Agenda of Coast, Estuary & Floodplain Advisory Sub-Committee

Coast, Estuary & Floodplain Sub-Committee

CHARTER

Adopted: OC 21/08/19

1.0 OBJECTIVES

· Assist Council in undertaking coast, estuary and floodplain management and planning.

· Assist Council in reviewing coast, estuary and floodplain studies, plans, and policies.

· Engage with and provide input to Council on other coast, estuary and floodplain matters and issues which are relevant to the Local Government Area.

· Provide and receive two-way feedback from the community.

2.0 KEY FUNCTIONS

· Advise Council on conditions and management issues for the coast, estuaries and floodplains of the Port Macquarie-Hastings Local Government Area.

· Advise Council on the development of coastal, estuary and floodplain management plans for the Port Macquarie-Hastings Local Government Area.

· Advise Council on the implementation of adopted coastal, estuary and floodplain management plans.

· Act as a Sub- Committee for the purpose of relevant NSW guidelines as they relate to coastal, estuary and floodplain management.

3.0 MEMBERSHIP

3.1 Members

Community Representatives
Name	Title	Catchment	Coast, estuary, flood
Alan MacIntyre	Community Representative	Camden Haven	Coast and estuary
Vacant	Community Representative	Hastings	Coast and estuary
Bob Jolly	Community Representative	Lake Cathie	Coast and estuary
Kingsley Searle	Oyster Industry	Hastings	Coast and estuary
Tony Troup	Oyster Industry	Camden Haven	Coast and estuary
Paul Hyde	Fishing Industry	Hastings	Coast and estuary
Vacant	Development Industry	Hastings	Flood
Vacant	Development Industry	Camden Haven	Flood
Vacant	Community Representative	Hastings	Flood
Vacant	Community Representative	Camden Haven	Flood
Vacant	Community Representative Revive Lake Cathie (RLC)	Lake Cathie	Flood

Council Representatives
Name	Title
Michael Cusato (Chairperson)	Councillor
	Director, Development & Environment
	Manager, Environmental Services
	Natural Resources Manager
	Environmental Projects Officer

Agency Representatives
Name	Title	Organisation	Coast, estuary, flood
Tina Clemens	NRM Project Officer	DPI - Lands	All
Mick Northam Scott Anderson (alternative)	Fisheries Officer	DPI - Fisheries	Coast and estuary
Shane Robinson Geoff James (alternative)	Manager, Hastings Macleay Area North Coast Branch	DPIE - NPWS	Coast and estuary
John Schmidt Toong Chin (alternative)	Natural Resource Officer - Water, Floodplains & Coast	DPIE - Biodiversity and Conservation Division	Coast and estuary
Nic Denshire Toong Chin (alternative)	Principal Floodplain Officer - Water, Floodplains & Coast	DPIE - Biodiversity and Conservation Division	Flood
Paul Burg Maria Frazer (alternative)	Local Commander, Hastings Cluster	SES	Flood
Matt Dawson Andre Uljee (alternative)	Boating Safety Officer	RMS	Coast and estuary

3.2 Obligations of Members

· Act honestly and in good faith.

· To act professionally and respectfully.

· Act impartially at all times.

· Participate actively in the work of the Sub-Committee.

· Exercise the care, diligence and skill that would be expected of a reasonable person in comparable circumstances.

· Comply with this Charter at all times.

· Facilitate and encourage community engagement with the Sub-Committee and Council.

· As per Section 226 (c) of the NSW Local Government Act 1993, the Mayor is the principal spokesperson for the governing body and Councillors that are members of a Sub-Committee are to obtain the Mayor’s agreement to make media and other statements. Further, only the Mayor, or a Councillor with the Mayor’s agreement and otherwise in accordance with Council policies and procedures, may release Council information through media statements or otherwise, and the release of such information must be lawful under the Council adopted Code of Conduct.

· A Councillor as a member of a Sub-Committee or the Sub-Committee itself has no delegation or authority to make decisions on behalf of Council, nor to direct the business of Council. The only decision making power open to Councillors is through formal resolutions of Council.

· A Councillor as a member of a Sub-Committee or the Sub-Committee itself cannot direct staff and must abide by the decisions of Council and the policies of Council.

· Councillors, Council staff and members of this Sub-Committee must comply with the applicable provisions of Council’s Code of Conduct in carrying out the functions as Council officials. It is the personal responsibility of Council officials to comply with the standards in the Code of Conduct and regularly review their personal circumstances with this in mind.

3.3 Member Tenure

Sub-Committee members will serve for a period of five (5) years after which Council will call expressions of interest for the next five (5) year period. Existing Sub-Committee members will be eligible to re-apply for a position and serve additional terms. Any changes in the composition of the Sub-Committee requires the approval of Council.

3.4 Appointment of Members

· A formal Expression of Interest process will be undertaken across the Local Government Area as a way of determining the independent representatives on the Sub-Committee.

· Applications from individuals and representatives from interest groups, and who meet the selection criteria will be encouraged.

· Council, by resolution duly passed, will appoint members to the Sub-Committee.

4.0 TIMETABLE OF MEETINGS

Meetings will be held quarterly as a minimum or more regularly if required. Meetings will generally be held at the main administration office of Port Macquarie-Hastings Council.

5.0 MEETING PRACTICES

5.1 Decision Making

· Recommendations of the Sub-Committee shall be by majority of the members present at each Meeting and each member shall have one (1) vote.

· The Chairperson shall not have a casting vote.

· In the event of an equality of votes on any matter, the matter shall be referred directly to Council’s Executive Group and then to Council.

· Recommendations from the Sub-Committee are to be made through the relevant Director, who will determine under delegation, the process for implementation.

· The Sub-Committee has no delegation to allocate funding on behalf of Council. The Sub-Committee may make recommendations to Council about how funding should be spent in relation to the above-mentioned objectives, however those funds will only be applied and expended following a formal resolution of Council.

· The Sub-Committee may establish working groups to support actions and activities within the strategies or to assist in the delivery of projects and events as deemed appropriate. All projects are to be aligned with Council’s suite of Integrated Planning and Reporting documents.

5.2 Quorum

The quorum for the Sub-Committee will be half of the members plus one. A quorum must include a minimum of one (1) Councillor and one (1) Council staff member being present.

5.3 Chairperson and Deputy Chairperson

· The Chairperson shall be the Councillor, Chair Coast, Estuary and Floodplain Sub-Committee

· At all Meetings of the Sub-Committee, the Chairperson shall occupy the Chair and preside. In the absence of the Chairperson the Director will act as Chairperson for that meeting.

5.4 Secretariat

· The Director is responsible for ensuring the Sub-Committee has adequate secretariat support.

· The secretariat will ensure that the business paper and supporting papers are circulated at least three (3) days prior to each meeting.

· Minutes shall be appropriately approved and circulated to each member within three (3) weeks of a meeting being held.

· All Sub-Committee agendas and minutes will be made available to the public via Council’s web site, unless otherwise restricted by legislation.

5.5 Recording of decisions and explicit discussions on risks

The Secretariat shall record all discussions that relate to risks.

6.0 CONVENING OF “OUTCOME SPECIFIC” WORKING GROUPS

· The Sub-Committee can at times request a working group to be convened, for a limited period of time, for a specific action, these specifics will be minuted clearly. The working group will report back to the Sub-Committee with outcomes.

· Any working groups established under this Sub-Committee will be responsible for providing updates to the Sub-Committee. The working groups will be an informal gathering with notes collected and managed by the senior staff member in attendance and will be tabled at the Sub-Committee meetings.

7.0 CONFIDENTIALITY AND CONFLICT OF INTEREST

· Any independent members of the Sub-Committee will be required to complete a confidentiality agreement that will cover the period of their membership of the Sub-Committee.

· Sub-Committee members must declare any conflict of interests at the start of each meeting or before discussion of a relevant item or topic. Details of any conflicts of interest should be appropriately minuted.

· Where members or invitees at Sub-Committee meetings are deemed to have a real or perceived conflict of interest, it may be appropriate that they be excused from Sub-Committee deliberations on the issue where the conflict of interest may exist

Coast, Estuary & Floodplain Sub-Committee

ATTENDANCE REGISTER

Community Representatives	Representing	Catchment	Expertise Area	Date	Date	Date
Alan MacIntyre	Community	Camden Haven	Coast, Estuary
Bob Jolly	Community	Lake Cathie	Coast, Estuary
Kingsley Searle	Oyster Industry	Hastings	Coast & Estuary
Tony Troup	Oyster Industry	Camden Haven	Coast & Estuary
Paul Hyde	Fishing Industry	Hastings	Coast & Estuary
Vacant	Development Industry	Hastings	Flood
Vacant	Development Industry	Camden Haven	Flood
Vacant	Community	Hastings	Flood
Vacant	Community	Camden Haven	Flood
Vacant	Community - Revive Lake Cathie	Lake Cathie	Flood
Council Representatives
Councillor Peter Alley (Chair)
Councillor Lisa Intemann (Deputy Chair)
Director Development & Environment - Melissa Watkins
Group Manager Regulatory & Environment Services - Debbie Archer
Natural Resources Manager - Blayne West
Environmental Projects Officer - Jesse Dick
Agency Representatives	Title	Organisation	Expertise Area
Tina Clemens	NRM Project Officer	DPI - Lands	Coast, Estuary, Flood
Michael Northam Scott Anderson (alt.)	Fisheries Officer	DPI - Fisheries	Coast, Estuary
Shane Robinson Geoffrey James (alt.)	Manager, Hastings Macleay Area North Coast Branch	DPIE - NPWS	Coast, Estuary
John Schmidt	Natural Resource Officer - Water, Floodplains & Coast	DPIE - Biodiversity & Conservation Division	Coast, Estuary
Nic Denshire	Principal Floodplain Officer - Water, Floodplains & Coast	DPIE - Biodiversity & Conservation Division	Flood
Paul Burg Maria Fraser (alt.)	Local Commander, Hastings Cluster	SES	Flood
Matt Dawson Andre Uljee (alt.)	Boating Safety Officer	RMS	Coast, Estuary

Key: P = Present

A = Absent With Apology

X = Absent Without Apology

MINUTES

Coast, Estuary & Floodplain Advisory Sub-Committee Meeting

28/03/2019

PRESENT

Members:

Councillor Mike Cusato (Chair)

Alan MacIntyre (Community Rep.)

Bob Jolly (Community Rep. - Lake Cathie)

Kingsley Searle (Oyster Industry & Community Rep – North Shore)

Laurie Lardner (Community Rep.)

Patrick McEntee (Community Rep.)

Staff:

Melissa Watkins (PMHC)

Blayne West (PMHC)

Gordon Cameron (PMHC)

Jesse Dick (PMHC)

Agencies:

Michael Northam (DPI - Fisheries)

John Schmidt/Nicholas Denshire (Office of Environment & Heritage)

Andre Uljee (Maritime Division - RMS)

Maria Frazer (State Emergency Services)

Michael Stubbs represented Paul Burg (State Emergency Services)

Michael Barberie represented Tina Clemens (Lands Department)

Geoffrey James represented Shane Robinson (National Parks Wildlife Service)

Other Attendees:

Chris Thomas (Advisian - consultant)

Lih Chong (Jacobs - consultant)

Mark Edenborough (PMHC - Stormwater)

Caroline Ortel (Office of Environment & Heritage)

The meeting opened at 2.00pm.

01 ACKNOWLEDGEMENT OF COUNTRY

The Acknowledgement of Country was not delivered.

02 APOLOGIES

That the following apologies be accepted:

Councillor Rob Turner (Deputy Chair)

Maria Doherty (PMHC)

Paul Burg (State Emergency Services)

Tony Troup (Oyster Industry)

Tina Clemens (Lands Department)

Shane Robinson (National Parks Wildlife Service)

Matt Dawson (Maritime Division - RMS)

Council staff to follow up with Paul Hyde and Adrian Button to confirm whether they still wish to be active members of the committee noting that Adrian Button has recently moved to Queensland and the Hastings Fisherman’s Co-op has closed.

03 CONFIRMATION OF MINUTES

CONSENSUS

That the Minutes of the Coast, Estuary & Floodplain Advisory Sub-Committee Meeting held on 31 July 2018 be confirmed.

04 DISCLOSURES OF INTEREST

There were no disclosures of interest presented.

05 BUSINESS ARISING FROM PREVIOUS MINUTES

Nil.

09 Impacts of the Recent Climate Change Decision of Council on Floodplain Management

Committee members agreed to bring Item 9 forward for discussion.

There was robust discussion on various aspects of the report.

Committee members strongly disagreed with the new policy direction on the basis the 900mm sea level rise requirement has been in place for many years and change will create uncertainty. The committee noted that there will be many wide ranging implications as a result of the new policy direction.

Chair Cusato proposed to discuss the recent decision with Councillors and Staff.

Mellissa Watkins proposed a further briefing with Councillors and Staff.

CONSENSUS

That the Committee recommend Council review the decision/report.

06 Hibbard Precinct Flood Study - Draft Report

Chris Thomas (Advisian) provided a detailed presentation on the report. The presentation was well received by the committee.

Kingsley Searle noted importance of Connection Creek on flooding in the lower Hastings catchment.

Gordon Cameron discussed the next stage of the project after the flood study (ie. The management study).

CONSENSUS

That the Committee recommend to Council, that the draft Hibbard Precinct Flood Study (2019) be placed on public exhibition for not less than 28 days.

08 Lake Cathie Fish Kill

Committee members agreed to bring Item 8 forward for discussion.

There was general discussion on various aspects of the report.

Bob Jolly queried whether Council had been in contact with the media to explain the current situation, especially considering the formulation of the new community action group. Melissa Watkins confirmed that Council had been contacted by the media on numerous occasions and Council had provided information on the management issues of the lake system.

Kingsley Searle questioned how quickly Council can initiate an opening if required. Gordon Cameron confirmed that machinery can be mobilised within days, however optimum conditions are unlikely to be present for a low level opening regardless of how quickly an opening can occur.

CONSENSUS

That the Committee note the report on the Lake Cathie Fish Kill.

07 North Brother Local Catchments Flood Study - Draft Report

Mark Edenborough (PMHC – stormwater) provided a background to the project.

Lih Chong (Jacobs) provided a detailed presentation on the report. The presentation was well received by the committee.

Gordon Cameron discussed the next stage of the project after the flood study (ie. The management study).

CONSENSUS

That the Committee recommend to Council that the draft North Brother Local Catchments Flood Study (2019) be placed on public exhibition.

Item - 08 Lake Cathie Fish Kill - has been moved to another part of the document.

Item - 09 Impacts of the Recent Climate Change Decision of Council on Floodplain Management - has been moved to another part of the document.

10 Active Coast, Estuary & Floodplain Projects Status Update

Jesse Dick presented the report.

CONSENSUS

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

11 GENERAL BUSINESS

11.01 Committee Membership

Patrick McEntee and Alan MacIntyre both advised the committee of poor health and confirmed their wish to continue on the committee.

Laurie Lardner noted Thor Aaso’s resignation from Council and queried whether a new Acid Sulphate Soils (ASS) officer would be employed to replace Thor. Gordon Cameron confirmed that Blayne West has taken this role.

Laurie Lardner confirmed that this would be his last meeting and would be resigning from the committee. Laurie Lardner spoke highly of the committee and its achievements for the community over the past years. Specifically the ASS program and the change to dredging activities in the estuaries. Laurie Lardner also commended Councillor Lisa Intemann for her work in this area and her contribution on previous committees. Councillor Cusato & Gordon Cameron both thanked Laurie Lardner for his attendance over many years and confirmed that his contribution was greatly valued and that his resignation will be a loss for both the committee and the community as a whole.

Jesse Dick noted that new memberships to the committee may be required due to absences created since the Coast & Estuary and Floodplain committees merged in 2015. Gordon Cameron noted a good spread of members across the main estuary areas, however more experience in flooding would be useful. Council will consider the membership of the Committee and will advertise for expressions of interest for new committee members with an interest in floodplain management – ie. one each from the Camden Haven and Hastings floodplains in particular.

11.02 Forestry Operations, Lorne State Forest

Gordon Cameron at the request of Tony Troup noted the Forestry operations occurring within the Lorne State Forest, particularly at Cold Nob Road. Gordon Cameron confirmed that Blayne West has raised this issue with NSW Forestry and a response will be provided at the next meeting.

11.03 Personal Watercraft Use in Local Waterways

Gordon Cameron noted that there has been reports from the community about personal watercraft use (Jet Ski’s) within local waterways. Andre Uljee (RMS) requested that Council ensure that state government agencies be made aware when issues arise that they are responsible for managing. Melissa Watkins confirmed that Council aims to contact agencies as soon as issues arise so that they can be involved. However this issue stemmed from a Councillor request on a matter that had occurred over 12 months ago which only came to light via a community strategic planning meeting held earlier in the year.

The meeting closed at 4.51pm.

AGENDA Coast, Estuary & Floodplain Advisory Sub-Committee 30/01/2020

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, the undersigned, hereby 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:

Please submit to the Governance Support Officer at the Council Meeting.

(Refer to next page and the Code of Conduct)

Pecuniary Interest

4.1 A pecuniary interest is an interest that you have in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to you or a person referred to in clause 4.3.

4.2 You will 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 you might make in relation to the matter, or if the interest is of a kind specified in clause 4.6.

4.3 For the purposes of this Part, you will have a pecuniary interest in a matter if the pecuniary interest is:

(a) your interest, or

(b) the interest of your spouse or de facto partner, your relative, or your partner or employer, or

4.4 For the purposes of clause 4.3:

(a) Your “relative” is any of the following:

i) your parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child

ii) your spouse’s or de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child

iii) the spouse or de facto partner of a person referred to in paragraphs (i) and (i)

(b) “de facto partner” has the same meaning as defined in section 21C of the Interpretation Act 1987.

4.5 You will not have a pecuniary interest in relation to a person referred to in subclauses 4.3(b) or (c)

(a) if you are unaware of the relevant pecuniary interest of your spouse, de facto partner, relative, partner, employer or company or other body, or

(b) just because the person is a member of, or is employed by, a council or a statutory body, or is employed by the Crown, or

(c) just because the person is a member of, or a delegate of a council to, a company or other body that has a pecuniary interest in the matter, so long as the person has no beneficial interest in any shares of the company or body.

Non-Pecuniary

5.1 Non-pecuniary interests are private or personal interests a council official has that do not amount to a pecuniary interest as defined in clause 4.1 of this code. These commonly arise out of family or personal relationships, or out of involvement in sporting, social, religious or other cultural groups and associations, and may include an interest of a financial nature.

5.2 A non-pecuniary conflict of interest exists where a reasonable and informed person would perceive that you could be influenced by a private interest when carrying out your official functions in relation to a matter.

5.3 The personal or political views of a council official do not constitute a private interest for the purposes of clause 5.2.

5.4 Non-pecuniary conflicts of interest must be identified and appropriately managed to uphold community confidence in the probity of council decision-making. The onus is on you to identify any non-pecuniary conflict of interest you may have in matters that you deal with, to disclose the interest fully and in writing, and to take appropriate action to manage the conflict in accordance with this code.

5.5 When considering whether or not you have a non-pecuniary conflict of interest in a matter you are dealing with, it is always important to think about how others would view your situation.

Managing non-pecuniary conflicts of interest

5.6 Where you have a non-pecuniary conflict of interest in a matter for the purposes of clause 5.2, you must disclose the relevant private interest you have in relation to the matter fully and in writing as soon as practicable after becoming aware of the non-pecuniary conflict of interest and on each occasion on which the non-pecuniary conflict of interest arises in relation to the matter. In the case of members of council staff other than the general manager, such a disclosure is to be made to the staff member’s manager. In the case of the general manager, such a disclosure is to be made to the mayor.

5.7 If a disclosure is made at a council or committee meeting, both the disclosure and the nature of the interest must be recorded in the minutes on each occasion on which the non-pecuniary conflict of interest arises. This disclosure constitutes disclosure in writing for the purposes of clause 5.6.

5.8 How you manage a non-pecuniary conflict of interest will depend on whether or not it is significant.

5.9 As a general rule, a non-pecuniary conflict of interest will be significant where it does not involve a pecuniary interest for the purposes of clause 4.1, but it involves:

a) a relationship between a council official and another person who is affected by a decision or a matter under consideration that is particularly close, such as a current or former spouse or de facto partner, a relative for the purposes of clause 4.4 or another person from the council official’s extended family that the council official has a close personal relationship with, or another person living in the same household

b) other relationships with persons who are affected by a decision or a matter under consideration 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 the council official and an organisation (such as a sporting body, club, religious, cultural or charitable organisation, corporation or association) that is affected by a decision or a matter under consideration that is particularly strong. The strength of a council official’s affiliation with an organisation is to be determined by the extent to which they actively participate in the management, administration or other activities of the organisation.

d) membership, as the council’s representative, of the board or management committee of an organisation that is affected by a decision or a matter under consideration, in circumstances where the interests of the council and the organisation are potentially in conflict in relation to the particular matter

e) a financial interest (other than an interest of a type referred to in clause 4.6) that is not a pecuniary interest for the purposes of clause 4.1

f) the conferral or loss of a personal benefit other than one conferred or lost as a member of the community or a broader class of people affected by a decision.

5.10 Significant non-pecuniary conflicts of interest must be managed in one of two ways:

a) by not participating in consideration of, or decision making in relation to, the matter in which you have the significant non-pecuniary conflict of interest and the matter being allocated to another person for consideration or determination, or

b) if the significant non-pecuniary conflict of interest arises in relation to a matter under consideration at a council or committee meeting, by managing the conflict of interest as if you had a pecuniary interest in the matter by complying with clauses 4.28 and 4.29.

5.11 If you determine that you have a non-pecuniary conflict of interest in a matter that is not significant and does not require further action, when disclosing the interest you must also explain in writing why you consider that the non-pecuniary conflict of interest is not significant and does not require further action in the circumstances.

5.12 If you are a member of staff of council other than the general manager, the decision on which option should be taken to manage a non-pecuniary conflict of interest must be made in consultation with and at the direction of your manager. In the case of the general manager, the decision on which option should be taken to manage a non-pecuniary conflict of interest must be made in consultation with and at the direction of the mayor.

5.13 Despite clause 5.10(b), a councillor who has a significant non-pecuniary conflict of interest in a matter, may participate in a decision to delegate consideration of the matter in question to another body or person.

5.14 Council committee members are not required to declare and manage a non-pecuniary conflict of interest in accordance with the requirements of this Part where it arises from an interest they have as a person chosen to represent the community, or as a member of a non-profit organisation or other community or special interest group, if they have been appointed to represent the organisation or group on the council committee.

SPECIAL DISCLOSURE OF PECUNIARY INTEREST DECLARATION

This form must be completed using block letters or typed.

If there is insufficient space for all the information you are required to disclose,

you must attach an appendix which is to be properly identified and signed by you.

[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 the affected principal place of residence of the councillor or an associated person, company or body (the identified land)

Relationship of identified land to councillor

[Tick or cross one box.]

 The 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).

 An associated person of the councillor has an interest in the land.

 An associated company or body of the councillor has interest in the land.

MATTER GIVING RISE TO PECUNIARY INTEREST[1]

Nature of land that is subject to a change

in zone/planning control by proposed

LEP (the subject land2

[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 or associated person

[Tick or cross one box]

 Appreciable financial gain.

 Appreciable financial loss.

[If more than one pecuniary interest is to be declared, reprint the above box and fill in for each additional interest]

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

This form is to be retained by the council’s general manager and included in full in the minutes of the meeting

Last Updated: 3 June 2019

Important Information

This information is being collected for the purpose of making a special disclosure of pecuniary interests under clause 4.36(c) of the Model Code of Conduct for Local Councils in NSW (the Model Code of Conduct).

The special disclosure must relate only to a pecuniary interest that a councillor has in the councillor’s principal place of residence, or an interest another person (whose interests are relevant under clause 4.3 of the Model Code of Conduct) has in that person’s principal place of residence.

Clause 4.3 of the Model Code of Conduct states that you will have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relative or because your business partner or employer has a pecuniary interest. You will 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.

“Relative” is defined by clause 4.4 of the Model Code of Conduct 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.

You must not make a special disclosure that you know or ought reasonably to know is false or misleading in a material particular. Complaints about breaches of these requirements are to be referred to the Office of Local Government and may result in disciplinary action by the Chief Executive of the Office of Local Government or the NSW Civil and Administrative Tribunal.

This form must be completed by you before the commencement of the council or council committee meeting at 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.

[1] Clause 4.1 of the Model Code of Conduct 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 clause 4.6 of the Model Code of Conduct.

2 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 clause 4.3 of the Model Code of Conduct has a proprietary interest

AGENDA Coast, Estuary & Floodplain Advisory Sub-Committee 30/01/2020

Item: 06

Subject: Membership of the Coast, Estuary and Floodplain Advisory Sub-Committee

Presented by: Development and Environment, Melissa Watkins

RECOMMENDATION

That the Committee:

1. Note the report; and

2. Note that Councillor Peter Alley has been appointed as Chair and Deputy Mayor Lisa Intemann has been appointed as Alternate Chair.

Discussion

At the March 2019 meeting of the Coast, Estuary and Floodplain Advisory Sub-Committee (CE&F) it was noted that new memberships may be required due to vacancies that have been created since the Coast and Estuary and Floodplain committees merged in 2015.

In addition to recruiting new members, staff took the opportunity to revise and update the committee’s charter. The objectives of this review were to ensure:

· that the Charter is consistent with other committees of Council and Council’s adopted Code of Conduct and Code of Meeting Practice

· equitable community representation for the main catchments within the PMHC LGA

· an equitable representation of members with skills and knowledge in floodplain management, coastal management and estuary management.

At the 21 August 2019 meeting, Council resolved to adopt a new CE&F charter, a revised membership composition and proceed to seek formal Expressions of Interest for recruitment of new members as follows.

RESOLVED: Cusato/Turner

That Council:

1. Adopt the revised Coast, Estuary and Floodplain Sub-Committee Charter as included in Attachment 2 to the report.

2. Adopt the revised membership composition of the Coast, Estuary and Floodplain Sub-Committee which provides for equitable representation for key catchment areas and an even spread across the flood management, coastal management and estuary management disciplines as follows:

3. Proceed to seek formal Expressions of Interest for replacement and new members for the Coast, Estuary and Floodplain Sub-Committee.

Following the August 2019 Ordinary Council meeting staff initiated an Expression of

Interest (EOI) process in order to recruit suitable new members to the CEF Sub-

Committee.

At the close of the EOI period there was an insufficient pool of applications to

progress to appointments of representatives of both industry and general community

members.

Accordingly, a report was prepared for Council in December which provided an update on the recruitment process. At the 12 December 2019 meeting Council resolved to re-initiate the recruitment process.

RESOLVED: Intemann/Turner

That Council:

1. Note the information contained in the report.

2. Write to people who have submitted an application (Expression of Interest) and advise of Council’s decision to re-initiate the recruitment process next year and that they do not need to re-apply.

3. Appoint Councillor Peter Alley as the Chair of the Coast, Estuary and Floodplain Sub-Committee and Deputy Mayor Intemann as Alternate Chair.

4. Recognise the highly valued and significant contribution to this Sub-Committee continuously since 1995 of Laurie Lardner and Patrick McEntee, sadly deceased during 2019, and report this resolution to the next meeting of the Sub-Committee.

5. Council receive an update report on recruitment at the April 2020 Ordinary Council meeting.

Note: Refer to separate agenda item in relation to point 4 of the above resolution.

Accordingly, staff will recommence the EOI procedure in February 2020. During the new recruitment phase existing Coast, Estuary and Floodplain Sub-Committee members will be consulted with to ensure a wide audience is reached when recruiting for the positions.

Council also propose to recruit for the Fishing Industry - Hastings - Coast & Estuary position, as the current member has not attended meetings for some time and is not contactable.

At the recently held Lake Cathie key community stakeholder and agency meetings it was identified that a representative from the Biripi Local Aboriginal Land Council (LALC) could should attend future Coast, Estuary and Floodplain Advisory Sub-Committee meetings. As the August 2019 Council meeting did not include a position for the attendance of a LALC representative, it is proposed that the Biripi LALC be invited to attend meetings as a guest. The committee is requested to consider this proposal and discuss the potential to include a Biripi LALC rep as a regular member to CE&F meetings in the future.

In addition, due to the ongoing significant concerns with the condition of the Lake Cathie/Lake Innes Estuarine system and the time taken to recruit new members to the sub-committee it was agreed at the Community Stakeholder meeting in December 2019 that a member from that forum be nominated to attend the sub-committee on behalf of the community stakeholders until membership is confirmed. The Community Stakeholder forum nominated Mr David Curry of Revive Lake Cathie to attend.

Council staff will undertake the extended EOI process immediately following the CE&F sub-committee meeting in order to report back to Council at the April 2020 meeting.

An update on the EOI process will be provided to CE&F committee members at a future meeting.

Attachments

1 ⇩. Council Meeting - AGENDA, August 2019

2 ⇩. Council Meeting - MINUTES - August 2019

3 ⇩. Committee CHARTER - Adopted August 2019

4 ⇩. Council Meeting - AGENDA - December 2019

5 ⇩. Council Meeting - MINUTES - December 2019

AGENDA Coast, Estuary & Floodplain Advisory Sub-Committee 30/01/2020

Item: 08

Subject: North Brother Local Catchments Flood Study - Stage 2 - Floodplain Risk Management Study - Initial Options Assessment Report

Presented by: Development and Environment, Melissa Watkins

RECOMMENDATION

That the Committee:

1. Note the progress made in commencing the North Brother Local Catchments Floodplain Risk Management Study

2. Endorse the North Brother Local Catchments Flood Study Working Draft Options Report.

3. Recommend that the North Brother Local Catchments Flood Study Working Draft Options Report be placed on public exhibition for 28 days.

4. Provide feedback on any preferences for location/options to be included in the detailed assessment and prioritisation of options, which will ultimately be utilised to inform the Floodplain Risk Management Study phase of the project.

Discussion

Following the adoption of the North Brother Local Catchments Flood Study by Council in July 2019, Council has entered Phase 2 of this ongoing project, being the completion of the North Brother Local Catchments Floodplain Risk Management Study (FRMS).

In this regard, 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 - Adopted by Council 19 July 2019	Determines the nature and extent of the flood problem.
2. Floodplain Risk Management Study - Presently Underway	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.

Following the completion of the Flood Study Phase and in commencing the FRMS phase of this project, Council, via consultants Jacobs Pty Ltd have completed the following:

Flood Level Survey

Based on an analysis of the impacts of the flooding identified by the Flood Study, a floor level survey was undertaken in October 2019 for selected properties in the study area. This involved the survey of the minimum habitable floor level of some 270 buildings which were identified based on the presence of potential high hazard flooding to the dwelling in the modelled 1% AEP storm event. A map of the surveyed propertied is included at Attachment 1.

The floor level of remaining properties (those located clear of modelled high hazard flooding to the dwelling in the modelled 1% AEP) were estimated to be 200mm above the height of the ground level at the dwelling.

Determination of Above Flood Level Flooding

Utilising the floor level information obtained above, mapping of above floor level flooding in the 0.2EY, 5%, 2%, 1%AEP and PMF flood events was undertaken to visually identify those properties impacted by flooding of varying magnitudes. A copy of the ‘above-floor flooding at dwellings’ mapping is included within the attached North Brother Local Catchments Flood Study Working Draft Options Report, Attachment 2.

The mapping illustrates priorities for flood mitigation works by identifying vulnerable properties and areas within the catchment.

Of particular interest, the mapping illustrates the following:

· 462 residential properties are at risk of habitable floor flooding during a 1% AEP storm event in the catchment,

· A further 27 non-residential/commercial properties are also modelled to be subject to inundation of habitable floor levels during a 1% AEP storm event.

· If the required freeboard height is added to the flood levels, those figures jump to 834 and 89 respectively.

· More significantly and in reflection of the scale of inadequacy of existing infrastructure and controls, 161 residential properties and 10 non-residential/properties are identified as being at risk of over floor level flooding during a comparatively common 20% AEP storm event (334 and 31 respectively when the required freeboard height is added to the flood levels).

· Properties identified as being at risk of above floor level flooding are not confined to one area, and are spread throughout the catchment, demonstrating that multiple solutions of varying scales will be required.

Whilst only a snapshot of the figures presented in the report, the mapping and above figures clearly outlines the scale of the significant stormwater related issues impacting the catchment.

Identification of Sensitive Properties and Critical Infrastructure

In addition to determining the quantum of properties impacted by above floor level flooding generally, sensitive properties and critical infrastructure within the study area were also identified and mapped. Sensitive properties and critical infrastructure includes schools, pre-schools, aged care facilities, emergency services and the like.

Utilising the mapping, Flood Study phase outcomes and floor level data, the sensitive properties and critical infrastructure identified as being directly affected by overland flooding are summarised below:

For reference, the flood hazard categories are as follow:

o H1 – Generally safe for people, vehicles and buildings

o H2 – Unsafe for small vehicles

o H3 - Unsafe for vehicles, children and the elderly

o H4 - Unsafe for people and vehicles

o H5 - Unsafe for people and vehicles. Buildings require special engineering design and construction

o H6 – Unsafe for people or vehicles. All buildings types considered vulnerable to failure.

Flood Damages Assessment

Jacobs then undertook a Flood Damages Assessment in accordance with the procedures outlined in the Floodplain Development Manual, NSW Government, 2005. Details of the procedures followed can be found in the attached Working Draft Options Report, however the table below summarises the estimated tangible flood damages due to overland flooding as identified by the North Brother Local Catchments Flood Study:

The values in the table above reflect the Annual Average Damage (AAD). The AAD is equal to the total damage caused by all floods over a long period of time divided by the number of years in that period. The AAD for the existing case then provides a benchmark by which to assess the merit of flood management options.

Key findings are:

· The residential AAD for the study area is $17.6 million.

· The commercial/non-residential AAD is $1.7 million.

While flood damage estimates for the study area are indicative only, they are useful in the evaluation of flood management options, aimed at reducing flood damage estimates while being economically viable to implement.

Identification of Floodplain Risk Management Measures

Following completion of the Damages Assessment the next stage of the project is to identify, assess and compare various floodplain risk management options to deal with the identified flood risks in the study area considering and assessing their social, economic, ecological and cultural impacts and their ability to mitigate flood impacts.

Utilising the list of flooding hotspots identified by the Flood Study in combination with the information summarised above, Jacobs have identified an initial priority list of 16 key locations for flood mitigation works as outlined below:

1. Black Swan Terrace, West Haven

2. Ringtail Close and Sirius Drive, Lakewood

3. Lilli Pilli Close, Lakewood

4. Mission Terrace, Lakewood

5. Kirmington Terrace to Pelican Court, West Haven

6. Flinders Drive Estate, West Haven

7. Tunis Street Overland Flow Path, Laurieton

8. Quarry Way Overland Flow Path, Laurieton

9. Lake Street at Seymour Street, Laurieton

10. St Joseph’s School, Laurieton

11. Harbourside Crescent Villas and Bold Street, Laurieton

12. Norman Street and Mill Street, Laurieton

13. Sirius Drive, Honeysuckle Avenue and Mahogany Close, Lakewood

14. Elouera Place, West Haven

15. Sandpiper Close, Lakewood

16. Ocean Drive East of Hoschke Road, West Haven

Conceptual mitigation options at each of these locations vary, however generally include such measures as open channel construction and augmentation, provision of new/upgraded stormwater pipe/culvert infrastructure, provision of protection berms/bunds upstream of property, stormwater detention facilities, verge modifications to deflect water and kerb inlet improvements.

Furthermore, and specifically with reference to potential private property impact, there are two locations where voluntary property acquisitions are identified as potential options (Pelican Court and Kermington Terrace), and three locations where block walls, structural works and flood proofing is an option within allotments (Harbourside Crescent Villas, Laurieton RSL and Laurieton Hotel/Bottle Shop).

Each of the identified preliminary options identified has also been assessed, with a priority assigned based on factors including:

· Identification of locations as critical flood problem areas

· Areas of high flood hazard

· Areas with above-floor flooding of dwellings particularly in more frequent events

· Presence of flood problems on sensitive properties

· Perceived difficulties or constraints in implementing the options e.g. environmental constraints, works required on private property, presence/conflicts with existing structures and utilities, etc.

· Lower priority sites could potentially be raised in priority if low-cost options are identified for flood mitigation.

Table 3-5 of the attached “North Brother Local Catchments Flood Study - Working Draft Options Report” summarises the options identified, any constraints, benefits, opportunities and defines the preliminary priority assigned for detailed assessment.

Preliminary High Priority Options

As can be seen in the attached report, options identified at four of the 16 locations have been assigned a preliminary High priority for further assessment. The report also notes that Council is currently designing and planning to implement flood mitigation measures at Black Swan Terrace as the highest priority site, in addition to the four listed in the report.

Those High priority options are defined further below for reference.

a. Kirmington Terrace to Pelican Court, West Haven

This area is identified as a critical flood problem area with significant flooding of properties in Koonwarra Street, Captain Cook Bicentennial Drive villas, Ocean Drive and Pelican Court. The flood hazard is high to very high (H4, some H5) on properties and on roads in the 1% AEP event. The area is highly affected in frequent events such as the 0.2EY event.

Five options have been identified to mitigate the flooding and risks at this location, with three of those assessed as a high priority, being:

· Option 4A - voluntary acquisition of at least one property in Koonwarra Street (number 53, and possibly number 51) which has floodway and H5 flood hazard conditions.

o High property prices are listed as a constraint for this option, however proceeding with this option would realise the removal of at least one property from a high hazard floodway and result in substantial improvements to five other nearby properties in Koonwarra Terrace.

· Option 4B - new additional trunk drainage pipelines (2x 1200mm diameter), intercepting flows at the downstream end of the channel on Captain Cook Bicentennial Drive villas, running across Ocean Drive and under The Gateway, discharging to receiving waterway to the north of Pelican Court.

o Potential service clashes and conflicts with existing infrastructure will constrain the development of this option, however the proposal would result in a reduction in 1%AEP flows in Pelican Court by 25%.

· Option 4C - voluntary acquisition of one property, either 7 or 9 Pelican Court, adjacent to the access road to form a larger flow path and provide additional capacity for flows out of Pelican Court sag.

o Similarly, to Option 4A, high property prices are listed as a constraint for this option, however proceeding with this option would realise the removal of at least one property from a high hazard floodway and result in substantial improvements to ten other nearby properties in Pelican Court.

See Attachment 2 for more detail.

b. Lake Street at Seymour Street, Laurieton

This corner property receives significant overland flows and trunk drainage flows from the Quarry Way flow path. There is an open channel and flow path through this property, where the dwelling is surrounded by high hazard flooding to depths of over 1m in the 1% AEP event. The floodwaters pond behind the raised road crest in Lake Street before overflowing over the road and around the southern side of the Laurieton United Services Club. It is identified as being affected by above-floor flooding.

Three options have been identified to mitigate the flooding and risks at this location, with one of which being assessed as a preliminary high priority:

· Option 8B – Installation of a debris inlet control structure at the culvert inlet.

o There are no significant constraints to the implementation of this option, however as with any inlet protection, regular inspection and maintenance is required to ensure reliability. This option results in a lowering of the floor levels over Lake Street and resultant reduction in flooding within the upstream private property.

See Attachment 2 for more detail.

c. St Joseph’s School, Laurieton

Flooding at the school results from a number of natural flow paths being directed down to Ocean Drive to three culvert crossings and into the school property. Flows exceed 0.5m deep in the 1% AEP event with areas of very high (H5) flood hazard.

Three options have been identified to mitigate the flooding and risks at this location, with two options, assessed as a preliminary high priority:

· In this scenario, both Options 9A and 9B consist of the same scope of works at alternate alignments some 60m apart - being the construction of new trunk drainage culverts along the length of the flow path (2x 3m x 1.2m box culvert) OR works to widen an existing open channel at each location.

o Both of these options are constrained by service/utility clashes in upstream Ocean Dr and disruptions to traffic and school operations during works, however bot also result in significant reductions in overland flooding within the school and reduced exposure of students and staff to flood flows.

See Attachment 2 for more detail.

d. Harbourside Crescent Villas and Bold Street, Laurieton

This property is listed as the Stockland Camden View Retirement Village and is located adjacent to a major natural overland flow path which flows down from North Brother Mountain, crossing Bold Street via an existing 1500mm diameter pipe. Flooding over Bold Street is significant with 0.2EY event flood depths over 0.5m and 1% AEP event flood depths of 0.6 – 0.8m and a very high H5 hazard rating.

Two options have been identified to mitigate the flooding and risks at this location, with one of which identified as a preliminary high priority:

· Option 10A - Upgrade existing 1500mm diameter cross drainage pipe to 2x 3m x 1.5m box culverts and provision of debris control screen upstream.

o These works are constrained by potential service clashes in Bold Street and the potential for significant traffic disruptions to that road during construction. However, the works do result in the provision of a 5% AEP capacity road drainage system and a significant reduction in risk to flooding of downstream villas within the Harbourside Crescent Villas.

See Attachment 2 for more detail.

In addition to the above and as noted, Black Swan Terrace has also been identified as a high priority location for investigation and concept design, however this location has been excluded from the assessment on the basis that it is currently the subject of a separately funded design and construction project being coordinated by Council. The works proposed by Council at this location include the construction of a stormwater basin, inlet protection device and diversion bund that function to both increase the capacity of the existing downstream piped drainage network and divert any remaining overland flows around those flood impacted propertied in Black Swan Terrace.

Conclusions and Next Steps

The committee is requested to:

1. Consider both the long list of options and locations nominated in the attached report and the preliminary high priority options listed for potential mitigation works.

2. Select a short list of options for further detailed assessment with the assistance of Jacobs.

3. Request Jacobs to undertake assessment of the short-listed options in the TUFLOW flood hydraulic model in addition to cost-benefit and multi-criteria analyses for evaluation of the options. Final testing of options will include combinations of options, which are likely to complement each other.

Accordingly, the Coast, Estuary and Floodplain Advisory Sub-Committees endorsement of the Working Draft Options Report (Attachment 2) and any feedback on the committee’s preferences for additional locations/options to be included, or current locations/options to be excluded from the detailed assessment and prioritisation of options are now sought.

Pending no objections to the report, the Committees endorsement to place the identified options on public exhibition for shortlisting is requested.

Attachments

1 ⇩. Map of Properties for Floor Level Survey

2 ⇩. North Brother Local Catchments Flood Study - Working Draft Options Report

AGENDA Coast, Estuary & Floodplain Advisory Sub-Committee 30/01/2020

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 & Floodplain projects.

Discussion

This report provides an update on active PMHC Coast, Estuary and Floodplain projects. Where applicable, each project has been listed with the current project cost and corresponding grant amount provided by DPIE (formerly OEH).

FLOODPLAIN MANAGEMENT

1. Hibbard Floodway Investigation - Current status - Suspended

Financial Breakdown

Items	Cost
Former total project cost	$114,650
Former OEH grant funding component	$76,433.33
Amount of money returned to OEH (November 2019)	$46,223.33
Council funding spent	$40,200
OEH grant funding spent	$30,210
Total amount of money spent	$70,410

Milestones completed to date

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

· This project was reported to the July 2019 Council Meeting. The flood study component (Stage 1) was completed in July 2019.

Identified issues to date

A range of issues have impacted Councils ability to deliver the project within the timeframes agreed to under the grant program (i.e. the NSW Floodplain Management Program). As a result, the Hibbard Floodway Investigation project has been suspended.

The main issues impacting this project include:

· This grant was initially placed on a ‘reserve list’ in December 2015 and from OEH’s perspective the grant commenced on this date, however the grant was not officially awarded until March 2016.

· The project budget was originally $50,000 based on estimates within the Hastings River Floodplain Risk Management Plan (2014). The accepted tendered price was ultimately $115,000 and while a grant variation/increase was approved by OEH, Council was advised that no further increase to funding would be approved.

· The December 2018 climate change decision delayed the project and diverted resources elsewhere, and when a time variation was subsequently approved by OEH (after awarding the tender), they advised Council that further increases to time would be unlikely.

· In January 2019, Council submitted a variation to extend the time by 14 months to July 2020. This was due to the complexities experienced in the floodway definition phase. When this variation was approved by OEH, Council was advised that no further extension to the time would be approved.

In addition to the above, the OEH grant unit have adopted new strict funding rules that reduces the flexibility of these types of long duration and variable scope projects.

Ramifications of issues

Council staff have discussed various way to maintain the Hibbard project, however the OEH grant unit have advised Council that given the current state of the project the grant should be terminated. As such, Council returned the unspent grant funds totalling $46,223.33.

Future works

Due to the development pressures in the Hibbard precinct and community expectations, it is proposed to commence the Floodplain Risk Management Study (FRMS) phase (stages 2 & 3) for this projects as soon as possible. It is expected a minimum delay of 18 months is likely. A new grant application may be made under the next grant funding round, however this will depend on the capacity of Council considering existing projects and resources.

2. Hastings River Climate Change Modelling - Current status - Completed

Financial Breakdown

Items	Cost
OEH grant funding component	$42,533.33
Council funded	$26,186.67
Total project cost	$68,720

Milestones

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

· This project was finalised with OEH in 2017.

· This project was reported to the December 2018 Council meeting and then to the November 2019 Council Meeting.

Refer to separate report titled ‘Floodplain management’ for further details.

3. Wrights Creek Flood Study Update, Climate Change Modelling & Floodplain Risk Management Study & Plan - Current status - Terminated

Financial Breakdown

Items	Cost
Former total project cost	$110,310
Former OEH grant funding component	$73,540
Amount of money returned to OEH (October 2019)	$52,060
Council funding spent	$22,566.67
OEH grant funding spent	$21,480
Total amount of money spent	$44,046.67

Milestones completed to date

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

· This project was reported to the December 2018 Council meeting.

· The flood study component (Stage 1) was completed in December 2018.

Identified issues to date

A range of issues have impacted Councils ability to deliver the project within the timeframes agreed to under the grant program (ie. the NSW Floodplain Management Program). As a result, the Wrights Creek Floodplain Management Plan project has been terminated.

The main issues impacting this project include:

· The December 2018 climate change decision delayed the project, by diverting resource elsewhere, and when a time variation was subsequently approved by OEH (after awarding the tender), Council was advised that further increases to time would be unlikely.

· Significant costs were wholly borne by Council after OEH did not agree to fund a share of the detailed feature survey due to a minor error by Council in the grant reporting process. This resulted in Council’s budget being adversely impacted.

Ramifications of issues

On 12 December 2018, Council also resolved to proceed to the next phase of the project, the Floodplain Risk Management Study and Plan (FRMP) (stages 2 & 3), however due to the termination of the project, the FRMP cannot proceed at this time. The FRMP phase involved investigating ways to improve the flood problem (ie. via road raising, bridge and culvert upgrades, levees etc.) within the Wrights Creek catchment.

Council returned the unspent grant funds totalling $52,000.

Future works

A new grant application may be made in the future to complete the final phase of the project, however this will depend on the capacity of council considering existing projects and resources.

4. North Brother Local Catchments Flood Study - Current status - Ongoing

Financial Breakdown

Items	Cost
Total project cost	$153,820
OEH grant funding component	$102,546.67
Council funding spent (to date)	$14,847.33
OEH grant funding spent (to date)	$29,694.67
Total amount of money spent (to date)	$44,542

Milestones completed to date

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

· Project is underway with the flood study component (Stage 1) adopted by Council at the July 2019 Council meeting.

· The Floodplain Risk Management Study - Options Assessment phase (stage 2) is now underway.

Refer to separate report for further details.

5. Hastings River Gauge Network Upgrades - Current status - Completed

Financial Breakdown

Items	Cost
Total project cost	$50,000
OEH grant funding component	$33,333
Council funding spent	$16,667
Total amount of money spent	$50,000

New flood gauge at Mundays Lane

Milestones completed to date

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

· This project is now complete, with Manly Hydraulics Laboratory (MHL) undertaking installation of the gauge in November 2019.

· The gauge is now operational and live data can be found at the following location: http://new.mhl.nsw.gov.au/Site-2074127 . The gauge provides instantaneous water level and hourly rainfall data. The data from this gauge is collected primarily to provide improved data for future flood studies however can be utilised by BOM for forecasting purposes and SES for emergency management.

This was the first gauge to be installed or upgraded within the Hastings Catchment. Several other gauges within the catchment (rainfall and/or river level and/or streamflow) been identified for installation or upgrade by MHL. Refer to below image.

MHL Hastings River catchment gauge network showing existing and proposed gauges.

Future works

Additional water level and rainfall gauges are proposed to be installed within the Hastings River catchment, including upstream of Koree Island, within the upper Maria River catchment (near Kundabung) and in the upper Wilson River catchment (near Mt Banda Banda). Upgrades to existing gauges to improve their functionality are also recommended, including the Wauchope Gauge, the Settlement Point Gauge, the Telegraph Point Gauge and the Green Valley gauge. New grant applications may be made under future grant funding rounds for the additional gauges, however this will depend on the capacity of Council considering existing projects and resources.

Dunbogan Flood Access Road – Construction - Current status - Ongoing

Financial Breakdown

Items	Cost
Total project cost	$1,500,000
OEH grant funding component	$1,000,000
Council funded	$500,000
Total amount of money spent to date	$nil (however contract has been awarded for road construction work worth $1,114,057.80 (ex GST)

Milestones completed to date

· Successful grant application under 2018-19 Floodplain Management funding round.

· Council has commenced work to upgrade the final stage of the Dunbogan Flood Access Road project with stage 1A works commencing on 6 January 2020.

· Works are being undertaken by EIRE constructions and are scheduled to be completed by late March 2020.

COASTAL MANAGEMENT

Illaroo Road Stormwater Redirection – Construction - Current Status - Ongoing

Financial Breakdown

Items	Cost
Total project cost	$865,803.93
OEH grant funding component	$432,901.97
Council funded	$432,901.97
Total amount of money spent (to date)	$nil (however contract has been awarded for archaeology work worth $24,450 (ex GST)

Milestones

· Successful grant application under 2017-18 Coastal Management funding round. Council applied for grant funding in early 2018 and were notified of our successful grant application in late October.

Identified issues to date

· The discovery of dumped asbestos and aboriginal archaeological deposits at the proposed outlet location has complicated matters and has delayed the project significantly.

Council have been successful in obtaining grant funding to remediate the asbestos and carry out initial investigations into the aboriginal archaeology. A consultant was engaged to carry out aboriginal investigation works which are due to commence early 2020.

Middle Rock and Chepana Street Stormwater Outlet – Maintenance Works - Current Status - Completed

Financial Breakdown

Items	Cost
Total project cost	$114,000
OEH grant funding component	$57,000
Council funding spent	$57,000
Total amount of money spent	$114,000

Milestones

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

· Construction works have been completed on two southernmost outlets (i.e at the Middle Rock Carpark and at the southern end of Chepana Street). These works were completed in late 2018/early 2019.

· This project is complete and the final grant funding claim forms were submitted in early 2019.

Lake Cathie CZMP – Funding Model - Current Status - Ongoing

Financial Breakdown

Items	Cost
Total project cost	$87,500
OEH grant funding component	$68,700
Council funded	$18,800
Total amount of money spent to date	$70,575.99

Milestones

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

· Project is underway with Marsden Jacob Pty Ltd engaged.

Future works

In addition to the Funding Model, this project now involves a review of the cost benefit analysis (CBA) previously completed by OEH in 2016. There have been significant delays in completing this project for numerous reasons. Primarily Council has been reliant on technical advice from DPIE which is still yet to be provided.

Flynns Beach Retaining Wall Replacement (Stage 1) - Current Status - Completed

Financial Breakdown

Items	Cost
Total project cost	$2,568,096
OEH grant funding component	$1,167,851.90
Council funded	$1,400,244.10
Total amount of money spent to date	$2,568,096

Milestones

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

· The procurement and tendering phase was finalised with a ‘Design and Construct’ methodology being adopted by the successful contractor.

· The project was assessed by Council’s Development Assessment team with approval granted in April 2019. Construction works commenced in May 2019 and were completed in November 2019.

ESTUARY MANAGEMENT

Estuarine Lake Linkages: Protecting the Islands & Foreshores of the Camden Haven - Current Status - Completed

Financial Breakdown

Items	Cost
Total project cost	$372,049
OEH grant funding component	$186,047
Council funded	$186,002
Total amount of money spent to date	$372,049

Milestones

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

· The project officer position was filled and two years of management works were completed.

· Six months of management works were carried out by contractors.

· This project was completed in mid-2019.

Lake Innes Acid Sulphate Soil Management Options Study - Current Status - Ongoing

This study has been initiated after consultation with key stakeholders, including NPWS, DPIE, Fisheries & Crown Lands. The project consists of specialist studies that quantify the Acid Sulphate Soil (ASS) risk to the lake system. The findings from these studies will then be used to inform the review of the 2013 Lake Innes Reversion Study in order to determine if the currently listed management actions are applicable or if new management actions are appropriate in lieu of the new information and the second outcome will be to provide Council with a list of management options to address the ASS risk in the immediate future to deal with emergency containment works.

Financial Breakdown

Items	Cost
Estimated total project cost	$295,000
Requested DPIE grant funding	$147,500
Council funded	$147,500
Total amount of money spent to date	$nil (awaiting grant notification)

Milestones

· Council recently made an application to DPIE under the 2019-20 Coast and Estuary Management funding round to undertake this project.

Future works

· Council hopes to receive notification on whether the grant application has been successful in the near future.

Attachments

Nil

AGENDA Coast, Estuary & Floodplain Advisory Sub-Committee 30/01/2020

Item: 10

Subject: Lake Innes / Lake Cathie Estuarine System - Update

Presented by: Development and Environment, Melissa Watkins

RECOMMENDATION

That the Committee:

1. Note the Lake Innes / Lake Cathie Estuarine System - Update report.

2. Note the Lake Cathie and Lake Innes Acid Sulphate Soil Risk Assessment (2019).

3. Note the Coastal Management in the Port Macquarie-Hastings timeline document.

Discussion

Since the last CE&F committee meeting held in March 2019, there have been five separate Council reports regarding the Lake Innes, Lake Cathie estuarine system. These reports were presented to the Council meetings in 2019 held on 15 May, 19 June, 21 September, 16 October and a Mayoral Minute was presented to the 20 November meeting. Refer to attached reports for further detailed information (Attachment 1).

An Acid Sulphate Soil (ASS) study was also commissioned and completed during this time period. A copy of this report has been provided as Attachment 2.

There have also been five separate meetings, three of which have been with key government stakeholder agencies (i.e. NPWS, DPIE, Fisheries, Crown Lands, Soil Conservation, etc) and two with key community groups (i.e. Revive Lake Cathie, Camden Haven Chamber of Commerce and Lake Cathie Progress Association). As a result of these meetings, Council meetings and the ASS report, a timeline and flowchart has been developed which provides a pathway for the Coastal Management Program (CMP) and environmental approvals which a required for Council to re-commence it’s management of the lake system. Refer to Attachment 3.

Summary of Council Meetings:

15 May 2019 Council Meeting:

A Notice of Motion was put forward by Councillor Hawkins for Council to consider a submission by the community group known as Revive Lake Cathie (RLC). This submission also included 787 signed letters of support from community members. The RLC submission proposed a way forward to improve the condition of Lake Cathie. In light of this submission, Council resolved to provide a range of state agencies and members of Parliament with a copy of the submission from RLC. Council also resolved to seek advice from the State Government on whether a review of the Lake Cathie Opening Strategy should be initiated and to also give consideration in the 2019-2020 Operational Plan (OP) to undertake such actions as were deemed necessary.

Refer to Attachment 1 for further details.

19 June 2019 Council Meeting:

In response to consideration of Council’s draft 2019-2020 Operational Plan (OP) and budget, Council resolved to undertake a review of the existing Lake Cathie Opening Strategy in consultation with the National Parks and Wildlife Services (NPWS); the Office of Environment and Heritage (OEH); NSW Fisheries and Department of Industry (DPI - Lands); and the community, including the RLC community group.

It is noted that the June resolution came before responses from the State Government agencies had been received in respect of the resolution from the 15 May 2019 ordinary meeting.

While the OP submission from RLC was not adopted by Council at the June meeting, the May 2019 resolution aimed to address and highlight that the management of the Lake Cathie and Lake Innes estuary system is complex and is the responsibility of a number of stakeholders.

Refer to Attachment 1 for further details.

21 September 2019 Council Meeting:

A notice of Motion was put forward by Councillor Levido at this meeting for, among other things, Council to borrow $1M for improvements to the Lake Innes, Lake Cathie Estuarine System. This funding would be sought through borrowings. The resolution requested that a further report be brought back to the October 2019 Council meeting for consideration.

Refer to Attachment 1 for further details.

16 October 2019 Council Meeting:

At this meeting, two separate reports were considered by Council on the lake system. An update was provided on the Notice of Motion from the May Council meeting and a resolution was provided on the Notice of Motion from the October Council meeting.

At the October meeting Council resolved to provide $147,500 towards undertaking initial background studies into the lake system whilst seeking a matching contribution of $147,500 from the State Government ($295,000 total project cost).

The background studies stemmed from meetings which were held with the key government agencies involved in the management of the Lake Cathie and Lake Innes estuarine system. These stakeholders being, National Parks and Wildlife Services (NPWS), Department of Primary Industries - Fisheries (DPI Fisheries), Department of Primary Industries - Crown lands (DPI Crown Land). Soil Conservation Services (SCS) was also involved in the meetings.

The Background Studies agreed upon include:

· A digestion model of the Acid Sulphate Soil (ASS) recently uncovered as a result of a study commissioned by Council and NPWS in May 2019 - $185,000

· A review of 2013 Lake Innes Reversion Study - $50,000

· An ecological condition assessment of the saltmarsh community within Lake Innes - $10,000. NB: The Australian Government has listed Subtropical and Temperate Coastal Saltmarsh as vulnerable in the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).

· Review of possible short term emergency ASS containment works - $50,000.

Councils funding contribution for these projects (i.e. $147,500) was ultimately provided by borrowings from the original $1M that was proposed by Councillor Levido at the September Council meeting.

Refer to Attachment 1 for further details.

20 November 2019 Council Meeting:

Mayor Pinson provided a Mayoral Minute which proposed to initiate an opening of Lake Cathie to the ocean, noting that the Opening Strategy trigger conditions had been met.

A Crown Land licence application was submitted in late November but was not granted citing shortfalls in the Environmental Approval documents which date from 1995. Additional information was requested by Crown Lands.

Refer to Attachment 1 for further details.

Crown Land Advice:

Council submitted a Short Term Licence (STL) application with Crown Lands for the purpose of opening Lake Cathie to the ocean.

As part of the STL application, Council:

• Relied upon the 1994 Estuary Management Plan (EMP) and Opening Strategy, and;

• Relied upon the 1995 Environmental Review (environmental approval), which was based on the 1994 EMP and Opening Strategy.

On 27 November 2019, Council received confirmation from Crown Land that as the environmental approval was more than 5 years old the STL could not be issued.

The main issues that have become apparent based on this advice include:

• The 1994 EMP is no longer considered relevant.

• The 1994 Opening Strategy is redundant.

• The 1995 Environmental Approval is redundant.

The above 3 documents were the main reports that contained Council’s key management responsibilities and approval to undertake works within the lake system. The Crown Lands advice now virtually renders these documents obsolete.

As a result, in order to undertake any form of opening for recreational or estuary management purposes a significant environmental assessment must be undertaken and approved by all stakeholders. Council may be able to undertake emergency stormwater works to open the lake to the ocean by utilising the Local Government Act should infrastructure be at risk due to flooding.

Council staff have undertaken initial investigations into the environmental approval pathway and a new Review of Environmental Factors (REF) will need to be prepared to undertake opening works. Due to the complexity of the REF, this is not likely to be completed until 2022. However, this is heavily dependent on additional Council resources and is likely to be a best case scenario timeframe given the extreme complexity of the management of the lake system. Provided attached is a summary document which outlines options, processes and timeframes for three (3) lake opening options (Attachment 3).

As a result of the recent advice from Crown Land it is now apparent that Council’s main involvement in the management of the lake system no longer exists. Until this advice was received, Council was working on the assumption that the 1994 Estuary Management Plan and Opening Strategy and the 1995 Environmental Approval was still relevant.

Note: the Lake Cathie Coastal Zone Management Plan (CZMP) is still relevant and will remain in force until December 2021. Under this plan Council can still dredge the creek mouth for recreational purposes and place the dredged sand in front of Illaroo Road.

Whilst the Crown Land advice is quite simplistic in requiring a new environmental approval, there is much more work that needs to be undertaken before this can be completed, including, ideally, adoption of a new Coastal Management Program (CMP) (Attachment 3).

Coastal Management Program:

The 2016 Coastal Management Act (adopted late 2018) is the new state government mandated plan which all Council’s should follow in order to manage coastal and estuarine areas. The new CM Act is the key driver behind the 1994 EMP becoming superseded.

The CM Act has technically made all Council adopted EMP’s obsolete (including the Hastings and Camden Haven EMP’s which were adopted in 2001 and 2002 respectively). Critically the CM Act did not contain any savings or transitional arrangements. However, Council was working off the assumption that the old EMP’s were still relevant given the complexity of adopting a new CMP and the significant amount of time that this would take to complete, (e.g. the Crown Land licence application relying on the 1994 EMP information).

Ideally, the Coastal Management Program (CMP) process should be completed or at least significantly commenced before undertaking a detailed environmental approval for lake openings.

The CMP process has been designed to gather input and community sentiment on the overall management of coastal and estuarine areas of the LGA.

A CMP for the lake system would have a broad focus and would look into:

• How the lake system should be managed,

• How the land around the lake system should be managed,

• How lake openings should occur,

• How the bridges should be managed,

• Whether Lake Innes should be reverted to freshwater,

• How the fishing licences in Lake Innes should be managed,

Note: this list is not exhaustive and is quite simplistic, but gives an indication on the breadth of matters that ideally should be considered before undertaking an environmental approval to undertake future lake openings.

Until the CMP process is significantly commenced there is a risk that an environmental approval for a lake opening for recreational or environmental purposes may be quickly superseded. For example, the CMP process may confirm that Lake Innes be reverted to freshwater, however Council has resolved to proceed with this work.

Input is sought from the committee on this matter.

Initial Acid Sulphate Soil (ASS) Investigation:

In early April 2019, Council in partnership with NPWS, engaged Soil Conservation Services (SCS) to undertake soil sampling and testing in various areas of the lake system to confirm (or otherwise) the presence of ASS.

This report was finalised in July 2019 and provided managing stakeholders with ASS risk results and management recommendations.

Whilst the report was limited to an initial investigation into the ASS landscape within the lake system, the findings of the report sheds new light on the ASS risk to wetting and drying cycles driven by the (now redundant) Lake Cathie Opening Strategy. Further to this, the report highlighted the fact that the ASS risk was underestimated in the Lake Innes Environmental Assessment which was completed for the Federal Government in 2013.

Since the ASS report was finalised in July, Council and NPWS have increased the frequency of water quality monitoring within the lake system and samples are now being tested for acidity and aluminium within the water column.

The detailed ASS investigation project (that Council has recently applied for state government funding to complete) was a direct recommendation from the initial ASS report. Similarly, as per the recommendation of the initial ASS report, the 2013 Lake Innes Environmental Assessment report will be reviewed.

Until the ASS risk is fully quantified appropriate management decisions on the lake system cannot be made.

Refer to Attachment 2 for further information.

Council Management:

Historically, Council primary involvement in the management of the Lake System, including surrounding lands, has been via:

*Management Area*	*Management Responsibility*	*Management Plan/Approval to Manage document*	*Current Status*
Foreshore Reserve	Council appointed as trustee manager	19 May 1933 Gazettal	Unchanged, Council remains trustee manager
Jabiru Reserve	Council appointed as trustee manager	19 May 1933 Gazettal	Unchanged, Council remains trustee manager
Aqua Reserve	Council manager (informally)	No formal management plans or approvals	Unchanged, Council remains informal manager
Illaroo Road	Council manager (informally)	No formal management plans or approvals however Lake Cathie Coastal Zone Management Plan (2016) applies	Unchanged, Council remains informal manager, 2016 CZMP contains relevant management actions
Lake Mouth/Entrance/Lagoon (i.e. Area downstream of Ocean Drive Bridge)	Council responsible for lake opening works & recreational dredging works	Lake Cathie Coastal Zone Management Plan (2016),	Unchanged, 2016 CZMP contains relevant management actions including dredging and beach nourishment.
		Lake Cathie Estuary Management Plan (1994)	1994 EMP now out of date. No approvals in place to open Lake mouth to ocean as a result of 2019 Crown Land advice.

Council is now in a position whereby it is at the very beginning of the process in the management of the lake system. The commencement of the CMP and the recent Crown Land advice has significantly impacted on previous Council management responsibilities and associated environmental approvals to work within the estuarine system (aside from the dredging under the 2016 CZMP and 2007 dredging strategy). Council may however be able to undertake emergency stormwater works utilising the Local Government Act should infrastructure be at risk due to flooding.

Obtaining approval for Council to re-commence openings (i.e. via an REF) is likely to cost around $300,000 - 400,000, with 50% possibly available via the Coast and Estuary Grants Program.

Key Government Stakeholder Meetings & Community group Meetings:

Council staff have held three meetings with Key State Government Stakeholder Agencies and two meetings with community groups (Revive Lake Cathie, Lake Cathie Progress Association and Camden Haven Chamber of Commerce). The local member for Port Macquarie, the Honourable Leslie Williams MP and a number of Councillors also attended meetings.

The government stakeholders in attendance at these meetings have consistently supported a minimal impact approach to the management of the lake. Government agencies were supportive of the monitoring that Council was undertaking and the position to keep the lake system closed to the ocean due to the potential risks associated with an opening.

Government stakeholders were keen to see Council progress the Coastal Management Program as a priority, either for the whole LGA or specifically for the lake system.

Recent staff changes, heightened community interest and severe drought conditions have impacted on Council’s ability to focus on initiating the CMP. Instead Council staff have been focussed on:

· Responding to the resolutions of Council,

· Responding to community interest and suggested solutions,

· Facilitating the stakeholder and community meetings,

· Project managing the initial ASS study,

· Preparing the grant application for the detailed ASS study,

· Responding to customer enquiries,

· Managing the remaining coasts, estuaries and floodplains of the LGA.

Regardless, the main output from these meetings has been the commencement of the four detailed investigation projects (see Current Projects section below) primarily focussing on the ASS risk, freshwater reversion of Lake Innes and impacts to saltmarsh communities found throughout the lake system. These projects are the key focus stemming from the government stakeholder group meetings.

As a result of the recent Crown Land advice, options for opening the lake to the ocean were also discussed at the final meeting held with community groups in December. At this meeting various potential options for lake openings were discussed and recommended for further investigation. These projects are the key focus stemming from the community group meetings. Refer to Attachment 3 for the options that have been investigated for assessment.

Current Projects:

Council staff have been working on the Scoping Study phase of the CMP process over the past 12 months. This is phase one and the ‘first draft’ stage of this project.

As a result of the government stakeholder meetings, Council initiated the process to undertake numerous detailed investigations into the lake system. These being:

· A digestion model of the Acid Sulphate Soil (ASS) recently uncovered as a result of a study commissioned by Council & NPWS in May 2019.

· A review of 2013 Lake Innes Reversion Study.

· An ecological condition assessment of the saltmarsh community within Lake Innes.

· Review of possible short term emergency ASS containment works.

Council has submitted a grant application to the State Government under the Coast and Estuary Grant Management Program for $147,500. This will match Council’s contribution of $147,500. Council is still awaiting the outcome of this application.

It is noted that the results of these reports are required before the environmental impacts assessment or review of environmental factors can be completed and a lake opening considered.

Environmental Approval for lake openings

Council have commenced investigation works into the environmental approval pathway in order to gain permission to undertake opening works.

There are options available to Council on the approval pathway, depending on the reason for the opening, the works proposed and the location of these works. These will continue to be investigated over coming months.

The environmental approval pathway will run in parallel with the Coastal Management Program.

Refer to Attachment 3.- Coastal Management Program timeline document for further information.

Attachments

1 ⇩. Council Meeting Reports & Resolutions

2 ⇩. Lake Cathie Lake Innes ASS Report

3 ⇩. PMHC Coastal Management Plan Scoping Study Timeline

Item:	11.02	Date:	28/03/2019
Subject:	Forestry Operations, Lorne State Forest
Action Required:	Tony Troup expressed his concern over the management of land under the control of NSW State Forests, particularly within the Lorne State Forest.
Current Status:	Blayne West contacted NSW State Forests regarding this matter but no response was received.

Item:	11.03	Date:	28/03/2019
Subject:	Personal Watercraft use in local waterways
Action Required:	Gordon Cameron noted that there have been reports from the community about personal watercraft use (Jet Ski’s) within local waterways. Andre Uljee (RMS) requested that Council ensure that state government agencies be made aware when issues arise that they are responsible for managing.
Current Status:	Melissa Watkins confirmed that Council aims to contact agencies as soon as issues arise so that they can be involved. However this issue stemmed from a Councillor request on a matter that had occurred over 12 months ago which only came to light via a community strategic planning meeting held earlier in the year.

Community Representatives

Name

Title

Catchment

Coast, estuary, flood

Council Representatives

Name

Title

Agency Representatives

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