Extraordinary

Economic Development Steering Group

 

Business Paper

 

date of meeting:

 

Wednesday, 6 November 2013

location:

 

Function Room,

Port Macquarie-Hastings Council,

17 Burrawan Street,

Port Macquarie

time:

 

8.00am

 

 


Extraordinary

Economic Development Steering Group Meeting

Wednesday, 6 November 2013

 

Items of Business

 

Item       Subject                                                                                                      Page

 

01           Acknowledgement of Country............................................................................ 1

02           Apologies......................................................................................................... 1

03           Disclosures of Interest....................................................................................... 2

04           Review of the draft Economic Development Strategy.......................................... 6

05           Deferral of Payment of Development Contributions............................................ 7

06           Digital Strategy................................................................................................. 8  

07           General Business

 


AGENDA                                                                                      Description: Governance Strap.jpgExtraordinary

                                              Economic Development Steering Group      06/11/2013

Item:          01

Subject:     ACKNOWLEDGEMENT OF COUNTRY

 

"I acknowledge that we are gathered on Birpai Land. I pay respect to the Birpai Elders both past and present. I also extend that respect to all other Aboriginal and Torres Strait Islander people present."

 

 

Item:          02

Subject:     APOLOGIES

 

RECOMMENDATION

That the apologies received be accepted.

 

 

 

 

 


AGENDA                                                                                      Description: Governance Strap.jpgExtraordinary

                                              Economic Development Steering Group      06/11/2013

Item:          03

Subject:     DISCLOSURES OF INTEREST

 

RECOMMENDATION

 

That Disclosures of Interest be presented

 

DISCLOSURE OF INTEREST DECLARATION

 

 

Name of Meeting:     ………………………………………………………………………..

 

Meeting Date:           ………………………………………………………………………..

 

Item Number:            ………………………………………………………………………..

 

Subject:                      ………………………………………………………………………..

                                    …………………………………………………….……………...…..

 

 

I, ..................................................................................... declare the following interest:

 

 

        Pecuniary:

              Take no part in the consideration and voting and be out of sight of the meeting.

 

 

        Non-Pecuniary - Significant Interest:

              Take no part in the consideration and voting and be out of sight of the meeting.

 

        Non-Pecuniary - Less than Significant Interest:

              May participate in consideration and voting.

 

 

For the reason that:  ....................................................................................................

 

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

 

 

 

Signed:  .........................................................................  Date:  ..................................

 

 

Growth Bar b&w(Further explanation is provided on the next page)


 

Further Explanation

(Local Government Act and Code of Conduct)

 

A conflict of interest exists where a reasonable and informed person would perceive that a Council official could be influenced by a private interest when carrying out their public duty. Interests can be of two types: pecuniary or non-pecuniary.

 

All interests, whether pecuniary or non-pecuniary are required to be fully disclosed and in writing.

 

Pecuniary Interest

 

A pecuniary interest is an interest that a Council official has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the Council official. (section 442)

 

A Council official will also be taken to have a pecuniary interest in a matter if that Council official’s spouse or de facto partner or a relative of the Council official or a partner or employer of the Council official, or a company or other body of which the Council official, or a nominee, partner or employer of the Council official is a member, has a pecuniary interest in the matter. (section 443)

 

The Council official must not take part in the consideration or voting on the matter and leave and be out of sight of the meeting. (section 451)

 

Non-Pecuniary

 

A non-pecuniary interest is an interest that is private or personal that the Council official has that does not amount to a pecuniary interest as defined in the Act.

 

Non-pecuniary interests commonly arise out of family, or personal relationships, or involvement in sporting, social or other cultural groups and associations and may include an interest of a financial nature.

 

The political views of a Councillor do not constitute a private interest.

 

The management of a non-pecuniary interest will depend on whether or not it is significant.

 

Non Pecuniary – Significant Interest

 

As a general rule, a non-pecuniary conflict of interest will be significant where a matter does not raise a pecuniary interest, but it involves:

(a)   A relationship between a Council official and another person that is particularly close, for example, parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the Council official or of the Council official’s spouse, current or former spouse or partner, de facto or other person living in the same household.

(b)   Other relationships that are particularly close, such as friendships and business relationships. Closeness is defined by the nature of the friendship or business relationship, the frequency of contact and the duration of the friendship or relationship.

(c)   An affiliation between a Council official an organisation, sporting body, club, corporation or association that is particularly strong.

 

If a Council official declares a non-pecuniary significant interest it must be managed in one of two ways:

1.     Remove the source of the conflict, by relinquishing or divesting the interest that creates the conflict, or reallocating the conflicting duties to another Council official.

2.     Have no involvement in the matter, by taking no part in the consideration or voting on the matter and leave and be out of sight of the meeting, as if the provisions in section 451(2) apply.

 

Non Pecuniary – Less than Significant Interest

 

If a Council official has declared a non-pecuniary less than significant interest and it does not require further action, they must provide an explanation of why they consider that the conflict does not require further action in the circumstances.

SPECIAL DISCLOSURE OF PECUNIARY INTEREST DECLARATION

 

 

By

[insert full name of councillor]

 

 

In the matter of

[insert name of environmental planning instrument]

 

 

Which is to be considered at a meeting of the

[insert name of meeting]

 

 

Held on

[insert date of meeting]

 

 

PECUNIARY INTEREST

 

 

Address of land in which councillor or an  associated person, company or body has a proprietary interest (the identified land)i

 

 

Relationship of identified land to councillor

[Tick or cross one box.]

 

Councillor has interest in the land (e.g. is owner or has other interest arising out of a mortgage, lease trust, option or contract, or otherwise).

 

Associated person of councillor has interest in the land.

 

Associated company or body of councillor has interest in the land.

 

MATTER GIVING RISE TO PECUNIARY INTEREST

 

 

Nature of land that is subject to a change

in zone/planning control by proposed

LEP (the subject land iii

[Tick or cross one box]

 

The identified land.

 

Land that adjoins or is adjacent to or is in proximity to the identified land.

Current zone/planning control

[Insert name of current planning instrument and identify relevant zone/planning control applying to the subject land]

 

Proposed change of zone/planning control

[Insert name of proposed LEP and identify proposed change of zone/planning control applying to the subject land]

 

Effect of proposed change of zone/planning control on councillor

[Tick or cross one box]

 

Appreciable financial gain.

 

Appreciable financial loss.

 

 

 

 

 

Councillor’s Signature:  ……………………………….   Date:  ………………..


 

 

Important Information

 

This information is being collected for the purpose of making a special disclosure of pecuniary interests under sections 451 (4) and (5) of the Local Government Act 1993.  You must not make a special disclosure that you know or ought reasonably to know is false or misleading in a material particular.  Complaints made about contraventions of these requirements may be referred by the Director-General to the Local Government Pecuniary Interest and Disciplinary Tribunal.

 

This form must be completed by you before the commencement of the council or council committee meeting in respect of which the special disclosure is being made.   The completed form must be tabled at the meeting.  Everyone is entitled to inspect it.  The special disclosure must be recorded in the minutes of the meeting.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

i.   Section 443 (1) of the Local Government Act 1993 provides that you may have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relativeiv or because your business partner or employer has a pecuniary interest. You may also have a pecuniary interest in a matter because you, your nominee, your business partner or your employer is a member of a company or other body that has a pecuniary interest in the matter.

ii.  Section 442 of the Local Government Act 1993 provides that a pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter or if the interest is of a kind specified in section 448 of that Act (for example, an interest as an elector or as a ratepayer or person liable to pay a charge).

iii.   A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in proximity to land in which a councillor or a person, company or body referred to in section 443 (1) (b) or (c) of the Local Government Act 1993 has a proprietary interest—see section 448 (g) (ii) of the Local Government Act 1993.

iv.   Relative is defined by the Local Government Act 1993 as meaning your, your spouse’s or your de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child and the spouse or de facto partner of any of those persons.

 

 


AGENDA                                                                                      Description: Governance Strap.jpgExtraordinary

                                              Economic Development Steering Group      06/11/2013

 

 

Item:          04

 

Subject:     Review of the draft Economic Development Strategy

Presented by:  Commercial Services & Industry Engagement, Craig Swift-McNair

 

 

 

 

 

RECOMMENDATION

 

That the Economic Development Steering Group (EDSG) reviews the changes made to the Draft Economic Development Strategy and recommends the draft Strategy to Council for consideration. 

 

 

Discussion

 

At the Economic Development Steering Group Meeting held on Wednesday, 30 October 2013, the Economic Development Steering agreed on changes to be made to the Draft Economic Development Strategy. 

 

The Draft Economic Development Strategy has been updated and is presented to the EDSG for approval with a view to Council giving the revised Strategy consideration at the 20 November 2013meeting of Council.

 

 

Attachments

 

Nil

 


AGENDA                                                                                      Description: Governance Strap.jpgExtraordinary

                                              Economic Development Steering Group      06/11/2013

 

 

Item:          05

 

Subject:     Deferral of Payment of Development Contributions

Presented by:  Commercial Services & Industry Engagement, Craig Swift-McNair

 

 

 

 

 

RECOMMENDATION

 

That the Economic Development Steering Group discuss the Deferral of Payment of Development Contributions

 

 

Discussion

 

At the Ordinary Council Meeting held on 16th October 2013, Council resolved the following:

 

That Council:

1.       Commence a 12 month trial to allow the deferral of payment of development contributions for building development or other development not involving subdivision of land subject to:

a)      The deferral period being for a maximum of 2 years from the release of the construction or complying development certificate for building works or from the date of occupation/use commencing where no building works are proposed.

b)      An application made in writing to defer the payment of contributions.

c)      Contributions being secured by an irrevocable, non- time limited Bank Guarantee for the amount of the contributions plus a 12 month interest amount calculated at the average rate of Council’s investments performance over the past 12 months plus 1%.

d)      Contributions to be calculated at the current rate applicable at the time of payment, including contributions paid by instalment during the approved deferral period.

2.       That a report on the progress of expanded deferral provisions be provided in 12 months.

 

This item is listed for discussion by the Economic Development Steering Group, with Matt Rogers, Director Development & Environment  attending the meeting to talk to this item.

 

 

Attachments

 

Nil

 


AGENDA                                                                                      Description: Governance Strap.jpgExtraordinary

                                              Economic Development Steering Group      06/11/2013

 

 

Item:          06

 

Subject:     Digital Strategy

Presented by:  Commercial Services & Industry Engagement, Craig Swift-McNair

 

 

 

 

 

RECOMMENDATION

 

That the Economic Development Steering Group discuss the development of the Digital Strategy. 

 

 

Discussion

 

Action 19 of the draft Economic Development Strategy states the following:

 

Develop and implement a digital strategy so as to maximise current technologies and future opportunities.

 

Prior to development of the digital strategy, feedback is being sought from the Economic Development Steering Group as to what the scope of the digital strategy should be.

 

 

Attachments

 

Nil