Agenda of Port Macquarie-Hastings Sports Council

PORT MACQUARIE-HASTINGS

SPORTS COUNCIL

TERMS OF REFERENCE

Adopted: 18 May 2023

1.0 INTRODUCTION

Port Macquarie-Hastings Council (PMHC) has resolved to appoint a Sports Council, to be

known as the Port Macquarie-Hastings Sports Council (the Sports Council).

The Sports Council shall comprise of representatives of the sporting clubs and sporting

community as appointed by Council.

2.0 OBJECTIVES

The objectives of the Port Macquarie Hastings Sports Council are to:

· Assist in the development, review and monitoring of the Recreation Action Plan 2023-2028 which assists PMHC in the identification for sport and sporting infrastructure.

· Consider the cumulative effects of PMHC’s decisions on identification of priorities for sport and sporting infrastructure;

· Provide advice to PMHC on strategic projects and PMHC policies related to, or that may impact on the implementation of the Recreation Action Plan 2023-2028;

· Initiate increased communication between the sporting community and PMHC to ensure that all existing and future needs and requirements of sport are identified and considered;

· Work with PMHC to ensure that sporting and recreation facilities are provided and maintained to an acceptable standard;

· Raise funds and source grants which will assist in furthering the objectives of the Sports Council; and

· Provide input to the setting and review of fees and charges for sporting fields and recreation facilities.

The Port Macquarie Hastings Sports Council will not consider:

· Sport and recreation program development.

· Sports club development and capacity building.

· Day-to-day operational management of facilities including sport facility allocations.

3.0 MEMBERSHIP

Port Macquarie Hastings Sports Council is to be made up of:

· Two Councillors (to be determined by PMHC)

· One representative from the NSW Office of Sport

· Up to 4 staff representatives from PMHC

· Minimum of 8 members, representative of peak bodies and major sporting clubs and associations that utilise PMHC sporting facilities and grounds

Representation to include links with the following groups/categories:

· Women in Sport

· Emerging Sports

· Access for people with Disability

Members will be appointed by Councillors via a Council resolution following a formal

nomination process.

Term of appointment will be up to a period of 2 years.

Should there be a need for the Sports Council to continue beyond this time, a re-appointment process will be undertaken for all members in accordance with the selection process outlined in these Terms of Reference.

Specific representatives may be invited to nominate.

Members will be selected to ensure a range of sport codes who represent a range of regions

are selected for the Sports Council.

The Chairperson will be appointed by Councillors via a Council Resolution.

Vacancies that occur on the Sports Council will be filled by public advertisement and

appointed through a resolution of Council.

Other PMHC staff, Government officers, advisors or individuals may be invited to attend

meetings from time to time to provide expert advice, information or presentations in relation

to the Sports Council’s business.

4.0 CODE OF CONDUCT

Councillors, PMHC staff and members of this Sports Council must comply with the

applicable provisions of PMHC’s Code of Conduct in carrying out the functions as PMHC

officials. It is the personal responsibility of members to comply with the standards in the

Code of Conduct and regularly review their personal circumstances with this in mind.

5.0 REPORTING

The minutes for each meeting of the Sports Council shall be prepared and distributed to

members and published on PMHC’s website.

6.0 STAFF

The Sports Council has no delegated authority to employ or direct staff or consultants.

7.0 FINANCES

The Sports Council has no delegated authority to expend PMHC monies.

8.0 MEETING FREQUENCY

The Sports Council will determine its own meeting frequency, however, is expected to

commence meeting outside of business hours from July 2023 and meet a minimum of 4

times per year.

9.0 CONFLICT OF INTEREST

Members of this Sports Council must declare any conflict of interest at the start of each

meeting or before discussion of a relevant item or topic. Details of any conflict of interest

should be appropriately minuted.

Where members or invitees at meetings are deemed to have a real or perceived conflict of

interest, it may be appropriate that they be excused from deliberations on the issue where the

conflict of interest may exist and this is to be recorded in the minutes of the meeting.

10.0 MISUSE OF POSITION

No member can use information obtained through their position on this Sports Council for

private purposes or private gain.

11.0 REVIEW

PMHC shall review the Terms of Reference at least every three years. If changes are

proposed at least one-month notice in writing of the proposed changes will be forwarded to

members of PMHC

Port Macquarie-Hastings Sports Council

ATTENDANCE REGISTER

Member	13/02/24	23/04/24	23/07/24	12/11/24	04/03/25
Chairperson - Councillor Nik Lipovac				P	P
Alternate Councillor Lisa Intemann					P
Hastings River District Junior Cricket Association - Barry Spencer		P	A	A	A
AFL North Coast - Brad Greenshields	P	P	P		A
Hastings Valley District Netball Association - Linda Dewbery and Karmen Marchment			P		P
Basketball NSW - Cristi Juffermans	P	A			x
NSW Touch Football - David Stone	P	P			x
Football Mid North Coast - Gregg McDonald	P	P	P		P
NSW Office Of Sport - James Turton		P			x
Cricket NSW - Kate Jackson		P	P		P
Tennis NSW - Sonia Close		A			x
Port Macquarie Hockey Association - Simon Thresher	P	A			A
Group 3 Rugby League Referees Association - Tim Gumbleton,	P	P	P	A	A
Port Macquarie Little Athletics - Trudi Wilmot	P	P	P		P
Non-voting
Director Community Planning and Environment - Melissa Watkins	P	P	P		P
Recreation and Community Strategy Manager - Katrina Boulet	P	P	P		P
Group Manager Livable Communities - Lucilla Marshall	P	P	P		P
Acting Spaces and Places Manager - Joel Heise					P
Secretariat Service - Kirsty Speelman	P	A	P	P	P

Key: P = Present

A = Absent With Apology

X = Absent Without Apology

Meeting Dates for 2025

25	February
27	May
26	August
25	November

MINUTES

Port Macquarie-Hastings Sports Council Meeting

04/03/2025

PRESENT

Councillors and Staff:

Councillor Nik Lipovac (Chairperson)

Councillor Lisa Intemann (Alternate)

Director Community Planning and Environment (Melissa Watkins)

Group Manager Liveable Communities (Lucilla Marshall)

Coordinator Recreation and Community Strategy (Katrina Boulet)

Spaces and Places Manager (Joe Heise)

Kirsty Speelman (Secretariat Service)

Community and Business Representatives:

Football Mid North Coast (Gregg McDonald)

Cricket NSW (Kate Jackson)

Port Macquarie Little Athletics (Trudi Wilmot)

Hastings Valley Netball Association (Linda Dewbery)

The meeting opened at 4.02pm

01 ACKNOWLEDGEMENT OF COUNTRY

The Acknowledgement of Country was delivered.

02 APOLOGIES

CONSENSUS:

That apologies received from the following be accepted:

· Simon Thresher

· Barry Spencer

· Brad Greenshields

· Tim Gumbleton

Noted absences:

· NSW Touch Football

· NSW Office of Sport

· Basketball NSW

· Tennis NSW

03 CONFIRMATION OF MINUTES

CONSENSUS:

That the Minutes of the Port Macquarie-Hastings Sports Council Meeting held on 12 November 2024 be confirmed.

04 DISCLOSURES OF INTEREST

There were no disclosures of interest presented.

05 BUSINESS ARISING FROM PREVIOUS MINUTES

Nil

06 Proposed Sporting Fees and Charges 2025/2026

CONSENSUS:

That the Port Macquarie-Hastings Sports Council:

1. Discuss the proposed fees and charges structures with affiliate sport clubs and provide feedback at future meeting of Port Macquarie-Hastings Sports Council.

2. Further consider the inclusion of a Draft Ground Use – General Use Fee and associated Field Preparation Fee in the Draft Operational Plan 2025-2026 for the purpose of stakeholder engagement.

3. Schedule an additional online meeting for the Port Macquarie-Hastings Sports Council to discuss stakeholder engagement feedback and the Draft Ground Use Fee and an associated Field Preparation Fee. These fees are proposed for inclusion in the 2025-2026 Draft Operational Plan for Council's consideration and further community consultation.

07 Standing Item: Request for Project Upgrades

CONSENSUS:

The Port Macquarie-Hastings Sports Council noted the discussion below:

· Football Mid North Coast enquired about installation of a storage container in the middle of the fields at Rainbow Beach Sports Fields. It was noted that Football Mid North Coast considered this a better permanent position, staff discussed the fact that the planned amenities location was already set with the appropriate services. Football Mid North Coast could consider rethinking location for games and line marking to be more accessible to amenities.

· Cricket NSW enquired about the dryness of the wickets at Wayne Richards Park. Council were advised that the club believe high calcium levels in the soil is due to recycled water. Council is seeking a second opinion on what is impacting the pitch.

· Cricket NSW requested information on what sports grounds have a defibrillator on site. A list of locations on where defibrillators are located on our sporting fields throughout the LGA to be distributed to committee members.

· Councillor Lipovac enquired when Sancrox Reserve was proposed to be reopened. Recovery time has taken longer than expected with the reserve due to be available for the next summer season sports allocation in September 2025.

· Port Macquarie Little Athletics advised on white edging damage on the long jump at Stuart Park due to mowing. Council to look at alternative more resistant line marking options.

· Port Macquarie Little Athletics again requested the consideration of a canteen at Stuart Park. Staff have ask them to liaise with other clubs on the site about a location of a canteen or sharing existing facilities.

08 Standing Item: Opportunities for optimising activation of Recreation Spaces

CONSENSUS

That the Port Macquarie-Hastings Sports Council note the discussion on opportunities for optimising activation of recreation spaces.

09 Local Sports Clubs - Community Engagement

CONSENSUS

The Port Macquarie-Hastings Sports Council noted the discussion below:

A reminder to be sent via Council’s Sports Newsletter, inviting local sporting clubs to attend the upcoming online engagement session on the 26 March 2025.

10 Sporting Events Calendar

CONSENSUS:

That the Port Macquarie-Hastings Sports Council note the Sporting Calendar for upcoming events from 1 February to 30 April 2025.

11 General Business

CONSENSUS

The Port Macquarie-Hastings Sports Council noted the discussion below:

· Council to provide a website link to the location of the Port Macquarie-Hastings Sports Council agenda and minutes on its website.

· Council to finalise the line marking process and determine the legality of clubs conducting line marking on its behalf. The current service level provides line marking every two weeks.

· Enquiries were made regarding the local mountain bike club at Wayne Richards Park

Council advised that Athletics Clubs and affiliates have been invited to an engagement meeting next week to discuss the design at Wayne Richards Park. A report on the proposed design will be presented at the April 2025 Ordinary Council meeting.

The meeting closed at 5.28pm.

AGENDA

Port Macquarie-Hastings Sports Council

25/03/2025

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 Chief Executive Officer, such a disclosure is to be made to the staff member’s manager. In the case of the Chief Executive Officer, 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 Chief Executive Officer, 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 Chief Executive Officer, 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 Chief Executive Officer 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