upper macquarie county council council chambers mail po ......david young general manager . ordinary...

Upper Macquar ie County Counci l

Council Chambers

7 Lee Street, KELSO

Mail PO Box 703

BATHURST NSW 2795

Telephone: (02) 6338 2875 Email: [email protected]

Website: www.umcc.nsw.gov.au

ABN: 64420707530

7th June 2019 The Chairman and Members of the County Council Notice of Ordinary Meeting of the Upper Macquarie County Council - Friday 14th June 2019 I advise that an Ordinary Meeting of the Upper Macquarie County Council will be held in the Council Chambers on Friday, 14th June 2019 commencing at 2.30 pm. Your attendance at this meeting is respectfully requested. Yours sincerely David Young General Manager

ORDINARY MEETING OF UPPER MACQUARIE COUNTY COUNCIL TO BE HELD ON FRIDAY 14TH JUNE 2019

BUSINESS AGENDA ORDINARY MEETING OF THE UPPER MACQUARIE COUNTY COUNCIL

TO BE HELD ON FRIDAY 14TH JUNE 2019

1. MEETING COMMENCES @ 2.30 PM

2. APOLOGIES

3. MINUTES

* MINUTES - Ordinary Meeting of Upper Macquarie County Council

held on the 12th April 2019.

4. DECLARATION OF INTEREST

5. COUNTY CHAIRMAN REPORT (NIL)

6. GENERAL MANAGER REPORT

7. CHIEF WEEDS OFFICER REPORT (CONFIDENTIAL)

8. NOTICES OF MOTION [NIL]

9. RESCISSION MOTIONS [NIL]

10. RESOLVE INTO CONFIDENTIAL COMMITTEE OF THE WHOLE COUNCIL TO DEAL WITH

CONFIDENTIAL REPORTS

* Recommendation:

A. Council note that in accordance with Section 9(2A) of the Local Government Act (1993) the General Manager is of the opinion that business on the agenda designated ‘confidential’ and listed in the following Table 1 is of a kind referred to in Section 10A(2) of the Act and should be dealt with in a part of the meeting closed to the media and public. AND FURTHER in accordance with Section 10B(1) of the Act it is considered that discussion of the business in open meeting would on balance be contrary to the public interest.


B. Council resolve into closed Confidential Committee of the Whole Council to consider business identified as confidential, together with any confidential late reports tabled at the meeting.

C. Pursuant to section 10A(1)&(3) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of section 10A(2) of the Act.

D. Correspondence and reports relevant to the subject business be withheld from access.

E. In accordance with Section 10A(4) members of the public are invited to make representations to the Council as to whether the matters should or should not be dealt with in Confidential Committee of the Whole Council.

Table 1

REPORT SUBJECT REASON FOR CONFIDENTIALITY

[SECTION OF THE ACT]

ITEM 14 Individual Property Inspections

Section 10A 2(a) personnel matters concerning particular individuals.

11. RESOLVE INTO OPEN COUNCIL

* Recommendation:

That Council moves into the open session of the Council Meeting.

12. ADOPT REPORT OF THE COMMITTEE OF THE WHOLE COUNCIL

* Recommendation:

That the Report of the Committee of the Whole Council be adopted.

13. CLOSE OF MEETING


Certificate This is page 1 of 7 pages of the Minutes of the Ordinary Meeting of the Upper Macquarie County Council held at the Council Chambers, Kelso, on Friday 14th June 2019. Chairman...................................................... General Manager..................................................

CONFIRMATION OF MINUTES

Upper Macquarie County Council

Minutes of the Ordinary Meeting of the Council held at the

Council Chambers, Kelso, on Friday 12th April 2019

ATTENDANCE The Chairman declared the meeting open at 2.31pm. ATTENDANCE The following members were present: Council Members:

I. North (Chairman) S. Lesslie B. Reynolds A. McKibbin J. Fry D. Capel D. Kingham (Deputy Chairman)

The following staff attended: General Manager, David Young Chief Weeds Officer, Chris Jackson Biosecurity Administration Officer, Lisa Monardo APOLOGIES Moved: Councillor Capel Seconded: Councillor McKibbin Apology received from Councillor Ring.

Resolved in the affirmative.



CONFIRMATION OF MINUTES Moved Councillor Reynolds Seconded Councillor Kingham That the Minutes of the Ordinary Meeting of the Upper Macquarie County Council held on 8th February 2019 be adopted. Resolved in the affirmative Business arising from the Minutes Nil DECLARATIONS OF INTEREST Moved Councillor Lesslie Seconded Councillor Fry That Council note there were no declarations made. Resolved in the affirmative SUSPEND STANDING ORDER TO ADDRESS ITEM 9. Moved Councillor Capel Seconded Councillor Reynolds That Council suspends standing orders and address Item 9. Resolved in the affirmative. ITEM 9. WEED MANAGEMENT MATTERS Moved Councillor McKibbin Seconded Councillor Reynolds Public speakers David Stone and Bruce Gordon spoke on the impact of weeds Sticky Nightshade and St Barnaby’s Thistles respectively. That Council approves:

1. Council’s Chief Weeds Biosecurity Officer attending the areas of Panuara and Belubula River to gather information about the weeds mentioned.

2. Pending review of the status of weeds referred to herein, during the imminent regional weed strategy review, that the Weed Biosecurity Officers give increased



attention to those weeds during property inspections and issuing of weed control notices.

3. The intention to offer a non-legally binding service level agreement with each constituent council – linking the recurrent weed spraying/weed treatment program with the new additional funding contributions.

4. The active continuation of the annual aerial weed-spraying program with incremental refinements to the systems and processes that support it so as to manage risk exposure.

5. Councillors returning to their Constituent Councils and ensuring that their own Councils have plant machinery cleanliness procedures in place.

RESUME STANDING ORDERS Mover Councillor McKibbin Seconder Councillor Capel That Council resume standing orders and return to the non-confidential agenda. GENERAL MANAGERS REPORT ITEM 1. DRAFT ANNUAL OPERATIONAL PLAN 2019/2020 Moved Councillor Reynolds Seconded Councillor Fry That Council endorses the Upper Macquarie County Council Draft Annual operational Plan (2019/2020), and proceeds to place the plan on public exhibition via the County Council website. Resolved in the affirmative ITEM 2. MODEL CODE OF MEETING PRACTICE Moved Councillor Lesslie Seconded Councillor Reynolds

1. That Council endorses the draft new Code of Meeting Practice, subject to inclusion of public presentations and public question time in the Standing Agenda, and proceed to publically exhibit and invite public comment as per the requirements of the Local Government (General) Regulation (2015).

2. That subject to no public comment being received the new Code of Meeting Practice is adopted.

Resolved in the affirmative.



ITEM 3. LOCAL GOVERNMENT MODEL CODE OF CONDUCT Moved Councillor McKibbin Seconded Councillor Capel

1. That Council endorses the draft new Code of Conduct and proceed to publically exhibit and invite public comment as per the requirements of the Local Government (General) Regulation (2015)

2. That subject to no public comment being received the new Code of conduct is adopted.

Resolved in the affirmative. ITEM 4. CREDIT CARD POLICY Moved Councillor Capel Seconded Councillor McKibbin That Council adopts the Credit Card Policy UMCC_2019_12 as presented. Resolved in the affirmative. ITEM 5. Moved Councillor Reynolds Seconded Councillor Fry

1. That Council adopt the Quarterly Budget Review Statement (July 1st 2018 to March 31st 2019) prepared by the General Manager as the Responsible Accounting Officer.

2. That Council amend the 2018/2019 Budget by the amounts set out in the Quarterly Budget Review Statement (July 1st 2018 to March 31st 2019)

Resolved in the affirmative. ITEM 6. WEED BIOSECURITY PERFORMANCE REPORTING Moved Councillor Lesslie Seconded Councillor Fry That Council notes the weed biosecurity performance results (year to date) set out in this report. Resolved in the affirmative



ITEM 7. REQUEST FOR ADDITIONAL BIOECURITY FUNDING Moved Councillor McKibbin Seconded Councillor Fry That Council writes to each constituent council thanking them for their support and inviting them to enter into a ‘service-level agreement’ for the roadside weed-spraying program. Resolved in the affirmative ITEM 8. ISSUES RAISED BY CONSTITUENT COUNCILS Moved Councillor Reynolds Seconded Councillor McKibbin

1. That Blayney Council (and copy to all other constituent councils) be advised the County Council does not consider a new review of alternative governance models to be appropriate or necessary at this time but will reconsider the need for such a review in or about September 2020.

2. That the proposed joint delegation to lobby the NSW State Government for additional funding to be granted to UMCC proposed by Lithgow Council be noted with appreciation.

Resolved in the affirmative ITEM 10. COUNCIL MEETINGS & WORKSHOPS 2019 Moved Councillor Reynolds Seconded Councillor Fry

1. That the 2019 meeting schedule information be noted. 2. That the Ordinary Meeting of Council currently scheduled for Friday 23rd August

2019 be brought forward to Friday 26th July 2019.

Resolved in the affirmative. ITEM 11. NOTICE OF MOTION – AUDIT OF ROADSIDE SPRAYING Moved Councillor Reynolds Seconded Councillor McKibbin This motion was withdrawn by the mover.



ITEM 12. NOTICE OF MOTION – WEED MANAGEMENT STRATEGY Mover Councillor Reynolds Seconder Councillor McKibbin That the General Manager generate a report to Council outlining the method in which to deal with Sticky Nightshade and St Barnaby’s Thistle. RESOLVE INTO CLOSED COUNCIL TO DEAL WITH CONFIDENTIAL REPORTS Moved Councillor Reynolds Seconded Councillor Capel

A. Council note that in accordance with Section 9(2A) of the Local Government Act (1993) the General Manager is of the opinion that business on the agenda designated ‘confidential’ and listed in the following Table 1 is of a kind referred to in Section 10A(2) of the Act and should be dealt with in a part of the meeting closed to the media and public. AND FURTHER in accordance with Section 10B(1) of the Act it is considered that discussion of the business in open meeting would on balance be contrary to the public interest.

B. Council resolve into closed Confidential Committee of the Whole Council to consider business identified as confidential, together with any confidential late reports tabled at the meeting.

C. Pursuant to section 10A(1) & (3) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of section 10A(2) of the Act.

D. Correspondence and reports relevant to the subject business be withheld from access.

E. In accordance with Section 10A(4) members of the public are invited to make representations to the Council as to whether the matters should or should not be dealt with in Confidential Committee of the Whole Council.

REPORT SUBJECT REASON FOR CONFIDENTIALITY

[SECTION OF THE ACT]

CHAIRMAN’S

REPORT

General Manager’s

Performance Review

Section 10A 2(f) matters affecting the security of the council, councillors, council staff or council property.



ITEM 11 Weed Biosecurity –

February & March 2019

Property inspection period

Section 10A 2(a) personnel matters concerning particular individuals.

Resolved in the affirmative RESOLVE INTO OPEN COUNCIL Moved Councillor Lesslie Seconder Councillor McKibbin That Council moves into the open session of the Ordinary Council Meeting. Resolved in the affirmative ADOPT REPORT OF COMMITTEE OF THE WHOLE COUNCIL Moved Councillor Capel Seconder Councillor Lesslie That the Report of the Committee of the Whole Council be adopted. Resolved in the affirmative. Close of meeting at 5.07pm……………………..


This page is the start of new business at this meeting

THE START OF NEW BUSINESS FOR THIS MEETING COMMENCES HERE


Certificate This is page 1 of 1 pages of the Declarations of Interest to the Ordinary Meeting of the Upper Macquarie County Council to be held at the Council Chambers, Kelso, on Friday 14th June 2019.

DECLARATION OF INTEREST:

To assist Council Members in their correct consideration of business before them at the Meeting they are reminded to have due regard to Chapter 14 (Honesty and Disclosure of Interests) of the Local Government Act, 1993, and Section 451 particularly in relation to Disclosure and Participation in Meetings. Recommendation: That Council note any Declarations of Interest made.


Certificate This is page 1 of 1 pages of the County Chairman’s Report submitted to the Ordinary Meeting of the Upper Macquarie County Council held at the Council Chambers, Kelso, on Friday 14th June 2019.

THE COUNTY CHAIRMAN’ REPORT:

There is no Chairman's Report to the June 2019 Ordinary Council Meeting.


Certificate This is page 1 of 27 the Staff Reports to the Ordinary Meeting of the Upper Macquarie County Council held at the Council Chambers, Kelso, on Friday 14th June 2019.

MANAGEMENT REPORTS:

TABLE OF CONTENTS

ITEM 1 ANNUAL OPERATIONAL PLAN 2019/2020 .................................................................. 2 ITEM 2. WORKPLACE RETURN TO WORK PROGRAM .......................................................... 4 ITEM 3. LOCAL GOVERNMENT MODEL ‘CODE OF MEETING PRACTICE’ & ‘CODE OF

CONDUCT’ .................................................................................................................... 6 ITEM 4. NSW STATE WEED COMMITTEE ................................................................................. 8 ITEM 5. ROADSIDE WEED CONTROL PROGRAM 2018/2019 ................................................. 9 ITEM 6. AERIAL WEED CONTROL PROGRAM AUTUMN 2019 ............................................. 11 ITEM 7 PUBLIC TENDER – AERIAL WEED TREATMENT SERVICES .................................. 13 ITEM 8. POLICY REGISTER ..................................................................................................... 15 ITEM 9. COUNCIL INVOLVEMENT IN WEED RESEARCH ..................................................... 16 ITEM 10. WEED BIOSECURITY CURRENT COMPLIANCE & ENFORCEMENT STATUS as at 30th APRIL 2019 ................................................................................................. 18 ITEM 11. QUESTION WITH NOTICE BY COUNCIL MEMBER FRY – RISKS ASSOCIATED WITH HERBICIDES ................................................................ 20 ITEM 12. QUESTION WITH NOTICE BY COUNCIL MEMBER REYNOLDS – BIOSECURITY ENFORCEMENT FUND ..................................................................... 24 ITEM 13. COUNCIL MEETINGS & WORKSHOPS 2019 .......................................................... 25 REPORT ATTACHMENT SCHEDULE ......................................................................................... 26 FOR CONFIDENTIAL COMMITTEE OF THE WHOLE COUNCIL ............................................... 27



GENERAL MANAGERS REPORT

ITEM 1 ANNUAL OPERATIONAL PLAN 2019/2020

PURPOSE: Submit the Annual Operational Plan (2018/2019) to Council for adoption.

BACKGROUND: The Annual Operational Plan (2019/2020) must be adopted by the Council each year, after considering any public submissions, by 30 June 2017.

The Annual Operational Plan does three key things with regards to the next year’s operations: - (a) it identifies the routine activities that are to be undertaken during the year; (b) it provides the Budget Estimates in order to show that the cost of the operation will be funded with sufficient revenue, and it presents the Revenue Policy that in affect is the schedule of fees and charges.

The budget framework and funding allocations set out in the draft Annual Operational Plan (2019/2020) were discussed at the March 2019 Council Workshop and subsequently public exhibition was approved at the April 2019 Ordinary Council Meeting.

PUBLIC EXHIBITION: Chapter 13 Part 2 of the Local Government Act (1993) requires public exhibition of a County Council Operational Plan before adoption. In this regard, the draft Annual Operational Plan (2019/2020) was placed on public exhibition from 12th April to the 30th May 2019 along with an invitation for public submissions to be made to the Council.

No public submissions were received by the due date.

THE PLAN: The draft Annual Operational Plan (2019/2020) as exhibited was prepared from a zero-base, and presents an essentially balanced budget with revenues and expenses in the order of $1.6M each with a minimal net positive position projected.

Overall – total expenditure has been increased at 0.7% - well below inflation. Revenue has been increased by 1% - primarily the result of additional constituent council contributions.

The fixed cost cover ratio for this budget is now 93% up from 90% last year and heading for a target of 100%.

The final Annual Operational Plan (2019/2020) proposed for adoption is attached as Appendix 1. This plan is un-amended since exhibition.

COUNCIL MEMBER FEES: It should be noted that the exhibited budget provided for a nominal 2.5% increase in the statutory fees that must be paid to the Chairman and all Council Members. The actual permitted increase of 2.5% has since been set by the NSW Local Government Remuneration



Tribunal (LGRT) in their Annual Report and Determination dated 15th April 2019. This would bring the new fees for the year commencing July 1st 2019 to $2,019 p.a. for each Council Member, and an additional $7,517 for the Council Chairman. These amounts are within the minimum and maximum limits set by the LGRT.

A specific resolution of the Council is required each year to formalise the actual quantum of fees referred to herein.

PUBLIC ACCESS and INFORMATION: Once adopted, the Annual Operational Plan will, by virtue of the provisions of Division 3 of the Government Information (Public Access) Act (2009), become a public access document as it is a policy document of the Council and in particular a document containing interpretations, statements of policy and contains particulars of administrative schemes.

FINANCIAL IMPLICATIONS: The short-term financial implications resulting from adoption of the draft Annual Operational Plan (2019/2020) are minimal in that the budget and operating plan reflect the Council’s current approved direction and priorities and fixed costs are near fully funded by certain revenues and discretional costs can be largely tailored to match uncertain revenue as the financial year progresses.

The longer term financial implications resulting from matching the annual operating program with the directions of the 10-year strategic plan include ensuring the County Council can remain solvent in the longer term, and having the ability to reserve any surplus funds - as and when they arise - for use incrementally implementing the various asset replacement, innovation and enhancement activities (as well as restricted asset obligations) set out in the 10-year plan.

RECOMMENDATION: 1. That Council adopts the Upper Macquarie County Council ‘Annual Operational Plan’

for the financial year 2019/2020 as exhibited.

2. That Council approve the annual fees to be paid to the Chairman and to all Council Members from the 1st July 2019 to be the current 2018/2019 rates increased by 2.5% as permitted by the NSW Local Government Remuneration Tribunal Annual Report and Determination dated 15th April 2019. [i.e. $2,019 p.a. for each Council Member, and an additional $7,517 for the Council Chairman]




ITEM 2. WORKPLACE RETURN TO WORK PROGRAM

PURPOSE:

Present the updated workplace Return to Work Program for workers employed by Upper Macquarie County Council for Council endorsement.

BACKGROUND: The Council has an existing Return to Work Program prepared in 2017 that is now

due to expire. In addition, since the existing program was devised, there have been legislative and regulatory changes to Return to Work Program requirements.

The State Insurance Regulatory Authority (SIRA) - the NSW government agency that regulates and administers the state’s workers compensation system - has developed new Guidelines for workplace return to work programs to support, inform and guide employers, workers and other stakeholders in developing a return to work program for their workplace.

A return to work program is the foundation supporting an organisational culture of recovery at work. The guidelines are legally enforceable and detail SIRA requirements and expectations regarding employer return to work programs and coordinators under the following NSW laws:

• Workers Compensation Act (1987)

• Workplace Injury Management and Workers Compensation Act (1998)

• Workers Compensation Regulation (2016)

MANAGEMENT COMMENTS: The Guidelines identify Category 1 and Category 2 Employers, and the requirements for each are more and less onerous respectively. The County Council is a Category 2 employer as it has insurance premiums of less than $50K per annum and employs less than 20 employees.

As a category 2 Employer the County Council is required to either adopt the SIRA ‘standard’ return to work program or develop its own program based on the standard. The model program simply captures all the legislative obligations and SIRA requirements and is a simple comprehensive document that should be endorsed. The program is circulated separately as Appendix 2.

As required under the Local Government (Staff) Award (2017) - staff were consulted regarding the proposed return to work program and have offered no objections to the adoption of the program.



FINANCIAL IMPLICATIONS There is no new workers compensation cost implication associated with endorsement of the SIRA standard return to work program.

RECOMMENDATION: That Council endorses the SIRA ‘standard’ return to work program as the Council’s updated return to work program (Key Document KD_UMCC_2019_08).




ITEM 3. LOCAL GOVERNMENT MODEL ‘CODE OF MEETING PRACTICE’ & ‘CODE OF CONDUCT’

PURPOSE:

Advise Council that the recently exhibited new Code of Meeting Practice and new Code of Conduct is now adopted.

BACKGROUND: The Council at its Ordinary Meeting in April 2019 resolved to publically exhibit and invite public submissions in relation to each of the draft Code of Meeting Practice and Code of Conduct as per the requirements of the Local Government (General) Regulation (2015).

Council further resolved that, subject to no public submission on either code, that either or both codes (as applicable) be adopted in the exhibited form.

CURRENT POSITION: There were no public submissions for either code and hence both are now adopted effective from the date public submissions closed.

In practice the old codes will still be in affect until the 1st July 2019 – to allow time for familiarisation with any new requirements along with final formatting and publishing of the new codes on the council website and in hard or soft copy for Council members and staff.

Under the provisions of the (new) Upper Macquarie County Council Code of Meeting Practice 2019 there are few significant changes from existing practice, though the following changes worth noting:

• ‘Webcasting’ of meetings of the Council in which all members are Members will commence from the 14th December 2019. In practice this will mean posting audio recordings of council meetings on the council website (www.umcc.nsw.gov.au) is soon as practical after the first council meeting in 2020.

• In all formal references County Council members are no longer ‘Councillors’ of the County Council but ‘Members’ of the County Council – in this context references during a meeting to or about a member ought to be Member [surname] or Member Cr [surname].

• The General Manager relating to business on the agenda may arrange closed pre-meeting briefing sessions. Such meetings exclude the public.

• The Council may now allow questions or presentations from the public at each ordinary meeting of the Council for the purpose of hearing oral submissions from members of the public on items of business to be considered at the meeting.

Under the provisions of the (new) Upper Macquarie County Council Code of Conduct 2019 there are also few significant changes from existing practice with the following changes worth



noting:

• Many contemporary standards of care and conduct – including in relation to discrimination and harassment, bullying, work health and safety, behaviour at meetings, access to information and maintenance of council records once scattered amongst other legislation, regulations and policies – that are now brought together in the one code of conduct.

• There are new rules governing the acceptance of gifts including mandatory reporting;

• A new ongoing disclosure requirement for council Members and designated persons requiring disclosure of new interests in returns of interests within three months of becoming aware of them; and council Members are required to disclose in their returns of interests whether they are a property developer or a close associate of a property developer.

RECOMMENDATION: 1. That Council notes the new Code of Meeting Practice and new Code of Conduct for

Upper Macquarie County Council have now been adopted and will be phased into full practical affect by 1st July 2019.

2. Approves the incidental amendments required to be made, to the Council’s Gifts & Benefits Policy and Designated Persons Register, to fully comply with the new provisions of the recently adopted Council Code of Conduct.




ITEM 4. NSW STATE WEED COMMITTEE

PURPOSE:

Present the notes from the March 2019 meeting of the State Weeds Committee for Council information.

BACKGROUND:

The purpose of the State Weeds Committee is to play the key role in determining weed matters of state significance where State intervention is appropriate and required, and to play a complementary role in providing consistent policy advice to Regional Weed Committees and LCAs.

The most recent meeting of the State Weeds Committee was in March 2019.

MANAGEMENT COMMENTS: Copy of the outcome notes from the State Weed Committee is provided as Appendix 3.

Reference to Item 2 therein – it should be noted that the Chinese Violet is either ABSENT or any presence is UNKNOWN within the Upper Macquarie County Council area of operations and is of the same status in immediately adjoining LCA areas.

Reference to Item 4 therein - this pilot audit activity was that which County Council was involved with. Although and informal exercise, it was very worthwhile, confirming that the administrative and operational approach being developed and being continuously enhanced by the Council (as a local weed control authority) is both entirely relevant and well advanced.

Reference to Item 9 therein – this imminent release of the Guidelines for the 2020-2025 NSW Weed Action Program is the sign that the Council will need to make a new and robust submission is due course to justify NSW Government funding support for its routine operations.

FINANCIAL IMPLICATIONS There are no cost implications associated directly with this report.

RECOMMENDATION: That Council notes the stated outcomes from the March 2019 NSW State Weeds Committee meeting.




ITEM 5. ROADSIDE WEED CONTROL PROGRAM 2018/2019

PURPOSE: Present information about the 2018/ 2019 roadside weed control program for council roads

BACKGROUND: The County Council coordinates an annual roadside weed-spraying program along roadsides that the constituent councils hold the landholders weed biosecurity duty under the Biosecurity Act (2015).

The program targets roads that have been identified as being one or more of a ‘high risk pathway’ for weed invasion; pose a high weed invasion risk to adjacent private landholdings that are of generally of a low weed invasion risk rating; and / or need treatment for other strategic weed biosecurity reasons.

It should be noted that it generally takes two years to get the majority of weeds suitably treated along roadsides, the first year deals with the bulk of the weed problem and the second year is follow-up to treat missed or remerging plants. Accordingly some of the roads treated in any given year may require far more work than others depending on whether they were year-1 or year-2 in the current treatment program, and for year-1 how long it has been since previously treated.

RECENT PROGRAM

The 2018/2019 program took place over the period from late December 2018 to early May 2019. The panel of contractors selected through the 2018 public tender process undertook the majority of work. Council Officers undertook selected spot spraying in conjunction with inspectorial duties.

The target weed species were all of priority weeds as set out in the Central Tablelands Regional Strategic Weed Management Plan (2017-2022), and incidentally Weeds of Community Concern where they co-existed with Priority Weeds.

The more prominent targets included:

• St Johns Wart; • Cape & Scotch Broom; • Blackberry; and • Serrated Tussock.

There were 62 roads in the inspection and treatment program this year, ranging from 1km to 48 kms in length.

The program inspected and as required treated target weeds extending for nearly 900 kilometres of roadways equivalent to about 2,700 hectares of roadsides. Subject to audit of the treated areas (once sprays have had time to provide conclusive results), the treated roadsides are now expected to be of lower weed invasion risk (rating 1 or 2).



In terms of local council areas the breakdown for roadside treatment areas was as follows:

Bathurst 26 Roads (both sides) 435 kms 1,300 ha

Blayney 10 Roads (both sides) 84 kms 250 ha

Lithgow 22 Roads (both sides) 280 kms 840 ha

Oberon 4 Roads (both sides) 115 kms 342 ha

FUTURE PROGRAMS

The 2019/2020 draft annual roadside weed spraying program will be presented to Council in due course (before the next treatment season) for endorsement and subsequent publication according to the approved Pesticides Notification Plan KD_UMCC_2019_04.

WEED CONTROL ON RMS ROADS

The County Council as part of the relevant constituent council program currently treats weed along NSW Roads & Maritime Services (RMS) controlled roads (typically Highways). This has been the status quo for many years - based apparently on the local councils understanding that RMS limits it’s control to the road formation and the roadsides beyond are local council responsibility.

The target weed species along highway roadsides are the same Priority Weeds that are addressed alongside all other roads. Equally a Weed of Community Concern is not usually targeted unless it is incidental to other weed treatment; part of an isolated patch needing containment; or is part of a particular project.

An issue that arises from time to time is (for example) the case of African Love Grass (a weed of community concern) that is well established in some areas. It’s isolated treatment comes with other risks because - where it is well established - the type and extent of spraying required will render the whole area treated barren, and nothing will re-establish for some time due to the residual nature of the herbicide required to control it. In such circumstances the only practical control option would include a ground stabilisation, mulching and re-vegetation program – which are beyond the scope of the County Council. Notwithstanding if a Landcare or environmental group or the local council were to initiate a re-vegetation type project for such a weed invaded are, then the County Council could undertake the weed treatment component.

FINANCIAL IMPLICATIONS: There are no significant new funding or budget issues associated with the matters raised in this report or the program generally.

RECOMMENDATION: That Council notes the report.




ITEM 6. AERIAL WEED CONTROL PROGRAM AUTUMN 2019

PURPOSE: Present information about the Autumn 2019 aerial weed control program for private properties.

BACKGROUND: The County Council typically (subject to weather and seasonal climate conditions) delivers both a Spring and Autumn aerial weed spraying program as a cost recovery service to landholders unable to organise their own program or otherwise unable to effectively treat priority weeds in difficult to access areas.

Council was unable to deliver a spring program in 2019 due to serious drought conditions, however a successful Autumn program was delivered.

RECENT PROGRAM

The Autumn aerial spraying program took place during March and April 2019 – targeting both Blackberry and Serrated Tussock. The program treated a combined 2,620 ha of priority weeds.

Due to drought and drought related issues some landholders were unable to participate in the program on this occasion. In some cases there were no funds available as farm revenues were down and stock feeding costs were up. In other cases either there were shortages of accessible clean water (i.e. dams were empty, low or muddy) preventing spray activity, or the weed vegetation was not in a condition that spraying would have been effective and/ or treatment would have been outside label requirements.

There were 48 private landholder participants in the program targeting Blackberries with 960 ha being treated. There were also 50 private landholder participants in the program targeting Serrated Tussock with 1,660 ha being treated.

In terms of local council areas the breakdown for landholder and treatment areas was as follows:

Bathurst 37 landholders 1,466 ha

Blayney 13 landholders 222 ha

Lithgow 31 landholders 626 ha

Oberon 11 landholders 306 ha

FUTURE PROGRAMS

At the March 2018 Council Workshop, Council Members noted that for some years now the Council has been organising aerial weed treatment programs as an alternative for landholders that cannot physically or as cost effectively treat weeds through ground treatment.



While these programs can easily be disrupted by extremes of weather including drought and storms, and delivering aerial programs is very time consuming for Biosecurity Officers, there is little doubt that the aerial spray programs are appreciated by participant landholders, and more importantly it is also evident that many of the landholders serviced through the program would not otherwise have successfully treated the subject weeds so soon or so extensively.

If possible the next program will be delivered during the September to December 2019 period. Additional efforts will be made to introduce a number of refinements to the County Council’s established delivery model – to further reduce exposure to the inherent financial and legal risks; to raise farmer awareness of the program, the cost benefits and the ease of access to it. Initiatives associated with pre-flight treatment area identification using GPS mapping technologies will as far as possible be implemented along with a simplified administration process.

Expressions of interest from property owners are already being accepted by phone, email, or direct on-site with the local Biosecurity Officer. Council Members should refer any interested landholders they are in contact with to the Chief Weeds Biosecurity Officer on (02) 6338 2875 or via [email protected]

FINANCIAL IMPLICATIONS: There are no significant new funding or budget issues associated with the matters raised in this report. The recent program is expected to achieve full-cost recovery provided no new bad debts emerge.

RECOMMENDATION: That Council notes the report.




ITEM 7 PUBLIC TENDER – AERIAL WEED TREATMENT SERVICES

PURPOSE: To obtain Council approval to invite public tenders for the provision of aerial weed treatment services.

BACKGROUND: The previous practice was to issue a new tender every year for the provision of aerial weed treatment services that were required to support the County Council’s aerial weed treatment programs. The current contract will expire shortly and cannot reasonably be extended into the next program period.

In accordance with Councils Procurement Policy UMCC_2019_10, complex procurement activities of potential value greater than $50,000 require a public tender process, and in addition Clause 163 (2) of the Local Government (General) Regulation (2005) in conjunction with Section 55 of the Local Government Act (1993) (the Act) requires that (unless exempt procurement) the acquisition of goods works or services of a potential value greater than $150,000 must normally involve inviting public tenders before deciding with whom a contract should be entered into.

When inviting tenders, the Council must comply with the requirements of Part 7 Clauses 166 and 179 of the Local Government (General) Regulation (2005) (the Regulation)

POSITION: The Council has clearly indicated in recent times its desire for the ongoing provision/ availability of aerial weed treatment services, coordinated by the County Council, as a mechanism for landholders to access the benefits of this technology and get more weeds treated sooner than they may if such services were not available.

The kind of procurement required to secure aerial weed treatment services does not meet any of the exemption provisions of the Act and in any case it is desirable to ensure that competitive prices for the service are being achieved.

TENDER PROPOSAL: It is proposed to invite open public tenders as per Section 167 of the Regulation for the provision of helicopter based aerial weed treatment services (dispersing spray or pellet products) within the County Council area of operations for a contract term of three (3) years plus a further 1 year option at Council’s sole discretion and subject to satisfactory performance, on a Schedule of Rates basis with the actual extent of annual service requirements (if any) being subject to seasonal conditions, demand from eligible landholders, and policy decisions of the Council.



Given the schedule of rates nature of the proposed contract – it is recommended that the standard minimum 21 day tender period provided in Section 167 (2) of the Regulation be set on this occasion.

The recent tender and contract documentation was professionally prepared and is still of a sufficiently high standard (with minor updates) that it can be used again for the proposed procurement exercise.

Given the next (possible) aerial weed treatment program could commence anytime after September 2019, it is necessary to invite public tenders without delay.

It is planned that a report for adoption of a preferred tender will be submitted to the Ordinary Council Meeting scheduled to be held on 26th July 2019.

FINANCIAL IMPLICATIONS: The aerial weed treatment program is designed with a view to achieving ‘full-cost recovery’ as the Council has no funding available to subsidise such a program of work on private land. Accordingly the full cost of the helicopter contractor for each individual treatment is passed on in full to the relevant landholder. Additionally the Council only pays the helicopter contractor when each landholder pays the Council – notwithstanding the occasion bad debt scenario, this arrangements works well for the Council and Contractor in terms of cash flow and associated financial risk.

The contract value in any given year can vary substantially as the ability to deliver the programs depends on the prevailing seasonal and weather and economic conditions. This aside, in a year that both a Spring and Autumn program is delivered the potential annual contract value (for the required supply and operation of a helicopter for aerial weed treatment activities) can be in the order of $400,000 to $500,000 – halved if only one seasonal program is delivered.

RECOMMENDATION: That Council approves a public invitation for tenders (with a 21-day tender period) for the provision of helicopter based aerial weed treatment services for a period of three (3) years plus a further 1-year option at Council’s sole discretion and subject to satisfactory performance.




ITEM 8. POLICY REGISTER

PURPOSE: Present the updated Policy Register to Council for information.

POSITION: The current Policy Register is attached as Appendix 4.

Changes during the period from February 2019 to the end of May 2019 include the following:

1. New policies:

a. Motor Vehicle Policy (new)

b. Procurement Policy (new)

c. Credit Card Policy (new)

d. Writing off Debt Policy (new)

e. Return to Work Policy (update - in draft)

2. New key documents:

a. Pesticide Notification Plan (updated)

b. Fraud & Corruption Strategy (new)

c. Business Activity Strategic Plan (updated)

d. Code of Conduct (updated)

e. Code of Meeting Practice (updated)

Items 1 (e) above is presented for consideration at this Council Meeting.

FINANCIAL IMPLICATIONS: There are no financial implications from consideration of this report.

RECOMMENDATION: That Council notes the status of policies and key documents as set out in the updated Policy Register as at May 30th 2019.




ITEM 9. COUNCIL INVOLVEMENT IN WEED RESEARCH

PURPOSE: To consider Council’s involvement in either initiating or participating in weed research activities being undertaken by the NSW Department of Primary Industry and the normal role of the different biosecurity agencies in weed research.

BACKGROUND: A number of matters, relating to weed research and the County Councils role as a local control authority (LCA) in relation to weed research matters, have been raised from time to time at Council meetings.

The Natural Resources Commission Weeds Review in 2014 found significant differences in the effectiveness of weed management across NSW - largely because of complex processes and duplications in planning, delivery and funding arrangements. In essence there were too many organisations involved, and too many organisations doing things that were not their core business and / or they were not adequately skilled to perform properly - resulting in a disorganised industry that had little coordination or consistency in activity.

Accordingly in conjunction with the making of the Biosecurity Act (2015), and amendments the Local Land Services Act (2013) relevant organisations were rationalised and the roles and responsibilities of the different organisations were clearly set – with a view to better coordination, collaboration and cost effectiveness.

CURRENT POSITION

Within the weed biosecurity industry there are essentially five tiers of interactive responsibility and action. They are:

1. The Australian Government responsible for national plant quarantine and international border weed biosecurity through Department of Environment and Department of Home Affairs;

2. The NSW Government responsible for land and land management biosecurity through Department of Primary Industries – including state strategy, research, education, and program funding support;

3. The Central Tablelands - Local Land Services – responsible for regional law implementation, agricultural practice, regional weed strategy and extension work;

4. The Upper Macquarie County Council – responsible for local policy and implementation of weed strategy, inspections, control programs, and enforcement - as the local control authority; and

5. Landholders – responsible for individual law compliance through weed control on their own land.

In relation to WEED RESEARCH - only the Commonwealth and State governments normally lead and fund research activities, while the regional, local and individual tiers are selectively



involved in support of some research projects from time to time to assist with practice trials in real world situations. Typically such trials relate to activities such as: release and harvesting biological control agent in the environment; the use of alternative chemical treatment products and techniques; re-vegetation of weed infested lands; and modification of traditional crop/ pasture management techniques.

A copy of the NSW DPI Weeds Research, Development and Extension Strategy (2016-2021) is circulated separately as Appendix 7 for general information.

RESEARCH OPPORTUNITIES

Under current arrangements the County Council has no lead role to play in the identification, funding or delivery of independent weed research – having neither the charter nor the funding or expertise to do so properly.

Nonetheless, if the Council is at some time interested in participating in weed related research activity – particularly as a support agency for field trials of some sort – then the best way forward would be to define the areas of interest and capability the Council has and bring this to the attention of the Orange DPI Weeds Research Unit.

Otherwise, opportunities may (or may not) arise from time to time where the Council is either invited or may seek to become involved in particular research activities for good reason.

It is critical to note that good research by its nature, requires a thorough application of the scientific method and timely attention to the ‘doing of things’ required for objective and rigorous study. As a result any involvement in research activity (by the County Council) supporting a lead agency will require very firm commitment to meeting the requirements of the research project plan above all else.

FINANCIAL / COST IMPLICATIONS: Consistent with the requirements of the model Code of Meeting Practice, the Council is advised that any decision that contemplates the Council’s involvement in research activities will inevitably have financial and resourcing implications that will need to be fully understood (and the subject of a report to Council) before any commitment is made.

The County Council’s recurrent budget is already fully accounted for in funding it’s core responsibilities as set out in the Biosecurity Act – that is inspecting properties, enforcing compliance, coordinating control programs, and dealing with weed biosecurity risk.

Accordingly, involvement in new or different activities – including research initiation or other agency support with research - will have a cost impact on the budget either through additional cost imposition or through opportunity cost, in either case at least reducing the quantum and /or quality of Council’s existing core business activity.

RECOMMENDATION: 1. That Council notes the report.

2. That if Council wishes in future to be involved in weed research then it firstly identify the extent of resources to be diverted from core business and then engage with NSW DPI Weeds Research Unit accordingly.




ITEM 10. WEED BIOSECURITY CURRENT COMPLIANCE & ENFORCEMENT STATUS AS AT 30TH APRIL 2019

PURPOSE: Highlight the current status of weed biosecurity compliance and enforcement activity by the local control authority.

BACKGROUND: A key operational activity for the County Council is the inspection of properties to identify weed biosecurity matters and where required enforcing provisions of the Biosecurity Act with a view to ensuring relevant landholders address the matters identified accordingly.

This report seeks to update the Council with regards to progress with identification and enforcement of weed biosecurity compliance matters on PRIVATE LAND.

POSITION

The following is a point-in-time summary for the 10 months to the end of April 2019 of the inspection, compliance and enforcement activity linked to private land holdings across the County Council area of operations:

• 1,277 inspections of 1,138 individual properties (ex roads and rail) covering (145,000 ha) have been undertaken year to date.

• 862 of these individual properties (108,000 ha) were found to be of ‘low-weed-risk’ status (i.e. weed risk rating of 1 or 2) and the remaining 276 individual properties (37,000 ha) were found to be of a ‘high-weed-risk’ status (i.e. weed risk rating of 3 or 4).

• To April 30th 2019 there have been 276 Weed Control Notices have been issued - plus 14 Direction Notices.

• Of the 98 x 2nd Inspections a further 63 properties (2,000 ha) achieved ‘low-weed-risk’ status with the remaining 35 properties (4,000 ha) still of ‘high-weed-risk’ status of which 22 properties are under review and 13 properties received Direction Notices.

• Of the 6 x 3rd Inspections a further 5 properties became of ‘low-weed-risk’ status with 1 still of ‘high-weed-risk’ status and a Direction Notices was issued.

• To April 30th 2019 there are still 208 private properties (18%) requiring either 2nd or 3rd or 4th inspections as at April 30th 2019.

Graphical summary representations of the compliance register status and inspection results are provided as Table 1 and Table 2 as Appendix 6A and 6B.

FINANCIAL IMPLICATIONS:



There are no significant new funding or budget issues associated with the matters raised in this report.

RECOMMENDATION: That Council notes the private property activity report for the year to April 30th 2019.



NOTICES OF MOTION

ITEM 11. QUESTION WITH NOTICE BY COUNCIL MEMBER FRY – RISKS ASSOCIATED WITH HERBICIDES

To bring to Council’s attention the matter of possible risks associated with herbicides. Council Member Fry has, within the context of Clause 3.14 and Clause 3.16 of the Council Code of Meeting Practice (2019), requested that the matter be the subject of a report to this meeting.

BACKGROUND: Council Member Fry has recently submitted a number of strategic risk questions that directly relate to the possible exposure of Council to liability or operational hurdles associated with Council’s involvement in the use of industrial chemical herbicides.

The questions put by Council Member Fry are as follows;

a) What is our policy/strategy if we receive a claim for historical cancer related health damages from chemical exposure from a farmer, contractor or former staff member?

b) What is our policy/strategy if agricultural chemicals are phased out in our region because of export bans of food containing chemical residues?

c) What is our policy/strategy to address the increasing tendencies of weeds evolving to be resistant to all chemicals?

d) What is our policy/strategy to offer education and training for integrated weed management and other chemical alternatives for land managers and staff as an alternative to chemical weed control?

e) What is our policy/strategy if councils begin to test for chemical residues in public drinking water and residues are found?

MANAGEMENT COMMENTS: Many of the Council’s weed biosecurity functions and actions either directly or indirectly involve it or its agents in the application of industrial chemical herbicides. It should be noted though, that the Council and many landholders also or alternatively use one or more non-chemical methods of weed control including bio-agents, organic chemicals, cultivation, physical removal, re-vegetation etc.

Notwithstanding, with regards to industrial chemical herbicides, the landholder community at large has for many years been reasonably dependent on using industrial chemical herbicides as a key method of weed control. Successful timely controls of invasive weeds, particularly the more serious species and intense infestations, have tended to rely on the use of such herbicides above all other treatment methods. This is usually because of the ‘quick-fix’ achieved or perceived from the use of chemical treatments and also since many areas are not physically accessible or time is not available for a less intensive longer-term approach.

It is also acknowledged that long term use of some herbicides is showing signs that (a) some weed species are developing genetic resistance to the herbicides; (b) the residual build-up in



soils and consequential impacts on soil microbes, subsequent crops and grazing stock is becoming evident; and (c) there is potential harm to humans, stock and wildlife – particularly in situations of concentrated and/ or long-term exposure (within or outside label use?).

GLYPHOSATE – THE PROXY INDUSTRIAL CHEMICAL HERBICIDE: Conventional and social media have for some time been targeting Glyphosate for banning, sighting concerns about the health and environmental implications of its widespread use. There are a number of political, ethical, and socio-economic issues that are being linked with Glyphosate (and the product manufacturers) that may or may not be distorting the logical and reasonable debate about the use of industrial chemical herbicides - for example there are links involving allegations of exploiting 3rd world countries through genetically manipulated seed so that crop success is dependent on weed control using glyphosate.

Glyphosate is a broad-spectrum herbicide routinely considered by many in forestry and agriculture to be an essential tool in the fight to control weeds. It is also the most common herbicide used by home gardeners around the developed world. At the same time it is increasingly asserted by others that Glyphosate is a highly carcinogenic chemical for humans – even when used according to label.

There are many different perspectives emerging on the issue of whether or not to continue using Glyphosate.

• The European Union and some other countries are currently considering banning the use of Glyphosate.

• Peak Canadian health agency Health Canada – in The Pest Management Regulatory Review of January 2019 stating “…. An evaluation of available scientific information found that products containing glyphosate do not present risks of concern to human health or the environment when used according to the revised label directions.”.

• In the USA – the Environment Protection Agency - in April 2019 - stating that it “…. continues to find that there are no risks to public health when glyphosate is used in accordance with its current label and that glyphosate is not a carcinogen.”

• Also in the USA on 14th May 2019 in a Court (trial by jury) awarded more than $2 billion to a couple who claimed glyphosate-based Roundup weed killer caused their cancer. The award is currently being appealed.

• In 2015 the World Health Organisation in a report concluded that Glyphosate is ‘probably carcinogenic to humans’, but quite recently clarified it’s position that in fact Glyphosate is ‘unlikely to pose a carcinogenic risk to humans from exposure through the diet’. The earlier report was apparently misinterpreted.

Based on the Glyphosate story, it is clear that governments and other non-government organisations around the world cannot agree on (or just don’t know) what is or is not appropriate with regards to the use or non-use of industrial chemical based herbicides.

CURRENT POSITION:



Notwithstanding the potential significance of the underlying issues to which the questions allude, it is still necessary to ask whether or not these questions are really within the power and responsibility of the Council to respond. While thinking globally and acting locally is admirable – it is doubtful that the Council can have any control over or significant impact on the outcome of these issues and it is equally doubtful whether it is within it’s charter to try to do so.

In this regard, it is suggested that the Council’s responsibilities and duties are less about the high level policy and strategy (considering national and global perspectives) and much more about operational tactics (undertaking property inspection and weed control programs). To a large extent the options available to landholders for their weed control is a matter for them within the context of legal and regulatory constraints, and within the limits of advice and information developed by the Department of Primary Industry and the national government. It is also because the Council only really has an operational charter defined and authorised within state legislation.

To assist Council with its consideration of this matter, the following information is provided to outline the current due diligence precautions that Council currently takes to mitigate its risk exposure generally in the area, as follows:

• The Council takes particular care to ensure it is in full compliance with the requirements of the Pesticides Act (1999) and in particular the provisions of Part 2 of the Act relating to care, control and use of pesticides and defences against claims of negligence, miss-use and damage as a result of using pesticides.

• The Council, as a matter of operational policy does not direct or otherwise require any landholder to use industrial chemical herbicides as the method to control weeds (albeit one available option) and always specifies that where chemicals are used they must only be used according to ‘label’.

• The Council, in all weed control and direction notices (prepared by Council solicitors) emphasises that there are a wide range of weed control options available to a landholder in order to fulfill their weed biosecurity duty and advises reference to the relevant NSW Department of Primary Industry publications on such matters.

• Staff responses to landholders enquiring about the use of herbicides is provided in terms of the landholder being required by law to only apply and store herbicides in accordance with label and advise reference to the relevant NSW Department of Primary Industry publications.

• All direct weed control activity undertaken by the Council is undertaken strictly in accordance with label and in reference to the relevant NSW Department of Primary Industry publications. Weed Biosecurity Officers have all the required certifications including their current CHEM CERT and EPA Ground Applicators License as required under the Pesticides Act (1999) and Workplace Health & Safety Act (2011).

• All contractor coordinated weed control activity by the Council is undertaken in strict accordance with label and in reference to the NSW Department of Primary Industry publications. Contractors must have their current CHEM CERT and EPA Ground



Applicators License as required under the Pesticides Act (1999) and Workplace Health & Safety Act (2011). They also must have suitable Public Liability Insurance, and in the case of the aerial spraying contractors must have Chemical Insurance (spray drift harm issues), an Aerial Applicators Licence from CASA and an Aerial Applicators Business Licence.

• Council is insured for public liability and professional indemnity which includes cover in relation to the various operational elements of Councils weed control compliance, enforcement and operational activities. (Effective cover is conditional upon ‘doing all of these things in the appropriate manner’). This emphasises the importance of good governance and proper process in weed biosecurity activity.

• All of the functions and activities currently undertaken by the Council are those that are specifically authorised in State Legislation (The Local Government Act (1993) and the Biosecurity Act (2015) and not otherwise. (If it acts outside its charter then the its exposure will be increased).

• Research and investigations related to the issues of weed resistance to herbicides and alternatives to chemical use and other integrated weed control options are typically the responsibility of the Commonwealth Department of Agriculture & Water Resources, and the NSW Department of Primary Industry – with whom the Council liaises closely with.

• Regional strategy and extension for landholders (often using DPI materials) is primarily the role and responsibility of Local Land Services Regions – with whom the Council both learns from and assists with. The Council has neither the expertise nor the resources to initiate or lead new education and training activities for landholders independent of LLS and DPI.

• The issue of councils testing drinking water and finding herbicide contaminants is a matter for the local council and the Environment Protection Authority - not the county council.

Management suggests that based on the management and operational precautions outlined above, and the role definition and limits of power for the different agencies involved in weed control matters, it seems that with regards to any risk of a legal claim against the Council for chemical herbicide related use, risk or damage – the Council is already taking all reasonable care to avoid valid legal claims. In relation to the research, education and training issues these are matters for others to lead, and the Council to engage as appropriate to learn from or support. In relation to contamination of water supplies this is a matter outside the Council’s area of control or influence.

RECOMMENDATION: That the report be received.



ITEM 12. QUESTION WITH NOTICE BY COUNCIL MEMBER REYNOLDS – BIOSECURITY ENFORCEMENT FUND

PURPOSE: To bring to Council’s attention the previously discussed matter of a possible Biosecurity Enforcement Fund. Council Member Reynolds has, within the context of Clause 3.14 and Clause 3.16 of the Council Code of Meeting Practice (2019), requested that the matter be the subject of a report to this meeting.

BACKGROUND: Following discussions about a possible Biosecurity Enforcement Fund at the February 2019 Ordinary County Council Meeting, the General Manager wrote to all constituent councils explaining the legal enforcement issue that the County Council faces with regards to landholders who refuse to control weeds on their land. The letters concluded by asking general managers if they could assess their Councils likely position on this matter and provide any comments or suggested ways forward in due course.

The letter also explained that “…. At this stage the County Council is simply canvassing the views of constituent councils on the matter, in order to help clarify its position and also to assess the level of support that might be available if the County Council were to try and raise the matter to a State level.”

A copy of the letters sent is attached for information as Attachment 7.

CURRENT POSITION: Constituent councils Bathurst, Lithgow and Oberon each replied to the General Managers request in early April 2019. To date no response has been received from Blayney – other than advise recently that the matter was soon to be considered.

The General Manager has been waiting for a reply from Blayney Shire Council before collating and analysing responses with a view to reporting back to the County Council.

This report is provided on the basis that Council Member Reynolds advises that the Blayney Shire Council has deferred the matter pending it being (further) discussed by the County Council.

RECOMMENDATION: That the report be received.



ITEM 13. COUNCIL MEETINGS & WORKSHOPS 2019

PURPOSE: To remind Councillors of the remaining currently scheduled meeting dates for Ordinary Council Meetings and Workshops in 2019, and related matters.

POSITION: The remaining scheduled meeting dates for Ordinary Council Meetings for 2019 are as follows:- Date

Type of meeting

26/07/2019 Rescheduled Ordinary Meeting 23/08/2019 Ordinary Meeting Rescheduled 1/11/2019 Ordinary Meeting 6/12/2019 Ordinary Meeting

The scheduled meeting dates for Council Workshops for 2019 are as follows:- Date

Type of meeting

27/09/2019 Workshop (closed to public) Ordinary Council Meetings and Council Workshops will commence at 2.30pm with the exception of the December Ordinary Council Meeting that shall, unless otherwise determined, commence at 4.30pm.

CHANGE OF VENUE: It should be noted that the rescheduled Ordinary Council Meeting to be held on 26th July 2019 will be held in the Bathurst Regional Council Chamber as the Lee Street facility will not be available on the scheduled date. The Bathurst Regional Council’s Council Chamber is located on level 1 within the Bathurst Regional Council Civic Centre at 158 Russell Street, Bathurst NSW.

FINANCIAL IMPLICATIONS: The cost of meetings is contained within existing budgets.

RECOMMENDATION: That Council notes the 2019 meeting schedule and in particular that the next Ordinary Meeting of Council will be held on the 26th July 2019 at Bathurst.



REPORT ATTACHMENT SCHEDULE

List of Attached REPORT Appendices: The following Appendices are not confidential and are referred to in staff reports and have been circulated separately to the reports for practical reasons.

§ Appendix 1 - Item 1 _Annual Operating Plan 2019/2020

§ Appendix 2 - Item 2 _Return to Work Program

§ Appendix 3 - Item 3 _State Weed Committee Meeting

§ Appendix 4 - Item 8 _Policy Register

§ Appendix 5 - Item 12 _NSW Weed Research Strategy

§ Appendix 6 - Item 10 _Table 1 and Table 2

§ Appendix 7 - Item 12 _Letter re: Biosecurity Enforcement Fund



FOR CONFIDENTIAL COMMITTEE OF THE WHOLE COUNCIL

See Next Page:



CONFIDENTIAL BUSINESS FOR THIS MEETING COMMENCES HERE.

PLEASE REFER TO THE CONFIDENTIAL BUSINESS PAPERS THAT BEEN CIRCULATED SEPARATELY.

The Local Control Authority for weed biosecurity throughout the areas of Bathurst Regional Council, Blayney Shire Council, Oberon Council and the Lithgow City Council.

U p p e r M a c q u a r i e C o u n t y C o u n c i l

Annual Operational Plan Financial Year 2019/2020

Adopted 14th June 2019

Key Document – KD_UMCC_2019_11

AnnualOperationalPlan2019/2020-adopted…..June2019Page2

U P P E R M A C Q U A R I E C O U N T Y C O U N C I L

Contents

Title Page Page 1

Contents Page 2

Upper Macquarie County Council Contact Details Page 3

Introduction Pages 4

Vision Statement and Mission Statement Page 5

Statement of Principal Activities to be undertaken to achieve objectives Pages 6 to 15

Revenue policy Pages 16 to 17

Detailed Estimates of Income & Expenditure 2016/2017 Pages 18 to 19



Upper Macquarie County Council Contact Details

Office 7 Lee Street Kelso NSW 2795 All Correspondence to: General Manager Upper Macquarie County Council PO Box 703 Bathurst NSW 2795 Telephone: 02 6338 2875 Email: [email protected] Web Site: www.umcc.nsw.gov.au



Introduction Section 405 of the Local Government Act (1993) requires that the County Council have an annual Operational Plan which is adopted before the beginning of each financial year and which outlines the activities to be undertaken that year as part of the Delivery Program. The Operational Plan is an annual sub-plan of the 4-year focused Delivery Program, and must include the Statement of Revenue Policy. The draft Operational Plan must be publicly exhibited for at least 28 days and public submissions can be made to Council during the period. The County Council must accept and consider any submissions made on the draft Operational Plan before adopting the Operational Plan. Clause 201 of the Local Government (General) Regulation 2005 includes provisions relating to the content of the County Council’s annual statement of revenue policy. This includes details (as applicable) of: Estimated income and expenditure; Ordinary rates and special rates; Proposed fees and charges; Council’s proposed pricing methodology; and Proposed borrowings. This Operational Plan:

• Is prepared as a sub-plan of the Delivery Program.

• Directly addresses the actions outlined in the Delivery Program and is linked to the Business Activity Strategic Plan which identifies strategeic projects, programs and activities that Council will undertake progressively within the subject financial year, and subsequently, towards achieving the County Council’s principle activity of managing weed biosecurity.

• Allocates nominal responsibilities for each project, program or activity.

• Identifies suitable measures to determine the effectiveness of the projects, programs and activities undertaken.

• Includes a detailed budget for the activities to be undertaken in the subject year.



COUNCIL VISION for WEED BIOSECURITY

Upper Macquarie County Council will strive to ensure that Weed Biosecurity Risk is not a significant factor limiting:

a) agricultural productivity; b) the quality of the rural environment and; c) the prosperity of rural communities in the NSW central tablelands.

COUNCIL MISSION for WEED BIOSECURITY

The mission for the Upper Macquarie County Council is to make sure all private and public landholders manage their properties to reach and maintain a sustainably low level of weed biosecurity risk. This mission is shared with all those agencies striving to reduce biosecurity risks across the country, throughout the regions and locally with the constituent councils, landholders and the whole community living within the Upper Macquarie district



STATEMENT OF PRINCIPAL ACTIVITY

Upper Macquarie County Council is a single purpose (weed biosecurity) council in terms of local government legislation, which dictates by default that its principle activity and core business functions are primarily driven by biosecurity legislation. In this context the council operates across multiple levels and within (sometimes) duplicative regulatory environments as follows:

A. Implementing a small part of a wider Australian Weed Strategy targeting weeds of national significance; and further targeting biosecurity matters of NSW State significance through the NSW Weed Action Program. These efforts are contributing sub-regionally to addressing the national weed biosecurity problem.

B. Participating at a NSW Central Tablelands regional level implementing a significant part of the Central Tablelands Regional Strategic Weeds Management Plan - covering about 1/3rd of the total land area - including the majority of the state forests and national parks in the region; and

C. Operating on a day-to-day basis across four ‘general purpose’ local council areas, which combined cover some 1,347,800 hectares of land, is intersected by nearly 3,920 kilometres of roadways, and supporting a population of about 77,000 people. The County Council at this sub-regional / local level exercises its function to the exclusion of the constituent councils.

In the following tables the Column 2 provides the link back to the Strategic Objectives set out in the Business Activity Strategic Plan as they relate to the single principle activity of the County Council that is Weed Biosecurity.



Provide information to Council to allow decisions at Council Meetings

Required Activity Objective Resp. Target Performance measure Ensure Business Paper is ready for distribution.

Governance 12 GM At least 3 days, but preferably 5 working days, prior to the Council meeting.

Satisfactory completion of task in accordance with target level.

Respond to Councillor inquiries related to the administration function

Required Activity Objective Resp. Target Performance measure Provide information to Councillors within council’s policy guidelines.

Governance 12 GM On day requested, where possible, or within 5 working days (unless request requires detailed investigation).


Update council policy register

Required Activity Objective Resp. Target Performance measure Update new or amended administration policies in Council’s policy register.

Governance 12 GM Within 14 days of adoption or amendment. Within 2 months of expiry of policy or every 2 years.


Provide information to public in a timely and effective manner

Required Activity Objective Resp. Target Performance measure Ensure council business papers are made available to the public. Ensure business papers are provided to constituent Councils. Ensure other public information is made available at council’s office. Ensure minutes, Business Papers, and other public information is posted on the Council’s website.

Governance 12

GM

At least 3 working days before the council meeting. As soon as practicable after it becomes public information. As soon as practicable.




Ensure all statutory requirements are completed and financial returns and plans are completed and lodged by the due date Required Activity Objective Resp. Target Performance measure

Financial Data collection return Notice of meeting at which audited reports are to be presented. Audited financial reports presented to public. Audited Financial Statements to Department of Local Government.

Governance 6 GM

Quarterly to next available Council Meeting Date specified by Office of Local Government. Well before November Meeting At or before November meeting By November 30th


Ensure all other statutory returns are completed and lodged by the due date

Required Activity Objective Resp. Target Performance measure Pecuniary Interest Returns. Council Annual Report prepared and forwarded to Minister. Other returns as required by Office of Local Government, Department of Primary Industries, or others.

Governance 12 GM

30th September 30th November Not later than return date specified.


Continue current financial management direction and review Business Activity Strategic Plan and Delivery Plan

Required Activity Objective Resp. Target Performance measure Review Business Activity Strategic Plan. Review Delivery Plan Provide adequate funds for employee leave entitlements

Governance 12 GM

Annually or as required. As required or 4 yearly. Maintain cash at not less than 50% of Long Service Leave liability.




Continue to ensure the provision of finance to the Council from available sources Required Activity Objective Resp. Target Performance measure

Liaise with Constituent Council regarding the level of Council contributions and services provided. Advise Constituent Councils of the County Council’s estimates for the forthcoming financial year, and the contribution sought from them. Make application to Department of Primary Industries for grants under NSW Weeds Action Program as necessary. Pursue realistic opportunities for securing grant funds from other available sources.

Governance 6 GM

As required. By August 31st As required under Weeds Action Program. As required.


Implementation of council decisions

Required Activity Objective Resp. Target Performance measure Implement council decisions in a timely manner following council meeting

Governance 12 GM

Routine actions within 10 working days of council meeting.


Provide financial information and advice to Council

Required Activity Objective Resp. Target Performance measure Provide financial information as required. Provide QBRS update on financial trends relating to council’s expenditure

Governance 6

GM At council meetings as applicable. At Council Meeting following end of quarter.


Ensure that Council’s Operational Plan is considered in order to allow adoption by the due date

Required Activity Objective Resp. Target Performance measure



Draft plan to be adopted to allow 28-day public exhibition. Draft Plan to be adopted following consideration of any submissions received.

Governance 12 GM

Before April 30th June meeting.


Promote the county interests through participation in council bodies

Required Activity Objective Resp. Target Performance measure Participate in Macquarie Valley Weeds Committee through attendance at meetings and supply of information as required.

Governance 8 GM Attend meetings and provide information as requested.


Provide active support to Local Government NSW

Required Activity Objective Resp. Target Performance measure Provide information where appropriate as requested by Local Government NSW to assist it to lobby governments. Utilise the services of the Local Government NSW to further Council’s interests.

Governance 12 GM Information to be provided by the date requested. As and when required by council.


Actively pursue politicians to further the council’s interests

Required Activity Objective Resp. Target Performance measure Meet with State and Federal politicians to promote the interests of the council.

Governance 12 GM As appropriate depending on issues




Minimise the risks associated with all functions of Council Required Activity Objective Resp. Target Performance measure

Monitor risks associated with the functions of council. Analyse and prioritise all risks identified. Minimise exposure through rectification of risks. Reduce ICT risk

Governance 12 Biosecurity 2

GM

Ongoing. Within 3 months after identification. As possible within budget constraints. Ongoing.


Ensure Council staff are aware of their WHS duties and responsibilities and Risk Management

Required Activity Objective Resp. Target Performance measure Provide training to staff on relevant legislation. Provide staff with training on risk management. Update staff training program

Governance 12 Governance 10 Biosecurity 2

GM

Ongoing as identified. Ongoing as required Annually


Implement system of information technology capable of providing information that is relevant and timely.

Required Activity Objective Resp. Target Performance measure Monitor technology improvements and assess future requirements. Update Council’s computer system, both hardware and software, to ensure that it enhances management and record keeping.

Governance 7 Biosecurity 4 Biosecurity 5

GM 1. Ongoing 2. Ongoing. 3. As required.




Maintain and update as required the council’s records management system Required Activity Objective Resp. Target Performance measure

Monitor record keeping procedures to ensure that they provide the best method of maintaining an accurate record of council activities.


GM Ongoing.


Introduce a system for electronic mapping of weed infestations.

Required Activity Objective Resp. Target Performance measure Expand the introduction of electronic mapping of priority weed infestations. Continue the training of staff in the use of the CREST and associated GIS system in order to ensure it’s most effective and efficient use.


GM Ongoing. Ongoing.


Compile accurate data on the condition of current council assets.

Required Activity Objective Resp. Target Performance measure Maintain assets register for all assets valued over $5,000. Review maintenance requirements for key assets and incorporate costs in budget. Analyse council’s current plant fleet and its activities and assess future plant needs.

Governance 12 GM Ongoing. Ongoing. Ongoing




Actively pursue the control of weeds along the roadsides in the council area. Required Activity Objective Resp. Target Performance measure

Prepare and publish on-line the annual roadsides weed control program and herbicide use plans. Carry out necessary control works in line with Council’s budget allocations. Respond strategically to reports of weeds on roadsides.

Biosecurity 3 CWO Prepared by September 30th annually As seasonal conditions permit. As required.


Actively pursue the control of weeds on private lands.

Required Activity Objective Resp. Target Performance measure Inspect private lands to assess weed invasion risk and advise landowners to fulfil their legal responsibilities in relation to weeds. Provide information to landowners on priority weed control. Respond to priority weed complaints. Undertake enforcement action according to Council weed risk management system and policies.


CWO Ongoing according to policy and available resources. If not done at time of inspection within 1 week. Initial inspection within 10 to 15 working days where possible. Ongoing according to policy and available resources.


Provide access to competitively priced chemicals for participants in council weed control programs and purchasers of bulk supplies.

Required Activity Objective Resp. Target Performance measure Provide access to chemicals at commercially competitive prices.


GM As required.




Actively pursue the control of weeds on land of Forestry Corporation NSW.

Required Activity Objective Resp. Target Performance measure Inspect Forestry Corporation land areas and advise of weed control requirements. Follow-up to ensure control work is carried out on priority weed risks. Inspect un-fenced road areas surrounding forest areas.

Governance 12 Biosecurity 1 Biosecurity 2 Biosecurity 9

CWO Ongoing Ongoing Ongoing


Actively pursue the control of weeds on lands of other public authorities

Required Activity Objective Resp. Target Performance measure Inspect lands of public authorities and advise of weed control requirements. Provide information to public authorities on priority weed control requirements. Respond to complaints regarding priority weeds on land of public authorities.

Governance 12 Biosecurity 1 Biosecurity 2 Biosecurity 9

CWO

Ongoing As required as resources are available. Initial inspection within 10 to 15 working days where resources available.




Conduct aerial spraying programs for priority weeds Required Activity Objective Resp. Target Performance measure

Organise aerial spraying programs for priority weeds across the district Publicise aerial spraying programs as applicable to ensure optimum landholder participation. Organise aerial spraying (involving all inspectors) throughout the county area in accordance with programs.


GM CWO GM CWO CWO

As seasonal conditions permit and demand requires. As required. In accordance with programs.


Actively pursue regional resource sharing with nearby agencies to provide cost benefits to council in provision of services.

Required Activity Objective Resp. Target Performance measure Pursue resource sharing with nearby councils and other public authorities to achieve coordinated approaches to weed control.


GM Liaise with appropriate members and officers of surrounding councils and other public authorities as required.




Revenue Policy What Revenue will be raised and how

Council's revenue is expected to derived from the following main sources in 2019/2020: Certain Amounts will come from Contributions from Constituent Councils, and Weed Action Plan Grants from the NSW Government through Local Land Services. Uncertain Amounts: may be derived from the Sale of Herbicides; provision of specialised weed control treatment services to landholders; and service or enforcement fees and charges. The uncertain amounts are subject to the vaguery of weather and economic conditions during the period.

In setting its financial objectives Council takes into account that there are significant financial constraints that are imposed by legislation (there is no legal ability to raise any rates or charges); and their capacity to raise revenue from incidental fees and charges is limited by economic factors including the need to provide price competitive services. Notwithstanding these limitations, the Council is continuously striving to improve the the effectiveness and efficiency of its discretional services, which it offers, without taking from it core functions as a biosecurity inspection and enforcement agency. The Council will investigate and pursue alternative appropriate income producing opportunities, consistent with it’s principle business activity, as and when they might become available.

Council Rates. Council does not levy any rates and as such relies on untied voluntary contributions from its Constituent Councils increased by the rate-peg annually. In 2019/2020 constituent councils have agreed to provide additional contributions to fund the continuation (rather than phasing out) of a recurrent roadside weed control program – such extra funds are essentially tied to this function.

Grants from Government Departments and other Authorities The main grants that the Council receives are ‘tied’ and ‘term recurrent’ provided through the NSW Department of Primary Industries under the NSW Weeds Action Program.. The Council is funded as a participant in the Department of Primary Industries – Local Land Services regional control program consisting of all local control authorities in the area of Central Tablelands Local Land Services.

The Council may actively pursue the availability of project grants from other sources, however the opportunities for relevant types of grants are few and far between, and often the Copunty Council is not eligible to do so.

Landholder Service Charges The Council generally makes herbicides available for sale to local landholders and provides other weed control services directly or through agents on a full-cost recovery basis or quotation basis. The landholder services charges typically relate to aerial and ground based weed control activities.

Landholder Enforcement Charges The Council may impose, or have a court impose, penalties where landholders fail to meet their weed biosecurity duties despite being encouraged and warned of the requirements. Such landholder enforcement charges typically relate to infringement notices, court orders, and cost recovery enforcement works – all of which are directly or indirectly set by regulation.



Fees and Charges Schedule: Regulatory Items (INCOME) Fee / Charge Certificates under Section 28 (2) of Schedule 7 of the Biosecurity Act (2015) $200 (As per Schedule 5 of the Biosecurity

Regulation 2017) Subdivision Certificate relating to Weed Biosecurity matters relating to Environmental Planning & Assessment Act consent requirements.

$200

Certificates as to adverse affectation relating to the Conveyancing (Sale of Land) Regulation (2017)

$200

Any other Certificate / Inspection Report as to the current status of priority weeds and weeds of community concern on a property.

$200

Cooperative Weed Control Work (INCOME) Work on private land by Council by arrangement with the landholder Cost inc GST plus margin (labour materials

and travel) @ 115% OR Quote Basis. Enforcement - Entry and Control Work (INCOME) Enforcment Action (Work) on private land by Council under Section 133 of the Biosecurity Act (2015)

Full recovery of all operational costs and administration expenses incurred in connection with the action.

Enforcement Action (Work) on private land by Council under Section 147 of the Biosecurity Act (2015)

Full recovery of all operational costs and administration expenses incurred in connection with the action.

Prosecution Fees (INCOME) Fee for (agreement to) withdrawal of prosecution for failing to control priority weeds or to comply with a weed control notice

On withdrawal of a prosecution, once commenced, $300 + court costs + legal costs + reinspection cost.

Fee for Court Attendance by General Manager or Council Inspector to pursue prosecutions

$125 per hour (including travelling time) + GST + incidental expenses such as accommodation and travel.

Penalty Infringement Notices (INCOME) Penalties as per Schedule 6 of the Biosecurity Regulations (2017)

(Minimum $1,000 per infringement) Chairman & Councillor Fees (EXPENSE) Sitting Fees and Travel Allowances as prescribed under the Local Government Act

(1993) and according to UMCC Policy 2018/07. CPI Increase in 2019/2020 to be applied to 2018/2019 rate as set by OLG Circular in due course.



Budget Estimates for Income & Expenditure 2019/2020

This is the statement containing the detailed estimate of the council’s expenditure for 2019/2020 required by Clause 201 of the Local Government (General) Regulation 2005.

UPPERMACQUARIECOUNTYCOUNCIL OPERATIONALPLANBUDGET2019/2020

EXPENDITURE 2018/2019 2018/2019 2019/2020 2019/2020 ORIGINAL 3/4REVISED CURRENT Difference ESTIMATE ESTIMATE ESTIMATE Year:Year GOVERNANCE MembersCostsandAllowances $29,950 $29,950 $30,699 $749Subscription-LGNSW $1,800 $1,800 $1,845 $45Liability&IndemnityInsurances $32,500 $32,500 $35,075 $2,575PublicNotification&Consultation $8,500 $4,000 $7,000 $2,500LegalFees $15,000 $4,000 $10,000 $(3,000)AuditFees $17,000 $17,000 $19,500 $2,500 GENERALMANAGEMENT ManagementStaffExpenses $178,512 $171,583 $177,117 $(1,394)StaffSupportServices $37,600 $36,100 $37,675 $75Accounting&RecordFees $13,100 $10,500 $10,900 $1,800OfficeAccomodation $6,000 $6,700 $8,200 $2,200TechnologyOperation $37,500 $40,000 $42,500 $5,000OfficeMaterialsandServices $13,000 $12,500 $15,300 $2,300 BIOSECURITYCOMPLIANCE BiosecurityOfficerStaffExpenses $419,494 $383,636 $421,815 $2,321PlantRunningExpenses $42,000 $43,000 $46,000 $4,000

ROADSIDEWEEDCONTROL RoadsideSpraying-Bathurst $57,700 $57,700 $58,566 $865RoadsideSpraying-Lithgow $47,700 $47,700 $48,416 $715RoadsideSpraying-Oberon $26,800 $26,800 $27,202 $402RoadsideSpraying-Blayney $18,900 $18,900 $19,184 $283 LANDHOLDERWEEDSERVICES PrivateGroundWorks $6,000 $3,000 $3,000PrivateAerialSpraying $500,000 $350,000 $500,000 $-HerbicideSalestoLandholders $50,000 $45,000 $24,000 $(26,000) DEPRECIATION Plant&EquipmentDepreciation $41,000 $41,000 $52,000 $11,000 CAPITALWORKS VehicleReplacement $- TechnologyReplacement $- $45,000 TOTALEXPENSES 1,594,055 1,431,369 1,595,993 11,937YearonYearVariation 0.7%



Budget Estimates for Income & Expenditure 2019/2020 This is the statement containing the detailed estimate of the council’s income for 2019/2020 required by Clause 201 of the Local Government (General) Regulation 2005.

UPPERMACQUARIECOUNTYCOUNCIL

OPERATIONALPLANBUDGET2019/2020 INCOME 2018/2019 2018/2019 2019/2020 2019/2020 ORIGINAL REVISEDMar CURRENT Difference ESTIMATE ESTIMATE ESTIMATE Year:Year

OPERATINGGRANTS NSWWeedsActionProgramGrant $337,498 $334,859 $334,859 $8,783

OPERATINGCONTRIBUTIONS BathurstRegionalCouncil $223,334 $223,333 $229,364 $5,583LithgowCityCouncil $182,918 $182,918 $187,857 $4,572OberonShireCouncil $102,898 $102,898 $105,676 $2,573BlayneyShireCouncil $71,540 $71,540 $73,472 $1,789

ROADSIDEWEEDSPRAYCONTRIBUTIONS BathurstRegionalCouncil $- $- $19,230 $19,230LithgowCityCouncil $- $- $15,750 $15,750OberonShireCouncil $- $- $8,860 $8,860BlayneyShireCouncil $- $- $6,160 $6,160

INTEREST&INVESTMENTINCOME InterestonInvestments $20,000 $20,000 $20,000 $-

USERFEES&CHARGES Certificates-AdverseAffectations $5,000 $10,000 $7,000 $2,000SundryIncome $9,000 $- $- $(9,000)EnforcementFines&Costs $11,250 $- $12,000 $750HerbicideSalestoLandholders $56,250 $49,500 $26,400 $(29,850)AerialSprayingWorks $575,000 $385,000 $550,000 $(25,000)GroundSprayingWorks $- $7,000 $3,000 $3,000

$-

FINANCIALRESERVES $-TransferOUTfromCashReserves $-FUNDNos3-Plant&Vehicle $- $- $-FUNDNos4-Infrastructure&Technology $- $45,000 $- $-TOTALINCOME $1,594,688 $1,432,048 $1,599,628 $15,200YearonYearVariation 1.0%

NETRESULTFORYEAR $633 $679 $3,635

SURPLUS SURPLUS SURPLUS

FixedCostCoverRatio(ZeroTarget) -10% -7%


KEY DOCUMENT: KD_UMCC_2019_10

Return to Work Program Upper Macquarie County Council

Required under the provisions of the Workers Compensation Act (1987), the Workplace Injury Management & Workers Compensation Act (1998), and the Workers Compensation Regulation (2016) Review Date: Every 2 years or as required Next Due: 13th May 2021 Key Document Approved by: David Young General Manager Date: 13th May 2019


Return To Work Program (RTW)

Our commitment

From injury prevention to when an injury occurs, through the insurance claims process and as our workers recover at work, we will:

• provide a safe and healthy working environment for all workers

• promote a positive attitude toward workers compensation claims and recovery at work

• consult our workers and, where applicable, unions to ensure this RTW program is implemented successfully

• review this RTW program at least every two years to ensure it remains current

• have procedures to help workers achieve the best health, work and recovery outcomes.

Our workers compensation policy covers all of our workers in case they suffer a work related injury or illness. The procedures we will use to fulfill our commitments are outlined in the following pages. Person responsible for recovery at Upper Macquarie County Council

Name BIOSECURITY ADMINISTRATION OFFICER – Lisa Monardo

Phone (02) 6338 2875 Email

[email protected]

The workers compensation insurer for Upper Macquarie County Council

Name STATECOVER – Local Government Workers Compensation Insurer

Phone (02) 8235 2806 Website

www.statecover.com.au


After an incident

We will:

• provide immediate first aid (where appropriate) and medical treatment (if required) when a worker becomes injured or ill at work

• require all injuries to be reported as soon as possible and recorded in the register of injuries

• notify StateCover of all work related injuries and illnesses within 48 hours

• immediately notify SafeWork NSW on 13 10 50 if an incident involves a death, serious injury or illness, or is a dangerous incident.

Support for the worker

We will:

• contact the worker regularly throughout their recovery

• inform the worker of their rights and obligations, and give them our workers compensation insurer’s details

• make early contact with the worker’s doctor to discuss the worker’s normal duties, suitable work that is available, and opportunities for workplace modifications or assistive equipment

• contribute to the worker’s injury management plan, which will be written by our insurer, and meet our obligations stated in the plan

• if necessary, arrange for an approved workplace rehabilitation provider to help the worker to recover at work

• not dismiss the worker for six months after they become unfit for employment because of a work related injury, as the law requires.

If we dismiss a worker because they are unfit for employment due to the injury, the worker may apply to us within two years to be reinstated.

Sections 241 and 248 of the Workers Compensation Act 1987 (NSW)


Recovery at work

We will provide suitable full-time or part-time employment for workers with the capacity to recover at work, as far as reasonably practicable. This work will be consistent with medical advice, productive and appropriate for the worker’s physical and psychological condition. It may include parts of the same job, the same job with different hours or modified duties, a different job at the same or a different workplace, training opportunities or a combination of these. We will also:

• provide other support if necessary, such as equipment, workplace modifications or changes in practices to reduce work demands and aid the worker’s recovery at work

• begin planning for the worker’s recovery at work as soon as we are notified of a work related injury or illness consult the worker, insurer, doctor (where possible) and workplace rehabilitation provider (where applicable) to write a tailored recover at work plan

• monitor the worker’s progress and update the recover at work plan as required

• keep all documents about the workers compensation claim in a confidential file.

Dispute prevention and resolution

We will:

• seek help from the insurer or an approved workplace rehabilitation provider if the worker’s recovery at work is difficult or progress has stalled

• work with the worker and their representative to resolve any disputes, and seek help from the insurer if necessary.

If there is a dispute, we will give the worker the insurer’s contact details as well as the following useful contacts:

SIRA Customer Service Centre Phone 13 10 50 or visit www.sira.nsw.gov.au Workers Compensation Independent Review Officer (WIRO) Phone 13 94 76 or visit www.wiro.nsw.gov.au Workers Compensation Commission (WCC) Phone 1300 368 040 or visit www.wcc.nsw.gov.au


Declaration

The parties have consulted and understand the procedures detailed in this RTW program:

On behalf of Upper Macquarie County Council as the Employer

Name David Young Position

General Manager

Signature

Date

Upper Macquarie County Council Employee

Name Tony Gunning

Signature Date


Name Phil Howe

Signature Date


Name Mick Willott

Signature Date


Name John Collins

Signature Date


Upper Macquarie County Council Workers

Name Geoff Williams

Signature Date


Name Chris Jackson

Signature Date


Name Lisa Monardo

Signature Date

Employers must review their RTW programs at least every two years. This RTW program will be reviewed on or before 13th MAY 2021.

NSW State Weed Committee

MEETING 12 OUTCOMES – 26 March 2019

The State Weed Committee met at Rydges International in Sydney on 26 March 2019 to discuss the following items:

1. Environment and Invasive Committee (EIC)

The EIC is an advisory sub-committee of the National Biosecurity Committee formed under the IGAB (Intergovernmental Agreement on Biosecurity). The EIC implements the Australian Weeds Strategy and all states and territories contribute to the action plan. The Committee is interested in bio-control targets for weeds, emergency preparedness and the ongoing need for an emergency response agreement for expenditure between affected parties in weeds responses. The member organisations of the SWC have contributed information for the EIC’s assessment of work remaining for WONS species – for example, that 5 WONS don’t have best practice manuals.

2. Chinese violet Control Order

The Chinese Violet Control Order has been finalised and is awaiting final approval. It is hoped that it will have been issued by the end of May.

3. Plant Sure

The Plant Sure project, currently supported by the NSW Environmental Trust, aims to reduce the availability of weedy ornamental plants from supply and trade in NSW. A voluntary certification scheme will be developed to remove or prevent the use of plants that pose an environmental weed risk. Phase 1 (2017-18) investigated existing schemes and plant assessment processes, and Phase 2 builds will finalise building, piloting and delivery of the Scheme. This will be delivered in a two-staged approach over six years (2019 – 2025). The Environmental Trust is currently reviewing the funding of Phase 2.

4. Weeds Management Capacity Audits

Piloting has commenced with 6 LCAs to be audited against the Standard for Weeds Management Capacity in NSW by the end of June. Three pilot audits have been conducted by Syd Lisle with the management executive of three local governments. The auditing process is helping to highlight areas where a council is excelling with their weeds management capacity, and areas they still need to develop. Councils will be supported to work towards achieving good weeds management capacity. The pilot process is helping to fine tune the audit tools in preparation for full implementation post June. LCA’s can expect to be randomly selected for auditing from June onwards. The finalised Standard and the audit tools will be made available at completion of the pilot phase.

5. LLS DPI MOU update

Teleconferences are underway to draft the Schedule 4 for Invasive Plants and Animals that will support the MOU between DPI and the LLS. A number of rounds of development are expected to be needed before the Schedule is finalised.

7. Hudson Pear & DPI/CISS research updates

DPI has received funding from OEH to build a 30 m long tunnel house to rear and release Hudson pear bio-control agents at Lightning Ridge. Additional funds have been made available for outlier control and capacity building. Castlereagh Macquarie County Council and NW LLS are subcontracted to deliver these activities. NSW DPI is continuing discussions with the Centre for Invasive Species Solutions on the RD&E plan for weeds.

8. NSW Weeds Action Program state sub-program updates – Capacity Building & Engagement; Aquatic Weed Coordination; Hawkweed Eradication

Project coordinators presented the outcomes to date and future directions for 3 of the NSW WAP state sub-programs. The CB&E sub-program has focussed on plain language; boosting print resources such as the New South Wales Weed Control Handbook 7th Edition to the largest print run it’s had (56,000 copies); updates to NSW WeedWise to allow searching by plant characteristics; additions to the WIDX website and training on behaviour change.

The Aquatic Weeds Coordination sub-program has dealt with prohibited matter incursions of ‘frogbit’ and other state priority aquatic weed incursions; delivered training to 88 weeds professionals this financial year-to-date; and addressed online sales of aquatic weeds and associated protocols and policies.

The Hawkweed Eradication sub-program has created new surveillance techniques to better account for wind dispersal and these have proven successful. Drone technology has been extremely helpful. The sub-program has provided a foundation for securing Environmental Trust funding for an 8 year surveillance program that allow for an 8-fold increase in surveillance, maximising the chance of successful eradication of hawkweeds from NSW.

9. NSW WAP 20-25 Planning and preparation

The Guidelines for the next round of the NSW Weeds Action Program are in development, along with a new administration system that will be a sub-system of WIDX, replacing the Journey App. Weeds Officers, Regional Weeds Coordinators and DPI staff have been involved in the development of the new system that will allow each organisation to workflow their project administration through to the next level (from local, to regional to state), allowing for consolidated reports at every level. All users will have the opportunity to participate in testing the new system and reviewing the program Guidelines.

10. RSWMP MERI Framework launch

The Monitoring, evaluation, reporting and improvement (MERI) framework for Regional Strategic Weed Management Plans has been launched. Regional Weeds Coordinators are now familiar with it and how it could be used. The SWC will discuss the minimum reporting requirements they expect to see against the framework. The MERI framework can be found on the Weeds Extranet.

Reg Kidd

SWC Chair 26 MARCH 2018


1of4

AGENCY POLICY REGISTER (2019)

(Last Updated 28th May 2019)

Document approved by: David Young General Manager Date: 28th May 2019


2of4

Schedule1–ExistingPoliciesforUpperMacquarieCountyCouncil

PolicyorKeyDocument

PlannedReview

Comments

EqualEmploymentOpportunityManagementPlan(2016)

2019/2020 StatutoryRequirement.

WorkHealth&Safety(WHS)POLICY(2017) 2019/2020 StatutoryRequirement. WorkHealth&SafetyManagementSystem(2017) 2019/2020 LinkedtoWHSPolicy.WorkerConsultationPolicy(2016:2019) 2019/2020 LinkedtoWHSPolicy.HealthMonitoring(2016:2019) 2019/2020 LinkedtoWHSPolicy.EnvironmentalPolicy(2017:2019) 2019/2020 LinkedtoWHSPolicy.Drug&AlcoholPolicy(2017:2019) 2019/2020 LinkedtoWHSPolicy.Smoke-FreeWorkplacePolicy(2017:2019) 2019/2020 LinkedtoWHSPolicy.WorkerFatiguePolicy(2017:2019) 2019/2020 LinkedtoWHSPolicy.DrivingSafelyPolicy(2017:2019) 2019/2020 LinkedtoWHSPolicy.HazardousSubstances-Disposal&HandlingPolicy(2017:2019)

2019/2020 LinkedtoWHSPolicy.

WorkplaceBullying&HarassmentPolicy(2017:2019) 2019/2020 LinkedtoWHSPolicy.WorkplaceConflictResolutionPolicy(2017:2019) 2019/2020 LinkedtoWHSPolicy.ReturntoWork/Rehabilitation(2017:2019) 2019/2020 LinkedtoWHSPolicy.HealthMonitoringPolicy&Procedure(2017:2019) 2019/2020 LinkedtoWHSPolicy.RiskManagement-HazardIdentificationProcedure(2017:2019)


WorkHealth&SafetyConsultation(2017:2019) 2019/2020 LinkedtoWHSPolicy.WorkerInduction&Training-InductionProcedure(2017:2019)


ContractorManagementProcedure(2017:2019) 2019/2020 LinkedtoWHSPolicy.SafeWorkPractices(2017:2019) 2019/2020 LinkedtoWHSPolicy.ElectricalProcedures(2017:2019) 2019/2020 LinkedtoWHSPolicy.Plant&EquipmentSafetyProcedures(2017:2019) 2019/2020 LinkedtoWHSPolicy.ChemicalSubstancesProcedure(2017:2019) 2019/2020 LinkedtoWHSPolicy.ManualHandlingProcedure(2017:2019) 2019/2020 LinkedtoWHSPolicy.PersonalProtectiveEquipmentProcedure(2017:2019) 2019/2020 LinkedtoWHSPolicy.SafePremises-EmergencyPolicy(2017:2019) 2019/2020 LinkedtoWHSPolicy.EmergencyProcedure(2017:2019) 2019/2020 LinkedtoWHSPolicy.WorkplaceInspections(2017:2019) 2019/2020 LinkedtoWHSPolicy.Accident/Incident/Hazard/NearMissingReporting(2017:2019)


FirstAidProcedure(2017:2019) 2019/2020 LinkedtoWHSPolicy.WHSManagementSystemReview/ContinuousImprovementProcedure(2017:2019)


DocumentControlProcedure(2017:2019) 2019/2020 LinkedtoWHSPolicy.WHSForms(2017:2019) 2019/2020 LinkedtoWHSPolicy.


3of4

ModelCodeofConductforLocalCouncilsinNSW(2015)

2019 StatutoryRequirement*.NewModelReleased

CodeofMeetingPractice(2016)

2019 StatutoryRequirement*.NewModelReleased

Staff–OrganisationStructure(2018)

2020 TobereviewedbynextCouncil

RevenuePolicy(2018)

2021 ImbeddedinBASP.AdoptedJune2018

AgencyInformationGuide–KeyDocument(KD_UMCC_2018_01)

2019/2020 AnnualUpdateRequired.UpdatedAugust2018

DelegationsManual–KeyDocument(KD_UMCC_2018_02)

2020 TobereviewedbynextCouncil.UpdatedJune2018.

PolicyRegister(KD_UMCC_2018_03) Ongoing BestPracticeUpdatedMay2019

AssetManagementPolicy(2018)

2021 ImbeddedinBASP.Adopted15thJune2018

ResourcingPolicy(2018)

2021 ImbeddedinBASP.Adopted15thJune2018

WeedBiosecurity-Compliance&EnforcementPolicy(UMCC_2018_01)

2020 DueDiligenceAdopted15thJune2018

RemotelyPilotedAircraft(Drones)Policy(UMCC_2018_02)

2020 DueDiligenceAdopted15thJune2018

AnnualClosedownPolicy(2018_03)

2020 BestPracticeAdopted15thJune2018

Gifts&BenefitsPolicy(UMCC_2018_04)

2021 BestPracticeAdoptedAugust2018

PublicAccesstoInformationPolicy(UMCC_2018_05)

2021 StatutoryRequirement.AdoptedAugust2018

DesignatedPersonRegister-KeyDocument(KD_UMCC_2018_07)

2021 StatutoryRequirement.AdoptedAugust2018

PublicInterest(Wrong-doing)DisclosuresPolicy(UMCC_2018_06)

2021 StatutoryRequirement*AdoptedAugust2018

CouncillorFees,ExpensesandFacilitiesPolicy(UMCC_2018_07)

2020 StatutoryRequirement.Adopted2ndNovember2018

FinancialReservesPolicy(UMCC_2018_08)

2021 DueDiligenceAdoptedDecember


4of4

Schedule2–PossibleFuturePoliciesforUpperMacquarieCountyCouncil

2018CouncilMotorVehicleUsePolicy(UMCC_2019_09)

2023 DueDiligenceAdoptedFebruary8th2019

PesticidesNotificationPlan(KD_UMCC_2019_04)

2023 AdoptedFebruary8th2019

ProcurementPolicy(UMCC_2019_10)

2023 DueDiligenceAdoptedFebruary8th2019

Fraud&CorruptionStrategy(KD_UMCC_2019_05)

ASREQUIRED

DueDiligenceAdoptedFebruary8th2019

BusinessActivityStrategicPlan–KeyDocument(KD_UMCC_2019_6)

2020 Adopted15thJune2018UpdatedFebruary8th2019

CreditCardPolicy(UMCC_2019_12) 2022 BestPracticeAdopted12thApril2019

WritingoffDebtPolicy(UMCC_2019_11)

2021 StatutoryRequirement.AdoptedFebruary8th2019

CodeofMeetingPractice(NSWLGModel)(KD_UMCC_2019_08)

2022 StatutoryRequirement.14thJune2019

CodeofConduct(NSWLGModel)(KD_UMCC_2019_09) 2022 StatutoryRequirement.14thJune2019

ReturntoWorkProgram(KD_UMCC_2019-10) 2021 StatutoryRequirement.TBA

AnnualOperationalPlan(2019/2020)(KD_UMCC_2019_11)

2020 StatutoryRequirement.TBC14thJune2019

PolicyorKeyDocument

PlannedCreation

Comments

RecruitmentPolicy

2019 Necessarybutnoneartermrequirement.

CouncilMobileDevicesUsePolicy

2019 Requiredaspartofcorruptionpreventionstrategy.

EnterpriseRiskManagement(ERM)Policy

2019 Necessary–partiallyexistsbutneedstobeformalised.

FinancialPracticesPolicy

TBA Requiredaspartofcorruptionpreventionstrategy.

Email&InternetUsePolicy

2019 Requiredaspartofcorruptionpreventionstrategy.


5of4

MediaPolicy

TBA Necessarybutnoneartermrequirement.

BusinessContinuityPlan

TBA NeedstobeconsideredincontextofERM

InternalAuditPolicy 2019 NewRequirement DomesticViolencePolicy/HRPolicy

NSW DPI WEEDS RESEARCH DEVELOPMENT & EXTENSION STRATEGY 2016 !– !2021

This strategy establishes a solid foundation for a collaborative weed RD&E approach across NSW and nationally. Its implementation will reduce the impacts of weeds resulting in more profitable agricultural production, lower costs of control for land managers, and sustained biodiversity.

Scott Hansen

Director General NSW Department of Primary Industries

CONTENTS3 FOREWORD

3 EXECUTIVE SUMMARY

4 BACKGROUND

4 STRATEGIC CONTEXT

5 WEED RESEARCH IN NSW DPI

5 KEY RESEARCH ACHIEVEMENTS

5 KEY RESEARCH INFRASTRUCTURE

6 NSW DPI WEED RESEARCH CAPACITY

7 WEED RD&E PRIORITIES 2016–2021

8 THEME 1: PREVENTION AND DETECTION OF WEEDS FOR NSW

9 THEME 2: MITIGATING ADVERSE IMPACTS OF WEEDS IN NSW

10 THEME 3: ADOPTION AND ENGAGEMENT IN RELATION TO WEEDS IN NSW

11 RESEARCH OUTCOMES

12 NSW DPI RD&E PRIORITIES FOR WEEDS

12 REFERENCES

13 APPENDIX 1: STAKEHOLDER ORGANISATIONS AND INDIVIDUALS THAT PARTICIPATED IN THE WORKSHOP OR CONTRIBUTED TO THE DEVELOPMENT OF THE NSW DPI WEEDS RD&E STRATEGY.

14 APPENDIX 2: ABBREVIATIONS

14 APPENDIX 3: GLOSSARY OF TERMS

15 APPENDIX 4: LEGISLATION RELEVANT TO THE NSW DPI WEEDS RD&E STRATEGY

FOREWORD

I am pleased to present the NSW DPI Weeds RD&E Strategy 2016–2021.

Weeds pose one of the most significant threats to biodiversity and primary production in NSW.

The NSW Government is committed to strengthening the State’s Weed Research, Development and Extension (RD&E) role and this new strategy is an important component in safeguarding our $12 billion primary industry sector and protecting and conserving our environment.

The strategy establishes a solid foundation across DPI Biosecurity & Food Safety and DPI Agriculture for a collaborative weed RD&E approach. Its implementation will reduce the impacts of weeds resulting in more profitable agricultural production, lower costs of control for land managers, and sustained biodiversity.

This plan is the product of extensive consultation with relevant stakeholders and its success will be reliant on a collaborative approach by government organisations, industry, universities and the wider community.

Scott Hansen

Director General NSW Department of Primary Industries

EXECUTIVE SUMMARY• The agricultural economic impacts of weeds

in NSW are in excess of $1.8 billion per annum. The cost to nature conservation and landscape amenity is difficult to measure, but is thought to be of a similar magnitude.

• Invasive plant species (weeds) embody a diverse and significant threat with over 1,350 exotic plant species naturalised in NSW of which more than 300 have detrimental impacts on the biodiversity, community and primary production of NSW.

• This strategy reviews current capacity and provides strategic direction for future investment in Weed RD&E by NSW Department of Primary Industries (NSW DPI).

• The broad themes for Weed RD&E in NSW DPI are to manage weed risks by:

• Prevention and detection of new incursions of weeds

• Mitigating adverse impacts of established weeds;

• Adoption of best practice and community engagement in relation to weeds.

BACKGROUND

Weeds cause significant negative impacts to NSW’s economy, environment and community.

Government, industry and the community all seek better solutions and a greater coordinated effort, and a longer term approach to weed management is needed. This is essential in protecting NSW’s agricultural and biodiversity assets. A recurring theme is the on-going need for improved coordination of research and innovation investment between Governments, universities, industry and the community.

Specifically the aims of this strategy are to:

1. Outline the national and state strategic context for weeds research in NSW

2. Review the current capacity of NSW DPI in weed RD&E

3. Identify key RD&E investment priorities for weeds consistent with biosecurity, agriculture, environment and other industry RD&E strategies

4. Identify opportunities for joint government, industry, university and community partnerships to address these priorities.

STRATEGIC CONTEXT

The strategic direction for Weeds RD&E is currently provided nationally and in NSW by government and industry committees, working groups (who set priorities) and strategies (that outline the agreed priorities and implementation approach) (See Supplement). This strategy specifically addresses the priorities, goals, outcomes and program areas of the NSW DPI Strategic Plan 2015–1019, and NSW Biosecurity Strategy 2013–2021.

Setting priorities for weeds involves consideration of:

• maximising return on investment

• the biosecurity threat decision tree

• roles and responsibilities for government and other stakeholders.

NSW government investment into weed management is prioritised to deliver maximum public and industry benefits. Public benefit from protecting private assets is generally lower, particularly compared with other activities where government can play a role such as prevention or early detection of incursions.

The benefits of managing established weeds accrue predominantly to the owner of the land or the owner of the asset, so asset-based management may be most cost-effective for an individual and/or as the basis for collective action by a community or industry.

NSW DPI acknowledges that weed research and the essential investment therein needs to:

• strive for high standards of national and international scientific excellence

• address state and industry priorities

• promote strong collaboration drawing on expertise for priority areas wherever that occurs: nationally, internationally, and across government, university and community sectors

• conduct applicable and clearly transferable research that makes an on-ground differences to managing weeds and reducing their impacts.

WEED RESEARCH IN NSW DPI

NSW DPI carries out applied research in the areas of crop, pasture and environmental weed ecology and integrated weed management by cultural, chemical, mechanical and biological control means. It develops tools and methods to effectively and efficiently reduce the economic and environmental impacts that weeds have on the farms, primary industries and ecosystems of NSW and Australia.

KEY RESEARCH ACHIEVEMENTS

Ongoing development of improved and integrated weed management for

• Cropping systems, including better rotations, more vigorous crops and management systems to reduce herbicide dependence and resistance.

• Development of a novel tillage attachment that disrupts weeds and increases crop production.

• Pasture systems, including best management practices for serrated tussock on the Southern and Central Tablelands and giant Parramatta grass on the North Coast and Northern Tablelands.

• Environmental systems, including biological control of several environmental weeds, such as ox-eye daisy in Kosciusko National Park, mother of millions in agricultural areas and sensitive coastal landscapes, and alligator weed in river systems. Detection of several early weed incursions and development of preventive strategies to stop them becoming well established.

KEY RESEARCH INFRASTRUCTURE

DPI research facilities are primarily at Orange, Wagga Wagga, Narrabri, Yanco, Trangie, Grafton and Tamworth, with links to a network of farmer co-operators for on-farm trials.

http://www.dpi.nsw.gov.au/research/centres/orange

http://www.dpi.nsw.gov.au/research/centres/wagga

http://www.dpi.nsw.gov.au/research/centres/narrabri

NSW DPI WEED RESEARCH CAPACITY

Nationally, New South Wales, Queensland and CSIRO have the highest capacity of weeds RDE staff (Figure 1), with NSW and CSIRO re-building capacity, with new positions recently appointed for weed ecology, biocontrol and management in the last 2 years.

Figure 1. Full time equivalent (FTE) government weed researchers and technicians (internally or externally funded, rounded to nearest whole number) in May 2014 [ ] and in September 2016 [ ] in Australia.

0 30FTE

NEW SOUTH WALES

QUEENSLAND

CSIRO

WESTERN AUSTRALIA

VICTORIA

SOUTH AUSTRALIA

DEPT. OF AGRICULTURE

NORTHERN TERRITORY

NSW DPI weeds research is conducted by teams within DPI Biosecurity & Food Safety and DPI Agriculture. The total is around 30 FTE and this increases to around 37 FTE when the cooperative arrangement with the Graham Centre and Charles Sturt University is considered (Table 1).

BRANCH FTE

AGRICULTURE

Climate 0.2

Plant Systems 3.5

Soils 1.0

Livestock Systems 4.7

BIOSECURITY & FOOD SAFETY

Invasive Plants & Animals 20.9

Plant Biosecurity 0.4

SUB TOTAL 30.7

GRAHAM CENTRE

Graham Centre 6.25

TOTAL 37

Table 1. Full time equivalent (FTE) weed RD&E staff in NSW DPI by Division and Branch as at September 2016

DPI has staff working in each of the four key national RDE priority areas: Biocontrol, Integrated Weed Management, including Sustainability of herbicides, Detection and eradication technologies, and Socioeconomic drivers of adopting best practice (Table 2).

RDE PRIORITY FTE %

IWM Herbicides 24.5 66

Biocontrol 7 19

Detection 1.7 5

Adoption 3.9 10

Table 2. Full time equivalent (FTE) weed RDE staff in NSW DPI by RDE Priority as at September 2016

The source of funding for weed staff includes DPI consolidated revenue, Weeds Action Program, the Graham Centre, and Industry, which includes GRDC, CRDC, MLA, and many others. External funding with contractual commitments for the 2015–16 financial year was valued at $2 million via 12 different external funding bodies. In addition, the Weeds Action Program included a $1.1 million component for RDE innovation projects.

WEED RD&E PRIORITIES 2016–2021

Research, Development and Extension priorities for 2016–2021 have been grouped into themes that will assist producers, land managers, communities, regions and government to prevent and mitigate adverse impacts of weeds in NSW. The themes are strongly linked to the strategic priorities, goals, outcomes and program areas in the NSW DPI Strategic Plan 2015–2019. The specific DPI programs are:

• Increase productivity and innovation in agriculture

• Protect the economy, environment and community from biosecurity risks

• Increase the capacity of the agriculture sector to respond to risks and adapt to change

• Optimise research, education and capacity building

Three interlinked RD&E themes were identified:

2. Mitigating adverse impacts of weeds in NSW

1. Prevention and detection of weeds for NSW

Vision:

The economy, environment and community of NSW are protected from

the adverse impacts of weeds.

3. Adoption and community engagement in relation

to weeds in NSW

Each research theme is presented on the following pages with the NSW DPI research areas.

THEME 1: PREVENTION AND DETECTION OF WEEDS FOR NSW

Prevention and early intervention is generally the most cost-effective approach for managing and preventing adverse impacts of weeds. Risk management is fundamental across all stages of the biosecurity continuum – " pre-border, border and post-border. The best available science should underpin risk management approaches used in NSW. There is a need to continuously improve and maintain science capability in areas that inform risk management, specifically for NSW circumstances, focusing on the following research areas:

1. Foundational knowledge to underpin risk assessment, impact prediction and early detection;

2. Impact prediction to inform risk rating and possible scenarios for different weeds, production and non-production systems and geographic regions;

3. Effective surveillance approaches that provide early detection of high risk weed challenges quickly; and

4. Rapid Responses by strengthening community, industry and government coordinated management responses to detected high risk weed challenges.

DESIRED OUTCOMES:

• Pre-border and border prevention approaches result in less weeds entering and/or establishing in NSW

• Coordinated surveillance and early detection approaches enable eradication of target high risk weed species that enter NSW

• Risk management approaches support appropriate investment of resources (people, cash and technology) which help to reduce long term costs for NSW

RESEARCH AREA

Foundational knowledge to underpin risk assessment, impact prediction and early detection

Impact prediction to inform risk rating and possible scenarios for different weeds, production and non-production systems and regions

Early detection through effective surveillance approaches that identify high risk weed challenges quickly

Rapid response to improve the management of high risk weeds through enhanced community, industry and government awareness and coordination

• Improve understanding and fill gaps on the ecology and genetics of possible weed species.

• Identify possible future high risk weed species, including conflict species and their characteristics.

• Promote consistent use of the Biosecurity Information System as a state-wide mapping resource for priority weeds.

• Undertake pathway analysis, weed mapping, spread models and other modeling to understand likely impact of specific weeds problems or potential weeds.

• Strengthen and continuously improve risk assessment approaches and use (complications, conflict species, sleeper weeds, understanding scale of action required).

• Improve understanding of potential scenarios for land use changes in relation to specific weeds, or for risks identified for ecosystems or production systems.

• Boost understanding of the impact that climate change may pose on identified weed species, and on production and environmental systems.

• Identify and further develop surveillance approaches.

• Build stronger networks (incl electronic tools) to increase weed detection by the community.

• Investigate the use of new technologies for surveillance and early detection. Such as robotics, drones, DNA, artificial intelligence, remote sensing and detector dogs.

• Build capacity and undertake science which will support access and approval of chemical or other permits required for management responses.

• Develop pre-emergent herbicides (to manage seed banks) and other management approaches for early response to high risk weeds.

• Benchmark, then continuously improve best practice hygiene and prevention techniques (at border, regional and local/on-farm).

• Identify best practice in production systems (e.g. pasture management, alternative crops) which can prevent or reduce weed challenges in NSW.

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THEME 2: MITIGATING ADVERSE IMPACTS OF WEEDS IN NSW

Mitigating adverse impacts of weeds is complex and can be costly. This theme aims to provide foundational knowledge and solutions to assist with the containment of weeds and/or mitigate existing problem weeds. Research areas include:

1. Develop alternative management strategies to mitigate current and future weed impacts within production systems;

2. Biocontrol to minimise impacts over the longer term in production and natural systems;

3. Enhance management approaches for weeds impacting natural systems; and

4. Develop tools, systems and technologies to support public and private land managers’ management of weeds.

DESIRED OUTCOMES:

• Management practices successfully contain or reduce the impact of identified high risk weed species.

• Alternative management strategies are cost effective for land managers and the public.

• Implementation of biological control helps to minimise long term impacts of target weed species in production and natural systems.

RESEARCH AREA

Develop alternative management strategies to mitigate current and future weed impacts within production systems

Biocontrol to minimise impacts over the longer term in production and natural systems

Enhance management approaches for weeds impacting natural systems

• Identify new methods which reduce reliance on herbicides and promote integrated approaches.

• Develop integrated weed management systems that maintain diverse options for effective management in cropping systems (including rotations, crop type etc.)

• Incorporate climate change and variability, and its impact on weeds into weed management strategies.

• Improve understanding of seedbank ecology in production systems to reduce seed banks, and to developed more effective weed mitigation strategies.

• Enhance national and international collaborations in weed biocontrol to maximise cost-efficiency and delivery of new biological agents.

• Progress the development of low cost, low maintenance quarantine (QC2) facilities for NSW.

• Fast track the delivery of existing and evaluate new biological control agents for priority weeds.

• Develop improved integrated control options incorporating biological and landscape controls.

• Develop understanding of how weed species could invade natural environments. Initially target key priority weed species and/or focus on high value environmental ecosystems.

• Improve understanding of seedbank ecology in natural systems.

• Fill gaps and build capacity in understanding the ecology of high impacting weed species in natural systems and landscapes.

• Improve understanding of succession processes in natural systems and the role of ‘transformer’ and ‘sleeper’ species.

• Maintain R&D capacity to address minor – use chemical issues for environmental weed management.

• Develop mechanisms for costing the impact of weeds outside of agriculture systems. Link these impacts to risk management approaches.

NSW DPI WEEDS RD&E STRATEGY 2016–2021 p|9

THEME 3: ADOPTION AND ENGAGEMENT IN RELATION TO WEEDS IN NSW

Effective weed management is a responsibility shared between landholders, community, industry and governments. Research in this theme aims to provide knowledge, tools and information that can support the wide range of involved stakeholders to better adopt effective prevention, detection and mitigation of the impacts of weeds in NSW. These include:

• Improving the understanding of behaviour (position, priorities and preferences) of key target stakeholders;

• Developing and improving communication and extension approaches for target stakeholders; and

• Monitoring institutional and policy arrangements to identify impediments and/or opportunities that could catalyse effective weed prevention, detection and management.

DESIRED OUTCOMES:

• Increased adoption and engagement.

• An improved ability to customise information, tools and resources for different stakeholders based on their role, preferences and needs for weed management in NSW.

• Improved ability to address barriers to the adoption of improved weed management.

• Examples of improved social, economic and/or institutional understanding incorporated into research projects and research developed to support decision making in relation to weeds.

RESEARCH AREA

Better understand behaviour (position, priorities and preferences) of key target stakeholders

Develop and improve communication and extension approaches for target stakeholders

Monitor institutional and policy arrangements to identify impediments and/or opportunities that could catalyse effective weed prevention, detection and management

• Identify primary behaviours and practices of various land managers, including farmers from different sectors, in relation to weed management.

• Identify and test different approaches to influencing behaviour and tactics (draw out strengths and weaknesses of different tactics for various circumstances).

• Assess current practices and attitudes towards management of specific high impact weeds and identify areas to develop targeted campaigns/strategies.

• Improve understanding of the social and economic dimensions of weed problems in NSW.

• Build customised decision support tools for different land managers which will enable better uptake of best management practices.

• Develop tools to support early detection and surveillance for high risk weed species (including practical approaches that farmers and the community can effectively participate in).

• Identify opportunities for citizen science to complement formal research efforts. How best can this be managed and utilised?

• Develop decision support information on different extension approaches and identify strengths and weaknesses of different options.

• Review other communication and extension efforts from various industry groups. Utilise the successful strategies/methods.

• Investigate institutional arrangements to better understand enablers and inhibitors of effective weed management.

• Assess alternative funding options for resourcing weed management and weed R&D (including considering crowd funding, community participation etc.).

• Develop policy tools to support risk management decision making (including alternate ways to assess cost: benefits of different weed risks and management options).

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RESEARCH OUTCOMES

Outcomes are the way of showing achievements over the life of a strategy. After each listed outcome, we have included the achievement date as well as the review interval, to show that work is continuing towards these research themes.

REVIEW PERIOD TARGET DATE

THEME 1: PREVENTION AND DETECTION OF WEEDS FOR NSW

1. Implementation of new surveillance and early detection approaches that enable eradication of target high risk weed species that enter NSW.

Annual 2018

2. Risk management approaches support appropriate investment of resources (people, cash and technology) which help to reduce long term costs for NSW.

Annual 2017

THEME 2: MITIGATING ADVERSE IMPACTS OF WEEDS IN NSW

1. Alternative management strategies are cost effective for land managers and the public.

2020

2. Implementation of biological control helps to minimise long term impacts of target weed species in production and natural systems.

Annual 2018

THEME 3: ADOPTION AND ENGAGEMENT IN RELATION TO WEEDS IN NSW

1. An improved ability to customise information, tools and resources for different stakeholders based on their role, preferences and needs for weed management in NSW.

Biannual 2018

2. Improved ability to address barriers to the adoption of improved weed management.

Annual 2021


NSW DPI RD&E PRIORITIES FOR WEEDS

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1. PREVENTION AND DETECTION OF WEEDS FOR NSW

ü ü ü ü ü ü ü ü 1 1 1 Implementation of new surveillance and early detection approaches that enable eradication of target high risk weed species that enter NSW.

ü ü ü ü ü ü ü 1 1 1 Risk management approaches support appropriate investment of resources (people, cash and technology) which help to reduce long term costs for NSW.

2. MITIGATING ADVERSE IMPACTS OF WEEDS IN NSW

ü ü ü ü ü ü 1 1 1 Alternative management strategies are cost effective for land managers and the public.

ü ü ü ü ü ü ü 1 2 1 Implementation of biological control helps to minimise long term impacts of target weed species in production and natural systems.

3. ADOPTION AND ENGAGEMENT IN RELATION TO WEEDS IN NSW

ü ü ü ü ü ü ü ü ü ü 2 2 1 An improved ability to customise information, tools and resources for different stakeholders based on their role, preferences and needs for weed management in NSW.

ü ü ü ü ü ü ü ü ü ü 2 2 1 Improved ability to address barriers to the adoption of improved weed management.

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APPENDIX 1: STAKEHOLDER ORGANISATIONS AND INDIVIDUALS THAT PARTICIPATED IN THE WORKSHOP OR CONTRIBUTED TO THE DEVELOPMENT OF THE NSW DPI WEEDS RD&E STRATEGY.

Aaron Driver: University of New England

Aaron Simmons: Department of Primary Industries

Alison Bowman: Department of Primary Industries

Andrew McConnachie: Department of Primary Industries

Andrew Sanger: Department of Primary Industries

Birgitte Verbeek: Department of Primary Industries

Bruce Auld: Department of Primary Industries

Bruce Christie: Department of Primary Industries

Carol Harris: Department of Primary Industries

Colin McMaster: Department of Primary Industries

David Gopurenko: Department of Primary Industries

David Officer: Department of Primary Industries

Deb Slinger: Department of Primary Industries

Delia Dray: Department of Primary Industries

Eric Koetz: Department of Primary Industries

Graham Charles: Department of Primary Industries

Guy McMullen: Department of Primary Industries

Hanwen Wu: Department of Primary Industries

Hillary Cherry: NSW National Parks & Wildlife Service

Janelle Jenkins: Riverina LLS

John Piltz: Department of Primary Industries

John Tracey: Department of Primary Industries

Louise Morin: CSIRO

Lynette McLeod: University of New England

Marja Simpson: Department of Primary Industries

Michael Bullen: Department of Primary Industries

Michael Friend: Graham Centre for Agricultural Innovation

Mark Evans: Department of Primary Industries

Neil Rendell:

Nigel Phillips: Department of Primary Industries

Paul Downey: University of Canberra

Pete Turner: NSW National Parks & Wildlife Service

Phil Blackmore: Department of Primary Industries

Richard Carter: Central Tablelands LLS

Ricky Graham: Department of Primary Industries

Rod Jackson: Department of Primary Industries

Satendra Kumar: Department of Primary Industries

Scott Charlton: Department of Primary Industries

Stephen Johnson: Department of Primary Industries

Suzanne Boschma: Department of Primary Industries

Syd Lisle: Department of Primary Industries

Tony Cook: Department of Primary Industries

Vicki Woodburn: Garland Outcomes


APPENDIX 2: ABBREVIATIONS

AGSWG: Australian Glyphosate Sustainability Working Group

CSIRO: Commonwealth Scientific and Industrial Research Organisation

GWAC: Grains Weed Research Advisory Committee

HAL: Horticulture Australia Limited

IGAB: Intergovernmental Agreement on Biosecurity

IPAC: Invasive Plants & Animals Committee

MLA: Meat and Livestock Australia

NBC: National Biosecurity Committee

NSW DPI: New South Wales Department of Primary Industries

RMCIC: Red Meat Co-investment Committee

SWC: State Weed Committee

APPENDIX 3: GLOSSARY OF TERMS

Aquatic: Living or growing in or on the water (fresh, brackish, salt).

Biodiversity: The variety of life forms, the different plants, animals, micro-organisms, the genes they contain and the ecosystems they form.

Biosecurity: The management of risks posed by organisms to the economy, environment and people’s health through exclusion, mitigation, adaptation, control and eradication.

Containment: Restricting the spread of an invasive species incursion.

Eradication: Removal of the entire population of a species in a managed area: Completely eliminating that species including reproductive propagules.

Establishment: The point at which a species can reproduce at a sufficient level ensuring survival in a new habitat without new genetic input from outside the system.

Evaluation: The process or results of an assessment or appraisal in relation to stated objectives, standards or criteria.

Incursion: An isolated population of an invasive species detected in an area where it has not been previously established.

Impacts: The (usually negative) economic, environmental and/or social effects of invasive species.

Invasive species: A species whose establishment and spread threatens ecosystems, habitats or species with economic or environmental harm.

New invasive species: An introduced species that has not been recorded in NSW previously and whose impacts are likely to be significant, or a species previously recorded in NSW that has since exhibited invasiveness.

Pest: Any plant or animal having, or with potential to have an adverse economic, environmental or social impact.

Risk management: The culture, process and structures that are directed towards realising potential opportunities whilst managing adverse effects.

Stakeholders: Those people and organisations who may affect, be affected by, or perceive themselves to be affected by a decision, activity or risk.

Terms of reference: The scope allowed to persons conducting an enquiry of any kind.

Threatened: Is specified in the NSW Threatened Species Conservation Act 1995 as either endangered, vulnerable, or presumed extinct.

Weed: Plants that are unwanted in a given situation and which usually have detectable negative economic, environmental or social effects.

Widespread: A species widely distributed in NSW.

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APPENDIX 4: LEGISLATION RELEVANT TO THE NSW DPI WEEDS RD&E STRATEGY

Biological Control Act 1986

Catchment Management Authorities Act 2003

Crown Lands Act 1989

Environmental Planning and Assessment Act 1979

Environment Protection and Biodiversity Conservation Act 1999 (Cwlth)

Forestry Act 1916

Forestry and National Park Estate Act 2002

Local Government Act 1993

Native Vegetation Act 2003

National Parks and Wildlife Act 1974

Noxious Weeds Act 1993

NSW Threatened Species Conservation Act 1995

Quarantine Act 1908 (Cwlth)

Rural Lands Protection Act 1998

Soil Conservation Act 1938

Protection of the Environment Operations Act 1997

Water Management Act 2000

Western Lands Act 1901


FURTHER INFORMATION

NSW Department of Primary Industries: www.dpi.nsw.gov.au

COPYRIGHT

© State of New South Wales through NSW Department of Industry, Skills and Regional Development. You may copy, distribute and otherwise freely deal with this publication for any purpose, provided that you attribute NSW Department of Primary Industries as the owner.

DISCLAIMER

The information contained in this publication is based on knowledge and understanding at the time of writing (February 2016). However, because of advances in knowledge, users are reminded of the need to ensure that information upon which they rely is up to date and to check currency of the information with the appropriate officer of NSW Department of Primary Industries or the user’s independent adviser.

Published by NSW Department of Primary Industries. jn 14130

ISBN PRINT: 978-1-74256-997-0, WEB: 978-1-74256-998-7

ACKNOWLEDGEMENTS

This Strategy was guided by the NSW DPI Weed R&D Steering Committee comprising: John Tracey (Chair), Scott Charlton, Mark Evans, Guy McMullen and Deb Slinger. The Strategies’ framework and much of its detail were provided by a workshop held in Orange on the 24 & 25 August 2015, facilitated by Vicki Woodburn. The outcomes from this workshop were collated by Vicki Woodburn, Andrew McConnachie and John Tracey, who then wrote a draft Strategy for consultation and review by the participants, other key contacts and the Steering Committee.

Individuals and organisations then provided valued comment on the draft strategy, which helped the steering committee refine the final document.

Front cover image: L-R Dr Andrew McConnachie [Research Officer], Dr Kerinne Harvey [Research Leader - DPI’s Weed Research Unit], Rachel Ladd [Graduate Student].

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WEEDRISKCOMPLIANCEREGISTERPRIVATEPROPERTYACTIVITY10Months-SequenceResults


Council Chambers Telephone: (02) 6338 2875 7 Lee Street, KELSO. PO Box 703 [email protected] Bathurst NSW 2795 www.umcc.nsw.gov.au

26th February 2019 David Sherley General Manager Bathurst Regional Council PMB 17 BATHURST NSW 2795 RE: Establishment of a Biosecurity Enforcement Fund

Dear David, The County Council anticipates an ongoing inability to properly fund legal action that may be required to obtain enforcement orders or impose financial penalties where other enforcement measures (such as Direction Notices and Penalty Infringement Notices) have failed to secure compliance. We imagine the same problem also exists for many Local Councils that are also Local (Weed) Control Authorities. An inability to mount one let alone multiple actions, against recalcitrant landholders or to undertake unfunded large scale spraying operations, arises simply because a small organisation like the County Council does not have the financial cash-flow or capital backing that can withstand the typical scale of outlay up-front or cope with the extensive time delays in recovering costs or covering losses. The NSW State Government has made the Biosecurity Act and the Upper Macquarie County Council has been tasked with the implementation of that Act in this district. The County Council is applying all methods possible to encourage landholders to manage their weeds, however there are going to be some recalcitrant landholders who refuse to take any action despite repeated attempts to contact them and encourage them. In these situations there will be no practical alternative but to take enforcement action in a court of law or for the Council to forcibly treat the biosecurity matter and then seek to recover the cost. While the County Council does not have the necessary financial resources to take legal or undertake forced treatment action, UMCC has obtained legal confirmation that the processes and evidentiary trail it is putting in place should support successful prosecutions. It is believed that if a number of successful prosecutions occur then this will encourage a number of previously recalcitrant landholders to undertake weed control measures but not all.

Upper Macquar ie County Counci l

2

Accordingly, the County Council has been discussing ways to address the situation, and has identified that one possible solution is to establish a NSW State Government backed ‘Biosecurity Enforcement Fund’. Such a fund would be used to finance the enforcement action required against recalcitrant landholders who do not comply with the Biosecurity Act in relation to weeds and pests. Any recoveries from recalcitrant landholders – such as court imposed fines and any legal costs awarded would be paid back into the fund. To prevent Councils calling on the fund inappropriately Councils would (for example) have to justify any drawdown with a legal opinion that states the Council has a reasonable chances of success / on balance the Council/ County Council would be successful in any prosecution. If spraying as an enforcement measure is undertaken (by the Local Control Authority rather than a court order to do so) the legal opinion would have to state the County Council/ Council would on the balance of probability be successful in recovering of costs albeit it may be over a long period of time. In such a case, and where a court order to do compulsory work is ordered, the cost of the forced weed spraying by the local control authority would be paid initially by the fund and recovered in due course through a garnishee order or instalment order or charge put on the property as an encumbrance on title. At this stage the County Council is simply canvassing the views of constituent councils on the matter, in order to help clarify its position and also to assess the level of support that might be available if the County Council were to try and raise the matter to a State level. I would appreciate it if you could assess your Councils likely position on this matter, and provide any comments or suggested ways forward in due course. Yours faithfully David Young General Manager Upper Macquarie County Council

upper macquarie county council council chambers mail po ......david young general manager . ordinary...

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