business paper 16 december 2015 - mid-coast council · 2018-02-06 · 6.2 office of the minister...

WINNER OF THE 2015 TIDY TOWNS AWARD

Business Paper

16 December 2015

Council Meeting

Commencing at 9.30am

Agenda Gloucester Shire Council Ordinary Meeting – 16 December 2015

Dear Councillor

I advise that the next Ordinary meeting of Council will be held on 16 December 2015.

Danny Green

General Manager

AGENDA – 16 DECEMBER 2015

ORDINARY COUNCIL MEETING

DECLARATION OF PECUNIARY OR NON-PECUNIARY CONFLICT OF

INTEREST (NATURE OF INTEREST TO BE DISCLOSED)

WELCOME TO COUNTRY

“We hereby acknowledge the original custodians of this land, the Worimi and Biripi peoples,

and pay our respects to Elders, past and present.”

ADDRESS FROM PUBLIC GALLERY

Members of the public who wish to raise matters from the Public Gallery relating to any

Agenda items, including Planning matters and Development Applications, and who have

made arrangements with the General Manager to do so, are advised that this section of the

Agenda will be considered at approximately 9.40am, following adoption of last month’s

Council meeting minutes.

APOLOGIES

CONFIRMATION OF MINUTES – Ordinary Meeting held 18 November 2015

MATTERS ARISING FROM MINUTE

OUTSTANDING ACTIONS FROM PREVIOUS MINUTES


1. Delegates Reports

REPORTS OF STAFF

2. Planning and Environment Report

2.1 Development applications Approved for November 2015 ............................. 1

2.2 Draft Hunter Regional Plan ........................................................................... 4

2.3 Companion Animals Identification Process................................................... 9

3. Finance Services Report

3.1 Investment Report as at 30 November 2015 ................................................ 14

4. Technical Services Report

4.1 Road Encroachment at No 50 Thunderbolts Way ........................................ 17

4.2 Works Progress Report ................................................................................ 20

5. Committee Reports - External Bodies

5.1 Minutes of the Ordinary Meeting of MidCoast County Council

held 20 October 2015 ................................................................................... 25

5.2 Minutes of the General Meeting of Country Mayors Association held 5

November 2015 ............................................................................................ 25

5.3 Minutes of the Annual General Meeting of Country Mayors

Association held 5 November 2015 .............................................................. 25


6. Government Circulars, Ministerials and Correspondence

6.1 AGL – Response to Report by Groundswell Gloucester ........................................ 48

6.2 Office of the Minister for Agriculture and Water Resources and

Minister for Environment, The Hon Greg Hunt MP ................................................. 48

6.3 The Hon Anthony Roberts MP, Minister for Industry, Resources & Energy............ 48

7. General Business

Outstanding Actions from Previous Minutes Gloucester Shire Council Ordinary Meeting – 16 December 2015

OUTSTANDING ACTIONS FROM

PREVIOUS MINUTES

Matters Arising

Minute No.

Subject Action Status

- - Dairy Operation Issue Oder to business operator. Solicitor to re-issue Order in new year.

Outstanding Actions

Item No

Type

Meeting

Details

Action

By Whom

Response

1 Resolution 76/13

June 2013 Memorial to the late Jack Cook

Provision of a plaque

MPE Awaiting opportunity to apply for Heritage Funding

2 Task 21 October 2014

Draft Gloucester Shire Council s94 Plan for Traffic Generating Development 2015

Document to be workshopped by a Focus Group and placed on pubic exhibition

GM/MPE Focus Group meeting to be convened

3 Report 21 October 2014

Lismore Council’s banning of gas exploration vehicles utilizing local roads

To be investigated with a report back to Council

GM Refer to email sent to all Councillors 7/12/2015

4 Resolution 211/15

18 November 2015

Lifespan of traded Council trucks

To be investigated and advise Council

GM Refer to email sent to all Councillors 9/12/2015

Delegates Reports Gloucester Shire Council Ordinary Meeting – 16 December 2015

1. DELEGATES REPORTS

1.1 National Local Roads and Transport Congress – 17-19 November 2015 – Report by

Manager Technical Services

The 2015 National Local Roads and Transport Congress was held in Ballarat on 17-19

November with approximately 250 attendees Australia wide.

Notable presentations were made by the Deputy Prime Minister, the Hon Warren Truss MP, Sal

Petroccitto, the Chief Executive Officer, National Heavy Vehicle Regulator, Geoff Roorda of JRA

and Associates and author of the National State of the Assets 2015 Report, the Hon Paul

Fletcher, MP, Minister for Territories, Local Government and Major Projects and Shadow

Minister for Infrastructure and Transport, the Hon Anthony Albanese MP.

Presentations by the various speakers will be available on the Australian Local Government

Association’s website and all provide interesting reading.

Of note was a presentation by the Deputy Prime Minister, the Hon Warren Truss, who confirmed

his support for the Roads to Recovery Program, highlighting the commitment by the Federal

Government to double this program over the next 2 years. It was noted that one of the main

aims of this increased investment was to stimulate the economy and provide improved

infrastructure.

Unfortunately, it was noted that the freezing of the FAG Grants has now resulted in payment to

local governments reducing from 1% of GNP to approximately 0.7% of GNP. The long term

implication of this freeze on increasing FAG grants will nullify the advantages of the Roads to

Recovery increases within approximately 4 to 5 years. Minister Truss conceded this point and

advised that the Government would certainly be reviewing the matter.

Interestingly, the Hon Anthony Albanese, Shadow Minister for Infrastructure and Transport, also

confirmed his commitment for the Roads to Recovery Program and also acknowledged the

impact of the current Federal Government’s freezing of the FAG grants as counterproductive.

While the thrust of the Congress was to ensure that Roads to Recovery funding would be

maintained, it was also noted that it was vital that FAG grants be returned to previous levels to

ensure the benefits of the Roads to Recovery Program were not mitigated by losses from the

FAG program.

Concern was also raised at the conference in relation to the changes to the funding conditions

in relation to Disaster Funding Programs. It was noted that the new requirement not to allow the

use of Council day labour during normal work hours for storm or flood damage restoration

resulted in inefficiencies and increased costs of the remedial works. Shadow Minister Anthony

Albanese confirmed he was very supportive of the use of Council day labour forces with such

restorations and was overall very supportive of local government determining its priorities and

delivering projects with in-house and day labour resources as opposed to contracts. The


Deputy Prime Minister, Warren Truss, acknowledged the concern and advised that the matter

would be reviewed.

The National State of the Assets 2015 Report was presented by Geoff Roorda. In that report it

was noted that the gross replacement value of local government infrastructure for all Australian

Councils is estimated at $438B, of which 11% or $47B worth of assets were considered to be in

poor or very poor condition with some geographic concentration of risk such as timber bridges in

high rainfall areas. Infrastructure costs in these areas are also much higher.

It was interesting to note that local government raised around 3.4% of Australia’s total taxation

revenue per annum but had an annual expenditure of around 6% of total public sector spending

(ie $33B). Geoff noted that the infrastructure gap has been decreasing thanks to Roads to

Recovery funding, with the exception of timber bridges.

Conclusion

The Congress was supportive of the increase in Roads to Recovery funding and that of the

commitment by both sides of government to include this funding as a permanent feature of the

budget. It was however noted that there was a need to restore the FAG grants with indexation

after the current 3 year freeze. If this is not done, then there would be an effective 13% loss of

funding that would wipe out the current Roads to Recovery increase. It was noted the FAG

grant comprised 1% of Commonwealth tax revenue in 1996 but had now dropped to less than

.7% and was continuing to drop. There was a definite need to restore return to local

government to at least 1%.

Approximately 250 delegates attended the conference which was considered to be a success.

Councils were urged to send representatives to this Congress to ensure that it remained a

plausible voice that governments would listen to


1.2 2015 Small Bridge Conference – 23-25 November 2015 – Report by Manager

Technical Services

This conference is conducted every second year; the current conference was held between

Monday 23 to Wednesday 25 November 2015 at the Melbourne Cricket Ground. This

conference provided the latest in bridge technologies and construction methodology resulting

from presentations by both local government and industry alike, with reviews of traditional and

state of the art bridge designs. It was noted that in Australia there are some 43,000 hardwood

timber bridges, most of which are approaching the end of their useful life. To replace all of

these with state of the art high cost bridges is just not an economic option. So while many of

the rehabilitation and replacement options utilising state of the art materials and techniques are

attractive from a bridge builder’s point of view, from a community’s point of view with limited

budgets, there is a need to try to consolidate existing structures where possible and refurbish

rather than replace.

Recent developments in timber technology can provide low cost options utilising treated and

“glue laminated” timber members and decks. These structures are rated at 100 years of life and

are viable alternatives to traditional pre-stressed and reinforced concrete. The conference

again reinforced my conviction that Gloucester’s Bridge Replacement Program remains one of

the most cost effective solutions to the bridge infrastructure management issue.


1.3 Integrity Management in Local Government – Seminar – 2 December 2015 –

Report by Cr John Rosenbaum

The Australian Institute of Company Directors recently presented a one day seminar on Integrity

Management in Local Government. The seminar was sponsored by Statewide Mutual.

I attended - the General Manager had already attended such a seminar.

Councillors and Council Officers have an important responsibility to drive organisational outcomes that benefit communities and stakeholders, delivering services to meet our community’s needs fairly, equitably and without favour or undue influence. The seminar was aimed to:

• Recognise leadership competencies and behaviours in yourself and others and evaluate yourself as a leader

• Examine strategic leadership within a Council context and identify the differences in leadership for Councillors and management

• Recognise the links between risk management, risk culture and effective leadership • Explain the purpose and essential features of good governance within local government

organisations • Explore the differing relationships and behaviours between management and councillors • Outline the key duties and responsibilities of Councillors and explain the associated

liabilities and their related protection

Develop skills to identify major components required in an effective Integrity Management System Framework

Planning and Environment Report Gloucester Shire Council Ordinary Meeting – 16 December 2015

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2. Planning and Environment Report

2.1 Development Applications Approved for November 2015

Report Author: Urban and Regional Planner

Responsible Officer: Manager Planning and Environment

Executive Summary

The General Manager and Manager of Planning and Environment have delegated authority to

approve certain development applications and all others are approved by Council. All

development applications approved since the last meeting are listed hereunder for Council’s

information.

RECOMMENDATION

That the report be received and noted.

Detailed Report

DELEGATED

AUTHORITY

OR

COUNCIL

CONSENT

NO

Applicant SUBJECT LAND NATURE OF

DEVELOPMENT

Refused

Delegation

CDC

199/2015

Mr JA Staniland

Lot 112 DP 116292

361 Titaatee Creek Road

Titaatee Creek

New Rural Dwelling

Delegated CDC

215/2015

Mr DW Galvin

Lot 26 Sec 14 DP 192505

52 Philip Street

Additions to

Existing Dwelling


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Gloucester

Delegated 2015/2435

Catholic Diocese

of Maitland-

Newcastle

Lot A DP 116298

47 King Street

Gloucester

Change of Use to

Community

Services Centre

and New

Advertising Sign

Council 2015/2439 Calco Surveyors

Pty Ltd

(Mr HA Wall)

Lot 38 DP 1072350

8 Pigna Barney Lane

Gloucester

One (1) Lot into two

(2) Lots Large Lot

Residential

Subdivision

Delegated

2015/2443

CC01

Mr DA Glacevich Lot 31 DP 1178716

Oakey Creek Road

Bowman Farm

Rural Shed

Refused

Council

2015/2431

BJ Montgomerie

Lot 11 DP 864348

13 Matcham Close

Gloucester

Section 82A

Review of

Determination

One (1) into Three

(3) Lots Large lot

Residential

Subdivision

Notes:

A. Reasons for refusal of CDC 199/2015:-

The Applicant has failed to satisfy Clauses 3A3.7(3) of the State Environmental Planning

Policy (Exempt and Complying Development Codes) 2008 as follows:

1. The Applicant has not submitted certification from a suitably qualified [person, or Council outlining that the proposed development is not located in bush fire attack


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level-40 (BAL-40) or the flame zone (BAL-FZ). Council requested these items to be submitted in correspondence dated 26/6/2015 and 21/8/2015.

B. Reasons for Council Refusal of Section 82A Review of Determination for DA 2015/2431

remain as outlined as per Council’s Resolution at its General Meeting 21 October 2015.

TOTALS-

Total No for 1st November 2015 to 31st November 2015: 4

Total Value of works for November 2015: $ 87,925

Total No for 1st November 2014 to 31st November 2014: 17

Total Value of works for November 2014: $ 912,500

Alignment with Strategic Plan

This report enables Councillors to keep abreast of current levels of development activity.

Finance and Resource Implications

Nil.

Policy Implications

There are no policy implications arising from this recommendation.

Statutory/Regulatory Consideration

Nil.

Attachments

Nil.


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2.2 Draft Hunter Regional Plan

Report Author: Manager Planning and Environment


Executive Summary

The Draft Hunter Regional Plan (Attachment 1) is a 20 year plan for the Hunter region,

encompassing both the Upper and Lower Hunter. It prioritises growing and diversifying the

Hunter economy with goals and actions geared to developing the region as a powerhouse

economy, a centerpiece of environmental protection and one of the great places to live in the

State.

The draft Plan identifies four discrete regional landscapes – Western Hunter, Northern Tops,

North East Coast and Hunter City. Gloucester is located in the Northern Tops subregion. The

draft Plan will be on public exhibition until 28 February 2016.

Council’s Planning & Environment Department have reviewed the draft Plan and are generally

in support of the vision, goals and actions as they relate to:

Protecting the region’s most important asset, the environment

Growing and diversifying the economy to create local jobs

Creating thriving, liveable centres

Delivering greater housing choice

Collaborating with Councils to establish a committee to drive the coordination and

delivery of the actions in the Plan.

RECOMMENDATION

That Council make a submission to the Draft Hunter Regional Plan based on the

recommendations contained within this report.

Detailed Report

The draft Hunter Regional Plan (dHRP) has been released as part of a series of Regional Growth Plans across NSW to plan for the state’s future population’s need for housing, jobs, infrastructure and a healthy environment.


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The Illawarra Regional Plan has been approved, with plans for the Hunter Region and Central Coast Region now on exhibition. Plans are currently being prepared for the North Coast Region, Central West and Orana Region, New England North West Region, South East and Tablelands Region and the Murray Murrumbidgee Region. The draft Hunter Regional Plan also includes a separate Draft Plan for Growing Hunter City

(Attachment 2) which relates specifically to Goal 1 of the dHRP. Both plans rely on a number of

strategic plans and studies to inform their development.

Goal 2 – Grow the Largest Regional Economy in Australia identifies a number of Directions

and Actions which relate to the Gloucester area as identified in the Northern Tops Landscape.

Direction 2.1 Promote investment to grow regional rural and resource industries acknowledges

the importance of securing energy supply for the state of NSW and the contribution the Hunter

makes with undeveloped potential to supply coal seam gas resources in the Gloucester basin

and Newcastle coalfields, and the potential to develop large-scale renewable energy projects.

Protecting future access to these resources is a function of land use planning and is achieved

through Action 2.1.1 Identify energy and mineral resource lands to support sustainable growth

of mining industries and diversification of NSW energy supplies. Direction 2.4 Manage

competing and conflicting interests in rural and resource areas to provide greater certainty for

investment, with Action 2.4.1 Plan for the ongoing productive use of extractive resource lands

also seek to support Goal 2 though developing land use plans that respond to the lifecycle of an

extractive resource area with staged approaches that recognise the sequential nature of

activities.

Action 2.1.2 Support the growth of the region’s important primary industries seeks to maintain

the supply of strategic agricultural lands, which are important to the State’s economy. Having

regard to agriculture, the dHRP relies on the Agriculture Industry Mapping Pilot Project 2011-12,

which identified highly suitable lands for each leading agricultural industry in six local

government areas, including Gloucester (Attachment 3).

This project recognises that 52% of the LGA total area is occupied by 376 farm holdings

(152,346ha), with 82% of those holdings grazed and less than 1% used for crops or horticulture.

Agricultural activities in Gloucester contribute $52mil to the economy. Figure 9 of the Draft

Hunter Regional Plan indicates Selected Primary Industries.

It is recommended that Council seek greater consideration of the recently completed

HCCREMS Agricultural Lands Mapping of the Hunter, Central & Lower North Coast

region, NSW April 2015 (Attachment 4), which provides a much greater level of detail

regarding strategic agricultural lands for the Gloucester area.

Action 2.2.2 Develop strategies for enhancing tourism infrastructure to increase national

competitiveness identifies the significant contribution tourism in the region makes to the

economy and acknowledges the need to prioritise infrastructure that will support the tourism

industry, including connections to tourism gateways and attractions such as The Bucketts Way.


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Goal 3 – Protect and Connect Natural Environments identifies a number of Directions and

Actions to ensure the Hunter’s natural environments sustain important terrestrial and aquatic

ecological systems. Direction 3.1 Protect the natural environment and biodiversity includes a

High environmental values map (Figure 11). Council, through its long term involvement with

HCCREMS have identified biodiversity data of a much greater accuracy throughout the Hunter

than the OEH data used to inform this map.

It is recommended that Council seek greater consideration of the recently completed

HCCREMS Interim Biodiversity Data products (including the Hunter, Central and Lower

North Coast Connectivity Assessment and Species Distribution Models), which provide a

much greater level of detail regarding biodiversity values for the Gloucester area than

that depicted in Figure 11, particularly as it relates to the Barrington Tops to Myall Lake

link focus area (Figure 12).

Goal 4 – Support Robust Regional Communities provides a number of Directions and

Actions in recognition of the importance of regional centres such as Gloucester in providing

services to rural communities and managing the majority of the region’s productive lands and

natural assets.

Direction 4.1 Focus housing and service growth towards Hunter City and the region’s existing

towns and villages has important implications for regional centres such as Gloucester as it has

the effect of prohibiting further rural residential growth outside of areas already identified as the

region already “has a sufficient supply of land for rural living any additional areas will have to

sustain the region’s agricultural and environmental values and minimise the costs of providing

services”. This Direction recognises that the Upper Hunter Strategic Regional Land Use Plan

(2012) identified the future land requirements for growth of regional towns, with those areas

protected from encroachment of coal seam gas activities through NSW Government Policies.

In making a submission to the dHRP it is worth noting that these policies and

“protections” do not apply to the Gloucester landscape.

Direction 4.2 Provide housing and services that meet local communities’ needs in conjunction

with Action 4.2.1 Investigate options to integrate the delivery of housing with infrastructure and

Action 4.2.2 Investigate options to establish monitoring and strategic frameworks to better

respond to the changing needs of communities with seasonal populations in regional towns and

villages have identified a significant housing issue for the Gloucester community with a rapidly

aging population combined with a growing short term accommodation market (450 unoccupied

dwellings in Gloucester LGA in the 2011 census, representing 18% of total dwellings). Further

investigation is required to better understand the relationship between these trends and

anticipate what influence this has on housing and service demands.

Action 4.2.3 Deliver housing to meet the varied needs of communities states that the

NSW Government will require councils to prepare a local housing strategy that:


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Identifies the housing needs of the community, the range of housing types

required to support the future population, and related infrastructure

needs; and

Identifies affordable housing needs and strategies for delivery.

It is recommended Council seek the NSW Government’s commitment toward funding

any such studies and strategies as required as a consequence of the dHRP.

Action 4.2.7 Plan for the expansion of health facilities to service the region fails to

recognise Gloucester Soldiers Memorial Hospital. It is recommended Council seek to

have Gloucester Soldiers Memorial Hospital recognised by the dHRP.

The dHRP identifies the Landscape Subregions and the priorities for each subregion.

Gloucester is situated within the Northern Tops Subregion. The priorities for this subregion are

summarised as:

Grow Hunters regional economy:

develop and strengthen connections with tourist markets from within the Hunter,

Sydney and overseas;

enhance tourism infrastructure and connectivity, reinforcing the importance of

The Bucketts Way/Thunderbolts Way;

enhance links to regional services in Hunter City and Taree; and

prioritise the provision of high quality and reliable telecommunication links to and

within rural communities.

Protect and connect natural areas:

protect water quality, rural amenity and the natural assets that characterise the

region;

monitor and manage natural hazard risks including flooding and bushfire;

monitor and support the impacts of ageing populations on the accessibility and

servicing of rural communities; and

enhance regional-level habitat connectivity, while recognising the need to

continue to accommodate rural and resource industries.

Service robust regional communities

locate growth within existing towns and villages using existing and committed

urban infrastructure and services;

provide alternative methods of service provision to cater for remote access;

strengthen the roles of existing communities and the regeneration of towns and

villages that build on their rural identity and form; and

monitor and respond to the potential influence of future energy sector activity on

local employment, housing and service demands.


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Alignment with Strategic Plan/Program

Providing input into the draft Hunter Regional Plan is consistent with the Community Strategic

Plan.

Financial and Resource Implications

Nil.

Policy Implications

Nil.

Risk Considerations

There are broad risks associated with the draft Regional Plan in that issues significant to

Gloucester are not adequately represented or understood, which may in turn limit future

growth/viability of the LGA.

Statutory/Regulatory Considerations

Upon adoption, the Hunter Strategic Plan will inform development of Councils strategic plans

and will form part of the consideration of statutory assessments such as Development

Applications.

Attachments – separate to Business Paper

1. Draft Hunter Regional Plan

2. Draft Plan for Growing Hunter City.

3. Agriculture Industry Mapping Pilot Project 2011-12

4. HCCREMS Agricultural Lands Mapping of the Hunter, Central & Lower North Coast

region, NSW April 2015


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2.3 Companion Animals Identification Process

Report Author: Manager Planning and Environment


Executive Summary

The purpose of this report is to recommend a consistent approach to the entry of companion animals’ permanent identification information across MidROC councils and to request the Office of Local Government fast track the upgrade of the companion animals register software.

RECOMMENDATION

(i) That Authorised Identifiers (vets & breeders) be encouraged to enter cat and dog identification information (microchips) directly onto the Companion Animals Register at the first point of customer contact.

(ii) That Council introduce a proposed data entry fee of $10.00 into its fees and charges for each Permanent Identification (P1A) form received from an Authorised Identifier. Prior to doing so, consultation on this proposal will be undertaken with Authorised Identifiers and the draft fee be placed on public exhibition for 21 days.

(iii) That Council support an approach by MidROC to request the urgent upgrade to the NSW Companion Animals register software.

Detailed Report

All companion animals must be permanently identified with a unique microchip (Guideline on the Exercise of Functions under the Companion Animals Act, 4.1.1), and the permanent identification (microchip) information for the pet must be entered into the NSW Companion Animals register.

‘Authorised Identifiers’ insert microchips into cats and dogs and are generally vets and breeders (Guideline 2001/ID3 – Guideline for Authorised Identifiers, 1.3).


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The MIDROC Customer Service meeting on 24 August 2015 revealed that all Councils in MIDROC enter permanent identification information into the Companion Animal Register on behalf of Authorised Identifiers in their area. Data for Port Macquarie Hastings, Greater Taree and Kempsey Shire Council for Q3 & Q4 of 2014/15 appears below.

Council Jan Feb Mar Apr May Jun Total

Greater Taree 216 258 248 281 262 249 1514

Port Macquarie Hastings

240 196 162 248 161 260 1267

Kempsey Shire 40 116 99 149 82 77 563

Gloucester 73 78 66 49 42 53 361

In August 2011, the NSW Government established a Companion Animals Taskforce to analyse areas of concern in relation to the welfare regulation of companion animals in NSW. On 3 February 2014 the NSW Government released their response to the Companion Animals Taskforce, supporting the following recommendation:

“A fundamental redesign of the system under which cats and dogs in NSW are managed to ensure that more owners take responsibility for their pets. This will also consider a streamlined and easier on-line registration process for owners.” (Ministerial Circular 14-01). This included:

Expanding registration agents and providing a fee for service (14.1, 14.2);

Updating the Companion Animals Register and enabling Register self-service for owners (14.3); and

A comprehensive review and redesign of the Register and registration system. This will require further policy development and funding.” (Recommendation 20).

This Register has not been updated or redesigned since 2006 and no longer meets the business needs of its users and pet owners.

DISCUSSION

It is important to note that animal ‘identification’ and ‘registration’ are two separate steps. We are considering animal ‘identification’ here.

The function of Authorised Identifiers under the Act, Regulation and the Guidelines is:

‘To permanently identify animals and to enter the identification information associated with those animals onto the Register’.

(Guideline 2001/ID3 – Guideline for Authorised Identifiers, 3.1.2)


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Authorised Identifiers have access to the NSW Companion Animals Register to enter ‘identification information’ electronically. Once an animal is identified, the Authorised Identifier must follow one of these procedures: Option A

Enter the ‘identification information’ directly onto the NSW Companion Animals Register (the Register) within seven days of identification, or

Option B

Forward the ‘identification information’ in the proper hard-copy format (Permanent Identification Form P1A) to any local council within three days of identification.

(Guideline 2001/ID3 – Guideline for Authorised Identifiers, 4.1.1)

Option A is the strongly preferred recommended practice (Guideline 2001/ID3 – Guideline for Authorised Identifiers, 4.2.5).

The Register is set up to allow for information to be entered directly without the need for the Permanent Identification Form P1A to be completed. The Register can be accessed via at www.petregistry.nsw.gov.au. When this is completed, a Certificate of Identification for the animal can be printed for the pet owner.

Where information is not directly entered into the Register, the current practice is for both the pet owner and the Permanent Identifier to fill in the ‘Companion Animals Register Permanent Identification Form (‘the Form’) with the required information. The vet or breeder then forward one of the copies to Council. Authorised Identifiers rarely comply with the 7 day requirement and regularly store forms for weeks before sending them to Council.

On receipt of the forms Council officers:

Receive and date stamp the form.

Enter the data into the system

Print out the Certificate of Identification (Note: The current Companion Animals Register does not allow the certificate to generate as a word or pdf document so we can email this to the customer.

Mail the document to the customer.

File the form.

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


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Forms are required to be stored for the previous 2 years and the current year.

Should there be missing or incorrect information on the forms received, Council staff are then required to seek information from the permanent identifier or the pet’s owner to enable this process to be completed.

On average processing of these forms by Council staff costs around $10.00 per form and requires significant resources across councils with no current income. Given there is a more efficient and effective alternative in the form of direct entry to the system it is recommended that Council cease processing these forms free of charge.

An upgrade to the companion animals’ register software could significantly improve the usability and reporting capabilities of the system for all users.

CONSULTATION

No consultation with Authorised Identifiers has occurred at this stage, however should the recommendations be adopted Council staff will provide guidance, training and support for vets and breeders as required.

COMMUNITY IMPACTS

There is a potential positive impact for the community. Pet owners will receive a one-stop shop process with their local vet or with a breeder. Authorised Identifiers will be able to enter their customer’s pet’s details directly into the register, eliminating the need for forms and the processing of paperwork and mailing. The record will be timely and accurate.


Direction Four: an engaged and supportive community

Objective 3: Protect public health, safety and amenity

3.3 Encourage responsible management of companion animals


Budget savings would be achieved in stationery, postage and staff time. Councils do not receive any income from the Office of Local Government or from customers for this service.


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Policy Implications

Nil.

Risk Considerations

The risks are in relation to continued unfunded resources to undertake the administrative

function requirements of the Act.


As referenced above. The Companion Animals Act 1998 and the Companion Animals Regulation 2008 provide for the identification and registration of dogs and cats, how they are managed and the duties and responsibilities of their owners in NSW.

Attachments

Nil.

Finance Services Report Gloucester Shire Council Ordinary Meeting – 16 December 2015

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3. Finance Services Report

3.1 Investment Report as at 30 November 2015

Report Author: Senior Finance Officer

Responsible Manager: Manager Finance

Executive Summary Council is required to adopt the monthly report on its holding of cash and investments held at

the end of each month in accordance with the Local Government Code of Accounting Practice

and Financial Reporting.

RECOMMENDATION Council notes the investments summary report to 30 November 2015 and endorses actions

taken by the Responsible Accounting Officer in respect of investments since the October 2015

Council meeting.

Detailed Report

All Investments for the month of October have been made in line with the adopted investment

policy.

In 2007 Council purchased a CDO investment with Commonwealth bank worth $500k. Since

this time the investment's value has been reduced to zero. Council has instructed Piper

Alderman through International Litigation Partners Pte Ltd on a no win no fee basis to try and re-

coup the lost investment. Piper Alderman then opened the case up to a number of different

claimants, leaving Gloucester Shire Council as one of two lead claimants.

The case has now been settled for the group of claimants represented against Commonwealth

Bank. Council can now expect the first of two payments in the next month. The first payment is

estimated to be around $80-100k. The second smaller payment will be received once the final

legal fees have been deducted. The distribution is already included in the 2016 budget.

Squire Patton Boggs have submitted a second claim against the Fitch rating agency for any

amounts unrecovered from CBA (Fitch was the rating agency behind the Palladin investment


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purchased by Council). The submission is in very early stages at this time and it is unknown

what outcome will be achieved from this new case.

Alignment with Strategic Plan/Program Direction 5, Objective 1: Ensure sound local governance practice Financial and Resource Implications Council endeavours to make the most of the cash it holds through investments keeping within

the limits of the Investment policy. All interest and investment recovery are within set budget

votes.

Policy Implications No implications.

Risk Considerations All risks set out in the investment policy have been considered.

Statutory/Regulatory Considerations Financial Reporting Regulations under the Local Government Act require Council to be advised

of the detail of Investments held by it at the end of each month to endorse actions taken by the

Responsible Accounting Officer.

Attachments Investments held as at 30 November 2015


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Technical Service’s Report Gloucester Shire Council Ordinary Meeting – 16 December 2015

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4. Technical Service’s Report

4.1 Road Encroachment at No. 50 Thunderbolts Way

Report Author Senior Survey, Design and Property Officer

Responsible Officer Manager Technical Services

Executive Summary

An encroachment upon the road reserve was discovered at No. 50 Thunderbolts Way

during the DA process. This report is in addition to a report that was presented at the

September meeting from the Urban and Regional Planner regarding a building report

on an encroachment on Thunderbolts Way.

RECOMMENDATION

1. That Council grants the creation of the easement to permit the encroaching

structure to remain under Section 181A of the Conveyancing Act 1919.

2. That all costs in relation to the creation of an easement over the encroachment

onto the road reserve at No. 50 Thunderbolts Way be borne by the applicant.

Detailed Report

An application from Mr BL & Mrs DA Baker at No. 50 Thunderbolts Way was lodged at

council for a boundary adjustment where it was discovered that there is an

encroachment upon the road reserve.

Please see attached plan.

Council should consider for either the removal or possible retention of the

encroachment depending on the impact on the community interest.

Council has the power under the Roads Act 1993 and the Local Government Act to

give direction to remove the encroachment.

However, Council should consider whether continued occupation should be permitted.

Alternative options that will allow the encroachment to remain are as follows:-

1. A Positive Covenant registered on the adjoining property’s title, or

Technical Service’s Report Gloucester Shire Council Ordinary Meeting – 16 December 2015

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2. An Easement to Permit Encroaching Structures to remain granted by the

Council, under Section 181A of the Conveyancing Act 1919, and registered on

the adjoining property’s title.

3. A Lease, with conditions, under Section 153 of the Roads Act 1993, to the

adjoining property owner.

4. Subdivision of the road to excise the area encroached upon, closure of the road

parcel and sale of that parcel to the adjoining owner.

Financial Implications

All costs will be borne by the property owner who encroaches upon the road reserve.

Alignment with Strategic Plan and Operational Plan Program

Complies with Direction 5 – Governance and partnerships – Objective 2: Establish strong

partnerships with community groups and government.

Risk Considerations

None anticipated.

Statutory/Regulatory Consideration

Roads Act 1993

Local Government Act 1993

Conveyancing Act1919

Policy Implications

No direct implications.

Attachments

1. Plan indicating encroachment onto road reserve.

Technical Service’s Report Gloucester Shire Council Ordinary Meeting – 18 November 2015

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4.2 Works Progress Report

Report Author: Manager Technical Services

Responsible Officer: Manager Technical Services

Executive Summary

Council provides a detailed report on a monthly basis outlining works undertaken and completed

and future works proposed.

RECOMMENDATION

That the report be noted.

Detailed Report

See attached.


In line with requirement to retain core infrastructure.


Funded by approved votes.

Policy Implications

Nil.


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Risk Considerations

A planned Works Program will minimise user risk and enhance efficiencies.

`


In line with Statutory requirements and Engineering Best Practice.

Attachments

1. Works Schedule.


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4.3 River Access Management Plan

Report Author: Manager Technical Services

Responsible Officer: Manager Technical Services

Executive Summary

The rivers around Gloucester are renowned for their high quality canoeing and paddling, and

contribute considerably to the local tourism economy. Due to recent issues with river access, it

is suggested that Council consider a long term management plan for river accesses within this

local government area.

RECOMMENDATION

That Council support the development of a strategic vision for the paddling industry in

Gloucester and that a Strategic Management Plan that includes the economic importance of

paddling tourism, be compiled with local stakeholders.

Detailed Report

A meeting was held on 9 December 2015 with a view to determining a vision for future river

access, especially canoeing and paddling on the local rivers. Those invited included all

Councillors, representatives from BOAC, Wendy Hughes and Thomas Davey from the VIC,

Maritime section of RMS and representatives from the organisation Paddle NSW.

The last River Access Working Party meeting held by Council was on 17 April 2000. That

meeting recommended the following access points be pursued and improvements progressed

as funding became available:

The Cove on Manchester Road – provide car parking and improved access

Westley’s Road via the Crown Road – provide car parking and improved access

Old Bowman Farm Road – provide car parking and improved access

Relf’s Road – provide car parking and improved access

Review of potential access points at Beatties Island, Barrington Bridge and access off

Rawdon Vale Road adjacent to the bridge

Most of the above accesses have been upgraded as suggested, however as that meeting was

held 15 years ago, it is now appropriate that the matter be reviewed and reassessed.

At the meeting of 9 December, 2015 it was suggested that there was a need to identify potential

access points throughout the Shire and develop a long term management plan. The


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management plan would canvass the benefits of canoeing and paddling to the local tourism

economy, how the local river reaches complement NSW Paddling’s priorities generally and

hopefully come up with a defined set of goals which would include a list of priorities that could

be targeted by Council through the Waterways Grants Programs. It is suggested that a

management plan could be developed in conjunction with the local and State paddling industry

with Council providing in-kind support as and when required.

The recommendation if adopted, shows Council’s support for this vital and every-growing tourist

industry and will allow input into the future of river access by all relevant stakeholders.


Formally supporting the production of such a plan will have minimal impact on Council’s budget

if undertaken in conjunction with the paddling industry.

Alignment with Strategic Plan

This report and proposal aligns with the strategic plan, Direction 3 – Creating a Strong

Economy.

Policy Implications

There are no policy implications in relation to the recommendation.

Risk Considerations

Should Council not have a formal management plan which relates to river access, there is a real

risk of impacting on this sector of the tourism economy by the loss of potential river access

points.

Attachments

Nil.

Council Committee Reports Gloucester Shire Council Ordinary Meeting – 16 December 2015

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5. Committee Reports – External Bodies

5.1 Minutes of the Ordinary Meeting of MidCoast County Council held

20 October 2015

Attached is a copy of the Minutes of the Ordinary Meeting of MidCoast County Council

held 20 October 2015.

5.2 Minutes of the General Meeting of Country Mayors Association held

5 November 2015

Attached is a copy of the Minutes of the General Meeting of Country Mayors

Association held on 5 November 2015.

5.3 Minutes of the Annual General Meeting of Country Mayors Association

held 5 November 2015

Attached is a copy of the Minutes of the Annual General Meeting of Country Mayors

Association held on 5 November 2015.


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Government Circulars, Letters and Ministerials Gloucester Shire Council Ordinary Meeting – 16 December 2015

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6. Government Circulars, Letters and Ministerials

6.1 AGL – Response to Report by Groundswell Gloucester

Attached is a copy of the response by AGL to the report prepared by Groundswell

Gloucester regarding AGL’s Coal Seam Gas Field in Gloucester which was reproduced

in the Business Paper for the Ordinary Meeting of Council held on 18 November 2015.

6.2 Office of the Minister for Agriculture and Water Resources and Minister

for Environment, The Hon Greg Hunt MP

Attached is a copy of the responses received from the Office of the Minister for

Agriculture and Water Resources and The Hon Greg Hunt MP, Minister for the

Environment, to Council’s letter regarding the development of AGL’s Gloucester Project

prior to the result of the Bioregional Assessment being available.

6.3 The Hon Anthony Roberts MP, Minister for Industry, Resources and

Energy

Attached is a copy of the response received from Minister Roberts to Council’s request

concerning private insurance cover from coal seam gas impacts.


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business paper 16 december 2015 - mid-coast council · 2018-02-06 · 6.2 office of the minister...

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