JUNEE SHIRE COUNCIL · 2016. 9. 21. · JUNEE SHIRE COUNCIL AGENDA AND BUSINESS PAPER . Ordinary...

JUNEE SHIRE COUNCIL

AGENDA AND BUSINESS PAPER

Ordinary Meeting of Council

Tuesday, 20 September 2016

@ 5.00pm

in the Council Chambers

Our Vision:

“Junee will be a great place to live, with a healthy civic pride. That will come about because the amenity of the Shire – social, recreational, cultural, environmental and visual – is the best quality possible given our circumstances. There will be an increase in population because of this, with the increase made up of people who are net contributors to the community.

“Junee will be prosperous and existing services and businesses will have been preserved and grown. The Shire will have economic development strategies recognising the different circumstances of urban and rural areas.

“Junee will be a place where innovative, responsive leadership and management occurs in all facets of community life.

“It will be an independent Local Government area with a strong sense of identity.”

Our Mission:

The community and Junee Shire Council are to Make Tracks systematically and with determination towards the Shire Vision.”

Our Community Values:

Proud and welcoming – we are proud of our Shire and as a friendly community we encourage and support new residents and business owners.

Innovative and progressive – we welcome new ideas and we seek to make changes that will improve the lifestyle of our community.

Inclusive – we have a perspective broader than the Shire boundary; our regional focus means we are tuned to the opportunities available through co-operation and partnerships.

Leadership and wisdom – we listen and act; we are prepared to take tough decisions in the best interests of the future of our people, our place and our economy.

AGENDA APOLOGIES CONFIRMATION OF MINUTES ORDINARY MEETING 16 AUGUST 2016 MATTERS ARISING OUT OF MINUTES DECLARATIONS OF INTEREST MAYORAL MINUTE GENERAL MANAGER’S REPORT 1. COUNCILLOR WELCOME AND INDUCTION PROGRAM 2. LOCAL GOVERNMENT NSW ANNUAL CONFERENCE 3. DISCLOSURE OF INTEREST RETURNS 4. SOUTH WESTERN WIRELESS 5. COUNCIL INVESTMENTS AND BANK BALANCES 6. GRAIN HARVEST MANAGEMENT SCHEME 7. APPOINTMENT OF COMMUNITY REPRESENTATIVES ON THE JUNEE JUNCTION

RECREATION & AQUATIC CENTRE SECTION 355 COMMITTEE 8. CONTAMINATED LAND MANAGEMENT POLICY 9. COMMUNITY STRATEGIC PLAN REVIEW CORRESPONDENCE COMMITTEE REPORTS Internal Audit Committee Athenium Working Party Broadway Museum Working Party DELEGATES REPORTS Junee Sports Committee NOTICES OF MOTION Nil

LATE BUSINESS (MATTERS OF URGENCY) NIL

QUESTIONS/STATEMENTS WITH NOTICE INFORMATION BOOKLET – TABLED FOR THE INFORMATION OF COUNCILLORS GENERAL MANAGER’S CONFIDENTIAL REPORT – RECOMMENDATIONS OF COMMITTEE OF A WHOLE MEETING 1. SALE OF 3 PIKE PLACE, JUNEE CLOSE

JUNEE SHIRE COUNCIL

CONFIRMATION OF MINUTES ORDINARY MEETING

MINUTES OF THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD IN THE COUNCIL CHAMBERS, BELMORE STREET, JUNEE ON TUESDAY, 16 AUGUST 2016.

CHAIRPERSON: __________________________________________________________ GENERAL MANAGER: _____________________________________________________ Page 1 of 3

The meeting opened at 4.30pm. PRESENT Councillors N Smith, M Austin, R Callow, A Clinton, P Halliburton, M Holmes and C Randall. A Leave of Absence has been granted for Cr L Cummins and Cr J Ward for the 16 August 2016 Ordinary meeting. STAFF General Manager, Director Engineering Services, Director Community and Business, Director Finance and Administration and Executive Assistant. CONFIRMATION OF MINUTES – ORDINARY MEETING 19 JULY 2016 01.08.16 RESOLVED on the motion of Cr P Halliburton seconded Cr C Randall that the minutes of

the Ordinary Meeting held on 19 July 2016, copies of which had been supplied to each Councillor, be confirmed.

BUSINESS ARISING Nil DECLARATIONS OF INTEREST Councillors were invited to disclose any Declarations of Interest related to the items of business in the report. Councillor Andrew Clinton declared a minor non-pecuniary interest in Item 4 as he is the sole shareholder and sole director of a company that owns a property adjoining the Broadway Museum. MAYORAL MINUTE Nil GENERAL MANAGER’S REPORT The General Manager presented a report which dealt with Items 1 to 5, and the following action was taken: 1[GM] END OF COUNCIL TERM REPORT – AUGUST 2016 02.08.16 RESOLVED on the motion of Cr R Callow seconded Cr A Clinton that the End of Council

Term Report be received and noted.



2[FM] COUNCIL INVESTMENTS AND BANK BALANCES 03.08.16 RESOLVED on the motion of Cr C Randall seconded Cr P Halliburton that:

1. The Monthly Investment Reports as at 31 July 2016 be received and noted. 2. The Certificate of the Responsible Accounting Officer be noted and the report adopted.

3[DES] REQUEST FOR DONATION OF PLANT AND LABOUR 04.08.16 RESOLVED on the motion of Cr A Clinton seconded Cr R Callow that:

1. The Council do the work in-kind for the Junee Pony Club.

2. Council write to the Junee Pony Club encouraging them to become members of the Sports Committee.

4[DCB] BROADWAY MUSEUM PROPOSED SHED DEVELOPMENT 05.08.16 RESOLVED on the motion of Cr R Callow seconded Cr C Randall that:

1. Council receive and note the report. 2. Council agree to the lodgement of a Development Application regarding the proposed

shed which is the subject of this report.

5[DCB] JUNEE JUNCTION RECREATION & AQUATIC CENTRE FINANCIAL RESULT FOR THE YEAR ENDED 30 JUNE 2016

06.08.16 RESOLVED on the motion of Cr C Randall seconded Cr M Holmes that the report be

noted. COMMITTEE REPORTS Nil DELEGATES’ REPORTS • Sports Committee – Cr M Holmes • Solar Energy Forum – Cr N Smith

NOTICE OF MOTION Nil



QUESTIONS ON NOTICE Nil LATE BUSINESS ANZ BANK CLOSURE 07.08.16 RESOLVED on the motion of Cr R Callow seconded Cr P Halliburton that Council make

representations to senior management of the ANZ Bank to express their disappointment at the decision to close the Junee Branch and discuss how this decision may be reversed.

INFORMATION BOOKLET The information booklet was received and noted. There being no further business, the meeting closed at 5.09pm.

JUNEE SHIRE COUNCIL

MAYORAL MINUTE

GENERAL MANAGER’S REPORT TO THE ORDINARY MEETING OF JUNEE SHIRE COUNCIL HELD ON 20 SEPTEMBER 2016.

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Report No: MAYORAL MINUTE

Reporting officer: Mayor

Key CSP strategic theme: N/A

Attachments: Nil

Recommendation:

That Council recognise the significant contribution by Lola Cummins to Junee Shire by presentation of a Certificate of Service and gift. ___________________________________________________________________________

Lola Cummins has been “at the helm of the good ship Junee” during a period of great re-building. She was Junee’s first female Deputy Mayor and Junee’s first female Mayor.

During the early 1990’s Junee was at an all time low. Low in terms of public infrastructure and low in terms of community self-esteem. In the 17 years that Lola Cummins has been Mayor we have seen a huge turn-around for the people of Junee.

While there are no doubt many individuals that make up the team success that Junee is today, it is also true that without foresight and leadership at the top, success would never have been so great.

Some of the Council initiated, public infrastructure improvements this town has seen under the stewardship of Lola Cummins are:

Main street upgrading including fully accessible footpaths, street furniture, gardens,lighting, paving and pedestrian blisters. It should be noted that Junee has two mainstreets making this doubly significant.

Construction of a $2.5 million indoor sports and aquatic centre complete withheated pool, gymnasium and basketball facilities.

Construction of a $1.5million public library with environmental friendly andinnovative heating and cooling.

A bike path network that connects all major traffic nodes, residential, ruralresidential, sporting and other facilities.

New, relocated soccer ground and amenities. Incidentally it was the relocation of thesoccer ground that provided the site for a new, $13 million, multi-purpose service(hospital) close to the centre of town.

New, accessible toilet blocks in three locations around town.


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New medical centre currently housing seven doctors as well as other allied health professions including dentist, pathology, psychologist, optometrist, ultra-sound and physiotherapist (impressive for a town of 4,500 and only 37km from the large regional centre of Wagga Wagga).

Lola, the individual: • Has been a Junee Shire Councillor since 1983 (33 years).

• Held the position of Mayor from 1997 to 2014 (17 years). • Mayor when Junee Shire was awarded the 2003 AR Bluett Memorial Award for most

relative progress by a member of the Shires Association of NSW. • Council committee positions:

- Delegate on REROC and Deputy Chair - Delegate to Central Riverina Tourist Association, later Tourism Wagga and

later Riverina Regional Tourism

- Building Committee Council Chambers - Bi Centenary Committee Secretary - Centenary of Federation Committee Chairperson - Publicity Officer for Centenary Celebrations Committee - 2nd woman elected to Junee Shire Council - 1st women deputy and mayor - Library Committee - Australia Day Committee Chair 1997 to 2014 and member previously for a

number of years

• Community committee positions:

- Secretary of Riverina Schoolboys Football Carnival Committee since 1995

and involved since early 1980’s.(this is the Premier Junior NSW Rugby League event attracting approximately 160 teams each year)

- Billy Cart Derby Organiser 10 years running - Secretary Junee Rescue Squad - Member Junee Rotary

Lola committed herself fully to her role as Mayor and representative of the people. She contributed countless hours to a position which offers little monetary reward. She has been present at most community functions, openings, public celebrations and representations.


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The personal development that I have witnessed over the time Lola has been in the position of Mayor has been transformational. Coming from humble beginnings to now being a woman who speaks with confidence and authority on a range of subjects is testament to that transformation and a model for others to pursue. Now that Lola has decided to “hang up her hat” in a Council sense, I feel that it is entirely fitting and appropriate that she be acknowledged for her tireless and long term efforts. I feel that an afternoon tea, presentation of a Certificate of Service and a gift be arranged for a mutually convenient time.

JUNEE SHIRE COUNCIL

GENERAL MANAGER’S

REPORT


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Report No: 1 COUNCILLOR WELCOME AND INDUCTION PROGRAM

Reporting officer: General Manager

Key CSP strategic theme: Working together - Ensure Junee councillors take a strong leadership role in the implementation of the community strategic plan

Attachments: Nil

RECOMMENDATION:

1. That the report informing the new council of the available induction programs forcouncillors be noted.

EXECUTIVE SUMMARY

Welcome to new and returning councillors for this four year term of Junee Shire Council.

On behalf of the staff of the Council, congratulations on your election.

Councillors attended their first induction workshop on the 19 September 2016. Staff will be preparing other workshops to ensure Councillors have relevant information to assist them in exercising their role as elected officials. This will enable councillors to quickly become familiar with how the council works, the ‘rules’ under which we operate and the complexities of the role.

BACKGROUND

In terms of the induction programs the following types of information will form part of the induction process:

1. Basic information about the Council and orientation to council facilities and localgovernment area.

2. Roles and responsibilities of councillors and staff.

• Provisions in the Act regarding the role of Councillors, the Mayor and the GeneralManager; and delegations

• Councillors' role to guide the strategic direction of the council and the staff role toimplement the decisions of the council

• Responsibility of Councillors in overseeing performance of the General Manager

• Council’s policy on Councillor/staff interaction.


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3. Legal and ethical responsibilities and risk management.

• General legal responsibilities of councillors as members of the governing body underthe Act and other legislation

• Up-to-date accountability and compliance requirements

• Code of Conduct

• Risk management

4. Decision making.

• Meeting procedures, the provisions of the Act and the Regulation, and Council’s ownCode of Meeting Practice

5. Overview of the key functional areas of council operations, staffing and major policydocuments.

• Council’s organisational structure, with a focus on key directorates, staff andfunctions

• Planning and other regulatory functions, assets and infrastructure, financialmanagement, community services and governance

• Council's key policies and its responsibility for their review.

• Closed meetings, business papers, minutes and councillor access to information

6. Strategic planning, including community engagement and the Integrated Planning andReporting framework.

• Strategic and operational planning and reporting processes of Council, including landuse planning and the Integrated Planning and Reporting framework

• Mechanisms for ensuring structured and representative community engagement andparticipation in planning processes

• Current strategic and operational plans and implementation progress

7. Financial processes and financial management.

• Responsibilities of councillors for the financial management of council

• Financial processes and relationship with other planning processes

8. Customer services and complaints handling.

• Customer service in local government


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• Council’s complaints handling process and how councillors should handleconstituents’ concerns so that it is consistent

9. Support available to assist councillors in the role.

• Councillor annual fees

• Council's policy on the provision of councillor expenses and facilities

• Councillor training and development needs analysis and programs

External Councillor Workshops

The Office of Local Government, supported by the Local Government NSW, is holding a series of councillor Workshops for all councillors, old and new.

Key points:

• The workshops are designed to help all councillors hit the ground running following theSeptember 2016 elections. The workshops provide essential information to supportcouncillors in serving their community and fulfilling their responsibilities. All councillors arestrongly encouraged to attend.

• The 2016 program has been updated to include information on how local governmentreform affects each council, particularly following recent amendments to the LocalGovernment Act 1993.

• The updated workshop material will also include crucial information for councillors on theModel Code of Conduct, Integrated Planning and Reporting framework and the supportavailable to them during their term in relation to learning and professional development.

The nearest workshops will be in Wagga Wagga on Wednesday, 16 November.

Please let the General Manager’s Executive Assistant, Mrs Sharryn Sweeney know if you wish to attend and she will book you in.

CONSIDERATIONS

Policy References

• Junee Community Strategic Plan ‘Making Tracks’

• JSC Conflict of Interests Policy

• JSC Code of Meeting Practice

• JSC Model Code of Conduct


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Financial

Minimal cost to attend induction programs.

CONCLUSION

Local Government in NSW is presently going through a phase of structural reform and in a broader sense there is legislation and policy changes from State Government Agencies that are affecting the way Local Government performs its role.

It is therefore important that new and returning councillors attend induction sessions where they can.


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Report No: 2 LOCAL GOVERNMENT NSW ANNUAL CONFERENCE

Reporting Officer: General Manager

Key CSP strategic theme: An Informed Community - Ensure councillors represent and advocate on behalf of the wider Junee community – the town, villages and districts.

Working Together - Work in partnership with other councils in the region and government agencies.

Attachments: Draft program attached

RECOMMENDATIONS:

1. That the Mayor, Deputy Mayor and General Manager attend the Local GovernmentNSW Annual Conference 2016 with associated costs being paid by Council.

2. That Council’s voting delegate to the Local Government NSW Annual Conference bethe Mayor.

EXECUTIVE SUMMARY

The Local Government NSW (LGNSW) annual conference will be held from the evening of 16 to 18 October this year. The Conference is the annual policy-making event for all NSW councils. The Conference is the pre-eminent event of the local government year where local councillors come together to share ideas and debate issues that shape the way we are governed.

Council will need to determine attendance at this year’s annual conference.

BACKGROUND

The Council is normally represented at the annual conference by the Mayor (Delegate), Deputy Mayor (observer) and General Manager (observer).

The convention has been that if an additional Councillor wishes to attend the conference, registration fees (approximately $900) are reimbursed while accommodation and travel is self-funded.

Should the Council wish to send an additional observer to the Conference, an additional resolution is required.


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CONSIDERATIONS

Policy

Payment of expenses and provision of facilities for Mayors and Councillors. This policy requires a Council resolution in advance of the expected travel for the Mayor and Councillors attending conferences where practical.

Risk Assessment

The LGNSW annual conference provides important information relevant to the sector influencing government policy and debate. The Mayor and Deputy Mayor play an important leadership role at Junee Shire Council, attendance at this conference is a prudent measure to mitigating potential risks for the organisation.

Financial

The remaining allocation for Councillor’s attendance at such forums is $6400. This year the conference is in Wollongong.

The cost for three attendees at this conference is approximately $4500 leaving an amount of $1900 for the remainder of the financial year.

CONCLUSION

The Conference is the annual policy-making event for all NSW councils. The Conference is the pre-eminent event of the local government year where local councillors come together to share ideas and debate issues that shape the way we are governed.

Attendance at the LGNSW annual conference is recommended.

JUNEE SHIRE COUNCIL

ATTACHMENT TO GENERAL MANAGER’S REPORT

2016

Item No.

2[GM]

Subject

LGNSW ANNUAL CONFERENCE

2016 LGNSW Annual Conference Program Page 1

Local Government NSW Annual Conference 2016 Sunday 16 – Tuesday 18 October 2016 Main conference venue is WIN Entertainment Centre, Crown and Harbour Streets, Wollongong, 2500. This program is correct at the time of publication; speakers and program details may have changed due to unforeseen circumstances.

DRAFT PROGRAM (as of 9 September 2016)

SUNDAY 16 OCTOBER

1.00pm – 4.45pm

1.00pm – 4.00pm

2.00pm – 4.45pm

2.00pm – 4.45pm

3.00pm – 3.30pm

4.45pm – 5.00pm

5.00pm – 7.00pm

7.00pm

Bump in sponsors to WIN Entertainment Centre Foyer

Registration opens in WIN Entertainment Centre Foyer

Councillor training sessions in Winners Room 1, Winners Room 2, Victory Room 1 - Understanding changes to the Local Government Act - Know your planning - Principles of good governance

LGNSW briefing for General Managers and Interim General Managers in Premiers Room. This briefing will give progress on negotiation for a new 2017 Local Government (State) Award and workplace reform

Afternoon tea meet the sponsors in trade exhibition next to Premiers Room

Pre-booked local transfer buses from WIN to Lagoon Seafood Restaurant, Stuart Park, George Hanley Drive, North Wollongong

President’s Opening Reception in Lagoon Seafood Restaurant - Welcome To Country - Welcome from Cr Gordon Bradbery OAM,

Lord Mayor of Wollongong City Council - Opening from Cr Keith Rhoades AFSM, President, LGNSW

Pre-booked local transfer buses will drop off back to WIN Entertainment Centre

MONDAY 17 OCTOBER – Business Session Day 1 Chaired by Cr Keith Rhoades AFSM, WIN Entertainment Centre

7.00am – 5.00pm

7.30am – 8.45am

8.15am -9.00am

9.00am – 9.30am

9.30am – 10.00am

Registration opens in Box Office of WIN Entertainment Centre Foyer Distribution of voting materials and electronic handsets

NSW Reconciliation Council Breakfast, Victory Room 1 - 2 - Welcome from the Hon Leslie Williams MP, Minister for Aboriginal Affairs - Address to be advised

Supported by NSWALC and sponsored by Aboriginal Affairs NSW

Trade exhibition opens in WIN Entertainment Centre Foyer

Address from The Hon Mike Baird MP, Premier of New South Wales

Address from Cr Keith Rhoades AFSM, President, LGNSW


10.00am – 11.00am

11.00am - 11.30am

11.30am – 1.00pm

1.00pm – 2.00pm

2.00pm – 3.30pm

3.30pm – 4.00pm

4.00pm – 5.30pm

5.30pm – 6.30pm

6.30pm

Opening of the Federal Conference, chaired by Cr Keith Rhoades AFSM including demonstration of voting units, adoption of standing orders, presentation of the auditor’s report, general financial report and operating report to members. Business session and consideration of motions

Opening of the State Conference, chaired by Cr Keith Rhoades AFSM including adoption of standing orders, business session and consideration of motions

Morning tea in trade exhibition sponsored by LG Super

Consideration of Conference business continued, chaired by the President

Lunch in trade exhibition sponsored by LG Super General Managers Lunch Sponsored by StateCover: StateCover, LG Super, LGP, LGNSW Member Services and councils: Building mutually beneficial partnerships, Winners Room 1 and 2

Consideration of Conference business continued, chaired by the President

Afternoon tea in trade exhibition

Consideration of Conference business continued, chaired by the President Collection of all electronic handsets and voting cards

Conference business session closes

Delegate networking function in trade exhibition

Trade exhibition closes. Free night for delegates

TUESDAY 18 OCTOBER – Business Session Day 2 WIN Entertainment Centre

7.00am – 5.00pm

7.30am – 8.45am

8.00am – 5.30pm

9.00am – 9.15am

9.15am – 9.30am 9.30am – 9.45am

9.45am – 10.00am

10.00am – 10.30am

10.30am – 10.45am

10.45am – 11.00am

11.00am – 11.45am

Registration opens in WIN Entertainment Centre Foyer

Australian Local Government Women’s Association (ALGWA) Breakfast Victory Room 1 - 2: Tracy Howe, Chief Executive Officer, NSW Council of Social Service (NCOSS) Anti-Poverty Week ‘Fighting Poverty Together’, Winners Room 1

Trade exhibition opens in WIN Entertainment Centre Foyer

Introduction by Master of Ceremonies, Tracey Spicer

Address from The Hon Paul Toole MP, Minister for Local Government Facilitated questions from the conference to the Minister

Launch of NSW Workforce Development Strategy

Morning tea in trade exhibition sponsored by NSW EPA

Address from The Hon Peter Primrose MLC, Shadow Minister for Local Government

Facilitated questions from the conference to the Shadow Minister

Keynote: Rethinking the role of local government, Peter McKinlay, Executive Director, McKinlay Douglas Ltd.


11.45am – 12.30pm

12.30pm – 12.45pm

12.45pm – 1.00pm

1.00pm – 1.45pm

Tracey Spicer facilitates a Local Government Reform Panel: Challenges and Achievements. Panellists:

- Jane Mills, Chief Operating Officer, City of Parramatta Council - Luke Johnson, General Manager, Wollondilly Shire Council - Peter Tegart, Interim General Manager, Queanbeyan-Palerang Regional

Council

Address on Association business from Cr Keith Rhoades AFSM, President, LGNSW

Treasurer’s Report

Lunch in the trade exhibition WIN Entertainment Centre sponsored by NSW EPA

1.45pm – 3.00pm MOVE TO CONCURRENT SESSIONS

1.45pm – 3.00pm

1.45pm – 2.00pm

2.00pm – 2.15pm

2.15pm – 2.30pm

2.30pm – 2.50pm

CONCURRENT SESSION 1 - Natural Resources and Environment Stream, Winners Room 1 – 2 Facilitated by Barry Buffier, Chair and Chief Executive Officer, NSW Environment Protection Authority

Underground petroleum storage systems, Justin Turk, Operations Officer, Hazardous Incidents and Environmental Health

Developing sound planning decisions, Paul Wearne, Senior Regional Programs, Metropolitan Branch

Crown Lands Review Update, David Clarke, Group Director Governance & Strategy, NSW Department of Primary Industries – Lands

1.45pm – 3.00pm

1.45pm – 1.50pm

1.50pm – 2.10pm

2.10pm – 2.30pm

2.30pm – 2.50pm

CONCURRENT SESSION 2 - Infrastructure and Planning, Auditorium

Facilitated by Kylie Yates, Director Advocacy, LGNSW

Fixing Country Roads, Fredric Horst, Principal Manager for Freight Strategy and Investment, Transport NSW

Engaging councils in the process of allowing access to local roads for heavy vehicles, Sal Petroccitto, Chief Executive Officer, National Heavy Vehicle Regulator

Councils investment in human and cultural infrastructure /sporting facilities, Paul Doorn, Executive Director – Sport Infrastructure, NSW Office of Sport

1.45pm – 3.00pm

1.45pm – 1.50pm

1.50pm – 2.05pm

2.05pm – 2.30pm

2.30pm – 2.50pm

CONCURRENT SESSION 3 - Capacity Building and Diversity, Victory Rooms 1 – 2Facilitated by Sarah Artist, Senior Manager, Innovation and Capacity, LGNSW

Designing a capability framework for NSW local government – towards an integrated package for job design, recruitment, performance management and capacity building, Jo Grisard, Principal, Grisard Consulting (invited)

Developing council’s workforce: Case studies from Wollongong and Port Stephens Councils presented by David Farmer, General Manager, Wollongong Council and Wayne Wallis, General Manager, Port Stephens Council

Change – Fit for Purpose presented by Nigel Ward, Chief Executive Officer and


Director, Australian Business Lawyers & Advisors

3.00pm – 3.15pm

3.30pm – 4.00pm

4.00pm – 4.30pm

RETURN TO PLENARY SESSION AND CLOSE OF CONFERENCE

Final Keynote: Resilient leadership through cultural change within a challenging environment, Kitty Chiller, Chef de Mission, Australian Olympic Team, Rio 2016

Afternoon tea and delegate networking function in trade exhibition

7.30pm – 11.00pm CONFERENCE DINNER WIN Entertainment Centre (within the conference room)

7.30pm

7.45pm

8.00pm

8.10pm 8.30pm

9.00pm

11.00pm

Doors Open

Delegates seated and entrée served

LGNSW President introduces Elite Sponsor, StateCover Mutual Limited

LGNSW President and Elite Sponsor present the Outstanding Service Awards LGNSW Chief Executive and Bluett Trustees present AR Bluett Awards

Main Course served

Entertainment and dancing

Function finishes

CLOSE OF CONFERENCE


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Report No: 3 DISCLOSURE OF INTEREST RETURNS

Reporting Officer: Director Finance and Administration

Key CSP strategic theme: Not Applicable

Attachments: Nil

RECOMMENDATION:

That Council receives and notes the tabling of the annual disclosures of interests in written form at the Ordinary Council meeting held on 20 September 2016. ________________________________________________________________________________

EXECUTIVE SUMMARY

The following report details the Disclosures by Councillors and Designated Persons return as required by Section 449 of the Local Government Act 1993 (the Act).

BACKGROUND

Under Section 449 (1) of the Act a councillor or designated person must complete and lodge with the General Manager, within three months after becoming a councillor or designated person, a return in the form prescribed by the regulations.

Under Section 449 (3) a councillor or designated person holding that position at 30 June in any year must complete and lodge with the General Manager within three months after that date a return in the form prescribed by the regulations.

Under Section 450A of the Act, the General Manager must keep a register of returns required to be lodged. Those returns are required to be tabled at the first meeting held after the last day for lodgement.

CONSIDERATIONS

Below is a list of returns received by the prescribed date. Returns will be available for individuals to view at the Council meeting.

• Cr Neil Smith

• Cr Pam Halliburton

• Cr Lola Cummins

• Cr Matt Austin

• Cr Col Randall

• Cr Bob Callow

• Cr Martin Holmes

• Cr Andrew Clinton


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• Cr Jo Ward

• General Manager

• Director Finance and Administration

• Director Engineering Services

• Director Community and Business

• Building Surveyor

• Finance Manager

• Work, Safe and Risk Management Manager

• JJRAC Manager


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Report No: 4 SOUTH WESTERN WIRELESS

Reporting Officer: Director Finance and Administration

Key CSP strategic theme: This proposal would cover all CSP themes

Attachments: Nil

RECOMMENDATIONS:

1. That Council receive and note the report.

2. That Council note the possible future lodgement of a Development Application on Council-owned or Council-controlled land regarding the proposed modular data centre and ancillary equipment which is the subject of this report.

________________________________________________________________________________

EXECUTIVE SUMMARY

The proposal from South Western Wireless provides an opportunity to bring fast wireless based broadband into Junee. This new service would be made available to the residents of the Junee township and also enable a significant improvement to the Shire’s own data network with increased speed and reliability of service.

BACKGROUND

Council have been approached by South Western Wireless regarding the provision of wireless internet services in the Junee township.

South Western Wireless is a network owner/operator for Wireless Broadband services in the area surrounding Junee. They build modular data centres in specially modified 20’ shipping containers that provide a wireless hub for communities. The centre is located on an optical fibre feed and then their customers are connected via high speed wireless.

With the introduction of such a service there is also the opportunity for the provision of free public Wi-Fi in certain parts of town.

They are seeking approval in principal to submit a Development Application. They are presently working on the best location for the sighting of the mobile data centre. There is a possibility that the facility could be located on Council owned land if they are unable to source appropriate private land for the facility. The location will be dependent on the location of fibre network that they will tap into.

CONSIDERATIONS

The introduction of such a service will enable access to a better quality internet connection for the residents of Junee and also enable the Shire to access better and a more reliable service compared to our current service. The proposal would mean a doubling of our existing download speeds and increasing our data upload speeds by up 20 times.


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Financial

There is no direct impact on the Council other than the cost of services that we would subscribe to. The cost of the new service is offset by a reduction in the existing services currently sourced from Telstra.

CONCLUSION

This is a good opportunity for the Council to take the lead in delivery of improved internet services to the town by agreeing to the lodgement of the development application.


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Report No: 5 COUNCIL INVESTMENTS AND BANK BALANCES

Reporting Officer: Finance Manager

Key CSP strategic theme: An informed Community - Instil public confidence through maintaining appropriate controls and records of Council's finances.

RECOMMENDATIONS:

1. That the Monthly Investment Reports as at 31 August 2016 be received and noted.

2. That the Certificate of the Responsible Accounting Officer be noted and the reportadopted.

EXECUTIVE SUMMARY

It is required under Clause 212 of the Local Government (General) Regulation 2005 and section 625 of the Local Government Act 1993 to provide the Council with a written report monthly setting out details of all money that the Council has invested. On the following page of this business paper is a Monthly Investment Report as at 31 August 2016.

BACKGROUND

Monthly report to the Council.

CONSIDERATIONS

Policy

Report required under legislation.

Risk Assessment

Appropriate financial management reporting.

Financial

Certification – Responsible Accounting Officer.

I, Bradley Pascoe, hereby certify that the investments listed in this report have been made in accordance with Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulation 2005 and Council's Investment Policy. The Internal and External Reserve Figures listed are an estimate value only, they are subject to change or review in part with the Audit of Council Annual Financial Statements scheduled to occur in October 2016, following which they will be reported separately to Council in due course.

CONCLUSION The report is a legislative requirement to ensure and promote appropriate financial management, accountability and transparency.


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INVESTMENT REPORT AT 31 AUGUST 2016

Financial Institution Date Invested

No. of

Days

Date Due

Interest Rate per

Annum

Performance Benchmark -

Bank bill swap

reference rate (pick

relevant rate eg. 30, 60, 90

days)

As % of Total

Invested

Amount of

Interest $

Amount Invested

$

NAB 5-Jul-16 91 4-Oct-16 2.85% 1.843% 20.40% 3,552.74 500,000.00 ME Bank 15-Jun-16 152 14-Nov-16 2.95% 1.855% 20.41% 6,142.47 500,000.00 AMP Bank 18-Aug-16 90 16-Nov-16 2.75% 1.843% 20.41% 3,390.41 500,000.00 AMP Bank 28-Mar-16 181 25-Sep-16 3.00% 1.925% 20.41% 7,438.36 500,000.00

Total Term Deposits 81.63% 20,523.98 2,000,000.00

CBA Business Online Saver 1.30% 18.37% 457.10 450,000.00 L.G.F.S Call 0.00% AMP Bank 2.55% 0.00% -

Total On-Call Funds 18.37% 457.10 450,000.00 Total Investments 100.00% 20,981.08 2,450,000.00

Cash at Bank - as per Bank Statement 1,134,186.83

TOTAL FUNDS 3,584,186.83


_____________________________________________________________________________________________________________________________________________________________ Page 13

a) Application of Investment Funds

Restricted Funds Description Value Externally Restricted

Unspent Loans $0.00

Sewerage Fund $2,000,718.64

Domestic Waste Management $121,410.23

Unspent Grants $70,652.57

Reserves Trust $19,444.44

Section 94A Contributions $0.00

Trust Fund $31,966.55

$2,244,192.43

Internally Restricted

ELE Reserve $205,000.00

Gravel Pit Restoration $26,847.97

Community Transport - Vehicle Replacement $131,760.26

Laurie Daley Oval facilities $5,000.00 Cooinda Court Sprinklers $5,000.00 Junee Historical Society - Sale of Old Museum Site $30,717.21

$404,325.44

Unrestricted Funds $935,668.96

TOTAL FUNDS $3,584,186.83

* Externally & Internally Restricted Reserve figures are subject to final adjustment and external audit at 30 Juneeach year. Figures shown above are estimates only.


_____________________________________________________________________________________________________________________________________________________________ Page 14

Report No: 6 GRAIN HARVEST MANAGEMENT SCHEME

Reporting Officer: Director Engineering Services

Key CSP strategic theme: A Liveable Community

Attachments: Nil

RECOMMENDATIONS:

1. That Junee Shire Council participates in the NSW Grain Harvest ManagementScheme for the period 1 November 2016 to 31 January 2017.

2. That Junee Shire Council will not participate beyond the 16/17 harvest until suchtime as receival datasets are provided to staff.

3. That representations are made to The Hon. Katrina Hodgkinson, advocating for therelease of datasets pertaining to the LGA and receival sites within it.

________________________________________________________________________________

EXECUTIVE SUMMARY

The NSW Grain Harvest Management Scheme is an initiative first introduced for the 2013/14 grain harvest season, in which a legal buffer against overloading of trucks was provided to primary producers and their agents. The principle of the Scheme was that with a buffer of up to 5% for eligible vehicles, primary producers and their agents would have the confidence to load their vehicles closer to the legal mass limit without having to be too concerned about the impact of paddock variables. In turn, this would reduce the number of trips, provide productivity and efficiency gains and have a beneficial impact on the road network.

In determining whether or not to participate, the Council must consider balancing two competing factors: the benefit provided to its primary producers and participating grain handlers versus the potential for a deleterious effect to its road network.

To assess the latter, the Council has requested that better data be provided by NSW Roads and Maritime so that a proper assessment may be made. This has not been forthcoming.

The Council may determine to participate for the full five years, for only one or a number of years and for specified periods of time, or may determine not to participate at all.

BACKGROUND

The Grain Harvest Management Scheme was first introduced for the 2013/14 cereals harvest and has subsequently operated each year since. The Council has participated in each year of its operation.

The Scheme is only applicable to NSW and may only be used for grains, defined as: wheat, barley, rice, oats, triticale, sorghum, maize, millet, canola, sunflowers, monola, safflower, chickpeas, faba


_____________________________________________________________________________________________________________________________________________________________ Page 15

beans, lupins, mung beans, field peas, soybeans, vetch or lentils. Its purpose is to provide a mass allowance – a buffer of sorts – to minimize the risk associated with the variable conditions faced by primary producers in the loading of grain into trucks on the farm. In addition, the NSW Roads and Maritime Service, the responsible agency, claims that it also assists in the protection of roads and leads to greater productivity and efficiency within the primary production sector.

There are limits around the eligibility for participation in the Scheme:

• The Scheme only applies to grain handlers that have also agreed to take part; at the time ofwriting this report there were no advertised participating grain receival points howeverGraincorp have advised in conversation that there will be.

• It is intended only for the primary movement of grain – that is from the farm to a receivalpoint and not for movements between receival points.

• Participants in the Scheme may only travel to their closest practicable receival point.

• A participating council may elect to participate in full, for specified periods or not at all.

In June 2016 the Scheme’s Notice, that is the formal instrument permitting its operation, expired and a new Notice published. This new Notice lengthened the term of its application from three years to five.

CONSIDERATIONS

There are three broad options available to the Council in determining this matter:

• Do not participate in any way;

• Limit participation to specified times either for the full five years or for some other period;or

• Participate in full without restriction.

In determining the matter, fundamentally, there are two factors to consider:

• The concern of primary producers remaining competitive or becoming disadvantaged, and

• The impact of a potential increase in mass on the Council’s road and bridge assets

Policy

The Council’s Provision of Rural Road Services does not contain any specific direction with regard to the matter of the Council participating in the Scheme.

Risk Assessment

As previously stated, there are two competing interests that must be balanced against one another in determining whether or not the Council should participate in the Scheme, these being essentially access to the road asset versus its preservation.


_____________________________________________________________________________________________________________________________________________________________ Page 16

From the limited information published by Roads and Maritime, the conclusion can be drawn that those vehicles that are either ineligible or non-participating in the Scheme have a higher proportion of vehicles that do not fully utilise the available payload. The extension of this observation is that those primary producers that are not participating in the Scheme underutilise their haulage vehicles by some margin and hence may not achieve their best value for money.

The inverse of this is that participating primary producers do achieve better utilization of their vehicles and hence achieve better rates of efficiency and productivity.

On the other hand, the latest report from the Roads and Maritime show that 44-46% of vehicles are either approaching or have breached what would be considered the legal mass limit, if the Scheme were not operating, for the particular type of vehicle.

In the past, requests have been made for Roads and Maritime to release detailed information on individual participating sites or LGAs. However despite these successive requests, the extent of information released has been limited to aggregated, summary-level information. As a result of this lack of information, it has not been possible to undertake a considered assessment of the impact the Scheme may be having on the Council’s roads. The pursuit of this information should be continued and the Council should consider escalating its requests to its Local Member at least.

On the ground there has been no observable impact on the road network as a result of the Scheme, however given the assets involved have long lives (some up to 100 years), it can be difficult to determine in only two years whether or not there will be any ongoing, compounding impact.

In addition to these primary considerations, the Scheme’s impact on public safety should also be considered. In the January – June 2015 report, participation in the Scheme reduced heavy vehicle movements by approximately 4%. In the October – December 2014 report, the reduction was approximately 3.9%.

It should be noted that the statistics referred to above have been obtained from a state-wide report on the Scheme.

One option available to councils to mitigate the risk of damage to their road network is to limit the period of time in which it participates in the Scheme. In previous years the Council has taken the approach of limiting the operation of the Scheme from November through to January, i.e. the harvest season. This has the benefit of limiting heavier vehicles to operate in traditionally drier times, which is important for road pavement longevity, and provides the added incentive of moving grain off-farm in that drier period.

Further to this, there is the opportunity also to impose conditions on participation in the Scheme, which, should it be resolved to participate, council staff will consider and apply on technical merit.

Financial

While it is not expected that there will be any materially significant financial implications stemming from the determination of this matter in the current or short term, in the longer term there may be an impact on the Council’s road network as more vehicles are loaded to a greater mass.


_____________________________________________________________________________________________________________________________________________________________ Page 17

Connection with IPR

Strategy Details of Strategy Connection 2.15 Provide and maintain safe and

serviceable public facilities and infrastructure including roads, footpaths and storm water drains

Regulating the mass of vehicles that utilise the road network is critical for the Council to discharge its duties as a Road Authority with regard to both safety and the longevity of the asset.

2.17 Implement effective regulation strategies, local policies and compliance programs to manage the impact of development and maximise public and environmental health and safety.

Participation in this Scheme, in practical terms, does have a minor, positive impact on public safety as it does reduce the number of individual heavy vehicle movements during harvest with reductions of about 4% observed.

CONCLUSION

Through participation in the Scheme, there appears to be some significant benefit to primary producers and grain handlers through the buffer provided. This benefit manifests as a peace of mind that there is a buffer in place should the variables of the site conspire against them, and in achieving greater rates of efficiency and productivity out of their vehicles.

There is also a benefit to the general public through less heavy vehicle movements, an important road safety outcome.

What is unclear however is the scale of the impact on the road network in the long term, something that is not currently able to be answered easily. The reason for this has been the absence of detailed data and the particular way in which the aggregated data has been manipulated and reported.

At present the benefits to the community outweigh the estimated cost of the Scheme (the cost being long term in nature) and it is recommended that the Council participate in the 2016/17 harvest, but do so with a view to obtaining a level of data that will enable a meaningful assessment of the impact of the Scheme on the road network to be made.


(c) partly or jointly by the council and another person or persons, or _____________________________________________________________________________________________________________________________________________________________ page 18

Report No: 7 APPOINTMENT OF COMMUNITY REPRESENTATIVES ON THE JUNEE JUNCTION RECREATION & AQUATIC CENTRE SECTION 355 COMMITTEE

Reporting Officer: Facilities and Community Development Manager

Key CSP strategic theme: A Liveable Community – Provide and maintain attractive, accessible and safe parks and sports grounds, recreational, bike paths and footpaths, cemeteries and other public places.

Attachments: Nil

RECOMMENDATION:

That Council appoint Margaret Chisholm and Tony Butt to the Junee Junction Recreation & Aquatic Centre Section 355 Committee as its two community representatives.

EXECUTIVE SUMMARY

The Junee Junction Recreation & Aquatic Centre (JJRAC) Section 355 Committee has been operating successfully for many years. The main aims of the Committee are:

• To ensure efficient management, operation and planning so as to meet the present andfuture needs of the community.

• To have awareness of the operating procedures of the JJRAC and make recommendations toCouncil with the aim of improving efficiencies and effectiveness.

• To monitor the community’s perception of the JJRAC and provide guidance and suggestionsfor improvements to its operation.

• To provide comment and feedback on Council policies affecting the operation of the facility.

Council recently advertised for nominations to fill the two community representative positions on the Committee. This report provides details of the nomination process and recommends the appointment of two community representatives to the Committee.

BACKGROUND

The Junee Junction Recreation & Aquatic Centre (JJRAC) Section 355 Committee was formed under Section 355 of the Local Government Act 1993 which states:

“A function of a council may, subject to this Chapter, be exercised:

(a) by the council by means of the councillors or employees, by its agents or contractors, by financial provision, by the provision of goods, equipment, services, amenities or facilities or by any other means, or

(b) by a committee of the council, or


_____________________________________________________________________________________________________________________________________________________________ Page 19

(d) jointly by the council and another council or councils (including by means of a Voluntary Regional Organisation of Councils of which the councils concerned are members), or

(e) by a delegate of the council (which may, for example, be a Voluntary Regional Organisation of Councils of which the council is a member).”

The appointment of Section 355 Committees is entirely at the discretion of Council. The Committees are appointed and re-appointed in accordance with the provisions of Section 355 of the Local Government Act 1993 and delegations made to such Committees pursuant to the requirements of Section 377 of the Act.

The JJRAC Section 355 Committee’s membership currently consists of:

• Two Councillors (delegated to the Committee at the annual Statutory Meeting of Council)• Two Community Representatives (currently Margaret Chisholm and Tony Butt)• Two Council staff:

- Director Community and Business- Facilities & Community Development Manager

Note: Secretarial support is provided by Council’s Executive Assistant – General Manager. Other people can also be invited to attend the meeting for specific purposes.

Given the four year cycle of Council elections fell due in September 2016, it was considered timely for Council to call for nominations to re-fill the two community representative positions. Nominations for the community representative positions were called for in August 2016 with a public notice placed in the local newspaper. Relevant information and forms were made available at the Council Offices and at the JJRAC.

Nominations closed on Thursday, 7 September 2016. Two nominations were received from:

• Margaret Chisholm• Tony Butt

Margaret and Tony are the current members representing the community on the Committee. Both have provided valuable input and advice to Council on the operation of the JJRAC over many years.

CONSIDERATIONS

There are no specific considerations in addition to the information included above.

Policy

Not applicable.

Rick Assessment

There are no significant risks associated with this recommendation.

Financial

There is no operating budget impact from adopting this recommendation.


_____________________________________________________________________________________________________________________________________________________________ Page 20

Connection with IPR

The Junee Junction Recreation and Aquatic Centre is a key piece of Council infrastructure supporting a number of strategies in the Community Strategic Plan. The centre provides a number of choices for the community in terms of fitness and health pursuits and it is an important meeting place and social hub for sports groups and individuals. The centre also supports school activities and provides a venue (stadium) for non-sports activities and events. Whilst the centre is a net cost to Council and the community, its financial position has improved significantly in recent years. This is in part due to the role played by the JJRAC Section 355 Committee.

CONCLUSION

It is recommended that the two individuals who nominated for the committee be appointed as the two community representatives.


_____________________________________________________________________________________________________________________________________________________________ Page 21

Report No: 8 CONTAMINATED LAND MANAGEMENT POLICY

Reporting officer: Director Community and Business

Key CSP strategic theme: A Liveable Community – Implement effective regulation strategies, local policies and compliance programs to manage the impact of development and maximise public and environmental health and safety

Attachments: Draft Contaminated Land Management Policy

RECOMMENDATIONS:

1. That Council advertise the draft Contaminated Land Management Policy for publicexhibition and comment for 28 days.

2. Receive a further report following the public exhibition period.

EXECUTIVE SUMMARY

Junee Shire Council has a responsibility under the Environmental Planning and Assessment Act (EP&A Act) in regard to the early identification of contaminated sites, the consideration of land contamination issues in planning functions, data and information management regarding land contamination, and to inform the public on contamination matters (eg. Section 149 planning certificates). Council has developed a written policy and procedural document in relation to contaminated land and this report presents the draft policy (including procedures) for consideration prior to public exhibition and future adoption by Council.

BACKGROUND

The draft Contaminated Land Management Policy is the outcome of Junee Shire Council’s participation in the Contaminated Land Management Working Group which was a project funded by the NSW Environment Protection Authority through the NSW Environment Trust. The project was a joint application made by Riverina Eastern Regional Organsiation of Councils (REROC) and Riverina and Murray Regional Organsiations of Coucnils (RAMROC) on behalf of their member Councils.

REROC and RAMROC made a joint application to the Regional Capacity Building Program, under the Contaminated Land Management Program administered by the New South Wales (NSW) Environment Protection Authority (EPA) as funded by the NSW Environmental Trust. The key objectives of the Regional Capacity Building Program are:

1. To improve the management of non-regulated contaminated sites in regional NSW.

2. To improve accessibility to contaminated sites expertise and increase the technical capacityof local government in regional areas.


_____________________________________________________________________________________________________________________________________________________________ Page 22

The Contaminated Land Management Project assumed that some of the Councils in the ROCs were not sufficiently equipped to manage contaminated land, with this limitation assumed to relate to resource constraints and to a lack of corporate knowledge of legacy contamination. These limitations were a key success criteria for the project whose primary objective was to enable Councils to effectively manage their regulatory responsibilities in regard to land–use planning and contaminated land.

Effective management of contaminated land in land-use planning is necessary in the context of managing the risk of harm that land contamination potentially poses to human health and the environment. The EPA’s main partner in preventing and dealing with legacy contamination is local government. While the EPA already supports a number of initiatives to develop skills there are still resource gaps due to resourcing and knowledge limitations, particularly for small regional councils, in making informed responses to land contamination issues.

Interaction with regional councils identified that they are typically constrained for resources, especially in the highly technical area of contaminated land management. This constrains site assessment through the land use planning process, the prevention of development of future sites, and the remediation and / or management of contaminated land for which council is responsible.

Councils are planning and consent authorities and are thereby expected, in relation to the management of land contamination, to act in “good faith” in accordance with the requirements of the NSW Contaminated Land Management Act (CLM Act). “Good faith” provisions also extend to the subordinate State Environmental Planning Policy No.55 – Remediation of Land (SEPP 55), and its Planning Guidelines.

Councils have responsibilities under the Environmental Planning and Assessment Act (EP&A Act) in regard to the early identification of contaminated sites, the consideration of land contamination issues in planning functions, data and information management regarding land contamination, and to informing the public on contamination matters (eg. Section 149 planning certificates).

Under the CLM Act, the EPA regulates contaminated sites where the contamination is significant enough to warrant regulation. Contaminated sites that are not regulated by the EPA are managed by local councils through the land-use planning processes.

The Contaminated Land Management Project aimed to develop the capacity of Councils on the regulatory framework that underpins management of non-regulated contaminated sites, and to develop expertise and technical capacity to carry out regulated functions under the CLM Act in regard to managing land contamination in planning functions. Developing a contaminated land management policy and procedures as well as a contaminated land site register would enable councils to become better equipped and empowered to confidently ensure that decisions are made in “good faith” and in accordance with regulatory requirements.

The draft Contaminated Land Management Policy is customised for Junee Shire Council and incorporates a procedural section.

CONSIDERATIONS

This draft Policy is the outcome of collaboration amongst REROC and RAMROC member Councils. Other parties and inputs to the working group ensured expert knowledge and experience was applied.

Policy


_____________________________________________________________________________________________________________________________________________________________ Page 23

Junee Shire Council currently has no written policy or procedural document in relation to contaminated land.

Risk Assessment

The adoption of this draft Policy will manage a number of risks for the organisation in relation to the management of contaminated land. This draft policy has been developed under the provisions of the Contaminated Land Management Act, State Environmental Planning Policy No. 55 (Remediation of land) and the Managing Land Contamination – Planning Guidelines in regard to the principles of:

1. Ensuring that changes of land use, or new development proposals, will not increase the riskto human health or the environment;

2. Avoiding inappropriate restrictions on land use; and

3. Providing information to support decision making and to inform the community.

Financial

There is no budget impact associated with this recommendation.

Connection with IPR

The anticipated future adoption of the Policy will guide good governance associated with land-use.

CONCLUSION

It is recommended that Council place the draft Policy on public exhibition with a view to the adopting the Policy following community consultation.

JUNEE SHIRE COUNCIL

ATTACHMENT TO GENERAL MANAGER’S REPORT

2016

Item No.

8[DES]

Subject

CONTAMINATED LAND MANAGEMENT POLICY

Policy Document

Contaminated Land Management Policy

Address

29 Belmore Street (PO Box 93) Junee NSW 2663

Phone & Fax:

Phone: (02) 6924 8100 Fax: (02) 6924 2497

Online

Email: [email protected] Website: www.junee.nsw.gov.au

DRAFT

Acknowledgement

This resource was made possible through the Regional Capacity Building Program, under the

Contaminated Land Management Program administered by the New South Wales (NSW)

Environment Protection Authority (EPA) as funded by the NSW Environmental Trust.

The publication was produced as part of the Regional Contaminated Land Management Program

(RCLM) administered by the Riverina and Murray Regional Organisation of Councils (RAMROC) and

the Riverina Eastern Regional Organisation of Councils (REROC). The Executive Committee that

oversaw publications development were:

RAMROC Executive Officer – Mr Ray Stubbs

REROC Executive Officer – Ms Julie Briggs

Project Officer RCLM Program – Ms Jacqui Bright

Albury City Council Director Planning and Environment – Mr Michael Keys

Coolamon Shire Council Manager Planning and Environmental Services – Mr Scott Martin

Project Manager RCLM Program – Matthew Dudley (Albury City Council)

Document contributions were also made by the Contaminated Land Working Group made up of the

following councils:

Albury City Council

Coolamon Shire Council

Former Corowa Shire Council (Federation Council)

Former Deniliquin Shire Council (Edward River Shire Council)

Griffith City Council

Temora Shire Council

Former Tumbarumba Shire Council (Snowy Valleys Council)

Former Tumut Shire Council (Snowy Valleys Council)

Wagga Wagga City CouncilDRAFT

3

Contents

POLICY

1. About this policy ........................................................................................................................... 5

1.1 Land to which policy applies ............................................................................................... 5

1.2 Date adopted by Council ...................................................................................................... 5

1.3 Terms and definitions ........................................................................................................... 5

1.4 Purpose .................................................................................................................................. 5

1.5 Objectives .............................................................................................................................. 6

1.6 Policy Application ................................................................................................................. 6

1.7 Guidelines .............................................................................................................................. 6

1.8 Change Management ............................................................................................................ 7

2. Obligations ..................................................................................................................................... 7

2.1 Duty to report ......................................................................................................................... 7

2.2 Consultants ............................................................................................................................ 8

3. Council records and information management .......................................................................... 9

4. Planning (Section 149) Certificates ........................................................................................... 10

PROCEDURE

1. About This Procedure ................................................................................................................. 11

2. Council’s procedure for considering land contamination issues for planning proposals .. 11

2.1 Initial Evaluation .................................................................................................................. 13

2.2 Preliminary Investigation .................................................................................................... 14

2.3 Detailed Investigation ......................................................................................................... 15

3. Council’s procedure for considering land contamination issues for development

applications ...................................................................................................................................... 17

3.1 General ................................................................................................................................. 17

3.2 Initial evaluation .................................................................................................................. 19

3.3 Preliminary Investigation .................................................................................................... 19

3.4 Detailed Investigation ......................................................................................................... 20

4. Remediation processes .............................................................................................................. 22

4.1 Remediation ......................................................................................................................... 22

4.2 Validation and Monitoring Report ...................................................................................... 23

4.3 Voluntary Remediation ....................................................................................................... 23

4.4 Requirements for Remediation .......................................................................................... 24

4.5 Category 1 Remediation Work ........................................................................................... 24

DRAFT

4

4.6 Category 2 Remediation Work ........................................................................................... 25

4.7 Site Auditing ........................................................................................................................ 26

5. Planning (Section 149) Certificates ........................................................................................... 27

Appendix 1: Terms and Definitions ................................................................................................... 28

Appendix 2: Activities that may cause contamination .................................................................... 31

Appendix 3: Requirements for Category 2 remediation .................................................................. 32

Appendix 4: Conditions of consent ................................................................................................... 39

Appendix 5: Council procedure for Initial evaluation ...................................................................... 44

Appendix 6: Council Procedure for Preliminary site Investigation ............................................... 47

Appendix 7: Council Procedure for Detailed Site Investigation ..................................................... 48

Appendix 8: Council Procedure for Remediation ............................................................................ 51

Appendix 9: Council Procedure for Voluntary Remediation ........................................................... 61

Appendix 10: Council Procedure for Site Auditing .......................................................................... 63

Appendix 11: Section 149 Certificates Procedure ........................................................................... 65

Appendix 12: Procedure for storing contaminated sites information ........................................... 67

DRAFT

5

Policy

1. ABOUT THIS POLICY

This policy, known as the Contaminated Land Management Policy, outlines requirements relating to

the use and / or development of land that is or may be contaminated.

This policy has been developed under the provisions of the Contaminated Land Management Act1

(CLM Act), its associated State Environmental Planning Policy No. 55 – Remediation of land2 and the

Managing Land Contamination – Planning Guidelines3 in regards to the principles of:

i. Ensuring that changes of land use, or new development proposals, will not increase the risk to

human health or the environment;

ii. Avoiding inappropriate restrictions on land use; and

iii. Providing information to support decision making and to inform the community.

1.1 LAND TO WHICH POLICY APPLIES

All land in the Junee Shire Local Government Area (LGA).

1.2 DATE ADOPTED BY COUNCIL

This policy was adopted by Council at XXXXX on XXXX.

1.3 TERMS AND DEFINITIONS

Terms and definitions are set out in Appendix 1.

1.4 PURPOSE

This policy provides a framework for the management of contaminated or potentially contaminated

land in the Junee Shire LGA. The policy identifies how the management of contaminated land is

integrated into Council’s planning and development processes.

1 Contaminated Land Management Act 1997

http://www.legislation.nsw.gov.au/maintop/view/inforce/act+140+1997+cd+0+N

2 State Environmental Planning Policy No. 55 – Remediation of Land

http://www5.austlii.edu.au/au/legis/nsw/consol_reg/seppn55ol537/

3 Managing Land Contamination – Planning Guidelines

http://www.epa.nsw.gov.au/resources/clm/gu_contam.pdf

DRAFT

http://www.legislation.nsw.gov.au/maintop/view/inforce/act+140+1997+cd+0+Nhttp://www5.austlii.edu.au/au/legis/nsw/consol_reg/seppn55ol537/http://www.epa.nsw.gov.au/resources/clm/gu_contam.pdf

6

1.5 OBJECTIVES

The integration of contaminated land management into the local planning and development control

process will enable Council to:

Ensure that the Council exercises its functions in relation to the development of contaminated

land with a reasonable standard of care and diligence and that decisions are made in good

faith;

Ensure that the likelihood of land contamination is considered as early as possible in the

planning and development control process;

Ensure that planning and development decisions take into account available information relating

to the likelihood of land contamination;

Link decisions about the development of land with the information available about contamination

possibilities;

Ensure that any development of contaminated land will not result in unacceptable levels of risk

to human health or the environment;

Avoid inappropriate restrictions on the development of contaminated land;

Ensure that site investigations and remediation work are carried out in a satisfactory manner,

and where appropriate, are independently verified by site audits;

Facilitate the provision of consistent and reliable information to the public about land

contamination;

Ensure that ongoing responsibility for management and monitoring of contaminated land is

clearly and legally assigned;

Ensure that the community is not unduly disadvantaged by increased health and environmental

risks or increased management costs when accepting the dedication of public assets;

Adopt a policy approach that will provide strategic and statutory planning options based on the

information about contamination; and

Exercise statutory planning functions with a standard of care.

1.6 POLICY APPLICATION

This policy applies to the following planning functions of Council:

The preparation and amendment of Local Environmental Plans

The preparation, approval and amendment of Development Control Plans

The preparation and adoption of Plans of Management for Community Land

The determination of Development Applications

The modification of Development Consents;

The determination of activities pursuant to Part 5 of the Environmental Planning and

Assessment Act 1979; and

The storage and sharing of contaminated land information through Section 149 certificates.

1.7 GUIDELINES

This policy has been developed from the State Environmental Planning Policy No. 55 – Remediation

of Land (SEPP 55) and in conjunction with the Contaminated Land Management Act 1997 (CLM Act)

and Junee Local Environment Plan 2012.

DRAFT

7

Effective management of contaminated land in land-use planning is necessary in managing the risk of

harm potentially posed by land contamination to human health and the environment.

In the content of land contamination, councils are the planning and consent authorities and are

thereby expected to act in “good faith” and in accordance with the requirements of the NSW CLM Act.

“Good faith” provisions also extend to the subordinate State Environmental Planning Policy No.55 –

Remediation of Land (SEPP 55), and its Planning Guidelines.

Councils have responsibilities under the Environmental Planning and Assessment Act4 (EP&A Act) in

regard to the early identification of contaminated sites, the consideration of land contamination issues

in planning functions, data and information management regarding land contamination, and to inform

the public on contamination matters (e.g. Section 149 planning certificates).

Under the CLM Act, the EPA regulates contaminated sites where the contamination is significant

enough to warrant regulation. Contaminated sites that are not regulated by the EPA are managed by

local councils through land-use planning processes.

1.8 CHANGE MANAGEMENT

This policy will require management and review every 4 years or as legislation and regulations are

updated. Any change must be made in accordance with the relevant legislation and regulations

applicable at the time, and/or any regulatory changes.

2. OBLIGATIONS

2.1 DUTY TO REPORT

The CLM Act 1997 requires persons to notify the Environment Protection Authority (EPA) if they

become aware that their activities have contaminated land so as to present an unacceptable risk to

human health or the environment.

The Act also requires landowners to notify the EPA if they become aware that their land has been

contaminated so as to present an unacceptable risk of harm to human health or the environment. This

requirement applies whether the contamination occurred before or during the current owner’s tenure of

the land and the notification must be made as soon as practicable after becoming aware of the risk

(See Appendix 2 – Activities that may cause contamination).

To assess this risk, the land owner and or persons who have caused the contamination should consult

Guidelines on the Duty to Report Contamination under the Contaminated Land Management Act

1997.5

Section 60 of the CLM Act imposes a duty on owners of land, and persons who have contaminated

land, to immediately notify the EPA when they become aware that contamination presents a significant

risk of harm.

4 Environmental Planning and Assessment Act

http://www.legislation.nsw.gov.au/viewtop/inforce/act+203+1979+first+0+N 5 Guidelines on the Duty to Report Contamination under the Contaminated Land Management Act

http://www.epa.nsw.gov.au/clm/150164-land-contamination.htm

DRAFT

http://www.legislation.nsw.gov.au/viewtop/inforce/act+203+1979+first+0+Nhttp://www.epa.nsw.gov.au/clm/150164-land-contamination.htm

8

According to the Guidelines on the Duty to Report Contamination under the Contaminated Land

Management Act 1997, a person is taken to be aware of the contamination if it is considered that they

are aware or should have reasonably become aware of the contamination. Factors taken into account

in determining when a person should reasonably have become aware of the contamination are;

i. The persons’ abilities, including their experience, qualifications and training

ii. Whether the person could reasonably have sought advice that would have made them aware of

the contamination

iii. The circumstances of the contamination.

2.2 CONSULTANTS

Contaminated land consultant certification schemes have been developed to ensure any consultants

dealing with contaminated sites have the necessary competencies to carry out the work. The

certifications outlined below are recognised by the EPA and certify that a contaminated land

consultant has achieved an acceptable minimum standard of competency:

Site Contamination Practitioners Australia (SCPA); and

Environment Institute of Australia and New Zealand’s (EIANZ) Contaminated Land Assessment

Specialist Certified Environmental Practitioner (CLA Specialist CEnvP)

Where reports are required to be submitted to the EPA and/or Council they must comply with the

requirements of the CLM Act to be prepared, or reviewed and approved, by a certified SCPRA or

EIANZ CLA Specialist CEnvP Practitioner. This requirement includes reports associated with a:

Preliminary investigation order

Management order

Voluntary management proposal

Ongoing maintenance order

Duty to report contamination

Where required to be submitted to Council, reports must be prepared in accordance with the current

relevant guidelines approved under the CLM Act and in accordance with SEPP 55. Council will require

the following to be submitted:

Preliminary investigation

Detailed investigation

A Remediation Action Plan

Validation, monitoring and remediation reporting

The front cover of a submitted report must include the details of the consultant’s certification. For a

CLA Specialist CEnvP this involves affixing the CEnvP logo and for SCPA the certified practitioner is

to affix their seal.

As the contaminated land consultant certification schemes are new, there is a 24 month transition

period to enable consultants to become certified. Any requirements for reporting undertaken after 1

July 2017 must be prepared, or reviewed and approved, by a certified consultant.

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3. COUNCIL RECORDS AND INFORMATION MANAGEMENT

Council has a responsibility to provide information regarding land use history, land contamination and

remediation.

The SEPP 55 Guidelines emphasises the importance of local government information systems in

ensuring that adequate information is available to Council staff and the community in relation to both

actual and potential land contamination.

Council also has a statutory responsibility to include certain information regarding land contamination

on planning certificates issued under Section 149(2) of the EP&A Act.

Council’s records regarding contaminated land are dynamic and will change over time as land is

investigated, remediated and validated, and as new sites of potential contamination are identified.

Existing records in relation to contaminated land should be kept on individual property files for each

parcel of land. To assist Council in the management of information the following is (without limitation)

recorded for individual parcels of land (where available / known):

a) Site contamination reports submitted to Council (i.e. Preliminary Investigation, Detailed

Investigation, Remedial Action Plans Validation and Monitoring Reports):

b) Site Audit Statements received;

c) EPA declarations and orders issued under the CLM Act (Including voluntary investigation

management proposals approved by the EPA);

d) Development Applications for Category 1 remediation works;

e) Prior notification to Council of Category 2 remediation works;

f) Notification of completion of Category 1 and Category 2 remediation work;

g) Information regarding previous or current land uses which are likely to have resulted in land

contamination; and

h) Written complaints to Council about contamination.

Notations may be made on Council’s property information system in relation to investigations and

remediation work carried out for individual properties. This will assist staff to identify land that has

been fully remediated or remediated for specific land uses. Some properties listed on the information

system may be subject to legal notices under legislation administered by the EPA. The public should

also consult with the EPA for up-to-date information on any such land in the local government area.

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4. PLANNING (SECTION 149) CERTIFICATES

Under Section 149 of the EP&A Act a person may request a planning certificate from Council that

contains advice on land contamination matters about a property. For example, a planning certificate

would show the existence of a council policy to restrict the use of land.

Such matters relating to land contamination that must be included on section 149(2) planning

certificates are as set out in section 59(2) of the CLM Act and will also include:

a) Whether Council has adopted a policy to restrict the use of land due to the risk of land

contamination;

b) Whether the land is an investigation area or remediation site;

c) Whether the land is subject to an investigation order or remediation order; and

d) Whether a site audit statement of the land is held by Council.

Council is formally advised whenever a notice is issued under the CLM Act and accordingly annotates

its planning certificates. Section 149(2) planning certificates will not include specific information about

actual or potential contamination (such as the types, extent and level of contamination) on a parcel of

land.

JUNEE SHIRE COUNCIL · 2016. 9. 21. · JUNEE SHIRE COUNCIL AGENDA AND BUSINESS PAPER . Ordinary...

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