider this type of behaviour to be inappropriate and it must stop. If you continue to behave in this way or in any other way that my staff consider to be unreasonable, we will impose restrictions on your contact with our office. This may involve restricting your contact to [apply the relevant option(s)]:

• ‘Writing only’ – this means that we will only accept communications from you in writing, delivered by Australia Post [if online or other written communications are preferred then explain].

• ‘Telephone contact only’ – this means that you will only be able to contact us by telephone on a specified time and day of the week.

• ‘Face-to-face contact only’ – this means that your contact will be limited to scheduled face-to-face meetings with a specified member of our staff.

Or any other restriction that we consider to be appropriate in the circumstances.

I have attached a copy of a document called [Individual rights and mutual responsibilities of the parties to a complaint] for your reference. We expect everyone who complains to this office to act in the ways described in this document.

If you have any questions about this letter, contact [provide name and phone number of the nominated senior manager].

Yours faithfully Eric Groth GENERAL MANAGER

Contact: [case officer] Reference: [dw number]


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Appendix E Sample letter notifying a complainant of a decision to change or restrict their access to our services

[Name of complainant] [Address of complainant] [Date] Dear [name of complainant]

Decision to restrict your contact with Gunnedah Shire Council

It has come to my attention that you [describe the nature of the unreasonable conduct and its impact – e.g. if the complainant has been sending emails to several members of my staff on a daily basis…] I understand that my staff have previously told you that we consider this conduct to be unreasonable and unwarranted. I also wrote to you on [date] and asked you to stop this behaviour. In that letter I advised you that if your behaviour continued, we would restrict your contact with my organisation. At the time I also attached a copy of our [Individual rights and mutual responsibilities of the parties to a complaint] which outlines your responsibilities as a complainant.

Because your behaviour has continued, I now consider it necessary to impose certain restrictions on your future contact with my organisation. I therefore give you notice that from [date], and with the exception(s) detailed below, my organisation will only accept communication from you [identify permissible form of contact, if any].

What this means

This means that you are only to contact our organisation using [describe the restriction in further details]. Any communications that do not comply with this restriction will be [describe what will happen – e.g. phone calls will be terminated immediately or emails/written communications will be read and filed without acknowledgment, emails will be blocked or deleted, no interviews will be granted, etc]. [Note: the complainant should be clearly informed how they can contact the organisation and how the organisation will contact them].

Your existing complaint (if applicable)

This organisation currently has one file open in your name. This relates to [state the subject of complaint and describe complaint]. This file is being handled by [name of officer and position title]. While you are able to contact [name of officer] [state nature of contact – e.g. by email] about this specific matter, all other contact with my organisation, including any future complaints, must be [state restriction – e.g. in writing through Australia Post] [provide contact details – e.g. address of organisation where post can be sent].

Review of this decision

My decision to restrict your contact with this organisation is effective immediately and will last for [ 3 months/6 months/12 months]. At that time we will review your restriction and decide if it should be maintained, amended or withdrawn. I take these steps with the greatest reluctance, but [state reason for restriction – e.g. the equity and safety of other complainants and my staff], leaves me no alternative.

If you have any questions about this letter, you can contact [provide name and phone number of the nominated senior manager].

Yours faithfully Eric Groth GENERAL MANAGER Contact: [case officer] Reference: [dw number]


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Appendix F Sample letter notifying a complainant of an upcoming review


Upcoming review of the decision to restrict your contact with Gunnedah Shire Council

It has now been [3 months/6 months/12 months] since restrictions were [imposed/upheld] on your contact with our office. As advised in our letter dated [date], we are now reviewing our decision to ascertain whether the restrictions should be maintained, amended or withdrawn.

We consider it important to give you an opportunity to participate in the review process, so we are therefore inviting you to [apply the relevant option(s)]:

• make submissions in writing through Australia Post [include contact person’s name and address]

• schedule a face-to-face interview with [include name of staff member and provide instructions on how they should go about scheduling the appointment – e.g. calling though the reception line on xxx-xxx-xxxx]

• schedule a telephone interview with [include name of staff member and provide instructions on how they should go about scheduling the appointment – e.g. calling though the reception line on xxx-xxx-xxxx]

In your letter, you should include information that would be relevant to our review. This includes information about [.....]/During the interview which will not last more than 30 minutes, we will discuss whether:

• you have complied with the current contact restrictions • the current contact restrictions should be removed • the current contact restrictions should be amended to better suit your personal circumstances • the current contact restrictions should be maintained • any other information that is relevant to our decision.

We must receive your letter by [time and date]/you should confirm your interview with [name of case officer] by [time and date]. If we do not receive it/hear from you by this date, we will assume that you do not wish to participate in this review and will undertake the review based on the information that we have available to us.

Once the review is completed, we will contact you again by letter notifying you of our decision.

If you have any questions about this letter, you can contact [provide name and phone number of the nominated senior manager].

Yours faithfully Eric Groth GENERAL MANAGER Contact: [case officer] Reference: [dw number]


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Appendix G Sample checklist for reviewing a decision regarding an access change/restriction

� The complainant has been sent a letter notifying them of the review.

� The complainant will/will not participate in the review.

� the complainant has/has not scheduled a face-to-face interview

� the complainant has/has not made written submissions

� the complainant has/has not scheduled a telephone interview

� I have reviewed all the information in the [case management system] from the last 12 months [or relevant period of the restriction] about the complainant’s:

� contact with the office (explain form of contact)

______________________________________________________________________________________________________________________________________________________________________

� conduct during that contact (explain if conduct reasonable or unreasonable)

______________________________________________________________________________________________________________________________________________________________________

� I have spoken with the case officers who have had contact with the complainant during the last 12 months about the complainant’s conduct during that period.

� I have considered the arguments/statements made by the complainant, including the impact of the restrictions on them (explain complainant’s position, including if their circumstances have changed etc.) Note: if the complainant is arguing that their circumstances have changed, they should be required to submit evidence to support this claim.

______________________________________________________________________________________________________________________________________________________________________

� I have considered whether there are other more reasonable/suitable options for managing the complainant’s conduct, including those that do not involve restricting their access to our services (list all that apply). ______________________________________________________________________________________________________________________________________________________________________

� I consider that the restriction should be (explain):

� maintained –e.g. because the conduct has continued or is likely to continue, is disproportionate etc.

� removed – e.g. because the complainant has complied with the restrictions etc.

� amended – e.g. because the complainant’s circumstances have changed and the current restriction is no longer appropriate.

______________________________________________________________________________________________________________________________________________________________________

� I have discussed my decision with [other nominated senior officers]

� The complainant has been advised in writing of my decision to maintain/remove/ amend the restriction and this letter has been signed by the (CEO).

� The [case management system] has been updated to reflect my decision.

Date: _______________________ Signature:______________________


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Appendix H Sample letter advising the complainant of the outcome of a review


Review of your contact with Gunnedah Shire Council

I am writing about a review that was undertaken by my organisation on [date] concerning your contact with this office. I understand that you [participated/did not participate] in that review.

Process of review During the review you were given an opportunity to [explain in general terms how the review what undertaken].

Considerations After your [interview/reading your submissions], we considered the concerns and suggestions raised in your [interview/letter, etc.], particularly your concerns about [include information that would be relevant – e.g. the complainant said there circumstances had changed]. We also reviewed our records of your conduct and contact with our office over the last 12 months. Our records showed that [provide summary of relevant information – e.g. Our records show that you have continued to send emails to our office, sometimes up to four times a day, throughout the period of your restriction].

[apply if relevant]: These communications were in direct violation of your restriction which limited your contact with our office to [state nature restriction] [explain what the purpose of the restriction was, if appropriate, and the impact of their conduct].

[apply if relevant]: Our records show that you have complied with the restrictions that were imposed on your contact with our organisation.

Decision [apply if relevant]: Due to [explain reasoning for the decision – e.g. the number of emails that you have sent to our organisation in the last 12 months and ....] I consider it necessary to maintain the restrictions on your contact with our office for a further 12 months, effective immediately.

[apply if relevant]: Due to [explain reasoning for the decision I consider it necessary to amend the restrictions on your access to better suit your personal circumstances [explain, including providing clear instructions on how the complainant is to contact us and how we will contact them]. The new restrictions will be effective immediately and will last for 12 months. If your circumstances change again during this period, you may [explain how the complainant can notify of the change].

[apply if relevant]: Due to [explain reasoning for the decision] I consider it appropriate to remove the restrictions that have been placed on your access with our organisation, effective immediately. You may contact our organisation using any of our normal servicing options.

If you have any questions about this letter, you can contact [provide name and phone number of the nominated senior manager]. Yours faithfully Eric Groth GENERAL MANAGER Contact: [case officer] Reference: [dw number]


of 332


of 332

MINUTE NO

SUBJECT RESOLUTIONS DEPARTMENT STATUSACTION COMPLETED/IN PROGRESS/NOT STARTED

COMMENT DATE COMPLETE

Apr-13

Jun-13

Aug-13

471 Installation of Plaque in Recognition of Donated Tree

That Council endorse the purchase and placement of a bronze plaque on the Post Office corner recognising the donation of the Canary Island Palm tree at the intersection of Elgin and Conadilly Streets.

INFRASTRUCTURE SERVICES

IN PROGRESS Plaque delivery followed up 09/06/15.

Oct-13

27.10/13 Development Proposal - Gunnedah Aerodrome

1. That the General Manager be authorised to execute the Development Application for a Three Bay (partially enclosed) Light Aircraft Hangar at the Gunnedah Aerodrome, Wean Road, Gunnedah.2. That subject to approval of the Development Application, Council enter into a lease agreement with the proponent for occupation of the subject area of the aerodrome prior to the commencement of construction.


1. ACTION COMPLETED2. IN PROGRESS

Lease fees being developed and negotiated as part of airport master plan/business plan; anticipated completion May 2015. Workshop scheduled 17/05/15 with all Councillors. Meeting scheduled 30/10/15 with Councillors and Aero Club.

Nov-13

Dec-13

31.12/13 Reoval of B Double Gazettal Status - Nea Siding Road

That Council remove the B Double gazettal status of the connection road across the railway line opposite the Nea siding Road as to its use by any length oversize vehicles.


IN PROGRESS Negotiations continuing with RMS, including other sites with insufficient stacking distances.

Feb-14

14.02/14 Industrial Land Sewer Servicing

1. That Council allocate $900,000 from its sewer restricted funds to design and construction Stage 1a of the sewer extension subject to adoption of an amended Development Servicing Plan - Sewerage.2. That a draft development contribution plan for the sewer infrastructure to all stages referenced in this report be prepared for incorporation into Council's Development Servicing Plan - Sewerage for consideration by Council.3. That Council communicate and workshop the sewer rating impacts on existing owners in Mathias Road and Quia Road between Mathias and Ross Roads having regard to the proposed sewer extensions.


1. ACTION COMPLETED2. ACTION COMPLETED3. IN PROGRESS

Budget adjustment made in March quaterly review. Consultant engaged to prepare service plan. Developer services plan exhibited and adopted by Council at September 2014 Ordinary Meeting. Workshop to be convened.

Mar-14

Apr-14

May-14

2.05/14 Mayoral Minute - Indigenous Tourism Trail

That consideration of the proposed Indigenous Tourism Trail be deferred pending further discussions wth the aboriginal community.

GENERAL MANAGERS

NOT STARTED Deferred

32.05/14 Bennett Road Depot Refuelling Facilities Renewal

1. That Council defer the replacement of the depot fuel storge and dispensing equipment for at least five years.2. That a more detailed report be prepared for Council's Works and Services Committee Meeting in August 2014.3. That Council give consideration to use of the funds allocated to bring foward previously adopted and approved works.


IN PROGRESS Update report to be presented to December 2015 ordinary meeting.

Jun-14

17.06/14 Crime Prevention Committee Membership

1. That the positions of youth and community membership on the Crime Prevention Committee be declared vacant.2. That external advertising for new Committee members to fill the vacancies be endorsed.

PLANNING AND ENVIRONMENTAL SERVICES

IN PROGRESS 1. Advertising closes 23/10/15.2. Advertising closes 23/10/15.

GUNNEDAH SHIRE COUNCIL RESOLUTION REGISTEROCTOBER BUSINESS PAPER - PUBLIC 21 OCTOBER 2015

of 332

MINUTE NO



GUNNEDAH SHIRE COUNCIL RESOLUTION REGISTER

21.06/14 Late Item - Emerald Hill Progress Association Public Liability Insurance

1. That Council provide an interest free loan of $900.00 to the Emerald Hill Progress Association Inc to be repaid in two instalments of $450.00 due on 30 June 2015 and 30 June 2016 respectively for the provision of Public Liability Insurance Association Cnc for the first 12 months of its operation.2. That the Mayor and General Manager be authorised to sign the Loan Agreement with the Emerald Hill Progress Association.



1. Complete 20/06/142. Agreement prepared.Follow up on execution of agreement.

31.06/14 Consolidation of Fluoridation in Gunnedah Water Supply

That Council approach NSW Department of Public Health for funding to prepare a brief and engage a consultant to carry out the following:1. Comprehensive Investigation and Concept Design including installation costs, ongoing operation and replacement costs and monitoring requirements and associated costs.2. Undertake a community education program of the advantages and disadvantages of the proposal.3. Facilitate a statistically representative random community survey to validate the community wishes for the fluoridation proposal.


IN PROGRESS Representations from Consultants, city West Water Technology visited Gunnedah on 7-8/07/15 to undertake investigation for a concept design, operating costs and other associated items requested by Council. Final draft copy of the options study received and currently being considered.

Jul-14

9.07/14 2014 Women's Forum 1. For Council's information.2. That Council supports staff in undertaking investigations into coordinating a Men's Forum to be held in 2015.


IN PROGRESS 1. Noted.2. Allocation for event in 2015/16 Draft Operational Plan.

37/07/14 Audit Committee - Policy Register

That a copy of the Policy Register and process for review be presented to a future meeting of the Committee.

BUSINESS SYSTEMS AND GOVERNANCE

IN PROGRESS To be dealt with at a future Audit Committee.

38.07/14 Audit Committee - Legislative Compliance

1. That consideration be given to the development of a Legislative Compliance Register to be monitored by the Internal Auditor, with a report to be presented to a future meeting of the Committee.2. That a review be undertaken of the reference to legislative compliance in reports presented to Council with a recommendation to be presented to a future meeting of the Committee.


IN PROGRESS To be dealt with at a future Audit Committee.

Aug-14

Sep-14

Oct-14

13.10/14 Inclusive Playground - Progress Report

1. That The Touched by Olivia Foundation be advised of Council's interest in establishing a partnership in the development of an inclusive playground in Gunnedah.2. That funding options for development of an inclusive playground in Gunnedah be developed having regard to savings, developer contributions and external funding opportunities for consideration by Council in the development of the 2015/16 Operational Plan.3. That a Working Group including a representative from The Touched by Olivia Foundation and community members be established to provide input to and feedback on the development of a plan for establishment of an inclusive playground including location for consideration by Council in the devleopment of the 2015/16 Operational Plan.


1. ACTION COMPLETED2. NOT STARTED3. ACTION COMPLETED

1. 24/10/142. Meeting scheduled for 13/08/15. No quorum and meeting to be rescheduled.3. 18/02/15

15.10/14 Public Walkway - 178 Conadilly Street Gunnedah

1. That Lot 2 DP202076, 178 Conadilly Street, Gunnedah be dedicated as a public road.2. That the potential titling and tenure options for the first floor section of the property be invstigated with the General Manager authorised to enter discussions with adjoining property owners for report to the February 2014 meeting of Council. 3. That an additional allocation oif $13,900 be made for inclusion in the 2014/15 Operational Plan for maintenance work on the public walkway at 178 Conadilly Street, Gunnedah.


1. IN PROGRESS2. IN PROGRESS3. IN PROGRESS

2. Discussions have been initiatied with adjoining property owner.3. Fence quotes being received, budget adjustment made. Works scheduled for first quarter of 2015. Surveyor appointed 22/06/15.Access to property has been obtained and survey for subdivision of allotment is underway. Allocation of money has not yet been undertaken and has been deferred until such time as Council acquires the asset.

23.10/14 Ashford's Watercourse Property Amendemtn

1. That Council proceed to acquire approximately 70 square metres of Lot 1 in DP318636 adjacent to Ashford's Watercourse.2. That $9,000 be allocated from revenue funds towards the estimated costs of this acquisition.


IN PROGRESS Fencing completed. Subdivision registered. Land transfer in progress.


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MINUTE NO




26.10/14 Audit Committee - Business Continuity Plan

1. That the Business Continuity Plan be noted.2. That a copy of the Disaster Recovery Plan be provided for the next meeting.3. That a testing program be developed and presented.


1. ACTION COMPLETED2. NOT STARTED3. IN PROGRESS

BCP testing has been undertaken July 2015. Results will be presented at a future meeting of the Audit Committee.

39.10/14 CLOSED ITEM - Land Acquisition - Kamilaroi Highway - Saleyards and STP

That Council:1. Amend the allocated budget for acquisition of the required land, from $155,000 to $158,000 with costs to be borne by the Gunnedah Sewerage Fund and Saleyards based on agreed values;2. Authorise the purchase of Lots 1, 3 and 7 as identified in the report;3. Authorise deeds to be executed under Council Seal where required to give effect to the purchase.

GENERAL MANAGERS OFFICE


Budget amended. Authorisation provided. Approval to acquire advised to Crown Lands awaiting response.

Nov-14

Dec-14

16.12/14 Horse Precinct - Gunnedah Showground

That Council allocate an amount of $6,000 from revenue funds towards the cost of developing an equine precinct plan.


IN PROGRESS Equine Centre of Excellence meeting 30/06/15. Revised draft plans received for the Equine precinct and will be tabled at the next Showground Committee of Management meeting. Draft plan received. Meeting of horse user groups arranged for 14/01/15 to discuss the plan.

22.12/14 Apex Reservoir - Land Claim That Council confirm its agreement to allow Red Chief Local Aboriginal Land Council to undertake (at Council's expense) a full sites survey and cultural values assessment of that part of the claimed land rerquired for the reservoir, as detailed in the RCLALC resolution below:"Motion that Red Chief LALC support Gunnedah Shire's reqwuest to relinquish the portion of land required for a water reservoir, and that ownership and title of the land be handed over to Gunnedah Shire Council. Subject to full sites survey and cultural values assessment being completed by Red Chief LALC and paid by Gunnedah Shire Council."


IN PROGRESS Quotations for cultural survey received. Meeting held with Aboriginal Elders on 19/06/15 to determine approach to be taken with Cultural Study. Elders Chairperson provided with copies of quotes received for review and to advise Council of approach. NSW ALC has consented to the removal of land affected by the proposed reservoir from the claim. Crown Lands have confirmed this. Lanc acquisition procedures have now been initiated.

Feb-15

26.02/15 CLOSED ITEM - Former Abattoir Site - Potential Contamination Issues - 131 Quia Road, Gunnedah

1. That Council initiate enforcement action in respect of the Direction to Take Preventative Action issued on the owner of 131 Quia Road, Gunnedah to affect rectification work to the perimeter security fencing and erect asbestos hazard signage.2. That Council initiate further action under the Protection of the Environment Operations Act 1997 to effect clean-up of the site.3. That Council allocate $45,000 for legal expenses in the 2014/15 Operational Plan from General Revenue.


1. ACTION COMPLETED2. NOT STARTED3. ACTION COMPLETED

Perimeter fencing reinstated. Follow up on other outstanding matters through legal advice. Costings of legal services being sought. Discussion with owner. Solicitor appointed.

Mar-15

12.03/15 Parkland Access Control - Ross Kelly Reserve, Leonavale Reserve, Miller Reserve and Ron Pople Park

1. That Council authorise the construction of restrictions on Wandobah Road, Lincoln Street, Winder Place, Anderson Place, Kirkpatrick Place, Hillcrest Road, Hinton Drive and Wattle Street as defined in the map in the report.2. That Council allocate funds in the amount of $22,150 from Section 94A to undertake these works.3. That Council continue to monitor motor vehicle access to all of its reserves and further identified risks and controls considered necesary.


ACTION COMPLETED

Installation started - section between Hinton Drive and Wattle Streets on hold due to the extension of the stomrwater basin within this area.

09/10/2015

April Extraordinary 2015

Apr-15


of 332

MINUTE NO




22.04/15 Project Koala - Tree Planting 1. That Gunnedah Shire Council support the Project Koala program by facilitating the planting of trees in the following areas:a) It's Gunnedah Waste Management Depot;b) Along the western side of Blackjack Road Reserve between Quia Road and the Oxley Highway and both sides of the Oxley Highway as possible;c) Along both sides of the Barlow Road south of the Oxley Highway;d) Along both sides of Quia Road Reserve between the Waste Management Depot and Blackjack Road.2. That Council provide grader ripping support in the amount of $10,000 fro mrevenue funds to the abovementioned road corridors and other strategic corridors coordinated through the Gunnedah Urban Landcare Group.


IN PROGRESS Tree planings commenced. Waiting on instruction from Gunnedah Urban Landcare Group for list of sites to prepare in accordance with the resolution.

19.05/15 Application to Close a Public Road

That Council agree to the closing of the unconstructed Council public road, Lots 1 and 5 DP808903 and Lot 9 DP755472 located at Marys Mount.


NOT STARTED

22.06/15 Audit Committee - Internal Audit Action Plan Register

1. That the Internal Action Plan Register be noted.2. That the Internal Audit Actoin Plan be brought back to the next Audit Committee meeting for review.


IN PROGRESS Item listed on the Agenda for 16/09/15 meetings, however due to lack of quorum, has been deferred to next meeting.

23.06/15 Audit Committee - Project Management Framework

That an amended Project Management Framework Project Plan be submitted to the next meeting of the Audit Committee.



24.06/15 Audit Committee - External Auditor - Scope of Services

1. That the nature and scope of services to be provided by the External Auditor, UHY Haines Norton, be noted.2. That Council's response letter be brought back to the next Audit Committee meeting.3. That the External Auditors, UHY Haines Norton, be requested to provide a more detailed strategy to a future meeting of the Committee.



26.06/15 Audit Committee - General Business - Risk Register

That a report of the high operational and strategic risks be presented to the next Audit Committee Meeting.



29.06/15 CLOSED ITEM - Blackjack Creek Flood Mitigation Project

1. That the second acquisition offers made to the property owners be endorsed and the General Manager be authorised to undertake further negotiations with the owners of the subject lands, including making offers detailed in the report to the owners to support provision of professional services, in an attempt to acqure the land by agreement notwithstanding Resolutions 2 and 3 below.2. That Council acquire the parcels of land in the schedule below, excluding any mines and minerals in those lands, by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 for drainage purposes.3. That Council make an acquisition application to the Minister for Local Government and or the Governor to s187 of the Local Government Act 1993 to permit Council to acquire the land in the schedule below pursaunt to the Land Acquisition (Just Terms Compensation) Act 1991.4. That Council classify the acquired parcels of land in the schedule below as Operational Plan pursuant to s31 of the Local Government Act 1993.Schedule of Parcels of Land to be AcquiredLot 1 DP1202466Lots 1 and 2 DP1202465


1. ACTION COMPLETED2. IN PROGRESS3. NOT STARTED4. NOT STARTED

May-15

Jun-15


of 332

MINUTE NO




4.06/15E Gunnedah Memorial Pool Renewal Project - Concept Design

1. That Council adopt Option 3 'Preferred Concept Design' as recommended by the Gunnedah Memorial Pool Working Group as the approved Concept Design for the Gunnedah Memorial Pool Renewal Project.2. That an additional annual allocation of $140,000 be made in Council's Long Term Financial Plan annually indexed in respect of the Gunnedah Memorial Pool operational budget with effect from the 2016/17 financial year.3. That consideration of Master Plan options for the pool complex be deferred pending further consideration by the Memorial Pool Working Group of a further report on the matter from GHD Pty Ltd.



6.07/15 Business Case - Additional Sourvenir Line for Visitor Information Centre

That Council seek expressions of interests from persons/organisations interested in the supply of a promotional product showcasing Gunnedah that best meets the criteria detailed in the report.


IN PROGRESS Expression of Interest issued.

12.07/15 Outstanding Resolution Register

1. That the information be received and noted.2. That, in relation to Resolution No 2.05/15P, the General Manager contact the company with regard to the clean up and rehabilitation of the land in relation to the Consolidated Coal Lease 711.



1. Action Completed

2.08/15P Draft Gunnedah Koala Strategy

That the Draft Gunnedah Koala Strategy be endorsed for public exhibition for a period of 40 days. PLANNING AND ENVIRONMENTAL SERVICES

IN PROGRESS On exhibition.

3.08/15 Mayoral Minute - Sister City Delegation

That Council authorise the conduct of a public forum at The Civic in order for members of the delegation (both Council and the Gunnedah and District Chamnber of Commerce representatives) to report to the community on their findings.


IN PROGRESS Date to be set for end of September.

6.08/15 Policy - Councillors and Mayor - Payment of Expenses and Provision of Facilities.

That Council:1. Place the attached draft "Councillors and Mayor - Payment of Expenses and Provision of Facilities Policy" on exhibition for no less than 28 days; and2. Call for submissions on the policy draft.


ACTION COMPLETED

On exhibition till 25/09/15. 21/10/2015

12.08/15 Proposed Amendment to Street Trading Policy

1. That Council publicly exhibit the amended Council's Footpath Occupation Policy for the street trading period dates to coincide with the financial year calendar and public liability insurance policy dates.2. That Council authorise the impounding of items from businesses that have received three requests for compliance and do not obtain street trading approval prior to 1 December 2015.


1. IN PROGRESS2. ACTION COMPLETED

1. Public exhibition undertaken with no submissions received. Yet to be adopted. Awaiting Access Committee meeting.2. Letter posted to subject business and quartlery inspection to be undertaken in October.

17.08/15 Business Partner Program - Economic Development - Come on Shopping Initiative and DongHong Pipe Company Visit

1. That financial assistance be provided to Regional Development Australia Northern Inland (RDANI) for the amount of $3,500 for the "Come on Shopping" initiative through the Business Partner Program; and2. That financial assistance be provided to the Gunnedah Chamber of Commerce for the amount of $2,600 through the Business Partner program in respect of the DongHong Pipe Company visit.


IN PROGRESS 1. Paid 30/09/15.2. Payment issues 10/09/15.

19.08/15 Riverine Restricted Access 1. That Council adopt the amendment to the Riverine Master Plan restricted fencing/bollard locations.2. That the Director Infrastructure Services provide a report to Council regarding the availaibilty of funding and resourcing to complete the Riverine Master Plan works within the current work program.



Report to October meeting.

21.08/15 Public Reserves Management Unit

That Council bring forward $50,000 from the 2017/18 Long Term Financial Plan (LTFP) showground fencing into the 2015/16 capital budget parks and gardens to complete the southern boundary fencing of the Showground.


IN PROGRESS Transfer complete, to be finalised in next quarterly review. Adjustment made to LTFP works.

Aug-15

Jul-15


of 332

MINUTE NO




22.08/15 Show Society Request to Waive Fees

1. That Council donate a financial contribution for the land hire fee charges for the 2015 Gunnedah Show as levied.2. That Council enter formal discussions with the Gunnedah Show Society to reach agremenet as to how future volunteer contributions to the Showground coulf offset future charges.


IN PROGRESS To be finalised in next quarterly review. Meeting held with Show Society representatives on 27/08/15.

23.08/15 Aerodrome User Fees That Council enter into discussions with the Aero Club and users of the airport to increase fees and charges at the facility to achieve a 30% cost recovery of all ongoing (operational and renewal) costs at the facility.


IN PROGRESS Negotiations to be undertaken, reviewing submission.

1.09/15P Gunnedah Draft Koala Strategy

That the Draft Gunnedah Koala Strategy be endorsed for public exhibition for a period of 40 days. PLANNING AND ENVIRONMENTAL SERVICES

ACTION COMPLETED

05/08/2015

1.09/15E Planning Environment and Development Committee Recommendation - Planning Proposal - Curlewis and Environs

That Council:i) Prepare a draft planning proposal, pursuant to Section 55 of the Environmental Planning and Assessment Act 1979 for the amendment of the Gunnedah Local Environmental Plan 2012 to:a) amend the lot size and land zoning maps as identified in the addendum to the Gunnedah Shire Rural Strategy - Stage 1;b) prepare a Dwelling Opportunity as identified in the Addendum to the Gunnedah Shire Rural Strategy - Stage 1;ii) Forward the draft planning proposal to the Department of Planning and Infrastructure for a Gateway Determination and exhibit the propsal in accordance with the determination pursuant to Sections 56-58 of the Act;iii) Request that the Director General of the Department of Planning and Infrastructure issue a Written Authorisation to Council to Exercise Delegation of the plan making functions under Section 59 of the Act in respect of the planning proposal.


ACTION COMPLETED

03/09/2015

1.09/15E Planning Environment and Development Committee Recommendation - Proposed Planning Proposal - Lot 1 DP825588 - Glenbrae, Kelvin

1. That Council advise the property owner that it will favourably consider a Planning Proposal for the amendment to the land zoning of Lot 1 DP825588.2. That Council advise the property owner to lodge an application for financial assistance under the Business Partner Program to assist with the cost of the Planning Proposal application fee.


ACTION COMPLETED

03/09/2015

3.09/15 Mayoral Minute - Sister City Relationship - Linhe District

1. That an official invitation be extended to representatives of the Linhe District Government and business community to travel to Gunnedah (transportation to Australia/Gunnedah and accommodation to be at their cost) on a reciprocal visit in order to progress the sister-city relationship; and2. That an amount of up to $15,000 be allocated in order to assist in hosting this visit; and3. That Gunnedah Chamber of Commerce will be invited to assist in hosting the group and providing opportunities to build business links.


IN PROGRESS Invitation extended, however due to the illness of one of the visitors, the visit has been deferred.

4.09/15 Mayoral Minute - Recognition of the Late Councillor Hans Allgayer

1. That Gunnedah Shire Council recognises former Councillor Allgayer's long and distinguished service to the Gunnedah community by way of an appropriate certificate and an appropriate gift acknowledging his commitment to our residents and the presentation of these tributes to be made at a future Council meeting.2. That a report be presented to a future Council meeting regarding an appropriate recognition in terms of a community facility or structure commemorating the long standing commitment and vision of Councillor Hans Allgayer.


IN PROGRESS

5.09/15 Election of Mayor and General Manager

1. That Council proceeds to the election of the Mayor and Deputy Mayor by Ordinary Ballot.2. That the term of office of the Deputy Mayor coincides with that of the Mayor.3. That, should the vote go to a ballot, the Ordinary Ballot papers for the election of the Mayor and Deputy Mayor be destroyed.


ACTION COMPLETED

Councillor OC Hasler elected Mayor and Councillor RG Swain elected Deputy Mayor.

16/09/2015

Sep-15


of 332

MINUTE NO




6.09/15 2015 Sister Cities Australia National Conference

That Council approve the attendance of Mayor OC Hasler (accompanied by a staff member) to attend the 2015 Sister Cities Australia National Conference.


ACTION COMPLETED

15/10/2015

7.09/15 Investments That the principal investment of $51.5 million for all funds to date be received and noted. GENERAL MANAGERS OFFICE

ACTION COMPLETED

16/09/2015

8.09/15 Casual Vacancy in Civic Office

That pursuant to Section 294(2)(a) of the Local Government Act 1993, Council make an application to the Minister that the vacancy which has occurred in office due to the recent passing of the Late Hans Allgayer not be filled and that no by-election be held.


ACTION COMPLETED

Application sent 21 September 2015. 21/09/2015

9.09/15 Delegations of Authority - Mayor and Deputy Mayor

1. That the Delegations of Authority for Mayor OC Hasler as listed in the report be adopted.2. That the Delegations of Authority for Deputy Mayor RG Swain as listed in the report be adopted.


ACTION COMPLETED

21/09/2015

10.09/15 Delegations of Authority - General Manager

That Council adopt the amended Delegation of Authority attached to this report for the General Manager, Eric Groth.


ACTION COMPLETED

21/09/2015

11.09/15 Committee Structure and Representation

1. That the Instrument of Delegation - Planning Environment and Development Committee, as presented to this meeting be adopted and signed by the Mayor and General Manager;2. That in relation to the report Committee Structure and Representatives, Council:a. depending on the outcome of the election of the Mayor and Deputy Mayor, Council consider the appointment of Councillors as representatives and delegates on an item by item basis, as detailed in the Minutes;3. That the appointment of Mr Robin Mallik as Council's technical nominee to the Northern Joint Regional Planning Panel be extended for a further 12 months;4. That the cessation of the Namoi Local Government Group be noted.


ACTION COMPLETED

16/09/2015

12.09/15 Procurement and Tendering 1. That the revised draft 'Policy - Procurement and Tendering', 'Management Directive - Procurement and Tendering' and the 'Statement of Business Ethics' be adopted.2. That the responsible officer engage with the Chamber of Commerce and other relevant stakeholders in order to report to Council on the feasibility of developing a 'Local Preference Policy' to formalise Council's commitment to supporting local business; and3. That up to $2,000 be budgeted for legal advice associated with development of the 'Local Preference Policy' should it be required.


1. ACTION COMPLETED2. IN PROGRESS3. IN PROGRESS

Training program on new Policy and Management Directive to commence October 2015. Negotiations with Chamber have commenced with first meeting held on 13/10/15.

13.09/15 Outstanding Resolution Register

That the information be received and noted. BUSINESS SYSTEMS AND GOVERNANCE

ACTION COMPLETED

16/09/2015

14.09/15 Proposed Road Names - Development Application 2015/003 - 85 Links Road, Gunnedah

1. That in relation to the naming of the newly created roads within the approved subdivision of 85 Links road, Gunnedah, Council proceed to public the adopted names of 'Parish Avenue' and 'Siffleet Terrace' in the Government Gazette and notify the Australia Post, the Registrar-General and the Surveyor-General and the Geographical Names Board, with sufficient particulars for identification of the road.2. That Council notify the submitter of the decision to gazette the exhibited road names.


ACTION COMPLETED

22/09/2015

15.09/15 Addendum to Gunnedah Shire Rural Strategy - Curlewis and Environs

1. That Council advise the property owners of the land along Hawthorne Street and the Curlewis Progress Association, that part of the Consolidated Coal Lease 711 has been relinquished.2. That Council advise the property owners of the land along Hawthorne Street that it would consider a planning proposal (which includes an assessment of any physical site constraints and servicing capability) for the rezoning of the land for residential use.


ACTION COMPLETED

17/09/2015

16.09/15 Request for Fee Waiver - Gunnedah Relay for Life

That the request for fee waiver is supported. PLANNING AND ENVIRONMENTAL SERVICES

IN PROGRESS Correspondence being finalised.

17.09/15 Road Maintenance - Kerringle Road

That Council allocate funds in the amount of $38,000 from revenue funds to facilitate its contribution to the upgrade of the section of Kerringle Road passing through the Kerringle State Forest ensuring all weather access for the four Gunnedah Shire properties presently using this thoroughfare for access and addressing.


IN PROGRESS Letter written to landholder 18/09/15 advising of Council's resolution. Negotiations with State Forests commenced.


of 332

MINUTE NO




18.09/15 North West Weight of Loads - Memorandum of Understanding

That Council execute under Seal its support and continuance of the North West Weight of Loads Committee Memorandum of Understanding until 31 December 2020.


ACTION COMPLETED

24/09/2015


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of 332

Acting Director Planning and Environmental Services’ Report

ITEM 1 Modification of Consent Application No.

2012/185.002 – Expansion of Blue Metal Gravel Quarry – Lot 3 DP1205024, 334 Pownall Road, Mullaley and Lot 2 DP869898, “Beulah”, 259 Barker Road, Marys Mount

MEETING Ordinary Meeting – 21 October 2015 DIRECTORATE Planning and Environmental Services AUTHOR Manager Development and Planning POLICY Nil LEGAL Environmental Planning & Assessment Act, 1979

Gunnedah Local Environmental Plan, 2012 Gunnedah Development Control Plan, 2012

FINANCIAL Nil STRATEGIC LINK Community Strategic Plan 1.2.2 Implement a fully integrated planning framework that aligns to

Councils plans and guides the development of Gunnedah area. Operational Plan 1.2.2.2 Assess and process development proposals in accordance with

the Environmental Planning and Assessment Act. ATTACHMENTS Nil

OFFICER’S RECOMMENDATIONS: 1. That the Modification of Consent Application No. 2012/185.002 – Expansion of Blue

Metal Gravel Quarry at Lot 3 DP1205024, 334 Pownall Road, Mullaley and Lot 2 DP869898, “Beulah”, 259 Barker Road, Marys Mount, to amend Conditions A6, A7 and J1, be approved subject to the following:

2. a. Delete conditions A1, A6, A7 and J1; and b. Insert the following conditions:

A1a. The development shall be carried out in accordance with the details set out in

the following • Development Application form lodged 18/12/2012; • Environmental Impact Statement (including Executive Summary, Volume 1,

Volume 2 and Appendix), prepared by Stewart Surveys Pty Ltd, dated 13/12/2012;

• Amendment to Environmental Impact Statement, prepared by Stewart Surveys Pty Ltd, dated 17/05/2012;

• Traffic Impact Assessment (Revision 5), prepared by Ardill Payne & Partners, dated May 2013; and

• Amendment to Application, prepared and submitted by Stewart Surveys Pty Ltd, dated 17/04/2014, including the additional information prepared by Spectrum Acoustics (Noise and Vibration Consultants), dated 17/04/2014, and accompanying plans (Proposed Quarry Site Plan, drawing number 4122_quarry design, dated 11/04/2014, Sheet 2 of 3, Issue G and Haulage Operations to Cease at School Bus Times, both prepared by Stewart Surveys Pty Ltd); and

• Biodiversity Impact Assessment Report, prepared by Niche Environment and Heritage, dated August 2015,

except as otherwise provided by the conditions of consent.


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Reason: To ensure compliance with application and plans. Advisory Note: The Flora and Fauna Impact Assessment, Compensatory Habitat Assessment and Blackjack Mountain Offset Site Management Plan have been assessed in the application submitted under the provisions of the Environment Protection and Biodiversity Conservation Act, 1999.

A6a. All costs, including but not limited to, the assessment of submitted documentation for approval and reporting and required site inspections associated with the implementation and monitoring of the Koala Plan of Management shall be borne by the development.

Reason: To ensure that all costs associated with the Koala Plan of Management are borne by the developer.

PURPOSE The Modification of Consent Application is being referred to Council for determination as the original development application was determined by the Joint Regional Planning Panel (JRPP). As the application has been lodged under S.96(1A) of the Environmental Planning and Assessment Act, 1979, the Modification of Consent Application can be determined by Council and not the JRPP. Introduction The proposed Modification of Consent Application is seeking approval to amend Condition A6 to remove reference to the BioBanking Agreement and remove Conditions A7 and J1 as a Flora and Fauna Assessment, Compensatory Habitat Assessment and Black Jack Mountain Offset Site Management Plan have replaced the BioBanking Agreement. These documents have been submitted to the Commonwealth Government under the provisions of the Environment Protection and Biodiversity Conservation Act, 1999. BACKGROUND Following the determination of the application by the Joint Regional Planning Panel, Council issued development consent of the expansion of the blue metal gravel quarry on 30 May 2014. COMMENTARY Proposed Development The determination of DA2012/185 for the Expansion of the Blue Metal Quarry required the preparation of a BioBanking Agreement, under Part 7A of the Threatened Species Conservation Act 1995. Upon completion of the Agreement and prior to registration of the Agreement on the title of the biodiversity offset site, it was determined by the Office of Environment and Heritage that the proposed development is unable to be signed off under a BioBanking Agreement as the biodiversity offset site was subject to mining interests on the land. Therefore, it is necessary to change the approval pathway for the development from Part 7A of the Threatened Species Conservation Act 1995 (TSC) to Part 4 of the Environmental Planning and Assessment Act 1979 (EPAA), in order to secure the proposed offset site. Considerations under Sections 79C and 96(1A) of the Environmental Planning and Assessment Act, 1979 - S79C(1)(a)(i), (iii), (iiia), (iv) the provisions of any environmental planning instrument, development control plan, planning agreement and regulations The original application was assessed under the provisions of all relevant environmental planning instruments, development control plan, planning agreement and regulations. The proposed modification has been assessed under the relevant environmental planning instruments.


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With the amendment proposing to change the approval pathway for the securing of the biodiversity offset site, a Biodiversity Impact Assessment was submitted. The Biodiversity Impact Assessment assessed the impacts to threatened species, populations and ecological communities listed on the TSC and/or Environment Protection and Biodiversity Conservation Act 1995 (EPBC) that were considered to likely occur in the study area. The Assessment of Significance (Seven Part Test) pursuant to Section 5A of the EPAA was undertaken. It was determined that the development will not have a significant impact on any NSW listed threatened biota, and therefore compensatory habitat or a Species Impact Statement (SIS) is not required. Hence, the Biodiversity Impact Assessment will form part of the approved documents for the development. It is highlighted that the Flora and Fauna Assessment, Compensatory Habitat Assessment and Black Jack Mountain Offset Site Management Plan will form part of the approval under the provisions Environment Protection and Biodiversity Conservation Act, 1999. The application is considered to be consistent with the provisions of the relevant environmental planning instruments, development control plan, planning agreement and regulations. S79C(1)(b) the likely environmental impacts on the natural and built environments and social and economic impacts in the locality It is highlighted that the development, its staging and its impacts would not change, only the approval mechanism for the development with respect to ecology and offsetting. The Modification of Consent Application is considered to have negligible environmental impacts on the natural and built environments and the social and economic impacts in the locality. It is highlighted that the offset site at Blackjack Mountain is still required under the Commonwealth Government’s approval and will be secured with a conservation mechanism. S79C(1)(c) the suitability of the Site for the Development The site is considered to be suitable for the development (as determined under the assessment of the original application). The development site is occupied by an existing gravel quarry operation, with the offset site being unoccupied. The impacts of the development were identified and the mitigation measures were conditioned on the original development consent in relation to noise, dust, traffic and biodiversity, to ensure that there will be no significant environmental impact resulting from the development. These conditions will remain on the modified consent. The site is considered to be suitable for the proposed development and modification. S79C(1)(d) & (e) any submissions and public interest The Modification of Consent Application was exhibited and notified for a period of 30 days in accordance with the relevant provisions of the Environmental Planning and Assessment Regulation, 2000 for designated development applications. No submissions were received from the public during the submission period. The application was also referred to the Environmental Protection Authority, Department of Planning and the Office of Environment and Heritage. The Office of Environment and Heritage and Environmental Protection Authority advised that they have no objections to the requested changes to the subject conditions. It is considered that the approval of the application will not be contrary to the public interest, subject to the implementation of the recommended amendments to the subject conditions of consent.

Conclusion The Modification of Consent Application seeks consent to amend the conditions relating to the BioBanking Agreement. The application has been assessed pursuant to the requirements of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000. The evaluation of the application has demonstrated that the proposed development is satisfactory in terms of the matters for consideration as identified by the legislation.


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It is recommended that, in relation to the Modification of Consent Application 2012/185.002 for the Expansion of the Blue Metal Quarry (Marys Mount) located at Lot 3 DP 1205024, 334 Pownall Road, Mullaley and Lot 2 DP 865898, ‘Beulah’, 259 Barker Road, Marys Mount, be approved subject to amendment to Conditions A1 and A6 and the deletion of Conditions A7 and J1.

ITEM 2 Development Application No. 2015/054 - Subdivision 2 into 25 lots (2 Stages) – Lot 662 DP39633 and Lot 680 DP723481 – 229 Kamilaroi Road, Gunnedah

MEETING Ordinary Meeting – 21 October 2015 DIRECTORATE Planning and Environmental Services AUTHOR Town Planner POLICY Nil LEGAL Environmental Planning & Assessment Act, 1979




the Environmental Planning and Assessment Act ATTACHMENTS Nil

OFFICER’S RECOMMENDATIONS:

That the Development Application No. 2015/054 for the Subdivision of 2 into 25 lots (2 Stages), at 229 Kamilaroi Road, Gunnedah, Lot 662 DP 39633 & Lot 680 DP 723481, be approved subject to the following conditions:

A. That development consent be granted subject to the following conditions:

A1. The proposed development shall be carried out generally in accordance with the

details set out in the following

• Development Application form lodged 22/06/2015; • Statement of Environmental Effects, prepared by Kathryn Yigman, dated

February 2015; & • Letter, dated 30 July 2015; Ref: 4214; & dated 3 September 2015, Ref: 4214; • Submitted plans:

• Prepared by Stewart Surveys, dated 29 January 2015, Ref: 4214, Sheet 1 (Subdivision Plan); dated: January 2015, Sheet 2 (Plan of Subdivision Arial), Sheet 3 (Building Envelopes), Sheet 4 (Plan of Subdivision), Sheet 5 (Vegetation Assessment), Sheet 6 (Vegetation Assessment), Sheet 7 (Soil Assessment), Sheet 3 (Rural Fire Service Overlay);

• Supporting Documents: • Site Services Strategy, prepared by Kathryn Yigman, dated February 2015,

Ref: 4214; • Traffic Impact Assessment, prepared by Kathryn Yigman, dated February

2015, Ref: 4214; • Bushfire Assessment Report, prepared by Kathryn Yigman, dated February

2015, Ref: 4214; except as otherwise provided by the conditions of consent.

Reason: To ensure compliance with application and plans.


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A2. To confirm and clarify the terms of this development approval, consent is granted for

the staged Subdivision in accordance with the following:

a) Stage 1: Lots 1-11 and associated infrastructure works; b) Stage 2: Lots 12-25 and associated infrastructure works;

Reason: To ensure correct staging is identified.

B. General Terms of Approval – NSW Rural Fire Service B1. The development proposal is to comply with the subdivision layout identified on the

following drawings prepared by Stewart Surveys Pty Ltd, except as modified by the conditions of this bush fire safety authority:

• Plan of Proposed Subdivision (ref: 4214) - sheet1 dated 29 January 2015; • Plan of Proposed Subdivision (ref: 4214) - sheet 2 dated January 2015; and • Rural Fire Service Overlay (ref: 4214) - sheet 3 dated January 2015.

Reason: As required under section 100B of the 'Rural Fires Act 1997' Water and Utilities B2. The electricity supply network required to service the subdivision shall comply with

section 4.1.3 of ‘Planning for Bush Fire Protection 2006’.

Reason: To provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building

B3. Public road access shall comply with section 4.1.3 (1) of 'Planning for Bush Fire

Protection 2006', except that the dead-end roads may be greater than 200 metres in length.

Reason: To provide safe operational access to structures and water supply for

emergency services, while residents are seeking to evacuate from an area

B4. Prior to the issue of subdivision certificate, the proposed fire trail shall be construction in accordance with section 4.1.3(3) of 'Planning for Bush Fire Protection 2006'. The fire trail shall include a link through proposed Lot 25 to the southern cul-de-sac turning circle on the proposed public road.

Reason: To provide suitable access for fire management purposes and maintenance of APZs.

B5. A restriction to the land use pursuant to section 88B of the 'Conveyancing Act 1919'

shall be placed on proposed Lots 4 to 14 and 25 over the proposed fire trail requiring:

• Gunnedah Shire Council shall maintain the fire trail in accordance with section 4.1.3(3) of the 'Planning for Bush Fire Protection 2006';

• That no gates, fences or obstructions shall be placed are permitted over the

fire trail for its full length through the proposed subdivision except for a gate at either end approved by the Rural Fire Service.

Reason: To provide suitable access for fire management purposes and maintenance of APZs.

C. Prior to Work Commencing C1. A Construction Certificate shall be obtained prior to commencement of any identified

stage of subdivision works and can be obtained by applying to either Council, or a private certifier. Please note that under Council’s currently planning instrument, Gunnedah Local Environmental Plan 2012, the Principal Certifying Authority must be the Council.


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C2. Sediment and erosion control measures must be installed prior to the commencement of any construction and maintained for the duration of the works in accordance with legislative requirements.

Reason: To ensure that adequate control measures are installed.

D. Prior to Issue of a Construction Certificate

D1. Engineering drawings and specifications for the construction and installation of all

works relative to the proposed subdivision shall be submitted to Council for approval prior to the issue of a Construction Certificate. The design of all works is to be related to the adjoining infrastructure. All drawings and specifications are to be in accordance with Council’s Engineering Guidelines for Subdivision and Development, 2013. Reason: To ensure compliance with application and plans.

D2. Erosion and sediment control facilities shall be provided to avoid damage to the

environment during construction. The plan and specification for these facilities are considered an integral part of the development and must be approved prior to the issue of a Construction Certificate. The approved erosion and sediment control measures are to be maintained throughout the construction of the development.

Reason: To ensure compliance with Council’s requirements.

D3. All works undertaken by contractors (ie. other than Council) shall be inspected by

Council to ensure that the works are undertaken in accordance with Council’s Engineering Guidelines for Subdivision and Development, 2013. The inspection fee for each section of the work carried out by contractors shall be paid to Council prior to the issue of a Construction Certificate.


D4. The contractors engaged on the development of the subdivision must maintain public

liability insurance cover to the minimum value of $20 million. The policy shall specifically indemnify Council from all claims arising from the execution of the works. Documentary evidence of the currency of the policy shall be provided to the Council prior to commencement of work and upon request, during the progress of the work.


E. General E1. To confirm and clarify the terms of this approval, consent is granted for Lots 1-24 shall

have a minimum area of not less than 1.2ha and Lot 25 shall have a minimum lot size of not less than 40ha.

Reason: To ensure compliance with the Gunnedah Local Environmental Plan, 2012.

Easements E2. A three (3) metre wide easement, in Council’s favour, shall be created over all water,

stormwater and Contour Banks located within any allotment as identified on development plans. Reason: To ensure compliance with Council’s requirements.


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Stormwater Drainage E3. Stormwater from the development site must not be concentrated onto adjoining land.

Stormwater is to be discharged to existing stormwater contours and/or table drains in accordance with Council’s Engineering Guidelines for Subdivision and Development, 2013. Reason: To ensure compliance with Council’s requirements.

Traffic and Street Signage E4. The preferred road name shall be submitted for Council’s consideration and approval

with the engineering drawings to ensure that the road is named in accordance with the adopted guidelines.


E5. The developer shall meet the cost to Council of supply and installation, of all street signage (both traffic and name) relevant for each stage. The Street Name signage shall be installed by Council upon completion of Construction Works. All traffic sings are to be erected by the developer.


Allotment Filling E6. All allotment filling will require a submission from the applicant’s Consulting Engineer.

The submission shall include drawings/specifications which shall clearly indicate the location and depth of proposed filling. Matters taken into consideration in the submission shall include drainage, services, fill material standards, compaction standards, dust control and impact on adjacent lands.


E7. Where allotment filling has been carried out, the “Works-As-Executed” plans shall

indicate the contours prior to and after filling and also the compaction test results.

Reason: To ensure compliance with Council’s requirements. Telecommunications E8. Telecommunication services shall be extended throughout each stage of the

development.

Reason: To ensure adequate services are provided. Stage 1 Electricity E9. Underground electricity shall be installed from the existing overhead lines and

extended within the road reserve of the proposed new road. The underground service is to provide service to Lots 1-11. All services shall be in accordance with Local supply authority guidelines.

Reason: To ensure adequate provision of electrical services are provided.

Road Works E12. The following road works shall be undertaken for Stage 1:

a) Construction of proposed Roads 1 and 2 from the existing formation of Eveleigh Road, including the Eveleigh Road and Road 1 intersection, to and including, the intersection of Road 2 and Road 3;


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b) Proposed Road 3 shall be constructed from the southernmost boundary of Lot

11, including the intersection of the Proposed Road 2 and Proposed Road 3, to and including the northern cul de sac turning area. The cul-de-sac turning area shall have a minimum sealed radius of 12 metres, within the designated road reserve; Road construction at the southernmost boundary of Lot 11 will require the provision of a temporary gravel turning circle within the road reserve at the termination of the bitumen seal, with a minimum radius of 12 metres;

All road formations shall be constructed with a minimum carriageway of 9 metres. The works shall be constructed in accordance with Council’s Engineering Guidelines for Subdivision and Development, 2013 and Austroads Specifications.

Reason: To ensure compliance with Council’s Engineering Guidelines for Subdivision and Development, 2013.

Access - Rural E10. Vehicular access shall be provided to Lot 2-11 from the proposed Road 3 and

proposed Road 2 or 3 for Lot 1 will require the construction a 4.5 metre wide concrete driveway and associated drainage structures across the verge and table drain, shall be constructed from the road should to the property boundary in accordance with Council's rural access crossing standards and specifications (RTA specification for a Typical Rural Property Access for a single unit truck). The location of the driveway shall be determined by the developer in consultation with Council.

a) Before commencement of this work, construction levels are to be obtained

from Council’s Infrastructure Services. A security bond, being half of the estimated cost of the construction work shall be lodged with Council, before work on the access is commenced.

b) Upon the satisfactory completion of the access by the developer, the

security bond will be released. Reason: To ensure access is provided and meets appropriate engineering

standards. Water Supply E11. A single water supply service shall be provided to each lot. The service shall be

provided by extending Council’s existing water main located in Eveleigh Road within the proposed road reserve to the southern boundary of Lot 11 and to the southern boundary of Lots 4 & 5. The water main shall be looped at the cul-de-sac head and connected back into the water main. All water service to be supplied at 90 degrees to new Water Mains. A stop valve and hydrant shall be installed at the end of the main line. All works are to be undertaken and inspected in accordance with Council’s Engineering Guidelines for Subdivision and Development, 2013. Note: A Water Application Form shall be submitted to Council, together with the installation costs. The installation costs are adopted in the Council’s 2015/2016 Management Plan. Revised rates adopted in the subsequent Management Plans will apply to lots released in later financial years. Reason: To ensure compliance with Council’s requirements.

Stage 2 Electricity E13. Underground electricity shall be installed from the existing underground power supply

located within the proposed road reserve and extended within the road reserve to the southern point of lot 18. The underground service is to provide services to Lots 12-25. All services shall be in accordance with Local supply authority guidelines.


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Reason: To ensure adequate provision of electrical services are provided.

Access - Rural E14. Vehicular access shall be provided to Lots 12-23 and Lot 25 from the proposed Road

3 and proposed Road 2 or 3 for Lot 24 will require the construction a 4.5 metre wide concrete driveway and associated drainage structures across the verge and table drain, shall be constructed from the road should to the property boundary in accordance with Council's rural access crossing standards and specifications (RTA specification for a Typical Rural Property Access for a single unit truck). The location of the driveway shall be determined by the developer in consultation with Council.

a) Before commencement of this work, construction levels are to be obtained

from Council’s Infrastructure Services. A security bond, being half of the estimated cost of the construction work shall be lodged with Council, before work on the access is commenced.

b) Upon the satisfactory completion of the access by the developer, the

security bond will be released. Reason: To ensure access is provided and meets appropriate engineering

standards. Road Works E15. Proposed Road 3 shall be constructed form the termination of the existing bitumen

seal within the proposed road reserve to the southern boundary of the development site. . The road construction will include the construction of a cul-de-sac turning area, with a minimum sealed radius of 12 metres, within the designated road reserve.

All road formations shall be constructed with a minimum carriageway of 9 metres. All works shall be completed in accordance with Council’s current Engineering Guidelines for Subdivision and Developments, a copy of which is available from Council’s offices or website.


E16. A Bus Stop shall be constructed on the south-eastern side of proposed Road 3 in the

vicinity of Lot 23, in accordance with Austroads Guidelines and RMS supplements. The actual location is to be confirmed with Council’s Infrastructure Services department.

Reason: To make provision of future expansion and ensure compliance with Council’s Requirements.

Water Supply E17. A single water supply service shall be provided to each lot. The service shall be

provided by extending Council’s existing water main located within the proposed road reserve at the southern end of proposed Lot 11 to the eastern boundary of Lot 25. The water main shall be looped at the cul-de-sac head and connected back into the water main. All water service to be supplied at 90 degrees to new Water Mains. A stop valve and hydrant shall be installed at the end of the main line. All works are to be undertaken and inspected in accordance with Council’s Engineering Guidelines for Subdivision and Development, 2013. Note: A Water Application Form shall be submitted to Council, together with the installation costs. The installation costs are adopted in the Council’s 2015/2016 Management Plan. Revised rates adopted in the subsequent Management Plans will apply to lots released in later financial years.


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F. During Construction

F1. Work on the development shall be limited to the following hours to prevent unreasonable disturbance to the amenity of the area:-

Monday to Friday - 7.00am to 5.00pm; Saturday - 8.00am to 1.00pm if audible on other residential premises, otherwise

7.00am to 5.00pm; No work to be carried out on Sunday or Public Holidays. Note: The builder shall be responsible to instruct and control sub-contractors

regarding the hours of work. Council will exercise its powers under the Protection of the Environment Operations

Act, 1997, in the event that the building operations cause noise to emanate from the property on Sundays or Public Holidays or otherwise than between the hours detailed above.

Reason: To ensure amenity of the neighbourhood is maintained.

G. Prior to the Issue of a Subdivision Certificate

G1. One set of approved construction drawings shall be amended to show the “work-as-

executed”. These drawings in both hard copy and electronic form shall be provided prior to issue of the subdivision certificate. The drawings are required to ensure that adequate records are maintained of community infrastructure. The drawing shall be certified by a registered surveyor or a Chartered Professional Civil Engineer. Also an electronic copy of the WAE in dwg format shall be also provided prior to the issue of the Subdivision Certificate.


G2. The subdivision certificate release fee shall be paid prior to the issue of a subdivision

certificate for each stage. Note: The fee will be imposed under the Council’s 2015/2016 Management Plan.

Revised rates adopted in the subsequent Management Plans will apply to lots released in later financial years.

Reason: To ensure payment of application fee. G3. Written notification shall be provided to demonstrate that telecommunication cables

have been provided to each lot. Reason: To ensure that telecommunication services are provided.

G4. Written notification shall be provided to demonstrate that an electricity supply

connection has been provided to each lot.

Reason: To ensure that electrical services are provided.


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G5. Prior to the issue of a Subdivision Certificate, the developer shall enter into a Deed of Agreement with Council for the registration of a caveat on the title of each lot created as part of development works. The Deed of Agreement is to identify that the caveat will be placed on each allotment prior to the registration of each individual title and shall be removed once only at such a time as the required headworks charges have been paid. All costs associated with the establishment of the Deed of Agreement shall be at the developer’s cost.

Reason: To ensure creation of the caveat on each allotment. G6. A caveat shall be placed on the title of each of the lots created by the subdivision of

Lot 5, DP 1179687, requiring a compliance certificate under Section 306 of the Water Management Act, 2000 to be obtained, prior to the sale of the property or the commencement of any development works on the lot, whichever occurs first:

A compliance certificate under Section 306 of the Water Management Act, 2000 must

be obtained from the Council (as the local water supply authority).

Note: Council requires the following payments to be completed prior to issuing a compliance certificate to allow continued funding of water and sewer facilities.

Water headworks contribution is $13,050 per lot The contributions are determined in accordance with the Development Servicing Plan for Gunnedah Shire Council Water Supply and Development Servicing Plan for Gunnedah Shire Council Sewerage commencing on 01 July 2012, a copy of which may be inspected at the office of the Council. The above contributions have been adopted under the Council’s 2015/2016 Operational Plan. Revised rates adopted by Council in the subsequent Operational Plans will apply to lots released in later financial years.

All legal costs associated with the establishment and removal of the caveat shall be borne by the developer. Reason: To ensure compliance with Council’s Contributions and Development Services Plan.

G7. A Restriction as to User, pursuant to Section 88B of the Conveyancing Act, 1988 is to

be submitted for Lots 1-24 to locate all buildings within the building as identified on the submitted plan prepared by Stewart Surveys, dated January 2015, Ref: 4214, Sheet 3 (Building Envelopes).

Reason: To ensure compliance with the submitted plans.

G8. A Restriction as to User, pursuant to Section 88B of the Conveyancing Act, 1988 is to

be submitted for Lots 1-24 to restrict the maximum height of any tank utilised for Council’s rural water supply services to 350m AHD.

Reason: To ensure compliance with the submitted plans.

PURPOSE The Development Application is being referred to Council for approval as the development requires a variation to the Gunnedah Development Control Plan 2015 regarding lot frontages ratio and maximum percentage of easements coverage and the deferment of the payment of head works contributions.


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Applicant: Stewart Surveys Owner: Emerge Developments Pty Ltd Property Description: Lot 662 DP 39633 & Lot 680 DP 723481,

229 Kamilaroi Road, Gunnedah BACKGROUND The Gunnedah Local Environmental Plan, 2012 was amended in July 2015 to enable the proposed subdivision. Proposed Development The development application is seeking approval for the subdivision of two (2) lots into twenty five (25) lots (2 Stages), which will include the construction of a new road and provision of services. The existing allotment is vacant with no structures or development on the property.


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COMMENTARY Issues S79C(1)(a)(i) the provisions of any environmental planning instrument Gunnedah LEP, 2012 The development site is zoned R5 Large Lot Residential and E3 Environmental Management under the provisions of the Gunnedah Local Environmental Plan, 2012. The development involves the creation of 23 additional allotments over two (2) stages. Subdivision of the property is permissible subject to compliance with the following Clauses: 4.1 – Minimum Subdivision Lot Size The minimum lot size for the development is 1.2 hectares per lot and proposed Lot 25 requires a minimum lot size of 40 hectares. The proposed lot sizes for Lots 1 to 24 will range from 1.2 hectares up to 1.38 hectares. Lot 25 will have a total area of 67.63 hectares. A condition will be imposed to ensure that Lots 1 to 24 are 1.2 hectare in size (or greater) and Lot 25 is a minimum of 40 hectares in size (or greater) at the time of the subdivision certificate being issued. 5.9 – Preservation Trees or Vegetation and 5.9AA Trees or vegetation not prescribed by development control plan The development may require the removal of trees for the construction of the new road formation and development within the building envelopes. Council’s Development Control Plan does not apply to the removal of any trees species or vegetation. Consequently, removal is permitted without development consent. 6.5 – Essential Services The development will extend Council’s rural residential water supply from Eveleigh Road within the road reserve of the new proposed road. The development will provide suitable road access with frontage of each lot to a public road. The development will be undertaken over 2 stages with services being provided to proposed Lots 1 – 11 during Stage 1 and the remaining lots during Stage 2. Sewerage and stormwater disposal will be addressed upon further development of each lot due to these services being provided individually via onsite retention. S79C(1)(a)(iii) provisions of any development control plan 1.8 – Consultation The development application was notified to adjoining land holders for a period of 14 days for receiving of submissions to the application. No submissions where received by Council during this time. 5.1 – Lot Size The proposed lot layout identifies all lots to be equal to the minimum lot size. To ensure that each lot has a minimum of 1.2ha, a condition shall be imposed to this effect. Lot 25 has an area of 67.63 hectares, which is greater than the minimum lot size requirement of 40 hectares. Each lot will have sufficient area for the construction of a dwelling house within the development setback requirements. The development does not comply with the frontage to depth ratios of 1:5 for Lots 4-6 and Lot 14. Lots 4-6 have frontage to the cul-de-sac head of the proposed road and hence are unable to provide adequate frontage to depth. Lot 14 has a frontage of 43.74m, with a length of 231.01 and 263.12m. The configuration of Lot 14 is consistent with the adjacent proposed lots, with the proposed variation supported. With the exception of Lot 14, all other lots have adequate frontage. Lot 25 is serviced via a battle-axe handle of 20m wide and 48.86m long. Each lot is able to accommodate a building area with a minimum dimension of 10 x 15 metre, whilst complying with the required dwelling setbacks.


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The development also proposes a variation to the maximum percentage of easement coverage of any lot. Due to the development requiring the creation of easements over the existing contour lines for stormwater management and to ensure the adequate provision of water, each of the lots will exceed the easement coverage. The variation of the maximum site coverage of easements and frontage to depth ratios is supported in this instance to ensure future servicing of the lots. 5.2 – Service Strategy A servicing strategy has been submitted with the development application. It is considered that the proposed servicing strategy will be consistent with proposed staging plan and requirements for provision of Council’s services. 5.3 – Sewer The minimum lot size for the development site is 1.2ha and hence the development does not require the provision of Council’s sewer services to the site. Each lot is required to apply for suitable onsite sewerage management systems upon further development. 5.4 – Water Council has an existing water main located in Eveleigh Road with capacity for a rural residential service. This existing service is to be extended within the road reserve as part of the development to ensure that a single water service can be provided to each lot. It has been identified that the existing main has adequate servicing capability for the additional lots. Due to the lot size requirement, Lot 25 will not require a water service connection. A caveat is to be placed on each lot to ensure that the water tanks are situated at a minimum height of 350m AHD to ensure that the water service can be provided to each lot. The submitted development plans have identified the approximate contour line to ensure that each lot is able to be provided with a rural residential water service.

5.5 – Stormwater Drainage The development site contains existing contour banks which have been constructed onsite that manage water runoff on and from the site. It is proposed to maintain these contour banks for continuation of stormwater management. Contour lines that are located within the road reserve and within building envelopes are to be removed and reconstructed. Easement lines will be created over all contour lines to ensure that they are maintained and no construction occurs over the contour that may result in it being compromised. The contour banks will direct cross-land stormwater flows to existing waterways that will carry stormwater through the natural water system. The development will include the construction of table drains along the road shoulder on either side to carry stormwater to waterway 1 and 3. These table drains are to be constructed of suitable size to ensure that they can cater for 1 in 5 year ARI level storm event. The stormwater design is considered to be suitable.


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5.6 – Telecommunications The development will include the provision of underground telecommunication services. A condition shall be imposed that evidence that the services have been installed shall be provided prior to the release of a subdivision certificate. 5.7 – Electricity Existing underground services are present within the road reserve of Eveleigh Road and overhead power lines are present in the unconstructed road reserve to the east of the site. Electrical services are to be extended throughout the site and will require the provision of underground supply. A connection is to be provided to each lot as part of development works. 5.8 – Battle-axe Shaped Lots Lot 25 will be serviced by an access handle with a width of 20 metres and a total length of 48.86 metres. Hence, The proposed access handle complies with the relevant development controls. 5.10 – Road Network Design Stage 1 of development works will involve the construction of two (2) new public roads from the existing formation of Eveleigh Road. The works will include the construction of a cul-de-sac turning area for vehicle manoeuvring which will ensure suitable vehicle access for Lots 1–11. Stage 2 will continue the construction of the unnamed road to service Lots 12–25 and will also include the construction of a turning area. The road network and proposed design will be adequate for the proposed subdivision. All road formations are to be constructed to of bitumen seal. The development does not require the installation of kerb and guttering with the road construction as the development site has a minimum lot size of greater than 3,000m2. Stormwater shall be disposed of via culverts within the road reserve. No cycleway or footpath construction is required. 5.11 – Staged Subdivision Development plans identify the undertaking of works over 2 stages. Services are to be extended where required for each stage of works. Conditions are to be imposed to ensure that the scope of each stage of works is clearly outlined. 5.12 – Cul-de-sac Each stage of development works will require the construction of a cul-de-sac head to enable vehicle turning within the road reserve. The cul-de-sac turning area will require a minimum radius of 13.5 metres to ensure that waste collection vehicles can manoeuvre within the road reserve. 5.13 – Landscaping The development does not include the planting of any trees within the road reserve. The development application has identified that additional tree planting has already been undertaken along the eastern boundary of the site within the lot boundaries. Due to the density of vegetation on lots 5-7 and the location of the building envelopes within the lot boundaries removal of vegetation will be required to allow for future development on these lots. Any tree removal within these lots will require assessment at the time of a separate development application.

5.14 – Site Access All lots will be provided within access to a public road. Lots will have access to either of the proposed new unnamed roads. New vehicle accesses are to be constructed for each allotment to Council’s rural access standard. 5.15 – Lot Orientation Each lot has good solar access within opportunities for future development to have adequate north facing aspects. 5.17 – Vegetation Existing vegetation shall be retained where required. Tree removal will be necessary for the construction of the new proposed roads as necessary.


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5.18 – Garbage Collection Each lot has adequate frontage for kerb side collection services. Road construction will be suitable for waste collection vehicles to access within the road reserve. The drop cops cul-de-sac turning area shall be of adequate size to enable manoeuvring of waste collection vehicles. 5.20 – Contamination The site has no historical land uses that could potentially lead to contamination of the site’s soils. 5.21 – Road Widths Each of the proposed road widths will be adequate for the potential number of dwellings that could be constructed on each allotment. Road widths are to be constructed to a minimum width of 9 metres to comply with Council’s Engineering Guidelines for Subdivisions and Developments. S79C(1)(b) the likely environmental impacts on the natural and built environments and social and economic impacts in the locality Context and Setting The development area adjoins the Porcupine Reserve. The surrounding development consists of large lot residential allotments and small agricultural holdings. The allotment is sloping and contains large amounts of vegetation to the western boundary as the slope increases. Access, transport and traffic The development site has existing access from Eveleigh Road. The development will require the construction of two new roads with road no.1 being constructed from Eveleigh Road within the existing road reserve. Proposed Road No.2 will be constructed over two stages and will provide direct access to each lot. All road formations are to be sealed and constructed to a minimum width of 9 metres. Utilities Council’s water services shall be extended within the road reserve from the existing service in Eveleigh Road. Building envelopes will be imposed on each allotment in regard to height service limitations for Council’s water services from reservoirs. A caveat is also to be imposed on each lot to ensure that rural water supply tanks are not to be provided above a level of 350m AHD. Council’s water headworks contributions are applicable to the proposed development. The developer has requested that these contributions be deferred until the sale or development of the lot is undertaken. Council has previously approved applications enabling the payment of head work contributions until the sale of the property. It is recommended that a condition of consent be imposed for the placement of a caveat on each parcel to ensure that headworks payments are made upon sale or development commences on each lot. The suitability of the Site for the Development The development will create 23 additional allotments that will be similar in size and shape to those of surrounding developments. Each lot will have adequate frontage and provision of services. Hence, the development is considered to be suitable for the development site. Conclusion The development is consistent with Council’s development controls regarding lot size and service provision. The proposed variations to the lot frontage for Lots 4-6 and 14, the maximum percentage of easements coverage and the deferment of the payment of headworks contributions is supported. It is recommended that as per the above report the proposed development and variations is recommended for approval.


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ITEM 3 Development Application No. 2015/083 – Carport – Lot 232 DP253856 – 84 Lincoln Street, Gunnedah






OFFICER’S RECOMMENDATIONS: That the Development Application No. 2015/083 for the construction of a carport at 84 Lincoln Street, Gunnedah, Lot 232 DP253856, be approved subject to the following conditions:


A1. The proposed development shall be carried out generally in accordance with the details set out in the following:

• Development Application form lodged 18/09/2015 • Statement of Environmental Effects, prepared by Applicant dated 06/08/215; and • Submitted plans:

• Prepared by Applicant, Drawing Nos.: (Site Plan), (Side Elevation & Front Elevation), (South Elevation),

• Supporting Documentation: • Prepared by Northwest Projects, dated: 07/09/2015, (Engineering

Specifications and Certification) except as otherwise provided by the conditions of consent. Reason: To ensure compliance with application and plans.

B. Prescribed conditions of development consent

Note: The following conditions are prescribed conditions and may or may not relate directly to this development.

B1. Compliance with Building Code of Australia and insurance requirements under

the Home Building Act 1989

(cf clauses 78 and 78A of EP&A Regulation 1994) (1) For the purposes of section 80A (11) of the Act, the following conditions are

prescribed in relation to a development consent for development that involves any building work:

(a) that the work must be carried out in accordance with the requirements

of the Building Code of Australia,


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http://legislation.nsw.gov.au/xref/inforce/?xref=Type%3Dact%20AND%20Year%3D1989%20AND%20no%3D147&nohits=y

(b) in the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

(1A) For the purposes of section 80A (11) of the Act, it is prescribed as a condition

of a development consent for a temporary structure that is used as an entertainment venue, that the temporary structure must comply with Part B1 and NSW Part H102 of Volume One of the Building Code of Australia.

(2) This clause does not apply:

(a) to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or

(b) to the erection of a temporary building, other than a temporary structure to which subclause (1A) applies.

(3) In this clause, a reference to the Building Code of Australia is a reference to

that Code as in force on the date the application is made for the relevant: (a) development consent, in the case of a temporary structure that is an

entertainment venue, or (b) construction certificate, in every other case.

Note. There are no relevant provisions in the Building Code of Australia in

respect of temporary structures that are not entertainment venues. Reason: To ensure compliance with the statutory requirements.

B2. Erection of signs (1) For the purposes of section 80A (11) of the Act, the requirements of

subclauses (2) and (3) are prescribed as conditions of a development consent for development that involves any building work, subdivision work or demolition work.

(2) A sign must be erected in a prominent position on any site on which building

work, subdivision work or demolition 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 work site is prohibited. (3) Any such sign is to be maintained while the building work, subdivision work or

demolition work is being carried out, but must be removed when the work has been completed.

(4) This clause does not apply in relation to building work, subdivision work or

demolition work that is carried out inside an existing building that does not affect the external walls of the building.

(5) This clause does not apply in relation to Crown building work that is certified,

in accordance with section 109R of the Act, to comply with the technical provisions of the State’s building laws.


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(6) This clause applies to a development consent granted before 1 July 2004 only if the building work, subdivision work or demolition work involved had not been commenced by that date. Note. Principal certifying authorities and principal contractors must also

ensure that signs required by this clause are erected and maintained (see clause 227A which currently imposes a maximum penalty of $1,100).

Reason: To ensure compliance with the statutory requirements.

B3. Notification of Home Building Act 1989 requirements

(1) For the purposes of section 80A (11) of the Act, the requirements of this

clause are prescribed as conditions of a development consent for development that involves any residential building work within the meaning of the Home Building Act 1989.

(2) Residential building work within the meaning of the Home Building Act 1989

must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

(a) in the case of work for which a principal contractor is required to be

appointed: (i) the name and licence number of the principal contractor, and (ii) the name of the insurer by which the work is insured under

Part 6 of that Act, (b) in the case of work to be done by an owner-builder:

(i) the name of the owner-builder, and (ii) if the owner-builder is required to hold an owner-builder permit

under that Act, the number of the owner-builder permit. (3) If arrangements for doing the residential building work are changed while the

work is in progress so that the information notified under subclause (2) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

(4) This clause does not apply in relation to Crown building work that is certified,

in accordance with section 109R of the Act, to comply with the technical provisions of the State’s building laws.

Reason: To ensure compliance with the statutory requirements.

C. Prior to Commencement of Building Works

C1. Prior to work commencing appropriate measures are to be implemented in relation to

erosion and sediment control. Such measures are to be maintained during the construction of the development in accordance with Council’s Gunnedah Development Control Plan 2012.

Reason: To ensure erosion and sediment control on the development site.

D. General

D1. Colours and textures of materials of Carport shall be non-reflective and as such will

not conflict with the existing landscape.


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Reason: To ensure visual amenity of the area is maintained.

D2. Any further development on the site will require a separate development application and approval from Council.

Reason: To ensure compliance.

E. During Construction Works

E1. Inspections by the Principal Certifying Authority – Mandatory Critical Stage

Inspections

48 hours prior to the covering of the following works, the Principal Certifying Authority appointed pursuant to Section 81(2)(b) of the Environmental Planning and Assessment Act 1979 shall be notified that works are ready for inspection. (Note: Inspection in bold type are mandatory critical stage inspections under the Act and MUST be carried out by the Principal Certifying Authority. If these inspections are not carried out by the Principal Certifying Authority an Occupation Certificate cannot be issued). (a) Piers (if any) prior to pouring of concrete (b) Footing trenches with reinforcement prior to pouring of concrete (c) Concrete slab formwork with reinforcement prior to pouring of concrete (d) Structural framework including roof members. When completed prior to

the fixing of any internal sheeting (e) Final inspection prior to use of the building

The above listed works may not be covered until approval is obtained from the Principal Certifying Authority or his/her duly appointed delegate.

Reason: To ensure compliance before, during and after construction

E2. A stamped copy of the development consent, the approved plans and specifications

are to be kept at the construction site at all times during the construction period.

Reason: To ensure compliance with the approved application plans. E3. No permanent structures are to be placed on any easement.

Reason: To ensure legal requirements. E4. The storage of all building materials shall be confined within the boundaries of the

allotment.

Reason: To ensure site safety. E5. Roof water to be discharged to the street gutters in sealed stormwater pipes. If these

works necessitates the cutting of the kerb and guttering the works shall be carried out in accordance with Council’s footpath, kerb and gutter construction standards. Where disposal to street gutters is not practical all roof-water is to discharge through a collection tank of at least 1000 litre capacity and the overflow is to be directed to a rubble drain 5m long, 600mm deep and 600mm wide. The drain shall be positioned across the slope of the land and so as to not direct water under the building or into adjoining property so as to cause a nuisance. Reason: To ensure efficient dispersal of storm water.


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E6. Toilet facilities

Prior to works commencing on site, toilet facilities must be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at this site. Each toilet provided must be: (a) a standard flushing toilet connected to a public sewer, or (b) have an on-site effluent disposal system approved under the Local

Government Act 1993, or (c) be a temporary chemical closet approved under the Local Government Act

1993. Note1: The provision of toilet facilities in accordance with this condition must be

completed before any other work is commenced and the toilet facility must not be removed without the prior written approval of Council.

Note 2: “Vicinity” in this condition means within 50 metres of the subject building site. Note 3: The toilet facilities are to comply with all WorkCover NSW requirements. Reason: To provide adequate sanitary facilities during the construction phase. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979. As amended.

E7. Work on the development shall be limited to the following hours to prevent unreasonable disturbance to the amenity of the area:-

Monday to Friday: 7.00am to 5.00pm

Saturday: 8.00am to 1.00pm if audible on other residential premises, otherwise 7.00am to 5.00pm.

No work to be carried out on Sunday or Public Holidays. Note: The building shall be responsible to instruct and control sub-contractors

regarding the hours of work. Council will exercise its powers under the Protection of the Environment Operations Act, 1997, in the event that the building operations cause noise to emanate from the property on Sundays or Public Holidays or otherwise than between the hours detailed above. Reason: To ensure amenity of the neighbourhood is maintained.

G. Prior to issue of an Occupation Certificate

G1. Occupation of the building is not to occur until all Conditions of Consent have been

satisfied and an Occupation Certificate has been issued by the Principal Certifying Authority.

Reason: To meet statutory requirements


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PURPOSE The Development Application is being referred to Council for approval as the development requires a variation to the Gunnedah Development Control Plan 2015 regarding the height measured to the eave of the proposed carport. Applicant: D.J & K.N Gibson Owner: Mr I M White Property Description: Lot 232 DP 253856,

84 Lincoln Street, Gunnedah Proposed Development The development application is seeking approval for the construction of a carport that is to be constructed to the front of the existing dwelling over the internal driveway.


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COMMENTARY Issues S79C(1)(a)(i) the provisions of any environmental planning instrument Gunnedah LEP, 2012 The development site is zoned R2 Low Density Residential under the provisions of the Gunnedah Local Environmental Plan, 2012. The development proposes to construct a carport in front of the existing dwelling. The carport is permissible, as it complies with the following clauses of the Gunnedah Local Environmental Plan 2012: 4.4 – Floor Space Ratio The development complies with the development floor space ratio with an area of 48.45m2 and a floor space ratio of 0.373:1 or 37% site coverage. 5.9 – Preservation Trees or Vegetation The development does not require the removal of any trees from the site. 6.5 – Essential Services The development site has the provision of existing services to the site. Council’s water and sewer services are connected to the site. The site has provision of overhead power supply that is connected to the dwelling. The site has suitable vehicle access from Lincoln Street. S79C(1)(a)(iii) provisions of any development control plan 1.8 – Consultation The development application was notified to adjoining land holders for a period of 14 days. No submissions where received by Council during this time. 2.1.1 - Building Setbacks The proposed carport is proposed to be located within the front building setback of the allotment. The carport is to be set 4 metres from the property boundary to Lincoln Street at the closest point to the property boundaries. The application has requested compliance with Part 2.1.8a – Discretionary Development Standards for compliance with setback requirements. 2.1.2 – Building Height of a Dwelling The proposed carport will exceed the development standard for the height at the eave. The carport proposes a height of 3.5 metres from the ground level to the eaves, with the development standard being 3.3 metres. The exceedance is the result of the slope of the land and the ability for vehicles to enter the carport.


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Despite the proposed carport being higher than the required height to the eave, the total height of the carport will not exceed the development standard of 4.2 metres to the topmost point of the structure. As the carport will not exceed the total height restriction, the variation to the maximum eave height is supported. 2.1.3 – Utilities The development allotment does not contain any registered easements nor is there any Council infrastructure located within the boundaries of the site that does not have an easement placed over it. 2.1.5 – Design and Solar Access The location of the proposed carport will not result in any overshadowing of adjoining allotments. The development will not block solar access for the existing dwelling. 2.1.8 – Outbuildings, Carports and Detached Garages The development proposes the construction of a new carport in the forward area of the dwelling. The carport is to be 48.85m2 in size and will have a height of 42m to the topmost ridge line. The roof profile will have a pitch of 14o. The carport will have side dimensions of 5.5m x 8.5m. 2.1.8a – Discretionary Development Standard The proposed carport is to be located in front of the existing dwelling house and will be set a minimum of 4m from the property boundary in compliance with this discretionary development standard. The carport has been designed with a pitched roof to complement the existing roof structure of the existing dwelling and proposed colours and materials are to be the same as those of the existing house. It is considered that the proposed carport will comply with the requirements of the discretionary development standard. 2.1.10 – Access The development site has frontage to Edward and Rodney Streets. There is an existing vehicle access from Rodney Street that is to be maintained for the development. S79C(1)(b) the likely environmental impacts on the natural and built environments and social and economic impacts in the locality Context and Setting The development site contains an existing house. The surrounding area is predominantly residential, containing individual dwelling houses. The proposed development is expected to be consistent with development on the site and adjoining lots. Access, transport and traffic The development site has frontage to Lincoln Street for vehicle access. The development is additional to the dwelling onsite and will not result in an increased number of vehicle movements to or from the site. The surrounding road network is considered to be suitable for the development. Other land resources The development will be ancillary to the existing dwelling. The proposed carport is to be constructed to the front of the existing dwelling and will be constructed of similar materials and design to that of the house to limit the potential visual impact from the development. Site design and internal design The development will be compliant with the required development setbacks. The carport is to be constructed forward of the dwelling with access provided from Lincoln Street. The suitability of the Site for the Development The development site is considered to be suitable as the carport will be additional to the existing dwelling and will be constructed over the existing internal driveway. The development will not require the removal of any trees. All services are present and suitable for the proposed development with no connection expected during works. Hence the site is suitable for the development.


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Conclusion With the carport complying with the maximum height limit, the proposed variation to the height at the eave is supported. Hence, the development application is supported and recommended for approval.

ITEM 4 Gunnedah Koala Strategy MEETING Ordinary Meeting – 21 October 2015 DIRECTORATE Planning and Environmental Services AUTHOR Manager Development and Planning POLICY Nil LEGAL Environmental Planning & Assessment Act 1979

SEPP No 44 – Koala Habitat Protection FINANCIAL Nil STRATEGIC LINK Community Strategic Plan

4.1.3 Ensure that green spaces support and encourage our valuable Koala population to traverse the area and encourage animal health and breeding

4.2.2 Continue to develop and implement management and rehabilitation programs with high priority to wildlife corridors, stands of remnant vegetation and significant natural landscapes and soil types.

4.3.3 Provide the Shire with strategies to protect and nurture the koala population

Operational Plan 4.3.3.1 Creation and implementation of strategies to sustain the koala

population across the Shire ATTACHMENTS 1. Draft Gunnedah Koala Strategy 2 Draft Gunnedah Koala Strategy Submission

OFFICER’S RECOMMENDATION:

That the Draft Gunnedah Koala Strategy be endorsed by Council with the amendment of Clause 3.6 to include the following: a) Predation by dogs, cats and foxes b) Diseases including chlamydia and conjunctivitis.

PURPOSE This report is referred to Council as it involves the Koala Strategy. BACKGROUND Council resolved at the June 2015 Planning, Environment and Development Committee Meeting to amend the draft Gunnedah LGA (part) Comprehensive Koala Plan of Management to a Koala Strategy, with the draft Koala Strategy being placed on public exhibition following the resolution of the September 2015 Extra-ordinary meeting of Council. COMMENTARY The draft Koala Strategy utilises the draft Gunnedah LGA (part) Comprehensive Koala Plan of Management and incorporated the recommendations of Council from the April 2015 Ordinary Meeting. The draft Koala Strategy aims to achieve a more effective outcome for the sustainability of the koala and its habitat within the whole Gunnedah Local Government Area.


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The draft Koala Strategy was publicly exhibited for 40 days from 11 August to 25 September, 2015. During this period, one (1) submission was received. The submission made the following suggestions for inclusion in the document:

• The strategy should recognise: o The high rate of failure attempts to translocate koalas, with very high fatality rates in

translocations of koalas in other parts of NSW o That predation by dogs and cats (both domestic and feral) has had a significant effect

on the koala population in the area. o That chlamydia and conjunctivitis are significant diseases in the local koala

population. Chlamydia kills koalas both directly and through the rendering of koalas incapable of feeding and defending themselves.

A copy of this submission is attached to this report for the information of Councillors. Comment: The draft Koala Strategy provides a guide for development and encourages the conservation and management of Koala habitat. Clause 3.6 outlines the threats to Koalas, which includes habitat loss, disease and predation by dogs. It is recommended that Clause 3.6 also include the following;

predation by dogs, cats and foxes diseases including chlamydia and conjunctivitis

The translocation koala is related to specific developments. Hence, it would a consideration for each application and assessed on its merits.

• There must be a specific provision for the protection of koalas and their habitat in the

Gunnedah DCP.

Comment: The Gunnedah Development Control Plan does not contain a specific provision for the protection of koalas and their habitat as it is considered that there are adequate provisions under the state legislation to ensure the protection of koalas and their habitat.

• Any development which proposes the translocation of koalas must be rejected, in recognition of the high fatality rate in translocations and the fidelity of koalas to their home ranges. Comment: Council is unable to include this particular recommendation in the Koala Strategy as each development application is to be assessed on its merits and will have regard to the applicable best practice and policy guidelines in place at the time of assessment of the Development Application.

• Encouragement of desexing of dogs and cats should be part of the plan, in that it would reduce the predation of koalas by domestic animals and the incidence of feral dogs and cats. Comment: With introduction of the Companion Animals Act, 1998, responsible pet ownership was encouraged, including the desexing of dogs and cats. The Koala Strategy is a guide for development, outlining the threats to koalas (including predation for dogs and cats). Hence, it is considered that the desexing of dogs and cats should be encouraged through the proactive application of the provisions of the Companion Animals Act and associated community education campaigns.

• There must be a standing order prohibiting the felling of trees which provide either a food source to koalas. Any application for the felling of trees must be assessed with the interests of the koala population paramount.


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Comment: The draft Koala Strategy provides a guide for development and encourages the conservation and management of Koala habitat. The Strategy does not have any legal implications in regard to tree removal. There is existing state and federal legislation (which is listed in the Strategy) that applies to the removal of trees identified as koala habitat.

• The Council should encourage the education of the population with respect to koala health, particularly the incidence and effects of chlamydia. Comment: Clause 4.1.1.2 and 4.1.2.2 notes increasing community awareness and knowledge regarding the threats to Koalas and habitat usage, as a key management objective.

Conclusion The Gunnedah Koala Strategy provides a guide for development, by outlining the relevant legislation and its relationship to the management of impacts on the Koala and its habitat. For each development application, the provisions of State Environmental Planning Policy No 44 Koala Habitat Protection and all other relevant legislation are assessed. Consequently, additional policy controls are not recommended to be implemented in the Strategy, to ensure that there are no inconsistences between the various items of legislation. It is recommended that the Draft Gunnedah Koala Strategy be endorsed, subject to the following amendments:

• Clause 3.6 to include the following; o predation by dogs, cats and foxes o diseases including chlamydia and conjunctivitis.

ITEM 5 Modification of Consent No. 2015/060.002 –Amendment to Road Width Requirements and Condition Wording – Lot 4 DP1206945 – 51 Booloocooroo Road, Gunnedah






OFFICER’S RECOMMENDATIONS:

That the Modification of Consent No. 2015/060.002 for the amendment to Road width requirements and condition wording, at Lot 4 DP1206945, 51 Booloocooroo Road, Gunnedah, be approved subject to the following:


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• deletion of conditions D9 & D12 and • insertion of the following conditions:

D9a. Blackjack Forest Road shall be upgraded to a bitumen seal from the intersection of

Wandobah Road and Blackjack Forest Road to a point 20 metres past the eastern boundary of proposed Lot 4. The works shall be constructed in accordance with Council’s Engineering Guidelines for Subdivision and Development, 2013 and Austroads Specifications.

All road formations shall be constructed with a minimum carriageway of 11 metres. All works shall be completed in accordance with Council’s current Engineering Guidelines for Subdivision and Developments, a copy of which is available from Council’s offices or website.


D12a. The following road works shall be undertaken for Stage 2:

c) Blackjack Forest Road shall be constructed from the existing bitumen formation to the intersection of Blackjack Forest Road and Booloocooroo Road. The road construction is to include the construction of a concrete causeway in the low spot identified on plans prepared by Stewart Surveys, dated June 2015, Ref: 4371 ST2 (Stormwater Strategy).

d) The unnamed proposed road shall be constructed from the intersection of the unnamed proposed road and Blackjack Forest Road. The road construction will include the construction of a cul-de-sac turning area, with a minimum sealed radius of 11.5 metres, within the designated road reserve.

Black Jack Forest Road shall be constructed with a minimum carriageway of 11 metres. The unnamed road shall be constructed with a minimum carriageway of 9 metres. The works shall be constructed in accordance with Council’s Engineering Guidelines for Subdivision and Development, 2013 and Austroads Specifications.


F6a. A caveat shall be placed on the title of each of the lots created by the

subdivision of Lot 4, DP 1206945, requiring a compliance certificate under Section 306 of the Water Management Act, 2000 to be obtained, prior to the sale of the property or the commencement of any development works on the lot, whichever occurs first:

A compliance certificate under Section 306 of the Water Management Act, 2000 must

be obtained from the Council (as the local water supply authority).

Note: Council requires the following payments to be completed prior to issuing a compliance certificate to allow continued funding of water and sewer facilities.

Water headworks contribution is $13,050 per lot The contributions are determined in accordance with the Development Servicing Plan for Gunnedah Shire Council Water Supply and Development Servicing Plan for Gunnedah Shire Council Sewerage commencing on 01 July 2012, a copy of which may be inspected at the office of the Council. The above contributions have been adopted under the Council’s 2015/2016 Operational Plan. Revised rates adopted by Council in the subsequent Operational Plans will apply to lots released in later financial years.


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All legal costs associated with the establishment and removal of the caveat shall be borne by the developer. Reason: To ensure compliance with Council’s Contributions and Development Services Plan.

PURPOSE The modification of consent application is being referred to Council as the original development application was determined by Council and hence any further determination requires Council approval. Applicant: Mrs Kathryn Yigman Owner: K & A Capital Investment & Stewart Stock & Property Property Description: Lot 4 DP 1206945,

51 Booloocooroo Road, Gunnedah Proposed Development The modification of consent is seeking amendment to conditions relating to road construction of the unnamed road and cul-de-sac to revert road width to be consistent with the Gunnedah Development Control Plan 2012 requirements for R5 zonings. The modification will also remove a wording error within Condition D9 and incorrect referenced Lot and DP number within condition F6. BACKGROUND Council recently approved the subdivision for one lot into 18 lots over 2 stages, resolution no. 13.08/15. The subdivision included the construction of Black Jack Forest Road, a new unnamed cul-de-sac road and extension of services within the road reserve. Conditions regarding road construction required the construction of all road formation at 11 metres in width.

Approved Subdivision layout as per DA consent 2015/060


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COMMENTARY Issues S79C(1)(a)(i) the provisions of any environmental planning instrument Gunnedah LEP, 2012 The development site is zoned R5 Large Lot Residential under the provision of the Gunnedah Local Environmental Plan, 2012. At the time the development application was approved, the development complied with the relevant sections of the Gunnedah Local Environmental Plan 2012. The modification will not affect the provision of services or alter the size of each development lot to be created. Hence, it is regarded that the modification of consent is consistent with the requirements of the Gunnedah LEP 2012. S79C(1)(a)(iii) provisions of any development control plan 1.8 – Consultation The Modification of Consent did not require notification to adjoining land holders as the modification was a minor modification to the development consent. 5.2 – Service Strategy The modification of consent will not affect the provision of services to each lot. 5.10 – Road Network Design The modification will retain the requirement for the road network to be upgraded to a sealed surface. The size and location of the proposed road reserves will not be affected as a result of the proposed amendments to the application. An amendment will be made to conditions relating to headworks payment to ensure that the reference for the placement of a caveat, is amended to the correct Lot and DP numbers. 5.21 – Road Widths The modification of consent seeks to amend the road width requirement for the unnamed road from 11 metres to 9 metres. The amendment is to ensure that the development requirements are consistent with the road width requirements as listed within the Rural Residential (R5) road requirements of the Gunnedah DCP 2012. The proposed modification of consent will not increase the number of lots or result in any additional traffic movement. The modification to the development consent is also required to amend the road width of the un-named road. The un-named road was made 11 metres in width to be consistent with Black Jack Forest Road. The modification will correct the condition D12 requiring road widths to align with DCP requirements and will amend the conditions regarding the construction of road widths for stage 2 to clearly define the road width differences between distributor roads and standard road width requirements for rural residential land zonings. Black Jack Road is to be retained as an 11 metre road formation width due to its positioning between two Distributor Roads and its future expected dedication as a Distributor Road (Bus Route). Hence road formation requirements will be retained for Black Jack Road. S79C(1)(b) the likely environmental impacts on the natural and built environments and social and economic impacts in the locality Context and Setting The development site is currently vacant. The surrounding area is predominately large lot residential with surrounding lots being similar in size to the proposed lots. The majority of the surrounding allotments have been development for residential purposes.


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Access, transport and traffic The modification will not impact on the staging of road construction. Black Jack Road is to be upgraded during both stages of development and the unnamed road is to be constructed during stage 2. The modification will not result in any predicted change to traffic levels and hence the proposed road construction formation is considered to be suitable. The suitability of the Site for the Development Council has previously determined that the development site is suitable for the proposed development. The development is considered to be substantially the same development and hence the modification is considered to be suitable for the development site. Conclusion The modification is supported to correct an error within Condition D9 to remove the incorrect additional wording within the condition, and F6 to amend the referred Lot and DP numbers to the correct details of the development allotment. The amendment to clarify the requirement for a minimum width of 9 metres for the unnamed road reserve is also supported. Hence, the modification of consent is recommended for approval. Donna Ausling ACTING DIRECTOR PLANNING AND ENVIRONMENTAL SERVICES


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Gunnedah

Koala Strategy


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2 | P a g e

Contents Page Number

Background and Acknowledgements 4

1. Introduction 8

1.1 Gunnedah Shire 8

2. Relevant Legislation 10

2.1 Commonwealth Legislation 10

2.1.1 Environment Protection and Biodiversity Conservation Act 1999 10

2.1.2 National Koala Conservation Strategy 10

2.2 State Legislation 11

2.2.1 Threatened Species Conservation Act 1995 11

2.2.2 Environmental Planning and Assessment Act 1979 11

2.2.3 National Parks and Wildlife Act 1974 11

2.2.4 Native Vegetation Conservation Act 2003 11

2.2.5 State Environmental Planning Policy (SEPP44) – Koala Habitat Protection 11

2.3 Local Legislation 12

2.3.1 Gunnedah Local Environmental Plan 2012 12

3. Koalas 13

3.1 Species Description 13

3.2 Distribution 13

3.3 Habitat 13

3.4 Diet 14

3.5 Breeding 15

3.6 Threats 15

4. Koalas in Gunnedah Shire 17

4.1 Species Description 17

5. Planning and management recommendations 21

5.1 Relationship of the Koala habitat map to SEPP44 21

5.2 Planning Controls 21

5.3 Buffers 22

5.4 Further recommendations 22

6. References 23

6.1 Primary References 23

6.2 Other References 23


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List of Figures 5

A. Locality of study area with Gunnedah and Curlewis Focus Area 5 B. Distribution and Classification of Regional Vegetation Communities across the

Gunnedah Study Area in terms of Koala Habitat Classifications 6

C. Gunnedah and Curlewis Focus Areas and Land Tenure within the Study Area 7

4.1 Gunnedah and Curlewis Focus Area and Land Tenure 19

4.2 Distribution of Koala Activity in the Curlewis Focus Area 20

List of Tables 15

3.1 Koala Feed Tree Species in the Western Slopes and Plains Koala Management Area 15


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Background and Acknowledgements Gunnedah Shire Council engaged Greenloaning Biostudies to prepare a Comprehensive Koala Plan of Management

(CKPoM) for an area covering approximately one third of the Gunnedah Shire Local Government Area (LGA). The draft

CKPoM plan covered an area of approximately 2,172 square kilometres, encompassing the main extent of known Koala

occurrence and occupying the central portion of the Gunnedah LGA, as shown in Figure A. Two development areas, one

encompassing the Gunnedah urban area and adjoining lands to the west and south, the other at Curlewis to the south

of Gunnedah (refer to Figure B), were identified as focus areas for more detailed surveys.

The CKPoM was co‐funded through the Caroona Coal Project (BHP Billiton) Community Fund. A draft CKPoM was

prepared and publicly exhibited.

Following exhibition period, the draft CKPoM was amended in consultation with the Department of Planning and

Environment. Council resolved to re‐exhibit the draft CKPoM. However, prior to re‐exhibition and following recent

discussions with the Department of Planning and Environment, Council resolved to prepare a Koala Strategy instead of a

re‐exhibiting the draft Gunnedah LGA (Part) CKPoM. The Koala Strategy will apply all of the Gunnedah LGA and has

utilized the information from the draft CKPoM prepared by Greenloaning Biostudies.


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Figure A Locality of study area with Gunnedah and Curlewis Focus Area (Greenloaning Biostudies)


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Figure B Distribution and Classification of Regional Vegetation Communities across the Gunnedah Study Area in terms of Koala Habitat Classifications (Greenloaning

Biostudies)


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Figure C Gunnedah and Curlewis Focus Areas and Land Tenure within the Study Area (Greenloaning Biostudies)


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1. Introduction

Council resolved to prepare a Koala Strategy for the Gunnedah Local Government Area (LGA).

Koalas (Phascolarctos cinereus) are tree‐dwelling, medium‐sized marsupials that have an iconic status in Australia.

Within New South Wales (NSW), Koalas are listed as vulnerable under the Threatened Species Conservation Act 1995

and core koala habitat is protected under State Environmental Planning Policy No. 44 – Koala Habitat Protection

(SEPP44).

The Koala Strategy aims to guide development and encourage the conservation and management of Koala habitat

through land use planning and other appropriate measures.

To achieve the aim, the Strategy objectives comprise:

Encourage management of areas of Koala habitat and associated Koala populations;

Increase community and public awareness concerning Koala conservation and management;

Reduce Koala road mortalities;

Increase habitat linkage opportunities; and

Establish a Koala habitat regeneration and/or rehabilitation program.

It should be noted that this Koala Strategy does not however represent a Koala Plan of Management under SEPP44.

1.1 Gunnedah Shire

Gunnedah Shire is located in north western New South Wales. It sits at the southern end of the Nandewar

Range and lies within the upper catchment area of the Namoi River. The Local Government Area (LGA) has an

area of 4,992 square kilometres and is the centre of the highly productive Liverpool Plains area. The LGA

compromises a predominantly rural environment, with Gunnedah being the predominant urban settlement.

Outlying villages include Curlewis, Mullaley, Carroll, Breeza and Tambar Springs.

The original inhabitants of Gunnedah were the Gunn‐e‐darr people of the Kamilaroi tribe, with European

settlement commencing in the 1830's. The township of Gunnedah itself was gazetted in 1856. Although

the Gunnedah area has a strong agricultural background, mining has also formed an important part of the

area's development history and there have been continuous coal mining operations for 130 years. There are

a number of current and proposed coal mining operations within the LGA, as well as Coal Seam Gas

exploration. These two industries, together with agricultural enterprises, are important drivers of the local

economy, as well as having the potential to contribute to impacts on Koalas and their habitat. Tourism, led

by Gunnedah's “Koala Capital of the status is also a large and growing industry.

Whilst there are important areas of Koala habitat under public ownership and subject to various levels of

protection, by far the greater proportion of Koala habitat within the Gunnedah study area (identified within

the draft CKPoM, Greenloaning Biostudies) is privately owned. This pattern of land tenure means that

controls on Koala habitat vary throughout the study area as a reflection of differing legislative requirements

that affect planning bushfire and clearing controls. It also means that effective Koala conservation and

management is a responsibility spread across the entire community.

The LGA is located within the Liverpool Plains sub‐catchment of the Brigalow Belt South Bioregion, which has

variable soils and vegetation. Basalt capped outcrops are a visual feature of the landscape in many sectors in

the form of conical or flat‐topped hills rising out of the surrounding plains, these hills typically supporting

remnant woodland. Dominant vegetation over the LGA comprises various types of eucalypt woodlands,

common species including White Box (Eucalyptus albens), Poplar Box (E. populnea), Tumbledown Gum (E.

dealbata), White Cypress Pine (Callitris glaucophylla), ironbarks and River Red Gum (E. camaldulensis) along

drainage lines.


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In total, over 80 per cent of the vegetation within the LGA has been cleared, most of this clearing

occurring by 1920 (Smith 1992). The more fertile floodplains been more extensively cleared, which form

part of the Upper Namoi Valley Basin, encompassing the Liverpool Plains, renowned for the rich black soils

and valued for agricultural uses (Edge Land Planning 2007).


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2. Relevant legislation and plans

Community and political interest in the management of Koalas is reflected by a range of Commonwealth, State and

Local‐based statutory measures that are generally intended – in the broader context of sustainability principles ‐ to

minimise impacts upon Koalas and their habitat. Environmental legislation and policies create the framework for

which Council makes planning and land use decisions and considerations of the effects on threatened biodiversity,

including the Koala and their habitat.

A brief summary of the relevant tiers of legislation and planning instruments for Koalas and their habitat is

provided below.

2.1 Commonwealth Legislation

2.2.1 Environment Protection and Biodiversity Conservation Act 1999 (EPBC)

The provisions of the Environment Protection and Biodiversity Conservation Act 1999 are triggered by

developments that may have a significant impact on Matters of National Environmental Significance including

threatened species.

The Koala is now listed under the EPBC Act as a Vulnerable Species throughout NSW, Qld and the ACT.

This ‘part‐range’ listing of the species recognises that, whilst at the national level the eligibility criteria

for listing as threatened is not met, there are major conservation problems across much of the Koala’s

range, and the outlook is bleak within many areas of NSW/Qld, with potential extinction in the ACT (TSSC

2012). The EPBC Act has the ability to over‐ride the majority of State legislation detailed below and the

Gunnedah LGA does contain “important” Koala populations as defined by this legislation. As a consequence

of this listing, there may be some large‐scale development applications/re‐zonings that have the potential to

impact upon Koalas and/or their habitat within the Gunnedah LGA at a scale that require referral to the

Federal Government; Significant Impact Guidelines (DEWHA 2009) are available to assist this process.

The preparation of a recovery plan for the Koala has been recommended under the EPBC Act Approved

Conservation Advice and will be prepared following the expiration of the National Koala Conservation and

Management Strategy in 2014.

2.1.2 National Koala Conservation Strategy

The Australian and New Zealand Environment and Conservation Council has prepare a National Koala

Conservation Strategy (Australian and New Zealand Environment and Conservation Council 1998) that

highlights the cultural significance of the species, while at the same time recognizing that it doesn’t meet the

criteria listing as Threatened. The strategy includes the following objectives:

Conserve Koalas in their existing habitat

Rehabilitate and restore Koala habitat and populations

Develop a better understanding of the conservation biology of Koalas

Ensure that the community has access to factual information about the distribution, conservation and

management of Koalas at the national, state and local scale

Manage captive, sick or injured Koalas and orphaned wild Koalas to ensure consistent and high standards

of care

Manage over‐browsing to effectively prevent both Koala starvation and ecosystem damage in discrete

patches of habitat.


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2.2 State Legislation

2.2.1 Threatened Species Conservation Act 1995 (TSC)

The TSC is the Act under which Threatened species, population and communities are listed. Listing under the

Act provides statutory protection for these species and communities and provides a mechanism by which

impacts are assessed during the development application process.

The Koala is listed under the TSC Act as a Vulnerable Species throughout NSW. Part 4 of the TSC deals

with the preparation of recovery plans. The object of a recovery plan is to promote the recovery of the

Threatened species, population and ecological community to which it relates to a position of viability in

nature. A draft recovery plan has been prepared for the Koala (NSW National Parks and Wildlife Service

2003). The objectives of the National Koala Conservation Strategy have been adopted as the specific

objectives of the recovery plan.

Part 5A of the TSC provides for the preparation of Threatened Species Priority Action Statements. These

statements set out the strategies to be adopted for promoting the recovery of each Threatened species.

Fifteen broad strategies and associated actions have been developed to help threatened species

recover, including the koala.

As a consequence of TSC Act amendments to other legislation, the potential for negative impact upon

Koalas must be assessed under Part 5A of the Environmental Planning & Assessment Act 1979 (NSW)

(EPAA), the assessment process generally being known as the 7‐part test of significance. A Species Impact

Statement may be required for any development application and/or rezoning that is assessed as having the

potential for significant impact.

2.2.2 Environmental Planning & Assessment Act 1979 (EPAA)

The EPAA is the overarching piece of legislation that makes provision for a range of environmental planning

instruments, which additionally provide for protection of Koala habitat, including State Environmental

Planning Policies (SEPPs) and Local Environmental Plans (LEPs). The aim of the EPAA is to encourage the

proper management, development and conservation of natural and artificial resources, including agricultural

land, natural areas and forests, while at the same time promoting the orderly and economic use and

development of land.

2.2.3 National Parks and Wildlife Act 1974 (NPWA)

The NPWA contains provision that relate to the protection of native terrestrial fauna and some flora as well

as Endangered Ecological Communities.

2.2.4 Native Vegetation Act 2003 (NVA)

The NVA regulates the clearing of native vegetation and the activity of Private Native Forestry through the

preparation of Property Vegetation Plans (PVPs), except for excluded land listed in Schedule 1. The Act

encourages the preparation of Regional Vegetation Management Plans (RVMP), while the Private Native

Forestry Code of Practice requires exclusion of areas of Core Koala Habitat from timber harvesting practices.

2.2.5 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:

(a) by requiring the preparation of plans of management before development consent can be granted in

relation to areas of core Koala habitat, and

(b) by encouraging the identification of areas of core Koala habitat, and


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(c) by encouraging the inclusion of areas of core Koala habitat in environment protection zones”.

The Policy only applies to land in relation to which a development application has been made that has an

area (or together with any adjoining land in the same ownership) of more than one hectare. It specifically

excludes land dedicated or reserved under the National Parks and Wildlife Act 1974 or to land dedicated

under the Forestry Act 1916.

2.3 Local Legislation

2.3.1 Gunnedah Local Environmental Plan 2012

The Gunnedah Local Environmental Plan 2012 (GLEP 2012) does not contain any specific provisions for

the protection of Koala or Koala habitat, although Part 5 Cl 5.9 has the objective of preserving “the amenity

of the area, including biodiversity values, through the preservation of trees and other vegetation.” The

“trees and other vegetation” that are the subject of this provision however, also must be prescribed by a

development control plan (DCP) prepared by Council (cl 5.9 (2)). The restrictions do not apply to the

clearing of native vegetation otherwise authorized under the NV Act or Forestry Act 1916 (LEP cl 5.9 (8)).

2.3.2 Gunnedah Development Control Plan 2012

The current Gunnedah DCP does not contain specific provisions for the protection of Koalas or Koala habitat,

the only relevant prescription being that subdivisions are required to accommodate “the retention of

significant trees and vegetation.”


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3. Koala

The following is a brief summary of the biology and ecology of the Koala. A more detailed summary can be found in

the draft recovery plan (NSW National Parks and Wildlife Service).

3.1 Species description

The Koala (Phascolarctos cinereus) is an arboreal, medium‐sized marsupial. It has a stocky body, sharp claws

and fur ranging in colour from grey to brown above with a consistently white under belly.

There is a gradient in body weight from north to south across their range. Adult males in the south (Victoria)

range from 9 to 15 kg whereas adult males in the north are much smaller ranging from 4 to 9 kg. Males tend

to be larger than females (NSW National Parks and Wildlife Service 2003).

3.2 Distribution

The Koala is distributed widely throughout eastern Australia from the temperate southern climate of South

Australia and Victoria to the Northern tropical regions of Queensland. In New South Wales, Koalas are mainly

distributed in the central and north coast regions, with some fragmented populations occurring in the west

(NSW National Parks and Wildlife Service 2003).

The distribution of Koalas Australia wide is driven by the preferred climatic conditions along the east coast

whilst the distribution of localized populations is driven by resource availability primarily the occurrence of

specific eucalyptus species (NSW National Parks and Wildlife Service 2003). The Koala’s distribution is not

continuous across its range and occurs in a number of populations separated by cleared land or unsuitable

habitat (Martin & Handasyde 1999; NSW National Parks and Wildlife Service 2003).

3.3 Habitat

In New South Wales, the Koala is known to inhabit a range of eucalypt forest and woodland communities.

These include coastal forests, the woodlands of the tablelands and slopes and riparian communities of the

western plans (NSW National Parks and Wildlife Service 2003).

The quality of forest and woodland communities as habitat for Koalas is influenced by a range of factors, but

primarily it is the presence of particular Eucalyptus species that determines habitat quality. Koalas prefer to

feed on only a few specific Eucalyptus species which form the bulk of the diet and utilize other species

including non‐eucalypts for shelter and a supplementary diet.

Quality of Koala habitat is also influenced by a number of other factors including the size of trees (White

1999), the structural and species diversity of vegetation within the area (NSW National Parks and Wildlife

Service 2003), soil nutrients (Cork et al. 1990) and the presence of suitable shelter or shade trees in harsh

environments (NSW National Parks and Wildlife Service 2003). A recent study of Koalas in Noosa Shire,

indicated that the presence of Koalas best predicted by a multilevel model that included the proportion of the

landscape occupied by high quality habitat, the neighbourhood effect, the mean nearest neighbor distance

between forest patches, the density of forest patches and the density of sealed road (McAlpine et al. 2006).

Habitat use by Koalas can change in relation to climate, season and time of day (Ellis et al. 1995, Ellis et al.

1998). For example, Koalas may use different trees by day and night, change vegetation community

preferences seasonally or modify their habitat use based on temperature.

The draft LGA (Part) CKPoM (prepared by Greenloaning Biostudies) identified a total of 42,492ha of Preferred

Koala Habitat, based on Namoi CMA's RVC mapping (refer to Figure B). Eleven of the currently recognized

vegetation communities qualify as Koala habitat and all three habitat categories recognised by the Recovery

Plan, are represented. A special category containing elements of Secondary A and B Koala habitat is also

present. The Koala Management Study from which the preceding information has been extracted

(Greenloaning Biostudies 2012), found there was an optimal level of occupancy by resident koala


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populations of approximately 50% of the available habitat, implying a 3‐fold increase in the occupancy rate

above that of approximately 15% estimated through analysis of historical Koala records. Data analysis also

yielded a density estimate of approximately 0.3 Koalas ha across the study area, implying a population size

estimate of approximately 12,753 Koalas for the study area. This estimate is conservative, given that it is

based on mappable units of vegetation only, but confirms that the Gunnedah area supports a Koala

population of State and National significance such that promotion of Gunnedah as the ‘Koala Capital of the

World’ appears justified.

Population modelling based on Koala activity data in the two focus areas at Curlewis and Gunnedah has

resulted in identification of substantive areas of Core Koala Habitat being identified in both areas.

Whilst both the extent of habitat occupancy and the number of animals comprising the Gunnedah Koala

population is positive, much of the habitat exists as islands in a largely rural landscape. While this offers the

advantage of a lower risk of catstrophic fire event, much of the woodland habitat is at risk of long term

degradation through weed invasion and through the combined impacts of a lack of fire and grazing ‐ low

recruitment levels of food tree species. Thus, the enhancement of existing habitat and the consolidation

of habitat linkages to allow dispersal of individuals and gene flow between populations are perceived to be

fundamental tools for increasing the probability of long‐term persistence of the Koala in the Gunnedah area.

3.4 Diet

Koalas rely primarily on the foliage of Eucalyptus species for their diet. Throughout New South Wales, Koalas

utilize up to 70 different eucalypt species; however there are marked differences in the preferred tree species

consumed among local populations (NSW National Parks and Wildlife Service 2003).

In any one area, Koalas feed almost exclusively on a small number of preferred tree species. These species

are known as primary feed trees and vary widely on a regional, local and seasonal basis (Hindell et al. 1985).

Gunnedah Shire is located within the Western Slopes and Plains Koala Management area (NSW National Parks

and Wildlife Service 2003) and Table 3‐1 lists primary, secondary and supplementary species for that region.

Primary food trees exhibit a level of use that is significantly higher than that of other Eucalyptus species and

independent of tree density. The use by Koalas of secondary and/or supplementary food trees is generally

less than that of primary food trees (except where primary food trees are absent) and appears to be

dependent on both the density and/or size of the trees (NSW National Parks and Wildlife Service 2003;

Phillips & Callaghan 2000). Significantly higher levels of use of other (non‐food) tree species has been

observed when they occur in close proximity to a preferred food tree species (Lunney et al. 1998; Phillips et

al. 2000).


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Table 3.1 Koala feed tree species in the Western Slopes and Plains Koala Management area

Primary Food Tree Species Secondary Food Tree Species Stringybarks/Supplementary Species

River Red Gum E. camaldulensis Dirty Gum E. chloroclada Red Stringybark E. macrorhyncha

Coolibah E. coolabah Bimble Box E. populnea Narrow‐leaved Stringybark E. sparsifolia

Pilliga Box E. pilligaensis

Fuzzy Box E. conica

Western Grey Box E. macrocarpa

Yellow Box E. melliodora

White Box E. albens

Dwyer’s Red Gum E. dwyeri

Tumbledown Gum E. dealbata

Blakey’s Red Gum E. blakelyi

Apple‐topped Box E. bridgesiana

Black Box E. largiflorens

Mallee Red Gum E. nandewarica

E. vicina

E. volcanica

Red Box E. polyanthemos

Orange Gum E. prava

Notes: Information from NSW National Parks and Wildlife Service 2003

3.5 Breeding

Although Koalas are often regarded as solitary animals, they live in complex social groups where individual

home ranges overlap (Martin & Handasyde 1995). Koalas live in breeding aggregations, generally comprised

of a dominant male, a small number of mature females and juveniles of various ages.

Koalas generally reach sexual maturity at approximately two years of age. Females can produce one offspring

each year, with the breeding season between October and May (Martin & Handasyde 1990, 1995). Gestation

lasts up to 35 days, with the young then living in the pouch for up to 6 months. The young are dependent on

the mother up to 12 months.

Juvenile Koalas may remain in their mother’s home range for 2 to 3 years. After this period, the young

disperse to establish an individual home range which may vary from 1 to 11 to 50km (Gall 1980; Mitchell &

Martin 1990). Once Koalas mature and become incorporated in stable breeding aggregations, they generally

exhibit long term fidelity to their individual home range areas (Mitchell & Martin 1990).

3.6 Threats

Throughout their range Koalas are subject to a number of threats including:

Habitat loss

Habitat fragmentation and degradation

Vehicle collision

Predation by dogs

Disease

Starvation due to over‐browsing

Fires

Drought

Reduced genetic variability (NSW National Parks and Wildlife Service 2003; Threatened Species Scientific

Committee 2006).

Because of the wide distribution of the Koala, the presence and severity of the various threats vary across


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their range (Threatened Species Scientific Committee 2006). Threats are discussed in more detail in the draft

Recovery Plan (National Parks and Wildlife Service 2003).

The Koala Habitat Management Report (prepared by Greenloaning Biostudies in 2012) identified a number

of issues that needed to be addressed in order to ensure a sustainable future for Koalas inhabiting the

Gunnedah area:

Existing fragmentation of Koala habitat;

Long term degradation of Koala habitat through weed invasion and/or tree dieback;

Potential lowering of the Koala carrying capacity of woodland habitat as larger trees are lost from the

landscape;

Isolation of the population and potential problems arising from inbreeding;

The potential for increased domestic dog attack rates with increased urban development, such as in the

two focus areas of west Gunnedah and Curlewis;

Increasing heavy industrial development within the Gunnedah LGA and region, potentially resulting in

a commensurate increase in vehicle movements and thus koala road mortalities; and

Susceptibility of Koalas to stochastic events such as drought and fire, some aspects of which may be

elevated by the uncertainty associated with climate change.


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4. Koalas in Gunnedah Shire

In recent studies undertaken within the Gunnedah LGA, the local Koala population numbers has been calculated as

approximately 12,700 animals (Greenloaning Biostudies 2012), this number being the result of population growth

and an increase in the habitat occupancy rate over the last 3 ‐ 5 Koala generations. While such a population size

may appear reassuring, there remains the potential for only minor changes in population trends to reverse this

circumstance, given that an increase in Koala mortality rate of as little as 2 ‐ 3% (as a function of total

population size) can be demonstrated as sufficient to initiate and drive population decline (Phillips et al. 2007). In

the face of increasing climatic uncertainty for example, there is already evidence that some range contraction

and associated reduction in population size is likely (Lunney et al. 2012).

Increases in the Koala population in the Gunnedah area over the last 20 ‐ 30 years, as reported by

Greenloaning Biostudies (2012), can in part be attributed to recovery and associated expansion of relic populations

following the widespread clearing of Koala habitat early in the twentieth century reported by Smith (DATE).

Recovery has no doubt been assisted by an increased level of interest in individual animals and local sub‐

populations evident amongst both rural and urban residents of the LGA. Thus, during the drought conditions

and associated periods of hot dry weather, many residents reported providing water bowls for Koalas, with

individuals accessing water daily. Such actions serve to reduce the risk of dehydration and contribute to the

survival of Koalas. Rural residents have also contributed to Koala habitat enhancement in some areas, with

additional plantings of food trees reported by landowners to have resulted in increased sightings of Koalas as the

plantings matured. Substantial plantings of food trees have also been carried out on a regular basis since the early

1990s at the Gunnedah Research Centre, with positive results for Koalas utilising the planted vegetation (J. Lemon

pers.com. July 2012; Greenloaning Biostudies (2012).

4.1 Draft LGA (Part) CKPoM

Greenloaning Biostudies prepared a draft LGA (Part) CKPoM for an area of approximately 2,172 square

kilometres. The area was considered to encompass the main extent of known Koala occurrence and

occupying the central portion of the LGA, as shown in Figure A. Two development areas, one encompassing

the Gunnedah urban area and adjoining lands to the west and south, the other at Curlewis to the south of

Gunnedah (refer to Figure C), were identified as focus areas for more detailed surveys.

4.1.1 Gunnedah Focus Area

4.1.1.1 Location and Area

The Gunnedah Focus Area covers an area of 6,850ha encompassing the existing

Gunnedah urban area and areas to the west and south of the existing areas of urban

development, as shown on Figure A and Figure C. The current main land uses within this

study area comprise:

Urban development;

Rural residential subdivision;

Parks and reserves;

Mining rehabilitation;

Agricultural activities

Research; and

Active recreational pursuits (such as trail bike riding, bush walking).

4.1.1.2 Management Objectives

Management objectives for the Gunnedah Focus Area are intended to inform broader

management and conservation efforts to ensure persistence of koalas and to guide future

development within this area in this context. Key objectives comprise:

Creating or enhancing habitat connectivity between this area and other habitat areas;

Increasing community awareness and knowledge regarding the threats to Koalas and

habitat usage in the area;


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Maximising protection of remaining Koala habitat areas through appropriate

development controls;

Requiring best practice assessment and development standards so as to minimise the

potential for negative impacts arising from development; and

Where best practice development standards cannot be met, providing alternative

options with positive outcomes in terms of Koala management.

4.1.2 Curlewis Focus Area

4.1.2.1 Location and Area

The Curlewis Focus Area covers an area of 2,150 ha, encompassing the existing Curlewis

urban area, the Curlewis Common to the east of the Kamilaroi Highway and Main Western

Rail Line, and areas to the south of the existing urban development, as shown on Figure A

and Figure C. The current main land uses within this area comprise:

Urban development;

Parks and reserves;

Agricultural activities;

Cemetery;

Water treatment works; and

Active recreational pursuits (such as trail bike riding).

4.1.2.2 Management Objectives

Management objectives for the Curlewis Focus Area are intended to guide future

development within this area to ensure persistence of existing koala populations in the area

and to provide management options to achieve this outcome. Key objectives comprise:

Creating or enhancing habitat linkages between this area and other habitat areas to the

east, north and south;

Increasing community awareness and knowledge regarding the threats to Koalas and

habitat usage in the Curlewis area and encouraging further community involvement in

Koala management;

Maximising protection of remaining Koala habitat areas through appropriate

development controls;

Developing additional compensatory Koala habitat areas;

Requiring best practice assessment and development standards so as to minimise the

potential for negative impacts arising from development; and

Where best practice development standards cannot be met, provide alternative

options with positive outcomes in terms of Koala management.


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Figure 4.1 Gunnedah and Curlewis Focus Areas and Land Tenure within the Study Area (Greenloaning Biostudies)


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Figure 4.2 Distribution of Koala Activity in the Curlewis Focus Area (Greenloaning Biostudies)


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5. Planning and management recommendations

5.1 Relationship of the Koala Strategy to SEPP44

The determination of potential Koala habitat under SEPP44 relates to the presence of feed tree

species listed in Schedule 2 of the SEPP. The Gunnedah LGA contains feed tree species that are

listed in Schedule 2 of SEP44. Consequently, an investigation into Koala habitat is to be undertaken

for all development.

5.2 Planning Controls

The Gunnedah LGA contains large areas of potential Koala habitat, which should be taken into

consideration in terms of future land use planning within the Shire. In areas proposed for rezoning

of future development, Council should take into consideration the presence of potential Koala

habitat within the area and should be confident that the rezoning or development would:

be consistent with SEPP44 in that development in core Koala habitat, must follow a plan of

management prepared in accordance with SEPP44

not result in development within areas of Primary Koala habitat or within secondary habitat

with an important role in connectivity

allow only low impact development in other areas of secondary habitat

minimize the removal of preferred Koala food trees

not result in the severance of Koala movement across the site

In areas of Koala Habitat, a survey for Koalas should be completed and in areas where Koalas are

found to be present, representing core Koala habitat, Council should request:

A plan of management for the area as well as appropriate development controls.

Comprehensive assessment of the likely impacts of the proposal under the Threatened Species

Conservation Act 1995 and the Environmental Planning and Assessment Act 1979. This

assessment should demonstrate that alternatives that do not including clearing of primary

Koala habitat are not available and that the activity has been located so as to minimize the loss

of Koala habitat.

5.2.1 Recommended Development Considerations for areas of Koala Habitat

The following development considerations are highlighted any new residential or rural‐residential

subdivisions on lands that have been identified as containing significant Koala activity and/or

habitat:

Retention of Preferred Koala Food Trees (PKFTs) particularly PKFT’s ≥ 250mm dbh

Containment of domestic dogs to ensure protection of Koalas as they move across properties

Fencing of properties, including swimming pool fencing to enable the movement of Koalas

Road design which enables the safe movement of Koalas and to reduce road kill. This may

include vehicle calming devices, floppy‐top (or other approved wildlife exclusion fencing or

cattle‐grids), Koala underpasses

Protection of Koalas from disturbance during construction or ensuring appropriate clearing of

vegetation prior to the commencement of construction works

Replacement of PKFT of the same species, sourced from seed stock of the local area and

planted in a cluster

Habitat Connectivity and Enhancement

Supporting Koala Welfare Groups


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5.3 Buffers

It is recommended that as a minimum, a buffer of 50m is applied to all areas identified as Koala

habitat where evidence of Koala activity has been found. In cases that show evidence of Koala

activity, it should be the responsibility of the proponent to demonstrate the extent of Koala activity

and the need for larger or smaller buffers. The consideration of buffers should include:

the size of the mapped area of habitat

the nature of adjoining vegetation

connectivity of the mapped area to the other mapped areas

the presence of Koala activity both in and adjacent to the mapped habitat.

5.4 Further recommendations

To ensure that the current population’s status is not reversed and that population levels are

sustainable in the long term, actions will be required that encourage the following:

Recognition of the importance of habitat linkages within the LGA in the context of both

general movement corridors and isolated patches of Koala habitat, supported by appropriate

planning measures;

Coordinated action regarding Koala management across all processes of governance;

Incorporation of best‐practice habitat assessment procedures in relation to Koala habitat

within development areas;

Effective resourcing of Gunnedah Shire Council to enable it to be the lead agency in terms of

implementing required management actions on lands under its governance; and

Facilitating adequate communication processes and engagement of all sectors of the

community in the process of sustainable Koala management.


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6. References

6.1 Primary References

To ensure that the current This Koala Strategy has been prepared utilizing the draft Gunnedah LGA

(Part) Comprehensive Koala Plan of Management 2013 prepared by Greenloaning Biostudies Pty Ltd

(in conjunction with Dr S Phillips – Biolink Ecological Services Pty Ltd).

The Strategy has also utilized the information and format of the Moree Plains Shire Koala Habitat

Mapping prepared by Parsons Brinckerhoff Australia Pty Ltd, June 2008).

6.2 Other References

Australian and New Zealand Environment and Conservation Council 1998, National Conservation

Strategy, Australian and New Zealand Environment and Conservation Council, Canberra.

Cork, SJ, Margules, CR & Braithwaite, LW 1990, Implications of koala nutrition and the ecology of

other arboreal marsupials in south‐eastern New South Wales for the conservation management of

koalas, Koala Summit: managing koalas in New South Wales, NSW National Parks and Wildlife

Service, Hurtsville.

Edge Land Planning 2007, Gunnedah Shire Rural Strategy.

Ellis, WA, Sullivan, BJ, Lisle, AT & Carrick, F 1998, ‘The spatial and temporal distribution of koala

faecal pellets’, Wildlife Research, vol. 25, pp.663‐8.

Ellis, WA, Meizer, A, Green, B, Newgrain, K, Hindell, MA & Carrick, F 1995, ‘Seasonal variation in

water flux, field metabolic rate and food consumption of free‐ranging Koala (Phascolarctos

cinereus)’, Australian Journal of Zoology, vol. 43, pp. 59‐68.

Gall, BC 1980, ‘Aspects of the ecology of the koala, Phascolarctos cinereus, Goldfuss, in Tucki Tucki

Nature Reserve New South Wales’, Australian Wildlife Research, vol. 7, pp. 167‐76.

Hindell, MA, Handasyde, KA & Lee, AK 1985, ‘Tree species selection by free‐ranging koala

populations in Victoria’, Australian Wildlife Research, vol. 12, pp. 137‐44.

Lunney, D, Phillips, S, Callaghan, J & Coburn, D 1998, ‘Determining the distribution of Koala habitat

across a shire as a basis for conservation: a case study from Port Stephens, New South Wales’, Pacific

Conservation Biology, vol. 4, pp. 186‐96.

Lunney, D, Crothwer, MS, Wallis, I, Foley, WJ, Lemon, J, Wheeler, R, Madani, G, Orscheg, C, Griffith,

JE, Krockenberger, MB, Retamales, M & Stalenberg, E 2002, Koalas and climate change: a case study

on the Liverpool Plains, north‐west NSW, pp. 150‐168 in Wildlife and Climate Change: towards

robust conservation strategies for Australian fauna, edited by D Lunney and P Hutchings, Royal

Zoological Society of New South Wales, Mosman, Australia.

Martin, R & Handasyde, K 1999, The Koala: Natural History, Conservation and Management, UNSW

Press Australian natural history series, University of New South Wales Press Ltd, Sydney.

Martin, RW & Handasyde, KA 1995, ‘Koala Phascolarctos cinereus (Goldfuss, 1917), in The Mammals

of Australia (2nd edn) (ed. R Strachan), pp. 196‐198, Australian Museum/ Reed Books, Sydney.

Population dynamics of the koala Phascolarctos cinereus in South eastern Australia. ‘in AK Lee, KA


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Handasyde & GD Sanson (eds), Biology of the Koala, Surrey Beatty and Sons, Sydney.

Martin, R & Handasyde, K 1990, ‘Population dynamics of the koala Phascolarctos cinereus in South

eastern Australia. ‘in AK Lee, KA Handasyde & GD Sanson (eds), Biology of the Koala, Surrey Beatty

and Sons, Sydney.

McAlpine, CA, Bowen, ME, Callaghan, JG, Lunney, D, Rhodes, JR, Mitchell, DL, Pullar, DV &

Possingham, HP 2006, ‘Testing alternative models for the conservation of koalas in fragmented rural‐

urban landscapes’, Austral Ecology, vol. 31, no. 4, pp. 529‐44.

Mitchell, P & Martin, R 1990, ‘The structure and dynamics of koala populations – French Island in

perspective. ‘in AK Lee, KA Handasyde & GD Sanson (eds), Biology of the Koala Surrey Beatty & Sons,

Sydney., pp. 97‐108.

Phillips, S & Callaghan, J & Thompson, V 2000, ‘The tree species preference of koalas (Phascolarctos

cinereus) inhibiting forest and woodland communities on Quaternary deposits in the Port Stephen

area, New South Wales’, Wildlife Research, vol. 27, pp. 1‐10.

Phillips, S & Callaghan, J 2000, Tree species preferences of koalas (Phascolarctos cinereus) in the

Campbelltown Area south‐west Sydney, New South Wales, Wildlife Research 27:509‐16.

Phillips, S, Hopkins & Callaghan, J 2007, Koala Habitat and Population Assessment for the Gold Coast

City Local Government Area, Final report to Gold Coast City Council, Biolink Ecological Consultants.

Smith, M 1992, Koalas and Land Use in Gunnedah Shire, National Parks and Wildlife Service,

Hurtsville.

Threatened Species Scientific Committee 2006, Koalas – Advise to the Minister for Environment and

Heritage from the Threatened Species Scientific Committee (the Committee) on Amendments to the

list of Threatened Species under the Environment Protection and Biodiversity Conservation Act 1999

(EPBC Act), Department of the Environment and Heritage, Canberra.

White, NA 1999, ‘Ecology of the koala (Phascolarctos cinereus) in rural south‐east Queensland,

Australia. ‘Wildlife Research, vol. 26, pp. 731‐44.

___ 2007b, Threatened species, populations and ecological communities, NSW Department of

Environment and Conservation, 2006.

_____ 2003, Draft Recovery Plan for the Koala, NSW National Parks and Wildlife Service, Hurtsville.


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Koala Draft Strategy Gunnedah Shire Council is commended on its attempt to protect koalas through its Koala Strategy. The effective endeavours of Council, GULG and others in contributing to the re-establishment of koala habitat are recognised and commended. Suggestions

1. The strategy should recognise a. the high rate of failure of attempts to translocate koalas, with very high

fatality rates in translocations of koalas in other parts of NSW. b. that predation by dogs and cats (both domestic and feral) has had a

significant effect on the koala population in the area. c. that chlamydia and conjunctivitis are significant diseases in the local koala

population. Chlamydia kills koalas both directly and through the rendering of koalas incapable of feeding and defending themselves.

2. The must be specific provision for the protection of koalas and their habitat in

the Gunnedah DCP.

3. Any development which proposes the translocation of koalas must be rejected, in recognition of the high fatality rate in translocations and the fidelity of koalas to their home ranges.

4. Encouragement of desexing of dogs and cats should be part of the plan, in that

it would reduce the predation of koalas by domestic animals and the incidence of feral dogs and cats.

5. There must be a standing order prohibiting the felling of trees which provide

either a food source to koalas. Any application for the felling of trees must be assessed with the interests of the koala population paramount.

6. The Council should encourage the education of the population with respect to

koala health, particularly the incidence and effects of chlamydia. Martine Moran


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Director Infrastructure Services’ Report ITEM 1 Pesticide Use Notification Plan MEETING Ordinary Meeting – 21 October 2015 DIRECTORATE Infrastructure Services AUTHOR Senior Weeds Officer LEGAL NSW Pesticide Regulation 2009 FINANCIAL Nil STRATEGIC LINK Community Strategic Plan 4.2.2 Continue to develop and implement management and

rehabilitation programs with high priority to wildlife corridors, stands of remnant vegetation and significant natural landscapes and soil types.

Operational Plan 4.2.2.1 Identify and provide noxious weed spraying services to the

community. ATTACHMENTS Pesticide Use Notification Plan Policy

OFFICER’S RECOMMENDATIONS: That Council adopt the Pesticide Use Notification Plan Policy.

PURPOSE This report relates to a review of the Pesticide Use Notification Plan policy to ensure that Gunnedah Shire Council continues to maintain and comply with its pesticide notification plan as it provides a clear framework for the provision of information about Council’s pesticide use in public places. BACKGROUND The Environment Protection Authority (EPA) is responsible for managing the safe use of pesticides in NSW, including the administration of the NSW Pesticide Regulation 2009.

Gunnedah Shire Council’s Pesticide Use Notification Plan was drafted and adopted by Council in December 2006. The purpose of the plan is to outline the procedures in regard to notifying the general public of pesticide use within the Gunnedah Shire. This plan was required under the NSW Pesticides Regulation 1995 and part of the requirement included the revision of the plan to allow for changes deemed necessary to be made after a determined period of time. In addition, part of this revision required a report to be tabled on the progress of implementing the plan. The EPA recently conducted an audit of the currency of all local government pesticide notification plans and their availability to members of the community. In the course of the audit the EPA identified that Gunnedah Shire Council’s pesticides use notification plan may be overdue for review. Accordingly, further to a resolution of Council dated 15 July 2015 the Pesticide Use Notification Plan Policy was placed on public exhibition with the submission period ending on 27 August 2015.

COMMENTARY No submissions were received in relation to the draft policy and it is therefore recommended that Council adopt the Pesticide Use Notification Plan Policy and that the plan be reviewed again in 3 (three) years from the date of this current review.


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ITEM 2 Gunnedah Sewage Treatment Plant Design Update Report

MEETING Ordinary Meeting - 21 October 2015 DIRECTORATE Infrastructure Services AUTHOR Manager Water Services POLICY Nil LEGAL Local Government Act, 1993 FINANCIAL Budgeted $8,000,000 STRATEGIC LINK Community Strategic Plan

2.2.2 Provide and maintain efficient sewerage systems that allow for required expansion.

Operational Plan 2.2.2.1 Ensure effective and efficient delivery of sewerage services

across the Shire ATTACHMENTS 1. Gunnedah Sewage Treatment Plant Concept Design Report 2. Gunnedah STP Upgrade Program

OFFICER’S RECOMMENDATION: That the information be received and noted

PURPOSE This report is to update Council on progress of the proposed upgrade of the Gunnedah Sewerage Treatment Plant BACKGROUND In 2014 Council engaged the services of Hunter H20 Consultants to prepare a Concept Design report for phase one of the proposed upgrade of the Gunnedah Sewage Treatment Plant. The report has been completed and is attached for information. The report includes the following tasks- Review of existing information and confirmation of the STP design parameters including

population, load, and flow and effluent quality requirements. Mechanical dewatering design Development of the process flow diagram. Development of conceptual site plans and equipment layouts. Development of concept hydraulic profile. Development of process and instrumentation diagrams Development of mechanical concept design and specification of the equipment. Development of the electrical and controls concept design and specify equipment schedule. Development of capital cost estimate Preparation of a Review of Environmental Factors (REF) COMMENTARY With the completion of the concept design and following a number of reviews of the project, Council has now engaged Hunter H20 under the Namoi Councils Water Alliance Consultancy Agreement: provision of Water and Sewerage Consultancy Services (2013) for the provision of detailed design and procurement services for the Treatment Plant upgrade. Hunter H20 has provided a detailed letter of offer and Project Implementation Plan. Hunter H20 have provided a competitive price for undertaking the work and as a sign of commitment to provide GSC with Value for Money and in recognition of the savings gained by not submitting an offer through open tender have reduced the calculated fee estimate for the work by 10%


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Assessment The detailed design and procurement services includes a number of tasks including- 1. Preliminaries site inspection and inception meeting, site survey and service locations 2. Detailed design for civil design and drawings, electrical and control design, functional

specification, construction hazard workshop and design report. 3. Equipment supply procurement including tender documents and assessment. 4. Construction tender documentation and technical specifications 5. Construction contract expression of interest documentation, site meeting, tender review and

assessment and pre-contract constructor workshops. There are a number optional tasks have also been offered and accepted including- 1. Value management workshop; 2. Construction staging and sequencing review workshop and; 3. 3D Model and Council briefing session The 3D model and Council briefing session will allow all Councillors the opportunity to view the proposed designs and provide information on the various components of the project. The proposed design includes- • A new inlet structure with automatic screening grit removal, septage reception facility and wet

weather by-pass • Innovative dewatering unit which will be one of the first to be constructed in NSW. The units

have been extensively used in USA and in other states in Australia. Council staff has inspected units in Queensland and a successful trial has been undertaken by a prospective supplier in Gunnedah

• A new secondary anaerobic digester • Sludge transfer pump station • Dewatering facility building • New amenities and testing facilities, internal roads, walkways, platforms etc. • Upgrade and remediation of the existing treatment assets • Decommissioning of disused assets • New reticulated potable water services and pond stabilisation.

Council is proposing to undertake separate Expression of Interest (EOI) tenders for the supply of major components required for the proposed upgrade followed by construction tenders. Further assistance will be required from Hunter H20 for project management including contract administration and technical assistance and site visits. Assistance will also be provided during commissioning and process proving for operational optimisation. The majority of the management support will be provided remotely to minimise costs with Gunnedah Shire Council staff used to fill the role of the Principal’s Site Supervisor during the construction stage. A revised works program is attached for information. Actual construction is not scheduled to commence until the later part of the financial year to allow time for project procurement task and detailed design work to be carried out. The final commissioning of the Stage 1 upgrade is scheduled for April 2017. The project inception meeting with Hunter H20 is scheduled for Wednesday 14 October 2015 which will mark the commencement of the project.


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ITEM 3 Request for Support Against Essential Energy Consolidations

MEETING Ordinary Meeting - 21 October 2015 DIRECTORATE Infrastructure Services AUTHOR Director Infrastructure Services POLICY Nil LEGAL Nil FINANCIAL Nil STRATEGIC LINK Community Strategic Plan

1.7.1 Provide more opportunities for the community have a say in decision making and widely communicate these opportunities.

Operational Plan 1.7.1.1 Promote and support involvement in Council decision making

process and ensure the community is engaged. ATTACHMENTS 1. Correspondence from to Gwydir Shire

2. Correspondence from CEPU 3. Media Release – Essential Energy

OFFICER’S RECOMMENDATION: That Council make written representation to our local member at Parliament relative to the community impacts, both locally and regional, associated with the proposed phased Essential Energy workforce reduction.

PURPOSE A report seeking Council’s representation in raising concerns with respect of the community impacts of the loss of local jobs with Essential Energy. BACKGROUND As a consequence of an Australian Energy Regulator (AER) ruling to not approve the full customer cost increases sought by the energy authority Essential Energy is proposing and has already commenced restructuring involving significant workforce reductions and consolidation. Across the state this will result in an estimated reduction of 1,395 positions throughout the business with 700 positions proposed within phase 1 of the rationalisation and a further 695 proposed for phase 2 should their AER appeal not be successful. Councillors and Mayors would have received a letter (copy attached) seeking their support for the Communications, Electrical, Plumbing Union (CEPU) campaign together with Council support on these proposed staff losses and the impacts such will have upon communities, particularly regional ones across the state. COMMENTARY Phase 1 nominates 3 positions to be removed from the Gunnedah depot and 27 from the Namoi ROC group of Councils, together with the closure of the Bingara depot. It appears unfortunate that the electricity authority have elected this as their only sustainable course of action when the proposed electrical tariff costs for electricity and in particular local government street lighting, was rejected by the regulator last year. The actual phase 2 losses have not been released, however on a pro-rata basis the impacts most likely will be similar across the NSW business area.


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The community flow-on from these cuts will increase pressure on the retention of other state services, as well as significantly affecting the authority’s ability to deploy staff at short notice to other areas in response to emergency outages as they happen. Conclusion There is merit in questioning the local State Members and the Premier with regard to the demonstrated need for such significant change and the community impacts likely to be imposed. Wayne Kerr DIRECTOR INFRASTRUCTURE SERVICES


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Policy name Pesticide Use Notification Plan

Abstract

To comply with the requirements of the NSW Pesticide Regulation 2009 in relation to Pesticide Use Notification Plans, thus ensuring all members of the community are made aware of intended use of pesticides on land managed by the Gunnedah Shire Council.

To provide community members with information including types of pesticides being used along with specific and general areas in which these pesticides are to be applied.

To allow Individuals to make informed decisions in regard to accessing areas in which pesticides have been applied.

Dates

Policy or amendment approved Policy or amendment takes effect Policy is due for review (up to 5 years)

06 Dec 2005 15 Jul 2020

Endorsed by Director Infrastructure Services

Approved by

Gunnedah Shire Council, at its Ordinary Meeting of Council held [xx xxx xxxx] Resolution number: _____________

Policy Custodian Senior Weeds Officer

Relevant to All Staff Community Members

Superseded Policies Pesticide Use Notification Plan 2006

Related documents Nil

Related legislation NSW Pesticide Regulation 2009

File number File number TBA

COUNCIL POLICY


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Contents 1. Purpose

2. Scope

3. Definitions


5. Policy statement


7. Acknowledgements


1. Purpose

1.1 As part of this Council’s general maintenance program, pesticides, including selective and non-selective herbicides, insecticides and fungicides are regularly applied in both urban and rural situations. Areas of usage range from parks, playing fields and streets within Gunnedah township and surrounding villages, to State highways, regional and rural roads and reserves across the shire. These areas are generally freely accessible to all members of the general public.

In accordance with the Pesticides Act, public authorities are required to notify the general public when and where applications of pesticides will take place, before such applications occur.

The NSW Pesticide Regulation 1995 required all public Authorities to have prepared, finalised and notified the Environment Protection Authority (EPA) of a Pesticide Use Notification Plan before February 2007. A public authority must not use any pesticide in a prescribed public place that is owned by or is under the control of the public authority, or allow any person to use any pesticide in a prescribed public place that is owned by or is under the control of the public authority, unless the public authority has first complied with this obligation A pesticide use notification plan for a public authority must set out how and when the public authority will give public notice of the proposed use of pesticides in any prescribed public places owned by the public authority or under its control. The following draft Plan describes: Which public places are covered by the plan Who regularly uses these public places and an estimate of the level of use How and when Council will provide the community with information regarding

pesticide applications in public places. How the community can access this plan and obtain more information

regarding the notification arrangements. How future reviews of this plan will be undertaken. Contact details for anyone wishing to discuss aspects of this plan.


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The Plan explains how Council will notify members of the community of when pesticide applications are undertaken in public places.

2. Scope

Councillors, staff and members of the community must comply with this policy.

3. Definitions

Under the NSW Pesticides Act 1999, a pesticide is an agricultural chemical product. This is defined by the Agricultural and Veterinary Chemicals Code Act 1994 as being ‘a substance, or mixture of substances, that is represented, imported, manufactured, supplied or used as a means of directly or indirectly. Destroying, stupefying, repelling, inhibiting the feeding of, or preventing

infestation by, or attacks of any pest in relation to a plant, a place or a thing; or

Destroying a plant; or Modifying the physiology of a plant or pest so as to alter its natural

development, productivity, quality or reproductive capacity; or Attracting a pest for the purpose of destroying it’.

The Gunnedah Shire Council Noxious Weed Unit commonly uses herbicides as a part of its functions. Herbicides are a type of pesticide that destroy, suppress or prevent the spread of a weed or other unwanted vegetation.


To comply with the requirements of the NSW Pesticide Regulation 2009 in relation to Pesticide Use Notification Plans, thus ensuring all members of the community are made aware of intended use of pesticides on land managed by the Gunnedah Shire Council.

To provide community members with information including types of pesticides being used along with specific and general areas in which these pesticides are to be applied.

To allow Individuals to make informed decisions in regard to accessing areas in which pesticides have been applied.

5. Policy statement

As part of this Council’s general maintenance program, pesticides, including selective and non-selective herbicides, insecticides and fungicides are regularly applied in both urban and rural situations. Areas of usage range from parks, playing fields and streets within Gunnedah township and surrounding villages, to State highways, regional and rural roads and reserves across the shire. These areas are generally freely accessible to all members of the general public.


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LAND TO WHICH THIS PLAN APPLIES PUBLIC PLACES Any of the following to which the public is entitled to have access (whether or not on payment of a fee): - Any public garden, Any picnic area, Any playground, Any park, sporting field or oval, Any public land owned or controlled by a public authority (for example, a road

verge, rail easement or an easement for electricity purposes or for the purposes of other utilities),

Any land reserved under the National Parks and Wildlife Act 1974 or any State forest or Crown land, or

The grounds of any government school (within the meaning of the Education Act 1990) or any establishment maintained by the Technical and Further Education Commission, but does not include the inside of any building or structure located at such a place.

SENSITIVE PLACES, AS DEFINED BY CLAUSE 11J (1) OF THE PESTICIDES REGULATION Any school or pre-school, or Any kindergarten, or Any childcare centre, or Any hospital, or Any community health centre, or Any nursing home, or Any place declared to be a sensitive place by the Environment Protection

Authority by notice in the Gazette.

User Groups, frequency of use and types of pesticides used on Gunnedah Shire Council controlled assets.

Public Places Regular Users Frequency of use Pesticides used

Council controlled Rural roads & verges.

Travellers, Local community members, council maintenance workers, contractors and travelling livestock

Low to Medium Glyphosate Metsulfuron Methyl Picloram Triclopyr MCPA/Dicamba Chloryralid/Diflufenican

Roadside rest areas Travellers, Local community members, council maintenance workers and contractors

High Glyphosate. MCPA/Dicamba Chloryralid/Diflufenican

Roadside utilities including guide posts, Armco rails, bridges, signposts and culverts

General public, drovers of livestock, council maintenance workers and contractors

High Glyphosate

Parks &Playing fields, General public, school High Glyphosate


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Public Places Regular Users Frequency of use Pesticides used

tourist information centres children and local sporting bodies

MCPA/Dicamba/Chloryralid/Diflufenican Insecticides Fungicides Fertiliser Wetting agents

Urban streets and footpaths.

General public including pedestrians and urban commuters

High Glyphosate MCPA/Dicamba

Easements including waterways and access roads.

Council Maintenance staff and contractors

Low to Medium Glyphosate MCPA/Dicamba Picloram Triclopyr

Pool Council Maintenance staff and contractors

Medium to High Glyphosate MCPA Dicamba Chloryralid/Diflufenican

Airports Council Maintenance staff and contractors

Medium to High Glyphosate MCPA Dicamba/Chloryralid/Diflufenican

Crown lands Bushwalkers, Council weeds control staff, pet owners, Dept of Lands staff

Low to Medium

Glyphosate Metsulfuron Methyl Picloram Triclopyr MCPA/Dicamba/Chloryralid/Diflufenican

NOTIFICATION ARRANGEMENTS This section of the Plan describes how and when the Gunnedah Shire Council will provide notice of pesticide use in public places. These notification arrangements are determined by an assessment of: - The level of usage of public places where pesticides may be used The extent to which members of the public who are most likely to be sensitive

to pesticides (eg, young children, sick, pregnant and elderly people) and are likely to use these areas regularly

The extent to which activities in these areas could lead to some direct contact

with pesticides The type of pesticide used. Pesticide use is subject to suitable weather conditions, but wherever possible information will be provided at least twenty-four hours prior to the planned pesticide application. Notice of pesticide use will be issued in one or more of the following ways: - The erection or placement of signs in areas where pesticides have been

applied eg, Parks, Ovals and reserves.


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Advertisement in print media or via radio announcements. For example, Town

streets and footpaths. Advertisement on Council’s website www.infogunnedah.com.au Telephone, email or personal contact in the case of sensitive areas. SITUATIONS WHERE PESTICIDES ARE LIKELY TO BE APPLIED Outdoor public thoroughfares and certain easements accessible to the public This includes the following categories of public places: - Council controlled roads and verges Roadside rest areas

COUNCIL MANAGED LAND

Roadside utilities, including guideposts, Armco rails, bridges, signposts and

culverts Parks and Playing fields, tourist information centres Easements including waterways and access roads Pool and Council managed Airports Information on the use of pesticides in these places will be: -

Found on signs (in accordance with clause 11L (2)(g), placed in a prominent

location of the site during and after the pesticide has been applied. The signs will remain in place until the operation is completed. When foliage has been sprayed, the signs will remain in place until the herbicide has dried.

Information may also be obtained from the Gunnedah Shire Council via the

telephone number printed on the sign. VACANT CROWN LANDS RESERVES Information on the use of pesticides in these places will be: - Found on signs (in accordance with clause 11L (2)(g), placed in a prominent

location of the site during and after the pesticide has been applied. The signs will remain in place until the operation is completed. When foliage has been sprayed, the signs will remain in place until the herbicide has dried.

Information may also be obtained from the Gunnedah Shire Council via the telephone number printed on the sign.


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http://www.infogunnedah.com.au/

URBAN STREETS AND FOOTPATHS Information on the use of pesticides in these places will be: Via radio or print media announcements at least twenty four (24) hours prior

to application of that pesticide SPECIAL MEASURES FOR SENSITIVE PLACES Clause 11J (1) of the Pesticides Regulation defines a sensitive place to be any, School or pre-school

Kindergarten

Childcare centre

Hospitals

Community health centre

Nursing home

Special notification measures for programmed pesticide use in public places adjacent to the sensitive places listed above will consist of: - Notification of that intended pesticide use will be provided via Email or Fax to

The management of defined sensitive places at least twenty four (24) Hours prior to the application of that pesticide.

Where pesticides are to be applied within two hundred metres of a Sensitive

Place, Pesticide Use signs will be of a standardized design that will be easily recognizable to members of the community. WHAT INFORMATION WILL BE PROVIDED In accordance with clause 11L (2)(g) of the Regulation, notices of pesticide use must include the following information: The full product name of the pesticide The purpose of the use of the pesticide, clearly stating what weeds are being

treated The proposed date or range of dates, of the pesticide use The place where the pesticide is to be used The telephone number and email address of the Noxious Weed Inspector that

can be contacted to discuss the use of the pesticide


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Any warnings regarding re-entry or the use of the site after the application of the pesticide

In cases where verbal or written notification is given, the preceding information will also be made available. HOW THE COMMUNITY WILL BE INFORMED OF THIS PLAN Gunnedah Shire Council will advise the community of this plan and its contents by: - Making copies of the Plan available for viewing at each of the branch offices Advertising the Plan on the Council website Advertising the Plan in the local print media Placing a notice in the NSW Government Gazette FUTURE REVIEWS OF THE PLAN The Plan will be reviewed every three years, or when circumstances require a prior review. The review will include: - A report on the progress of implementing the Plan Exhibiting the Plan to the public for 30 working days, calling for written

submissions commenting on the Plan. Making further recommendations or alterations resulting from the public

submissions CONTACT DETAILS Anyone wishing to contact Gunnedah Shire Council regarding the Plan or to obtain details of pesticide applications conducted by Council should contact Council at [email protected] or 02 6740 2100.


6.1 Policy Custodian Senior Weeds Officer – Lee Amidy

6.2 Responsibility: Responsible Officers

Infrastructure Services Staff Contractors


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7. Acknowledgements

7.1 Environment Protection Authority NSW Pesticide Regulation 2009


Date Version Approved by & resolution no.

Amendment

06 Dec 2005 Version 1 Council: Res No. 51.2

Pesticide use notification provisions have been mandatory since 2007.

15 Jul 2015 Version 2 Amendment in accordance with Environment Protection Authority’s NSW Pesticide Regulation 2009.


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Gunnedah Sewage Treatment Plant

Concept Design Report Client Issue

June 2015

Presented by Hunter h2O Pty Limited

ABN 16 602 201 552


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Gunnedah Sewage Treatment Plant Concept Design Report (Client Issue) Hunter h2O | i

Report Details Report Title Gunnedah Sewage Treatment Plant: Concept Design Report

Project No. 4142

Status Revised draft

File Location

P:\Gunnedah SC\4142 Gunnedah STP Concept Design\2. Tasks\2. Concept design\Report\4142-Gunnedah STP-Concept Design Report (17.07.15).docx

Enquiries David Perry

P: (02) 4941 4914

E: [email protected]

Document History and Status

Revision Report Status Prepared by Reviewed by Approved by Issue Date

A Draft David Perry Todd Trench Trevor Gale

David Perry (Draft Only) 27 March 2015

B 2nd Draft

David Perry Peter Greenhalgh

Trevor Gale

Todd Trench

(Draft Only) 23 June 2015

C Client Issue David Perry GSC Paul Thompson 17 July 2015

Copyright © Hunter H2O Pty Limited 2015 The concepts and information contained in this document are the property of Hunter H2O Pty Limited for the sole use of the nominated client. Use or copying of this document without the written permission of Hunter H2O constitutes an infringement of copyright.


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Gunnedah Sewage Treatment Plant Concept Design Report (Client Issue) Hunter h2O | ii

Executive Summary Background

The Gunnedah Sewage Treatment Plant (STP) provides treatment using a trickling filter and maturation pond process. Under normal operating conditions, all of the treated effluent from the works is transferred to the North Gunnible cotton farm where it is used for irrigation under a reuse agreement. The plant currently meets the water quality requirements specified by the EPA; however the plant requires upgrading to provide treatment capacity for growth and to address issues relating to the condition and workplace safety of the existing plant.

Gunnedah STP was constructed in 1942 and underwent a major augmentation in 1968 when a parallel trickling filter process stream was added. The treatment plant consists of an inlet works, lift pump station, primary settling tanks, biological trickling filters, humus tanks and effluent maturation ponds. Sludge treatment is provided by anaerobic digesters and drying beds.

As part of this project, Gunnedah Shire Council (GSC) will upgrade the Gunnedah STP to provide reliable performance and treatment capacity until 2038. The project seeks to meet the following objectives:

Extend the working life of the existing treatment assets until 2038 Provide additional hydraulic capacity to service population growth and a planned expansion of the

sewage network to service an industrial estate Improve the workplace safety of the site.

Hunter H2O has been engaged to prepare a concept design and D&C contract documentation for the works. The concept design presented in this report has been developed with GSC based on the available site information and current projections for growth in the catchment.

Capacity

Gunnedah STP currently serves approximately 8,900 EP and treats an average dry weather flow (ADWF) of 1.6 ML/day.

The Gunnedah STP upgrade is to allow capacity for catchment growth until 2038. The projected catchment growth includes a significant allowance to cater for the potential expansion of light industry in Gunnedah. A summary of the design flows are given below.

Design Flows Residential Industrial Total

Equivalent Population (EP) 9,457 5,128 14,586

Flow load (L/EP) 180 180 180

ADWF (ML/d) 1.7 0.9 2.6

3ADWF (L/s) 59 32 91

Peak instantaneous flow (L/s) 193 105 298

The upgrade is based on treating sewage that is domestic in nature. Additional flows from commercial and light industrial businesses would be within GSC’s Liquid Trade Waste Policy.

In addition to catchment flows, the Gunnedah STP upgrade will also provide the facility to treat loads of septage collected from road-side rest areas and septic tanks which are delivered to the plant by tanker.


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Effluent Quality and Biosoilds Standard

Gunnedah STP currently provides a reasonable standard of treated effluent for cotton irrigation. The upgrade is based on continuing to meet the current effluent quality concentration standards. Mass load limits within the existing EPA Environmental Protection Licence will need to be revised in consultation with EPA in-line with the increased volumes of recycled water that will be produced at the design horizon.

Biosolids will meet requirements for Class B stabilisation and subject to contaminant concentrations, would be suitable for agricultural reuse.

Summary of Proposed Work

Work to be completed under the upgrade includes:

Decommissioning the existing a inlet works b lift pump station c below-ground sludge digesters and digester building d sludge drying beds

Constructing new facilities including

a a septage reception facility b an inlet lift pump station c an inlet works facility with screening and grit removal d an above-ground anaerobic digester e a sludge transfer pump station f a biosolids dewatering facility g a new switchroom

Refurbishing existing assets units including:

a the Stage 1 Imhoff, Primary Tanks and Trickle Filters b the Stage 2 Primary Tank and Trickle Filter c the Humus Tanks d the Maturation Ponds

Site work including:

a a new amenities building b roads c stairs and access ways and hand rails across the site d a new service water system e site services f landscaping

An electrical upgrade including:

a A new Form 3B main switchboard / MCC b Local control panels and operator stations for all equipment c Cabling d Site lighting e Lightning protection f Site security and smoke detection system g New PLC, SCADA and Telemetry system.

Further details are provided in the report, drawings and schedules.


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Preliminary Cost Estimate

A preliminary cost estimate for the works has been prepared based on the scope of work presented in this report.

The preliminary estimate of the project cost including 30% contingency is $8.1 m ($14/15).

The above cost estimate specifically excluded:

Flood protection or raising of the effluent transfer pump station switchboard Odour extraction and control at the inlet works.

Key Issues

The key project risk issues identified during this concept design are:

The shallow depth to hard rock across the site is a critical site constraint that limits the depth of construction. Excavation in hard rock is anticipated for the new inlet lift pump station and inlet works.

As the STP needs to remain operational throughout the contract period, careful planning and sequencing will be required for cutover and commissioning of the works including a the new inlet works, b the digester, c dewatering and d power supply and new switchboard facilities.

The current scope of the upgrade does not include flood protection work for the effluent transfer pump station.

It is noted that the current proposed upgrade is not expected to significantly improve issues associated with algae in the maturation ponds.

Following review by GSC and external stakeholders, this Concept Design will be used as the basis for further design development prior to construction.


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Contents 1 INTRODUCTION ............................................................................................................................... 1

1.1 Project Background ....................................................................................................................... 1

1.2 Scope ............................................................................................................................................. 1

2 GUNNEDAH SEWERAGE SCHEME ................................................................................................... 3

3 EXISTING SEWAGE TREATMENT PLANT .......................................................................................... 4

4 DESIGN ENVELOPE .......................................................................................................................... 6

4.1 Design Horizon and Capacity ........................................................................................................ 6

4.2 Liquid Trade Waste ....................................................................................................................... 7

4.3 Septage Reception Facility ............................................................................................................ 7

4.4 Effluent Quality ............................................................................................................................. 8

4.5 Biosolids Stabilisation ................................................................................................................. 10

5 CONCEPT OVERVIEW .................................................................................................................... 11

6 DESIGN DESCRIPTION ................................................................................................................... 13

6.1 Site Layout ................................................................................................................................... 13

6.2 Hydraulic Design ......................................................................................................................... 14

6.3 Preliminary Treatment Area ....................................................................................................... 14

6.4 Sludge Digestion and Biosolids Dewatering Upgrade ................................................................. 18

6.5 Upgrade and remediation of existing treatment assets ............................................................. 22

6.6 Site Work ..................................................................................................................................... 29

7 ELECTRICAL AND CONTROL ........................................................................................................... 31

7.1 Power .......................................................................................................................................... 31

7.2 Switchboards ............................................................................................................................... 33

7.3 Cabling......................................................................................................................................... 34

7.4 Lighting ........................................................................................................................................ 34

7.5 Power Outlets ............................................................................................................................. 34

7.6 Lightning Protection .................................................................................................................... 34

7.7 Security/Smoke Detection .......................................................................................................... 35

7.8 Control System ............................................................................................................................ 35

8 CAPITAL COST ESTIMATE .............................................................................................................. 36


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Appendices

APPENDIX A – PROCESS FLOW DIAGRAM

APPENDIX B –PROCESS AND INSTRUMENTATION DIAGRAMS

APPENDIX C –EQUIPMENT, INSTRUMENT AND DRIVE SCHEDULE

APPENDIX D – CONCEPT SITE LAYOUT, PLANS AND ELEVATIONS

APPENDIX E – HYDRAULIC PROFILE

APPENDIX F – SINGLE LINE DIAGRAM

APPENDIX G – COST ESTIMATE

APPENDIX H – DESIGN BASIS MEMO


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1 Introduction

1.1 Project Background

The Gunnedah Sewage Treatment Plant (STP) is located off Boggabri Road (Kamilaroi Highway) to the north west of Gunnedah.

The existing treatment plant consists of an inlet works, lift pump station, primary settling tanks, biological trickling filters, humus tanks and effluent maturation ponds. Sludge treatment is provided by anaerobic digesters and drying beds.

Under normal operating conditions, all of the treated effluent from the works is transferred to the North Gunnible cotton farm where it is used for irrigation under a reuse agreement. The plant also has the capability to discharge effluent to the Namoi River under emergency conditions.

The Gunnedah STP was originally constructed in 1942 and has undergone numerous augmentations. It was augmented in 1968 when a parallel trickling filter process stream was added. A new inlet works structure was also added in 2009.

As part of this project, Gunnedah Shire Council (GSC) will augment the existing STP to provide reliable treatment performance until 2038. The project seeks to meet the following objectives:

Extend the working life of the existing treatment assets until 2038 Provide additional hydraulic capacity to service population growth and a planned expansion of the

sewage network to service an industrial estate Improve workplace safety around the site.

Hunter H2O has been engaged to prepare a concept design and D&C contract documentation for the works.

This report summarises the concept design for the upgrade.

1.2 Scope

A preliminary scope of work for the project was outlined in the Gunnedah STP Pre-Concept Investigation Report (GHD, August 2013). This scope of work has been amended in consultation with GSC. A summary of the revised scope is presented below.

The Gunnedah STP upgrade is to augment the existing treatment plant. The works comprises of:

A new inlet works including: an inlet lift pump station a new inlet gravity main to connect the inlet lift pump station to the existing gravity sewer a septage reception facility a new screened inlet works bypass to the stage 1 primary tanks a new screened works bypass to the maturation ponds an above ground package inlet works with screening and grit removal

an upgrade to the sludge processing units including: replacement of sludge withdrawal and transfer valves a sludge transfer pump station a new above ground anaerobic digester a biosolids dewatering facility including a feed averaging tank, mechanical dewatering unit,

filtrate return pump station and biosolids outloading conveyor system remediation of the existing assets including:

stage 1 primary - repair concrete, install actuated valves on the Imhoff tank raise the peripheral weir of the Stage 1 Imhoff tank raise the peripheral weir of the Stage 1 primary sedimentation tanks


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remove flume in channel to Stage 1 trickle filter install new Stage 1 trickle filter bypass stage 1 trickle filter - repair concrete and replace trickle filter distribution arms stage 2 primary – repair concrete, replacement of the PST drive, new scum beach raise the peripheral weir of the Stage 2 primary sedimentation tank raise the walls of the stage 1 trickling filter launder and channel to humus tank extend Stage 2 trickle filter bypass pipework humus tanks – repair concrete, replace humus pump, replace humus pump lifting device other works as required to address identified safety hazards.

Site works including a new amenities building new access ring road with two new access gates installation of a new potable water reticulation system across the site access stairs, platforms and handrails at various locations across the site

Electrical and control works including: construction of a new switchroom to house a new MCC with external generator connection

point removal of the existing low-voltage power lines that traverse the site new PLC, site SCADA system, RTU, and local control stations relocation of telephone incomer site lighting smoke detection and security system

Decommissioning of the following: the existing inlet works and inlet lift pump station the below ground anaerobic digesters and digester building the sludge drying beds the existing power supply.


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2 Gunnedah Sewerage Scheme

The Gunnedah sewerage scheme currently consists of two collection catchments. The southern portion of Gunnedah is served by a conventional gravity sewer with flows being conveyed to the STP by a 750 mm trunk gravity sewer. Sewage from the northern portion of Gunnedah is collected at SPS No 1 (Bloomfield St SPS) from where it is transferred via a rising main into the 750 trunk sewer main for subsequent transport to the STP. The Bloomfield St SPS transfers 45 L/s with a single pump running and up to 60 L/s with both pumps operating.

The Gunnedah Sewerage Scheme is currently being expanded to provide sewerage services to industrial estates located to the north-west of the STP. As part of the expansion a new SPS will be constructed that will discharge collected flows to the existing 750 trunk sewer main at manhole 332 (on the Kamilaroi Highway).

The new SPS will be constructed with the following stages:

Stage 1 – 26 L/s Stage 2 – 70 L/s Stage 3 – 104 L/s

All sewage will continue to be conveyed to the works via the existing 750mm diameter gravity main.


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3 Existing Sewage Treatment Plant

The Gunnedah STP is located off Boggabri Road (Kamilaroi Highway) to the north west of the township. The STP is located on Crown Land.

Figure 3-1: Location of Gunnedah STP

The existing treatment plant (shown in Figure 3-2) includes the following processes:

inlet works with mechanical screen and grit channel influent lift pump station Stage 1 – Imhoff Tank Stage 1 – primary settling tanks Stage 1 – trickling filters Stage 1 – humus tank Stage 2 – primary settling tank Stage 2 – trickling filter Stage 2 – humus tank maturation ponds recycled water transfer pump station primary anaerobic digester secondary anaerobic digesters sludge drying beds.

Refer to the report Gunnedah Sewerage Scheme Augmentation Strategy Study (NSW Commerce, June 2009) for a detailed description of the existing assets.


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Figure 3-2: Plant layout of the existing Gunnedah WWTP

The existing STP produces reasonable quality recycled water for cotton irrigation. The key issues driving the upgrade to the STP are:

the inlet works has limited hydraulic capacity and does not currently provide adequate screening the below-ground secondary digesters are in poor structural condition and need to be replaced the STP has a number of hydraulic constraints which limits the plant capacity many of the treatment assets require repair or refurbishment in order to continue to be used due to its age of construction there are a number of workplace safety aspects that are to be

addressed as part of the upgrade.


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4 Design Envelope

4.1 Design Horizon and Capacity

The STP upgrade is to allow capacity for residential population growth until 2038. Additional plant capacity is also required to treat flows from industrial estates that are planned to connect to the sewer during the design horizon.

The current load on the treatment plant is approximately 8,900 EP and 1.6 ML/day (ADWF). The plant experiences increases in flow during Ag-Quip (typically ~ 18-20 August). The design basis for the upgrade has been developed in consultation with GSC based on the available population, flow records and planning information.

Table 4-1 shows the population and influent sewage flows that form the basis of design of the upgrade.

Table 4-1 Design population and loads

Contributing loads

Residential Population

Current population 8,900 Gunnedah Tourism estimate

Projected population 9,457 NSW State and Local Government Area Population projections

Allowance for industrial flow

Contributing area (ha) 160.44 NSW Department of Commerce estimate for North West Business Park

Loading allowance (ET/ha) 15 Allowance for light industrial

Annual flow (kL/ET) 140

Total annual flow (ML) 337

Design Flows Residential Industrial Total

Equivalent Population (EP) 9,457 5,128 14,586

Flow load (L/EP) 180 180 180

Based on available flow monitoring records

ADWF (ML/d) 1.7 0.9 2.6

3ADWF (L/s) 59 32 91

PIF (9.8 ADWF) (L/s) 193 105 298

NSW Department of Commerce design figure

A summary of the design basis is given below. Further details are provided in the design basis memo in Appendix H.

Notes:

The allowance for industrial flows has been calculated based on approximately 160 ha of light industrial development. This area was taken from the NSW Department of Commerce report on the North West Industrial estate (NSW Department of Commerce, 2009). The allowance includes sufficient flow capacity for flows from the planned stage 3 SPS.

A peak wet weather flow factor of 9.8 ADWF has been adopted based on the Pre-Concept report (GHD, 2013) and original planning study from NSW Department of Commerce (NSW Department of Commerce, 2009).

The incoming 750mm gravity main has sufficient capacity to transfer the peak instantaneous flow of approximately 300 L/s without surcharging.


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All flows up to 3 times the Average Dry Weather Flow (ADWF) will receive screening, secondary treatment and discharge. Flows greater than 3 times ADWF will receive screening before bypassing secondary treatment. The objective of limiting the flow through the treatment process is to improve plant performance and effluent quality by reducing potential scouring of the primary tanks under storm flow conditions.

4.2 Liquid Trade Waste

Sewage generated in the Gunnedah catchment is predominantly from domestic residents, with some contribution from commercial and light industrial businesses. There are not significant trade waste contributions within the sewerage network.

GSC has implemented a Liquid Trade Waste Policy for commercial and industrial discharges to the Gunnedah sewer.

4.3 Septage Reception Facility

Septage is currently delivered to the Gunnedah STP via a manhole on the incoming gravity sewer.

The upgraded Gunnedah STP will include a Septage Reception Facility to receive tanker deliveries of the following wastes:

wastewater holding tank pump-outs from roadside rest areas sewage sludge and residuals including nightsoil and septic tank sludge (K130).

The Gunnedah STP Septage Reception Facility will not accept any other liquid trade wastes. Wastes not accepted include:

chemical toilet waste grease trap waste (K110) waste oil/hydrocarbons mixtures/emulsions in water (J120) liquid food waste (K120).

The allowance for the delivery of grease trap and septic waste is shown in Table 4-2.

Table 4-2: Design allowance for septic reception facility

Item Value Comments

Roadside rest area wastewater & Septic and grease trap waste

4 kL per delivery (maximum)

12 kL/day (maximum)

40 kL/week (average)

The septage reception facility is sized based on a maximum delivery of 4 kL.

A maximum daily allowance of 12 kL is recommended to limit odour generation.

Septage deliveries will only be accepted during working hours with the STP operator in attendance.

Septage deliveries will not be received during wet weather while the plant is bypassing.

Septic Tanker Quality (50 & 90%ile)

50%ile

COD 5,600 mg/L

BOD 1,600 mg/L

TKN 190 mg/L

TP 43 mg/L

TSS 2,800 mg/L

VSS 50% of TSS

90%ile

COD 17,800 mg/L

BOD 6,000 mg/L

TKN 700 mg/L

TP 140 mg/L

TSS 16,000mg/L

VSS 50% of TSS

Septic tanker quality characteristics are from literature values.


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4.4 Effluent Quality

Under normal operation, 100% of the treated effluent from Gunnedah STP is transferred to North Gunnible where it is blended with other water prior to being used for cotton irrigation. Under exceptional circumstances the STP has the capability to discharge effluent to Blackjack Creek which drains to the Namoi River.

Treated effluent from the upgraded Gunnedah STP is to meet the conditions of the Environmental Protection Licence and the Effluent Agreement.

4.4.1 Environmental Protection Licence Requirements

Gunnedah STP operates under EPL 831. Under the existing licence, the STP is required to meet the concentration limits in Table 4-3 and the annual mass and volume load limits in Table 4-4.

Quality monitoring is undertaken at the STP. The licensed discharge point is the discharge from the effluent reuse pipeline.

Table 4-3: Existing concentration limits for discharge from effluent reuse pipe (EPL 831)

Quality Characteristic Release Limit Limit Type Monitoring Frequency

BOD (mg/L) 20 a 90 percentile Monthly

Suspended solids (mg/L) 30 a 90 percentile Monthly

Oil and Grease (mg/L) 10 90 percentile Monthly

a. The licensee is not taken to have exceeded a quality limit specified in this licence for BOD, or TSS if monitoring by the licensee shows that the level of chlorophyll-a in the duty storage pond during any

exceedance was 50 g/L or more (showing that the exceedance was caused by excessive algal growth).

Table 4-4: Existing volume and mass load limits (EPL 831)

Quality Characteristic Load limit (kg)

BOD 7,104

Nitrogen 7,337

Phosphorus 3,165

Suspended solids (mg/L) 16,824

Oil and Grease (mg/L) 1,750

Megalitres per year 1095 ML

Condition O4.3 of the current licence requires that all inflow to the STP receives screening, de-gritting, primary sedimentation, trickle filtration, secondary sedimentation (humus tank), and final ponding.

4.4.2 Recycled Water Requirements

Treated effluent from Gunnedah STP is transferred to North Gunnible where it is blended with water from other sources before being used for irrigation. The supply of treated effluent is under a deed of agreement between GSC and the landowner. Under the effluent reuse agreement, GSC is to supply 312 – 1500


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ML/year of secondary treated effluent that is within acceptable parameters for agricultural irrigation. The current deed expires in March 2019.

Recycled water schemes in NSW are jointly regulated by Local Councils, The Office of Water and the Environmental Protection Agency.

Guidelines on acceptable parameters for agricultural irrigation are given in the NSW EPA guideline Use of Effluent for Irrigation and the Australian Guidelines for Water Recycling. The water quality and disinfection requirements depend on the intended reuse and the level of site controls in place to limit contact with the treated effluent.

It is understood that the irrigation water is used for production of non-food crops including:

Cotton Canola Rye grass pasture.

The applicable treatment and disinfection standards are summarised in Table 4-5.

Table 4-5: Guidelines for treatment, disinfection and irrigation controls for the spray application of treated effluent (NSW Use of effluent by Irrigation)

Type of reuse

Level of treatment

Effluent quality Effluent monitoring Controls

Non-food crops

Cotton etc.

Secondary with pathogen reduction

pH 6.5 – 8.5

Thermotolerant coliforms < 10,000 cfu/100 mL

pH weekly

BOD weekly

SS weekly

Thermotolerant coliforms weekly

Application rates limited to protect groundwater quality

Restricted public access

Withholding period normally 4 hours or until irrigated area is dry

The presence of helminths in irrigation water can result in the transmission of tapeworm diseases to cattle and pigs when treated effluent is used for fodder production. Accepted processes for helminth control are:

25 days of settling in a detention pond or lagoon (at minimum water level) or approved filtration such as sand or membrane filtration.

Helminth control to the recycled water used for irrigation will be provided by providing 25 days of settling through the existing maturation ponds.

4.4.3 Consultation Requirements

The proposed upgrade to the Gunnedah STP is designed to reduce the overall risk to the environment by improving treatment reliability.

It is understood that environmental approvals for the existing effluent irrigation scheme were based on an effluent irrigation rate of 3.5 ML/day. This is less than the 2.6 ML/d ADWF that will be reached during the proposed design horizon.

Key issues to be discussed with the EPA are:

A revision to the existing mass load limits in line with the increase in flow so that these do not become de facto concentration limits

A revision to the operating condition O4.3 to allow storm flows to bypass the secondary treatment process.


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4.5 Biosolids Stabilisation

The treatment and stability requirements for biosolids are outlined in the NSW guideline, Use and Disposal of Biosolids (NSW EPA, 1997). The classification of biosolids takes into account both a biosolids contaminant grade and stabilisation grade.

Biosolids produced by the Gunnedah STP are currently disposes of to landfill. The upgrade will be designed to produce Class B sludge stability. Provided the contamination grade is acceptable (Class C or better), the stabilised biosolids will be suitable for agricultural reuse.


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5 Concept Overview

The concept design of the Gunnedah STP upgrade is summarised in the process flow diagram in Figure 5-1. Further details on the concept design are provided in the following:

Process flow diagram (Appendix A) Process and Instrumentation Diagrams (Appendix B) Site Layout, plans and elevations (Appendix D).

Influent wastewater will be transferred to Gunnedah STP via the existing 750 mm gravity main.

Under the upgrade work a new lift pump station, inlet works, anaerobic digester and mechanical dewatering facility will be constructed. The existing inlet works, below ground anaerobic digesters and drying beds will be decommissioned.

Following the upgrade work, wastewater treatment at Gunnedah STP will include:

Preliminary treatment – screening and grit removal, washing and compaction Primary treatment – using the existing Imhoff and primary tanks Secondary treatment – using the existing trickling filters and humus settling tanks Lagoon treatment in the existing maturation ponds Effluent transfer using the existing transfer pump station.

All flows up to 3ADWF will receive full treatment (mechanical screening, grit removal, primary settling, trickle filters and maturation detention). Storm bypass flows greater than 3ADWF will receive manual screening prior to bypassing to the maturation pond.

New sludge treatment and biosolids dewatering facilities will be installed to replace the stage 1 anaerobic digesters and the sludge drying beds. Following the upgrade, sludge collected by the primary tanks will receive anaerobic digestion before being mechanically dewatered and loaded into a trailer for off-site disposal.


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Figure 5-1: Gunnedah STP process flow diagram and monitoring point locations

Inlet Works

Imhoff Tank

Trickling Filter 1

Humus Tank 1

Namoi River

Primary Sed. 1Dosing Siphon

Flume

MH3

MH332

3 x ADWF

Maturation Pond

Reuse Storage Pond

Private Irrigator Irrigation Area

MH2

MH1

Inlet Works

Existing Step Screen

Inlet Lift Pumps

Distribution ChamberTrickling Filter 3

(Stage 2)

Humus Tank 2

Primary Sed. 3(Stage 2)

EffluentChannel

EPA Quality Monitoring Point

Primary Sed. 2(Stage 1)

Bar Screen

Stage 1Feed Channel

Trickling Filter Bypass

Trickling Filter Bypass

Trickling Filter 2(Stage 1)

EPA Flow Detection Point

EPA Flow Monitoring Point

Emergency Storage Pond

9.8 x ADWF

1.5 x ADWF

InletLift Pumps

3 x ADWF

9.8 x ADWF (When Full Bypass is Required)

1.5 x ADWF

1.5 x ADWF

Bar Screen

Septage Reception

To Digestion

To Digestion

To Digestion

To Digestion To Inlet Works

To Inlet Works


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6 Design Description

6.1 Site Layout

6.1.1 Overview

A site layout for the upgraded Gunnedah STP is provided in Appendix C.

The site layout has been developed in conjunction with the GSC project team. The proposed site layout reflects the following considerations:

Efficient use of available site space A minimum separation distance of 10m between structures for construction access Minimisation of pipe runs for key hydraulic grade Inlet works location to provide sufficient hydraulic grade for gravity flow to the existing process

trains Suitable vehicle access to the inlet works, sludge dewatering area and septage reception facility. Amenities building located to provide overview of plant access.

The site layout of the draft concept is significantly constrained by the layer of hard rock which underlays the site. The limited construction depth, based on the current geotechnical information suggests that the use of sludge lagoons may not be practical on this site. Solutions to this issue will be discussed at the Concept review workshop.

6.1.2 Geotechnical Considerations

Regional Geotechnical Solutions Pty Ltd provided a report on the site geotechnical conditions in June 2015. Seven test bore holes were taken across the site area.

The report noted that the site is underlain by a sequence of fill, alluvium and residual clay underlain by rhyolite rock of very high strength. The level of rock varies from near the surface in the north western portion of the site to 3.0m below the surface in the south western section of the site.

Excavation of the high strength rock will be required for the construction of the inlet lift pumping station, inlet works and the digester. It is expected that excavation in these areas will require rock hammering, sawing or milling, using large excavators. A pneumatic drilling rig may also be required to increase jointing in order to aid excavation.

The building foundations should be designed as per the requirements of AS2870-2011 for a Class M site. All footings should be founded within the weathered rhyolite or deeper.

There is adequate allowable horizontal bearing pressure (50-150kPa) on site meaning that any thrust blocks will be relatively small.

Area of the site where pavements will found on the alluvial and residual clays will have a design CBR of 2%. These areas will require over excavation and replaced with a sub-base layer approximately 300mm thick. Based on a 300mm thick layer of DGS40 or similar a CBR value of 15% should be achieved. A base course layer would then be required to achieve a CBR of 30% required for founding a rigid concrete pavement.

Further detail can be referred to in the June 2015 geotechnical report prepared by Regional Geotechnical Solutions.


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6.1.3 Flood Levels

The Pre-Concept Investigation (GHD, 2013) notes that the Gunnedah STP is protected from flooding by an earthen levee bank that is constructed to provide protection up to a 1:100 ARI event.

During a 1:100 year ARI flood condition however the emergency outlet from the effluent storage to the Namoi River could be below the flood level and may not function. If the effluent transfer pumps were unavailable, this would result in treated effluent and site stormwater runoff accumulating onsite.

This risk has been noted by GSC and operational response measures have been discussed. No further work is proposed under this upgrade.

6.2 Hydraulic Design

The hydraulic design is based on utilising a new Inlet Lift Pump Station to control the flow to full treatment to optimise performance of the treatment units.

The hydraulic design includes:

A new Inlet Lift Pump Station to transfer 3ADWF to the raised inlet works A new hydraulic flow splitter to transfer flows 50:50 to Stage 1 and Stage 2 treatment streams A new inlet works bypass from the Inlet Lift Pump Station to transfer up to 1.5 ADWF to the Stage

1 Imhoff tank and process stream A new STP bypass from the Inlet Lift Pump Station to transfer flows greater than 3ADWF to the

maturation ponds Modifying the primary sedimentation and Imhoff tank weir heights Removal of the flume on the inlet to the Stage 1 dosing chamber Replacement of the Stage 1 trickle filters Work to increase the hydraulic capacity of the existing trickle filter bypasses

The hydraulic profile of the works is provided in Appendix E.

6.3 Preliminary Treatment Area

6.3.1 Connection to existing sewer main

A new diversion manhole will be constructed on the existing 750mm gravity sewer opposite the STP. A new incoming sewer pipeline will be installed from the diversion manhole to the Inlet Lift Pump Station. Stop-boards will be installed within the diversion manhole to enable cutover to the new inlet works during plant commissioning.

6.3.2 Inlet Lift Pump Station

A new Inlet Lift Pump Station will be installed. The Lift Pump Station receives flows from:

the incoming gravity sewer the septage reception facility scour pipework from the inlet works reception and flow distribution chambers and drainage from the inlet works hardstand area.

The Inlet Lift Pump Station has three submersible N-series pumps installed in a duty/assist/standby configuration. The pumps are fitted with variable speed drives to assist in the balancing of flows presented to the inlet works and process streams. At full speed, lift pumps transfer 3ADWF to the inlet works with two pumps running.

The lift pumps have hardened impellers suitable for pumping raw sewage in a high-grit environment.

The base of the Inlet Lift Pump Station is benched to a grit collection sump.


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A mag flow meter on the Inlet Lift Pump Station rising main is used to monitor and record the flow transferred to the inlet works.

6.3.3 Inlet Works Bypass and STP Bypass Weirs

The Inlet Lift Pump Station includes two static overflow weirs. These bypass weirs are designed to maintain process control during wet weather flow conditions and power failures.

During wet weather flows (greater than 3ADWF) the level in the Inlet Lift Pump Station rises and overtops the inlet works bypass weir. Flows overtopping this weir bypass the inlet works and flow to the inlet channel of the Stage 1 Imhoff Tank.

The hydraulic capacity of the inlet works bypass is limited to 1.5ADWF. At flows greater than this, a second static weir overtops causing flows to bypass the STP and flow to the maturation ponds.

All bypassed flows pass through a manually raked inclined bar screen with 20mm aperture. The overflow channel is benched to drain back to the Inlet Lift Pump Station.

Overflow events are detected by a level sensor in the bypass line. This level sensor also enables the volume of the bypass to be calculated.

If the bypass screen becomes completely blocked, the inlet works walls have been set high enough so that all flows are retained in the inlet works without surcharging.

6.3.4 Septage Reception Facility

The preliminary treatment area includes a new Septage Reception Facility.

The Septage Reception Facility includes a drive over hardstand. Drainage from the hardstand area drains to the Inlet Lift Pump Station.

Septage is discharged by the delivery driver via a Kamlock fitting into a septage reception pit. A mag flow meter on the inlet pipework provides monitoring of the septage delivery volumes to allow for volume based charging to be implemented.

A coarse bar screen is installed in the septage reception pit with 100mm aperture to protect the inlet pumps from large solids.

The Septage Reception Pit is covered by removable mesh grating that allows visual observation of the septage waste being delivered. The mesh grating can be removed for hosing of the channel and raking the manual screen. Screenings can be raked onto a drip tray on the pit cover for dewatering and disposal.

A hose-point is provided for flushing.

The pit drains to the Inlet Lift Pump Station where the septage is diluted with raw sewage.

Septage deliveries are only to occur during working hours with the operator in attendance. Septage deliveries will not be received during conditions where the septage may bypass the treatment system - this includes wet weather flows and power outages.

6.3.5 Inlet Works

Flows from the Inlet Lift Pump Station are transferred to a new stainless steel package inlet works. The inlet works is installed on a concrete hardstand area that drains back to the Inlet Lift Pump Station.

6.3.5.1 Reception Chamber

The inlet works receives flow from:

Inlet Lift Pump Station Humus pump station Filtrate pump station.


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A reception chamber provides a point for connection of these rising mains and provides some hydraulic flow conditioning prior to the inlet screens.

The chamber has a benched floor to minimise grit deposition.

6.3.5.2 Inlet Screens

Automatic screening is provided by duty/standby sieve-screens with 5mm aperture. Each sieve screen is sized to provide screening for 3ADWF plus internal recycle flows.

Isolation valves are provided to enable each inlet screen to be isolated individually.

Screening washing and dewatering is provided by a screw compactor that forms part of each sieve screen unit. The screenings washing and dewatering reduces the organic content in the screening material which reduces odour and vector attraction. A rotating screw conveys captured screening out of the effluent and dewaters the screening material to approx. 40% dry solids prior to discharge to the washed screenings bin. Water sprays assist in washing organic material from the screenings. The dewatered screenings are deposited in a bin to the side of the inlet works and are contained within an endless bag system.

The screening system will operate typically in a level control mode with the screens cutting in once an operator adjustable high level is reached and shut down once low level is reached. If upstream level control probe is unavailable the screens can be operated in an operator adjustable pre-set timer mode. In timer mode the screens will start at pre-set intervals and run for a pre-set time.

In all situations if the high level switch is triggered then the screen will run (if available) for a pre-set time and stop.

When the screen is operating the screw compacter and washing system will operate.

The screenings bin is to be collected for offsite disposal by a local waste contractor.

6.3.5.3 Grit Chamber

The inlet works includes a constant velocity grit channel to reduce the volume of grit transferred to the treatment process. This will reduce maintenance on the downstream sludge handling systems. The grit chamber will be graded to deposit grit to central screw conveyor which will be used to deposit the grit into the grit classifier.

Grit is removed from the grit chamber based on a timed cycle or the volume of flow that has passed through the chamber. The grit classifier uses an inclined auger to wash and dewater the grit product.

The grit transfer system operates without the use of aeration which may remove biodegradable carbon from the wastewater.

Dewatered grit is discharged to a bin for disposal by licensed waste contractor.

6.3.5.4 Splitter Chamber

A splitter chamber is provided at the outlet of the inlet works. The chamber has equal length weirs for splitting flow between the existing Stage 1 and Stage 2 process streams. The flow is split evenly between the two stages using adjustable weir plates.

The flow splitting chamber will be provided with a scour valve and pipeline to the Inlet Lift Pump Station.

Stop boards may be inserted at the splitter chamber to isolate Stage 1 or Stage 2.

A temperature, pH and conductivity probe will be installed in the splitter chamber for the purpose of monitoring the inflow characteristics.

6.3.5.5 Odour Control

To help reduce odour generation from the STP, the package inlet works will be covered. As per the existing STP, the new inlet lift pump station and associated bypass weirs will remain uncovered.


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At this stage no other specific odour control measures have been included in the design.

6.3.6 Pipework

Upgrade work at the Preliminary Treatment Area includes the following new pipework:

DN750 gravity main from the new diversion manhole to the new Inlet Lift Pump Station Rising main from the Inlet Lift Pump Station to the package inlet works Gravity main from the Inlet Lift Pump Station to the Stage 1 Imhoff tank inlet channel Gravity main from the Inlet Lift Pump Station to the Stage 2 Primary Settling Tank Gravity Inlet Works bypass main from the Inlet Lift Pump Station to the Stage 1 Imhoff tank inlet

channel Gravity STP bypass main from the Inlet Lift Pump Station to the Maturation Pond Drain pipework from the inlet works hardstand to the inlet lift pump station Scour pipe from the inlet flow splitting chamber and grit removal chamber to the inlet lift pump

station. Connection to the site recycled effluent pump station to the screening and grit removal system Potable water connection for site hose down (1 at the inlet works and one at the septage receival) Connecting pipework from the septage receival pit to the inlet lift pump station

6.3.7 Decommissioning

The upgrade includes the following decommissioning:

Decommissioning of the existing inlet works Decommissioning of the existing Lift Pump Station Decommissioning of the existing inlet DN600 sewer main from the inlet manhole to the existing

inlet works Investigation, removal and disposal of the abandoned 18” asbestos inlet pipe from the inlet

manhole to the Stage 1 Imhoff tank (refer to 1967 General Arrangement Drawing).


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6.4 Sludge Digestion and Biosolids Dewatering Upgrade

The project includes an upgrade to the Gunnedah STP sludge handling facilities. Under the project a new anaerobic digester and a biosolids dewatering facility will be constructed to replace the Stage 1 anaerobic digesters and the sludge drying beds. A process flow diagram of the upgraded sludge handling process is shown below.

Figure 6-1: Gunnedah STP sludge handling and digestion process flow diagram

Details on the sludge handling upgrade are given below.

6.4.1 Primary Anaerobic Digester

The existing Primary Anaerobic Digester will continue to be used.

The upgrade will include:

Decommissioning and removal of the existing digester mixer located on the digester roof Installation of a new digester mixing facility. The mixing facility includes a progressive cavity mixing

pump and discharge manifold within the digester to provide mixing of the digester contents. The mixing pump will be installed at ground level on a new slab. Connections for the inlet and discharge of the mixing pump will be cored into the existing digester wall.

The digester mixing system will also include a foam breaker system to disrupt and mix foam and scum which can accumulate on the top of the digester.

Installation of a variable height supernatant offtake facility


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6.4.2 Secondary Anaerobic Digester

A new secondary anaerobic digester is to be constructed. The secondary digester will be an above ground concrete digester similar to the existing primary digester.

The secondary digester is to provide the same process volume as the existing primary anaerobic digester. The digester will include:

A new digester mixing facility (as for the Primary Anaerobic Digester). All digester pipework and valves including – inlet, overflow, supernatant bleed pipework and valves.

The digester will also be provided with variable supernatant take-off points for the removal of supernatant from settled sludge. Being able to concentrate the sludge in the secondary digester is critical to ensure the retention time of sludge in the digester is maximised.

6.4.3 De-sludge Valves

Sludge generated from the treatment process is collected in the Imhoff Tank and Stage 1 and Stage 2 Primary Settling Tanks. (Humus sludge from the Humus Clarifiers is co-settled in the primary tanks).

The following valves are to be replaced with new manual valves:

Stage 1 Imhoff tank sludge draw off valve (8”) Stage 1 PST 1 sludge draw off valve (4”) Stage 1 PST 2 sludge draw off valve (4”)

Actuated de-sludge valves are to be installed on Stage 2 Primary Sedimentation Tank, Humus Tank 1 and 2.

6.4.4 Sludge Transfer Pump Station

A new Sludge Transfer Pump Station will be installed. The Sludge Transfer Pump Station will include two duty/standby positive displacement sludge transfer pumps mounted on a new slab.

The Sludge Transfer Pump Station will draw from the existing sludge mixing well and will be used to transfer:

raw sludge from the well to the digesters sludge between the digesters and digested sludge to the biosolids dewatering facility feed averaging tank.

The Sludge Transfer Pump Station includes a pipe manifold and automated valving to enable these sludge transfers.

A flow meter on the sludge feed pump is used to monitor the volume of sludge that is sent to dewatering.

6.4.5 Biosolids Dewatering Facility

6.4.5.1 Overview

A biosolids dewatering facility is to be constructed as part of the upgrade. The biosolids dewatering facility is to dewater the anaerobically digested sludge to produce a dewatered biosolids cake for off-site disposal.

The biosolids dewatering facility includes:

A feed averaging tank A sludge feed pump A polymer dosing system to dose liquid polymer into the sludge feed A single (duty only) mechanical dewatering unit A conveyor system to transport dewatered biosolids to a trailer for offsite disposal A dewatering building including a biosolids outloading area


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A filtrate return pump station

The biosolids dewatering facility has been sized to enable the design sludge production to be dewatered in three 8 hour days per week.

6.4.5.2 Feed averaging tank

The feed averaging tank (FAT) receives anaerobically digested sludge from the Sludge Transfer Pump Station. The FAT is used to homogenise the concentration of sludge that is fed to dewatering improve performance of the polymer dosing and dewatering unit.

That FAT is fitted with a submersible mixer and two level probes. Service water connections are available to enable the feed sludge to be diluted and the feed line to the dewatering unit be flushed if required.

The working volume of the FAT is sized to receive 8 hours of dewatered sludge feed at design conditions.

6.4.5.3 Dewatering unit

Digested sludge will be dewatered using a package dewatering system. At the time of this report (July 2015) the type of dewatering unit has not yet been selected. The selected dewatering unit should be:

Capable of producing a high dry solids content that is acceptable for GSC’s landfill facility Enclosed to minimise odour and aerosol generation Low noise Readily serviceable.

The concept design has been developed based on a Rotary Fan Press dewatering unit. A description of this unit is given below.

The Rotary Fan Press package plant includes a sludge feed pump, polymer dosing and conditioning facility and fan press dewatering unit. Anaerobically digested sludge is conditioned with polymer before being pumped into the press. Once inside the press a “fan” rotates the sludge around a chamber to the outlet at the top of the chamber. The outlet design provides back-pressure on the sludge in the chamber which helps to force water through filter plates on either side of the chamber (Figure 6-2).

With the correct rotation speed of the fan and backpressure, a significant portion of the water can be removed from the sludge allowing a biosolids cake to be formed. The dewatered biosolids cake is discharged from the unit onto an outloading conveyor.

Figure 6-2: Rotary Fan Press Cross Section (PSIRotary, 2015)


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With mechanical dewatering equipment it is possible that a system may be out of service due to mechanical failure for extended periods of time. The duration of downtime of mechanical dewatering equipment broadly depends on:

Available spare parts Available service technicians.

Based on discussion with suppliers, the typical down-time for equipment failures for the options considered here would be in the order of days (and not weeks) provided that suitable spare parts are kept onsite.

The two anaerobic digesters provides some flexibility to suspend dewatering activity without detrimentally affecting the process. Under normal loading conditions at Gunnedah STP, it is anticipated that a retention time in the anaerobic digesters in the order of 1 week may be available.

Given the available sludge retention time in the digesters at Gunnedah it is proposed to provide a single duty sludge dewatering unit (no standby) and to carry a stock of critical spares onsite. The supply of spare parts and services will need to be included in the tender documentation for the upgrade works.

6.4.5.4 Dewatering Building

The sludge feed pump, polymer dosing system and biosolids dewatering equipment will be installed within a new portal frame Colorbond® building. The dewatering building is designed to include physical space to install an additional standby mechanical dewatering system in the future.

The dewatering system is designed to operate with liquid polymer. Liquid polymer is received in 20 L or 200 L drums which are delivered onto a storage platform.

The biosolids outloading area consists of a hardstand area for the parking of a trailer to collect the dewatered biosolids. An inclined conveyor outloads the dewatered biosolids from the dewatering unit onto the trailer. A safety barrier is installed around the conveyor. The outloading area is covered with an awning.

Drainage from floor drainage channels within the dewatering room and from the outloading area are collected and drained to the filtrate return pump station.

6.4.5.5 Filtrate Return Pump Station

Liquid filtrate (removed from the sludge by the dewatering equipment) is returned to the Inlet Works by the Filtrate Return Pump Station.

The filtrate return pump station is a below ground package pump station fitted with duty/standby submersible pumps. The non-return and isolation valves are installed in a separate pit that enables them to be serviced without entering the pump station wet well.

The filtrate return pump station receives:

Filtrate from the mechanical dewatering equipment Drainage from the dewatering building floor drains Runoff drainage from the biosolids outloading area Sewage from the new amenities building.

6.4.6 Decommissioning

The upgrade includes the following decommissioning of sludge handling facilities:

Decommissioning of the existing below ground Stage 1 digesters. Decommissioning is anticipated to include removal of the digester rooves, filling of the digesters and making the area safe. A new walkway platform is to be installed over the digesters.

Decommissioning of the existing digester sludge transfer pump, disused pipework and valves Decommissioning of the dry well and making this area safe.


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Demolition of the existing digester building and installing a weather-proof lockable access hatch cover over the existing dry well.

Decommissioning, demolition and removal of the existing sludge drying beds.

The sequence of construction and decommissioning is to be programmed so that sludge dewatering facilities remain operational throughout the construction period. The southern drying beds may be used during construction until the dewatering facility is operational.

6.5 Upgrade and remediation of existing treatment assets

The upgrade project includes the repair and refurbishment of the existing treatment assets. The upgrade also includes modifications to the hydraulics of the main process stream to improve process control and performance during wet weather flow conditions.

Details of the refurbishment of the existing plant is given below.

6.5.1 Stage 1 Imhoff and Primary Tanks

The Stage 1 primary treatment area includes the Imhoff tank and two primary settling tanks that were constructed in 1942.

The concrete of the channel walls of the Imhoff Tank and primary tanks are cracked and deteriorated in places. A safety review has also identified that there is no protection against falls into the tank.

Work in this area includes the following:

Raise the overflow weir of the Imhoff tank by 20 mm Raise the peripheral weir of the primary sedimentation tank by 60 mm Complete repairs to the Imhoff Tank and primary settling tank channel walls. Remove the

deteriorated concrete, chase back and repair with epoxy mortar. Install new stop-boards in the inlet channels to each of the PSTs to allow each of the PSTs to be

isolated A new handrailing and mesh walkway is to be installed around the perimeter of Imhoff and primary

tanks. Consideration will need to be given to maintaining the ability for the operator to hose down the tank surface and channels without being obstructed by the handrail.


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Figure 6-3: Stage 1 PST – exposed walls show concrete damage

6.5.2 Stage 1 Dosing Chambers

Primary effluent from the Stage 1 primary tanks is conveyed by a channel to the Stage 1 dosing chamber. The dosing chamber distributes flow to the two Stage 1 trickle filters. An inlet flume to the dosing chamber restricts the rate of inflow. At the discharge end of the dosing chamber there is an overflow weir which directs effluent to the trickling filter outlet channel.

A hydraulic review has identified that the inlet flume is unnecessarily limiting the hydraulic capacity of the Stage 1 process train and that the level of the overflow weir in the dosing chamber needs to be lowered.

Work in this area includes the following:

Demolish the flume on the inlet to the dosing chamber and repair concrete. Lower the height of the dosing chamber overflow pipe to 390 mm below top of concrete of the

dosing siphon. This means reducing the height of the overflow by 330 mm. Install handrails around the dosing chamber and modify walkways to ensure compliance with

AS1657.

Figure 6-4: Stage 1 Dosing chamber inlet flume (L) and dosing chamber (R). The bypass weir is at the top left of the chamber.


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6.5.3 Stage 1 Trickle Filters

The walls of the Stage 1 Trickle Filters are cracked and have dislocated. The walls have been stabilised with tension bands and the trickling are in working order.

Refurbishment work for the Stage 1 Trickle Filters includes:

Replacing the trickling filter feed arms and bearings. The new trickle filter arms shall have 25 outlet ports per arm with each port being 15mm diameter. Port spacing will be designed by the equipment supplier to provide even coverage.

Repair concrete around the base of the trickling filters. Remove deteriorated concrete, chase back and repair with epoxy mortar.

Remove brickwork and raise walls of trickling filter outlet channel Install marker points on the trickle filter walls for use during condition survey. The filter media is not to be replaced.

Figure 6-5: Stage 1 Trickling Filter showing existing dislocation of walls and filter outlet channel


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6.5.4 Stage 2 Primary Tank

The Stage 2 Primary Tanks is to be refurbished. The scope of work includes:

Mechanical blasting and recoating of the existing steel work Replacing the PST drive and slip rings Installing a new E-stop and plough switch on the PST drive Installing new access stairs, platform and hand railing to access the PST drive and the PST outlet Replacing the Stage 2 primary tank de-sludge valve with a new actuated valve that will enable auto-

de-sludging.

GSC has reported that the power supply cable that runs under the Stage 2 primary tank is corroded and is rusted within the conduit. Therefore this power supply will be disconnected and a new overhead power cable will be run to the PST drive. This will include the provision of the required support poles and catenary cabling supports

Figure 6-6: Stage 2 PST - steel work, access stairs and sludge valve


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6.5.5 Stage 2 Trickle Filter

The Stage 2 Trickle Filter has recently be refurbished by GSC and is in good working order.

The Stage 2 Trickle Filter bypass discharges into a 9” AC overflow and bypass pipe.

Remove and replace the AC trickle filter bypass pipe. The discharge of the overflow and bypass pipe should be fitted with an elbow to direct flows in to the collection chamber to prevent splashing out of the chamber.

Provide drainage around the trickling filter bypass reception chamber such that accumulated solids can be washed to the humus tank through the trickling filter underdrains.

Figure 6-7: Stage 2 Trickle filter bypass pipe


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6.5.6 Humus Tanks

The humus tanks are to be refurbished. The scope of work includes:

Repair of concrete around Humus Tank 1 Replace handrailing around Humus Tank 1 and 2 Replacement of the clarifier driver on Humus Tank 2 Replacement of the humus return pump Replacement of the humus return pump lifting frame and lifting device Concrete repairs Replace retaining wall brickwork along effluent channel Assessment of the condition of the humus return pipework. Allow for replacement of the humus

return rising main from the humus pump station to the digester and inlet works.

Figure 6-8: Stage 1 Humus Tank (Top left); Stage 2 Humus Tank (Top right); Humus pump station and lifting frame (bottom)


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Figure 6-9: Retaining brickwork along effluent channel to be replaced

6.5.7 Maturation Ponds

The maturation pond banks are to be stabilised with rip-rap. This work will be carried out by GSC.

6.5.8 Effluent Transfer Pump Station

The effluent transfer pump station is in reasonable working order. However, the electrical switchboard may be below flood level. The position of the switchboard should be reviewed against GSC’s flood protection standard to check that there is adequate flood protection in this area.

GSC will review the level of flood protection at the pump station and undertake any remediation work as a separate contract.

The existing Effluent Transfer switchboard has evidence of vermin egress resulting in mess and debris internally. Therefore it will require an inspection of its integrity and thorough cleanout and sealing, requiring a scheduled outage and isolation. This work will be undertaken by GSC.


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6.6 Site Work

6.6.1 New Amenities Building

The upgrade includes a new amenities building. The building is a purpose built, pre-fabricated purpose built building.

The building will have Colorbond cladding and roofing.

The amenities building will include:

Meeting/ lunch room that includes a computer work station Bathroom with toilet, shower and washing machine Laboratory testing room.

Sewer from the building will drain to the Filtrate Return Pump Station.

6.6.2 Roads

A new ring road will be constructed to provide operational and maintenance access to the new treatment processes.

Rigid pavement (reinforced concrete) will be used for road adjacent to the inlet works to allow for septage tanker delivery and waste removal trucks

Rigid pavement (reinforced concrete) will be also used for road adjacent to the biosolids outloading area to allow for biosolids removal trucks

Rigid pavement (reinforced concrete) with concrete roll over kerbs will be used for the site ring road including truck turning areas (to minimise road surface damage)

Soft pavement (compacted road base) to be used for all other roads as these will be infrequently used.

6.6.3 Access walkways, platforms, stairs, handrails, kick plates

The existing walkways, handrails, platforms and stairs at the site are in poor condition.

All are to be replaced under the upgrade.

The replacement access is to use the following materials:

All areas – marine grade aluminium.

6.6.4 Water

The site uses reticulated potable water for hosedown points. These is an existing RPZ at the site boundary.

The site service water system is to be replaced as part of the upgrade. The proposed work includes:

Remove the existing potable reticulation system Install a new RPZ. Install a new reticulation pipework to service the treatment site (inlet works, primary tanks,

biosolids dewatering facility, humus tanks and amenities building). The water supply to the amenities building is to be fitted with its own RPZ to provide an independent pressure supply zone to the site water reticulation )

Install new hose connection points to serve these areas. (Refer to P&ID) Site record drawings indicate that the site is supplied by a 2” water supply connection from GSC’s potable water system. Preliminary calculations indicate that the water supply to the site should be upgraded to a 150 mm water supply to the potable water main. Further information on the available water pressure at the site will be used to confirm the required sizing.


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6.6.5 Landscaping

The boundary fence area will be planted with native trees to provide a vegetation screen for the highway and access road.


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7 Electrical and Control

7.1 Power

7.1.1 Incoming Power

The power supply to the Gunnedah STP is supplied via an existing 200 kVA pole mounted transformer located to the south of the trickling filters. Overhead low voltage (LV) lines traverse the site from the transformer to multiple Supply Authority metering points that power the existing works.

A preliminary estimate has been made of the maximum demand following the upgrade. Preliminary calculations based on the loads presented in Table 4-1 indicate a maximum demand of the upgraded facility to be approximately 130 kW. Therefore the existing 200 kVA transformer has sufficient capacity to cater for the estimated 155 kVA load of the upgraded facility. The preliminary load estimate includes an allowance for a future dewatering system if required during this design horizon.

It is understood that at the time of the installation of the effluent transfer pumping station, an allowance was made for the future installation of two 55 kW effluent transfer pumps to supply recycled water to a future urban scheme. There is no current driver to install this scheme and as such the power supply for these future effluent transfer pumps has not been included in the preliminary load estimate for the transformer. (A review of the actual power consumption would be required prior to installing the future transfer pumps to determine whether an upgrade of the transformer is required). The proposed upgrade to the STP will however include capacity for this upgrade in the consumer mains, main switchboard and sub mains cabling to the Effluent Transfer Pump Station.

All existing LV aerial cabling, all existing switchboards and metering points are to be decommissioned and removed. New below ground LV cabling is to be installed to provide power to the Main Switchboard and all equipment beyond. The Effluent Pump Station will also be powered from the new Main Switchboard.

These works will need to be undertaken using a staged approach in order to maintain continuity of power supply to the STP. This may include the early removal of aerial conductors to provide safe access to work fronts. The Contractor will be required to develop a construction and changeover sequence for this work as part of the contract.

7.1.2 Generator Connection Point

The upgrade is to include installation of a generator connection point to enable a portable diesel generator to be used to maintain supply to the STP. The portable generator would be hired by GSC as required during periods of sustained mains power interruptions and would be sized to cater for the full STP load.

7.1.3 UPS

A 240V Uninterruptible Power Supply will be included, to provide a reliable and isolated power supply to PLC, SCADA, remote communications equipment and critical 240V instrumentation during any power outages.

As many modern instruments, solenoids and switches are powered from 24VDC, an ELV UPS system (batteries and charger) can also be included to service these devices. This provides a more basic and cost effective system than the 240V UPS, and also allows for a smaller rated 240V UPS to be installed.


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Table 7-1: Preliminary load estimate

Description Role kW

INLET LIFT PUMP 1 DUTY 13.5

INLET LIFT PUMP 2 ASSIST 13.5

INLET LIFT PUMP 3 STANDBY

SCREEN 1 - SIEVE DUTY 1.1

SCREEN 2 - SIEVE STANDBY

INCLINED GRIT SCREW CONVEYOR DUTY 0.6

GRIT SCREW CONVEYOR DUTY 0.6

STAGE 2 PRIMARY SED TANK RAKE DRIVE DUTY 0.4

HUMUS TANK 2 RAKE DRIVE DUTY 0.4

EFFLUENT TRANSFER PUMP 1 DUTY 55.0

EFFLUENT TRANSFER PUMP 2 STANDBY

MATURATION POND BLOWER DUTY 2.0

HUMUS SLUDGE PUMP DUTY 5.5

SLUDGE TRANSFER PUMP 1 DUTY 10.0

SLUDGE TRANSFER PUMP 2 STANDBY

STAGE 2 DIGESTOR RECIRCULATION PUMP DUTY 10.0

STAGE 3 DIGESTOR RECIRCULATION PUMP DUTY 10.0

FILTRATE PUMP 1 DUTY 2.0

FILTRATE PUMP 2 DUTY 2.0

FAT MIXER DUTY 5.5

DEWATERING SYSTEM FEED PUMP DUTY 3.7

DEWATERING SYSTEM FAN DRIVE DUTY 2.2

DEWATERING SYSTEM FEED PUMP (FUTURE) DUTY 3.7

DEWATERING SYSTEM FAN DRIVE (FUTURE) DUTY 2.2

DEWATERING PRESS CONVEYOR DUTY 1.5

MISCELLANEOUS - L&P, AIR CONDITIONING DUTY 15.0

SUBTOTAL 155.2

TOTAL (INCLUDING DIVERSITY @ 85%) 132.0


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7.2 Switchboards

7.2.1 Switchroom

A new switch room is to be constructed as part of the Dewatering Building structure.

The new switchboard will be designed for top cable entry into the switchboard with cables transitioning from the below ground pit system, upon cable ladder within the switchroom.

Within the switchroom, any larger variable speed drives would be wall mounted, in proprietary IP54 enclosures. This strategy provides benefits in that greater air flow around the VSD provides improved cooling. It also reduces the size of the required MCC. Furthermore, any major fault of a standalone device should damage that piece of equipment only, leaving the standby VSD and all other equipment within the MCC in operation.

7.2.2 Main Switchboard/ Motor Control Centre

The Main Switchboard (MSB) and the Motor Control Centre (MCC) will be integral, within a combined STP Switchboard. This provides the most cost effective solution and simplifies the power reticulation system. This will be housed within the new Switchroom

The switchboard will be designed to a Form 3b standard with 20-25% spare allowance to allow for future upgrades.

7.2.3 Drive Starters

Drive starters will employ conventional contactor / thermal overload technology. An alternative would introduce smart starter technology, whereby each drive is connected to the STP control system on a communications bus. However due to the relatively small rating of the drives and also serviceability, the conventional system is seen as the best fit.

The variable speed drives could be connected via a communications bus, to provide VSD monitoring and diagnostics onto the control system.

7.2.4 Effluent Transfer Switchboard

The existing Effluent Transfer MCC is in need of some maintenance, possibly replacement of some switchgear and sealing of penetrations. GSC has indicated that they will manage these works separately.

A new power supply will be introduced from the new site MSB and routed in a new underground conduit and pit system. The new STP SCADA will provide monitoring and control of the Effluent Pumps and Outflow. To facilitate this a PLC Remote I/O rack was considered, though due to the small quantity of signals, a more cost effective solution may be to install control cabling cable back to the main site PLC located within the Main Switchroom.

7.2.5 Proprietary Panels

Any proprietary panel offered will be subject to approval. It is preferable that switchgear is not located with Field Control Panels, therefore the design will incorporate all drive starters within the new Switchboard.

All equipment controls and status and will be interfaced to the STP control system, to enable on-line monitoring and control.

7.2.6 Local Operator Stations

Individual local operator stations shall be installed for all motors for the purposes of commissioning, maintenance and manual operation. Local operator stations shall include manual start, latching stop


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pushbuttons and in certain cases emergency stop pushbuttons (as required in accordance with a risk assessment to AS4024.1).

Operators shall be able to manually start and stop the pumps in the field once they have been selected to manual control at the respective switchboard. Manual control of a VSD shall utilise a pre-set speed within the VSD.

7.3 Cabling

All existing cabling is to be decommissioned and removed. A new site cable reticulation system shall be installed to cater for all motors, actuators and instruments.

Cabling between switchboard/s and equipment shall be installed in heavy duty PVC conduits or within cable ladder and supports upon the structures.

Pre-cast concrete cable pits shall be installed to manage change of conduit direction and maximum conduit run lengths. These pits would be located to avoid trafficable areas. Particular attention will be paid to ensure adequate pit drainage.

The cable ladder design needs to be to considerate of other services, not create interference with access and also allow for capacity for safe cable installation now and into the future

All new power, control, instrumentation (and any fibre cabling) shall be separated throughout the cable reticulation system with the use of individual conduits. All conduits will be sized to include capacity for future installations.

7.4 Lighting

The approach to external lighting design is to be minimalistic and generally to provide safe passage for Council staff and to illuminate relevant equipment.

The light fittings installed will be high efficiency luminaires. They will be located/ mounted in locations that facilitate ease of maintenance, for example wall mounting within sheds. Where practicable - external fittings will be mounted upon structures, this will reduce the need for lighting poles. Where poles are required, they will utilise swing poles to facilitate ease of access.

The building internal lights will be switched locally at each entrance point.

A bulkhead fitting will be included above each external door of the buildings. Both these and the yard lights will be switched via an AUTO-OFF-ON switch located upon the L&P DB within the switchroom. ‘AUTO’ will be driven via the PLC, dependant on the time of day and operator adjustable via the SCADA. This will provide the flexibility to align the switching of these lights with the Security system, or for an Operator to switch them remotely.

7.5 Power Outlets

The control building, laboratory and switchroom room will be fitted out with a generous quantity of double GPO’s, including a mix of standard and UPS outlets, plus Ethernet network and phone connections at the desk locations.

Suitably IP rated outlets will service the external locations in strategic locations. Field mounted single and three phase outlets will service these areas.

7.6 Lightning Protection

A Lightning Risk Assessment (in accordance with AS/NZS 1768) is required as part of the design development phase to determine what measures will be needed for protecting personnel and property from lightning damage at the site.


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The external communication links between the switchroom and the control building would utilise fibre optic cabling to minimise damage from lightning, or voltage spikes due to transfer potential hazards.

As a minimum, the following items will also be fitted with surge protection devices:

Switchboards on the incoming supply side LV and ELV distribution boards Power supply and signals to instruments external to buildings Telephone lines

7.7 Security/Smoke Detection

A basic security system will be included within the design, this will arm the services building and also include an input for the detection of smoke. Point smoke detectors will be installed within the switchroom and new amenities building and concealed roof spaces.

Similarly - door reed switches and PIR’s within the control building will be included. The remote buildings will include door reed switches reporting via digital inputs, and be used for after-hours alarming.

7.8 Control System

The upgraded STP will be a fully automated site and exhibit the following equipment and functionality:

7.8.1 PLC

The new centralised CPU PLC rack will be located within a dedicated compartment of the Main MCC and be responsible for the control and automation of the entire STP. At this stage of the Concept Design, the size and layout of the site does not lend itself to the inclusion of a remote PLC rack, however if the quantum of I/O near to the Effluent Pump Station Building is sufficient, a remote rack may be included to minimise field cabling and also reduce congestion in the Main PLC compartment. Fibre optic cabling shall be utilised for all runs external to a building (e.g. between switchroom and control room)

The PLC shall communicate with the SCADA via over an Ethernet connection utilising the PLC proprietary network protocol of the chosen PLC.

7.8.2 SCADA

As part of the upgrade works, a new SCADA system is to be installed for monitoring, control, alarm management and report generation for the upgraded STP.

The SCADA system shall include a single server this would be housed within a communications rack in the switchroom, which provides a secure and controlled atmosphere.

The Operators workstation, located in the amenities building would be connected to the SCADA server. A separate PC would be provided for the corporate workstation (that for intranet, emails etc.) This strategy creates segregation, which will maintain a dedicated, robust and secure control system network.

The local SCADA system will include the following functionality:

Mimic screens of the new equipment; in alignment with the P&I drawings Analogue values for all process variables such as flow, level, and pressure The status of all major process equipment such as pumps, blowers, compressors, etc. The status of all process variables or equipment monitored or controlled by a PLC The status of field limit switches Motor speed and current for all variable speed devices Valve and gate position for all gates and valves All safety indicators (e.g. gas detection, fire detection, security intruder detection, etc.) Alarm screen; for alarm display and acknowledgement Trends screen; for trending of analogue values


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Generation of custom operational reports

Council staff will have the ability to access the SCADA system remotely via their secure corporate network. Similarly a workstation will be linked to their corporate network to provide access to other sites. GSC are currently undertaking a WAN strategy, this Contract will adopt the directions developed within that strategy.

7.8.2.1 Alarm Management

Each alarm will be assigned a priority reflecting its severity and importance. Three levels of alarming are required (critical, warning and information).

Critical alarms are defined on events that will cause a segment of the plant to stop or significantly degrade system performance. Such alarms will require prompt intervention.

Warning alarms are defined on events that may cause some degradation of system performance or may otherwise be of concern to operations but will not stop the plant. Such alarms should be investigated but do not require urgent intervention.

The SCADA will exhibit the capability to escalate an alarm from ‘Warning’ to ‘Critical’ after a time delay, if the alarm is not actioned. A list of alarms and their priority will be developed inside the Functional Specification, during the detailed design phase.

The method of transmission of alarms will be undertaken in accordance with the GSC WAN strategy.

7.8.2.2 Asset Identification

An important aspect of the electrical, control, safety and asset management systems is the accurate tagging or labelling of equipment. A tagging convention will be developed for implementation across all field equipment, switchgear and for use within the STP control system.

8 Capital Cost Estimate

A preliminary cost estimate for the works has been prepared based on the scope of work presented in this report.

The preliminary estimate of the project cost including 30% contingency is $8.1 m ($14/15).

In preparing the cost estimate, a number of risks to the project cost have been noted:

1. Geotechnical risk – the cost estimate has made an allowance for the excavation of rock based on the proposed concept design.

2. Flood protection of the effluent transfer switchboard – the project scope at this stage does not include raising the switchboard of the effluent transfer pump station, as it has not been confirmed if this is required.

3. Odour control – the project scope and cost estimate does not include for odour mitigation or control measures for the proposed inlet works.


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ID Task Name Duration Start Finish

1 1. Planning Approvals 149 days Wed 19/08/15 Mon 4/04/162 Council determination of REF 6 wks Wed 19/08/15 Tue 29/09/15

3 DPI Water (Sect. 60) - Draft Design Report Review 3 wks Fri 4/12/15 Thu 14/01/16

4 Section 60 Approval 4 wks Tue 8/03/16 Mon 4/04/165 2. Detailed Design 96 days Mon 5/10/15 Mon 7/03/166 Project Start-up 0 days Mon 5/10/15 Mon 5/10/15

7 Inception meeting & site inspection by detailed designers 1 day Wed 14/10/15 Wed 14/10/15

8 Site Survey & Services Location 4 wks Thu 29/10/15 Wed 25/11/15

9 Value management workshop (TBC) 1 day Wed 21/10/15 Wed 21/10/1510 HAZOP and P&ID lock-down 2 wks Mon 5/10/15 Fri 16/10/15

11 Hydraulic profile 2 wks Mon 5/10/15 Fri 16/10/15

12 Civil design - Arrangements & sections 6 wks Mon 5/10/15 Fri 13/11/15

13 Electrical design - 50% design 4 wks Mon 19/10/15 Fri 13/11/15

14 Draft technical specifications 6 wks Mon 5/10/15 Fri 13/11/1515 Functional specification 4 wks Mon 19/10/15 Fri 13/11/15

16 Design Report 2 wks Mon 2/11/15 Fri 13/11/15

17 50% Design Submission 0 days Fri 13/11/15 Fri 13/11/15

18 GSC Review 1 wk Mon 16/11/15 Fri 20/11/15

19 50% Review & CHAIR 2/3 workshop 1 day Wed 25/11/15 Wed 25/11/15

20 Construction staging & Sequencing Review 1 day Thu 26/11/15 Thu 26/11/15

21 Revise design submission for DPI 1 wk Fri 27/11/15 Thu 3/12/15

22 DPI design submission 0 days Thu 3/12/15 Thu 3/12/15

23 Civil design - Reinforcement, steelwork & details 6 wks Thu 26/11/15 Wed 27/01/16

24 Electrical design - finalisation 6 wks Thu 26/11/15 Wed 27/01/16

25 Civil Drawings - finalise layout after selection equipment 5 wks Mon 14/12/15 Fri 5/02/16

26 Electrical drawings - finalise after selection of equipment 4 wks Mon 14/12/15 Fri 29/01/1627 General Conditions of Contract 2 wks Mon 25/01/16 Fri 5/02/16

28 Complete technical specifications 2 wks Mon 25/01/16 Fri 5/02/16

29 Revise Design Report 2 wks Fri 15/01/16 Thu 28/01/16

30 90% Design Submission 0 days Fri 5/02/16 Fri 5/02/16

31 GSC Review 1 wk Mon 8/02/16 Fri 12/02/16

32 90% Review workshop 1 day Mon 15/02/16 Mon 15/02/1633 3D model & Council presentation 1 day Tue 16/02/16 Tue 16/02/16

34 Finalisation of tender documents 3 wks Tue 16/02/16 Mon 7/03/16

35 Issue Tender documents 0 days Mon 7/03/16 Mon 7/03/16

36 3. Procurement 171 days Mon 5/10/15 Mon 20/06/1637 Procurement Plan Confirmation 0 days Wed 14/10/15 Wed 14/10/1538 Equipment Supply Procurement 171 days Mon 5/10/15 Mon 20/06/1639 Tender documentation 3 wks Mon 5/10/15 Fri 23/10/15

40 Technical Specification 3 wks Mon 5/10/15 Fri 23/10/15

41 Tender Period 4 wks Mon 26/10/15 Fri 20/11/15

42 Tender Evaluation 2 wks Mon 23/11/15 Fri 4/12/1543 Selection of Preferred Equipment 1 wk Mon 7/12/15 Fri 11/12/15

44 Council approval to award contracts for equipment supply 0 wks Mon 20/06/16 Mon 20/06/16

45 Construction Contract EOI 71 days Mon 2/11/15 Mon 29/02/1646 Prepare EOI Documentation 10 days Mon 2/11/15 Fri 13/11/15

47 EOI Period 20 days Mon 16/11/15 Fri 11/12/15

48 EOI site meeting 1 day Mon 23/11/15 Mon 23/11/15

49 Evaluation of EOI 20 days Mon 14/12/15 Fri 29/01/16

50 Council endorsement of preferred tenderers 1 wk Mon 1/02/16 Fri 5/02/16

51 Early contractor involvement 2 wks Tue 16/02/16 Mon 29/02/1652 Finalisation of Construction Contract 75 days Tue 8/03/16 Mon 20/06/1653 Construction tendering 6 wks Tue 8/03/16 Mon 18/04/16

54 Finalise evaluation of tenders 15 days Tue 19/04/16 Mon 9/05/16

55 Council report 10 days Tue 10/05/16 Mon 23/05/16

56 Council approval to award construction contract 0 days Mon 20/06/16 Mon 20/06/1657 4. Construction Phase 220 days Tue 21/06/16 Mon 24/04/1758 Procurement of dewatering equipment 105 days Tue 21/06/16 Mon 14/11/1659 Finalise and award of contract for dewatering equipment 5 days Tue 21/06/16 Mon 27/06/16

60 Lead time for fan press 20 wks Tue 28/06/16 Mon 14/11/16

61 Procurement of inlet works equipment 85 days Tue 21/06/16 Mon 17/10/1662 Finalise and award of contract for inlet works equipment 5 days Tue 21/06/16 Mon 27/06/16

63 Lead time for inlet works equipment 16 wks Tue 28/06/16 Mon 17/10/1664 Construction 200 days Tue 21/06/16 Mon 27/03/17

65 Contractor mobilisation / safety & environmental documentation4 wks Tue 21/06/16 Mon 18/07/16

66 Lead time for switchboard 12 wks Tue 21/06/16 Mon 12/09/16

67 Lead time for pumps 10 wks Tue 21/06/16 Mon 29/08/16

68 Site preparation and bulk earthworks 4 wks Tue 19/07/16 Mon 15/08/16

69 Civil works (inlet lift pump station) 14 wks Tue 16/08/16 Mon 21/11/1670 Building works 12 wks Tue 16/08/16 Mon 7/11/16

71 Mech / elec 14 wks Tue 22/11/16 Mon 27/02/17

72 Construction Contingency 4 wks Tue 28/02/17 Mon 27/03/17

73 Commissioning 4 wks Tue 28/03/17 Mon 24/04/17

GSC

DPI Water

DPI Water

5/10

HH2O,GSC

Survey

HH2O,GSC

HH2O

HH2O

HH2O

HH2O

HH2O

HH2O

HH2O

13/11

GSC

HH2O,GSC

HH2O,GSC

HH2O

3/12

HH2O

HH2O

HH2O

HH2O

5/02

HH2O

7/03

14/10

20/06

HH2O

HH2O,Contractor

HH2O,GSC

GSC

HH2O,Contractor

20/06

Contractor

Contractor

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Project: GunSTP Upgrade ‐ DetaileDate: Mon 12/10/15


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Planning Environment and Development Committee Minutes 4:00pm Wednesday 7 October 2015

COUNCILLOR PRESENT LEAVE APOLOGY ABSENTOC Hasler X RG Swain (Chair) X C Fuller X GA Griffen X D Quince X R Ryan X SJ Smith X SENIOR STAFF General Manager (E Groth) X Executive Manager Business Systems and Governance (C Formann)

X

Acting Director Planning and Environmental Services (D Ausling)

X

Manager Development and Planning (C Hunt) X

** Two casual vacancies exist due to the recent passing of the Late Hans Allgayer and the resignation of Mr Tim Duddy.

ELECTION OF CHAIRPERSON Councillor RG Swain vacated the Chair of the Planning Environment and Development Committee. The General Manager called for nominations for the position of Chair. Councillor RG Swain was nominated by Councillor OC Hasler, seconded Councillor GA Griffen. The General Manager declared Councillor RG Swain elected Chair of the Planning Environment and Development Committee for the ensuing 12 month period.

CONFIRMATION OF PREVIOUS MINUTES The Minutes of the Planning Environment and Development Committee Meeting held on Wednesday 2 September 2015 were circulated. Committee Recommendation Moved Councillor C FULLER Seconded Councillor GA GRIFFEN

DECLARATION OF INTEREST

COUNCILLOR ITEM REPORT P SNP NSNP RC REASON NIL STAFF ITEM REPORT P SNP NSNP RC REASON NIL

P – Pecuniary SNP – Significant Non Pecuniary NSNP – Not Significant Non Pecuniary RC – Remain in Chamber during consideration/discussion of item

COMMUNITY CONSULTATION

Mr George Avard, representing the Gunnedah Show Society, will be in attendance to make a presentation in relation to Development Application No. 2015/071 – Construction of New Horse Stables – Lot 7035 DP1029310, Gunnedah Showground, View Street, Gunnedah.


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ITEM 1 Planning Proposal – Lot 1 DP 825588, ‘Glenbrae’, 3935 Longarm Road, Rangari; Lot 2 DP178083, “Fourways”, 4000 Kelvin Road, Rangari; Lot 87 DP754946, “The Meadows”, 2670 Rangari Road, Rangari; Lots 96-98 DP754955, Lots 9 and 11 DP114885, Lot 1 DP1089276 and Lot 18 DP114885, Kelvin Road, Rangari; Lot 1 DP190411, “Rangari”, 3103 Kelvin Road, Rangari; Lot 99 DP1140224, Rangari Road, Rangari; Lots 7001 and 7002 DP1073061, Lot 2 DP1172836

MEETING Planning, Environment and Development – 7 October 2015 DIRECTORATE Planning and Environmental Services AUTHOR Project Town Planner POLICY Nil LEGAL Gunnedah Local Environmental Plan, 2012 Environmental Planning & Assessment Act, 1979 FINANCIAL Nil STRATEGIC LINK Community Strategic Plan 1.2.2 Implement a fully integrated planning framework that aligns to

Council plans and guides the development of Gunnedah area. Operational Plan 1.2.2.4 Assess and process development proposals in accordance with

the Environmental Planning and Assessment Act. ATTACHMENTS Planning Proposal – Gateway Application

COMMITTEE RECOMMENDATIONS: That Council: 1. Prepare a draft planning proposal, pursuant to Section 55 of the Environmental

Planning and Assessment Act, 1979, for the amendment of the Gunnedah Local Environmental Plan 2012, to amend the ‘Land Zoning Map’ for all of Lot 1 DP825588, “Glenbrae” 3935 Longarm Road, Gunnedah, and part of the following lots - Lot 2 DP178083, “Fourways”, 4000 Kelvin Road, Rangari; Lot 87 DP754946, “The Meadows”, 2670 Rangari Road, Rangari; Lots 96-98 DP754955, Lots 9 and 11 DP114885, Lot 1 DP1089276 and Lot 18 DP114885, Kelvin Road, Rangari; Lot 1 DP190411, “Rangari”, 3103 Kelvin Road, Rangari; Lot 99 DP1140224, Rangari Road, Rangari; Lots 7001 and 7002 DP1073061, Lot 2 DP1172836 from E3 Environmental Management to RU1 Primary Production;

2. Forward the draft planning proposal to the Department of Planning and Infrastructure

for a Gateway Determination, and exhibit the proposal in accordance with that determination, pursuant to Sections 56-58 of the Act; and

3. Request that the Director General of the Department of Planning and Infrastructure

issue a Written Authorisation to Council to Exercise Delegation of the plan making functions under Section 59 of the Act in respect of the planning proposal.


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Committee Recommendation Moved Councillor OC Hasler Seconded Councillor GA Griffen

COUNCILLOR COUNCILLORS FOR COUNCILLORS AGAINST

COUNCILLORS ABSENT

COUNCILLORS DECLARING AN

INTEREST OC Hasler X

RG Swain X C Fuller X GA Griffen X D Quince X R Ryan X SJ Smith X

Note: This item will be dealt with at the Council Ordinary Meeting to be held on Wednesday 21 October 2015 as it outside the Planning Environment and Development Committee’s delegated powers.

PURPOSE This report is seeking the Council’s determination of a Planning Proposal to amend the Gunnedah Local Environmental Plan (LEP) 2012. Background Council resolved at the September Extraordinary meeting to give favourable consideration to a Planning Proposal to rezone Lot 1 DP 825588, ‘Glenbrae’, 3935 Longarm Road, Gunnedah. The report also noted that adjacent land, which is of similar characteristics, should also be investigated for possible rezoning. COMMENTARY Council has received a planning proposal to rezone Lot 1 DP 825588, ‘Glenbrae’, 3935 Longarm Road, Rangari from E3 Environmental Management to RU1 Primary Production. The land is located on Longarm Road, approximately 40 kilometres north, north-east of Gunnedah.


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Figure 1. Location Plan


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Figure 2. Subject land illustrating current land zoning map


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Figure 3. Aerial photo of subject land

Current Zoning The subject land is currently zoned E3 Environmental Management under the provisions of the Gunnedah LEP (2012). The delineation of E3 Environmental Management and RU1 Primary Production zones was determined by topographic mapping, with land greater than 450 metres Australian Height Datum (AHD) in elevation being zoned E3 Environmental Management. The environmental management zone generally contains land which has undulating topography and large areas of remnant vegetation. The objective of this zone is to: Protect, manage and restore areas with special ecological, scientific, cultural or aesthetic

values. Provide for a limited range of development that does not have an adverse effect on those

values. Planning Proposal The planning proposal aims to rezone the subject land from E3 Environmental Management to RU1 Primary Production under the Gunnedah LEP (2012). The purpose of the rezoning is to enable future development of the site for an ‘intensive livestock agriculture’ operation. ‘Intensive livestock agriculture’ operations are prohibited within the E3 Environmental Management zone, but are a permitted use within the RU1 Primary Production zone.


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The subject land has a long history of agricultural use and has been extensively cleared for agricultural use. It does not present qualities such as special ecological, scientific or aesthetic value, which are a feature of the E3 Environmental Management zone. It was identified in the 1983 topographic mapping as having large areas of eroded ground. However, much of this eroded ground has improved with the installation of contour banks and tree planting to manage runoff. The land is fairly evenly graded with low relief over the site. The land is not dissimilar in character or land-use to other surrounding land which is zoned RU1 Primary Production. As noted in the report to the August Planning, Environment and Development Committee, that adjacent land should also be included in the proposed rezoning to ensure that there is not an isolated parcel of RU1 Primary Production land within the E3 Environmental Management zone. The identified land is also consistent with the characteristics of the subject site. Consequently, it is recommended that the following land (as illustrated in Figure 2) also be included in the planning proposal as: part of Lot 2 DP178083, “Fourways”, 4000 Kelvin Road, Rangari; Lot 87 DP754946, “The Meadows”, 2670 Rangari Road, Rangari; part of Lots 96-98 DP754955, Lots 9 and 11 DP114885, Lot 1 DP1089276 and Lot 18

DP114885, Kelvin Road, Rangari; part of Lot 1 DP190411, “Rangari”, 3103 Kelvin Road, Rangari; Lot 99 DP1140224, Rangari Road, Rangari; Lots 7001 and 7002 DP1073061, Lot 2 DP1172836 Conclusion It is recommended that the Planning Proposal to amend the Gunnedah LEP 2012 ‘Land Zoning Map’ for the identified lands from E3 Environmental Management to RU1 Primary Production under the Gunnedah Local Environmental Plan (2012), be supported.

ITEM 2 Development Application No. 2015/071 – Construction of New Horse Stables – Lot 7035 DP1029310, Gunnedah Showground, View Street, Gunnedah

MEETING Planning Environment and Development – 7 October 2015 DIRECTORATE Planning and Environmental Services AUTHOR Project Town Planner POLICY Nil LEGAL Environmental Planning & Assessment Act, 1979





OFFICER’S RECOMMENDATIONS: 1. That Development Application No. 2015/071 involving the construction of two new stable blocks,

removal of one tree and vehicle loading ramp, alteration of existing light pole, at Lot 7035 DP 1029310, Gunnedah Showground, View Street, Gunnedah, be approved subject to the following conditions of consent:


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Development Application form lodged 23 July 2015 Statement of Environmental Effects, prepared by, Robert Witts; dated 1 April

2015; and Submitted plans:

Prepared by, State Wide Sheds; dated Dec 2007; Rev. B; Drawing No, 12108-S01 (Elevation & Structural Details),

Prepared by, State Wide Sheds; dated, March 06; Rev, H; Drawing No. 9734-H (Engineering)

Prepared by, State Wide Sheds; dated, 07/09/2015; Quote, 020745; Rev, 07/09/2015 (Floor Plan),

Prepared by, applicant; Drawing Ref, (Site Plan), and Prepared by, applicant; Drawing Ref, (Proposed Stable Layout).

Supporting Documentation: Prepared by, Barson Design; dated, 10 September 2015; Drawing Ref,

(Structural Design Certification). except as otherwise provided by the conditions of consent.


B. Prior to Commencement of Building Works B1. Appropriate measures are to be implemented in relation to erosion and sediment

control prior to work commencing. Such measures are to be maintained during the construction of the development in accordance with Council’s Gunnedah Development Control Plan 2012.


B2. Prior to the commencement of any building works the developer is to apply to an

Accredited Private Certifier or Council for a Construction Certificate for the erection of the building. NO BUILDING WORKS SHALL COMMENCE WITHOUT FIRST OBTAINING A CONSTRUCTION CERTIFICATE. Reason: To meet statutory requirements.

C. General C1. All stormwater and surface water runoff from the development and any future or

proposed rain water tank shall be collected within the property boundary and directed into the kerb and gutter in View Street.

Reason: To ensure satisfactory drainage whilst ensuring that the surface water is not diverted onto adjoining properties.

C2. Colours and textures of materials of external walls, roof and ancillary structures including

water tanks shall be non-reflective and as such will not conflict with the existing landscape.

Reason: To ensure visual amenity of the area is maintained.

C3. All electrical work, must be carried out by a licensed electrician, in accordance with Australian Standard 3000 - 2000.


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C4. Excavations and backfilling

All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards and must be properly guarded and protected to prevent them from being dangerous to life or property.


D. During Construction Works

D1. Inspections by the Principal Certifying Authority – Mandatory Critical Stage

Inspections 48 hours prior to the covering of the following works, the Principal Certifying Authority appointed pursuant to Section 81(2)(b) of the Environmental Planning and Assessment Act 1979 shall be notified that works are ready for inspection. (Note: Inspections in bold type are mandatory critical stage inspections under the Act and MUST be carried out by the Principal Certifying Authority. If these inspections are not carried out by the Principal Certifying Authority an Occupation Certificate cannot be issued). (a) Piers (if any) prior to pouring of concrete (b) Final inspection prior to use of the building. The above listed works may not be covered until approval is obtained from the Principal Certifying Authority or his/her duly appointed delegate. Reason: To ensure compliance before, during and after construction.

D2. A stamped copy of the development consent, the approved plans and specifications

are to be kept at the construction site at all times during the construction period. Reason: To ensure compliance with approved application and plans.

D3. Protection of public places

If the work involved in the construction of a building: (a) is likely to cause pedestrian or vehicular traffic in a public place to be obstructed

or rendered inconvenient, or (b) building involves the enclosure of a public place, a hoarding or fence must be

erected between the work site and the public place. If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place. The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place. Any such hoarding, fence or awning is to be removed when the work has been completed.

Reason: To ensure site safety.

D4. Toilet facilities

Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided: (a) must be a standard flushing toilet, and


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(b) must be connected: (i) to a public sewer, or

(ii) if connection to a public sewer is not practicable, to an accredited sewage management facility approved by the Council, or

(iii) if connection to a public sewer or an accredited sewage management facility is not practicable, to some other sewage management facility approved by the Council.

The provision of toilet facilities in accordance with this clause must be completed before any other work is commenced. In this clause: accredited sewage management facility means a sewage management facility to which Division 4A of Part 3 of the Local Government (Approvals) Regulation 1993 applies, being a sewage management facility that is installed or constructed to a design or plan the subject of a certificate of accreditation referred to in clause 95B of the Regulation. approved by the Council means the subject of an approval in force under Division 1 of Par 3 of the Local Government (Approvals) Regulation 1993. public sewer has the same meaning as it has in the Local Government (Approvals) Regulation 1993. sewage management facility has the same meaning as it has in the Local Government (Approvals) Regulation 1993. Reason: To ensure environmental health standards are met.

D5. Work on the development shall be limited to the following hours to prevent

unreasonable disturbance to the amenity of the area:- Monday to Friday - 7.00am to 5.00pm; Saturday - 8.00am to 1.00pm if audible on other residential premises, otherwise 7.00am to 5.00pm; No work to be carried out on Sunday or Public Holidays. Note: The builder shall be responsible to instruct and control sub-contractors regarding the hours of work. Council will exercise its powers under the Protection of the Environment Operations Act, 1997, in the event that the building operations cause noise to emanate from the property on Sundays or Public Holidays or otherwise than between the hours detailed above. Reason: To ensure amenity of the neighbourhood is maintained.

E. Prior to the issue of an Occupation Certificate E1. Occupation of the building is not to occur until all work has been completed, the

conditions of consent satisfied and an Occupation Certificate issued by the Principal Certifying Authority. Reason: To meet statutory requirements.

F. That the Development Application be amended to remove C2 and include C1A.


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1.10/15P COUNCIL RESOLUTIONS

1. That Development Application No. 2015/071 involving the construction of two new stable blocks, removal of one tree and vehicle loading ramp, alteration of existing light pole, at Lot 7035 DP 1029310, Gunnedah Showground, View Street, Gunnedah, be approved subject to the following conditions of consent;

2. That Condition C1 be amended as follows: C1 Stormwater from the roof (including overflow pipes from proposed

rainwater tanks) is permitted to be discharged within the subject land, a minimum of three metres clear of any building foundations and any adjoining owner and subject to the provision of appropriate erosion and sedimentation devices at the outlet/s.

Reason: To ensure satisfactory drainage whilst ensuring that the surface

water is not diverted onto adjoining properties. 3. That Condition C2 be removed.




Development Application form lodged 23 July 2015 Statement of Environmental Effects, prepared by, Robert Witts; dated 1 April

2015; and Submitted plans:

Prepared by, State Wide Sheds; dated Dec 2007; Rev. B; Drawing No, 12108-S01 (Elevation & Structural Details),

Prepared by, State Wide Sheds; dated, March 06; Rev, H; Drawing No. 9734-H (Engineering)

Prepared by, State Wide Sheds; dated, 07/09/2015; Quote, 020745; Rev, 07/09/2015 (Floor Plan),

Prepared by, applicant; Drawing Ref, (Site Plan), and Prepared by, applicant; Drawing Ref, (Proposed Stable Layout).

Supporting Documentation: Prepared by, Barson Design; dated, 10 September 2015; Drawing Ref,

(Structural Design Certification). except as otherwise provided by the conditions of consent.


B. Prior to Commencement of Building Works B1. Appropriate measures are to be implemented in relation to erosion and sediment

control prior to work commencing. Such measures are to be maintained during the construction of the development in accordance with Council’s Gunnedah Development Control Plan 2012.


B2. Prior to the commencement of any building works the developer is to apply to an

Accredited Private Certifier or Council for a Construction Certificate for the erection of the building. NO BUILDING WORKS SHALL COMMENCE WITHOUT FIRST OBTAINING A CONSTRUCTION CERTIFICATE. Reason: To meet statutory requirements.


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C. General

C1. Stormwater from the roof (including overflow pipes from proposed rainwater tanks) is permitted

to be discharged within the subject land, a minimum of three metres clear of any building foundations and any adjoining owner and subject to the provision of appropriate erosion and sedimentation devices at the outlet/s.

Reason: To ensure satisfactory drainage whilst ensuring that the surface water is not

diverted onto adjoining properties.

C2. All electrical work, must be carried out by a licensed electrician, in accordance with Australian Standard 3000 - 2000.


C3. Excavations and backfilling

All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards and must be properly guarded and protected to prevent them from being dangerous to life or property.


D. During Construction Works

D1. Inspections by the Principal Certifying Authority – Mandatory Critical Stage

Inspections 48 hours prior to the covering of the following works, the Principal Certifying Authority appointed pursuant to Section 81(2)(b) of the Environmental Planning and Assessment Act 1979 shall be notified that works are ready for inspection. (Note: Inspections in bold type are mandatory critical stage inspections under the Act and MUST be carried out by the Principal Certifying Authority. If these inspections are not carried out by the Principal Certifying Authority an Occupation Certificate cannot be issued). (c) Piers (if any) prior to pouring of concrete (d) Final inspection prior to use of the building. The above listed works may not be covered until approval is obtained from the Principal Certifying Authority or his/her duly appointed delegate. Reason: To ensure compliance before, during and after construction.

D2. A stamped copy of the development consent, the approved plans and specifications

are to be kept at the construction site at all times during the construction period. Reason: To ensure compliance with approved application and plans.

D3. Protection of public places

If the work involved in the construction of a building: (c) is likely to cause pedestrian or vehicular traffic in a public place to be obstructed

or rendered inconvenient, or (d) building involves the enclosure of a public place, a hoarding or fence must be

erected between the work site and the public place. If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place. The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.


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Any such hoarding, fence or awning is to be removed when the work has been completed.

Reason: To ensure site safety.

D4. Toilet facilities

Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided: (a) must be a standard flushing toilet, and (b) must be connected:

(i) to a public sewer, or (ii) if connection to a public sewer is not practicable, to an accredited sewage

management facility approved by the Council, or (iii) if connection to a public sewer or an accredited sewage management

facility is not practicable, to some other sewage management facility approved by the Council.

The provision of toilet facilities in accordance with this clause must be completed before any other work is commenced. In this clause: accredited sewage management facility means a sewage management facility to which Division 4A of Part 3 of the Local Government (Approvals) Regulation 1993 applies, being a sewage management facility that is installed or constructed to a design or plan the subject of a certificate of accreditation referred to in clause 95B of the Regulation. approved by the Council means the subject of an approval in force under Division 1 of Par 3 of the Local Government (Approvals) Regulation 1993. public sewer has the same meaning as it has in the Local Government (Approvals) Regulation 1993. sewage management facility has the same meaning as it has in the Local Government (Approvals) Regulation 1993. Reason: To ensure environmental health standards are met.

D5. Work on the development shall be limited to the following hours to prevent

unreasonable disturbance to the amenity of the area:- Monday to Friday - 7.00am to 5.00pm; Saturday - 8.00am to 1.00pm if audible on other residential premises, otherwise 7.00am to 5.00pm; No work to be carried out on Sunday or Public Holidays. Note: The builder shall be responsible to instruct and control sub-contractors regarding the hours of work. Council will exercise its powers under the Protection of the Environment Operations Act, 1997, in the event that the building operations cause noise to emanate from the property on Sundays or Public Holidays or otherwise than between the hours detailed above. Reason: To ensure amenity of the neighbourhood is maintained.


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E. Prior to the issue of an Occupation Certificate

E1. Occupation of the building is not to occur until all work has been completed, the

conditions of consent satisfied and an Occupation Certificate issued by the Principal Certifying Authority. Reason: To meet statutory requirements.

F. That the Development Application be amended to remove C2 and include C1A. Council Resolution Moved Councillor OC Hasler Seconded Councillor C Fuller

COUNCILLOR COUNCILLORS FOR COUNCILLORS AGAINST

COUNCILLORS ABSENT

COUNCILLORS DECLARING AN

INTEREST OC Hasler X

RG Swain X C Fuller X GA Griffen X D Quince X R Ryan X SJ Smith X

Note: This item was dealt with under delegated authority in accordance with the Instrument of Delegation – Planning Environment and Development Committee.

PURPOSE This development application is being referred to Council for determination as the proposed development site is a Crown Licence, of which Gunnedah Shire Council is the Trustee. Applicant: Gunnedah Show Society Owner: Gunnedah Shire Council Property Description: Lot 7305 DP1029310, Gunnedah Showground, View Street, Gunnedah BACKGROUND The applicant has previously been granted development consent for the demolition and replacement of stable blocks at the Gunnedah Showground (DA 2013/105). However, upon receipt of the determination by Council, the applicant requested to relinquish their development consent and apply for two separate development consents, one for the demolition of the existing stable block, and one for the construction of a new stable block. The applicant has since submitted a development application for the demolition of the existing stable block (DA 2015/014), which was determined by Council at the February 2015 Ordinary Meeting, with development consent being granted. The applicant has now lodged a Development Application involving the construction of a new stable block, removal of existing tree and loading ramp, and modification to an existing light pole. Proposed Development The proposed development involves the construction of two new stable blocks of 30m x 14.64m x 6.50m, removal of an existing loading ramp and tree, and the alteration of an existing light pole at the Gunnedah Showground.


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Image one: Site plan and location of proposed new stables

Image two: Floor Plan


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Image Three: Elevations

COMMENTARY Issues S79C(1)(a)(i) the provisions of any environmental planning instrument The development site is zoned RE1 Public Recreation under the Gunnedah Local Environmental Plan 2012. The proposed development is to be utilised for outdoor recreation activities and is complimentary to existing development located on the site. The proposed development is a permissible land use within the site zoning. Gunnedah Local Environmental Plan 2012 5.9 Tree Preservation Order. The proposed development will require the removal of one ‘Mille Tree’ from the development site. Council’s DCP do3s not contain any provisions pertaining to the protection of trees. OTHER – SEPP State Environmental Planning Policy No. 44 – Koala Habitat The development site has previously been highly modified and does not contain greater than 15% koala feed trees. State Environmental Planning Policy No. 55 – Remediation of Land An assessment of Council records and documents submitted with the development application do not indicate any past uses of the development site that may have led to site contamination. S79C(1)(a)(iii) provisions of any development control plan 1.7 – Consultation The development application is considered consistent with existing land uses and is considered to have nil to minor impact on adjoining allotments. Hence, notification of the application was not deemed necessary.


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6.6.1 – Environmental Effects A condition will be imposed that control measures for erosion and sediment runoff be put in place during construction of the proposed development. The proposed development is to replace existing stables located on the development site, with the footprint of the existing building to be slightly increased. The proposed development is not expected to result in increased noise generation above acceptable levels. S79C91)(b) the likely environmental impacts on the natural and built environment and social and economic impacts in the locality Context and setting The development site is located within the Gunnedah Showground, which is zoned RE1 Public Recreation under the Gunnedah Local Environmental Plan 2012. The development site contains existing stables and various other recreational developments. The proposed development will not result in a change of use of the locality. The proposed development is considered complimentary to existing site development. Access, transport and traffic The development site contains existing access and vehicle parking which are considered sufficient and capable of supporting the volume of traffic that will be associated with the use of the proposed development. The proposed development will therefore not require the provision of extra vehicle access or parking. Site design and internal design The proposed development will result in an increase in building footprint; however it is to be located in a similar position to the existing stable block (which has been previously granted demolition consent), reducing the likelihood of any adverse environmental impacts associated with the development. The proposed development is to be located with adequate setback between the adjoining site boundary (5m), pony club shed (15m), existing horse stalls (4.0m), with a separation of 3.5m between the proposed stable blocks. The suitability of the Site for the Development The proposed development is to be located in a similar position to the existing stable block, minimising any adverse environmental impacts on the site. The proposed development is to be located with adequate setbacks from existing site infrastructure and boundaries. The proposed development is considered suitable for the development site. Conclusion The proposed development is considered to be appropriate for the development site and complimentary to existing development on the subject site. It is recommended that the development application be granted consent, subject to conditions.


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PLANNING ENVIRONMENT AND DEVELOPMENT OBJECTIVES 2015/16

OBJECTIVE NO

MANAGEMENT PLAN REF. PAGE

OBJECTIVE

HOW WILL THIS BE ACHIEVED

TARGET DATE

STATUS

REVISED DATE

1. Waste Management Strategy

Implementation of Waste Management and Environmental Initiative

June 2019

2. Namoi Parklands Riverine Program

Biannual Review

August 2016 Stage 1 Complete Stage 2 Complete Stage 3 Work Commenced Stage 4 Work Commenced

3. Gunnedah Strategic Planning Review

September 2016

Draft Urban Landuse Strategy presented to Planning Environment & Development Committee May 2015 for endorsement for exhibition. Referred to June 2015 Council meeting. Draft Gunnedah Urban Landuse Strategy on exhibition- closes 28 August 2015

4. Koala Habitat Improvement

Adoption and implementation of Koala Management Strategy

Consideration at August 2015 Planning Environment & Development Meeting for exhibition

September 2016

5. Enforcement Policy

Development and adoption of Enforcement Policy

June 2016 June 2016

6. Floodplain Management

Completion of Blackjack Creek Flood Mitigation Project

Property Acquisition Commenced

June 2017 Negotiations Ongoing. Compulsory Acquisition Commenced

There being no further business the meeting closed at 4.32pm Councillor RG Swain CHAIRPERSON


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ORDINARY MEETING - Gunnedah Shire Council

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