18 September 2012
NOTICE OF ORDINARY COUNCIL MEETING
Your attendance is respectfully requested at the Ordinary Meeting of Cabonne Council convened for Monday 24 September, 2012 commencing at 9.30am, at the Cabonne Shire Office, Bank Street, Molong to consider the undermentioned business.
Yours faithfully,
Andrew L Hopkins
GENERAL MANAGER
ORDER OF BUSINESS
1) Open Ordinary Meeting
2) Consideration of Mayoral Minute
3) Consideration of General Manager’s Report
4) Matters of Urgency
5) Resolve into Committee of the Whole
a) Consideration of Closed Items
6) Adoption of Closed Committee of the Whole Report
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GENERAL MANAGER’S REPORT ON MATTERS FOR DETERMINATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Monday 24 September, 2012
Page 1
TABLE OF CONTENTS
ITEM 1 ACKNOWLEDGEMENT OF COUNTRY............................................ 4
ITEM 2 APPLICATIONS FOR LEAVE OF ABSENCE.................................. 4
ITEM 3 DECLARATIONS OF INTEREST....................................................... 5
ITEM 4 DECLARATIONS OF POLITICAL DONATIONS............................. 5
ITEM 5 MAYORAL ELECTIONS PROCEDURES 2012............................... 6
ITEM 6 ELECTION OF MAYOR 2012/13 TERM............................................ 9
ITEM 7 ELECTION OF DEPUTY MAYOR 2012/13 TERM.......................... 9
ITEM 8 DESTRUCTION OF BALLOT PAPERS.......................................... 10
ITEM 9 COUNCIL DECLARATION OF OFFICE AND OATH OF ALLEGIANCE 11
ITEM 10 DELEGATION TO THE MAYOR AND DEPUTY MAYOR, (IN THE MAYOR'S ABSENCE)............................................................................................ 11
ITEM 11 AUTHORISATION OF MEETING CHAIRPERSON WITH POWERS OF EXPULSION AND REMOVAL........................................................... 12
ITEM 12 STANDING COMMITTEES................................................................ 13
ITEM 13 OTHER COUNCIL COMMITTEES THAT MEET AS AND WHEN REQUIRED 15
ITEM 14 DELEGATES TO OTHER ORGANISATIONS - FOR THE TERM OF COUNCIL 17
ITEM 15 DELEGATES TO OTHER ORGANISATIONS - COMMUNITY PEAK ORGANISATIONS............................................................................... 18
ITEM 16 DELEGATES TO OTHER ORGANISATIONS - FOR THE YEAR 2012/13 20
ITEM 17 ALTERNATE DELEGATE TO COMMITTEES OTHER THAN COUNCIL COMMITTEES...................................................................................... 27
ITEM 18 FIXING THE DATE AND TIME OF REGULAR MEETINGS OF COUNCIL AND VARIOUS COMMITTEE MEETINGS............................................... 28
ITEM 19 CONFIRMATION OF THE MINUTES............................................... 29
ITEM 20 DIVISION OF LOCAL GOVERNMENT COUNCILLOR WORKSHOPS 29
ITEM 21 THE PAYMENT OF EXPENSES AND THE PROVISION OF FACILITIES FOR MAYOR AND COUNCILLORS 2013 POLICY............................... 30
ITEM 22 DELEGATIONS BY COUNCIL UNDER THE NOXIOUS WEEDS ACT 1993 33
ITEM 23 SPECIAL DISCLOSURE OF PECUNIARY INTERESTS FORM 40
ITEM 24 COUNCILLORS EXPENSES AND ATTENDANCES REPORTING 41
ITEM 25 YEOVAL PUBLIC HOLIDAY............................................................. 42
ITEM 26 EVENTS AND SPECIAL PROJECTS FUNDING ASSISTANCE 44
ITEM 27 Macquarie River to Orange pipeline project - Environmental Assessment submission, August 2012............................. 46
ITEM 28 BUSINESS PAPER ITEMS FOR NOTING...................................... 61
ITEM 29 QUESTIONS FOR NEXT MEETING................................................ 61
Confidential Items
Clause 240(4) of the Local Government (General) Regulation 2005 requires Council to refer any business to be considered when the meeting is closed to the public in the Ordinary Business Paper prepared for the same meeting. Council will discuss the following items under the terms of the Local Government Act 1993 Section 10A(2), as follows:
ITEM 1 CARRYING OF COUNCIL RESOLUTION INTO CLOSED COMMITTEE OF THE WHOLE MEETING
Procedural
ITEM 2 REQUEST FOR CONSIDERATION OF WATER CONSUMPTION COSTS - ACCOUNT 4054.30000.1
(b) matters in relation to the personal hardship of a resident or ratepayer
ITEM 3 ABANDONMENT OF RATES AND WATER/SEWER AMOUNTS 2011/2012
(b) matters in relation to the personal hardship of a resident or ratepayer
ANNEXURE ITEMS
ANNEXURE 12.1 Council Committees Terms of Reference..... 63
ANNEXURE 13.1 Australia Day Awards Committee Terms of Reference 70
ANNEXURE 19.1 August 20, 2012 Ordinary Council Minutes.... 71
ANNEXURE 20.1 DLG Councillor Induction Sessions................. 84
ANNEXURE 21.1 Draft Payment of Expenses for Mayor and Councillors 2013 Policy.......................................................................... 86
ANNEXURE 24.1 Councillors' expenses to 1 July 2011 to 30 June 2012 103
ANNEXURE 24.2 Councillor Table of Attendance 2011-2012 104
ITEM 1 - ACKNOWLEDGEMENT OF COUNTRY
REPORT IN BRIEF
Reason For Report |
To provide an opportunity for the Mayor to recite an Ackowledgement of Country. |
Policy Implications |
Required by Council's policy |
Budget Implications |
Nil |
Annexures |
Nil |
File Number |
\OFFICIAL RECORDS LIBRARY\COMMUNITY RELATIONS\ISSUES MANAGEMENT\ABORIGINAL INDIGENOUS AFFAIRS - 295968 |
THAT the Mayor recites an Acknowledgement of Country in accord with Council’s Code of Meeting Practice policy. |
Administration Manager's REPORT
Council’s adopted Code of Meeting Practice policy includes reciting of an Acknowledgement of Country on “… special/formal occasions; at the September Council Meeting for the Election of Mayor & Deputy Mayor; and at other occasions at the discretion of the Mayor…”.
An Acknowledgement of Country is where people acknowledge and show respect for the Aboriginal Traditional Custodians of the land upon which the event/meeting is taking place.
A Chair usually begins the meeting by acknowledging that the meeting is taking place in the country of the traditional owners. It reads as follows.
“I would like to acknowledge that we are here today on the land of the Wiradjuri people who are the Traditional Custodians of this land. I would also like to acknowledge the present Aboriginal and Torres Strait Islander people who may reside within this area.”
ITEM 2 - APPLICATIONS FOR LEAVE OF ABSENCE
REPORT IN BRIEF
Reason For Report |
To allow tendering of apologies for Councillors not present. |
Policy Implications |
Nil |
Budget Implications |
Nil |
Annexures |
Nil |
File Number |
\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS LEAVE OF ABSENCE - 298678 |
THAT any apologies tendered be accepted and the necessary leave of absence be granted. |
General Manager's REPORT
A call for apologies is to be made.
ITEM 3 - DECLARATIONS OF INTEREST
REPORT IN BRIEF
Reason For Report |
To allow an opportunity for Councillors to declare an interest in any items to be determined at this meeting. |
Policy Implications |
Nil |
Budget Implications |
Nil |
Annexures |
Nil |
File Number |
\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS DECLARATION OF INTEREST - 298679 |
THAT the Declarations of Interest be noted.
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General Manager's REPORT
A call for declarations of interest.
ITEM 4 - DECLARATIONS OF POLITICAL DONATIONS
REPORT IN BRIEF
Reason For Report |
To allow an opportunity for councillors to declare any political donations received. |
Policy Implications |
Nil |
Budget Implications |
Nil |
Annexures |
Nil |
File Number |
\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS DECLARATION OF POLITICAL DONATIONS - 298682 |
THAT any Political Donations be noted.
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General Manager's REPORT
A Call for Political Donations.
ITEM 5 - MAYORAL ELECTIONS PROCEDURES 2012
REPORT IN BRIEF
Reason For Report |
Outlining procedures for the conduct of Mayoral elections. |
Policy Implications |
Nil |
Budget Implications |
Nil |
Annexures |
Nil |
File Number |
\OFFICIAL RECORDS LIBRARY\GOVERNANCE\ELECTIONS\MAYORAL - 298683 |
THAT Council: 1. Re-affirm its previous practice of conducting voting for the positions of Mayor and Deputy Mayor by preferential ballot where three or more nominations are received, otherwise by ordinary ballot. 2. Determine if it wishes details of the voting for the positions of Mayor and Deputy Mayor to be made public. |
General Manager's REPORT
Nominations for Mayor and Deputy Mayor
Councillors are advised that nominations for the position of Mayor and Deputy Mayor will close at 9.30am sharp on Monday, 24 September 2012. Nominations must be in writing and signed by two Councillors, one of whom may be the Nominee. The consent for nomination must be signed by the Nominee. Should a Councillor act as one Nominee for oneself it is most important that they also sign the consent to nomination. Failure to do so renders the nomination invalid.
Nominations can be delivered to the General Manager or the Director of Finance and Corporate Services at the Molong Office for placement in the Ballot Box. The General Manager will also be in attendance on Meeting Day from 9.00 am in the General Manager’s Office at the Council Chambers in Molong to accept any nominations.
Council should also indicate if it wishes details of voting to be made public.
Should Councillors have any queries in relation to any aspect of the Mayoral Elections, they are asked to contact the General Manager or the Director of Finance and Corporate Services at their convenience.
Election Procedures
The procedure for election for the positions of Mayor and Deputy Mayor is:
1. If only one Councillor is nominated, that Councillor is elected.
2. If more than one Councillor is nominated, the Council is to proceed by preferential ballot, by ordinary ballot or by open voting.
3. The election is to be held at the council Meeting at which the Council resolved on the method of voting.
4. The following definitions apply:
“Ballot” has its normal meaning of secret ballot;
“Open Voting” means voting by a show of hands or similar means.
It has been the practice in the past for Council to conduct voting by ordinary ballot where there are two (2) nominations and preferential ballot where three or more nominations are received. Assuming Council continues with this practice the following procedure has been set down for Preferential Voting in Part 3 of Schedule 7, Election of Mayor by Councillors, in the Local Government (General) Regulation 2005.
Ordinary Voting
The ballot papers are to contain the names of both candidates. Councillors make their vote by placing “1” against the name of the candidate they wish to see elected. The candidate with an absolute majority of votes is deemed to be elected.
Preferential Voting - Ballot Papers and Voting
1. The ballot papers are to contain the names of all the candidates. The Councillors are to make their votes by placing the numbers “1”, “2”, “3” and so on against the various names so as to indicate the order of their preference for the candidates. In accordance with Clause 9 of Schedule 7, Councillors must show their preferences for all Candidates for votes to be formal.
2. The formality of a ballot-paper under this Part is to be determined in accordance with Clause 345 (1)(b); (1)(c) and (5) of this Regulation as if it were a ballot paper referred to in that clause.
3. An informal ballot paper must be rejected at the count.
Count
1. If a candidate has an absolute majority of first preference votes, that candidate is elected.
2. If not, the candidate with the lowest number of first preference votes is excluded and the votes on the unexhausted ballot-papers counted to him or her are transferred to the candidates with second preferences on those ballot- papers.
3. A candidate who then has an absolute majority of votes is elected, but, if no candidate then has an absolute majority of votes, the process of excluding the candidate who has the lowest number of votes and counting each of his or her unexhausted ballot-papers to the candidates remaining in the election next in order of the voter’s preferences is repeated until one candidate has received an absolute majority of votes. The latter is elected.
4. In this clause absolute majority in relation to votes means a number which is more than one half of the number of unexhausted formal ballot-papers.
Tied Candidates
1. If, on any count of votes, the numbers of votes cast for 2 candidates are equal and;
a) those candidates are the only candidates in, the election - the candidate whose name is first chosen by lot is taken to have received an absolute majority of votes and is therefore taken to be elected; or
b) those candidates are the ones with the lowest number of votes on the count of the votes - the candidate whose name is first chosen by lot is taken to have the lowest number of votes and is therefore excluded.
2. If, on any count of votes, the numbers of votes cast for 3 or more candidates are equal and the lowest number of votes on the count of the votes - the candidate whose name is first chosen by lot is taken to have the lowest number of votes and is therefore excluded.
Choosing by Lot
To choose a candidate by lot, the names of the candidates who have equal numbers of votes are written on similar slips of paper by the Returning Officer, the slips are folded by the Returning Officer, so as to prevent the names being seen, the slips are mixed, (placed in a vial) and one is drawn at random by the Returning Officer and the candidate whose name is on the drawn slip is chosen.
ITEM 6 - ELECTION OF MAYOR 2012/13 TERM
REPORT IN BRIEF
Reason For Report |
Election of Mayor for the 2012/13 term |
Policy Implications |
Nil |
Budget Implications |
Nil |
Annexures |
Nil |
File Number |
\OFFICIAL RECORDS LIBRARY\GOVERNANCE\ELECTIONS\MAYORAL - 298684 |
THAT the General Manager proceed with the requirements for the election of the Mayor for Cabonne Council as detailed in the Item relating to determining of requirements for the election process.
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General Manager's REPORT
Following the determination by Council at the Item relating to determining of requirements for the election process, a resolution for the General Manager to proceed with the election of the Mayor is required.
ITEM 7 - ELECTION OF DEPUTY MAYOR 2012/13 TERM
REPORT IN BRIEF
Reason For Report |
Election of Deputy Mayor for the 2012/13 term |
Policy Implications |
Nil |
Budget Implications |
Nil |
Annexures |
Nil |
File Number |
\OFFICIAL RECORDS LIBRARY\GOVERNANCE\ELECTIONS\MAYORAL - 298687 |
THAT the General Manager proceed with the requirements for the election of the Deputy Mayor for Cabonne Council as detailed in the Item relating to determining of requirements for the election process. |
General Manager's REPORT
Following the determination by Council at the Item relating to determining of requirements for the election process, a resolution for the General Manager to proceed with the election of the Deputy Mayor is required.
ITEM 8 - DESTRUCTION OF BALLOT PAPERS
REPORT IN BRIEF
Reason For Report |
Destruction of Ballot Papers |
Policy Implications |
Nil |
Budget Implications |
Nil |
Annexures |
Nil |
File Number |
\OFFICIAL RECORDS LIBRARY\GOVERNANCE\ELECTIONS\MAYORAL - 298689 |
THAT Ballot Papers for the positions of Mayor and Deputy Mayor be destroyed upon the completion of formalities associated with the respective Ballots. |
General Manager's REPORT
Following the election of Mayor and Deputy Mayor a resolution is required as to disposal of the ballot papers. Traditionally Cabonne Council has destroyed the Ballot papers upon the completion of formalities associated with the respective Ballots.
ITEM 9 - COUNCIL DECLARATION OF OFFICE AND OATH OF ALLEGIANCE
REPORT IN BRIEF
Reason For Report |
Council to consider if Councillors should undertake a Declaration of Office and an Oath of Allegiance |
Policy Implications |
Nil |
Budget Implications |
Nil |
Annexures |
Nil |
File Number |
\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCILLORS - 2012-2016\MAYOR - GENERAL - 357392 |
THAT all Councillors undertake a Declaration of Office and an Oath of Allegiance/Solemn Affirmation as part of the official proceeding following election, on Council’s Ordinary Meeting on 24th September, 2012. |
Administration Manager's REPORT
Following declaration of the new Council, it is appropriate for Council to consider if Councillors should undertake a Declaration of Office and an Oath of Allegiance. The previous Local Government Act had this as a requirement, but the 1993 Local Government Act is silent on the matter.
An alternative to the Oath of Allegiance is a Solemn Affirmation.
A Declaration of Office and Oath of Allegiance will be available on the meeting day for Councillors to sign.
Council has previously resolved as a matter of Policy that the Declaration of Office and Oath of Allegiance be part of the official proceedings following the election.
ITEM 10 - DELEGATION TO THE MAYOR AND DEPUTY MAYOR, (IN THE MAYOR'S ABSENCE)
REPORT IN BRIEF
Reason For Report |
To re-affirm the delegation to the successful candidates elected as Mayor and Deputy Mayor |
Policy Implications |
Nil |
Budget Implications |
Nil |
Annexures |
Nil |
File Number |
\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\AUTHORISATIONS\DELEGATIONS - 298691 |
THAT subject to not receiving direction from the Council as to the consideration of any particular matter by the Council itself and subject to the requirements of the Local Government Act 1993 and Regulations thereunder and any express policy of the Council or regulations of any public authority other than the Council and pursuant to the powers conferred on Council by s377 of the Local Government Act 1993, the Mayor (name in full to be inserted) and, where allowed, in his/her absence the Deputy Mayor (name in full to be inserted) be authorised to exercise or perform on behalf of the Council the powers, authorities, duties and functions as follows: · to incur expenditure up to the sum of $1,000 for incidental expenses, within approved votes of Council. · to receive a public interest disclosure in circumstances assigned to the position of Mayor in Council’s Public Interest Disclosure (Internal Reporting) Policy.. |
General Manager's REPORT
Following the elections for Mayor and Deputy Mayor, it is necessary for Council to re-affirm the delegation to the successful candidates. This is in addition to such other powers as are conferred under the Local Government Act 1993.
ITEM 11 - AUTHORISATION OF MEETING CHAIRPERSON WITH POWERS OF EXPULSION AND REMOVAL
REPORT IN BRIEF
Reason For Report |
For Council to resolve to authorise the Chairperson of Council and Committee meetings with the powers of expulsion and removal |
Policy Implications |
Consistent with Council's Code of Meeting Practice policy |
Budget Implications |
Nil |
Annexures |
Nil |
File Number |
\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 298765 |
THAT Council authorise: 1. The presiding Chair of Council and Committee meetings with the power of expulsion as provided by the Local Government Act 1993, Section 10(2). 2. The presiding Chair of Council and Committee meetings with the power to use necessary force to remove a person, Councillor or otherwise, who has been expelled and refuses to leave the meeting place as provided by the Local Government (General) Regulation 2005, Clause 258. The Chair is authorised to use force personally, or may request a police officer or may nominate and authorise an agreeable Council officer present to remove and prevent re-entry by a person so expelled. |
Administration Manager's REPORT
Council’s Code of Meeting of Practice policy, consistent with requirements of the Local Government Act 1993 and Local Government (General) Regulation 2005, refers to the powers of expulsion and removal which can be authorised by resolution provided by the Act and Regulation and notes that these powers have being given to the Chair of Council and Committee meetings.
Council is required to consider and reaffirm this authorisation.
REPORT IN BRIEF
Reason For Report |
To determine Council’s Standing Committees’ Members for the 2012/13 Term. |
Policy Implications |
Nil |
Budget Implications |
Nil |
Annexures |
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File Number |
\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 298695 |
THAT Council determine its Standing Committees’ core Members for the 2012/2013 year. |
General Manager's REPORT
If Council alters the current Panel System for the coming year it will be necessary to alter the following list of Committees accordingly.
Each of Council’s standing committees is constituted to deal with certain matters identified under Council’s principal activities. Further details of the Principal Activities are included in Council’s Management Plan. Objectives, Responsibilities and Terms of Reference for each of the previous Standing Committees have been developed and are attached as an annexure to this report. Subject to the Standing Committees adopted by Council it may be necessary to amend these objectives, responsibilities and Terms of Reference.
PANEL A - WORKS COMMITTEE, COMMUNITY SERVICES COMMITTEE, AUDIT COMMITTEE and RATE REVIEW COMMITTEE
The previous Panel A Committees consisted of the following members for the 2011/2012 year:
The Mayor (Clr R Dowling), Clrs N Bleakley, G Dean, D Hyde, I Gosper and K Walker.
PANEL B - ENVIRONMENTAL SERVICES & SUSTAINABILITY COMMITTEE and ECONOMIC DEVELOPMENT & TOURISM COMMITTEE.
The previous Panel B Committees consisted of the following members for the 2011/2012 year:
Clrs J Culverson, K Duffy, A Durkin, J Farr, L MacSmith, and S Wilcox.
At the 2010 September Extraordinary meeting Council resolved:
“THAT:
1. Council’s Quarry Review and Land Development Committees meet on a bi-monthly basis.
2. Council’s Standing Committees’ core Members for the 2010/2011 year be as follows:
The QUARRY REVIEW COMMITTEE consisted of Clrs N Bleakley, J Culverson, R Dowling, K Duffy, A Durkin, J Farr, I Gosper, L MacSmith, S Wilcox and the Director of Engineering & Technical Services.
The LAND DEVELOPMENT SUB-COMMITTEE consisted of Clrs N Bleakley, K Duffy, J Farr, D Hyde and the Director of Finance & Corporate Services, Director of Engineering &Technical Services, Director of Environmental Services, Design Manager and Economic Development Manager.”
This has led to the situation where meetings have been held for the committees where there have been no items for consideration or delays have occurred due to the two month meeting schedule. It is recommended that these two committees meet as and when required in future.
Council should also consider the make-up of these two committees. Including the Quarry Review Committee with Panel A or B would lead to greater efficiency and reduce delays for councillors on a Panel that concludes its business earlier than the other Panel. Also, the Land Development Sub-committee historically was an advisory committee consisting of the Mayor and designated staff which me informally to discuss Council land developments on a confidential basis. It is recommended that this committee revert to that structure.
ITEM 13 - OTHER COUNCIL COMMITTEES THAT MEET AS AND WHEN REQUIRED
REPORT IN BRIEF
Reason For Report |
To determine the Committee Members for other Council Committees for the 2012/2013 year |
Policy Implications |
Nil |
Budget Implications |
Nil |
Annexures |
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File Number |
\OFFICIAL RECORDS LIBRARY\GOVERNANCE - 298697 |
THAT Council determine the Committee Members for Council Committees that meet as and when required for the 2012/2013 year. |
General Manager's REPORT
Each of Council’s committees is constituted to deal with certain matters identified under Council’s principal activities. Further details of the Principal Activities are included in Council’s Management Plan.
The Committee Members for Other Council Committees that meet as and when required for the year 2012/2013 comprised of the following:
1) FLOODPLAIN MANAGEMENT COMMITTEE
Council’s Floodplain Management Committee is constituted to consider issues associated with Floodplain Management.
The Floodplain Management Committee previously consisted of three (3) members with power to co-opt, those members being:-
The Mayor (Clr R Dowling) and Clrs D Hyde and N Bleakley.
2) DISTRICT FLOODPLAIN MANAGEMENT SUB-COMMITTEE
Council’s District Floodplain Management Committees are constituted to consider issues associated with District Floodplain Management together with community members.
The District Floodplain Management Sub-Committee previously consisted of the following Members of Council, with the power to co-opt:
i. Canowindra Clrs K Walker and A Durkin
ii. Molong Clrs N Bleakley and I Gosper
iii. Eugowra Clrs D Hyde and G Dean
iv. Cudal Clrs D Hyde and G Dean
Council’s Director of Environmental Services and Design Manager are also members of all District Flood Management Sub-Committees in accordance with the Floodplain Policy Manual.
3) LOCAL GOVERNMENT WEEK COMMITTEE
Council’s Local Government Week Committee is constituted to consider issues such as promotion of Council’s role during Local Government Week Celebrations associated with the following principal activity of Council: Governance
The Local Government Week Committee previously consisted of the Mayor (Clr R Dowling) and Clrs J Culverson, K Duffy, I Gosper, D Hyde and S Wilcox.
4) FOUR TOWN SEWERAGE COMMITTEE
This committee was formerly a Standing Committee constituted as a means of communicating progress of the Four Town Sewerage Scheme with the community during the development phase of the Scheme. Council maintained the Committee as a committee that meets as and when required yet may wish to consider dissolving the committee now that the scheme is in its construction/operational phase.
The Four Town Sewerage Committee consisted of the Mayor (Clr R Dowling) and Clrs J Farr, I Gosper, and the Director of Engineering & Technical Services.
5) HERITAGE COMMITTEE
This committee is an advisory committee including community representatives with a charter which identifies the purpose as: to assist Council develop and conduct heritage programs and to promote the conservation of Cabonne’s natural and built heritage. The committee meets every two months.
Council’s representatives on the Heritage Committee consisted of Clr D Hyde and the Director of Environmental Services. It is noted Council’s Heritage Advisor also attends plus 5 community representatives.
6) AUSTRALIA DAY AWARDS COMMITTEE
This committee was formed following DLG advice re the technical breach of the Local Government Act in considering award winners in a Closed session of Council.
The committee considers nominations for Australia Day awards (including Citizen, Young Citizen and Community Group of the Year as well as the Cabonne Youth Ambassador of the Year) and recommend winners to Council.
The Terms of Reference for this Committee is annexed.
The Australia Day Awards Committee consisted of all the councillors and the General Manager.
ITEM 14 - DELEGATES TO OTHER ORGANISATIONS - FOR THE TERM OF COUNCIL
REPORT IN BRIEF
Reason For Report |
For Council to determine its Delegates and Representatives to other organisations for the term of Council. |
Policy Implications |
Council's Delegates to Central Tablelands Water Policy refers |
Budget Implications |
Nil |
Annexures |
Nil |
File Number |
\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\AUTHORISATIONS\DELEGATIONS - 297773 |
THAT Council determine its delegates to Central Tablelands Water, Central West Libraries and Cabonne/Orange/Blayney Enterprise Centre for the term of Council. |
General Manager's REPORT
Council is required to determine its Delegates and representatives to other organisations and community organisation for the Term of Council or for each financial year. Those determined for the Term of Council are listed herewith.
FOR THE TERM OF COUNCIL
1) CENTRAL TABLELANDS WATER (CTW)
Central Tablelands Water provides potable water to around 11,500 consumers in 14 towns and villages including Canowindra, Cargo, Cudal, Eugowra and Manildra in the Cabonne Shire.
It should be noted that appointment as delegate to Central Tablelands Water attracts remuneration under the category of “County Council – Water” being the maximum allowed fee for that category as determined by the NSW Local Government Remuneration Tribunal.
It is also noted that the Central Tablelands Water has requested that the two councillors to be appointed as Cabonne’s delegates be consumers with the CTW, as had been the previous practice prior to the previous term of Council during which one of the delegates did not fit the criterion. Council adopted a policy at its July 2012 meeting to the effect that:
Council shall elect two (2) constituent delegates to Central Tablelands Water for a four (4) year term from amongst its councillors who are consumers of Central Tablelands Water.
Council’s two delegates to Central Tablelands Water have been Clrs K Duffy and J Farr.
2) CENTRAL WEST LIBRARIES (CWL)
Central West Libraries is responsible for Library Services in Cabonne (Canowindra, Molong and Manildra), Orange, Blayney, Forbes and Cowra.
Council’s two representatives to the Central West Libraries Committee have been Clr J Culverson and the General Manager, with the Administration Manager acting as alternate delegate.
3) CABONNE/ORANGE/BLAYNEY ENTERPRISE CENTRE (COBEC)
The COBEC is responsible for assistance and advice, generally for small to medium enterprises in the Cabonne, Orange and Blayney areas. It plays a pivotal role in the encouragement and establishment of new business.
Council’s representative to the Cabonne/Orange/Blayney Enterprise Centre Committee has been Clr K Duffy, with the General Manager being an alternate delegate.
ITEM 15 - DELEGATES TO OTHER ORGANISATIONS - COMMUNITY PEAK ORGANISATIONS
REPORT IN BRIEF
Reason For Report |
For Council to determine its Delegates and Representatives to other organisations and Community Organisations for the 2012/2013 year |
Policy Implications |
Nil |
Budget Implications |
Nil |
Annexures |
Nil |
File Number |
\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\AUTHORISATIONS\DELEGATIONS - 297775 |
THAT Council determine the appointment of the delegates to Community Peak Organisations (as listed in the report), subject to the support from these Organisations for the 2012/2013 year. |
General Manager's REPORT
Council is required to determine delegates to listed Community Peak Organisations, subject to the support from these Organisations for the 2012/13 year. Previously the representatives have been:
Town |
Organisation |
Meetings |
Representative |
Manildra |
Manildra and District Improvement Association (MADIA) |
1st Wednesday of each month |
Clr Farr |
Cumnock |
Cumnock and District Progress Association |
3rd Thursday of each month |
Clr Dowling |
Yeoval |
Yeoval and District Progress Association |
1st Tuesday of each month |
Clr Dowling Alternate Clr Farr |
Molong |
Molong Advancement Group |
1st Wednesday of each month
|
Clr Bleakley |
Mullion Creek |
Mullion Creek & District Progress Association |
4th Tuesday of each month
|
Clr Wilcox |
Cargo |
Cargo Progress Association |
1st Thursday of every second month |
Clr MacSmith |
Nashdale/ Borenore |
Proposed joint Borenore/ Nashdale Committee under consideration |
Last Friday of every month |
Clr Duffy |
Canowindra |
Bendy Street Business Group |
Monthly |
Clr Durkin |
Eugowra |
Eugowra Promotion and Progress Association |
2nd Tuesday of each month |
Clr Hyde |
Cudal |
Cudal Progress Association |
1st Wednesday of each month |
Clr Dean |
ITEM 16 - DELEGATES TO OTHER ORGANISATIONS - FOR THE YEAR 2012/13
REPORT IN BRIEF
Reason For Report |
For Council to determine its Delegates and Representatives to other organisations and Community Organisations for the 2012/2013 year. |
Policy Implications |
Nil |
Budget Implications |
Nil |
Annexures |
Nil |
File Number |
\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\AUTHORISATIONS\DELEGATIONS - 297772 |
THAT Council Determine its Delegates and Representatives to other organisations (as listed below) for the 2012/2013 year. |
General Manager's REPORT
Council is required to determine its Delegates and representatives to other organisations and community organisations for the 2012/13 year.
1) ARTS OUT WEST
Arts Out West is an organisation that gives people the opportunity to become involved at a Regional and State level with arts and cultural development in the Central West Region.
Council’s representative to Arts Out West has been Clr S Wilcox.
2) ASSOCIATION OF MINE RELATED COUNCILS INC
The Association of Mine Related Councils is the primary lobby group for Councils affected by mining. It also provides legal advice and networking opportunities.
Council’s representative on the Association of Mine Related Councils Inc. has been Clr S Wilcox with Clr K Duffy as alternative delegate and the Director of Environmental Services.
3) AUSTRALIA WIDE RURAL ROAD GROUP (AWRRG)
This Group’s agenda includes current issues with regional road infrastructure including “road network sustainability, and if not addressed, its direct negative implications for local industry, and the need for specific funding to close the funding gap.” Supporting the AWRRG agenda by becoming a financial member is seen as a proactive approach to address the funding shortfall.
Council’s delegates to the AWRRG Group are the Chair of the Works Committee and Clr Culverson.
4) BELUBULA RIVER JOINT COMMITTEE
The Belubula River Joint Committee is run in conjunction with Cowra Council and is responsible for river clearance and management issues on the Belubula River.
Council’s representative to the Belubula River Joint Committee has been Clr K Walker with Clr A Durkin as an alternate delegate.
5) CABONNE CARAVAN PARK COMMITTEE
This Committee is responsible for overseeing the operation of all Cabonne Caravan Parks. A representative of each Caravan Park is a member of the Committee: the Caretaker at Cudal, and Mangers from Molong and Canowindra.
Council’s representatives on the Cabonne Caravan Park Committee have been Clrs N Bleakley, G Dean and K Walker; and the Director of Engineering and Technical Services, Finance Manager, Urban Assets Coordinator and Services Overseer.
6) CABONNE CONSULTATIVE COMMITTEE
The Committee is responsible for oversight of Industrial and Award matters and acts in a Consultative capacity involving Councillors, staff and senior management.
The Council representatives to the Cabonne Consultative Committee previously have been Clrs G Dean and N Bleakley.
7) CABONNE/ORANGE ROAD SAFETY COMMITTEE
This Committee is responsible for Road Safety in Cabonne and Orange, particularly oversight of the Road Safety Officer’s operations.
Clr G Dean as the Traffic Committee representative was appointed as the representative to the Joint Cabonne/Orange Road Safety Steering Committee.
8) CABONNE COUNTRY TOURISM ADVISORY COMMITTEE
The Cabonne Country Tourism Advisory Committee aims to facilitate the development of tourism to and within the Cabonne Country. Nominations have only just called for and the Charter requires nomination of a minimum of one Cabonne Council Councillor to this Committee.
9) CABONNE TOURISM ADVISORY COMMITTEE
This Committee consists of Tourist Operators from the Cabonne Country area. Its aim is to advise Council on tourism related issues.
The Council representatives to the Cabonne Tourism Advisory Committee have been Clrs J Culverson and S Wilcox with Clr K Duffy as the alternate delegate.
Please note the ongoing operation of this Committee is under review with the creation of the Cabonne Country Tourism Advisory Committee (CCTAC). Council may wish to defer this matter until the CCTAC is operational.
10) CADIA - MREMP COMMITTEE
This Committee has a statutory role to assess mining and environmental matters associated with Cadia Mine.
The Director of Environmental Services is Council’s representative on the Cadia MREMP Committee.
11) CADIA – COMMUNITY CONSULTATIVE COMMITTEE
This Committee was established in accordance with the development consent and acts as a forum for the local community to raise issues in relation to the Mine’s operation.
Clr L MacSmith and the Director of Environmental Services are Council’s representatives on the Cadia Community Consultative Committee.
It is noted that the Charter actually only allows for one representative. Prior to 2009 the Director of Environmental Services was the nominated representative.
12) CANOBOLAS BUSH FIRE MANAGEMENT COMMITTEE
The Council’s of Cabonne, Orange and Blayney have combined their Bushfire Management Committees to form the Canobolas Bushfire Management Committee.
Council’s representative to the Canobolas Bush Fire Management Committee has been Clr L MacSmith with Clr I Gosper as alternate delegate and Council’s Director of Environmental Services.
13) CANOBOLAS ZONE LIAISON COMMITTEE
The Committee has been formed to administer the Canobolas Zone Service Level Agreements.
Council representative to the Canobolas Zone Liaison Committee has been
Clr I Gosper and the Director of Engineering and Technical Services with Clr L MacSmith as alternate delegate.
14) CANOWINDRA AGE OF FISHES MUSEUM BOARD and STRATEGIC ADVISORY COMMITTEE OF THE CANOWINDRA AGE OF FISHES MUSEUM
These are 2 community committees established to administer the Age of Fishes Museum at Canowindra.
Council’s representative to the Canowindra Age of Fishes Board and Strategic Committee has been Clr A Durkin with Clr K Walker as the alternate delegate.
15) CANOWINDRA FOOD BASKET ADVISORY GROUP
The aim of this project is to supply food to the underprivileged and low income families of Canowindra. To qualify, clients must have a current pension or health card and only one weekly entitlement per household is allowed.
Council’s delegate on the Canowindra Food Basket Advisory Group has been Clr Walker.
16) CARGO ROAD USERS ASSOCIATION
This committee has been established to lobby for upgrading of Cargo Rd.
Council’s representative on the Cargo Road Users Association has previously been the Mayor (Clr R Dowling) with Clr L MacSmith as an alternative delegate.
17) CENTRAL WEST CATCHMENT MANAGEMENT AUTHORITY (CWCMA)
The objective of the group is to establish formal and constructive relationships between Council and the CMA.
The key responsibilities of the Group’s membership are to promote natural resource management within Council and support the work of the Salinity and Water Quality Alliance.
Councillor representation on the CWCMA Local Government Reference Group Forum has been through Clr MacSmith as delegate and Clr Wilcox as alternate delegate.
18) CENTRAL WEST MINING LIAISON COMMITTEE - (CABONNE/ORANGE/BLAYNEY)
This Committee has oversight of mining exploration and operations, particularly in the Cabonne, Orange and Blayney areas.
Council’s representative on the Central West Mining Liaison Committee for the Cabonne, Orange and Blayney area is the Mayor (Clr R Dowling) with Clr J Farr as the alternate delegate.
19) CENTROC HEALTH WATCH COMMITTEE
This Committee is responsible for monitoring Medical and Health issues in the CENTROC region. This Committee was formed as a result of the Lachlan Medical Focus Group disbanding.
Council’s delegates to the CENTROC Health Watch Committee have been Clr J Farr and the Community Services Manager with the Mayor (Clr R Dowling) as the alternate delegate.
20) GREATER WESTERN AREA HEALTH SERVICE (GWAHS) – CABONNE HEALTH COUNCIL
This Council is responsible for advising the Chief Executive of Greater Western Area Health Service on policies, plans and health related initiatives in the Cabonne area.
Council’s delegate has been Clr D Hyde with Clr N Bleakley as the alternate delegate.
21) HACC JOINT COMMITTEE
This Committee, previously known as the Food Services Advisory Committee is responsible for advising on Food Services needs for Council’s Home and Community Care operations.
Council’s representative to the Cabonne Food Services Advisory Committee has been Clr D Hyde with Council’s Community Services Manager to act as alternate delegate.
22) LACHLAN REGIONAL TRANSPORT COMMITTEE
This Committee assumes a lobbying role on transport issues in the Lachlan region.
Council’s delegate to the Lachlan Regional Transport Committee has been Clr D Hyde and Director of Engineering and Technical Services (as and when required) with Clr K Walker as the alternate delegate.
23) LITTLE RIVER LANDCARE CATCHMENT MANAGEMENT
This Committee has assumed responsibility for Landcare Management issues associated with Little River in the Yeoval area.
Council’s representative to the Little River Landcare Group has been Clr R Dowling.
24) LOCAL EMERGENCY MANAGEMENT COMMITTEE
This Committee is responsible for the coordination of emergency response issues for Cabonne.
The representatives to the Local Emergency and Management Committee previously consisted of the Mayor (Clr R Dowling), the Director of Engineering and Technical Services as the Local Emergency Management Officer and Council’s Operations Manager as the Deputy Local Emergency Management Officer.
25) MOLONG MEDICAL COMMITTEE
This Committee is responsible for community liaison on Health and Medical issues in Molong.
Council’s representative on the Molong Medical Committee has been Clr N Bleakley.
26) NOXIOUS WEEDS ADVISORY COMMITTEES
These are cooperative committees involving groups of Councils in the Lachlan and Macquarie River Catchment areas along with NSW Agriculture to oversee and advise on Noxious Weeds matters.
Lachlan Valley Noxious Weeds Advisory Committee
Clr D Hyde has been Council representative on this Committee with Clr R Dowling being the alternate delegate.
Upper Macquarie Noxious Weeds Advisory Committee
Clr R Dowling has been Council’s representative on this Committee with Clr L MacSmith being the alternate delegate.
27) NSW OFFICE OF WATER RURAL LANDHOLDER SUB-COMMITTEE
This sub-committee provides a consultative process for feedback to the Macquarie Pipeline Taskforce on various matters relating to the project.
The Mayor has been Council’s representative on this Committee.
28) OPHIR RESERVE TRUST BOARD
The Department of Lands has appointed a Public Trust to manage the affairs of the Ophir Reserve in lieu of an administrator. Council nominated a position of “Councillor, Cabonne Council (ex-officio member)” to be on the Board which was ratified by the Minister for Lands.
Council’s representative on this Board to fill the position of ‘Councillor’ has been Clr S Wilcox.
29) ORANGE/MUDGEE ROAD LINK COMMITTEE
This Committee comprises representatives of Orange, Blayney, Mid Western and Bathurst Regional Councils. Its aim is to develop a link, incorporating a bridge across the Macquarie River, between Orange and Mudgee.
Council’s representative on the Orange/Mudgee Road Link Committee has been Clr J Culverson with Clr S Wilcox as the alternate delegate.
30) SALINITY ACTION ALLIANCE
This Committee has been established to strategically position the member Councils in order to maximise opportunities for Federal and State funding to address natural resource management and salinity in particular.
Council’s representatives on the Salinity Action Alliance have been Clr L MacSmith and the Director of Environmental Services with Clr R Dowling as the alternative delegate.
31) SYDNEY ROADLINKS COMMITTEE
This is a regional committee with representatives from 7 Councils aimed at upgrading the Great Western Highway from the Blue Mountains through to Bathurst.
Council’s delegates to this Committee have been the Mayor (Clr R Dowling) with Clrs N Bleakley and J Farr as the alternate delegates.
Council should note that the Director of Engineering & Technical Services also attends these Meetings as an observer.
32) TRAFFIC COMMITTEE
This Committee advises Council on traffic related issues in Cabonne. It also consists of Police and RTA representatives.
Council’s delegate to this Committee has been Clr N Bleakley with the Mayor (Clr R Dowling) as the alternate delegate.
33) VERTO LTD (previously known as Central West Community College)
This Committee comprises of representatives from the Central West overseeing the provision of training, employment and community services offered by Verto Ltd.
Council’s delegate to this Committee has been Clr S Wilcox.
34) WALUWIN CENTRE GOVERNANCE COMMITTEE
A lease has been put in place between Council and the Health Administration Corporation on behalf of Greater Western Area Health Service (GWAHS). The lease provides for a “Centre Governance Committee” to be established by Council including representatives of all lessees/occupiers within the building to provide advice to the lessor on but not limited to the efficient management and operation of the building including the preparation of annual budgets.
Council’s delegate to this Committee has been Clr N Bleakley with Clr L MacSmith as the alternate delegate.
35) WALUWIN MOLONG HEALTHONE HEALTH SERVICES ADVISORY COMMITTEE
The key role of the Advisory Committee is to set the strategic direction for primary and community health and health related services for the community of Molong and the surrounding towns. The Advisory Committee will oversee the HealthOne Molong Service to ensure the safe, appropriate and strategic conduct of the service occurs.
Council’s delegate to this Committee has been Clr N Bleakley.
36) WELLINGTON/DUBBO LANDCARE MANAGEMENT
This Committee represents some sixteen (16) Landcare Groups and 400 ratepayers within the Cabonne boundary.
Council’s delegate to this Committee has been Clr R Dowling with Clr L MacSmith as the alternate delegate.
ITEM 17 - ALTERNATE DELEGATE TO COMMITTEES OTHER THAN COUNCIL COMMITTEES
REPORT IN BRIEF
Reason For Report |
For Council's information. |
Policy Implications |
Consistent with Council's 'Payment of expenses' Policy which allows an alternate delegate to be nominated when an official delegate is unable to represent Council at functions. |
Budget Implications |
Nil - there is a budget provision for councillors travel expenses reimbursement |
Annexures |
Nil |
File Number |
\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY DOCUMENT - 297776 |
THAT the information be noted. |
General Manager's REPORT
Council’s Payment of Expenses and Provision of Facilities for Mayor and Councillors Policy includes a previously resolved policy (Minute No. 94/3/27) that any official Council delegate is authorised to arrange for another councillor to represent Council at functions where the official delegate is unable to attend and believes that Council representation is required.
The councillor representing a delegate who is unable to attend may claim reimbursement of travel expenses at the prescribed rate provided that Council’s Administration Manager is advised in writing by the official delegate of the arrangements made.
ITEM 18 - FIXING THE DATE AND TIME OF REGULAR MEETINGS OF COUNCIL AND VARIOUS COMMITTEE MEETINGS
REPORT IN BRIEF
Reason For Report |
For Council to determine dates and time for regular meetings of Council and various Committees. |
Policy Implications |
Nil |
Budget Implications |
Nil |
Annexures |
Nil |
File Number |
\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 298000 |
THAT Council determine the date and time of regular Meetings of Council and various Committee Meetings. |
General Manager's REPORT
The current procedure is to conduct Council and Committee Meetings as follows:
(a) Ordinary Council Meeting
The Ordinary Council Meeting be held at Council’s Molong Office on the third Monday in each month, commencing at 9:30 am.
(b) Committee Meetings
Council’s monthly Committee meetings are held on the first Monday of each month, fourteen (14) days prior to Council’s Ordinary Meeting. Should this day fall on a Gazetted Public Holiday the Committee Meeting is held on the Tuesday, thirteen (13) days prior to Council’s Ordinary Meeting, in accordance with Council’s policy and Code of Meeting Practice.
Council should be aware that if it wishes to change the date and time of Meetings, it will be necessary under Section 362(2) of the Local Government Act, 1993 to advertise changes for 28 days and allow a total of 42 days for comment, as this would represent a substantial variation in terms of Council’s Code of Meeting Practice.
Council also has the option to trial options, subject to the necessary advertising and adoption.
ITEM 19 - CONFIRMATION OF THE MINUTES
REPORT IN BRIEF
Reason For Report |
Adoption of Minutes |
Policy Implications |
Nil |
Budget Implications |
Nil |
Annexures |
|
File Number |
\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - BUSINESS PAPERS - 2012 - 336907 |
THAT the minutes of the Ordinary Meeting held on Monday 20 August 2012 be adopted.
|
General Manager's REPORT
The following minutes are attached for endorsement.
1. Minutes of the Ordinary Council meeting held on Monday 20 August 2012.
ITEM 20 - DIVISION OF LOCAL GOVERNMENT COUNCILLOR WORKSHOPS
REPORT IN BRIEF
Reason For Report |
To advise of the upcoming Councillor Workshops being conducted by the Division of Local Government (DLG). |
Policy Implications |
Nil |
Budget Implications |
Nil |
Annexures |
|
File Number |
\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\DIVISION OF LOCAL GOVERNMENT - 345864 |
THAT the General Manager and all Councillors be authorised to attend the DLG Councillor Workshop to be held in Blayney on 23 October 2012. |
General Manager's REPORT
Following the local government elections, the DLG will be running a series of Councillor Workshops across NSW. The Workshops are an opportunity to get together, strengthen relationships and develop support networks, share briefings and important updates so that each new council receives key information in a consistent manner. The Workshops will be interactive and include facilitated networking opportunities to help councillors develop supportive relationships through their electoral term.
The morning sessions of the workshops will cover content such as key roles, responsibilities and relationships, and how to make the most of meetings. The afternoon sessions will expand on the Integrated Planning and Reporting framework, update councillors on the new Model Code of Conduct and the support available to councillors in their role.
The Workshop covering this region will be held in Blayney on Tuesday 23 October 2012. The Workshop program is attached which summarises the material to be covered and the DLG is strongly encouraging Councillors to participate in these workshops.
ITEM 21 - THE PAYMENT OF EXPENSES AND THE PROVISION OF FACILITIES FOR MAYOR AND COUNCILLORS 2013 POLICY
REPORT IN BRIEF
THAT Council: 1. Endorse the draft Payment of Expenses & Provision of Facilities for Mayor and Councillors 2013 Policy including limits for expenses listed, (and resolve any amendments raised on Council meeting day). 2. In accordance with the provisions of the Local Government Act 1993, advertise the intended adoption of (and any proposed changes to) Council’s Payment of Expenses & Provision of Facilities for Mayor and Councillors 2013 Policy. 3. Receive a further report to the November Council meeting for consideration of submissions and adoption of the Payment of Expenses & Provision of Facilities for Mayor and Councillors 2013 Policy. |
Administration Manager's REPORT
Council is required to adopt its policy relating to the payment of expenses and provision of facilities to councillors annually, within 5 months of the 30 June. Within 28 days of adopting such a policy a copy, it is to be submitted to the Division of Local Government (DLG), even if an unchanged policy is adopted.
The DLG Guidelines relating to the annual review and adoption of this policy require that public notice be given and submissions be invited.
If Council decides to make substantial changes they would also need to be advertised in the public notice. The term ‘substantial’ should be taken to mean major changes to wording of the policy or changes to monetary provisions or rates that are equal to or greater than 5%. It also means changes to the standard of the provision of equipment and facilities. Substantial amendments to the policy that could include larger changes to monetary limits than the limit noted above, and/or major changes to the standard of provision of equipment and facilities, will require public notice of the amendment. Any new category of expenses, facilities and equipment included in the policy will also require public notice.
In 2011 Council adopted a policy which, with the added provision relating to councillor contributions to a complying superannuation fund, forms the basis for the current attached draft. Any further changes resolved by Council at the September meeting will need to be added prior to advertising.
Annual Limits
The draft policy contains the following table noting that Councillors Maximum Annual Expense Limits are global limits except where specified.
Expense |
Mayor |
Deputy Mayor |
Councillors * |
Maximum Annual Expense Limits ($) |
|||
Agreed training |
3,500 |
2,500 |
20,000 |
Mandatory Councillor Information session |
400 |
400 |
4,000 |
Conferences & Seminars |
5,000 |
3,000 |
20,000 |
Travel -Local and Out Of Area |
N/A |
4,000 - Council vehicle for attending out of area functions |
40,000 - Council vehicle for attending out of area functions |
Interstate Travel |
2,000 |
1,500 |
10,000 |
Overseas Travel |
Not Available |
Not Available |
Not Available |
Motor Vehicle |
15,000^ |
See “Travel - Local and Out Of Area” |
See “Travel - Local and Out Of Area” |
Mobile Phone |
3,600 |
Not Available |
Not Available |
Internet Access |
360 (max) |
360 (max) |
360 (max) per councillor |
Stationery |
200 |
100 |
1,000 |
Business Cards, Name tags, etc |
150 |
150 |
1,500 |
Corporate Uniform (50% contribution) |
200 (max.) |
200 (max.) |
200 (max.) per councillor |
Mayoral Office Refreshments |
1,500 |
Not Available |
Not Available |
^ - Based on Maximum Annual Expense Limit for the Mayoral Vehicle set as $10,000 (based on 50,000kms per vehicle) with actual annual usage indicating 75,000kms travelled per year.
* Note: Global Limits except where specified
Budget Allocations
Councillors should note that in the 2011/12 year the budgeted current global limits were not reached in all categories.
Submissions
In accordance with section 253 of the Local Government Act, Council must give public notice of its intention to adopt or amend a ‘councillor expenses and facilities’ policy and allow at least 28 days for public submissions.
Council must consider any submissions received and make any appropriate changes to the policy.
Because of the 28 day submission phase, a further report will need to be provided to the November Council meeting including submissions received to allow Council to adopt a final version of the Policy. Within 28 days of adopting said policy a copy is to be submitted to the DLG.
ITEM 22 - DELEGATIONS BY COUNCIL UNDER THE NOXIOUS WEEDS ACT 1993
REPORT IN BRIEF
Reason For Report |
The Noxious Weeds Act 1993 grants a range of powers, duties and functions to local control authorities. Recent changes to the Noxious Weeds Act require delegations to be made by Resolution of Council. |
Policy Implications |
Nil |
Budget Implications |
Nil |
Annexures |
Nil |
File Number |
\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\AUTHORISATIONS\DELEGATIONS - 337737 |
THAT Subject to not receiving direction from the Council as to the consideration of any particular matter by the Council itself and pursuant to the powers conferred on Council as a local control authority under the Noxious Weeds Act 1993 and any express policy of the Council or regulations of any public authority other than the Council and pursuant to the powers conferred on Council by s.68 of the Noxious Weeds Act, the General Manager, Andrew Lee Hopkins; the Director of Finance and Corporate Service, Stephen John Harding; the Director of Engineering and Technical Services, Robert Frederick Staples; the Chief Weeds Officer, Norman Geoffrey Townsend; and the Weeds Officers, Andrew William Gosper, Lyle Hourn and Mitchell Coles be authorised to exercise or perform on behalf of the Council the powers, authorities, duties and functions as follows: i. the powers, duties and functions granted via the Noxious Weeds Act 1993 listed in the report to the positions recommended, with any amendments considered necessary by Council. |
Administration Manager's REPORT
A recent amendment to the Noxious Weeds Act 1993 (s.68) stipulates that delegation of powers and duties by a local control authority (Council) must only be made using the delegation power in that Act. The Noxious Weeds Act specifically notes that such delegations may not be made under the council’s power of delegation under the Local Government Act (LG Act).
Legal advice has been sought relating to a possible contradiction with the LG Act which normally prohibits delegation by Council to any Council employee other than the General Manager. Advice received states (paraphrased) that it seems that it was intended by the legislature that the power of delegation provided by the Noxious Weeds Act is provided separately and in addition to the power of delegation provided by the LG Act and accordingly it would not seem to be contrary to or in conflict with the power of delegation provided by the LG Act.
Correspondence has been received from the Department of Primary Industries at Armidale with recommended delegations. These recommendations have been considered by Council staff and it is recommended that Council delegate the following powers, functions and responsibilities to the incumbents of the indicated staff position titles (“GM” being General Manager, “DFCS” being Director of Finance and Corporate Services, “DETS” being Director of Engineering & Technical Services, “CWO” being Chief Weeds Officer and “WO” being the Weeds Officers) as follows:
Section |
Current Delegation Index |
Recommended position(s) for delegation |
Section 12 - Failure to Control Noxious weeds.
|
With DETS (NW3) at a section level i.e. subsections not specified |
See below |
Subsection (1) – Delegate authority to initiate prosecutions under this provision.
|
See above |
GM, DFCS |
Subsection (2) – Delegate authority to issue a notice under this provision |
See above |
DETS and CWO |
Subsection (4) – Delegate authority to initiate prosecutions under this provision |
See above |
GM, DFCS |
Section |
Current Delegation Index |
Recommended position(s) for delegation |
Section 15 - Failure to Notify Presence of Notifiable Noxious weeds
|
|
|
Delegate authority to initiate prosecutions under this section |
Not currently addressed. (Note: add to NW3) |
GM, DFCS |
Section |
Current Delegation Index |
Recommended position(s) for delegation |
Section 16A - Failure of Other Persons to Notify Presence of Notifiable Noxious Weeds
|
|
|
Delegate authority to initiate prosecutions under this |
Not currently addressed. (Note: add to NW3) |
GM, DFCS |
Section |
Current Delegation Index |
Recommended position(s) for delegation |
Section 18 - Weed Control Notices
|
|
|
Delegate authority to issue and to amend or revoke a weed control notice |
With DETS and CWO (NW1) |
DETS and CWO |
Section |
Current Delegation Index |
Recommended position(s) for delegation |
Section 18A - Prior notice of weed control notice
|
|
|
Delegate authority to issue a notice of a proposed weed control notice |
Not currently addressed. |
DETS and CWO |
Subsection (2)(c) and (d) - Delegate the duty to consider submissions from occupiers regarding a proposed weed control notice |
See above |
CWO |
Subsection (3) - Delegate the duty to give oral or written notice of an emergency weed control notice |
See above |
CWO |
Section |
Current Delegation Index |
Recommended position(s) for delegation |
Section 19 - Failure to Comply with a Weed Control Notice |
|
|
Delegate authority to initiate prosecutions under this section |
With DETS (NW3) |
GM, DFCS |
Section |
Current Delegation Index |
Recommended position(s) for delegation |
Section 20 - Noxious Weed Control by LCA after Weed Control Notice not complied with |
|
|
Subsection (1) - Delegate authority to authorise such work |
With DETS (NW4) |
GM, DFCS |
Subsection (2) - Delegate authority to carry out such work |
With CWO [and WOs] (NW5) |
CWO and WO |
Subsection (3) - Delegate responsibility to issue notices to occupiers, prior to action under this section |
With DETS (NW6) |
DETS and CWO
|
Section |
Current Delegation Index |
Recommended position(s) for delegation |
Section 26 Expenses |
|
|
Delegate authority to recovery expenses in accordance with this section |
Not currently addressed. |
GM, DFCS and CWO |
Section |
Current Delegation Index |
Recommended position(s) for delegation |
Section 28 Sale or Removal from Land, of Notifiable Weed Material |
|
|
Delegate authority to initiate prosecutions under this section |
With DETS (NW3) |
GM, DFCS |
Section |
Current Delegation Index |
Recommended position(s) for delegation |
Section 29 Sale of Turf etc. From Land Infested With Notifiable Weeds |
|
|
Delegate authority to initiate prosecutions under this section |
With DETS (NW3) |
GM, DFCS |
Section |
Current Delegation Index |
Recommended position(s) for delegation |
Section 30 Scattering of Notifiable Weed Material |
|
|
Delegate authority to initiate prosecutions under this section |
With DETS (NW3) |
GM, DFCS |
Section |
Current Delegation Index |
Recommended position(s) for delegation |
Section 32 Use of Agricultural Machines that are Carrying Notifiable Weeds |
|
|
Delegate authority to initiate prosecutions under this section |
With DETS (NW3) |
GM , DFCS |
Section |
Current Delegation Index |
Recommended position(s) for delegation |
Section 36A Temporary Restrictions During Weed Control |
With DETS and CWO (NW7) at a section level i.e. subsections not specified |
|
Subsection (2) – Delegate authority to require an occupier to remove livestock and to keep livestock out of land for purposes of work carried out under Section 20 |
See above |
CWO |
Subsection (3) to subsection (5) inclusive - Delegate authority to impose temporary restrictions during noxious weed control |
See above |
CWO |
Section |
Current Delegation Index |
Recommended position(s) for delegation |
Section 37 Record Keeping Obligations |
Not currently addressed. |
|
Subsection (1) – Delegate responsibility to monitor presence of noxious weeds and to keep records |
See above |
GM, DFCS |
Subsection (2) – Delegate responsibility to report to the Director General on the presence and distribution of noxious weeds |
See above |
GM, DFCS |
Section |
Current Delegation Index |
Recommended position(s) for delegation |
Section 38 (2) Aquatic Weeds |
|
|
Delegate the power to authorise the draining of a swamp on land |
Not currently addressed. |
Not considered necessary |
Section |
Current Delegation Index |
Recommended position(s) for delegation |
Section 41 Appointment of Inspectors |
|
|
Delegate the power to appoint inspectors under the Noxious Weeds Act for the local control authority (Cabonne Council) |
Currently with CWO - addressed at NW2 together with s.39 & s.40. |
GM, DFCS |
Section |
Current Delegation Index |
Recommended position(s) for delegation |
Section 45 Notice of Entry |
|
|
Delegate the duty to give occupiers notice prior to entry |
With DETS, CWO and WO (NW8) |
CWO and WO |
Section |
Current Delegation Index |
Recommended position(s) for delegation |
Section 46 Use of Force |
|
|
Delegate power to authorise use of force to gain entry to premises |
Not currently addressed. |
GM, DFCS |
Section |
Current Delegation Index |
Recommended position(s) for delegation |
Section 47 Notification of Use of Force |
|
|
Delegate responsibility to notify an occupier of the use of force |
With DETS (NW9) |
GM, DFCS |
Section |
Current Delegation Index |
Recommended position(s) for delegation |
Section 49 Compensation |
|
|
Delegate responsibility to authorise payment of compensation |
Not currently addressed. |
GM, DFCS |
Section |
Current Delegation Index |
Recommended position(s) for delegation |
Section 50 Certificates of Authority |
|
|
Delegate power to issue Certificates of Authority for Inspectors under the Noxious Weeds Act 1993 |
Not currently addressed. |
GM, DFCS |
* Note that under this section, (S.50 (2) (f)), the Noxious Weed Regulation (Clause 3) requires that the General Manager must also sign the Certificate of Authority. |
Section |
Current Delegation Index |
Recommended position(s) for delegation |
Section 54 Offences: Obstructing an Inspector etc |
|
|
Delegate authority to initiate prosecutions under this section |
With DETS (NW3) |
GM, DFCS |
Section |
Current Delegation Index |
Recommended position(s) for delegation |
Section 55 Offence: Impersonation of an Inspector |
|
|
Delegate authority to initiate prosecutions under this section |
With DETS (NW3) |
GM, DFCS |
Section |
Current Delegation Index |
Recommended position(s) for delegation |
Section 64 Certificates as to Weed Control Notices etc. on land |
|
|
Subsection (3) – Delegate power to issue certificates |
With DETS and CWO (NW10) |
GM, DFCS, DETS and CWO |
ITEM 23 - SPECIAL DISCLOSURE OF PECUNIARY INTERESTS FORM
REPORT IN BRIEF
Reason For Report |
SPECIAL DISCLOSURE OF PECUNIARY INTERESTS FORM |
Policy Implications |
Nil |
Budget Implications |
Nil |
Annexures |
Nil |
File Number |
\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCILLORS - 2012-2016\COUNCILLORS DECLARATIONS OF INTEREST - PECUNIARY INTEREST 2012 - 351712 |
THAT: 1. Councillors note the commencement of Special Disclosure of Pecuniary Interest forms; and 2. Where necessary seek assistance with completing the forms where necessary. |
Administration Manager's REPORT
The purpose of this report is to advise councillors of the commencement of the exemption from compliance with requirements of the pecuniary interest provisions at meetings in relation to the adoption of principal local environmental plans.
An amendment has been made to section 451 of the Local Government Act 1993.
This amendment provides for a councillor who has a pecuniary interest in a principal environmental planning instrument (applying to the whole or a significant part of the council’s area), to participate in the discussion of and vote on the instrument, provided that they make a special disclosure.
A special disclosure in relation to the interest must be made before the commencement of the council meeting or the council committee meeting, and must be recorded in the minutes of the meeting.
From 10 August 2012, the special disclosure must be in the form prescribed, and contain the information required, by the Regulation.
It has been suggested that General Managers, through their planning staff, should provide assistance to councillors to complete the information in the form that relates to the zoning of the properties in which the councillors have an interest.
ITEM 24 - COUNCILLORS EXPENSES AND ATTENDANCES REPORTING
REPORT IN BRIEF
Reason For Report |
Requested by Council |
Policy Implications |
Nil |
Budget Implications |
Nil |
Annexures |
|
File Number |
\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCILLORS - 2008-2012\ALLOWANCES and EXPENSES - 344473 |
THAT: 1. Council determine whether it wish to continue to receive the councillors’ attendances report. 2. The information be noted. |
Administration Manager's REPORT
At the September 2010 Council meeting the previous Council resolved, inter alia:
“THAT Council:
2. Receive a report in September each year providing a break-up of expenses provided under the headings of Councillor or staff member, type and amount of expense, facility or other in-kind benefit, etc for the previous financial year including Directors’ expenses.
5. Receive a report in relation to councillors’ attendances…”
In relation to the financial aspects of the above resolution an annexure is hereby provided.
In relation to point 5. the format for the report was determined to be by way of a table including attendances and representations only to delegated and associated Council meetings.
Attached is the previous financial year’s attendances sourced from submitted monthly councillors’ activities reports. A summary page indicates if monthly activities reports were provided. It is stressed that other than attendance at Council meetings the monthly reports submitted by councillors are the only source of information used for the report.
As the details of councillors’ attendances are listed in the Minutes from councillors’ monthly activities reports Council may consider this report unnecessary and can resolve to discontinue receiving same.
ITEM 25 - YEOVAL PUBLIC HOLIDAY
REPORT IN BRIEF
Reason For Report |
Consideration whether to apply for a declaration as a public holiday or local event day for the purpose of the Yeoval Show |
Policy Implications |
Nil |
Budget Implications |
Nil |
Annexures |
Nil |
File Number |
\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\EVENTS MANAGEMENT\YEOVAL ANNUAL SHOW - 345892 |
THAT Council consider submissions received prior to determining whether to lodge a formal application for the proclamation of 23 April 2013 as a public holiday or local event day for that portion of the township of Yeoval, which is in the Cabonne Council area on the occasion of the 2013 Yeoval Show. |
Administration Manager's REPORT
Advice has been received from the Minister for Finance and Services for the declaration of local public holidays and local event days under the Public Holidays Act 2010 (NSW).
Under the Public Holidays Act 2010 all local public holidays and local event days (including half days) must be declared by Order of the Minister and published on the legislation website. Consistent with past practice, it is proposed to have the Ministerial Orders declaring the 2013 local public holidays and local event days be published by the end of December 2012.
In determining whether to apply for a local public holiday, it is important that the Council be aware of the legislative changes that have occurred in the last several years that impact on businesses and communities located within designated public holiday areas.
Declaration of a Local Public Holiday Vs Local Event Day
Where a local public holiday is declared by the Minister a bank located in the designated holiday area will be required to close unless it holds an approval to open on the day under Part 3A of the Retail Trading Act 2008. Shops located within the designated holiday area are free to open without restriction.
The public holiday provisions contained in the National Employment Standards of the Fair Work Act 2009 (Cth) apply to local public holidays declared under the Public Holidays Act 2010. This means that all employees irrespective of their former entitlements and whose place of work is within a local public holiday area will be entitled to be absent from work on the day or half day that is the local public holiday or half holiday. In addition, employees who work on the day or part day may then have an entitlement to penalty rates under a relevant award where previously that entitlement may not have existed.
In considering an application to the Minister for a local public holiday or half day, Council is expected to consult with the affected community and other relevant stakeholders, as to the impact of a local public holiday or half holiday on businesses located within your local government area.
As part of that consultation, Council may consider the option of a local event day declaration instead of a public holiday or half day.
Relevance in Cabonne LGA
The only event in the Cabonne LGA relevant to this matter is the Yeoval Annual Show to be held Tuesday 23rd April 2013 for which application for proclamation as a Public holiday has been received.
Council at its November 2011 considered a report regarding a request for a public holiday to be declared in Yeoval for the purpose of the last Yeoval Show and resolved to lodge a formal application as a Local Event Day due to consideration of the impost on local businesses. However due to representations from parts of the Yeoval community that the day be declared as a public holiday, as has been tradition, so that all local school children, school staff and businesses can be involved in the annual Show Council at its March 2012 meeting resolved to apply for the proclamation of a public holiday on the occasion of the 2012 Yeoval Show.
This year Council sent a Media Release for inclusion in the local Yeoval newspaper and written to stakeholders requesting submissions closing on 17 September 2012.
A further report summarising submissions will be emailed as a late report by Friday 21 September 2012 for Council’s consideration on meeting day.
ITEM 26 - EVENTS AND SPECIAL PROJECTS FUNDING ASSISTANCE
REPORT IN BRIEF
Reason For Report |
For Council to consider 3 applications for funding under the 2012/2013 Tourism Plan. |
Policy Implications |
Nil |
Budget Implications |
Nil |
Annexures |
Nil |
File Number |
\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\EVENT ASSISTANCE PROGRAM 2012 - 2013 - 352977 |
THAT: 1. Council approve funding for the following projects under the Events Assistance Program:
a. Meet U in Molong Motorcycle Expo – approved funding of $1,000 and a further donation of an amount equivalent to $285 for DA lodgement fee. b. Australian Cider Awards – approved funding of $375, being Silver level sponsorship. 2. Council approve seed funding of $500 for the Eastern Heritage Wine and Food Trail brochure from the Shire Promotion budget |
Promotion and Tourism Officer's REPORT
TP Action: 1.4.2
Council has received three applications for funding assistance from the 2012/2013 Tourism Plan budget.
For your consideration, the applications are:
Application 1 |
Event Assistance Program
|
Organisation: |
Meet U in Molong Committee |
Event: |
2012 Meet U in Molong Motorcycle Expo and Safety Awareness Ride. |
Date: |
20 October 2012 |
Requested Amount: |
$2000 |
To be funded for: |
Regional marketing to assist in drawing visitors from other LGAs to Molong and other villages. Also to produce a loyalty passport to encourage patronage at local villages. |
Description of the event: |
This event aims to promote safe riding and motorcycle awareness in the Central West. It has been held previously, attracting 900 bikes in 2009. The day will include markets, show ‘n shine event, safety awareness displays and ride, entertainment and other attractions. |
Application 2 |
Event Assistance Program
|
Organisation: |
Cider Australia |
Event: |
2012 Australian Cider Awards |
Date: |
9 - 13 October 2012 |
Requested Amount: |
$375 |
To be funded for: |
Sponsorship |
Description of the event: |
This event includes a master class for judges in Sydney, the awards judging in Orange, and a producers forum and Cider Festival in Manly. This year’s Awards Night will be held in Sydney. |
Application 3 |
Tourism Promotion & Marketing
|
Organisation: |
Wineries of the Eastern area of Cabonne and Orange |
Project: |
The Eastern Heritage Trail brochure |
Date: |
2012/2013 |
Requested Amount: |
$1000 |
To be funded for: |
Production of a 12 panel DL flyer for promotional purposes. |
Description of the project: |
Local wineries are combining resources to produce a brochure to help encourage visitation throughout the Eastern area of Cabonne. The brochure will also include visitor information on the region’s local history, villages, shopping and dining options. Quote for printing of 2,000 copies is $3,063.00. |
Council allocates $40,000 annually for the administration of the Events Assistance Program. To date, $3000 in funding has already been allocated to various events for the 2012/13 financial year.
Assessment – Application 1
This event already has DA approval from Council’s Environmental Services Department. The organising committee have requested to be reimbursed for the DA lodgement fee of $285.
Other Molong community groups and businesses do stand to benefit through their involvement and the plan is to make this an annual event. As part of this plan it is also envisaged that Meet U in Molong will become self funding within two years.
Assessment – Application 2
Seed funding of $500 was provided to the inaugural Australian Cider Awards in 2011 as the event was held locally. This year’s event has grown in stature and participation. The Awards evening will be held in Sydney, with strong participation from Cabonne producers.
Orange City Council are also sponsors of this event.
Assessment – Application 3
The nine wineries involved in the Eastern Heritage Trail are Mayfield, Moodys, Sharpes, Angullong, Patina, Toogolah, Highland Heritage, Coffee Hill and Edgecombe. The brochure will encourage visitation throughout the historically significant regions of Byng, Lewis Ponds, Ophir, Lucknow, Millthorpe with images, stories and a map.
Council has previously provided $1,000 funding for the initial print run of the Borenore Trail brochure.
ITEM 27 - Macquarie River to Orange pipeline project - Environmental Assessment submission, August 2012
REPORT IN BRIEF
Reason For Report |
Seek Council's comment on the EA. |
Policy Implications |
Nil |
Budget Implications |
Nil |
Annexures |
Nil |
File Number |
\OFFICIAL RECORDS LIBRARY\WATER SUPPLY\LIAISON\ORANGE EMERGENCY MACQUARIE PIPELINE PROJECT - TASKFORCE - 357140 |
THAT Council: 1. Notes the report on the pipeline EA submission and 2. Seek to enter into a Memorandum of Understanding with Orange City council detailing conditions under which construction of the pipeline in the road reserve are to be undertaken and that those conditions should include but not be limited to i) Provision for traffic, ii) Restoration of road infrastructure caused by works (including vehicle movements) associated with the construction of the pipeline, iii) Implementation of an appropriate sedimentation plan and, iv) Implementation of an appropriate vegetation (noxious weeds) management plan. |
Director of Engineering and Technical Services' REPORT
NSW Planning and Infrastructure announced the Environmental Assessment for the proposed 37km pipeline to transfer water from the Macquarie River into the Orange Water Supply catchment at Suma Park Dam.
The NSW Department of Planning and Infrastructure is publicly exhibiting the environmental assessment from 29 August to 15 October 2012.
Comment on the environmental assessment is from a land holder’s viewpoint as sections of the proposed pipeline are located within road reserves which Cabonne Council is the road authority and therefore the landowner.
This report comments on the chapters in the EA that impact on Council land and infrastructure. The author is a member of the NSW Office of Water Taskforce – Orange Drought Emergency Water Project. The Taskforce meets monthly to review development of the project. Cabonne Council’s representative on the Taskforce provides a conduit for communicating matters relating to the proposed pipeline raised by Cabonne constituents to the Taskforce.
Project Overview (EA August 2012)
Ø The project involves the construction of 37 km, 375mm dia pipeline between the upper Macquarie River and Suma Park Dam.
Ø The pipeline will be underground for the majority of its length, above ground sections may be required where ground/terrain conditions dictate.
Ø Two booster pump stations with break tanks are proposed along the pipeline corridor.
Ø Power supply will require an upgrade of the existing poles and wires.
Ø Easements will be created over the pipeline on private land. Where the pipeline is located within a road reserve the road authority will be consulted with regards to location and construction conditions.
Ø On average the project will deliver 1,616 Ml/year from the river 135 days of the year with a maximum extraction rate of 12Ml/day (EA Aug. 2012).
Ø Conditions under which extraction will occur;
o Storage level in Suma Park Dam is less than 90%
o Flow in the Macquarie exceeds 38Ml/day
o Quality in the Macquarie River is acceptable for extraction purposes.
The submission of Environmental Assessment contains the following parts;
PART A INTRODUCTION |
||
Chapter |
1. |
Introduction |
Chapter |
2. |
Statutory Framework |
Chapter |
3. |
Location and Setting |
Chapter |
4. |
Stakeholder consultation |
PART B PROJECT DESCRIPTION |
||
Chapter |
5 |
Strategic context and need |
Chapter |
6. |
Project Description – Project component and operation |
Chapter |
7. |
Project Description – Construction |
Chapter |
8. |
Alternatives considered |
PART C |
|
ENVIRONMENTAL ASSESSMENT |
Chapter |
9. |
General environmental risk assessment |
Chapter |
10. |
Hydrology and water security |
Chapter |
11. |
Surface water quality, groundwater and geomorphology |
Chapter |
12. |
Terrestrial ecology |
Chapter |
13. |
Aquatic ecology |
Chapter |
14. |
Air quality |
Chapter |
15. |
Noise and Vibration |
Chapter |
16. |
Land-use |
Chapter |
17. |
Aboriginal heritage |
Chapter |
18. |
Historic heritage |
Chapter |
19. |
Landscape character and visual amenity |
Chapter |
20. |
Contamination and soils |
Chapter |
21. |
Traffic and Transport |
Chapter |
22. |
Infrastructure impacts |
Chapter |
23. |
Spoil handling and waste management |
Chapter |
24. |
Socio-economic impacts |
Chapter |
25. |
Commonwealth requirements under the EPBC Act |
PART D |
|
PROJECT JUSTIFICATION AND CONCLUSIONS |
Chapter |
26. |
Environmental management and monitoring |
Chapter |
27. |
Draft statement of commitments |
Chapter |
28. |
Justification and conclusions |
References Table Index. |
The following schedule includes extracts from the EA relevant to Council’s road reserve and infrastructure. Readers are advised the EA document contains additional information in chapters not included in the schedule that covers other environmental, social and economic considerations. Those matters have not been included in this report as they do not have a direct impact on the road or road reserve.
CHAPTER 1 - Introduction
Document text extract |
Authors Comment |
1.3 Location of the project The majority of the pipeline would be located along or adjacent to road reserves, including Ophir Road and Long Point Road. In some areas the pipeline would need to cross private land. It is proposed that the majority of the pipeline would be underground and it would therefore not impact on ongoing farming or other land uses. The proposed offtake structure would be located on the south side of the Macquarie River immediately upstream of the confluence with Boshes Creek. The water carried along the pipeline would discharge into the Suma Park Reservoir at Orange via the discharge structure, located approximately 10 m east of the existing saddle dam (at the north-west corner of the dam wall). The project would be located in both the Orange and Cabonne local government areas. The offtake structure and approximately 31 km of pipeline would be located in the Cabonne local government area. The remaining 6 km of pipeline and the discharge structure would be located in the Orange local government area (see Figure 1.2). |
Roads within the Cabonne LGA where the proposed pipeline is located in the road reserve includes; · Long Point Road · Oaky Lane · Lookout Road · Ophir Road
|
1.6 Overview of the approval requirements and the environmental assessment On 13 January 2011 the (then) Minister for Planning declared the project to be a project to which Part 3A of the EP&A Act applies (refer correspondence in Appendix A). The Minister for Planning and Infrastructure is the approval authority for the project and an environmental assessment (this document) is required to support the application for approval in accordance with the requirements of the EP&A Act. The assessment process under Part 3A of the EP&A Act applied to development with State significance and/or the potential for a significant environmental impact. Development could be declared as a project to which Part 3A applied in certain circumstances, one of which was where the development was ‘major infrastructure’ that, in the opinion of the Minister, was of ‘State or regional environmental planning significance’. Although Part 3A of the EP&A Act was repealed on 1 October 2011, under the transitional arrangements it continues to apply to certain projects where the project application process commenced prior to the repeal. Further information on the approval and assessment requirements for the project is provided in chapter 2. |
For information only. |
2.2.3 Land owner’s consent Clause 8F of the Environmental Planning and Assessment Regulation 2000 (the Regulation) provides owner’s consent or notification requirements for transitional Part 3A projects. Clause 8F(1) specifies that: (1) The consent of the owner of land on which a project is to be carried out is required for a project application or modification application unless: (a) the application is made by a public authority, or … (d) the application relates to a linear infrastructure project … A linear infrastructure project is defined by this clause as ‘development for the purposes of linear transport or public utility infrastructure.’ As the application for the project is being made by a public authority and is for linear infrastructure, the consent of individual land owners will not be required to make the application. However, a proponent needs to give notice of the application in accordance with the requirements of this clause. In particular: (3) If the consent of the owner of the land is not required for a project application under this clause, then the proponent is required to give notice of the application: (a) in the case of a linear infrastructure project or a project designated under subclause (1) (e)—to the public by advertisement published in a newspaper circulating in the area of the project before the start of the public consultation period for the project, or … (d) in any other case—to the owner of the land at any time before the application is made. Council will provide notice of the application in accordance |
For information only |
2.3 Permissibility of the project under relevant environmental planning instruments Cabonne Local Environmental Plan 1991 The project would be located on land zoned 1(a) General Rural and 1(c) Rural small holdings under the LEP. Under clause 6, the LEP adopts the model provisions (except for a few clauses) as specified by the Environmental Planning and Assessment Model Provisions 1980. Clause 35 of the model provisions specifies that: Nothing in the local environmental plan shall be construed as restricting or prohibiting or enabling the consent authority to restrict or prohibit: (a) the carrying out of development of any description specified in Schedule 1, Schedule 1 includes: 2 The carrying out by persons carrying on public utility undertakings, being water, sewerage, drainage, electricity or gas undertakings, of any of the following development, being development required for the purpose of their undertakings, that is to say: (a) development of any description at or below the surface of the ground, … (d) the provision of overhead service lines in pursuance of any statutory power to provide a supply of electricity, As the project is a public utility undertaking which meets the above definition, it is permissible without consent under the LEP. Draft Cabonne Local Environmental Plan 2012 The draft Cabonne LEP was placed on public exhibition on Monday 21 May to Friday 22 June 2012. According to the draft LEP, the project would be located on land zoned RUI Primary Production and R5 Large Lot Residential. In accordance with the provisions for these zones, water supply systems are permitted with consent. The Infrastructure SEPP would override the consent requirements of the LEP (refer section 2.3.2). |
The Infrastructure SEPP over rules local planning laws. EA is correct in stating the water supply project meets the state criteria and therefore local development consent does not apply to the pipeline proposal
|
Roads Act 1993 Under Section 138, Part 9, Division 3 of the Roads Act 1993, a person must not impact or carry out work on or over a public road otherwise than with the consent of the appropriate roads authority. Sections of the project would be constructed within a number of public road reserves under the control of Orange and Cabonne Councils. Council would seek the necessary approvals under the Act. It is noted that under section 75V(1) of the EP&A Act, a permit under section 138 of the Roads Act cannot be refused if necessary for the carrying out of an approved project |
The Director of Engineering and Technical Services has provided Orange City with conditions for locating the pipeline in the road reserve. |
|
|
Table 3.2 Land ownership Chainage (m) Lot DP Ownership Property description
The schedule below provides locations where the pipeline is located within the road reserve (extract from table 3.2) |
|
3970- 3990 Public Unsealed road (Crown land) 4145 - 4151 Public Long Point Road (Crown land) 5629 - 9676 Public Long Point Road 15908 -15932 Public Oaky Lane 16284 - 16305 Public Oaky Lane 17630 - 17660 Public Lookout Road 19462 - 19488 Public Ophir Road 23421 - 23714 Public Ophir Road 26817 - 27470 Public Ophir Road 27900 - 27929 Public Spring Glen Road 29015 - 29042 Public Winter Lane 30065 - 31402 Public Ophir Road
|
Note: Significant lengths of Long Point Road (physical asset) is not located within the actual road reserve and traverse private property. Council has discussed the idea of creating a road reserve over the road with the landowner and OCC. However there has not been any agreement made.
Sum of the sections of Council’s road length as described in Table 3.2 = 6.029 kms. |
4.2 Consultation during project development Project taskforce The NSW Government (the Office of Water) established a taskforce to review and oversee the development and implementation of the project (if approved). The taskforce is comprised of representatives of relevant government agencies including: Department of Premier and Cabinet (Chair) Office of Environment and Heritage Department of Primary Industries (including NSW Office of Water, NSW Fisheries and Forests NSW) Division of Crown Lands Department of Planning and Infrastructure Cabonne Council Orange City Council. Commonwealth Department of Sustainability, Environment, Water, Population and Communities The taskforce has met monthly in Orange since December 2010. Orange City Council officers provide progress reports to the taskforce each month. |
For information only. |
Chapter 5. Strategic context and need 5.2 Strategic water and land use planning context for the Project The context for local government water planning is influenced by a wide range of strategic planning that has been undertaken at the national, state and regional levels. Key plans are briefly described below, and include: National water plans (section 5.2.1) Regional water plans (section 5.2.2) Sub-regional/local strategic land use/urban growth planning (section 5.2.3) Sub-regional/local water planning (section 5.2.4). In the context of the above, key project specific plans are described in section 5.2.5. 5.2.2 Regional water planning and other related studies The Central NSW Regional Organisation of Councils (Centroc) undertook a Water Security Study to investigate and recommend solutions to improve water security across 17 local government areas (MWH, 2009). The study identified that 29 towns were at risk, and required substantial water security improvements. Orange was one of these towns identified as being at risk. It was determined that an integrated program of water conservation and demand management measures, coupled with new and upgraded water supply and storage infrastructure was required. The recommended regional town water security strategy centred on augmenting Lake Rowlands with various other infrastructure to provide strategic regional connections. The study also recommended contingency actions for emergency situations, which included a water pipeline connection between Orange and the Macquarie River. Orange City Council investigated the proposed recommendations of this study and progressed development of the water supply augmentation options through various project specific studies (refer section 5.2.5 and chapter 8). 5.2.5 Project-specific studies and reports Orange Emergency Water Supply Further Feasibility Assessment, 2010 In October 2009, Orange had less than two years water supply available and the city was on level 5 water restrictions. To provide water security to the city, as part of an overall strategy to diversify the city’s water sources, Council commissioned a feasibility study into the possibility of connecting the city via a pipeline to one of two water sources: either Lake Rowlands or the Macquarie River (MWH, 2010). In the feasibility study, several potential pipe corridors to Orange were investigated. Two of these were from Lake Rowlands and seven from the Macquarie River. The study concluded that the most feasible solution was to bring water to Orange from the Macquarie River via one of two broad potential pipeline corridors. The report found that in order to recommend a preferred corridor, additional engineering and environmental investigations were required. Regional water sources – these options typically involving transfers from other catchments (outside the Macquarie River catchment): – Lake Rowlands – augment the existing reservoir to supply water to a number of towns including Orange. This option was considered previously by Centroc and was shortlisted. – Molong Creek Dam – the dam’s existing yield is already fully committed and |
The CENTROC Water Security Study 2009 included the augmentation of Lake Rowlands as a regional water initiative for further investigation and development. The same study included the Macquarie pipeline to Orange as an interim measure for Orange water security.
Secure yield studies undertaken for the Upper Macquarie catchment as part of the feasibility study for the Macquarie Pipeline realised a greater yield factor than initially used and effectively lengthened the “life” for the project.
At the same time the yield factors used in the CENTROC study came under scrutiny and may change (reduce) the secure yield for Lake Rowlands.
The outcome of the Lake Rowlands water catchment review may have an impact on the Regional water security plan and Cabonne. |
Chapter 6. Project description – project components and operation 6.2 Description of project infrastructure 6.2.1 Offtake structure and pumping station The offtake structure would be formed by cutting into the bank of the river. The arrangement of the offtake structure would consist of a precast concrete structure or structural steel trash rack enclosure surrounded by rock armouring. The site for the offtake structure and associated pumping stations, comprising the structure and adjacent hardstand areas, would occupy an area of approximately 5,000 m2. The modules that would comprise the offtake structure are described below. Intake module The intake would draw in raw water from the river at a design flowrate of 177 litres per second. Up to 12 ML/day (on average) would be extracted through the intake module over an average period of 19 hours per day (refer section 6.3 for more information on the proposed operating rules). Filter module The filter module would incorporate: trash screens to remove large floating objects from the intake water fine screens (2 mm) to prevent the uptake of and/or fouling by smaller objects, including identified threatened species. Pumping station It is proposed that the pumping station would consist of two rectangular brick masonry structures located at the top of the river bank. A single-storey building (approximately 3 by 4 m in size, and 3.5 m high) would house the pump motors and motor/compressors. The building would consist of two inclined shafts, approximately 0.6 m in diameter, located approximately 20 m from the intake structure. The shafts, into which pumps would be inserted, would be approximately 5 m below the invert level of the river. A pipeline would connect the shafts to the offtake structure. Pump motors would be located above the 100 year average recurrence interval flood level (at relative height 373 m). It is also proposed that a separate motor control structure (approximately 6 m in length by 3 m wide) would be located above the 1 in 100 year average recurrence interval flood level. This would house the electrical switchgear. Easement The final easement would be confirmed during detailed design. It is likely that the final easement would be, on average, 6 to 10 m wide. However, the easement may need to be wider in some areas, depending on the location, local conditions, and the presence of other infrastructure. The maximum width of the Macquarie River to Orange pipeline project Page | 6.11 Part B Project description chapters pipeline easement would be 20 m. The easement for the proposed new sections of power line (see section 6.2.5) would be 20 m wide. During operation, usage restrictions would apply to private land within the easement. Restrictions may include: Approval would need to be sought from Council erect a new structure, or change an existing building, structure, pipeline, road, fence, driveway or paving within the easement. Approval would need to be sought from Council to plant trees or excavate greater than 0.3 m below existing ground level within the easement. These restrictions would be included in the easement agreement entered into between Council and landowners. Acquisition and compensation payable would be in accordance with the Land Acquisition (Just Terms Compensation) Act 1991. 6.2.3 Booster pumping stations Two booster pumping stations would be required to ensure efficient transfer of water through the pipeline. They would be located at approximate chainages 5000 (pumping station 2) and 16750 (pumping station 3). Outside each pumping station it is likely that an aboveground surge vessel to control pipeline surge, a pad-mounted power transformer and an access road and small parking area would be required. Each station would occupy a site of approximately 5,600 m2,which would be fenced for public safety. Both pumping stations would include an above ground break tank large enough to balance the operational flows in the pipeline, and permit the capture of upstream pipeline water during maintenance. The break tanks would be constructed of structural steel and fitted with a vermin-proof roof. They would be approximately 6.5 m in diameter and approximately 3 m high. The visibility of the tanks could be reduced by installing part of the tank beneath the ground, earth mounding and screening with trees. The buildings at each pumping station would be rectangular, single storey structures, fabricated from either tilt-up concrete, moulded concrete, block work or brick work, and would be fitted with a structural steel or concrete roof. At pumping station 2, a pump and motor building approximately 12 m long by 4 m wide and 3.5 m high is proposed. Additionally, a motor control centre building approximately 3 by 6 m in size would be required. At pumping station 3, a single building comprising pump, motor and motor control equipment (approximately 11 by 7 m in size) is proposed. There would be no chemical storage at the pump stations or at any other locations along the pipeline. |
Offtake The offtake location on the Macquarie River is on private property and has been the subject of lengthy negotiation with the landowner.
Booster Pumping Stations The number of booster pumping stations has been reduced to two following noise and amenity issues raised by residents along the pipeline.
The booster pumps are located on easements adjacent to Long Point Road and Oaky Lane.
The break tanks located at each booster pump station are for maintenance and operational purposes. RFS have indicated that these tanks will not provide any significant fire fighting asset. |
Refurbishment of existing infrastructure The project would also involve upgrading the existing overhead power lines that supply Ophir Road, Oaky Lane and Long Point Road. The proposed refurbishment would commence at 1173 Ophir Road (chainage 27400) to Long Point Road (chainage 4100). The refurbishment would involve replacing the majority of power poles and the power line, as well as the insulators, cross-arms and conductors. A voltage regulator would need to be installed to control the voltage levels along the power line. It is proposed that this would be installed on the public road reserve adjacent to the boundary fence of 1173 Ophir Rd (at chainage 27400). A second voltage regulator would also be required at the intersection of Lookout Road and Ophir Road (chainage 18700). This would involve the conversion of a small single phase regulator up to a new three-phase site. Cabonne Shire Council and adjacent landowners would be consulted regarding these locations. The existing single phase overhead power line from Bag End (chainage 23500) heading north would need to be replaced, including replacing insulators, cross-arms, conductors and a large percentage of power poles over a distance of approximately 19 km. All refurbishment works would be undertaken within the existing power line easement. New and replacement poles would be standard timber treated poles. It is estimated that a total of 89 power poles would need to be replaced. |
Power supply up-grade The up-grade to 3 phase power on this line will provide a benefit to customers on the line. |
Chapter 7. Project description – Construction 7.2 Construction methodology 7.2.2 Pipeline Construction corridor A construction access corridor up to a maximum of 20 m wide would be required along the pipeline route to allow for trench excavation; equipment storage and movement of construction vehicles along the corridor; storage of topsoil, backfill and spoil; and access. Clearing and grading would be minimised where practicable to the extent necessary for construction of the pipeline and would not exceed the 20 m wide corridor. The area that would be directly impacted by construction activities would range in width from 6 to 20 m, depending on a range of factors such as presence of significant vegetation, constructability, construction management and safety considerations, land form, slopes and anticipated sub-soil structures. Direct impacts would be reduced as far as practicable with narrower clearances (6 to 10 m) used where feasible. The final clearance zone (within the construction corridor) would be confirmed during detailed design. The only exception to this would be in the vicinity of the river offtake where a wider clearing zone of 60 m is proposed to allow access (via the proposed access road switchback) through steep grades (from chainage 00 to 400). 7.3 Crossings and utility adjustments 7.3.1 Watercourse crossings During construction, a number of creeks and drainage lines would be crossed (as shown in Figure 7.2), including Summer Hill Creek at first, second, third and fourth crossings; El Dorado Gully; Kittys Creek; Oaky Creek; and unnamed drainage lines adjacent to Bulgas Road and north of Kennett Place. Possible crossing methods would involve either open trenching or trenchless techniques (for example, horizontal directional drilling). The crossing methods would be confirmed during detailed design and would depend on several factors: type and or strength of the creek bed material volume of flow in the creek steepness of the ground on either side of the crossing whether a scour valve would be required in close proximity to the crossing environmental issues. Potential crossing techniques are outlined below. Open trenching This would involve damming or diverting the watercourse using coffer dams in the form of water filled temporary bladders. The dam would be sized to provide sufficient watercourse storage to allow the trench to be excavated, the pipeline to be laid and the protective concrete encasement to be placed. If the flow rate and gradient of the creek is such that insufficient storage volume is available, a bypass pumping system around the dam may be established. A typical coffer dam arrangement using a water filled bladder is shown in Figure 7.3. Typical equipment used would include: a water-filled bladder (Figure 7.3) or alternatively sand bags or sheet piles may be used as the temporary coffer dam a diesel pump and temporary pipework a small onsite concrete mixer or if the site is close to Orange, concrete trucks would supply concrete directly from a batching plant in Orange concrete vibrators powered by small mobile petrol or diesel generators hand held machinery such as drills and grinders powered by small mobile petrol or diesel generators an excavator for excavation of the trench across the river and equipment lifting. A typical crossing using this method would take approximately two to four days. 7.3.2 Road crossings The number and location of road crossings would be confirmed during detailed design. Indicative road crossings may include: Long Point Road Oaky Lane Lookout Road Ophir Road Spring Glen Road Winter Lane Banjo Patterson Way Bulgas Road. Long Point Road and Ophir Road may need to be crossed a number of times. It is likely that road crossings would be undertaken using open trenching techniques. Traffic movements in a single lane would be maintained in accordance with traffic management and traffic control plans. Road crossings would be undertaken in consultation with the relevant road owner and the road would be reinstated in accordance with the requirements of the road owner. Further information on traffic and infrastructure impacts are provided in chapters 21 and 22. |
Construction within the road reserve will be in accordance with Cabonne Council’s standard conditions for development.
Orange City Council will be required to meet the Office of Heritage and Environment (Fisheries) requirements for each crossing.
Traffic management, road openings and restoration will be specified by Cabonne Council as the road authority. |
7.5 Construction timing, staging and workforce 7.5.1 Timing and staging Subject to receipt of planning approvals, it is anticipated that the project construction would commence in the first half of 2013. It is intended that the entire project would be constructed in a single stage over approximately 18 months. 7.6 Construction access 7.6.2 Haul routes Construction traffic would largely be confined to the following roads: Long Point Road Oaky Lane Ophir Road Burrendong Way. The likely main haul routes are shown on Figure 7.5. Information on potential traffic generation and impacts is provided in chapter 21. 7.6.3 Transport and storage of dangerous goods The transport and storage of dangerous goods would be in accordance with relevant Australian Standards and legislative requirements. It is anticipated that the majority of diesel plant and machinery would be refuelled onsite by a refuelling truck. Some diesel may be stored at the offtake site given the difficulty of accessing this site. |
Damage to Cabonne Council’s road infrastructure during the construction phase is a concern as sections of the route are gravel surface and dry weather only roads. Conditions will need to be provided in an agreement with OCC for the maintenance of these roads during the construction phase. |
7.8 Construction management and rehabilitation 7.8.1 Construction management Construction would be managed in accordance with relevant guidelines and standards, including those listed below. Erosion and sediment control Erosion and sediment control prevention measures would be implemented as part of all project construction activities. Significant effort and attention would be given to preventing soil erosion and sedimentation of surface water runoff, both as part of land based construction, and during construction involving watercourse crossings or impacts to waterbodies (Macquarie River and Suma Park Reservoir) Standard controls to prevent erosion and sedimentation would be implemented for each construction activity. The practices and controls would be based on the practices described in the following guidelines: ‘Managing Stormwater: Urban Soils and Construction Vol 1’ (Landcom, 2004) ‘Managing Stormwater: Urban Soils and Construction Vol 2A Installation of Services’ (DECC, 2008b) ‘Managing Stormwater: Urban Soils and Construction Vol 2C Unsealed Roads’ (DECC, 2008c) the ‘Code of Environmental Practice Onshore Pipelines’ (Australian Pipeline Industry Association, 2009) Office of Water guidelines for controlled activities All erosion and sediment control measures, which would form part of the detailed design for the project, would be designed, implemented and maintained in accordance with the above guidelines. The guiding principles for effective soil and water management that would be adopted during project construction and post construction periods include: Prioritise prevention of erosion rather than controlling sediment and capturing sediment laden stormwater. Phasing and conducting work to minimise the area of soil disturbance and vegetation removal. Development of individual property, construction and rehabilitation management plans that include strategies for weed management, soil erosion, bio-security, revegetation for short and long term restorations. These plans would be developed in consultation with the landowner. Managing topsoil so that it is excavated and temporarily stockpiled separately from sub soils and reused on site during rehabilitation. Agreeing on the rehabilitation outcomes with the landowner prior to commencement of construction. Indicative erosion control measures are included in the conceptual plans provided in Appendix C. In-stream works (watercourse crossings) In addition to the above, the design and construction of in-stream works would be consistent with: ‘Guidelines for controlled activities In-stream works’ (NSW Department of Water and Energy, 2008). ‘Guidelines for controlled activities Laying pipes and cables in watercourses’ (NSW Department of Water and Energy, 2008). Naturally occurring asbestos Construction work in areas of naturally occurring asbestos would be undertaken in consultation with NSW WorkCover and consistent with: ‘Naturally Occurring Asbestos Planning Procedures Orange City Council’ (Noel Arnold and Associates, 2006) ‘How to Manage and Control Asbestos in the Workplace Code of Practice’ (Safe Work Australia, 2011) ‘How to Safely Remove Asbestos – Code of Practice’ (Safe Work Australia, 2011) the management plan for naturally occurring asbestos (refer chapter 26). |
For information only. |
Chapter 12. Terrestrial ecology Table 12.14 General measures to manage potential ecology impacts during construction and operation Category Management measures Vegetation and fauna habitat removal General site induction to include biodiversity issues. Hollow bearing (or habitat) trees on margins of, or adjacent to, the construction area would be individually marked for retention. Those to be removed from within the construction zone would be marked for fauna clearance inspections by a qualified ecologist during felling operations (as part of tree removal protocol), with salvage of hollow sections or other features where possible. Trees to be retained within and beyond the construction access corridor would be identified or protected by temporary fencing or webbing. A two-stage vegetation clearance procedure would be implemented in which habitat trees would be cleared 24 to 48 hours after the surrounding vegetation has been cleared (to prompt resident fauna to vacate the habitat trees). Removal of habitat trees would be done under the supervision of an ecologist trained in fauna capture and relocation. Vegetation clearing and habitat loss Collection and broadcast of native grass seed in areas to be disturbed where native grasses dominate the groundcover stratum. Redistribution of stockpiled surface rock within the study area under the guidance of a qualified ecologist. Soils would be replaced in their natural order during backfilling. Edge effects Minimising disturbance to habitat adjacent to the construction area (e.g. the use of visible temporary fencing). No stockpiling of materials on adjacent vegetation. Adjacent vegetation should be designated as an 'environmentally sensitive area', and fenced off. Using locally indigenous (local provenance) species for revegetation works. Weed management Excavated spoil would be located on cleared flat ground and/or within areas of exotic pasture grass. Stockpiling sites would avoid stands of native vegetation and native grassland. Use of weed-free topsoil in landscaping and revegetation of disturbed sites with locally indigenous species (of local provenance). Revegetation using stockpiled soil would also include planting local native species to stabilise the soil as well as ongoing weed control. Use of weed-free topsoil in landscaping. |
Management of noxious weeds during all phases of this project; · Investigation · Construction and · Operation has been a high priority for landholders on the pipeline route.
Strategies and procedures have been developed to mitigate the risk associated with access onto and off properties |
Conclusion
The sections of the proposed pipeline located within the road reserve have a direct impact on Cabonne Council’s road infrastructure access during the construction phase. Although the Infrastructure SEPP provides OCC with provision for the construction of the pipeline and there is a requirement for OCC to obtain Cabonne Council’s conditions for construction works in the road reserve, it would be appropriate for Cabonne Council and OCC to enter into a memorandum of understanding that sets out those provisions.
ITEM 28 - BUSINESS PAPER ITEMS FOR NOTING
REPORT IN BRIEF
Reason For Report |
Provides an opportunity for Councillors to call items for noting for discussion and recommends remainder to be noted. |
Policy Implications |
Nil |
Budget Implications |
Nil |
Annexures |
Nil |
File Number |
\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 357431 |
THAT: 1. Councillors call any items they wish to further consider. 2. The balance of the items be noted. |
General Manager's REPORT
In the second part of Council’s Business Paper are items included for Council’s information.
In accordance with Council’s format for its Business Paper, Councillors wishing to discuss any item are requested to call that item.
ITEM 29 - QUESTIONS FOR NEXT MEETING
REPORT IN BRIEF
Reason For Report |
To provide Councillors with an opportunity to ask questions/raise matters which can be provided/addressed at the next Council meeting |
Policy Implications |
Consistent with Council's Meeting Practice Poilcy |
Budget Implications |
Nil |
Annexures |
Nil |
File Number |
\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\NOTICES - MEETINGS - 357542 |
THAT Council receive a report at the next Council meeting in relation to questions asked / matters raised where necessary.
|
Administration Manager's REPORT
A call for questions for which an answer is to be provided if possible or a report submitted to the next Council meeting.
Item 0 Ordinary Meeting 24 September 2012 |
Item 0 - Annexure 1 |
Cabonne Council – Terms of Reference – Standing Committees
AUDIT COMMITTEE
Objectives: To consider matters referred from time to time by Council or matters considered to be of urgent nature by the Committee, Chairperson, Mayor, General Manager and Director of Finance & Corporate Services.
Responsibilities: To make recommendations to Council on any matters referred to it by Council, matters considered to be of an urgent nature as defined above and relating to the following areas of responsibility:
· Financial (including budgetary)
· Investments
· Current assets
· Input into the Delivery Program and Operational Plans in relation to the responsibilities listed above.
· Other matters that may be from time to time referred by Council.
Terms of Reference:
1. To consider reports, advice and recommendations of Management, together with relevant information from third parties and to make recommendations to Council on matters placed before the Committee ensuring the recommendations are within the limits of available resources and subject to the powers vested under the Statutes, Regulations and Council’s own policies.
2. To recommend to Council the need for the formulation of or amendment to policies in relation to matters before the Committee.
COMMUNITY SERVICES
Objectives: To consider matters referred from time to time by Council or matters considered to be of urgent nature by the Committee, Chairperson, Mayor, General Manager, Director of Finance & Corporate Services and Community Services Manager.
Responsibilities: To make recommendations to Council on any matters referred to it by Council, matters considered to be of an urgent nature as defined above and relating to the following areas of responsibility:
· Health & medical services to the community
· Community housing
· Home & Community Care services
· Family Day Care services
· Community Transport services
· Access & Equity
· Input into the Delivery Program and Operational Plans in relation to the responsibilities listed above.
· Other matters that may be from time to time referred by Council.
Terms of Reference:
1. To consider reports, advice and recommendations of Management, together with relevant information from third parties and to make recommendations to Council on matters placed before the Committee ensuring the recommendations are within the limits of available resources and subject to the powers vested under the Statutes, Regulations and Council’s own policies.
2. To recommend to Council the need for the formulation of or amendment to policies in relation to matters before the Committee.
ENVIRONMENTAL SERVICES & SUSTAINABILITY
Objectives: To consider planning, health and building, and environmental matters.
Responsibilities:
1. Pursuant to the powers conferred on Council by s377 of the Local Government Act 1993, this Committee is authorised to exercise or perform on behalf of the Council the powers, authorities, duties and functions as follows:
a) Assess and determine development applications for approval conditionally or unconditionally under the Environmental Planning and Assessment Act 1979 (as amended) following consideration of a report submitted by Council’s Environmental Services staff.
b) Determine the preparation and making of draft Local Environmental Plans or Development Control Plans.
c) Determine applications for Designated Development.
2. To make recommendations to Council on any matters other then the above referred to it by Council, matters considered to be of an urgent nature as defined above and relating to the following areas of responsibility:
· Refused Development applications
· Cemeteries
· Environmental Health
· Waste Management services
· Animal Control
· Input into the Delivery Program and Operational Plans in relation to the responsibilities listed above.
· Other matters that may be from time to time referred by Council.
Terms of Reference:
1. To consider reports, advice and recommendations of staff, together with relevant information from third parties and to make determinations based on same in accord with its responsibilities; and make recommendations to Council on other matters placed before the Committee ensuring the recommendations are within the limits of available resources and subject to the powers vested under the Statutes, Regulations and Council’s own policies.
2. To recommend to Council the need for the formulation of or amendment to policies in relation to matters before the Committee.
ECONOMIC DEVELOPMENT & TOURISM COMMITTEE
Objectives: To consider matters referred from time to time by Council or matters considered to be of urgent nature by the Committee, Chairperson, Mayor, General Manager, Director of Finance & Corporate Services, Economic Development Manager, and Promotion Tourism Officer.
Responsibilities: To make recommendations to Council on any matters referred to it by Council, matters considered to be of an urgent nature as defined above and relating to the following areas of responsibility:
· Encourage, facilitate and support the economic viability of the Cabonne region
· Land development
· Promotion and support of tourism development
· Input into the Delivery Program and Operational Plans in relation to the responsibilities listed above.
· Other matters that may be from time to time referred by Council.
Terms of Reference:
1. To consider reports, advice and recommendations of Management, together with relevant information from third parties and to make recommendations to Council on matters placed before the Committee ensuring the recommendations are within the limits of available resources and subject to the powers vested under the Statutes, Regulations and Council’s own policies.
2. To recommend to Council the need for the formulation of or amendment to policies in relation to matters before the Committee.
QUARRY REVIEW
Objectives: To consider matters referred from time to time by Council or matters considered to be of urgent nature by the Committee, Chairperson, Mayor, General Manager and Director of Engineering & Technical Services.
Responsibilities: To make recommendations to Council on any matters referred to it by Council, matters considered to be of an urgent nature as defined above and relating to the following areas of responsibility:
· Molong Limestone Quarry
· Input into the Delivery Program and Operational Plans in relation to the responsibilities listed above.
· Other matters that may be from time to time referred by Council.
Terms of Reference:
1 To consider reports, advice and recommendations of Management, together with relevant information from third parties and to make recommendations to Council on matters placed before the Committee ensuring the recommendations are within the limits of available resources and subject to the powers vested under the Statutes, Regulations and Council’s own policies.
2 To recommend to Council the need for the formulation of or amendment to policies in relation to matters before the Committee.
RATE REVIEW COMMITTEE
Objectives: To consider matters referred from time to time by Council or matters considered to be of urgent nature by the Committee, Chairperson, Mayor, General Manager and Director of Finance & Corporate Services.
Responsibilities: To make recommendations to Council on any matters referred to it by Council, matters considered to be of an urgent nature as defined above and relating to the following areas of responsibility:
· General Purpose Revenue
· Input into the Delivery Program and Operational Plans in relation to the responsibilities listed above.
· Other matters that may be from time to time referred by Council.
Terms of Reference:
1. To consider reports, advice and recommendations of Management, together with relevant information from third parties and to make recommendations to Council on matters placed before the Committee ensuring the recommendations are within the limits of available resources and subject to the powers vested under the Statutes, Regulations and Council’s own policies.
2. To recommend to Council the need for the formulation of or amendment to policies in relation to matters before the Committee.
WORKS COMMITTEE
Objectives: To consider matters referred from time to time by Council or matters considered to be of urgent nature by the Committee, Chairperson, Mayor, General Manager and Director of Engineering & Technical Services.
Responsibilities: To make recommendations to Council on any matters referred to it by Council, matters considered to be of an urgent nature as defined above and relating to the following areas of responsibility:
· The development and monitoring of all works programs
· Assets management of Council’s civil infrastructure
· Water supply services
· Sewerage services
· Mechanical asset management
· Town & village enhancement
· Road safety
· Noxious Weed control
· Input into the Delivery Program and Operational Plans in relation to the responsibilities listed above.
· Other matters that may be from time to time referred by Council.
Terms of Reference:
1. To consider reports, advice and recommendations of Management, together with relevant information from third parties and to make recommendations to Council on matters placed before the Committee ensuring the recommendations are within the limits of available resources and subject to the powers vested under the Statutes, Regulations and Council’s own policies.
2. To recommend to Council the need for the formulation of or amendment to policies in relation to matters before the Committee.
Item 0 - Annexure 1 |
2012 DRAFT AUSTRALIA DAY AWARDS COMMITTEE
Objectives: To consider nominations for Australia Day awards and recommend winners to Council.
Responsibilities:
1. Pursuant to the powers conferred on Council by s377 of the Local Government Act 1993, this Committee is authorised to exercise or perform on behalf of the Council the powers, authorities, duties and functions as follows:
a) Assess and determine nominations for Citizen, Young Citizen and Community Group of the Year.
b) In the absence of Community nominations for a particular locality or category, individual councillors may nominate suitable candidates for same allowing assessment and determination by the Committee.
c) Assess and determine the Cabonne Youth Ambassador of the Year.
Terms of Reference:
1. To consider reports, advice and recommendations of staff, together with nominations from third parties for the listed awards and to make determinations based on same in accord with its responsibilities; and make recommendations to Council ensuring the recommendations are within the limits of available resources and subject to the powers vested under the Statutes, Regulations and Council’s own policies.
2. To recommend to Council the need for the formulation of or amendment to policies in relation to matters before the Committee.
GENERAL MANAGER’S REPORT ON MATTERS FOR NOTATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Monday 24 September, 2012
Page 1
TABLE OF CONTENTS
ITEM 1 INVESTMENTS & RATES SUMMARIES.......................................... 1
ITEM 2 Resolutions Register - InfoCouncil - Outstanding Actions 1
ITEM 3 DEVELOPMENT APPLICATIONS RECEIVED DURING THE PRECEDING MONTH................................................................................................................... 2
ITEM 4 DEVELOPMENT APPLICATIONS APPROVED DURING THE PRECEDING MONTH.................................................................................................... 3
ITEM 5 BURIAL STATISTICS........................................................................... 5
ANNEXURE ITEMS
ANNEXURE 1.1 Schedule of Investments as at 31 August 2012 6
ANNEXURE 2.1 Council................................................................................... 7
ANNEXURE 2.2 Community Services..................................................... 40
ANNEXURE 2.3 ED and T................................................................................ 43
ANNEXURE 2.4 Environmental Services.......................................... 46
ANNEXURE 2.5 Land Development........................................................ 48
ANNEXURE 2.6 Rates..................................................................................... 50
ANNEXURE 2.7 Works Resolution Register.................................. 51
ITEM 1 - INVESTMENTS & RATES SUMMARIES
REPORT IN BRIEF
Reason For Report |
Information provided in relation to investment and rates |
Policy Implications |
Nil |
Budget Implications |
Nil |
Annexures |
|
File Number |
\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING - 357046 |
Director of Finance and Corporate Services' REPORT
Statement of Investments.
Investments to 31 August 2012 is attached for Council’s information.
Rate Collection Summary.
Rate summary has been delayed due to the introduction of the new IT system.
ITEM 2 - Resolutions Register - InfoCouncil - Outstanding Actions
REPORT IN BRIEF
Reason For Report |
To provide Council with a report of outstanding actions resulting from May 2009 to last month's Council and Committee meetings. |
Policy Implications |
Nil |
Budget Implications |
Nil |
Annexures |
|
File Number |
\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\RESOLUTION REGISTER - 357391 |
Administration Manager's REPORT
InfoCouncil generated reports are provided including May 2009 to 17 September 2012 Resolutions. These are annexed sorted by meeting i.e. Council, Community Services, etc.
Progress comments are provided until the final Action comment which will also show “COMPLETE”: that Item will then be removed from the Registers.
Councillors should raise any issues directly with Directors as per the Mayor’s request.
ITEM 3 - DEVELOPMENT APPLICATIONS RECEIVED DURING THE PRECEDING MONTH
REPORT IN BRIEF
Reason For Report |
Details of Development Applications received during the preceding month. |
Policy Implications |
Nil |
Budget Implications |
Nil |
Annexures |
|
File Number |
\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 355851 |
Director of Environmental Services' REPORT
The following Development Applications have been received during the period 1/08/2012 to 31/08/2012 as detailed below.
SUMMARY OF DEVELOPMENT APPLICATIONS RECEIVED
TYPE |
ESTIMATED VALUE |
Modification to wood fired pizza shop |
$ ----- |
Modification to subdivision |
$ ----- |
Modification to subdivision |
$ ----- |
Modification to relocatable homes |
$ ----- |
2 Lot Rural Subdivision |
$ ----- |
S68 |
$ ----- |
S68 |
$ ----- |
S68 |
$ ----- |
Confectionery Program |
$ ----- |
Gravel Quarry |
$ ----- |
Change of Use – Pharmacy/Post Office |
$ ----- |
Rural Industry - Firewood |
$ ----- |
OSSM & Absorption Trench |
$ ----- |
Warehouse & Industry |
$ ----- |
Ancillary Dwelling |
$ 300,000 |
Addition to Existing Dwelling & S68 |
$ 90,000 |
Change of Use – Car Repair Station |
$ 3,000 |
Games Room & Carport |
$ 57,000 |
Detached Double Garage |
$ 10,000 |
Extensions to Existing Dwelling |
$ 45,000 |
Water Tank |
$ 11,000 |
Dwelling |
$ 228,261 |
Enclosed Room |
$ 33,710 |
TOTAL: 23 |
$ 777,971 |
SUMMARY OF COMPLYING DEVELOPMENT* APPLICATIONS RECEIVED
TYPE |
ESTIMATED VALUE |
Dwelling & Attached Garage |
$ 324,923 |
Garage & Carport |
$ 19,460 |
TOTAL: 2 |
$ 344,383
|
GRAND TOTAL: 25 |
$ 1,122,354 |
*Complying Developments can be identified on the attached report by the 4 digit DA number i.e. 2011/1001 & 2010/1002
ITEM 4 - DEVELOPMENT APPLICATIONS APPROVED DURING THE PRECEDING MONTH
REPORT IN BRIEF
Reason For Report |
Details of Development Applications Approved during the preceding month. |
Policy Implications |
Nil |
Budget Implications |
Nil |
Annexures |
|
File Number |
\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 355852 |
Director of Environmental Services' REPORT
The following Development Applications have been approved during the period 1/08/2012 to 31/08/2012 as detailed below.
SUMMARY OF APPROVED DEVELOPMENT APPLICATIONS
TYPE |
ESTIMATED VALUE |
Bar Canteen Area |
$ 40,000
|
Shade Structure |
$ 20,000 |
Additions to Existing Building
|
$ 107,000 |
Addition to Dwelling & S68 |
$ 65,490 |
Convert Shed & Carport to Dwelling |
$ 80,000 |
Shed & Septic |
$ 60,000 |
Garage |
$ 3,000 |
Erection of Sculpture |
$ 5,000 |
Storage Shed with Awning |
$ 59,000 |
Extension to Existing Dwelling |
$ 190,000 |
Detached Double Garage |
$ 10,000 |
Extension to Pre School |
$ 145,000 |
Change of Use & Signage |
$ 2,000 |
Erection of Water Tank |
$ 11,000 |
Subdivision |
$ ----- |
Subdivision |
$ ----- |
Modification to Cattle Feedlot |
$ ----- |
Modification to Subdivision |
$ ----- |
S68 |
$ ----- |
Place of Public Entertainment |
$ ----- |
Confectionery Program |
$ ----- |
TOTAL: 21 |
$ 797,490 |
SUMMARY OF APPROVED COMPLYING DEVELOPMENT* APPLICATIONS
TYPE |
ESTIMATED VALUE |
Garage & Carport |
$ 19,460 |
Dwelling with Attached Garage |
$ 324,923 |
TOTAL: 2 |
$ 344,383 |
GRAND TOTAL: 23 |
$ 1,141,873
|
Previous Month: 21 |
$ 2,681,142 |
*Complying Developments can be identified on the attached report by the 4 digit DA number i.e. 2010/1073 & 2010/1074
REPORT IN BRIEF
Reason For Report |
To provide information on burial statistics. |
Policy Implications |
Nil |
Budget Implications |
Nil |
Annexures |
Nil |
File Number |
\OFFICIAL RECORDS LIBRARY\PUBLIC HEALTH\CEMETERIES\REPORTING - BURIAL STATISTICS - 355868 |
Director of Environmental Services' REPORT
YEAR |
NO OF BURIALS |
2006/07 |
59 |
2007/08 |
62 |
2008/09 |
57 |
2009/10 |
65 |
2010/11 |
40 |
2012/13 |
54 |
July |
3 |
August |
7 |
September |
|
October |
|
November |
|
December |
|
January |
|
February |
|
March |
|
April |
|
May |
|
June |
|
Total |
10 |