CHARTER
The
Local Traffic Committee is formed under the NSW Roads & Traffic Authority –
"A Guide to the Delegation to Councils for the Regulation of Traffic
(including the operation of Traffic Committees) – November 2006"
Formal (Voting) Members
Port
Macquarie-Hastings Council
Roads
& Traffic Authority
NSW
Police
Local
Member for Port Macquarie
Local
Member for Oxley
Informal (Non-Voting) Advisors
Road
Safety Officer
Ministry
of Transport
NSW
Fire Brigade
NSW
Ambulance Service
Local
Bus Company/s
Transport
Workers Union
Chambers
of Commerce
Informal
advisors are only required to attend the LTC when items appear on the agenda
which affect their area of expertise or responsibility
Quorum
There
is no need for a specific quorum to allow a Committee meeting to proceed. The
advice of the Roads & Traffic Authority and the NSW Police must be sought
to allow Council to exercise its delegated authority.
Convenor
The
Committee shall be convened by the Council voting representative. It shall be
the responsibility of the convenor to ensure the conduct of the meeting
including voting, informal advisor, public and media participation is
undertaking in accordance with the RTA Guidelines.
Roles
·
To advise Council on traffic related
matters referred to the Committee
·
To ensure matters referred to the
Committee meets current technical guidelines
·
To ensure matters referred to the
Committee for which Council has delegated authority are voted upon.
Administration
Council’s
Transport and Stormwater Network Section is responsible for the co-ordination
of Committee advice, scheduling of meetings, preparation and circulation of
meeting minutes and providing general support services to the Committee. The
Section is also responsible for providing advice in relation to the conduct of
meetings.
Delegations
Council
has delegations to authorise traffic control facilities and devices as
prescribed in the Delegations to Councils – Regulation of Traffic October
2001.
Council has sub-delegated its
powers in respect of Division 1 of Part 4 of the Road Transport (Safety and
Traffic Management ) Act 1999 and Division 2 of Part 5 of the Road Transport
(Safety and Traffic Management ) (Road Rules) Regulation 1999 to the Director
of Infrastructure Services and the Technical Services Manager.
AGENDA 
Local Traffic Committee 05/02/2014
Subject: DISCLOSURES
OF INTEREST
RECOMMENDATION
That Disclosures of Interest be presented
DISCLOSURE OF
INTEREST DECLARATION
Name of Meeting: ………………………………………………………………………..
Meeting Date: ………………………………………………………………………..
Item Number: ………………………………………………………………………..
Subject: ………………………………………………………………………..
…………………………………………………….……………...…..
I,
.....................................................................................
declare the following interest:
Pecuniary:
Take no part in the
consideration and voting and be out of sight of the meeting.
Non-Pecuniary - Significant Interest:
Take no part in the
consideration and voting and be out of sight of the meeting.
Non-Pecuniary - Less than Significant
Interest:
May participate in
consideration and voting.
For the reason that:
....................................................................................................
.......................................................................................................................................
Signed:
.........................................................................
Date: ..................................
(Further
explanation is provided on the next page)
Further
Explanation
(Local Government Act and Code of Conduct)
A conflict of interest exists where a reasonable and informed
person would perceive that a Council official could be influenced by a private
interest when carrying out their public duty. Interests can be of two types:
pecuniary or non-pecuniary.
All interests, whether pecuniary or non-pecuniary are required to
be fully disclosed and in writing.
Pecuniary Interest
A pecuniary interest is an interest that a Council official has in
a matter because of a reasonable likelihood or expectation of appreciable
financial gain or loss to the Council official. (section 442)
A Council official will also be taken to have a pecuniary interest
in a matter if that Council official’s spouse or de facto partner or a relative
of the Council official or a partner or employer of the Council official, or a
company or other body of which the Council official, or a nominee, partner or
employer of the Council official is a member, has a pecuniary interest in the
matter. (section 443)
The Council official must not take part in the consideration or
voting on the matter and leave and be out of sight of the meeting. (section
451)
Non-Pecuniary
A non-pecuniary interest is an interest that is private or
personal that the Council official has that does not amount to a pecuniary
interest as defined in the Act.
Non-pecuniary interests commonly arise out of family, or personal
relationships, or involvement in sporting, social or other cultural groups and
associations and may include an interest of a financial nature.
The political views of a Councillor do not constitute a private
interest.
The management of a non-pecuniary interest will depend on whether
or not it is significant.
Non Pecuniary – Significant Interest
As a general rule, a non-pecuniary conflict of interest will be
significant where a matter does not raise a pecuniary interest, but it
involves:
(a)
A relationship between
a Council official and another person that is particularly close, for example,
parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal
descendant or adopted child of the Council official or of the Council official’s
spouse, current or former spouse or partner, de facto or other person living in
the same household.
(b)
Other relationships
that are particularly close, such as friendships and business relationships.
Closeness is defined by the nature of the friendship or business relationship,
the frequency of contact and the duration of the friendship or relationship.
(c)
An affiliation between
a Council official an organisation, sporting body, club, corporation or
association that is particularly strong.
If a Council official declares a non-pecuniary significant interest
it must be managed in one of two ways:
1.
Remove the source of
the conflict, by relinquishing or divesting the interest that creates the
conflict, or reallocating the conflicting duties to another Council official.
2.
Have no involvement in
the matter, by taking no part in the consideration or voting on the matter and
leave and be out of sight of the meeting, as if the provisions in section
451(2) apply.
Non Pecuniary – Less than Significant Interest
If a Council official has declared a non-pecuniary less than
significant interest and it does not require further action, they must provide
an explanation of why they consider that the conflict does not require further
action in the circumstances.
SPECIAL
DISCLOSURE OF PECUNIARY INTEREST DECLARATION
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By
[insert full name of councillor]
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|
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In the
matter of
[insert name of environmental planning instrument]
|
|
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Which is
to be considered at a meeting of the
[insert name of meeting]
|
|
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Held on
[insert date of meeting]
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PECUNIARY
INTEREST
|
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Address of land in which councillor or an
associated person, company or body has a proprietary interest (the identified
land)i
|
|
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Relationship of identified land to councillor
[Tick or cross one box.]
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Councillor
has interest in the land (e.g. is owner or has other interest arising out of
a mortgage, lease trust, option or contract, or otherwise).
Associated
person of councillor has interest in the land.
Associated
company or body of councillor has interest in the land.
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MATTER GIVING
RISE TO PECUNIARY INTEREST
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Nature of land that is subject to a change
in zone/planning control by proposed
LEP (the subject land iii
[Tick or cross one box]
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The
identified land.
Land
that adjoins or is adjacent to or is in proximity to the identified land.
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Current zone/planning control
[Insert name of current planning instrument and
identify relevant zone/planning control applying to the subject land]
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Proposed change of zone/planning control
[Insert name of proposed LEP and identify proposed
change of zone/planning control applying to the subject land]
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Effect of proposed change of zone/planning control
on councillor
[Tick or cross one box]
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Appreciable
financial gain.
Appreciable
financial loss.
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Councillor’s
Signature: ………………………………. Date: ………………..
Important Information
This information is being
collected for the purpose of making a special disclosure of pecuniary interests
under sections 451 (4) and (5) of the Local Government Act 1993. You
must not make a special disclosure that you know or ought reasonably to know is
false or misleading in a material particular. Complaints made about
contraventions of these requirements may be referred by the Director-General to
the Local Government Pecuniary Interest and Disciplinary Tribunal.
This form must be completed by
you before the commencement of the council or council committee meeting in
respect of which the special disclosure is being made. The completed form
must be tabled at the meeting. Everyone is entitled to inspect it. The
special disclosure must be recorded in the minutes of the meeting.
i.
Section 443 (1) of the Local Government Act 1993 provides that
you may have a pecuniary interest in a matter because of the pecuniary interest
of your spouse or your de facto partner or your relativeiv or
because your business partner or employer has a pecuniary interest. You may
also have a pecuniary interest in a matter because you, your nominee, your
business partner or your employer is a member of a company or other body that
has a pecuniary interest in the matter.
ii.
Section 442 of the Local Government Act 1993 provides that a pecuniary
interest is an interest that a person has in a matter because of a
reasonable likelihood or expectation of appreciable financial gain or loss to
the person. A person does not have a pecuniary interest in a matter if the
interest is so remote or insignificant that it could not reasonably be regarded
as likely to influence any decision the person might make in relation to the
matter or if the interest is of a kind specified in section 448 of that
Act (for example, an interest as an elector or as a ratepayer or person liable
to pay a charge).
iii.
A pecuniary interest may arise by way of a change of permissible use of land
adjoining, adjacent to or in proximity to land in which a councillor or a
person, company or body referred to in section 443 (1) (b) or (c) of the
Local Government Act 1993 has a proprietary interest—see section 448
(g) (ii) of the Local Government Act 1993.
iv.
Relative is defined by the Local Government Act 1993 as
meaning your, your spouse’s or your de facto partner’s parent, grandparent,
brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child
and the spouse or de facto partner of any of those persons.
