agenda - tweed.nsw.gov.au

TWEED SHIRE COUNCIL MEETING HELD TUESDAY 8 MAY 2007

THIS IS PAGE NO 1 OF THE AGENDA OF THE TWEED SHIRE COUNCIL MEETING HELD TUESDAY 8 MAY 2007

TWEED SHIRE COUNCIL

AGENDA

ORDINARY COUNCIL MEETINGTuesday 8 May 2007

Chairman: Mr Garry Payne AM

Administrators: Mr Garry Payne AMMr Max Boyd AMMr Frank Willan



COUNCIL'S CHARTER

Tweed Shire Council's charter comprises a set of principles that are to guideCouncil in the carrying out of its functions, in accordance with Section 8 of the

Local Government Act, 1993.

Tweed Shire Council has the following charter:

to provide directly or on behalf of other levels of government, after due consultation,adequate, equitable and appropriate services and facilities for the community and toensure that those services and facilities are managed efficiently and effectively;

to exercise community leadership;

to exercise its functions in a manner that is consistent with and actively promotesthe principles of multiculturalism;

to promote and to provide and plan for the needs of children;

to properly manage, develop, protect, restore, enhance and conserve theenvironment of the area for which it is responsible, in a manner that is consistentwith and promotes the principles of ecologically sustainable development;

to have regard to the long term and cumulative effects of its decisions;

to bear in mind that it is the custodian and trustee of public assets and to effectivelyaccount for and manage the assets for which it is responsible;

to facilitate the involvement of councillors, members of the public, users of facilitiesand services and council staff in the development, improvement and co-ordinationof local government;

to raise funds for local purposes by the fair imposition of rates, charges and fees, byincome earned from investments and, when appropriate, by borrowings and grants;

to keep the local community and the State government (and through it, the widercommunity) informed about its activities;

to ensure that, in the exercise of its regulatory functions, it acts consistently andwithout bias, particularly where an activity of the council is affected;

to be a responsible employer.



ITEMS FOR CONSIDERATION OF COUNCIL:

ITEM PRECIS PAGE

ABORIGINAL STATEMENT 5

CONFIRMATION OF MINUTES 5

Minutes of the Ordinary and Confidential Council Meeting held Tuesday 17 April2007

5

-SCHEDULE OF OUTSTANDING RESOLUTIONS 7

Schedule of Outstanding Resolutions 7

ADMINISTRATOR'S MINUTE 9

[AM] Signing of Documents 9

ORDINARY ITEMS FOR CONSIDERATION 11

REPORTS FROM THE GENERAL MANAGER 11

1 [GM-CM] Organisational Structure 11

2 [GM-CM] Tweed Local Emergency Management Committee 19

REPORTS FROM THE DIRECTOR TECHNOLOGY & CORPORATE SERVICES 21

3 [TCS-CM] 2007/2010 Draft Management Plan, 2007/2008 DraftBudget/Fees and Charges

21

REPORTS FROM SUB-COMMITTEES/WORKING GROUPS 29

4 [SUB-TCC] Minutes of the Tweed Coastal Committee Meeting heldWednesday 21 February 2007

29

5 [SUB-TRC] Minutes of the Tweed River Committee Meeting heldWednesday 21 February 2007

37

6 [SUB-LTC] Minutes of Local Traffic Committee Meeting heldThursday 19 April 2007

49

7 [SUB-TCC} Minutes of the Tweed Coastal Committee Meeting heldWednesday 11 April 2007

61

8 [SUB-TRC] Minutes of the Tweed River Committee Meeting heldWednesday 11 April 2007

73

CONFIDENTIAL ITEMS FOR CONSIDERATION 87

REPORTS FROM THE DIRECTOR ENGINEERING AND OPERATIONS 87

1 [EO-CM] Land Acquisition - Part Lot 3 DP 1106275 and CudgeraCreek, Pottsville

87



2 [EO-CM] Landscape Architectural and Consultancy Services forJack Evans Boat Harbour Stage 1, Implementation Project Part 1 -Design Development and Contract Documentation - Selection ofConsultants

87



ABORIGINAL STATEMENT

Administrator Payne acknowledged the Bundjalung Aboriginal Nation with the followingstatement:

"We wish to recognise the generations of the local Aboriginal people of theBundjalung Nation who have lived in and derived their physical and spiritual needsfrom the forests, rivers, lakes and streams of this beautiful valley over manythousands of years as the traditional owners and custodians of these lands."

CONFIRMATION OF MINUTES

Minutes of the Ordinary and Confidential Council Meeting held Tuesday 17 April2007

UNDER SEPARATE COVER/FURTHER INFORMATION:

To view any "non confidential" attachments listed below, access the meetings link on Council's websitewww.tweed.nsw.gov.au or visit Council's offices at Tweed Heads or Murwillumbah (from Friday the weekbefore the meeting) or Council's libraries (from Monday the week of the meeting).

1. Minutes of the Ordinary Council Meeting held Tuesday 17 April 2007(DW 1582907).

2. Confidential Attachment - Minutes of the Confidential Council Meeting heldTuesday 17 April 2007 (DW 1582904).

http://www.tweed.nsw.gov.au/



-SCHEDULE OF OUTSTANDING RESOLUTIONS

Schedule of Outstanding Resolutions

FOR COUNCILLOR'S INFORMATION:

25 JULY 2006

PLANNING COMMITTEE

REPORTS FROM DIRECTOR PLANNING AND DEVELOPMENT

P10 [PD-PC] Draft Tweed Local Environmental Plan 2000, Amendment No 69 -Seabreeze Estate, Pottsville (Stage 2)

P111COMMITTEE DECISION:

Administrator TurnbullAdministrator Boyd

RECOMMENDED that Council defers this item so a workshop can be conducted onthe draft Tweed Local Environmental Plan 2000, Amendment No 69 –SeabreezeEstate, Pottsville (Stage 2).

Current Status: Workshop to be organised in May/June 2007 in conjunctionwith assessment of DCP No 5.

19 DECEMBER 2006

OPERATIONS COMMITTEE

O16 [EO-OC] Tweed Integrated Water Cycle Management (IWCM) Context Study &Strategy Report

O 339 COMMITTEE DECISION:

Administrator WillanAdministrator Boyd

RECOMMENDED that:-

1. …



2. Council Officers bring forward a further report detailing a proposedCommunity Consultation program to facilitate the IWCM process.

Current Status: Work in progress. The report has been outsourced to theDepartment of Commerce with a report to Council scheduledby June 2007.



ADMINISTRATOR'S MINUTE

[AM] Signing of Documents

Documents signed by Administrators since 17 April 2007

Administrator Boyd

18 April 2007 Financial Agreement - Far North Coast Weeds26 April 2007 Transfer - Lots 1-9 DP 1080887 - Duranbah road, Duranbah26 April 2007 Transfer - Lot 21 Section 15 DP 28390 - Marie Street, Tweed Heads

South26 April 2007 Request - Lot 1 DP 1076308 - McAuleys Road, North Tumbulgum26 April 2007 Request - Lot 4 DP 1101952 - Farrants Hill Road26 April 2007 Section 88B Instrument - Riverside Drive, Tumbulgum.

RECOMMENDATION:

That the information be received and noted.



ORDINARY ITEMS FOR CONSIDERATION

REPORTS FROM THE GENERAL MANAGER

1 [GM-CM] Organisational Structure

ORIGIN:

General Manager

SUMMARY OF REPORT:

This report provides background in relation to Council's existing organisational structure.It concludes that a more contemporary organisational structure will more effectively meetthe needs of local government service delivery in the Tweed.

The new structure:

1. Aligns with the values, objectives and strategies embodied in the Strategic Plandeveloped after extensive community consultation.

2. Places all of Council's regulatory services (including planning, building, health andanimal control) into one division.

3. Provides an opportunity for natural resource management to have a higher profilewithin Council, the community and government and integrates all natural resourcemanagement functions to the one area.

4. Balances workload and accountability more evenly across the management arm ofthe organisation.

5. Results in no increase in senior staff or net increase in total staff numbers.

RECOMMENDATION:

That Council adopts the organisational structure, as outlined in the body ofthe report, effective from Monday, 14 May 2007.



REPORT:

BACKGROUND

In August 1994 Council adopted an organisation structure consisting of four divisionswith Directors heading each: -

Corporate ServicesDevelopment ServicesEnvironment and Community ServicesEngineering Services

Over the subsequent 12 years that structure has remained in place. Management unitscontained within each of the Divisions have changed from time to time for a variety ofreasons as reported to and resolved by Council. From 2004 to July 2005 CorporateServices was renamed as Office of the General Manager and its Executive Managerreported directly to the General Manager.

The current Organisational Structure is attached to this report.

Organisational Review PhilosophyThere are a number of factors that led to a conclusion that it was timely to review theeffectiveness of the current structure.

1. Tweed Strategic Plan 2004-20242. Organisational Balance - Balancing workload and accountabilities3. Natural Resource Management4. Regulatory Services (including Development Control and Assessment) -

Improved Service Delivery5. Retirement of Senior Staff

1. TWEED STRATEGIC PLAN 2004-2024

This plan was prepared for Council by the Tweed Futures Steering Committee,which included councillors and community and business representatives.Community consultation undertaken as a component of the plan was extensive.

"Community Feedback

The main advantages of living in Tweed Shire are: its natural beauty andenvironmental quality, proximity to the coast, safe and peacefulsurroundings, friendly community, and good shopping and communityamenities.

Major issues of concern are: traffic and lack of public transport, limitedactivities for young people, insufficient employment opportunities, urbangrowth and over-development, loss of character of towns and villages.



Currently 80% of residents rate Tweed as an excellent or very goodplace to live. However, when people were asked to predict quality of life inten years time, that figure fell to only 43%. People feared too muchdevelopment, over-population and the cost of living in the Tweed (housing)becoming too expensive. These fears are most acute in the coastal villagesand rural hinterland.

Key issues for Tweed 4/24 include:- Maintaining quality of life and protecting the environment and natural

beauty of the Tweed.- Planning for a balance between population growth, urban development

and the environment- Safeguarding the character and amenity of existing towns and villages- Retaining open space and green belts- Maintaining a strong sense of community- Improving the road system and public transport- Expanding employment (notably tourism) and education opportunities- Retaining prime agricultural land, farm viability, and managing rural

subdivision and associated landscape impacts- Ensuring adequate water supplies- Maintaining environmental flows and water quality in rivers and estuaries- Activities and services for young people- Services for an ageing population (e.g. health)

Increasing certainty and confidence in the planning process:- Effective, consistent implementation of agreed strategies, codes and

standards- Better communications and increased community involvement."

The Strategic Plan adopted by Council in September 2004, signals thatsustainability is the overarching goal for planning for the Tweed. The Plan adopts a'triple bottom line' approach, integrating economic, social and environmentalstrategies. It focuses on 6 themes:

Promoting SustainabilityStrengthening the EconomySupporting Community LifeEnhancing the EnvironmentManaging rural changeManaging urban development.

Through the Strategic Plan process the following Community Values wereestablished.

Protection of the Tweed's natural beauty, scenic landscapes andenvironmental quality

Ready access to the coast and waterways, but within environmental limitsA quiet and peaceful place to live, with a diversity of lifestyle optionsA strong sense of community with a safe and friendly atmosphere



Less emphasis on urban expansion and avoidance of over-developmentThe distinctive character of towns and villagesHigh quality community facilities and parksDiverse education and employment opportunitiesA viable rural economyExpanded services for both the young and elderly peopleImproved public transport and increased provision for cycling and walkingBetter roads and traffic managementWater resources conserved and water supplies securedEffective community involvement in the planning processLand use plans and development controls applied rigorously and consistently

A contemporary Council Organisational Structure should as far as possible alignitself with the values, objectives and strategies that are laid out in the StrategicPlan.

2. ORGANISATIONAL BALANCE - BALANCING WORKLOAD ANDACCOUNTABILITIES

Council currently employs 620 staff. Its 2006/2007 budget is $162M. Staff numbersand budget are predicted to continue to grow significantly.

A four (4) Director Structure is considered to be the appropriate number of divisionsto effectively manage an Organisation of this size, particularly given the growth thatthe organisation is experiencing.

Over the last 5 years the Engineering and Operations Division has outgrown theother Divisions. This is a direct consequence of progressively increasinginfrastructure budgets (both asset management and growth related), significantlyexpanded Water Supply and Sewerage programs (partly a reflection of increasedGovernment and community engagement) and increased involvement in NaturalResource Management.

Division Staff BudgetTechnology & Corporate Services 79 $17MPlanning & Development 33 $3.5MEnvironment & Community Services 96 $30MEngineering & Operations 431 $113M

Opportunities to better balance Management responsibilities and accountabilitiesacross the four Divisions without compromising service delivery or ManagementPlan objectives needed to be explored.

3. NATURAL RESOURCE MANAGEMENT

Over the last 10 years Council has become increasingly involved in a range ofNatural Resource Management activities, projects and programs.

Coordination of Tweed River and Coastal Committees



Development and implementation of Natural Resource Management (NRM)Plans- Tweed Coast Reserve Plan of Management- Tweed Shire Coastline Management Plan- Tweed Vegetation Management Strategy- Environmental Management Plan- Environment Action Plan (2005-2008 Management Plan)- Tweed Coast Estuaries Management Plan- Cobaki & Terranora Broadwater Management Plans- Tweed River Estuary Bank Management Plan- Upper & Lower Tweed Estuary Management Plans- Tweed Urban Stormwater Quality Management Plan

NRM Project management and management of on-ground worksRemediation and conservation projectsMonitoring and reporting - Water Quality and Ecological HealthVertebrate pest management (e.g. Cane Toads, Indian & Common Mynah)Advisory role to council and othersCommunity capacity buildingCommunity education and awarenessGrant applicationsCollaborations with State and Federal Agencies/research bodies/industryLiaison with Northern Rivers Catchment Management AuthoritySupport to Integrated Water Cycle Management PlanCollaboration with Sugar and other rural industries to promote sustainable

land use (Management Rural Change is a section of the Tweed 4.24Strategic Plan with identified directions and priorities)

While Council has achieved considerable success and recognition for its NRMwork, it was appropriate to review structural opportunities that would more formallyidentify NRM to the Government and Community, improve integration and servicedelivery within the organisation and maximise the profile of Natural ResourceManagement within the organisation, community and government.

4. REGULATORY SERVICES (INCLUDING DEVELOPMENT CONTROL ANDASSESSMENT) - IMPROVED SERVICE DELIVERY

Council provides a diverse range of regulatory services under the LocalGovernment Act and the Environment, Planning & Assessment Act. These servicesare now provided across two Divisions - Planning and Development andEnvironment and Community Services.

There are significant possibilities for improved service delivery if all regulatoryfunctions were to be conducted from within one Division.



5. RETIREMENT OF SENIOR STAFF

Two senior management staff members have indicated their intention to retire. Onemember left the organisation in February 2007 and another is due to leave later inthe year.

Given (1) to (5) above it was considered appropriate to review the organisationalstructure.

—————————————

ORGANISATIONAL STRUCTURE - OPTIONS

In reviewing the suitability of various structural models there was a need to:

a. Take account of criteria (1) to (5) as listed in this reportb. Optimise service deliveryc. Recognise and meet the needs and expectations of individual staff as far as

possible without compromising (a) and (b) above.

DISCUSSION

The proposed structure is attached and is considered to best meet all the objectives asoutlined in this report.

1. It locates all of Council's planning, regulatory approval and licensing services withinthe one Division.

2. It gives NRM a high profile consistent with the outcome of Tweed Futures that led tothe adoption in September 2004 of the Strategic Plan 2004-2024 and it integratesall NRM and NRM associated programs in the one Division.

3. Transferring Manager Water functions (water supply, sewerage, coasts, estuaries)out of Engineering and Operations into the new NRM Division provides a good fitand better management balance across the four Divisions. Manager Waterfunctions are inextricably linked to NRM.

4. Operational management of public assets under Council ownership (swimmingpools, Council civic buildings, public toilets and cemeteries) are appropriatelyplaced within the Recreation Services Unit.

5. The direct reporting of Manager Business & Economic Development to the GeneralManager and the recent establishment of the new Manager position of Communityand Cultural Services again reflects outcomes embodied in Tweed Futures andsubsequently supported by the community in the rolling out of the 7 Year Plan.



LEGAL/RESOURCE/FINANCIAL IMPLICATIONS:

Nil.

POLICY IMPLICATIONS:

Nil.



1. Current organisational structure (DW 1587288)




2 [GM-CM] Tweed Local Emergency Management Committee

ORIGIN:

General Manager

SUMMARY OF REPORT:

Council is advised that under the provisions of the State Emergency and RescueManagement Act, 1989 it is responsible for the establishment of and executive supportfacilities for a Local Emergency Management Committee.

Under amendment to the Act the chairperson of the Committee shall be a seniorrepresentative of the Council, who has the authority of the Council to co-ordinate the useof the Council's resources in the prevention of preparation for response to and recoveryfrom emergencies.

RECOMMENDATION:

That Council:-

1. Appoints Ian Kite as the Chairperson of the Tweed Local EmergencyManagement Committee and authorises him on behalf of Council toco-ordinate the use of the Council's resources in the prevention of,preparation for, response to and recovery from emergencies.

2. Confirms Doreen Harwood as Council's Local EmergencyManagement Officer.



REPORT:

Council has been previously advised that under the provisions of the State Emergencyand Rescue Management Act, 1989 it is responsible for the establishment of andexecutive support facilities for a Local Emergency Management Committee.

The chairperson of the Committee is required to be a senior representative of the Councilwho has the authority of the Council to co-ordinate the use of the Council's resources inthe prevention of, preparation for, response to and recovery from emergencies.

Council previously appointed the Manager Environment & Health Services (now retired)as the chairperson of the Committee. This position no longer exists in Council'sproposed new organisational structure. It is recommended that Council's ManagerWorks, Ian Kite be appointed as chairperson of the Committee.

Council's Environment & Health Co-ordinator, Doreen Harwood was previously formallyappointed as Council's Local Emergency Management Officer.


Nil.


Nil.



Nil




REPORTS FROM THE DIRECTOR TECHNOLOGY & CORPORATE SERVICES

3 [TCS-CM] 2007/2010 Draft Management Plan, 2007/2008 DraftBudget/Fees and Charges

ORIGIN:

Director Technology & Corporate Services

SUMMARY OF REPORT:

The 2007/2010 Draft Management Plan is part of the process of providing clear purposeand direction in the management planning of Council's proposed activities, functions andservices over the next three years. The Plan includes the 2007/2008 Draft Budget of$182 million, Revenue Policy and Fees and Charges.

The Minister for Local Government, under Section 508(A) of the Local Government Act1993, determined in 2006 that the percentage by which Tweed Shire Council mayincrease its general income for 2007/2008 is 8% above that for 2006/2007, whichincludes year two of Council's 7 Year Infrastructure and Services Plan.

The 2007/2008 Draft Budget has an extensive capital works program of $95 million thatwill support growth and community needs in the Shire.

RECOMMENDATION:

That:

1. The 2007/2010 Draft Management Plan, the 2007/2008 Draft Budget,Revenue Policy and Fees and Charges be placed on exhibition for publiccomment from Thursday, 10 May 2007 to Friday 8 June 2007.

2. Submissions received will be considered by Council at its Meeting ofTuesday, 19 June 2007, with the view to finalising and adopting the2007/2010 Draft Management Plan/Budget.



REPORT:

What is the Management Plan?

Council's Management Plan is the strategic mechanism in the Local Government Actwithin which planning, policy making and management takes place.

The Management Plan is Council's major business planning document.

Management Plan - 2007/2010

The Management Plan provides a three-year program aimed at effectively meeting theexpected needs of the community. The Plan states Council’s vision, mission, projects and initiatives that Council proposes to undertake during 2007/2008 and priorities for2008/2010.

Each project or initiative has attached to it performance management measures andtarget dates, which will be used to determine how Council is performing during2007/2008.

The General Manager, in accordance with Section 407 of the Local Government Act1993, must report to the Council within 8 weeks after the end of each quarter as to theextent to which the performance targets set by the Council’s current Management plan have been achieved during that quarter.

Community Consultation

The next stage of the Management Plan process involves seeking feedback from thecommunity, as to their views on the Plan. To facilitate this process the draftmanagement plan and supporting documents will be placed on public display onCouncil’s website www.tweed.nsw.gov.au, Tweed Heads and Murwillumbah CivicCentres and libraries at Tweed Heads, Murwillumbah and Kingscliff.

Ratepayers will be encouraged to express their views on the Plan to Council, as well asto liaise with Council Officers seeking clarification of issues associated with the variousprojects and initiatives.

Legal Requirements

Section 402 of the Local Government Act 1993, provides that during each year a Councilmust prepare a draft Management plan with respect to:

Council’s activities for at least the next three years; andThe Council Revenue Policy for the next year.

The Act provides that the draft Management Plan must contain the following statementswith respect to the Council’s activities for the period to which it relates: -

A statement of the principal activities that the Council proposes to conduct;




A statement of the objectives and performance targets for each of its principalactivities;

A statement by which the Council proposes to achieve these targets A statement of the manner in which the Council proposes to assess its performance

in respect to each of its principal activities; and Statements with respect to such other matters as may be prescribed by the

regulations.

The act requires the statement of principal activities to include the following particulars: -

Capital works projects to be carried out by the Council; Services to be provided by the Council; Asset replacement programs to be implemented by the Council; Sales of assets to be conducted by the Council; Activities of a business or commercial nature to be undertaken by the Council; Human Resource activities (such as training programs) to be undertaken by the

Council; Activities to properly manage, develop, protect, enhance and conserve the

environment in a manner that is consistent with and promotes the principles ofecologically sustainable development;

Activities in response to and to address priorities identified in, the Council’s current comprehensive report as to the state of the environment and any other relevantreports;

Programs to be undertaken by the Council to implement its equal employmentopportunity plan; and

Details of access and equity strategies identified in the Social Plan and other plansthat are integral to social justice and which enhance community wellbeing.

Section 405 of the Local Government Act 1993 requires Council to give public notice ofits draft Management Plan and place on exhibition for not less than twenty-eight (28)days.

Council, in accordance with Section 406 of the Local Government Act 1993 must, prior to30 June 2007, adopt the Management Plan for 2007/2010.

Budget Overview

The intention of the Local Government Act is that financial planning is an integral part ofthe Management Plan and Council must show how it proposes to fund the activities itplans to undertake.

The draft Management Plan includes details of sources, amounts and the basis ofcalculation of proposed revenue to be raised in the next year (s.404). These details aresupported by a detailed estimate of Council’s income and expenditure (s.404(1)). A general estimate of income and expenditure for the second and subsequent yearscovered by the Management Plan has also been prepared (s.404(4)).



Council’s Financial Plan (2007/2008)–Budget

The Minister for Local Government, under Section 508(A) of the Local Government Act1993, determined in 2006 that the percentage by which Tweed Shire Council mayincrease its general income for 2007/2008 is 8% above that for 2006/2007, whichincludes year two of Council's 7 Year Infrastructure and Services Plan.

The budget as presented in the General Fund is balanced. If any surplus funds becomeavailable from operations during the year, these should be applied to increase the levelof accumulated funds.

7 Year Infrastructure and Services Plan

The 2007/2008 budget incorporates projects due to be delivered in Year 2 of the abovePlan. The Plan commenced in 2006/2007 and Council is intending to make applicationfor a special variation to general income under Section 508A of the Local GovernmentAct 1993 for years 2008/2009 to 2012/2013 for a structured increase above theMinisterial allowable increase in General Income.

The Budget Document

The budget document provides information on the types of services that Councilproposes to provide during the 2007/2008 financial year and at what level. Detailedinformation on financial sources and expenditure categories have been identified for thefive Action Plans.

As a financial plan, the budget outlines how much the Council services will cost and howthey will be funded. The budget document includes appropriations from operationalfunds for capital projects and the cost impact of the maintenance of these projects isreflected in the document.

Budget Format

Program Budgeting provides both a financial and management analysis of the individualprograms and services offered by Council and in conjunction with the various programobjectives and performance measures allow an ongoing review of services related backto the individual program objective. Extensive use of activity based costing is used tosupport this process.

The Financial Strategies segment of the strategic component of the Management Planoutlines the key financial strategies, which have been incorporated into the developmentof the budget. Such strategies include: -

To maintain a Balanced Budget; To maximise income from all sources, subject to the stated policies of Council; To provide works and services at levels commensurate with budget allocation; To restrain expenditure, wherever possible; To achieve economy of operation; and To optimise the return on funds and investments.



Revenue Policy

1. The Local Government Act insists upon greater reliance on user charges and lessreliance on rates.

2. Council's Revenue Policy aims to balance these considerations with its communityservice obligations.

The Revenue Policy for a charge or fee identifies: -

Cost relating to a particular service or function of local government;Any revenue which may be earmarked for that service or function; andOptions for recovering the cost of a service or function.

Council exists to provide services for the benefit of the local community; therefore itshould operate in an efficient manner. The provision of services must take account of anumber of major characteristics of local government including: -

A large part of its revenue comes from ratepayers who understandably expect acertain level and quality of service for payment of rates;

Local Government policies, budget and pricing; Local Government receives grants from other spheres of government which often

prescribes policies and pricing practices; Commonwealth and State Legislation are prescriptive in certain areas in relation to

the powers of local government; and A responsibility of allocating revenues in the most efficient and effective manner.

Variation to General Income for 2007/2008

Proposed 2007/2008 Rate Structure (Minimum Rates)

2006/07$

2007/08$

Ordinary Rate:-

Residential 576.95 623.10

Business 616.60 665.90

Farmland 576.95 623.10

Sewerage Charge 473.00 492.00

Water Access Charge 95.00 95.00

Domestic Waste Garbage Charges 189.00 175.50

Landfill Management Charge 0.00 21.00

Minimum Rate 1,333.95 1406.60

Pensioner Rebate 425.00 425.00

Net Pensioner Minimum Rate 908.95 981.60



Landfill Management Charge

Council proposes to introduce a new charge under Section 501 of the Local GovernmentAct, called the Landfill Management Charge. The purpose of the charge is to partiallyassist with the cost of the provision of funds for the establishment of future landfills, thecost of current landfill operations and the remediation of past, current and future landfillsto help minimise the environmental impact of landfills and also be ecologicallysustainable.

The charge is to be the levied on all rateable properties within the boundary of the TweedShire and is estimated to yield approximately $772,000.00.

The proposed new landfill management charge of $21.00 is partially offset by a decreasein the domestic waste garbage charges of $13.50. The net increase in domestic wastegarbage charges and the new landfill management charge is $7.50.

New Fees and Charges for 2007/2008

What services can be charged for?

The following questions are addressed when considering the level of fees and chargescovered in the Revenue Policy: -

Which groups (persons or entities) will benefit from the service?Can this target group be charged for the service?Should this target group be charged for the service?How will the target group be charged? Will the target group pay, or will other groups be forced to subsidise the provision of

the service?

Road Naming in New Subdivisions Fee

The Department of Lands instigated some changes in the process of naming of roads innew subdivisions. This process must now adhere to the Roads Act and its Regulations,which requires reports to Council, correspondence to the Geographical Names Boardand Australia Post relating to proposed names, together with a statutory advertisingperiod. The process is repeated to finalise the names, concluding with the gazettal of theapproved names.

A Road Naming Fee in new subdivisions has been introduced to recover the costsassociated with writing of the reports and associated correspondence, together with theactual cost of advertising and gazettal. The Fee is not a fee per road but rather a fee peraction.

Pontoon Licence Administration Fee

This proposed fee applies to new pontoons and jetties within Council canals. The fee willrecover the cost of assessing licence agreements and in ensuring that the insurancerequired under the licence incorporates the existence of the pontoon or jetty.



Environmental Enforcement Levy (Development Applications)

The Environmental Enforcement Levy is being introduced to recover costs to Councilassociated with investigating complaints or conducting audits associated withconstruction during or after construction works have been completed.

The fee proposed is based on the estimated cost of the development, being 0.1% of thecontract price of development up to and including $2,000,000. The charge does notincrease for development over $2,000,000.

It is the responsibility of Council to carry out this role irrespective of whether thedevelopment was privately or Council certified. During the construction phase, whereCouncil is not the Principal Certifying Authority, Council must respond to complaintsrelating to such maters as the storage of goods on footpaths, matters relating to hours ofconstruction, unfenced sites, erosion and sedimentation control, etc.

Council also responds to and follows up on issues identified by private certifiers. Inmany cases a Notice of Intention to serve an Order is issued by the certifier which thenrequires Council to utilise its resources to pursue the matter and follow up with an Orderor other action.

Development Assessment Panel Fee

Advice from this Panel is currently given freely to all development proponents. There is ahigh cost associated with this service. The fee proposed should not preclude the givingof this advice which assists both the development proponent and Council if the proposalproceeds into a development application.

A fee is proposed of $300 for the costs associated with the giving of this advice but onlyif the concept proposal proceeds to a development application i.e., the fee is applied inaddition to the normal development application fees when lodged with Council or if theproponent seeks a second meeting with the Development Assessment Panel on thesame development concept then a fee should be applied to the second meetingregardless if the proposal proceeds to a development application.

It is anticipated approximately 100 of the development concepts presented to the panelwill proceed to a development application each year. This will provide approximately$30,000 in income. The lack of a fee for all development concepts is consideredreasonable on the basis that early advice on applications will provide a more efficient useof Council staff resources.

Conclusion

In preparing the Budget, every effort has been made to address the objectives andstrategies of the Draft Management plan and is presented after much review by Council'ssenior officers.




Section 402 of the Local Government Act 1993, provides that during each year a Councilmust prepare a draft Management plan with respect to: -

Council’s activities for at least the next three years; andThe Council Revenue Policy for the next year.


Nil.



1. Draft 2007/2010 Management Plan (DW1591407)2. Draft 2007/2008 Budget (DW1591231)3. Draft 2007/2008 Fees and Charges (DW1591645)4. Draft Revenue Policy and Statement (DW1590928)5. Letter from Department of Local Government regarding approval of increase in

general income for 2007/2008 (DW1424721).




REPORTS FROM SUB-COMMITTEES/WORKING GROUPS

4 [SUB-TCC] Minutes of the Tweed Coastal Committee Meeting heldWednesday 21 February 2007

VENUE:Canvas and Kettle Meeting Room, Murwillumbah

TIME:Commencing at 12.25pm

PRESENT:Terry Kane (Cabarita Beach-Bogangar) (Chair); Max Boyd (Tweed Shire CouncilAdministrator); Richard Hagley (Department of Natural Resources); RhondaJames (Caldera Environment Centre); Gary Thorpe (Hastings Point); PeterHarding (Pottsville); John Harbison (Mooball); Jason Pearson (Kingscliff); StewartBrawley, Jane Lofthouse, Tom Alletson, David Oxenham, Mark Kingston (TweedShire Council)

INFORMAL:Jan McCrohon (Minutes Secretary); Leigh Abernethy, (Tweed Shire Council)

APOLOGIES:Evan Matthews (Fingal Head); Lance Tarvey (NSW National Parks and WildlifeService); David McPherson (Department of Lands); Clarence Phillips (TweedByron Local Aboriginal Land Council) Geoff Edwards (Tweed Shire Council)

MINUTES OF PREVIOUS MEETING:

Moved: John HarbisonSeconded: Peter HardingRESOLVED that the Minutes of the Tweed Coastal Committee Meeting heldWednesday 13 December 2006 were tabled at the meeting and accepted by theCommittee as a true and accurate record of the proceedings.

BUSINESS ARISING:

Item from Meeting held 13 December 2006

1. Agenda Item 1 - Kingscliff Foreshore Protection EIS UpdateBeaches–erosion; Coastal Management

Jane is awaiting the revised scope and re-costing following revision of the strategy forKingscliff foreshore protection to the sand nourishment and a reduced size seawall. Therewill be updates as it progresses.



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2. Agenda Item 3 - Beach Users SurveyBeaches - General

Copies of the final report were distributed at the meeting.

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3. General Business Item 1 - Creek Street Development, Hastings PointDevelopment Assessment; Cudgera Creek

Discussion on proposed development.

Richard Hagley responded to a letter from Dept of Planning re issues to be incorporatedin Director’s report on environmental assessment. It’s going under Part 3a of the EP&A Act which the Minister for Planning will be the determining authority.

Tweed Coastal Committee requests the opportunity to provide comment on proposeddevelopment.

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4. General Business Item 4 - Hastings Point HeadlandParks–Hastings Point Headland

Peter Harding requested an update on the poor condition of Headland Road. StewartBrawley advised there are costings being developed and funding being pursued. It ispart of Lot 500 and treated as an access rather than a gazetted road.

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5. Hastings Point Crown ReserveParks–Hastings Point Headland

Gary Thorpe queried the status of Hastings Point Marine Science Crown Reserve. Janeadvised that initial enquiries noted that fishing would be allowed with a no-take zone forremoval of any intertidal invertebrate species. The reserve has been gazetted with TSC



as the Reserve Trust Managers but there were no details on the management of thereserve as yet.

Jane to bring more information back to next meeting.

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6. Effluent ReuseSewerage–Treated Effluent - Reuse

David gave update on potential reuse options. Turf farm or football fields are most costefficient options. Finalising agreement in 2 - 3 months, with a report to be given then.Pump, screen and pipeline (for which a DA is about to be lodged) still to be completed.

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CORRESPONDENCE IN:

1. Council endorsed Mark Kingston, Senior Ecologist as a non-voting member of theTweed Coastal Committee

Tweed Coastal Committee

Jane explained that Council staff are generally non-voting members unless they are theChair.

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2. NRCMA Grant for Coastal and Marine EducationGovernment Grant - General

NRCMA are offering State and Local Government bodies in the region up to $15,000 intotal for a Coastal and Marine Education Project. It is not proposed to apply for this fundingat this stage. It will be more appropriate to apply for funds once the concept for a newMarine Education Centre at Hastings Point is further developed.

Tom noted that the signage for Hastings Point rock platform would now be reconfiguredto reflect the status as a Marine Science Reserve. There will be the opportunity to useexpertise in the Department of lands to assist with design of signs.

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AGENDA ITEMS:

1. Lot 490 Kingscliff - Development and AccessSteering Committee–Lot 490

Phil Fogerty, Department of Lands, provided the following update on Lot 490.



Following Expressions of Interest from four consortium, DoL have been developing detailedproposals with 2 preferred proponents. DoL hope to review these proposals in early Apriland select a preferred candidate in by end of April. Once contract is signed with preferredproponent, there will be further liaison and consultation with the community. It may be in theinterests of the Committee to submit our concerns and issues to the DoL for considerationearly in the development of detailed proposals for the site.

Concerns voiced by committee members as follows:-

access to the beach from Old Coast Road;access to the creek from the new road;retention of any existing native vegetation along creek;revegetation and rehabilitation of the riparian vegetation;weed management.

Jane to email committee members a copy of the brief for development of Lot 490, thenbring back update as agenda item to next meeting.

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2. Vegetation Management Plan ImplementationVegetation Management Plan

Further discussion and resolution for management of Tweed Vegetation Management Planin the Coastal Zone. It is recommended that the Tweed Coastal Committee continue toconsider vegetation management issues within the 3 Coastal Creek catchments as long asthere is sufficient overlap in Committee membership between TCC and TRC.

General discussion took place on the role of TRC and TCC.

A revised version of the Tweed Coastal Committee Terms of Reference will be circulatedto the Committee for discussion at the next meeting. Some points have been noted:-

A copy of TCC minutes should be sent to the TRC.add biodiversity after estuarykeep Council and the NRCMA informed of progressTRC has representation from government bodies, whereas TCC more

community representationIt was generally agreed that it would be beneficial if Marty Hancock could be on

TCC as well as TRCadd ‘Including greenhouse induced sea level rise’acid sulphate soil should be included

Leigh Abernethy joined the meeting at 2pm.

General consensus that TCC Committee specifically implement Tweed Shire CoastlineManagement Plan, Coast Estuaries Management Plan and Tweed Coastal Reserve.Jane to bring back updated version of Terms of Reference to next meeting.



Moved: Max BoydSeconded: Peter Harding

RESOLVED that Council be requested to endorse Marty Hancock as a non votingmember of the Tweed Coastal Committee.

RECOMMENDATION:That Council endorses the addition of Marty Hancock, Floodplain Project Officer, asa non voting member of the Tweed Coastal Committee.

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3. Proposed Development at WooyungDevelopment Assessment

Discussion on development proposal at Wooyung and items of concern including flooding,sewage treatment, Acid Sulfate Soils and dunes.

Development has been called in by State, and Minister for Planning has requested a newproposal be submitted. TCC could make a recommendation that Council request that DoPconsider vegetation management issues etc.

RECOMMENDATION:That Council writes to the Minister for Planning noting the Tweed CoastalCommittee’s concern on several issues relating to the proposed development atWooyung including flooding, sewage treatment, Acid Sulfate Soils and dunalvegetation management.

Stewart Brawley left meeting at 2.30pm

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4. Coastal Projects UpdateCoastline Management Plan

Leigh Abernethy presented an update on coastal projects:

Jack Evans Boatharbour - Tender has gone out for Stage 1, being the old caravan site,adjoining park and boardwalk. Construction estimated to start before end of year.Duranbah project also part of the Tweed Heads Masterplan.

Kingscliff –Completing conservation management strategy for amenities hall first beforeputting brief out late April, to finalise plans for foreshore of Kingscliff. Construction tobegin before end of year in Jack Bayliss, Lions and Faulks Parks.

Pottsville –Finalising documentation for Ambrose Park, back to community members forratification. Pottsville Holiday Park is also being redesigned and kiosk has beenproposed as a heritage item.

Leigh left the meeting at 2.45pm

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5. Entrance Opening ProtocolMooball Creek

Jane advised that Mooball Creek closed over last week and as a result, the developmentof an entrance opening protocol for each creek is needed. The protocol and triggerpoints will be developed in combination with DNR and DPI Fisheries.

Criteria and issues for consideration include:-

Water qualityaccess for emergency servicesshore birds and threatened speciesfloodingproperty damage

Richard Hagley to provide existing protocols and trigger points developed for otherCreeks.

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GENERAL BUSINESS:

1. Hardy Park, Mooball CreekRegulatory Signs–dogs, beaches, parks; Mooball Creek

Peter Harding advised that horses are being taken down into the creek over theriverbank, and requested a sign banning this. Tom will discuss with rangers aboutappropriate signage.

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2. Hastings Point Holiday Village RedevelopmentDevelopment Assessment

Committee requested the development to include a 50 m buffer zone. Jane to find outthe status of revised plan.

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3. Kingscliff Environmental Impact StatementCoastline Management Plan

Jason asked if the EIS for Foreshore Protection of Kingscliff had been completed. Janenoted that Consultants are aware of need for extensive consultation with Surf Club.

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4. Erosion of Cudgen CreekBank erosion; Cudgen Creek



Jason Pearson reported on erosion of creek bank downstream of bridge. Options toaddress the erosion include:-

More fencing to stop accessRocked as part of pedestrian bridge constructionMove roadProvide more formal access to creek

It is likely a combination of these options will be considered.

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5. Seagrass in Pottsville CanalCanals

Peter Harding advised that the seagrass is exposed since water levels have lowered andresidents have been removing the seagrass. He requested a story in the Tweed Linkand a mail drop.

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6. Tweed Coast EstuariesTweed Coastal Committee

The Minister for Natural Resources granted $50,000 for implementation of the TweedCoast Estuaries Management Plan last week.

Rhonda James left the meeting at 3.05pm

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7. Natural Resource ManagementTweed Coastal Committee

Council are proposing a restructure to provide a dedicated Natural ResourceManagement Division and Unit. This will provide better funding and higher profile forenvironmental programs within Council.

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NEXT MEETING:

The next meeting of the Tweed Coastal Committee will be held Wednesday 11 April2007 in the Canvas & Kettle Meeting Room commencing at 12.30pm.

Terry Kane will be away next meeting, and David Oxenham will chair.

The meeting closed at 3.10pm.



DIRECTOR'S COMMENTS:

Nil.

DIRECTOR'S RECOMMENDATIONS:

AGENDA ITEMS:

2. Vegetation Management Plan ImplementationVegetation Management Plan

As per the Committee's recommendation being:

"That Council endorses the addition of Marty Hancock, Floodplain ProjectOfficer, as a non voting member of the Tweed Coastal Committee."

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3. Proposed Development at WooyungDevelopment Assessment


"That Council writes to the Minister for Planning noting the Tweed CoastalCommittee’s concern on several issues relating to the proposed developmentat Wooyung including flooding, sewage treatment, Acid Sulfate Soils and dunalvegetation management."



5 [SUB-TRC] Minutes of the Tweed River Committee Meeting heldWednesday 21 February 2007

VENUE:Canvas & Kettle Meeting Room, Murwillumbah Civic Centre

TIME:9.15am

PRESENT:David Oxenham (Chair); Max Boyd (Tweed Shire Council Administrator); GrahamMartin (Tweed River Advisory Committee & NSW Cane Growers’ Association); Richard Hagley (Department of Natural Resources); Bob Loring (NSW Fisheries);Rhonda James (Caldera Environment Centre); Claire Masters (Tweed LandcareInc); Jane Lofthouse, Tom Alletson, Marty Hancock, Mark Kingston (Tweed ShireCouncil)

INFORMAL:Dan Messiter (Patterson Britton Ptnrs); Helmut Rangger (Dept of Lands); AdamFolkers (TSC); Lesley Mye (Aboriginal Liaison Officer, TSC); Jan McCrohon(Minutes Secretary)

APOLOGIES:Errol Wright (Tweed River Charter Operators); Martin Dobney (Action SandsChinderah); David McPherson (Department of Lands); Carl Cormack (NSWMaritime Authority); Lance Tarvey (Dept of Environment & Conservation); RobertQuirk; Des Williams (Tweed Byron Local Aboriginal Land Council); Geoff Edwards(Tweed Shire Council)

MINUTES OF PREVIOUS MEETING:

It was noted there should be an amendment to the previous Minutes, being that RhondaJames was present at the last meeting.

Moved: Rhonda JamesSeconded: Max Boyd

RESOLVED that the Minutes of Meeting held Wednesday 13 December 2006 beaccepted as a true and accurate record of the proceedings of that meeting.

BUSINESS ARISING:


1. Tweed River Committee CharterTweed River Committee

At the last meeting of the Tweed River Committee it was proposed that a new charter beadopted for the TRC, reflecting the fact that the Committee's responsibility has expanded to



include overseeing the implementation of the Tweed Vegetation Management Strategy,and a stronger focus on rehabilitation of the freshwater reaches of the catchment. The newcharter was proposed to be:

To assist the Tweed Shire Council and the community to protect and enhance naturalresources and ecosystems, and to provide for sustainable use of the environment within theTweed River catchment and Tweed Shire generally.

Objectives:To prepare and implement management plans for the Tweed River Estuary.To oversee the implementation of the Tweed Vegetation Management Plan.To plan and undertake riparian rehabilitation works in the freshwater reaches of the TweedCatchment.To liaise with other government and agencies to attract funding for the program/s.To cooperate with the Northern Rivers Catchment Management Authority in theachievement of Natural Resource Management Catchment Targets.To provide advice to Council and other agencies in respect to development applications,strategic plans or other proposals which may have an impact on the natural environment ofthe Tweed Shire.To promote the natural values of the Tweed Shire, educate the community in theirstewardship and assist other organisations or individuals to undertake works to thebetterment of the natural environment.

Concern was also expressed regarding the ongoing role of the Tweed Coastal Committeeand how the two forums would share the duty of biodiversity/vegetation management.

Following discussion of this issue at TCC in December, it was suggested that the TRC takethe lead role for the overall implementation of the Tweed Vegetation Management Strategy(TVMS). TCC would be a forum for management of issues related directly toimplementation of TVMS in the coastal zone, attracting and managing funding for projectsidentified in the Tweed Coastline Management Plan and the Tweed Coastal EstuariesManagement Plan. Mark Kingston will attend both Committee meetings, ensuringcoordination and consistency across the two forums.

General discussion ensued, with Bob Loring of the opinion that the Tweed River Committeescope should not evolve beyond river management issues.

Rhonda James discussed the overlap between committees and membershiprepresentation from diverse areas. Perhaps more time is needed to rethink membershipand content of both committees. She felt that a lot of time is spent on issues that may notbe relevant to the particular committee.

David Oxenham described the new structure proposed within Council, including the newintegrated Natural Resource division, to cover Water, Natural Resources, Biodiversity etc.There is a natural progression from the TRC to manage the catchment as well as the river.

Max noted the need to supplement/complement the Catchment Management Authority tobe in step with what they want to achieve. The thrust is to try and get more funds into thisarea.



Jane explained the separate budget and funding areas within Council, and confirmed therewould be no loss of funding from TRC to vegetation management.

Marty–the General Manager's National Resource Management meeting was timely. Thiscommittee is well placed to secure funding, having such a good representation fromdifferent government bodies, and the committee suits its expanded role. There will be anenhancement of ability and the advantage of more opportunities for the Tweed. TRCshould take on more TCC roles rather than have existing duplication.

Claire recommended that the Charter should be adopted as proposed, it is inclusive anddoes not affect TCC at this point.

Detailed text amendments to the charter and objectives were discussed. It was agreed thatthese would be reviewed in detail by Council officers with a final proposal brought to theApril meeting.

Moved: Max BoydSeconded: Marty Hancock

RESOLVED that the Tweed River Committee Charter be adopted in principal withObjectives to be refined for next meeting.

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Item from Meeting held 13 December 20061. Business Arising Item 4 - Funding for the Biodiversity Program

Biodiversity Program

At Council's meeting of 23 January 2007 Council adopted the following recommendations:

That:-

"1. Council note the Committee’s views and advise them that funding for theVegetation Management Plan and other nominated environmental projects willbe considered in the development of the 2007/08 Management Plan.

2. Council Administrators and EMT be invited to attend a bus tour to witness firsthand the threats to biodiversity and the restoration works currently underway inthe Tweed Catchment."

Mark had prepared his report but it didn’t go to the Council meeting as the Director felt it was not consistent with the 7 year plan. EMT’s view was that it was unlikely that theEnvironment Levy would happen. Mike Rayner then put out the memo with restructuringchanges.

Mark pointed out that large amounts of money are involved to get certain projectshappening. Also, volunteers currently put in a large amount of effort as well. About$800,000 effort per year in terms of Landcare etc, which would match an EnvironmentalLevy.



It was agreed that the suggested bus tour would let the Administrators and EMT see theissues first hand, although Max felt that the report should still be made available to the othertwo Administrators so they could see it for information purposes before a bus triphappened.

TRC commend Council on the proposed NRM directorate.

David said that one of the focuses of Mark’s report is on an environmental levy, however, itis not worth raising this issue again, and instead we should be focusing on biodiversityfunding, the priority / need / costs / issues, and recognising the restructure.

The main priority now is to organise the Bus Tour.

Claire asked if the report was public, David said it was an internal report and not one thatwe now want to pursue. All the information was provided to the committee in thepresentation made last meeting by Mark.

Max will suggest to Mike that the report be made available for information only, subject toamendments.

David advised that Mark will restructure the report to current form, removing anyrecommendation for environmental levy, but leaving as an option; how much we arespending on biodiversity and what the shortfalls are, so the Administrators can understandthe seriousness of the problem.

Moved: Claire MastersSeconded: Rhonda James

RESOLVED that the Tweed River Committee congratulates and supports Councilon the proposed restructure to develop a natural resource management directorateand operations unit.

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CORRESPONDENCE IN:

1. Banora Point Residents Association Committee MemberTweed River Committee

Harry Christopher, representing the Bilambil Heights Progress Association, has resignedfrom the Tweed River Committee. A letter from the Banora Point Residents Associationnominating a replacement has been received. The Committee was asked to considercontinuation of this Committee seat in view of the following. The exiting Committeemember was appointed to the TRC upon the request of then Councillor John Murray,against the recommendation of the Committee. No other localities are represented on theTRC, owing to the emphasis on sector representation.

General discussion ensued on sector representation.Retain position and advertise - keep it sectoral.Look for additional agricultural rep, eg grazing, banana growers.Non-flood plain.



DPI Ag.Call for nominations (approach DPI first).

Tom to reply to Banora Point Residents Association advising of decision.

Moved: Graham MartinSeconded: Claire Masters

RESOLVED that the Tweed River Committee recommend that Council call fornominations from industry groups for position on the Tweed River Committee.

RECOMMENDATION:That Council calls for nominations from industry groups for position on the TweedRiver Committee.

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2. Council endorsed Mark Kingston, Senior Ecologist, as a non-voting member of theTweed River Committee

Tweed River Committee

For Tweed River Committee's information.

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3. Offer of Grant from DPI Fisheries - Recreational Fishing TrustFisheries

Council has been advised by DPI Fisheries that an application for funding through theRecreational Fishing Trust to construct a fish passage through Slippery Crossing, OldLismore Road, on the Lower Oxley River has been successful. $30,000 has been sourcedfrom the Recreational Fishing Trust, which matched $30,000 from the NRCMA. TSCEngineering (Works) has committed $10,000 to the project, and it was requested that theTRC allocate a further $10,000. This fish passage barrier is rated by DPI Fisheries as oneof the highest priorities in the region for rehabilitation, and the proposed works will increasefish access to over 50km of high integrity upstream habitat.

Richard Hagley does not support allocation of TRC estuary funds to Oxley River Project.

Marty asked if the TRC could transfer unspent funds from the Terranora Broadwaterflood gate replacement project (funded through NHT strategic reserve) to the SlipperyCrossing Project.

It was agreed that the above option would be pursued, and that due to the importance ofthis project, that the necessary funds would be secured.

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4. Call for Project Applications: DPI Fisheries - Recreational Fishing TrustFisheries

As per the above, the next round of applications for Recreational Fishing Trust grants hasbeen called. Applications close on March 7, 2007.

Tom suggested that some money could be used for floodgate maintenance, as requestedby Graham Martin. Graham said that some floodgates are permanently closed due tobuild-up of silt. Marty advised that Fisheries approval is needed to do any sort of work andasked Graham to note the locations of any blockages and advise him of same.

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5. Grant - NSW Maritime Authority - Maritime Infrastructure Program Tumbulgum$32,500

Wharves

The Tumbulgum Heritage Wharf did not get funded, but an upgrade of the pontoon hasbeen funded, also $10,000 towards a sewer pump out facility. Recommending that TRCagree to go ahead with this.

Jane’s estimate for sewer pump out facility is approximately $30,000, however, this does need to be revised after detailed quotes.

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CORRESPONDENCE OUT:

1. Response to Nucrush Pty Ltd - Extractive Investigation LicenceDredging

As per the Committee's resolution, Council has responded to Nucrush confirming that theUpper Tweed Estuary Management Plan supports an investigative dredging licence,subject to ecological controls.

Noted for Tweed River Committee’s information.

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AGENDA ITEMS:

1. Tweed River Recreational Boating StudyBoat ramps–Master Boating Plan

The draft of this study and its recommendations were presented by Dan Messiter ofPatterson Britton.

Jane will form a sub-committee for review of draft.



Working group invitees –Bob Loring, Max Boyd , Helmut Rangger, Richard Hagley, CarlCormack, Errol Wright, Garry Smith, Richard Dunning, Tony Watts, Dan Messiter, GregBritton.

Lesley Mye joined the meeting

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2. Cobaki and Terranora Broadwaters Catchment Management Plan Review - BriefCobaki Broadwater

The brief for this study was presented for endorsement by the Committee.

Excerpt from the brief was tabled. Tom requested any feedback to be provided beforethe next meeting. The brief will be issued to 5 consulting firms within a month.

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3. Murwillumbah Town Reach Enhancement Plan - BriefEstuary Management–River Bank Erosion

The brief for this study was presented for endorsement by the Committee.

Tom will be engaging consultants in the next month. He outlined 6 objectives to increasethe aesthetic appeal of the River Reach, from Commercial Road boat ramp to CondongCreek. Feedback is requested from Committee members.

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4. Charles Bay Vegetation Management Plan - ImplementationTerranora Broadwater

The final Vegetation Management Plan for Charles Bay Reserve has been received. TheCommittee was asked to recommend engagement of contractors to implement first yearbush regeneration works as per methodologies and quotes contained in the plan.

The total estimated cost is $23,000 for first year’s implementation. There is potential to ask for CMA grant as well.

Moved: Claire MastersSeconded: Bob Loring

RESOLVED that consultants be appointed to implement first year’s bush regeneration work.

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5. Interpretive Information for Management of Aboriginal Cultural Sites - TerranoraForeshore

Terranora Broadwater

One of the recommendations of the Terranora/Cobaki Cultural Heritage Management Planis to install interpretive signage relating to Aboriginal use of this area. A Southern CrossUni final year student has prepared a report which makes detailed recommendations onsign content, location and style. The major recommendations of this report were presentedto the TRC by Tom Alletson. Lesley Mye, TSC’s Aboriginal Liaison Officer explained that the recommendations had been prepared in conjunction with the Aboriginal AdvisoryCommittee and requested TRC support for the project..

Tom and Lesley to put a detailed recommendation and budget to the TRC's next meetingfor funding under implementation of Cobaki and Terranora Broadwater. A recommendationand resolution will be made to Council.

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6. Foreshore Management, Philp Parade, Tweed Heads SouthTerranora Broadwater

It is recommended that this area be considered as the next priority for bank erosion worksand design of a foreshore walkway. Commitment to detailed investigation and design willbe requested.

Jane presented a report on this area, and said there had been complaints from residentsabout lack of access, and the need to link walkways, say to Dry Dock Road –a brief fordesign plans will be prepared.

Lesley Mye left the meeting at midday.

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7. Murwillumbah Riverbank Works - Perry Homes Development Tumbulgum RoadRiver bank Erosion

A brief report was made on the riverbank stabilisation works undertaken in association withthe Perry Homes development, 57 Tumbulgum Road Murwillumbah.

Development of private beaches is often on Crown Land which is out of Council's hands.However, the Perry Homes development had approval consent for private beach, with arequirement that report be submitted to Council again after 2yrs of work. Max discussedthe Ripples building at Tumbulgum where a private beach has also been constructed buton Crown Land. There are other cases happening along the river.

David said we need to make sure the relevant agencies are notified of any indiscretion,including our own planning department, and ensure that consent is being complied with.Max agreed and said there should be a policy on the creation of private beaches so thatthe public are actually aware of it.



Conflicting requirements for riverbank protection – eg sandy beaches, rock walls.Richard advised that the requirements are stated in the Riverbank Management Plan.

Max recommended further investigation and for TRC to take positive action and bring toPlanning Staff’s attention, with more details on approvals.

Jane to set up a workshop with DoL, DNR, DPI, Fisheries and Planners, then report backto next meeting.

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8. Proposal of Services - Continuation of Indian Myna Control ProgramBiodiversity Program

A proposal has been received for the TRC to support ongoing work in the control of IndianMyna. These birds are a very serious threat to the bird and arboreal mammal fauna of thisregion and are currently not dealt with systematically by any agency in the Tweed Shire.The proposal is a small, interim measure to try and check the spread of Indian Myna until asystematic approach to the problem can be implemented across the region.

Fee required for project - $1640, which would include a community education brochure,and the development of a trial trapping program. There will be a need for a far morecomprehensive approach in the future if this threat to biodiversity is to be addressed.

Moved: Graham MartinSeconded: Claire Martin

RESOLVED that Tweed River Committee support the ongoing control program ofTweed Byron Indian Myna Action Group services for eradication of Indian Myna tothe amount of $1640.

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9. Fishing Line Tangle BinsFisheries

A brief report was presented on this initiative designed to curb fauna entangled in discardedfishing lines.

Jane advised that there will be a trial of 5 pipes for 2 years at various fish cleaning sites,say at Jack Evans Boat Harbour, and other major sites, accompanied by explanatoryposters, for education purposes initially, to fishermen etc. Maintenance would cost about$2,500 a year, then lines would be recycled.

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GENERAL BUSINESS:

1. Cane Drain RevegetationAcid Sulfate Soils

Cane holders are keen to plant riparian vegetation along cane drains. Marty willapproach Envirofund for funding on the farmers' behalf. He requested that Tweed RiverCommittee write the letter of support, before next meeting.

Marty to liaise with Tom to prepare letter.

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2. Natural Resource Management Sub-GroupTweed River Committee

Marty presented a report on his attendance at a General Manager’s sub-group meetingon Natural Resource Management. This forum was attended by Natural Resourcepeople from other Councils, and recommendations on improving LG efficiency in thearea went back to GM’s. Marty noted that the TRC and Tweed Shire Council model and capacity to deal with NRM issues is very advanced compared to many others.

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3. Landcare ForumTweed River Committee

Claire Masters was nominated to represent Tweed River Committee at the RegionalLandcare Awards and Forum 29/30 March in Grafton. Claire noted that TSC has beennominated in the local government category of the Landcare awards, and thanked Janefor her assistance in preparing the application

Moved: Max BoydSeconded: Bob Loring

RESOLVED that Claire be funded to represent the Tweed River Committee at theLandcare Forum in Grafton on 29/30 March 2007.

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5. Acid Sulphate Soil Contamination - Cobaki BroadwaterCobaki Broadwater

Max Boyd received a letter and photos from Lindy Smith regarding the potential forpossible contamination of Cobaki Broadwater due to Acid Sulfate Soil disturbance inassociation with construction of the Tugun Bypass.

It was suggested that an appropriate person from NSW DEC by invited to attend a TRCmeeting and report on that agency’s regulation activities in relation to the bypass.



Moved: Max BoydSeconded: Bob Loring

RESOLVED that Tweed River Committee request Council to invite a representativefrom (EPA) DEC to attend Tweed River Committee’s next meeting to advise the committee on water quality issues and the action they are taking.

RECOMMENDATION:That Council invites a representative from (EPA) Department of Environment &Conservation to attend the Tweed River Committee’s next meeting to advise the Committee on water quality issues and the action they are taking.

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6. Tweed Estuary Nature ReserveTerranora Broadwater

Jane will place this on the next meeting agenda.

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NEXT MEETING:The next meeting of the Tweed River Committee is to be held on Wednesday 11 April2007 at the Canvas & Kettle Meeting room commencing at 9.00 am.




A meeting has been arranged between the Manager North Coast Region ofDepartment of Environment and Climate Change (DECC) and CouncilAdministrators to discuss Council's concern regarding monitoring andcompliance issues on the Tugun Bypass and impacts on Cobaki Broadwater. Thismeeting is intended to address the Committee's concerns.


CORRESPONDENCE IN:

1. Banora Point Residents Association Committee MemberTweed River Committee


"That Council calls for nominations from industry groups for position on theTweed River Committee."

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GENERAL BUSINESS:


That the Committee's recommendation:

"That Council invites a representative from (EPA) Department of Environment& Conservation to attend the Tweed River Committee’s next meeting to advise the Committee on water quality issues and the action they are taking."

be changed to read:

"That water quality issues arising from the Tugun Bypass construction andits impacts on the Cobaki Broadwater be addressed at a meeting between theManager North Coast Region of Department of Environment and ClimateChange (DECC) and Council Administrators."



6 [SUB-LTC] Minutes of Local Traffic Committee Meeting held Thursday 19April 2007




Nil.


A. FORMAL ITEMS SECTION

A3 [LTC] Leisure Drive and Winders Place, Banora Point

FILE NO: DW1569795; 1570062; Traffic - Directional Signs; Lights; LATM;Signals; Parking Zones; Transport - Bus Services - Stops; WindersPlace; Leisure Drive


”That:-

1. Drawing Numbers PD6008/02 and PD 6008/04 be adopted for theproposed traffic signals at the intersection of Leisure Drive atWinders Place, Banora Point.

2. Signage be installed to include relocating the bus zone, 'No RightTurn' signs at the Golf Club entrance and 'No Stopping' signage onLeisure Drive, Banora Point."

A4 [LTC] Heffron Lane, Tweed Heads

FILE NO: DW1565632; 1566315; Traffic - Directional Signs; Speed Zones;Safety; Pedestrian - Safety; School - Tweed River High; Heffron Street;Heffron Lane; Parry Street


"That speed bumps be installed on Heffron Lane when funds are available."

A6 [LTC] Pandanus Parade, Cabarita Beach

FILE NO: DW 1551535; Pandanus Parade; Road Closures - Temporary; Festivals- Policy; Beaches - Cabarita Beach


"That Pandanus Parade Cabarita Beach be temporarily closed on the 9 and 10June 2007 for the purpose of running the event of Lions Greenback FishingCompetition."



DELEGATIONS FOR REGULATORY DEVICES

B. INFORMAL ITEMS SECTION

GENERAL TRAFFIC ADVICE

A1 [LTC] Dulguigan Road, Tumbulgum

FILE NO: Traffic - Safety; Traffic - Speed Zones; Traffic - Weight of Vehicles;Dulguigan Road; DW 1563621


"That a truck speed limit be applied and recommended that the Roads andTraffic Authority be requested to approve a 60kph truck speed limit onDulguigan Road from the quarry to Terranora Road."

A2 [LTC] Tweed Valley Way, Tumbulgum

FILE NO: DW1564654; Traffic - Safety; Speed Zones; Tweed Valley Way;Riverside Drive


"That:-

1. A reduction in the speed limit on the Tweed Valley Way is notsupported.

2. Sight distance and turning volumes be investigated to determinewhether a ban needs to be implemented on right turn movements onto the Tweed Valley Way from the intersection with Riverside Drive."



7 [SUB-TCC} Minutes of the Tweed Coastal Committee Meeting heldWednesday 11 April 2007

VENUE:Canvas and Kettle Meeting Room, Murwillumbah

TIME:Commencing at 1.15pm

PRESENT:David Oxenham (Tweed Shire Council) (Chair); Max Boyd (Tweed Shire CouncilAdministrator); Richard Hagley (Department of Natural Resources); Lance Tarvey(NSW National Parks and Wildlife Service); Peter Harding (Pottsville); JohnHarbison (Mooball); Jason Pearson (Kingscliff); Stewart Brawley, Jane Lofthouse,Tom Alletson, Mark Kingston (Tweed Shire Council)

INFORMAL:Garry Murray (GeoLINK); Jan McCrohon (Minutes Secretary)

APOLOGIES:Terry Kane (Cabarita Beach-Bogangar); Rhonda James (Caldera EnvironmentCentre); Gary Thorpe (Hastings Point); David McPherson (Department of Lands);Evan Matthews (Fingal Head) (Resigned)

Moved: John HarbisonSeconded: Peter Harding

RESOLVED that the Tweed Coastal Committee requests Council accept EvanMatthew’s resignation from the Committee and sends a letter thanking him for his contribution to the Committee and that Council calls for nominations from the FingalHead community for membership of the TCC.

RECOMMENDATION:That Council:-

1. Accepts Evan Matthew’s resignation from the Tweed Coastal Committee and sends a letter thanking Mr Matthews for his contribution to the Committee; and

2. Calls for nominations from the Fingal Head community for membership of theTweed Coastal Committee.

MINUTES OF PREVIOUS MEETING:Moved: Peter HardingSeconded: Jason Pearson

RESOLVED that the Minutes of the Tweed Coastal Committee Meeting heldWednesday 21 February 2007 were tabled at the meeting and accepted by theCommittee as a true and accurate record of the proceedings.



BUSINESS ARISING:

Item from Meeting held 21 February 2007

1. Hastings Point Marine Science Reserve

No further information has been provided. A letter was received from the Department ofLands advising Council that it has been appointed the Corporate Manager of the HastingsPoint Marine Science Reserve Trust. The letter outlines the Trust’s obligations to the Department of Lands, however, neglects to mention any funding to be made available fordevelopment of a Management Plan or to assist with management of the reserve. Councilwill now need to resolve to establish the Reserve Trust, allocate a budget and develop themanagement plan.

Moved: Jane LofthouseSeconded: Peter Harding

RESOLVED that the Committee requests Council establish a reference group forthe Hastings Point Marine Science Reserve Trust and seeks funding from theDepartment of Lands to prepare a management plan.

RECOMMENDATION:That Council:-

1. Establishes a Hastings Point Marine Science Reserve Reference Group; and

2. Seeks funding from the Department of Lands to prepare a management planfor the Hastings Point Marine Science Reserve.

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2. Lot 490 Kingscliff

Phil Fogerty, Department of Lands, advised the following by email regarding the Lot 490development selection process. A copy of the Draft Plan of Management for Lot 490 wastabled at the meeting.

“The Lot 490 tender selection is proceeding well. Part of the material we are seeking prior to selection is a draft community engagement strategy. Effective communication and consultation willneed to include a working group approach including TSC.

Lands expects that the successful developer will produce riparian and dune management plans tobe prepared and submitted as part of the DA. We expect TSC will want these also. In prescribingthe content of these plans Lands will consult with TSC. I expect Lands and TSC will both thensubmit a template of information requirements to Planning as they prepare their Director GeneralsRequirements for the project.

Lands has advised the proponents that we will base our requirements on precedents used for Salt,Casuarina etc and that the plans would need to address such things as proposed works (amenityimprovements and veg mgt), budget for implementation, proposed maintenance works, period formaintenance (assume 5 y) and budget for maintenance, provision for bonding, on-going revenuefor on going maintenance and future governance.



Lands expects that the plan could only be compiled with effective liaison with TSC. We are hopingto bed the documentation away by end June so therefore expect a consultation process tocommence in the second half of 07.”

It would appear that the next opportunity for community involvement will be later in 2007following selection of the preferred proponent and development of a detailed concept.

—————————————


3. Hastings Point Holiday Village Redevelopment

Peter Harding has a copy of the proposed development brochure.

Jane to provide an update at next meeting.

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4. Christies Creek Floodgate

Tom is currently finalising aspects of design and approvals to proceed with replacementof floodgates.

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CORRESPONDENCE IN:

1. Letter from Minister for Natural Resources advising of funding offer of $50,000 forTweed Coast Estuaries Management Plan implementation 2006/2007

Tweed Coastal Committee

—————————————

2. Marty Hancock endorsed as a non-voting member of the Tweed Coastal CommitteeTweed Coastal Committee

—————————————

CORRESPONDENCE OUT:

1. Letter to Department of Natural Resources accepting financial assistanceTweed Coastal Committee

Report going to next Council meeting.—————————————

AGENDA:



1. Terms of Reference - Tweed Coastal CommitteeTweed Coastal Committee

Revised Tweed Coastal Committee Terms of Reference were presented for discussionand amendment. Finalised version attached.

Tom confirmed that the 3 main aims of the Tweed Coastal Committee will continue tobe:-

Implementation of the Tweed Coast Estuaries Management Plan; Implementation of the Tweed Shire Coastline Management Plan; Implementation of the Tweed Coastal Reserve Plan of Management (when adopted).

The Committee is to be involved with other projects in the catchments as the issues andopportunities arise e.g. Acid Sulfate Soils and biodiversity projects.

Moved: Max BoydSeconded: John Harbison

RESOLVED that the Tweed Coastal Committee Terms of Reference be adoptedand submitted to Council for approval.

RECOMMENDATION:That Council approve the revised Tweed Coastal Committee Terms of ReferenceApril 2007.

TWEED SHIRE COUNCIL

TWEED COASTAL COMMITTEETERMS OF REFERENCE

April 2007_____________________________________________________________________

1. Aim:To assist Tweed Shire Council to protect and enhance natural resources andecosystems, and to provide for sustainable use of the environment on theTweed Coast.

2. Objectives:

• To implement the Tweed Coastline Management Plan.• To implement the Estuary Management Plan for Cudgen, Cudgera and

Mooball Creeks.• To implement the Tweed Coast Reserve Plan of Management.• To assist with preparation and implementation of other natural resource

management plans and strategies for the Tweed Coast.• To provide a forum to represent the interests of the community through

their nominated representatives.• To liaise with government and non-government agencies to attract funding.



• To work with the Northern Rivers Catchment Management Authority in theachievement of Catchment Action Plan targets.

• To advise Council and other agencies in respect to environmental issues,strategic plans or other proposals and strategies which may have an impacton the natural environment of Tweed Shire.

• To promote the natural values of Tweed Shire, educate the community intheir stewardship and assist other organisations or individuals to undertakeworks to the betterment of the natural environment.

3. Purpose of Management PlansThe plans are the output of detailed considerations, a systematic managementapproach and community involvement which aim to:-

protect, rehabilitate and improve the natural coastal environment; recognise and accommodate natural coastal processes and climate

change; protect and enhance the aesthetic qualities of the coast; ensure that all development on the coast is consistent with the protection

and appropriate management of this asset; reduce and contain the impact of coastal hazards and the potential for

coastal damage on existing and proposed coastline development; improve the recreational amenity of the coastline and estuarine

foreshores; and ensure the sustainable development and use of coastal resources.



4. Scope of ConsiderationIn fulfilling the above objectives the Committee shall consider the following:-

the type, nature, extent and significance of coastal and estuaryprocesses, their interactions and how they are affected by humanactivities;

the essential features and current state of the Tweed coast includingphysical, chemical, ecological, aesthetic, recreational, cultural, social andeconomic attributes;

the current uses and conflicts in uses. possible future developments and land uses and their impacts on the

natural processes and essential features; the need for nature conservation and remedial measures; long-term considerations of climate change; identification and assessment of management objectives; strategies to achieve these objectives such as statutory controls, works,

education programs and monitoring; community needs and desires; and the provisions of the Government’s NSW Coastal Policy, Coastline

Management Manual and Estuary Management Manual.

5. Committee ReportingThe Committee will report progress to Council via Minutes and writtenrecommendations.

A copy of the Minutes shall also be sent to the Northern Rivers CatchmentManagement Authority.

6. Meeting FrequencyMeetings to be held once every two months.

7. Term of CommitteeThe term of the Committee shall be concurrent with the term of the Council.

—————————————

2. Cudgen Lake Sustainability Assessment and Management StrategiesCudgen Lake

A copy of this Plan was made available at the meeting for members interested in providingcomment on the internal Draft document. General discussion ensued.

John Harbison, Mark Kingston, Jason Pearson, Tom Alletson, Marty Hancock to reviewPlan. Jane requested that any comments be forwarded to her by 16 May.

—————————————

3. Cudgen Creek Recreational Access StudyCudgen Creek



Garry Murray (GeoLINK) and Graham Burton (TSC) joined the meeting at 3.00pm

Copies of the preliminary Draft Cudgen Creek Recreational Study were made availableat the meeting for discussion.

Gary Murray presented outcomes from the preliminary report. GeoLINK would like toissue the finalised Draft just prior to the next Committee meeting on 13 June 2007.Following approval by Council, the finalised Draft report can then go on exhibition forpublic comment.

David Oxenham left the meeting at 3.25pm

Jane asked for comments on the preliminary draft report by Tuesday 24 April 2007.

—————————————

GENERAL BUSINESS:

1. TCC Program UpdateTweed Coastal Committee

Jane presented the 2006/07 program update.

ProgramArea

Projects Description and Status 2006/07Allocation

Balance

General Administration costs - ongoing $824Monitoring Water Quality 13 sites, bi-monthly sampling

Ongoing water quality monitoring plus eventmonitoring for Cudgen Plateau agriculturalland as per High Priority Actions "WaterQuality" and "Cudgen Plateau AgriculturalLands"

$20,000 $3,104

Hastings PointRock PlatformSign

Being developed with Hastings Pt AdventureEducation

Coast Estuarieseducation booklet

Development of a Tweed Coastal CreeksGuide for Cudgen, Cudgera and MooballCreeks describing ecology, habitat, cultural,recreational and management values of theseestuaries as per High Priority Action"Education"

$10,000 $10,586

Education

Canoe trail Completed, Cudgen signs removed, to bereplaced

$1,597

BoardwalkConstruction

Detailed design and approvals stage, someadditional grant funds received

$105,968

HeadlandRehabilitation

No current works–foreshore needs someurgent works and overall plan to addresserosion issues.

0

CudgenCreek

RecreationAccess Plan

Draft complete $20,000 $6,289

CudgeraCreek

Viewing platform& canoe access

Detailed design stage $23,995



ProgramArea

Projects Description and Status 2006/07Allocation

Balance

Christies CreekFloodgateRemoval

Project adapted as required, works tocommence soon

$35,000 $49,550

Riparian &erosionrehabilitation

MooballCreek

Hardy Parkrehabilitationproject

60% works completed at current siteCMA project $22,500

$15,000 $13,162

TOTAL $100,000 $215,075

Moved: Jason PearsonSeconded: Peter Harding

RESOLVED that the Tweed Coastal Committee accepts the budget and relatedvariations.

—————————————

2. SeagrassCanals

Peter Harding requested that the seagrass brochure he tabled be again distributed tohouseholds in the Pottsville Waters area and landlords be requested to forwardinformation to tenants. Jane advised that a story on the value of seagrass will appear innext week’s Tweed Link.

—————————————

3. Kingscliff Foreshore ProtectionBeaches–Kingscliff Beach; Coastline Management Plan

Query on the status of the Kingscliff Foreshore Protection project. David advised that theConsultants are now producing an EIS for sand nourishment and smaller seawall.

John Harbison asked what other coastal Councils are doing with regard to coastalerosion issues. Richard Hagley noted that NSW Councils were at various stages ofdevelopment of Coastline Management Plans with a number of different strategiesadopted.

—————————————

4. Sea Level RiseCoastline Management Plan

Max Boyd spoke of his concern at the potential impacts from sea level rise on coastalareas and the lack of preparedness by communities. Council has done flooding studiesbut we have little idea what impact climate change and more severe storm events willhave. Need to think about the costs involved and responsibility for protection of assets ina major storm event. Noted that the issue is not just for the immediate coastal strip but



impacts will be found in the estuary from flooding and storm surge. There will bepotentially major impacts on habitats and biodiversity from sea level rise and changes toweather patterns and shifts in microclimatic zones.

—————————————

NEXT MEETING:

The next meeting of the Tweed Coastal Committee will be held Wednesday 13 June2007 in the Canvas & Kettle Meeting Room commencing at 1.00pm.



Nil.




PRESENT:

As per Committee's Recommendations being:

"That Council:-

1. Accepts Evan Matthew’s resignation from the Tweed Coastal Committee and sends a letter thanking Mr Matthews for hiscontribution to the Committee; and

2. Calls for nominations from the Fingal Head community formembership of the Tweed Coastal Committee."

—————————————


1. Hastings Point Marine Science Reserve


"That Council:-

1. Establishes a Hastings Point Marine Science Reserve Reference Group;and

2. Seeks funding from the Department of Lands to prepare a managementplan for the Hastings Point Marine Science Reserve."

—————————————

1. Terms of Reference - Tweed Coastal CommitteeTweed Coastal Committee


"That Council approve the revised Tweed Coastal Committee Terms ofReference April 2007.

TWEED SHIRE COUNCIL

TWEED COASTAL COMMITTEETERMS OF REFERENCE

April 2007_____________________________________________________________________

1. Aim:To assist Tweed Shire Council to protect and enhance natural resourcesand ecosystems, and to provide for sustainable use of the environment onthe Tweed Coast.



2. Objectives:

• To implement the Tweed Coastline Management Plan.• To implement the Estuary Management Plan for Cudgen, Cudgera and

Mooball Creeks.• To implement the Tweed Coast Reserve Plan of Management.• To assist with preparation and implementation of other natural resource

management plans and strategies for the Tweed Coast.• To provide a forum to represent the interests of the community through

their nominated representatives.• To liaise with government and non-government agencies to attract funding.• To work with the Northern Rivers Catchment Management Authority in the

achievement of Catchment Action Plan targets.• To advise Council and other agencies in respect to environmental issues,

strategic plans or other proposals and strategies which may have animpact on the natural environment of Tweed Shire.

• To promote the natural values of Tweed Shire, educate the community intheir stewardship and assist other organisations or individuals toundertake works to the betterment of the natural environment.

3. Purpose of Management PlansThe plans are the output of detailed considerations, a systematicmanagement approach and community involvement which aim to:-

protect, rehabilitate and improve the natural coastal environment; recognise and accommodate natural coastal processes and climate

change; protect and enhance the aesthetic qualities of the coast; ensure that all development on the coast is consistent with the

protection and appropriate management of this asset; reduce and contain the impact of coastal hazards and the potential

for coastal damage on existing and proposed coastlinedevelopment;

improve the recreational amenity of the coastline and estuarineforeshores; and

ensure the sustainable development and use of coastal resources.



4. Scope of ConsiderationIn fulfilling the above objectives the Committee shall consider thefollowing:-

the type, nature, extent and significance of coastal and estuaryprocesses, their interactions and how they are affected by humanactivities;

the essential features and current state of the Tweed coastincluding physical, chemical, ecological, aesthetic, recreational,cultural, social and economic attributes;

the current uses and conflicts in uses. possible future developments and land uses and their impacts on

the natural processes and essential features; the need for nature conservation and remedial measures; long-term considerations of climate change; identification and assessment of management objectives; strategies to achieve these objectives such as statutory controls,

works, education programs and monitoring; community needs and desires; and the provisions of the Government’s NSW Coastal Policy, Coastline

Management Manual and Estuary Management Manual.

5. Committee ReportingThe Committee will report progress to Council via Minutes and writtenrecommendations.

A copy of the Minutes shall also be sent to the Northern RiversCatchment Management Authority.

6. Meeting FrequencyMeetings to be held once every two months.

7. Term of CommitteeThe term of the Committee shall be concurrent with the term of theCouncil."



8 [SUB-TRC] Minutes of the Tweed River Committee Meeting heldWednesday 11 April 2007

VENUE:Canvas & Kettle Meeting Room, Murwillumbah Civic Centre

TIME:9.10am

PRESENT:David Oxenham (Chair); Max Boyd (Tweed Shire Council Administrator); RobertQuirk (Tweed River Advisory Committee & NSW Cane Growers’ Association); Richard Hagley (Department of Natural Resources); Lance Tarvey (Dept ofEnvironment & Conservation); Claire Masters (Tweed Landcare Inc); Errol Wright(Tweed River Charter Operators); Jane Lofthouse, Tom Alletson, Mark Kingston(Tweed Shire Council)

INFORMAL:Lindy Smith, Magali McDuffie (Tweed Heads Pony Club); Jan McCrohon (MinutesSecretary)

APOLOGIES:Rhonda James (Caldera Environment Centre); Des Williams (Tweed Byron LocalAboriginal Land Council); David McPherson (Department of Lands); Bob Loring(NSW Fisheries); Martin Dobney (Action Sands Chinderah); Marty Hancock(Tweed Shire Council)

MINUTES OF PREVIOUS MEETING:Moved: Max BoydSeconded: Richard Hagley

RESOLVED that the Minutes of Meeting held Wednesday 21 February 2007 beaccepted as a true and accurate record of the proceedings of that meeting.

BUSINESS ARISING:


1. Tweed River Committee Charter

Extended discussion was held at the last meeting, with the understanding that theCommittee would adopt the new proposed charter and its objectives once Jane, Marty,Tom and Mark completed any amendments.

Tom presented the final document for the meeting to consider.

It was agreed that ‘development applications’ should be deleted.

The individual role of TRC and TCC was noted.



Richard Hagley suggested an addition of ‘and the Tweed Coastal Committee to attract funding…’ in point 4.

David Oxenham suggested instead adding another dot point– ‘To liaise with the TCC for the implementation of related programs within the Tweed catchment.’

Mark advised that rehabilitation should be replaced by restoration.

Therefore, incorporating all amendments the revised Charter of the Tweed RiverCommittee is as follows.

Tweed River Committee Charter

April 2007

Aim:

To assist the Tweed Shire Council and the community to protect and enhancenatural resources and ecosystems, and to provide for sustainable use of theenvironment within the Tweed River catchment and Tweed Shire generally.

Objectives:To prepare and implement management plans for the Tweed River Estuary.To prepare and implement plans for biodiversity conservation, management

and restoration within Tweed Shire.To plan and undertake riparian restoration works throughout the Tweed

Catchment.To liaise with other government and non-government agencies to attract

funding for the program and related environmental projects.To liaise with the TCC for the implementation of related programs within the

Tweed catchment.To cooperate with the Northern Rivers Catchment Management Authority in

the achievement of Catchment Action Plan Targets.To advise Council and other agencies in respect to environmental issues,

development applications, strategic plans or other proposals which may havean impact on the natural environment of the Tweed Shire.

To promote the natural values of the Tweed Shire, educate the community intheir stewardship and assist other organisations or individuals to undertakeworks to the betterment of the natural environment.

Moved: Robert QuirkSeconded: Claire Masters

RESOLVED that the Committee adopt the Charter of the Tweed River Committee.



Tom Alletson tabled the signed Memorandum of Understanding between Tweed ShireCouncil and the NRCMA. It includes the various roles of the two organisations andcommitments to cooperate and communicate.

—————————————


2. Tweed Estuary Nature Reserve Draft Plan of ManagementTerranora Broadwater

The issue of exclusions of certain recreational and commercial uses was discussed.

Issue of commercial use by tour vessels and yabby pumping within reserve boundariesnoted as potentially illegal.

Lance Tarvey spoke of some 15 parcels of land around Cobaki, Terranora and in themain river, but only a tiny part of these are gazetted. Restoration and protection of theseareas is the key management aim by DEC.

Jane asked Errol Wright if there were any impacts by the Tweed River charter operatorson these areas, and Lance said it might be necessary to get a tour operators’ licenceinfuture from DEC –it is a grey area at the moment. Errol advised to make a submissionfrom the Charter Operators Association.

Jane asking for comments from the Committee by Monday 23 April, in order to include ina report to Council.

—————————————

Item from Meeting held 12 April 2006

3. Stotts Channel Dredging

Tom tabled letters from Dept of Natural Resources (Richard); Dept of Lands; Dept ofEnvironment & Conservation which include advice on matters which must be addressedto proceed with a dredging project.

To move forward, the committee must commit to the preparation of a detailed projectdesign and cost estimate.

Tom recommends that consultants be engaged with expertise in designing sedimentponds, running a dredge, acid sulphate soil treatment etc. Detailed project design willshow true project cost.

Robert stated an interest in this item.



Moved: Max BoydSeconded: David Oxenham

RESOLVED that the Committee proceeds with pursuing project application andapproval for Stotts Channel dredging.

—————————————


4. Regional Landcare Awards 2007

Claire Masters, Robert Quirk and Tom Alletson attended the awards presentationevening at the South Grafton RSL Club. Claire nominated TSC in the Regional LandcareAwards 2007 and TSC received Highly Commended in the NRAC Local GovernmentLandcare Community Partnership Award. Byron Shire won this category. A letter ofcongratulations to be written to Byron.

The Chair thanked Landcare and Claire for nominating TSC and for being part of thisCommittee, and working with Council on various projects. Robert Quirk also expressedhis thanks to Tweed Landcare Inc.

—————————————


5. Invitation to DEC to present at TRC regarding regulation of Tugun BypassEnvironmental Regulations

Resolved at last meeting that TRC would invite Dept of Conservation to make apresentation at this committee. Tom spoke to Graham Budd who apologised that theydidn’t have the resources to send an officer along. They will respond in detail to anyspecific questions TRC may wish to put to them.

TRC will draft specific query and put it to DEC officers.

—————————————

CORRESPONDENCE IN:

1. Letter from the then Minister for Natural Resources offering $500,000 forimplementation of Tweed River Management Program

Tweed River Committee

Letter to go to Mr Koperburg, the new Minister for Environment & Climate Change, in thenext couple of months, inviting him to visit Tweed and look at TRC projects. Letter to bereferred to the General Manager re Minister representation list. Also summary ofCommittee projects and awards. Compile a one page fact sheet to go with letter.

—————————————



CORRESPONDENCE OUT:

1. Letter to Banora Point Residents group regarding application to sit on TRCTweed River Committee

Banora point Residents Association advised that TRC will not accept their application.

Lindy Smith & Magali McDuffie joined the meeting at 10.30am

—————————————

AGENDA ITEMS:

1. Tweed River Recreational Boating StudyBoating

Jane asking for comments on this study so that she can finalise it in the next couple ofweeks. It will come back to this meeting for adoption as a study, not a management planand no public exhibition.

Robert expressed some concern over activities such as wake boarding, and Maxexpressed his concerns also regarding damage to riverbanks causing erosion. Maxnoted that a river keeper position may assist.

David suggested that issues being directed to Council about boating activities should bedirected to Maritime Authority.

Robert asked if issue of towing could be reviewed prior to formal review of NSW MaritimeBoating Management plan.

A new report to Council is requested summarising history and outcomes ofboating/towing and seeking a revised position based on original TRC recommendation.Include in report to Council a request to NSW Maritime for an interim review of outcomesof plan implementation.

Moved: Max BoydSeconded: Robert Quirk

RESOLVED that a report be submitted to Council summarising the history of oursubmissions to the Boating Plan of Management and the outcomes and requestingthat Maritime Authority provide an interim report on the outcomes from the Plan ofManagement.

—————————————

2. DVD on Cobaki Broadwater–Lindy Smith/Magali McDuffieCobaki Broadwater

Lindy Smith presented a DVD showing images of impacts of construction activitiesassociated with development adjacent to the Cobaki Broadwater.



Lindy described her effortys in lobbying for the preparation of an MOU between all theCobaki foreshore landowners on the management of Cobaki Broadwater foreshorelands.

Tom noted that he has had brief/preliminary discussions with the Environment Managersof Tugun Bypass & Gold Coast Airport to see if a cooperative could be developed.Tweed Shire Council should be very supportive of this and encourage the process.

A letter should be sent to all parties including Dept of Lands and Aboriginal Land Councilstating our support for establishment of a joint Management Plan process, and ability tocontribute through the revision of management plans for Cobaki and TerranoraBroadwater.

Robert noted that NRCMA policy is that projects will not be funded if there is a chancethat works funded will be destroyed or damaged through future work.

Moved: Max BoydSeconded: Richard Hagley

RESOLVED that TRC recommend to Council that it supports in principle aMemorandum of Understanding between the various landholders and keystakeholders for the foreshore lands surrounding Cobaki Broadwater to conserveand enhance natural and cultural values. Further to this that Council writes to therelevant landholders and key stakeholders requesting their support for the same.

2.1 RECOMMENDATION:That Council supports in principle a Memorandum of Understanding between thevarious landholders and key stakeholders for the foreshore lands surroundingCobaki Broadwater to conserve and enhance natural and cultural values. Furtherto this that Council writes to the relevant landholders and key stakeholdersrequesting their support for the same.

Discussion on habitat compensation issues.


RESOLVED that TRC recommends that Council forwards its concerns to RTAregarding the lack of progress for the provision of compensatory habitat required aspart of the consent conditions for Tugun Bypass and that it requests the RTA toprovide an explanation of the progress to date and the current intentions.

2.2 RECOMMENDATION:That Council forwards its concerns to RTA regarding the lack of progress for theprovision of compensatory habitat required as part of the consent conditions forTugun Bypass and that it requests the RTA to provide an explanation of theprogress to date and the current intentions.

Lindy has requested from DEC the monthly monitoring reports –ground water levels,construction compliance reports–be forwarded to interested parties, and these have notbeen made available.



Moved: David OxenhamSeconded: Mark Kingston

RESOLVED that TRC request that Council write to DEC requesting that theyprovide Council with monthly monitoring reports including construction compliancereports, ground water & surface water discharges.

2.3 RECOMMENDATION:That Council write to DEC requesting that they provide Council with monthlymonitoring reports including construction compliance reports, ground water &surface water discharges.


RESOLVED that Tweed River Committee recommend to Council that in view of theinformation that has been brought before the Tweed River Committee regarding theunavailability of monitoring data and obvious impacts, that Council institutes its ownmonitoring program adjacent to the Pacific Link Alliance site as and where it cangain access.

2.4 RECOMMENDATION:That Council, in view of the information that has been brought before the TweedRiver Committee regarding the unavailability of monitoring data and obviousimpacts, institutes its own monitoring program adjacent to the Pacific Link Alliancesite as and where it can gain access.

Lindy Smith and Magali McDuffie left the meeting at 12.15pm

—————————————

3. Cobaki and Terranora Broadwaters Catchment Management Plan Review - UpdateCobaki Broadwater/Terranora Broadwater

Tom explained that the brief has gone out to 5 consultants, with submissions due on 2May, and he is hoping to appoint one of these firms. Budget $90,000.

—————————————

4. Murwillumbah Town Reach Enhancement Plan - UpdateTweed River Estuary

Tom advised that the Murwillumbah Town Reach Enhancement Plan had become moreintegrated with the Murwillumbah Locality Study –consultation studies with townspeoplehave been carried out over the last few months including redesign of Knox Park andother street scaping concepts for town. Broad recommendations have been made aboutthe river, and these can now be turned into detailed plans for Works.

—————————————



5. Charles Bay Vegetation Management Plan - UpdateTerranora Broadwater

Area of wetland reserve at Charles Bay in the Terranora Broadwater –application hasbeen submitted to the Department of Planning, as the area is SEPP14.

—————————————

6. Interpretive Information for Management of Aboriginal Cultural Sites - UpdatePlan of Management

More work being done on prices and signage.

—————————————

7. Tweed River Riparian Vine Control - Proposed Environmental Trust ApplicationRiparian Projects

Major project being discussed by Tom and Mark –applications can be submitted to theNSW Environmental Trust for amounts up to $100,000. Intention to use a helicopter tomap infestations of Cats Claw Creeper and Madeira vine.

—————————————

8. Indian Myna Control Program - Proposed Environmental Trust ApplicationBiodiversity Projects

Tom is taking at least 10 calls a week from concerned people. Joint application withByron Shire to get a coordinated trapping plan.

—————————————

9. TRC Program 07/08 Financial YearTweed River Committee

The Committee reviewed the revised program including the 2006/07 DNR financialcontribution.

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GENERAL BUSINESS:

1. NSW Environmental Trust Environmental Education GrantTweed River Committee

Mark has developed an application to the NSW Environmental Trust, in conjunction withTweed Landcare Inc, to redevelop Council’s website to include biodiversity information.

—————————————



2. Tony’s BarTony’s Bar

Lance asked for an update. The resolution was to resubmit the application for removal ofmangroves from Tony’s Bar addressing the issues raised by Fisheries.

—————————————

3. Ibis Management GroupTweed River Committee

Ecosure do the Ibis management for Gold Coast Council and Gold Coast Airport–LanceTarvey requested that Phil Shaw be invited to next TRC meeting.

—————————————

NEXT MEETING:The next meeting of the Committee is to be held on Wednesday 13 June 2007 at theCanvas & Kettle Meeting room commencing at 9.00 am.




2.3 RECOMMENDATION:That Council write to DEC requesting that they provide Council with monthlymonitoring reports including construction compliance reports, ground water& surface water discharges.

DEC have advised that the above information is not publicly available and thatCouncil would need to approach PacificLink Alliance directly for this data.

DECC (Department of Environment and Climate Change - previously DEC,Department of Environment and Conservation) have further advised that they arethe body with statutory responsibility for monitoring and compliance of the TugunBypass activities in NSW (excluding Commonwealth land) in accordance with theconditions of consent issued by the Minister for Planning. In this regard DECChave advised that they will notify Council of any significant issues of non-compliance that will impact on the Tweed Shire Council area. DEC have alreadynotified Council regarding the incident on 22 January 2007 which was reported toCouncil on 27 March 2007 (copy at the end of this report). On that occasionCouncil resolved:-

"1. This report be received and noted.



2. The Department of Environment and Conservation be requested toadvise Council of any future significant incidents relating to pollution ofwaters from the Tugun By-pass Project."

In regard to Item 2 DEC have advised Council of another incident that occurred inApril. DEC have also advised Council officers of the details of an incident on 15April 2007.

On each occasion where there has been a non compliant incident DEC have takenfollow up action to ensure risk of environmental damage is minimised oreliminated.

2.4 RECOMMENDATION:That Council, in view of the information that has been brought before theTweed River Committee regarding the unavailability of monitoring data andobvious impacts, institutes its own monitoring program adjacent to thePacific Link Alliance site as and where it can gain access.

Further to my comments on Recommendation 2.3 responsibility for monitoring theimpacts of the Tugun Bypass in NSW lies with the Department of Conservationand Climate Change. I believe DECC are discharging their responsibilities in thisarea and that it would be inappropriate and possibly unlawful for Council to enterupon lands (not under Council's control) to carry out the suggested actions.

A meeting has been arranged between the Manager North Coast Region of DECCand Council Administrators to discuss Council's concerns regarding monitoringand compliance issues on the Tugun Bypass.

Copy of Letter from Dept of Environment and Conservation:





As per Committee's recommendation being:

"2.1 That Council forwards its concerns to RTA regarding the lack ofprogress for the provision of compensatory habitat required as part ofthe consent conditions for Tugun Bypass and that it requests the RTAto provide an explanation of the progress to date and the currentintentions."

As per Committee's recommendation being:

"2.2 That Council supports in principle a Memorandum of Understandingbetween the various landholders and key stakeholders for theforeshore lands surrounding Cobaki Broadwater to conserve andenhance natural and cultural values. Further to this that Councilwrites to the relevant landholders and key stakeholders requestingtheir support for the same."



That the Committee's recommendations:

2.3 RECOMMENDATION:That Council write to DEC requesting that they provide Council withmonthly monitoring reports including construction compliance reports,ground water & surface water discharges.

2.4 RECOMMENDATION:That Council, in view of the information that has been brought before theTweed River Committee regarding the unavailability of monitoring dataand obvious impacts, institutes its own monitoring program adjacent tothe Pacific Link Alliance site as and where it can gain access.

be changed to read:

"2.3 That Council's administrators meet with North Coast RegionalManager of the Department of Conservation and Climate Change(DECC) to discuss Council's concerns regarding monitoring andcompliance issues on the Tugun Bypass."



CONFIDENTIAL ITEMS FOR CONSIDERATION

REPORTS FROM THE DIRECTOR ENGINEERING AND OPERATIONS

1 [EO-CM] Land Acquisition - Part Lot 3 DP 1106275 and Cudgera Creek,Pottsville

REASON FOR CONFIDENTIALITY:

This report is CONFIDENTIAL in accordance with Section 10A(2)(a) of the Local GovernmentAct 1993, which permits the meeting to be closed to the public for business relating to thefollowing: -

(a) personal matters concerning particular individuals

2 [EO-CM] Landscape Architectural and Consultancy Services for JackEvans Boat Harbour Stage 1, Implementation Project Part 1 - DesignDevelopment and Contract Documentation - Selection of Consultants

REASON FOR CONFIDENTIALITY:

This report is CONFIDENTIAL in accordance with Section 10A(2)(d) of the Local GovernmentAct 1993, which permits the meeting to be closed to the public for business relating to thefollowing: -

(d) commercial information of a confidential nature that would, if disclosed:(i) prejudice the commercial position of the person who supplied it, or(ii) confer a commercial advantage on a competitor of the council, or(iii) reveal a trade secret