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- CMACATCHMENT MANAGEMENT AUTHORITY

Namoi Catchment Management Authority

MINUTES

MEETING NUMBER 72

Gallery Lounge, The Crossing Theatre, Narrabri

26 September 2011

NamoiCMA Minutes - Meeting Number 72

26 September 2011

Time: Meeting commenced at 1 O:OOam.

Present: Jim McDonald (Chair), Hugh Barrett, Juanita Hamparsum, Maria Woods, Jeff Austin, Bruce Brown (GM), Matthew Davidson (OM), Samantha Moss (BM), Francesca Andreoni (SPM).

Chairs \\ clcomc

Chair welcomed NCMA Board Members and staff to the Meeting and acknowledged the Traditional custodians of the land, and Elders past and present of the Karnilaroi nation.

Pecuniary Interest Register tabled.

1.0 A 10lo:!ics

None.

2.ll f\linutcs of the Pn·' ious i\lccting (29/(18/11)

2.1 Approval of Minutes

• Resolution 72.1

That the Minutes from NCMA Board Meeting 71 (29/08/11) be accepted and placed on NCMA's website.

Carried 2.2 Updated Actions

• Action 60.3

GM noted that the CC (Nat Veg) had become a member of the Agency panel reviewing the Native Vegetation Act Regulation.

Chair stated that the Office of Environment and Heritage (OEH) had undertaken a survey of landholders regarding Native Vegetation Act information they had received and advised that the feedback had been largely negative.

• Action 60.5

GM advised that Troy Grant (Parliamentary Secretary, Natural Resources) had issued a press release on NCMA's 'Cumulative Impacts Scoping Study' at 5:30pm on 15/09/11. GM noted that due to the lateness of the release, NCMA had undertaken an additional media release in order to increase community awareness ofthe Study.

GM noted that at the request ofTony Windsor, he would be presenting the Scoping Study to Ministers Crean and Bourke and the Minerals Council of Australia on 14/10/11.

GM advised that during discussions with Richard Pearson (Deputy Director General, Department of Planning) on 20/09/11 he had made him aware of the timeframe (May, 20 12) for the release of Stage 3 of NCMA's work on cumulative impacts.

• Action 70.1

Update to be provided under Agenda Item 5.2.

Minutes of Namoi Catchment Management Authority- Meeting #72 26/09/11

• Action 70.2

Update to be provided under Agenda Item 10.2.

• Action 71.5

GM noted that the Business Plan (two pages) for the NCMA Environmental Trust would be presented at the October NCMA Board Meeting.

• Action 71.7

OM noted that the EOAM assessment methodology community consultation sessions had been deferred until after the draft EOAM had been received (due for release in October 2011 ).

• Action 71.8

GM advised that he had held discussions with Tom Grosskopf (Director, OEH) who had agreed to release the Namoi SLATS data to NCMA following a formal written request.

• Action 71.9

Chair indicated that the NCMA Board policy review would be deferred until the Board recruitment process had been fmalised.

• Action 71.10

Chair advised that two day October NCMA Board Meeting would be relocated to Tamworth, with a Board dinner to be held following a one day meeting on 24/10/11.

• Action 71.12

Chair stated that the issue of NSW CMAs becoming possibly involved in compliance related activities as a result of the LHP A Review had been discussed at the NSW CMA Chairs/GM's Meeting on 27 & 28/08/11. He advised that there was a strong agreement amongst the CMA' s that they not become involved in any compliance related activities.

• Action 71.14

Chair indicated that a Section 117 Directive would remain under active consideration during the regional strategic landuse development process.

• Action 71.16

GM advised that the CC (M&E) would present an overview of Ecological Australia's report on the "Evaluation ofBiodiversity Outcomes in the Namoi Catchment (Vegetation Extent and Condition)" at the October Meeting.

NCMA Board opened an 'In Camera' session (10:45am)

Present: Jim McDonald (Chair), Hugh Barrett, Juanita Hamparsum, Maria Woods, Jeff Austin, Bruce Brown (GM), Matthew Davidson (OM), Samantha Moss (BM), Francesca Andreoni (SPM).

NCMA Board 'In Camera' session closed (11:00am)


3.0

4.0

5.0

• Action 72.1

That the GM refer the correspondence received from Zucker Legal (22/09/11) in relation to matters related to the Mullaley Floodplain issue to NCMA's solicitor for further advice.

Hugh Barrett stated that the separation of "Policy Resolutions" and "Action Resolutions" in the NCMA Board Minutes appeared to be unnecessary.

• Action 72.2

That NCMA Board "Policy Resolutions" and "Action Resolutions" be combined into a single "Resolutions" listing in the Board Minutes.

Fo1·eshadowed General Business Items

SPM foreshadowed the need for Board discussion on the following issues:

Proposal from Ecological Australia to undertake Stage 3 of the Cumulative Risk of Mining to the Natural Resource Assets of the Namoi Catchment; and

Possible NCMA positioning on Climate Change.

Juanita Hamparsum foreshadowed possible discussions regarding Board field excursions being incorporated into Board Meeting days.

Con-espondencc (22/08/11 - 16/09/11)

Juanita Hamparsum noted a large number of EA submission requests received and queried given the volume how the submissions were being handled by NCMA. GM advised that the CC (West Namoi) was responding to each request and that both he and the OM were monitoring the Officer's workload.

J•'inancials

5.1 MTD, YTD P/L and Balance Sheet and Innstment Budget to Actuals

BM stated that on a YTD basis NCMA was $23k behind budget on recurrent expenditure and advised that under expenditure was largely due to a delay in receiving invoices for recruitment advertising, board travel expenses and minor office equipment purchases.

BM also noted that on a YTD basis NCMA was $134k over budget on investment expenditure, of which $106k was due to George Truman's redundancy payout being withdrawn from investment funds by ServiceFirst. BM advised she was chasing up reimbursement of these funds from OEH/Treasury.

Chair queried whether the NSW CMA Chairs Recruitment costs ($13k) had been received to date. The BM advised that the invoice had not yet been received and noted that the R&A Committee would need to authorise payment of the invoice out of interest monies.

• Resolution 72.2

That the NCMA Board approve the payment of the NSW CMA Chairs Recruitment costs ($13k) out of interest monies.

Carried

Jeff Austin noted StateFleet's Report which indicated the theft of a vehicle valued at $lm. BM noted that this error had been raised with StateFleet.

BM reported there were no legislative changes or disclosures.


5.2 Risk & Audit Committee

Acting Committee Chair advised that the Committee had met prior to the NCMA Board Meeting.

Acting Committee Chair noted that the Committee had discussed NCMA's Environmental Trust Deed and advised that the two page Business Plan to be provided to potential Trust investors would be developed by late October 2011.

Hugh Barrett queried whether the Trust Deed could be placed on NCMA's intranet for Board Member rev1ew.

• Action 72.3

PRO to place NCMA's Environmental Trust Deed on NCMA's intranet.

Acting Committee Chair stated that the Risk Assessment Report developed by Deloittes in 2006 required review and also advised that the objectives contained within NCMA's Strategic Plan could be aligned within any updated Risk Assessment Report.

Acting Committee Chair noted that a draft annual Work Plan was being developed by the R&A Committee.

Broad discussion occurred on a review ofNCMA's policies and segmentation between the Board's R&A and CAP Implementation Committees.

Acting Committee Chair recommended that the NCMA Board become more broadly involved in the annual reporting process.

Acting Committee Chair indicated that Minerva had been contracted to complete all outstanding issues raised within the OH&S Review.

Acting Committee Chair noted Glenn Bailey's resignation as Chair of the NCMA OH&S Committee.

Acting Committee Chair advised that three (3) external accountants had been forwarded EOI documentation to undertake a fraud audit and that a final recommendation from the R&A Committee should be available at NCMA's October Board Meeting.

Acting Committee Chair noted the development of an exit interview questionnaire for retiring Board Members.

Acting Committee Chair indicated that the Risk & Audit Committee had not discussed a number of agenda items and that matters pertaining to data security and integrity, operational and strategic risks remained outstanding.

5.3 OH&S l\latters

No OH&S matters to report.

6.0 P\'P Workino Grou

No matters were discussed due to the absence of the Committee Chair.

Nati\ e \'egetation/PVP Operations U >date

CC (Nat Veg)'s previously circulated report was taken as read.

OM noted that the reduction in the PVP backlog had stalled due to the extended absence of the CO (PVP & Projects) and the CC (Nat Veg)'s membership on the Agency panel reviewing the Native Vegetation Act Regulation.


6.1

7.0

8.0

9.11

CAP Implementation Committee

Committee Chair advised that the Committee had met via teleconference on 21109/11 and tabled a report detailing the 'Policy and Strategy Review Requirements' of the Committee.

Committee Chair noted that the Committee's Terms of Reference had been fmalised and would be placed on NCMA's intranet.

Committee Chair indicated that the main policy issues identified within the NCMA CAP (extractive industries, water, native vegetation offsets and climate change) would be progressively addressed.

Chairs Re ort

Chair's previously circulated report was taken as read.

Chair noted that he and the GM had met with the Department of Planning (DOP) on 20/09/11 to discuss the NCMA Cumulative Risk Scoping Study and noted that they appeared to have a good understanding and acceptance of the Study. Chair also advised that tight timeframes had been set by the NSW Government (end ofC'12) on strategic landuse policy, and that NCMA's Stage 3 cumulative risk modelling would not be available until May 2012.

Chair noted that Juanita Hamparsum had attended the Namoi Water Study Advisory Group Meeting on 15/09/11 at which Mal Peters (Chairman, MOC) had also been present. Juanita noted that community member representatives had expressed strong dissatisfaction at the lack of communication between the MOC and the SAG. Juanita advised that as a result of those discussions, a formalised process between the two groups had been developed.

Juanita Hamparsum also stated that the SAG had asked ifNCMA could possibly provide, if required, technical resources for community information sessions.

Juanita Hamparsum noted that there appeared to be no written Terms of Reference for a peer group review ofSchlumberger's work. NCMA Board Members noted that the Namoi Water Study was critical to providing essential spatial data for the completion of Ecological's cumulative impacts Stage 3 modelling.

• Action 72.4

Chair to write to the MOC requesting that NCMA be provided with a copy of the Namoi Water Study and the associated data base immediately upon its completion.

Chair advised that community members of the SAG were meeting on 5/10/11, with a formal SAG Meeting to follow on 1111 0/11.

Chair advised of a SRLUP Meeting on 11110111 and the need to discuss NCMA' s "resilience" based CAP and our cumulative impacts of mining modelling.

Generall\lanagc•·'s Report

GM's previously circulated report was taken as read.

GM stated that he remained confident NCMA would receive $179k from Catchment Action NSW Funding to support Stage 3 of the cumulative impacts modelling, with approval of the funding currently awaiting 'sign off from the Minister.

GM noted that NCMA's Catchment Action NSW funding had been increased to $2.324m and that funding for our two competitive C40C bids had also been approved.


• Action 72.5

PRO to draft up a media release congratulating Landcare entities (Pian Creek and SNELC) in the Namoi Valley on securing C40C competitive bid funding.

GM noted that John Winter-Irving (Chair, Southern New England Landcare Committee) had passed away. GM advised that a card had been sent to John's family on behalf of all NCMA Board Members and staff.

I 0.0 Stl·atcuic Pia nning/, \cth ities Re o•·t

SPM' s previously circulated report was taken as read.

Namoi Aboriginal Advisory Committee- Terms of Reference

SPM noted the previously circulated 'Attachment C' to her report, and requested the NCMA Board approve the change to the Namoi Aboriginal Advisory Committee's (NAAC) Terms of Reference to include a governance training/capacity building component.

Hugh Barrett noted a sentence within the TOR stating that: "Namoi CMA Committee members are required to participate in all training deemed relevant by Namoi CMA staff ... " and indicated that the sentence should be changed to define "Namoi CMA staff' as being the "CO (Aboriginal Communities)".

• Resolution 72.3

SPM to amend the NAAC TOR to read:

"Namoi CMA Committee members are required to participate in all training deemed relevant by the Catchment Officer (Aboriginal Communities) ... "

Carried

Maria Woods advised that the use of the term "proxy representatives" within the TOR was an incorrect term and should be amended to read "alternative representatives".

• Resolution 72.4

SPM to amend use of the term "proxy representatives" to "alternative representatives" within the NACC TOR.

Carried

• Resolution 72.5

That the NCMA Board adopts the NAAC Terms of Reference following inclusion of the minor amendments referenced in Resolutions 72.3 and 72.4.

Carried

Proposal from Ecological Australia Pty Ltd to Undertake Stage 3 of the Cumulative Risk Assessment Project

SPM tabled a paper detailing a proposal from Ecological Australia to undertake Stage 3 of the Cumulative Risk Assessment Project and also provided a brief outline of the proposal.

SPM stated that the initial quote received from Ecological Australia Pty Ltd to undertake Stage 3 was approximately $408k (inc GST) and that negotiations were currently underway to bring the proposed delivery date forward from June 2012 to May 2012.

Brief discussion was held regarding whether NSW State Contracts Board Guidelines required NCMA to formally tender out Stage 3 of the cumulative impacts project.


• Resolution 72.6

That the NCMA Board approve the appointment of Ecological Australia Pty Ltd to carry out Stage 3 of the Cumulative Risk Assessment Project ($408k) subject to the GM clarifying the tendering guidelines.

Carried NCMA's Positioning on Climate Change

SPM tabled a paper detailing the American Society of Agronomy, Crop Science Society of America and Soil Science Society ofAmerica's "Position Statement on Climate Change".

SPM also recirculated her Board Issues Paper from 2010 outlining NCMA's possible position on Climate Change and requested further direction from the NCMA Board regarding the three previous recommendations outlined within the paper:

1. Should the Namoi CMA take a clear position on climate change?

2. What should NCMA's policy position be and how should it be presented? and

3. Should NCMA provide information to the Catchment Community or develop its own policy regarding the optimal response and most appropriate policy mix?

• Action 72.6

SPM develop a positioning paper on climate change, in line with NCMA's existing 'resilience' based CAP and Biodiversity Offsets Policy. Paper to be tabled at the October Board Meeting.

10.1 Update on the NCi\L\ CAP

SPM noted that the NCMA CAP had been submitted to the Minister, NRC and NRM SOG on 6/09/11.

SPM advised she had received an indicative timeframe for assessment of the CAP from the NRC with the final recommendation for approval expected to be forwarded to the Minister in mid to late November 2011.

10.2 Nath c Ycgctation Offsets Policy Pa c1·

SPM's previously circulated draft NCMA Biodiversity Offsets Policy was taken as read.

Broad discussion took place on NCMA's lack of ability to 'enforce' the Biodiversity Offsets Policy and it was noted that the Policy should be discussed with extractive industries in the Namoi Catchment with a view to securing their commitment to it.

• Resolution 72.7

That the NCMA Board adopts the NCMA Biodiversity Offsets Policy. Carried

11.0 Inwstmcnt/0 erations Re ort

OM's previously circulated report was taken as read.

Juanita Hamparsum queried whether the completed M&E historic baseline data noted within the Operations Report would be presented to the NCMA Board. OM noted that the CC (M&E) would be presenting the Biodiversity Outcomes on Vegetation Extent and Condition at the October Board Meeting.

12.0 PRO Rcpo1·t

PRO's previously circulated report was taken as read.


Jeff Austin noted that there appeared to be a lack ofmedia releases relating to policy issues and awareness during the month of August. GM advised that during the last month, media activity had focused heavily on the release ofNCMA's cumulative impact modelling study.

13.0 General Business

Juanita Hamparsum noted that the current structure ofNCMA Board Meetings did not allow for Members to look at on-ground investment activities.

Hugh Barrett spoke in support of Juanita Hamparsum's proposal. Chair requested Hugh to circulate his earlier proposal for two-day Board Meetings, including site visits and dinner to all Board Members.

• Action 72.7

Chair/GM to discuss possible property visits by NCMA Board Members to review NCMA on-ground activities around scheduled Board Meetings.

• Action 72.8

Hugh Barrett to circulate his previous proposal to all Board Members.

14.0 Next Board Meeting Date

Next Board Meeting to be held Large Conference Room, NCMA Offices, Tamworth on 24 October 2011.

Jim Chair

Bruce Brown GM Nomoi CMA


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