Coast, Estuary & Floodplain Advisory Sub-Committee

 

Business Paper

 

date of meeting:

 

Tuesday 31 July 2018

location:

 

Function Room

Port Macquarie-Hastings Council

17 Burrawan Street

Port Macquarie

time:

 

1:00pm

 


Coast, Estuary & Floodplain Advisory Sub-Committee

 

CHARTER

 


 

Adopted:  OC 18/11/15

 

 

1.         Advise Council on conditions and management issues for the coast, estuaries and floodplains of the Port Macquarie-Hastings local government area.

 

2.         Advise Council on the development of coastal zone, estuary and floodplain risk management plans for the Port Macquarie-Hastings local government area.

 

3.         Advise Council on the implementation of adopted coastal zone, estuary and floodplain risk management plans.

 

4.         Act as a committee for the purpose of relevant NSW guidelines as they relate to estuary, coastline and floodplain management.

 

 


Coast, Estuary & Floodplain Advisory Sub-Committee

 

ATTENDANCE REGISTER

 

 

Member

29/09/15

09/02/16

24/11/16

30/03/17

 

Councillor Mike Cusato (Chair)

P

P

A

P

 

Councillor Rob Turner (Deputy Chair)

-

-

-

-

 

Adrian Button (Waterways User Rep.)

A

P

A

P

 

Alan MacIntyre (Community Rep.)

P

P

P

P

 

Bob Jolly (Community Rep. - Lake Cathie)

P

P

P

P

 

John Hough (Community Rep.)

P

P

X

A

 

Kingsley Searle (Oyster Industry)

P

P

P

P

 

Laurie Lardner (Community Rep.)

A

P

P

A

 

Patrick McEntee (Community Rep.)

P

P

A

X

 

Paul Hyde (Hastings River Fisherman’s Co-op)

X

P

X

X

 

Tony Troup (Oyster Industry)

P

P

P

A

 

Staff

 

 

 

 

 

Matt Rogers (PMHC)

P

P

P

P

 

Tim Molloy (PMHC)

P

A

A

P

 

Gordon Cameron (PMHC)

P

P

P

P

 

Thor Aaso (PMHC)

P

P

A

P

 

Jesse Dick (PMHC)

P

P

P

A

 

Agencies

 

 

 

 

 

Tina Clemens

Jaimee Vlastuin

(Lands Department)

A

P

P

P

A

 

Lee Burdett

Michael Northam (alternate)

(DPI - Fisheries)

 

P

 

P

 

P

 

P

 

Steve Atkins

Eric Claussen

Shaun Kerrigan

(National Parks Wildlife Service)

A

P

A

 

P

P

P

 

John Schmitt

Nic Denshire

Toong Chin

(Office of Environment & Heritage)

A

P

P

A

P

P

P

 

Matt Dawson

Andre Uljee

(Maritime Division - RMS)

P

 

P

A

A

P

 

Anthony Day

Ray Richards

Maria Fraser

(SES  Rep)

A

P

 

P

 

P

P

 

P

 

 

Key: P =  Present

         A  =  Absent With Apology

         =  Absent Without Apology

 

 


Coast, Estuary & Floodplain Advisory Sub-Committee Meeting

Tuesday 31 July 2018

 

Items of Business

 

 

Item       Subject                                                                                                      Page

 

01           Acknowledgement of Country............................................................................ 5

02           Apologies......................................................................................................... 5

03           Confirmation of Minutes.................................................................................... 5

04           Disclosures of Interest..................................................................................... 11

05           Business Arising from Previous Minutes........................................................... 15

06           Wrights Creek Flood Study Update - Draft Report............................................. 17

07           Implementation Update on Floodplain Risk, Estuary and Coastal Zone Management Plan Projects........................................................................................................ 202

08           Update of Biodiversity Strategy and Ecohealth Monitoring............................... 215

09           Active Coast, Estuary & Floodplain Projects Status Update............................. 688

10           Recent Legislation Reforms............................................................................ 692  

11           General Business

 


AGENDA Coast, Estuary & Floodplain Advisory Sub-Committee  31/07/2018

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.

 

 

Item:          03

Subject:     CONFIRMATION OF PREVIOUS MINUTES

Recommendation

That the Minutes of the Coast, Estuary & Floodplain Advisory Sub-Committee Meeting held on 30 March 2017 be confirmed.

 


MINUTES                                                                 Coast, Estuary & Floodplain Advisory

                                                                                                          Sub-Committee Meeting

                                                                                                                                  30/03/2017

 

 

 

PRESENT

 

Members:

Councillor Mike Cusato (Chair)

Adrian Button (Waterways User Rep.)

Alan MacIntyre (Community Rep.)

Bob Jolly (Community Rep. - Lake Cathie)

Kingsley Searle (Oyster Industry)

 

Staff:

 

Matt Rogers (PMHC)

Tim Molloy (PMHC)

Gordon Cameron (PMHC)

Thor Aaso (PMHC)

 

Other Attendees:

 

Michael Northam (DPI - Fisheries)

Steve Atkins (National Parks Wildlife Service)

John Schmidt (Office of Environment & Heritage)

Nic Denshire (Office of Environment & Heritage)

Matt Dawson (Maritime Division - RMS)

Ray Richards (SES Rep)

 

Chris Thomas (Advisian)

 

 

 

The meeting opened at 3:07pm.

 

 

01       ACKNOWLEDGEMENT OF COUNTRY

The Acknowledgement of Country was delivered.

 

 

02       APOLOGIES

CONSENUS:

That the apologies from Jesse Dick (PMHC), Laurie Lardner (Community Rep), Tony Troup (Industry Rep), Tina Clemens (DPI - Lands) and John Hough (Community Rep) be accepted.

 

 

03       CONFIRMATION OF MINUTES

CONSENSUS:

That the Minutes of the Coast, Estuary & Floodplain Advisory Sub-Committee Meeting held on 24 November 2016 be confirmed.

 

 

04      DISCLOSURES OF INTEREST

 

There were no disclosures of interest presented.

 

 

05          Business Arising From Previous Minutes

Camden Haven Prawn Study:

Michael Northam advised that the study will be finalised in 2018. Michael proposed that Dr Matthew Taylor make a presentation to the next meeting of the committee.

 

Seagrass Mapping:

Michael Northam provided a preliminary map of the seagrass and advised that results of the study will be provided to Committee members for comment.

 

Papyrus Weed - Intersection of The Boulevarde & Diamond Head Road:

Thor Aaso confirmed that Council staff will liaise with future owners to control the weed.

 

Blue Star Weed:

Alan Macintyre expressed his concern regarding this emerging new weed. Council to write to affected landowners to offer assistance and encourage cooperation to control the weed.

 

Pollution Incident:

Matt Rogers provided  information to the Committee on an incident involving overflow of septic tanks from a Caravan Park at Lakewood. Mick Northam noted that roles and responsibilities have been confirmed as a review of the post incident response.

 

 

06       Hastings River Climate Change Modelling - Final Report

Chris Thomas (Advisian) provided a detailed presentation on the report.

 

CONSENUS:

That the Committee note that a report will be presented to Council to place the Hastings River Climate Change report on public exhibition.

 

 

07       Implementation Update on Floodplain Risk, Estuary and Coastal Zone Management Plan Projects

There was general discussion on various actions listed in the report.

Matt Rogers advised that road raising floodplain management action items would normally be scheduled in conjunction with road maintenance works.

 

CONSENUS:

 

The Coast Estuary and Floodplain Management Plan Action Status Table be updated as follows:

·    33 & 36 Camden Haven Estuary Management Fishery. Actions for these items to be changed to note work being undertaken by Fisheries.

·    3.1 & 6 Lake Cathie Stormwater Management to be combined as one item.

·    5.1.4 to be updated to refer to the current Recreation Needs Study.

 

 

08       Lake Cathie Coastal Management Development Control Plan Provisions

Matt Rogers provided an overview of the changes

 

CONSENUS:

That the report be noted.

 

 

09       Update of Biodiversity Strategy and EcoHealth Monitoring

Thor Aaso provided an overview of work being undertaken. Committee members requiring a copy of the Vegetation mapping should contact Thor.

The Estuary Eco Health Report Card will be provided directly to members for information as soon as it is available and a more detailed report to be included in the next Committee Meeting agenda.

 

CONSENUS:

 

That the report be noted.

 

 

10       GENERAL BUSINESS

 

 

10.01     Coastwatch

Kingsley Searle advised that a trial of using oysters shells to create natural reef protection was being undertaken in Limeburners Creek.

 

 

10.02     Mt Seaview Rain and River Gauges

Kingsley Searle advised of issues with the gauges with data being 24 hours behind. Council to write to the Bureau of Meteorology to request improved monitoring of the gauges.

 

 

10.03     Tea Tree Plantation

Kingsley Searle requested advice on the permissible proximity of the application of dynamic lifter to waterways. Council staff to follow up and advise.

 

 

10.04     NSW Coastal Reform Legislation

Alan MacIntyre requested an update on the NSW Coastal Reform legislation and the need to prepare a new Coastal Management Plan to enable grant funding for estuary works. An update to be provided to the next Committee Meeting as part of Business Arising.

 

 

10.05     Crown Lands Reform Package

Councillor Mike Cusato noted issues for Council resulting from the Crown Lands Reform Package. Matt Rogers noted particular concerns with land potentially being handed to Council without reasonable ongoing funding.

 

 

 

10.06     North Brother Flood Study

Steve Atkins requested an update on the North Brother Flood Study. Gordon Cameron advised that a Tender brief was being prepared by Council’s Transport and Stormwater Section with  a view to going to market by the end of April.  Council staff  to liaise with Steve prior to finalising the project brief.

 

 

 

The meeting closed at 4:52pm.

 

 

 

 

 

 


AGENDA Coast, Estuary & Floodplain Advisory Sub-Committee  31/07/2018

Item:          04

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:  ....................................................................................................

 

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

 

Name:  …………………………………………………….

 

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.  The Council official must not be present at, or  in sight of, the meeting of the Council at any time during which the matter is being considered or discussed, or at any time during which the council is voting on any question in relation to the matter.  (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 Name:  …………………………………………

 

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..

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 Coast, Estuary & Floodplain Advisory Sub-Committee  31/07/2018

Item:          05

Subject:     BUSINESS ARISING FROM PREVIOUS MINUTES

 

Item:

05

Date:

30/03/2017

Subject:

Camden Haven Prawn Study:

Action Required:

Michael Northam advised that the study will be finalised in 2018. Michael proposed that Dr Matthew Taylor make a presentation to the next meeting of the committee.

Current Status:

The results of this study are not yet finalised. Dr Taylor will provide a PowerPoint presentation to the committee to discuss some preliminary results.

 

Item:

05

Date:

30/03/2017

Subject:

Seagrass Mapping:

Action Required:

Michael Northam provided a preliminary map of the seagrass and advised that results of the study will be provided to Committee members for comment.

Current Status:

Awaiting submission of the results of this study from DPI Fisheries.

 

Item:

05

Date:

30/03/2017

Subject:

Papyrus Weed - Intersection of The Boulevarde & Diamond Head Road:

Action Required:

Thor Aaso confirmed that Council staff will liaise with future owners to control the weed.

Current Status:

Due to multiple staff departures, no further action has been undertaken on this matter. However Council staff will liaise with the landowner to gauge interest in controlling the weed. This is unlikely to occur in the near future until staff recruitment has been undertaken.

 

Item:

05

Date:

30/03/2017

Subject:

Blue Star Weed:

Action Required:

Alan Macintyre expressed his concern regarding this emerging new weed. Council to write to affected landowners to offer assistance and encourage cooperation to control the weed.

Current Status:

Thor Aaso provided information to Alan Macintyre via email in April 2017.

 

Item:

10.02

Date:

30/03/2017

Subject:

Mt Seaview Rain & River Gauges

Action Required:

Kingsley Searle advised of issues with the gauges with data being 24 hours behind. Council to write to the Bureau of Meteorology to request improved monitoring of the gauges.

Current Status:

Council staff contacted WaterNSW to clarify this matter. The following response was provided by WaterNSW.

 

This is a remote with a poor battery recharge issue, especially in winter when site gets poor sun. Flow on from that is when its suffering lower power the data transmission does not happen so we get data less frequently. This causes the data provided from this gauge to be delayed.

 

Battery replacement will be taking place on this gauge site shortly. When the battery replacement is completed the data provided from this gauge will be ‘live’ or have a minimal delay.

 

Council staff have checked the gauge data online and it appears to operate similar to other gauges within the network (i.e. data is uploaded to the web within a couple of hours). It is assumed that the site has now been upgraded.

 

Item:

10.03

Date:

30/03/2017

Subject:

Tea Tree Plantation

Action Required:

Kingsley Searle requested advice on the permissible proximity of the application of dynamic lifter to waterways. Council staff to follow up and advise.

Current Status:

NSW Industry & Investment have issued a document titled ‘best practice guidelines for using poultry litter on pastures’ which is understood to apply to the Tea Tree development. This information can be found online at: https://www.dpi.nsw.gov.au/__data/assets/pdf_file/0004/140359/Best-practice-guidelines-for-using-poultry-litter-on-pastures.pdf

 

Item:

10.04

Date:

30/03/2017

Subject:

NSW Coastal Reform Legislation

Action Required:

Alan MacIntyre requested an update on the NSW Coastal Reform legislation and the need to prepare a new Coastal Management Plan to enable grant funding for estuary works. An update to be provided to the next Committee Meeting as part of Business Arising.

Current Status:

Refer to presentation provided as an attachment to the agenda. John Schmidt to present a brief overview of the changes that have been made to the NSW Coastal Management Framework.

 

 

 


AGENDA Coast, Estuary & Floodplain Advisory Sub-Committee  31/07/2018

 

 

Item:          06

 

Subject:     Wrights Creek Flood Study Update - Draft Report

Presented by:  Development and Environment, Melissa Watkins

 

 

 

 

 

RECOMMENDATION

 

That the Committee recommend to Council, that the draft Wrights Creek Flood Study Update (2018) be placed on public exhibition for six weeks.

 

 

Discussion

 

In late 2016 Council engaged WMAwater to prepare a Floodplain Management Plan for Wrights Creek.

 

The development of Floodplain Management Plans follow guidelines established in the NSW Government’s Floodplain Development Manual (2005). The manual outlines the steps involved in the process, and the activities required to develop a Floodplain Management Plan in flood affected areas.

 

The Floodplain Risk Management process involves the following stages:

 

STAGE

DESCRIPTION

1. Flood Study

Determines the nature and extent of the flood problem.

2. Floodplain Risk Management Study

Evaluates management options for the floodplain in respect of both existing and proposed developments.

3. Floodplain Risk Management Plan

Involves formal adoption by Council of a plan of management for the floodplain.

4. Implementation of Plan

Results in construction of flood mitigation works to protect existing development and the application of environmental and planning controls to ensure that new development is compatible with the hazard.

 

WMAwater have commenced Stage 1 (Flood Study) and have updated the previous flood modelling that was completed as part of the Wrights Creek Flood Study (2007).

 

The Wrights Creek Flood Study (2007) defines flood behaviour and quantifies the flood characteristics along Wrights and Yarranabee Creeks. This information is used to assist development assessment and provides baseline flood data that is relied upon for development within the Wrights Creek catchment floodplain.

 

This new Flood Study updates the previous Wrights Creek Flood Study (2007) and provides Council with a suitable platform for undertaking the next steps in the Floodplain Risk Management process.

 

As part of the project the existing 2007 flood study RMA-2 model was converted into a TUFLOW model. In addition to the conversion process, the TUFLOW hydraulic model of the catchment was updated with additional data including additional information on ground surface levels, and culvert and bridge structures. The TUFLOW hydraulic model has been used to reproduce the historical flood behaviour from events in 1995 and 2002 and to define flood behaviour for a range of design events.

 

Ground surface levels were updated using 2012 LiDAR data which is considered to be more accurate than the 2005 LiDAR data used in the previous flood study. An additional survey of drainage structures which were not previously surveyed as part of the 2007 flood study was also undertaken and were included in the hydraulic model. Hence the most current data available has been used to represent the catchment in this hydraulic model.

 

Design flood modelling was undertaken for the 5y Average Recurrence Interval (ARI), 20y ARI, 100y ARI and Probable Maximum Flood (PMF) events. Detailed flood mapping was developed for:

·    flood levels and extents, and velocities for the full range of design events,

·    results of a climate change assessment,

·    hydraulic category maps for the 100y ARI and 100y ARI with 900mm sea level rise and 10% increase in rainfall events, and

·    hazard mapping for the 100y ARI and 100y ARI with 900mm sea level rise and 10% increase in rainfall events.

 

The NSW Floodplain Development Manual (2005) requires that flood studies and floodplain risk management studies consider the impacts of climate change (sea level rise and rainfall increase) on flood behaviour.

 

A rainfall increase of up to 10% has been recommended due to the uncertainties associated with this aspect of climate change.

 

The following climate change scenarios have been considered in this climate change assessment:

·    100y ARI rainfall with 10% Rainfall Increase with 900 mm sea level rise (Scenario 1)

·    100y ARI rainfall with a 900mm increase in level assumed by year 2100 (Scenario 2)

·    100y ARI rainfall with 10% Rainfall Increase with 400 mm sea level rise (Scenario 3)

·    100y ARI rainfall with a 400mm increase in level assumed by year 2050 (Scenario 4)

·    PMF rainfall with a 900mm increase in level assumed by year 2100 (Scenario 5)

·    100y ARI rainfall with low level rainfall increase of 10% (Scenario 6)

 

The above scenarios are consistent with the method adopted for the Camden Haven River and Lakes System Flood Study (Worley Parsons, 2013).

 

The study also included an assessment against the updated national design flood guidelines, Australian Rainfall and Runoff (2016). The ARR 2016 guidelines are newly developed, however their use is still somewhat variable. This flood study commenced prior to the release of the ARR 2016 guidelines and has not adopted these guidelines.

 

However, a comparison was undertaken using ARR 2016 and those of the 2007 Flood Study calculated using ARR 1987. This comparison between the two methodologies identified minimal change (i.e. in the order of 40mm to 100mm).

 

The small variance in flood results supports the continued use of ARR 1987 for this flood study until such time as the ARR 2016 methodologies are fully adopted. The results of the analysis show that when the transition to ARR 2016 occurs there is not a major change to the adopted design flood levels. It is therefore considered acceptable to continue using ARR 1987 after 2016 is adopted.

 

Accordingly, the hydrologic model which was established as part of 2007 Flood Study using XP-RAFTS was adopted under this flood study.

 

Community consultation was undertaken as part of this study and included the distribution of an information sheet and a questionnaire that was mailed to residents within the catchment on the 4th July 2017 (refer to Appendix D of the flood report). Notifications were also placed in local papers and on PMHC’s online survey (Have your say). The information sheet described the role of the flood study in the floodplain management process, and the questionnaire requested information pertaining to the community’s experience of flooding within the catchment. Community members who had flood information were invited to contribute.

 

Results

 

The new modelling confirmed that flooding within the catchment is largely confined to the main creek channels. The floodplain is very narrow with much of the development outside of the floodplain. However, in the vicinity of Lord and Hill Streets, at the junction of Wrights and Yarranabee Creeks, a number of residential dwellings are located within the floodplain.

 

Flow paths have also been identified as an issue for Lord Street in events rarer than the 20yr ARI event. This poses a significant hazard and could affect evacuation. The blockage of culverts at most road crossing points within the catchment also causes inundation of the roadways. This restricts access along these roads during flood events.

 

A better understanding of the Floodway extent has also been realised, once again near Lord and Hill streets and at the Junction of Wrights and Yarranabee creeks.

 

The study also includes recommendations to be considered in the future Floodplain Risk Management Study.

 

Conclusion

 

This Flood Study updates the 2007 Flood Study with more recent topographical data. The updated hydraulic model has been calibrated to historical floods therefore confirming its ability to reproduce historical flood behaviour on the catchment. The flood behaviour for the 5y ARI, 20y ARI, 100y ARI and PMF events and for various climate change scenarios has been determined using the calibrated hydraulic model.

 

The updated flood study provides Council with a suitable platform for undertaking the subsequent stages of the Floodplain Management process, flood planning, and development of flood risk management strategies and for use in setting planning levels within the study area.

 

Attachments

 

1View. Wrights Creek Flood Study Update - Figures

2View. Wrights Creek Flood Study Update - Draft Report with Appendices

 


  ATTACHMENT

Coast, Estuary & Floodplain Advisory Sub-Committee

31/07/2018

 

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  ATTACHMENT

Coast, Estuary & Floodplain Advisory Sub-Committee

31/07/2018

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


AGENDA Coast, Estuary & Floodplain Advisory Sub-Committee  31/07/2018

 

 

Item:          07

 

Subject:     Implementation Update on Floodplain Risk, Estuary and Coastal Zone Management Plan Projects

Presented by:  Development and Environment, Melissa Watkins

 

 

 

 

 

RECOMMENDATION

 

That the Committee note the report.

 

 

Discussion

 

This report details the status of actions listed in current Coast, Estuary and Floodplain Risk Management Plans.

 

Floodplain Risk Management Plans

 

Port Macquarie-Hastings Council (PMHC) currently has Floodplain Risk Management

Plans for the Hastings River and the Camden Haven River.

 

PMHC and relevant stakeholders have been working progressively to undertake the actions proposed in the Plans.  As noted in the Floodplain Sub-Committee Meeting held on 3 December 2014 and on 24 November 2016, many of the actions of the Camden Haven River Management Plan have been completed. Work has commenced more recently on the actions in the Hastings River Floodplain Risk Management Plan given its finalisation in May 2014. See attached Action Plan for details.

 

The outstanding actions from each Plan, as well as any ongoing management actions, will be progressively considered for incorporation into Council’s annual Operational Plans as funding allows. Some items have been completed since the last report to the committee on 24 November 2016. See attachment for details. Items which have had a change in status have been highlighted for ease of reference.

 

Estuary Management Plans

 

PMHC currently has Estuary Management Plans for the Hastings River, Lake Cathie/Lake Innes and Camden Haven river estuaries.

 

As noted in the Coast and Estuary Sub-Committee Meeting held on 24 April 2014, 24 November 2016 and 30 March 2017, most of the actions in each Plan have been completed.

 

Attached is a summary of the outstanding action items together with the corresponding status for the Committee’s information. Again, some items have been completed since the last report to the committee on 30 March 2017.  Items which have had a change in status since the last meeting have been highlighted for ease of reference.

 

Importantly, due to the recent changes to the Coastal Management legislation, the remaining items and ongoing management actions are now no longer capable of being grant funded, and thus will need to be reviewed as part of the future CMP process.

 

Coastal Zone Management Plans

 

Coastal Zone Management Plans have been prepared for Town Beach and for Lake

Cathie.

 

At this point in time, key actions from the Town Beach Coastal Zone Management

Plan have been implemented and the actions from the Lake Cathie Coastal Zone Management Plan have commenced. These include a number of actions relating to stormwater outlet reconstruction, land-use planning responses, stormwater network redirection detailed design and a funding model for the construction of the revetment along Illaroo Road.

 

Attached is a summary of the outstanding action items from each of the plans mentioned above, together with the corresponding status for the Committee’s information. Some items have been completed since the last report to the committee on 30 March 2017.  Items which have had a change in status since the last meeting have been highlighted for ease of reference.

 

Similar to the Estuary Management Plans, Coastal Management Zone Plans are also subject to the recent changes to the Coastal Management legislation. The impact on Council’s adopted coastal plans is less pronounced than the Estuary plans, as the Lake Cathie Coastal Zone Management Plan is subject to special provisions of the new legislation and is therefore still valid. The Town Beach Coastal Zone Management Plan was never formally adopted by the State government (despite numerous attempts by Council) so it is not able to receive grant funding under the coastal management program, hence there is no change to the status of this plan.

 

The remaining items and ongoing management actions for the Lake Cathie Coastal Zone Management Plan remain capable of being grant funded. 

 

Refer to separate report for update on the recent changes to Coastal Management legislation.

 

Attachments

 

1View. Coast, Estuary and Floodplain Management Plan Action Status

 


  ATTACHMENT

Coast, Estuary & Floodplain Advisory Sub-Committee

31/07/2018

 


 


 


 


 


 


 


 


 


 


 


AGENDA Coast, Estuary & Floodplain Advisory Sub-Committee  31/07/2018

 

 

Item:          08

 

Subject:     Update of Biodiversity Strategy and Ecohealth Monitoring

Presented by:  Development and Environment, Melissa Watkins

 

 

 

 

 

RECOMMENDATION

 

That the Committee note the report.

 

Discussion

 

This report provides a status update on the Biodiversity Strategy 2017-2030 and Hastings Estuary Eco-health monitoring reports.

 

Biodiversity Strategy 2017-2030

 

The Biodiversity Strategy 2017-2030 identifies the most important natural assets of the area, the threats to these assets and the actions that can be undertaken to manage these threats.

 

The Strategy is a framework document that will help private individual land owners, community groups and Council have a better chance of accessing grant funding to undertake environmental works.

 

The Strategy builds on Council’s strategic planning work, environmental modelling and natural resource projects undertaken. It uses the best possible current science to map priority areas for biodiversity investment within our Local Government Area.

 

This Strategy has been developed over the past three years in consultation with a Community and Expert Panel with assistance from the Office of Environment and Heritage (OEH) and the University of Melbourne.

 

The Biodiversity Strategy was placed on public exhibition in February 2018 and submissions are currently being analysed and amendments are being considered. The Strategy is proposed to be reported to Council for final approval in August 2018.

 

Hastings and Camden Haven Catchments Eco-health Monitoring 2017

 

The 2017 round of ecosystem health monitoring was conducted at 34 sites in 14 waterways throughout the Hastings and Camden Haven catchments.

 

The overall health condition was a “C” or fair for the Hastings and Camden catchments.

 

The report comes in three formats, 1) technical report; 2) a summary brochure; and 3) a poster. A copy of each of the eco-health documents is attached.

 

Council is preparing for a third round of eco-health assessments to be completed on the Hastings, Camden Haven and Lake Cathie-Lake Innes catchments. The sampling is expected to begin in the spring of 2018.

 

Attachments

 

1View. Ecohealth Monitoring 2017 - Report

2View. Ecohealth Monitoring 2017 - Poster

3View. Ecohealth Monitoring 2017 - Brochure

4View. Biodiversity Strategy 2017-2030

 


  ATTACHMENT

Coast, Estuary & Floodplain Advisory Sub-Committee

31/07/2018

 

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  ATTACHMENT

Coast, Estuary & Floodplain Advisory Sub-Committee

31/07/2018

 

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  ATTACHMENT

Coast, Estuary & Floodplain Advisory Sub-Committee

31/07/2018

 

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  ATTACHMENT

Coast, Estuary & Floodplain Advisory Sub-Committee

31/07/2018

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


AGENDA Coast, Estuary & Floodplain Advisory Sub-Committee  31/07/2018

 

 

Item:          09

 

Subject:     Active Coast, Estuary & Floodplain Projects Status Update

Presented by:  Development and Environment, Melissa Watkins

 

 

 

 

 

RECOMMENDATION

 

That the Committee note the status of the active Coast, Estuary and Floodplain projects.

 

 

Discussion

 

This report provides an update on active Coast, Estuary and Floodplain projects. Where applicable, each project has been listed with the current project cost and corresponding grant amount provided by OEH or NSW DPI.

 

Floodplain Management

 

Hibbard Floodway Investigation

Current total project cost: $114,650.

Current OEH grant funding component: $76,433.33.

Successful grant application under 2015-16 Floodplain Management funding round.

 

Project is underway with Advisian Pty Ltd engaged after a successful procurement phase which saw multiple consultancies tender for the works. Works completed to date include flood modelling, calibration against the 2013 flood event, detailed survey of significant floodplain features (i.e. road crest levels, creek channels, solid walls and the like) as well as community consultation. The consultant is currently working on finalising the draft report and preparing the draft figures. The draft report is proposed to be provided at the next committee meeting with a presentation by the consultant.

 

Hastings River Climate Change Modelling

Total project cost: $68,720.

OEH grant funding component: $42,533.33.

Successful grant application under 2015-16 Floodplain Management funding round.

 

Project is nearing completion with public exhibition phase due to close on 26 July 2018. A final report will be issued once submission issues are addressed. A report will be presented to the committee for discussion before being reported to Council for adoption.

 

Wrights Creek Flood Study Update, Climate Change Modelling & Floodplain Risk Management Study & Plan

Current total project cost: $110,310.

OEH grant funding component: $73,540.

Successful grant application under 2015-16 Floodplain Management funding round.

 

Project is underway with the flood study component (stage 1) nearing completion. Refer to separate report for further details.

 

North Brother Local Catchments Flood Study

Current total project cost: $125,612.

OEH grant funding component: $83,741.33.

Successful grant application under 2016-17 Floodplain Management funding round.

 

Project is underway with Jacobs Group (Australia) Pty Ltd engaged after a successful procurement phase which saw multiple consultancies tender for the works. Works completed to date include flood modelling, calibration against the previous flood event, detailed survey of significant floodplain features (i.e. road crest levels, creek channels, solid walls, earth bunds, culverts, and the like) as well as community consultation. The consultant is currently working on calibrating the flood model before finalising the draft report and preparing the draft figures. The draft report will be provided at a future committee meeting with a presentation by the consultant before being placed on public exhibition for comment.

 

Hastings River Gauge Network Upgrades

Current total project cost: $50,000.

OEH grant funding component: $33,333.

Successful grant application under 2017-18 Floodplain Management funding round.

 

Project is underway with Manly Hydraulics Laboratory (MHL) directly engaged. The project is staged due to the complexities involved with the installation of gauges within an existing network. Stage 1 has been completed and involved a comprehensive review of the existing gauge network in order to accurately determine where improvements could be made and to prioritise future works. The consultant is now working closely with PMHC, OEH, SES & BoM to deliver the installation of additional gauges. Further detailed assessment of the priority gauge locations is expected to occur over the coming months.

 

Dunbogan Flood Access Road – Construction

This project is subject to confirmation of grant funding.

 

Council applied for grant funding in 2017, however was unsuccessful as a result of the ongoing planning approval process that is yet to be finalised. However in anticipation of a planning approval within coming months, Council applied for grant funding earlier this year and is awaiting the outcome of the application. Notification on the status of the grant application is not expected until late 2018.

 

Coastal Management

 

Illaroo Road Stormwater Redirection – Construction

Council recently successfully delivered the Illaroo Road Stormwater Redirection - Detailed Design project which was completed in 2017. This project was delivered under budget and within the specified timeframe. Following the design an application has been made to OEH for grant funding to undertake stormwater redirection construction works. If the grant application is successful construction works are expected to commence in 2019. Notification on the status of our grant application is not expected until late 2018.

 

 

Middle Rock and Chepana Street Stormwater Outlet – Maintenance Works

Current total project cost: $114,000.

OEH grant funding component: $57,000.

Successful grant application under 2016-17 Coastal Management funding round.

 

Project is underway with Ecological Australia Pty Ltd engaged after a successful procurement phase which saw multiple consultancies tender for the works. This project has been significantly delayed due to changes to legislation and the need to clarify approval pathways. However, planning approvals are now nearing completion and works are expected to commence on the two southernmost outlets (i.e at the Middle Rock Carpark and at the southern end of Chepana Street) in late 2018.

 

Lake Cathie CZMP – Funding Model

Current total project cost: $97,600. OEH grant funding component: $58,800 Successful grant application under 2016-17 Coastal Management funding round.

 

Project is underway with Marsden Jacob Pty Ltd engaged. In addition to the Funding Model, this project now involves a review of the CBA that was completed by OEH in 2016. The project is anticipated to be completed in early 2019.

 

Flynns Beach Retaining Wall Replacement (Stage 1)

Current total project cost: $2,078,089.70.

OEH grant funding component: $1,035,448.50.

Successful grant application under 2015-16 Coastal Management funding round.

 

The procurement and tendering phase has been finalised with a ‘Design and Construct’ methodology being adopted by the successful contractor. The project is still in the detailed design phase.

 

Estuary Management

 

Estuarine Lake Linkages: Protecting the Islands & Foreshores of the Camden Haven Current total project cost: $372,049

OEH grant funding component: $186,047.

Successful grant application under 2015-16 Estuary Management funding round.

 

Project is underway and is progressing well. The project officer position was filled and two years of management works completed. One year of management works remain outstanding and will be carried out by contractors.

 

Lake Cathie Dredging & Foreshore Nourishment

Total project cost: $350,000.

NSW DPI grant funding component: $150,000.

Successful grant application under 2017-18 Rescuing Our Waterways funding round.

 

This project has recently been completed with National Dredging Solutions Pty Ltd successfully delivering the works. The project was delivered on time and on budget. Over 24,000m3 of sand was dredged with 14,000m3 placed on Foreshore Reserve and 10,000m3 placed on Lighthouse Beach adjacent to Illaroo Road. Some final tidy-up works are expected to commence in coming weeks to repair minor damage on Foreshore Reserve caused by heavy vehicle movements etc.

 

 

Attachments

 

Nil

 


AGENDA Coast, Estuary & Floodplain Advisory Sub-Committee  31/07/2018

 

 

Item:          10

 

Subject:     Recent Legislation Reforms

Presented by:  Development and Environment, Melissa Watkins

 

 

 

 

 

RECOMMENDATION

 

That the Committee note the report.

 

 

Discussion

 

Multiple changes to legislation that applies to coast and estuary management in NSW have recently occurred. This report briefly details the changes and outlines some of the key impacts that the changes may have on matters relating to this Committee.

 

New Coastal Management Laws

 

The Coastal Management Act 2016 and Coastal Management State Environmental Planning Policy 2018 commenced on 3 April 2018.

 

The Act has repealed the Coastal Protection Act 1979 (Former Act), and implements the coastal reforms first proposed by the NSW Government in 2015.

 

The coastal zone is now defined via four coastal management areas, these being:

·    the coastal wetlands and littoral rainforests area

·    the coastal vulnerability area

·    the coastal environment area

·    the coastal use area

 

Different management objectives exist across the four coastal management areas.   New maps, defining the coastal management areas, were released with the commencement of the Coastal Management SEPP.  If multiple areas apply to a single parcel of land, the Act imposes a hierarchy as to which coastal management objectives apply.

 

A Coastal Management Manual has been developed as part of the reform package. The manual contains the mandatory requirements which must be imposed when developing Coastal Management Programs (CMPs).

 

The Act has abolished the NSW Coastal Panel, and established a new NSW Coastal Council.

 

The Act has introduced CMP’s to replace the Coastal Zone Management Plans (CZMPs) that were implemented under the former Act. Council’s must have CMPs in place and adopted before works can qualify for grant funding. As part of the legislation change no transition arrangements were provided. This is not an issue from a coastal management perspective per se, as Council’s only adopted CZMP is still valid (see below). However all existing Council adopted Estuary Management Plans are now no longer capable of receiving grant funding.

 

Hence until a CMP is adopted, no estuary management works will be funded.

 

Given that estuary management works have not been capable of receiving grant funding since April 2018 and the fact that it may take many years to formulate and adopt a CMP, there will be significant impacts on Council’s ability to undertake estuary management works for the foreseeable future.

 

CZMPs that were in force under the former Act will continue to have effect, until they are replaced by a CMP. Accordingly, the Lake Cathie CZMP is still capable of receiving grant funding and Council is working through implementing various actions from this plan.

 

New CMPs must be prepared and adopted by 31 December 2021. This could be troublesome especially as the formulation of a project of this magnitude (i.e. an LGA wide CMP) may take a number of years to complete. Council staff have met with OEH staff to further clarify the tasks that are needed to achieve this timeline.

 

New Land Management and Biodiversity Conservation Laws

 

The Biodiversity Conservation Act 2016 and the Local Land Services Amendment Act 2016 commenced on 25 August 2017.

 

These Acts have repealed the Native Vegetation Act 2003 and the Threatened Species Conservation Act 1995. The commencement of these Acts results in a new system for land management and conservation in NSW which is intended to establish a framework to avoid, minimise and offset impacts on biodiversity.

 

The new legislation has been released along with a range of draft regulations, codes and resource tools to support the reforms.

 

Key reforms include:

·    the establishment of a new biodiversity offset scheme including the establishment of a Biodiversity Conservation Fund through which a proponent may satisfy biodiversity credit requirements

·    the creation of a uniform mechanism to assess the impacts of development and activities on threatened species and threatened ecological communities and habitats

·    the deregulation of the clearing of native vegetation across NSW based upon state wide maps

·    the concept of ‘serious and irreversible’ biodiversity impacts

 

The Biodiversity Conservation (BC) Act introduces a new Biodiversity Offsets Scheme (BOS) and Biodiversity Assessment Method (BAM) that will replace the range of existing systems.

 

The BAM assesses the impact of actions on threatened species and threatened ecological communities and their habitats, and other actions prescribed by the regulations.

 

The BOS and BAM will allow:

·    landowners to enter into biodiversity stewardship agreements that will earn biodiversity credits

·    proponents of development to obtain offsets for the clearing of regulated land, through the purchase of biodiversity credits or through making a contribution to the new Biodiversity Conservation Fund

 

There are differing approval pathways and biodiversity assessment requirements for proponents depending on whether they are a public authority or not. However, recent experience has shown that determining which approval pathway and biodiversity assessment applies is difficult and can require expert opinion from qualified consultants.

 

In this regard, a Biodiversity Development Assessment Report (BDAR) can only be prepared by an accredited person. Due to the specialist nature of this work, there are limited accredited persons available and the fees involved in engaging such consultants can be significant.


Further for public authorities, the alternative methodology (i.e a Species Impact Statement) is also difficult to navigate as the only person who can determine what must be included in any SIS is the Chief Executive of OEH and each request is assessed on a case by case basis.

 

Notwithstanding the above, alternative pathways exist for public authorities when assessing biodiversity impacts, however this is only available where an adopted CMP or CZMP is in place. In order to qualify for the more streamlined approval pathway the proposed development must be a specific action item from that program/plan. At this point in time the only works that can be assessed via the new streamlined approach are those listed in the Lake Cathie CZMP.

 

New Crown Land Management Laws

 

The Crown Land Management Act 2016 commenced on 1 July 2018.  The Act has replaced eleven separate pieces of legislation currently governing Crown land.

 

The Crown Land Management (CLM) Act provides an opportunity for local councils to take direct ownership of Crown land that has local value. It also aims to simplify the processes for Council’s managing Crown land in the future.

 

A large portion of Crown land is considered to be of ‘local value’ with many of these reserves already managed by local Council’s as the Reserve Trust or as a Reserve Trust Manager under the former Crown Lands Act 1989.

 

One of the key changes under the CLM Act is that ownership of Crown land may be transferred to local councils if the Minister is satisfied the land is suitable for “local use”. In making this decision the Minister must take into account criteria to be prescribed in the regulations, which are yet to be finalised. To support the transfer of ownership, Plans of Management for Crown reserves are required. Under the transition period local council’s will receive funding to meet the new requirements.

 

As part of the transition period any existing lease, licence or permit issued under previous legislation will continue for its term. From 1 July 2018, all new leases, licences and permits will be issued under the new legislation.

 

Importantly, the transfer of ownership of Crown land to local councils will be voluntary and require council’s agreement. The transfer will also be subject to the existing regime of land claims under the Aboriginal Land Rights Act 1983. As a result, any negotiations about proposed transfers of Crown land will take place with local councils and Aboriginal Land Councils.

 

Once land is transferred into council ownership, the decision making about the management of that land will be made in accordance the Local Government Act (1993).

 

Land transferred to council’s will generally be placed under the ‘community land’ classification under the LG Act. This land will be subject to the strict management requirements under the LG Act. It also means that the land cannot be sold by councils without reclassifying the land to ‘operational’. Only in limited circumstances will land be transferred to council as ‘operational’.

 

Council’s will be entitled to any income generated from the land and will become responsible for any leases or licences.

 

In order to determine the impact that this change in legislation will have, Council will need to carry out an audit of the Crown land we currently manage or which is located within our LGA to determine whether the land fits the ‘local land’ criteria. For land that fits the criteria, Council will then need to undertake a strategic assessment to decide whether it is desirable to take on the ownership of the land or whether it is preferable to retain the Crown land status. This will inevitably require consideration of the community’s views, as well as the financial, legal and risk implications of the approach adopted by Council for each parcel of land.

 

Attachments

 

1View. NSW Coastal Management Framework - Presentation to Council

 


  ATTACHMENT

Coast, Estuary & Floodplain Advisory Sub-Committee

31/07/2018

 

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