Agenda of Ordinary Council Meeting

Ordinary Council Meeting Agenda 26 November 2019

PUBLIC FORUM (held outside formal Council Meeting)

The Council may hold a public forum prior to 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 (listed on the Agenda).

Public forums may also be held prior to Extraordinary Council Meetings and meetings of committees of the Council.

Public forums are to be chaired by the mayor or their nominee.

Request to Speak in the Public Forum

To speak at a public forum, a person must first make an application to the Council in the approved form. Applications to speak at the public forum must be received by 5pm on the working day before the date on which the public forum is to be held and must identify the item of business on the agenda of the Council meeting the person wishes to speak on, and whether they wish to speak ‘for’ or ‘against’ the item.

Approved speakers at the public forum are to register with the Council any written, visual or audio material to be presented in support of their address to the Council, and to identify any equipment needs at 5pm on the working day before the Public Forum.

The General Manager or their delegate may refuse to allow such material to be presented.

A person may apply to speak on no more than 2 items of business on the agenda of the Council Meeting.

Legal representatives acting on behalf of others are not to be permitted to speak at a public forum unless they identify their status as a legal representative when applying to speak at the public forum.

The General Manager or their delegate may refuse an application to speak at a public forum.

No more than three (3) speakers are to be permitted to speak ‘for’ or ‘against’ each item of business on the agenda for the Council Meeting.

If more than the permitted number of speakers apply to speak ‘for’ or ‘against’ any item of business, the general manager or their delegate may, in consultation with the mayor or the mayor’s nominated chairperson, increase the number of speakers permitted to speak on an item of business, where they are satisfied that it is necessary to do so to allow the council to hear a fuller range of views on the relevant item of business.

Each speaker will be allowed three (3) minutes to address the Council. This time is to be strictly enforced by the Chairperson.

The Chairperson of the meeting can grant one extension of up to a maximum of two (2) minutes, should further information, be considered to be important to the Council. This is solely at the discretion of the Chair.

Speakers at public forums must not digress from their nominated item on the agenda. If a speaker digresses to irrelevant matters, the Chairperson is to direct the speaker not to do so. If a speaker fails to observe a direction from the chairperson, the speaker will not be further heard.

A councillor (including the chairperson) may, through the chairperson, ask questions of a speaker following their address at a Public Forum. Questions put to a speaker must be direct, succinct and without argument. Debate will not be permitted by the speaker, Councillors or staff.

Speakers are under no obligation to answer a question. Answers by the speaker, to each question are to be limited to three (3) minutes.

Speakers at public forums cannot ask questions of the Council, Councillors or Council staff.

The general manager or their nominee may, with the concurrence of the chairperson, address the council for up 5 minutes in response to an address to the council at a public forum after the address and any subsequent questions and answers have been finalised.

Where an address made at a public forum raises matters that require further consideration by council staff, the general manager may recommend that the council defer consideration of the matter pending the preparation of a further report on the matters.

The “Request to Speak in Public Forum”, at an Ordinary Council Meeting, can be obtained, from Council’s Administration Office, or by downloading it from Council’s website at:

http://www.narrabri.nsw.gov.au/speaking-at-public-forum-1232.html

Use of mobile phones and unauthorised recording of meetings

Councillors, council staff and members of the public must ensure that mobile phones are turned to silent during meetings of the council and committees of the council.

(Clause 15.20 Code of Meeting Practice)

A person must not live stream or use an audio recorder, video camera, mobile phone or any other device to make a recording of the proceedings of a meeting of the council or a committee of the council without the prior authorisation of the Council.

(Clause 15.21 Code of Meeting Practice)

Mayor

Cr Cathy Redding

Deputy Mayor

Cr Cameron Staines

Cr Maxine Booby

Cr Ron Campbell

Cr Ron Campey

Cr Lloyd Finlay

Cr Robert Kneale

Cr Ann Loder

Cr Annie McMahon

General Manager

Mr Stewart Todd

Director

Infrastructure

Delivery

Mr Darren Raeck

Director

Corporate and Community Services

Mr Lindsay Mason

Executive Manager Planning and

Environment

Mr Daniel Boyce

1 Opening Prayer by a Member of the Narrabri Minister’s Fraternal

Members and officers are asked to be upstanding for the opening prayer.

2 Acknowledgement of Country

I’d like to begin by acknowledging the Traditional Owners of country throughout Australia, and in particular the Gomeroi People of the Kamilaroi Nation, and recognise their continuing connection to land, waters and culture.

We pay our respects to their Elders past, present and emerging.

3 Apologies/Granting of Leave of Absences

4 Declaration of Pecuniary and Non- Pecuniary Interests

Councillors are reminded of their obligation to declare their interest in any matters listed before them.

In considering your interest, you are reminded to include pecuniary, non-pecuniary and conflicts of interest as well as any other interest you perceive or may be perceived of you.

Councillors may declare an interest at the commencement of the meeting, or alternatively at any time during the meeting should any issue progress or arise that would warrant a declaration.

Councillors must state their reasons in declaring any type of interest.

5 Items to be Considered in the Confidential (Public Excluded) Meeting

Extract from Council’s Code of Meeting Practice:

14 CLOSURE OF COUNCIL MEETINGS TO THE PUBLIC

Grounds on which meetings can be closed to the public

14.1 The council or a committee of the council may close to the public so much of its meeting as comprises the discussion or the receipt of any of the following types of matters:

(a) personnel matters concerning particular individuals (other than councillors),

(b) the personal hardship of any resident or ratepayer,

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business,

(d) commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it, or

(ii) confer a commercial advantage on a competitor of the council, or

(iii) reveal a trade secret,

(e) information that would, if disclosed, prejudice the maintenance of law,

(f) matters affecting the security of the council, councillors, council staff or council property,

(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege,

(h) information concerning the nature and location of a place or an item of Aboriginal significance on community land,

(i) alleged contraventions of the council’s code of conduct.

Note: Clause 14.1 reflects section 10A(1) and (2) of the Act.

14.2 The council or a committee of the council may also close to the public so much of its meeting as comprises a motion to close another part of the meeting to the public.

Note: Clause 14.2 reflects section 10A(3) of the Act.

The following matters will be considered in the Closed (Public Excluded) Meeting:

13.1 Northern NSW Inland Port (N2IP)

6 Presentations

Presentation requests received to date:

· Nil.

7 Confirmation of Minutes

Recommendation

That the minutes of the Ordinary Meeting of the Narrabri Shire Council held on 21 October 2019 comprising Minute Nos 233/2019 to 248/2019 as circularised be confirmed and signed as a correct record by the Mayor.

Recommendation

That the minutes of the Extraordinary Council Meeting of the Narrabri Shire Council held on 14 November 2019 comprising Minute Nos 249/2019 to 251/2019 as circularised be confirmed and signed as a correct record by the Mayor.

Ordinary Council Meeting Minutes 26 November 2019

MINUTES OF narrabri SHIRE council
Ordinary Council Meeting
HELD AT THE Narrabri Shire Council Chambers, 46-48 Maitland Street, Narrabri
ON Monday, 21 October 2019 AT 11.19 am

PRESENT: Cr Catherine Redding (Mayor), Cr Robert Kneale, Cr Maxine Booby, Cr Ron Campey, Cr Ann Loder, Cr Cameron Staines (Deputy Mayor).

IN ATTENDANCE: Stewart Todd (General Manager), Lindsay Mason (Director Corporate Services), Chris Watkins (Acting Director Infrastructure Delivery), Delece Hartnett (Minute Clerk).

Proceedings of the meeting commenced at 11.19am.

1 Opening Prayer by a Member of the Narrabri Minister’s Fraternal

Members and officers were upstanding for the opening prayer by Ps Travis Lions of Christian Outreach Centre Narrabri, in association with the Narrabri Ministers Fraternal.

2 Acknowledgement of Country

The Mayor acknowledged the Traditional Owners of the land on which the Council met, the Kamilaroi people, and paid her respects to Elders past, present and emerging.

3 Apologies/Granting of Leave of Absences

Mayor Cr Redding, noted at this time that Cr Staines had advised he would be late to the Ordinary Council Meeting due to his current involvement with local bushfires and Rural Fire Service duties.

Minute 233/2019

Moved: Cr Ron Campey Seconded: Cr Maxine Booby

That apologies from Cr Annie McMahon (vide previous Leave of Absence Resolution No. 214/2019), and Cr Ron Campbell and Cr Lloyd Finlay be received and accepted.

In Favour: Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campey and Ann Loder.

Against: Nil

carried 5/0

4 Declaration of Pecuniary and Non- Pecuniary Interests

Nil.

5 Items to be Considered in the Confidential (Public Excluded) Meeting

Nil.

6 Presentations

Presentation requests received to date:

Nil.

7 Confirmation of Minutes

Minute 234/2019

Moved: Cr Robert Kneale Seconded: Cr Ann Loder

That the minutes of Ordinary Meeting of the Narrabri Shire Council held on 24 September 2019 comprising Minute Nos 201/2019 to 230/2019 as circularised be confirmed and signed as a correct record by the Mayor.

In Favour: Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campey and Ann Loder.

Against: Nil

carried 5/0

Minute 235/2019

Moved: Cr Robert Kneale Seconded: Cr Ann Loder

That the minutes of Extraordinary Council Meeting of the Narrabri Shire Council held on 17 October 2019 comprising Minute Nos 231/2019 to 232/2019 as circularised be confirmed and signed as a correct record by the Mayor.

In Favour: Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campey and Ann Loder.

Against: Nil

carried 5/0

8 Mayoral Minute

8.1 Mayoral Minute - Mayoral Appointments for September/October 2019

Minute 236/2019

Moved: Cr Catherine Redding

That Council note the Mayoral Appointments for the period September/October 2019.

In Favour: Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campey and Ann Loder.

Against: Nil

carried 5/0

9 Our Society

9.1 Report on the Central Northern Regional Library Committee Meeting held in Tamworth 4 September 2019

Minute 237/2019

Moved: Cr Catherine Redding Seconded: Cr Maxine Booby

That Council That Council notes the report on the Central Northern Regional Library meeting held in Tamworth 4 September 2019.

In Favour: Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campey and Ann Loder.

Against: Nil

carried 5/0

9.2 Report on the NSW Public Libraries Association (NSWPLA) North East Zone Meeting held on 19 September 2019.

Minute 238/2019

Moved: Cr Catherine Redding Seconded: Cr Ann Loder

That Council note the report on NSWPLA North East Zone Meeting held on 19 September 2019.

Carried

In Favour: Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campey and Ann Loder.

Against: Nil

carried 5/0

9.3 Public Safety Closed-Circuit Television (CCTV) Camera Policy

Minute 239/2019

Moved: Cr Maxine Booby Seconded: Cr Robert Kneale

That Council adopt the Public Safety Closed-Circuit Television (CCTV) Camera Policy.

In Favour: Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campey and Ann Loder.

Against: Nil

carried 5/0

9.4 Delegates Report - Narrabri District Health Service Advisory Committee Meeting - 9 September 2019

Minute 240/2019

Moved: Cr Ann Loder Seconded: Cr Maxine Booby

That Council note Cr Loder’s Delegates Report from the Narrabri District Health Service Advisory Committee Meeting held on Monday 9 September 2019.

In Favour: Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campey and Ann Loder.

Against: Nil

carried 5/0

9.5 Report requesting the abolition of overdue library fines

Minute 241/2019

Moved: Cr Catherine Redding Seconded: Cr Maxine Booby

1. That Council abolish overdue library fines, in conjunction with Central Northern Regional Library resolution of 4 September 2019.

2. That Council advertise the abolition of these fines, for a period of 28 days, and invite public submissions.

In Favour: Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campey and Ann Loder.

Against: Nil

carried 5/0

10 Our Environment

10.1 Boggabri Flood Study

Minute 242/2019

Moved: Cr Robert Kneale Seconded: Cr Ann Loder

1. That Council note the Minutes of the Narrabri Shire Floodplain Risk Management Committee meeting held on Wednesday 9 October 2019 and adopt their recommendation to accept WRM Water + Environment’s proposal of $125,690 (ex GST) to complete the Boggabri Flood Study.

2. That Council’s contribution of $17,955.71 (ex GST) be drawn from its Strategic Land Use Planning Restricted Asset.

In Favour: Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campey and Ann Loder.

Against: Nil

carried 5/0

11 Our Economy

Nil reports.

12 Our Civic Leadership

12.1 Capital Works Carry Forwards, Revotes and Over Runs

Minute 243/2019

Moved: Cr Ron Campey Seconded: Cr Ann Loder

1. That Council revote in 2019/2020 an amount of $62,500, as identified in attachment 1 to this report, from the 2018/2019 capital works program.

2. That Council carry forward to 2019/2020 an amount of $6,483,894, as identified in attachment 1 to this report, to finalise works not completed as at the end of 2018/2019 financial year.

3. That Council create an internal restriction for the works funded from untied funding, being $230,159, at 30 June 2019.

4. That Council reduce multi-year capital project budgets in 2019/2020 by an amount of $2,930,272, for projects that exceeded their projected votes at 30 June 2019, as identified in the attachments to this report.

In Favour: Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campey and Ann Loder.

Against: Nil

carried 5/0

12.2 Determination of Organisational Structure and Senior Staff

Minute 244/2019

Moved: Cr Maxine Booby Seconded: Cr Ron Campey

1. That Council adopt the Organisational Structure, as contained within this report.

2. That Council determine the positions of:

a. Director Infrastructure Delivery; and

b. Director Corporate and Community Services;

to be Senior Staff positions as per section 332 of the Local Government Act 1993.

In Favour: Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campey and Ann Loder.

Against: Nil

carried 5/0

12.3 Operational and Service Plan Quarterly Report - September 2019

Minute 245/2019

Moved: Cr Ann Loder Seconded: Cr Ron Campey

That Council adopt the Quarterly Operational and Service Plan Report, as attached, detailing Council’s progress in meeting its actions and key performance measures for the September 2019 quarter.

In Favour: Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campey and Ann Loder.

Against: Nil

carried 5/0

12.4 Investment Report - September 2019

Minute 246/2019

Moved: Cr Robert Kneale Seconded: Cr Maxine Booby

That Council note the Investment Report for September 2019.

In Favour: Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campey and Ann Loder.

Against: Nil

carried 5/0

12.5 Council's Surplus Land Disposal Program

Minute 247/2019

Moved: Cr Maxine Booby Seconded: Cr Ron Campey

1. That Council offer the following properties for Sale by Private Treaty, engaging a registered real estate agent:

a. 35-37 Dalton Street, Boggabri.

b. 103 Caloola Road, Boggabri.

c. 39 Williams Drive, Narrabri West.

d. 31-33 Vivian Street, Pilliga.

e. 77 Vera Leap Road, Wee Waa.

2. That the General Manager, following receipt of input/advice from a qualified property valuer, be authorised to approve the selling prices and/or set the reserve prices for the selling of the properties listed in Item 1 above.

3. That the General Manager be able to negotiate the selling price, via the appointed registered real estate agent, with any prospective purchaser, noting the reserve prices set.

4. That the Council’s Common Seal be affixed to all relevant documents, to effect the sale of the properties listed in Item 1 above.

In Favour: Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campey and Ann Loder.

Against: Nil

carried 5/0

12.6 Acceptance of Tenders under Delegation – September 2019

Minute 248/2019

Moved: Cr Robert Kneale Seconded: Cr Maxine Booby

That Council note the determination of tenders under delegation for the period to September 2019.

In Favour: Crs Catherine Redding, Robert Kneale, Maxine Booby, Ron Campey and Ann Loder.

Against: Nil

carried 5/0

13 Confidential (Closed Council) Meeting

Nil reports.

14 Meeting Closed

The Meeting closed at 12.10pm.

The minutes of this meeting are scheduled to be confirmed at the Ordinary Council Meeting to be held on 26 November 2019.

...................................................

CHAIRPERSON

Ordinary Council Meeting Minutes 26 November 2019

MINUTES OF Narrabri Shire council
Extraordinary Council Meeting
HELD AT THE Narrabri Shire Council Chambers, 46-48 Maitland Street, Narrabri
ON Thursday, 14 November 2019 AT 6.04 pm

PRESENT: Cr Cameron Staines (Deputy Mayor), Cr Robert Kneale, Cr Ron Campbell, Cr Ron Campey, Cr Ann Loder, Cr Annie McMahon,

IN ATTENDANCE: Stewart Todd (General Manager), Darren Raeck (Director Infrastructure Delivery), Daniel Boyce (Executive Manager Planning & Environment Services), Delece Hartnett (Minute Clerk).

1 Opening Prayer by a Member of the Narrabri Minister’s Fraternal

Members and officers were upstanding for the opening prayer read by the Deputy Mayor, Cr Cameron Staines.

2 Acknowledgement of Country

The Mayor acknowledged the Traditional Owners of the land on which the Council met, the Kamilaroi people, and paid her respects to Elders past, present and emerging.

3 Apologies/Granting of Leave of Absences

Minute 249/2019

Moved: Cr Ann Loder Seconded: Cr Ron Campey

That apologies from Mayor, Cr Catherine Redding, Cr Maxine Booby and Cr Lloyd Finlay be accepted.

In Favour: Crs Robert Kneale, Ron Campbell, Ron Campey, Ann Loder, Annie McMahon and Cameron Staines

Against: Nil

carried 6/0

4 Declaration of Pecuniary and Non-Pecuniary Interests

Nil.

5 Items to be Considered in the Confidential (Public Excluded) Meeting

Nil.

6 Public Forum and Presentations

Public Forum requests received to date:

· Nil.

Presentation requests received to date:

· Nil.

7 Our Environment

7.1 Narrabri Shire Council Community Participation Plan

Minute 250/2019

Moved: Cr Ron Campbell Seconded: Cr Annie McMahon

1. That Council endorse the Narrabri Shire Council Community Participation Plan.

2. That Council place on exhibition the Narrabri Shire Council Community Participation Plan for a minimum period of twenty-eight (28) days.

In Favour: Crs Robert Kneale, Ron Campbell, Ron Campey, Ann Loder, Annie McMahon and Cameron Staines

Against: Nil

carried 6/0

8 Our Economy

8.1 Development Application 83/2019 - Proposed Erection of industrial building for use as metal fabrication and associated office

Minute 251/2019

Moved: Cr Ron Campey Seconded: Cr Ron Campbell

1. That Council determine the Development Application 83/2019 for the erection of an industrial building for use as metal fabrication and associated office by granting consent to the application subject to conditions in Attachment 1.

2. That Council release the following restrictions on the use of land on Lot 12 DP 1242823:

a. Development limitation to 20% site coverage (fill and construction of buildings)

3. That Council apply the following restrictions on the use of land on Lot 12 DP 1242823:

a. Development (fill and construction of buildings) requires a flood impact assessment demonstrating that the cumulative flood level increases are within the acceptable limits identified in the Narrabri Supplementary Floodplain Management Study by Osborne Lane and Max Winders and Associates dated February 2002.

In Favour: Crs Robert Kneale, Ron Campbell, Ron Campey, Ann Loder, Annie McMahon and Cameron Staines

Against: Nil

carried 6/0

9 Meeting Closed

The Meeting closed at 6.22pm.

The minutes of this meeting are scheduled to be confirmed at the Ordinary Meeting of the Narrabri Shire Council held on 26 November 2019.

...................................................

CHAIRPERSON

Ordinary Council Meeting Agenda 26 November 2019

8 Mayoral Minute

8.1 Mayoral Minute - Mayoral Appointments for October/November 2019

Responsible Officer: Catherine Redding, Mayor

Author: Delece Hartnett, Personal Assistant to GM & Mayor

Attachments: Nil

Recommendation

1. That Council note the Mayoral Appointments for the period October/November 2019.

MAYORAL MINUTE

For the information of Councillors, I provide details of my Mayoral appointments and attendances between the dates (onwards from last Council Meeting) as follows:

Thursday 17 October 2019

· Attended quarterly update meeting with Mr David Quirk – Mehi Cluster General Manager (Hunter New England Health). Cr Loder and Cr Booby were also in attendance at this meeting as Local Health Area Committee delegates.

· Attended Extraordinary Council Meeting in Boggabri to discuss the Vickery Mine VPA, and resolve same. Councillors and Senior Staff were also in attendance at this meeting at the Boggabri Golf Club.

Friday 18 October 2019

· Invited to and attended Multicultural Morning Tea at Narrabri Public School with current and potential students of the school with their parents and teaching staff at the School.

· Hosted meeting with NSW Minister for Education, Ms Sarah Mitchell, to discuss the potential for further educational facilities within Narrabri Shire.

Monday 21 October 2019

· Attended October 2019 Ordinary Council Meeting, with Councillors and senior staff also in attendance.

· Attended an evening meeting in Wee Waa for the ‘recruitment’ of a Wee Waa GP/VMO with Mr David Quirk - Mehi Cluster General Manager (Hunter New England Health), and various members of the Wee Waa Community to discuss an action plan for attraction of GP’s to Wee Waa.

Tuesday 22 October 2019

· Attended Inland Rail Benefits meeting with ARTC consultant, Mr Colin Bettles.

Monday 28 October 2019

· Cr Loder attended the Manchester Unity Conference, on behalf of the Mayor, to welcome attending guests of the association to our Shire.

Thursday 30 October 2019

· Travelled to Sydney for Country Mayor’s Association Meeting in Sydney the following day.

· Cr Staines attended the Manchester Unity (Conference) evening dinner, on behalf of the Mayor, as the conclusion of their conference in the Narrabri Shire.

Friday 1 November 2019

· Attended the Country Mayor’s Association Ordinary Meeting, and also the Annual General Meeting (and last meeting for 2019) in Sydney, with the General Manager also in attendance.

Monday 4 November 2019

· Hosted the AR Bluett Memorial Award Plaque unveiling ceremony and also the Stephen Ward Scholarship announcement at the Administration Building. Ms Tara McCarthy – Chief Executive from LGNSW, and Cr Kneale, Cr Staines, Cr Campbell and Senior Staff were also in attendance.

· Attended the ‘Have your Say Information Session’ at the Crossing Theatre on the Draft Namoi Surface Water Resource Plan, organised by the Department of Industry – Water.

Tuesday 5 November 2019

· Attended photo placement with Federation Farm Committee Members regarding the formal signing of the Share farming Agreement.

· Attended November 2019 Councillor Briefing/Workshop day, with Councillors and senior staff also in attendance.

Thursday 7 November 2019

· Attended New England Joint Organisation (NEJO) Road Network meeting in conjunction with consultation from NEJO Member Councils.

· Attended Santos (representative) meeting to discuss progress within the Gas Community Benefits Fund.

Monday 11 – Friday 15 November 2019

· Travelled to and attended the Country University Centre Symposium with Centre Manager, Cathy Walters.

· Deputy Mayor, Cr Cameron Staines, attended the Remembrance Day ceremony on Monday 11 November 2019 at the Narrabri RSL Club, as Council’s delegate, as invited by the Narrabri RSL Sub-Branch Committee.

Thursday 14 November 2019

· Deputy Mayor Cr Staines chaired the November 2019 Extraordinary Council Meeting, with Councillors and Senior Staff also in attendance.

Monday 18 November 2019

· Meeting with NEJO Executive Officer to cover specific operational ‘Member Council’ opportunities for Narrabri Shire Council.

Tuesday 19 – Friday 22 November 2019

· Attended SWITCH Annual NSW Library Association Conference in Penrith with Cr Booby also in attendance, as the Council delegate for this Committee.

Access and Inclusion Advisory Committee Meeting Minutes 2 October 2019

MINUTES OF narrabri shire council
Access and Inclusion Advisory Committee Meeting
HELD AT THE Narrabri Shire Council, 46-48 Maitland Street, Narrabri
ON Wednesday, 2 October 2019 AT 5.30 pm

PRESENT: Cr Ann Loder, Mayor Cr Cathy Redding, NSW Health Representative Margo Carberry, Interagency Representative Nicola O’Neill, Community Member Kylie Mullen, Community Development Officer Jane Linehan, Tourism Manager Penny Jobling

IN ATTENDANCE: Library Manager Jenny Campbell

1 Opening and Welcome

2 Apologies/Granting of Leave of Absences

Community Representative Paul Robinson, Cr Cameron Staines, Cr Ron Campbell, Director Corporate Services Lindsay Mason

3 Confirmation of Minutes

Minute AAICC-014/2019

Moved: NSW Health Representative Margo Carberry Seconded: Interagency Representative Nicola O'Neill

Minutes of Access and Inclusion Advisory Committee Meeting held on 12 June 2019 as circularised be confirmed.

Carried

4 Reports

4.1 Presentation 1: Manager, Library Services - Improve Library Services that promote Access and Inclusion across the Shire.

Minute AAICC-015/2019

Moved: NSW Health Representative Margo Carberry Seconded: Interagency Representative Nicola O'Neill

1. The Committee note the presentation as presented by Manager, Library Services.

Carried

4.2 Disability Inclusion Action Plan 2017 / 2021 Action Table Update

Minute AAICC-016/2019

Moved: NSW Health Representative Margo Carberry Seconded: Community Member Kylie Mullen

The Committee accept the Disability Inclusion Action Plan 2017 / 2021 Action Table Updates as presented and that the Community Development Officer follow up on Action 1.3.4.11 – Council to encourage and support people with a disability to apply for positions at Council with the relevant responsible officer to see why this action is on hold, and report back at next meeting.

Carried

Minute AAICC-017/2019

Moved: NSW Health Representative Margo Carberry Seconded: Community Member Kylie Mullen

Invite HR Manager to the November meeting to address the Committee regarding council’s plan in relation to this Action and other HR initiatives to do with making council employment more inclusive.

Carried

4.3 Easy Read Disability Inclusion Action Plan

Minute AAICC-018/2019

Moved: Community Member Kylie Mullen Seconded: Interagency Representative Nicola O'Neill

1. The Committee endorse the new ‘branded’ Easy Read version of the Disability Inclusion Action Plan 2017 – 2021 to be available to the community.

Carried

4.4 Update on the 'Access at a Glance' project

Recommendation

1. The Committee endorse a way forward for the ‘Access at a Glance’ project.

Council’s Community Development Officer addressed the committee with the plan to carry out ‘mini audits’ of Council facilities and present results back to the Committee when audits are complete. Mini audits will commence prior to presenting to Narrabri Chamber of Commerce on 12 November 2019 to provide insight to what is involved in the audits and to demonstrate Council’s commitment to the project and ensuring accessible facilities. The committee agreed this was a good way forward and have asked that we invite the community to participate in the audit to identify accessibility issues to Council facilities.

4.5 Manager, BEST Employment and Community Representative for the Interagency Group address the Committee regarding new initiative from Narrabri Interagency group for a Community Connect Day

Minute AAICC-019/2019

Moved: Community Member Kylie Mullen Seconded: NSW Health Representative Margo Carberry

1. The Committee decide whether supporting an event in Narrabri is within their scope as the Access and Inclusion Advisory Committee.

The Committee felt that Narrabri hosting a Community Connect Day in October 2020 sits within the scope of this committee as our Objective 1.3 is that ‘Our communities will be provided with facilities and services to increase social connectivity and accessibility’ and our Strategy 1.3.4 to ‘Continually improve access to community facilities and services across the Shire’. Nicky said it would bring the community together and build their spirit as well as increasing local awareness. It would be a good way for business to showcase their services and promote an inclusive community.

Carried

4.6 Pedestrian Access and Mobility Plan

Minute AAICC-020/2019

Moved: Interagency Representative Nicola O'Neill Seconded: NSW Health Representative Margo Carberry

The Committee agree to invite the Design Services Manager and Community Facilities Manager to attend the next meeting to discuss issues relating to access and proposed Capital Works items to improve accessibility around the Shire townships and provide their written responses to the Design Services Manager by next meeting.

Carried

4.7 Access and Inclusion Survey on minority groups across the Narrabri Shire region area

Recommendation

1. The Committee review the draft survey and provide any comments or suggestions.

4.8 National Disability Insurance Scheme representative to attend next meeting to discuss local service providers

Recommendation

Community Development Officer invite a representative from the National Disability Insurance Service to attend the meeting and discuss local service availability.

5 Next Meeting

Wednesday 27 November 2019

6 Meeting Closed

The Meeting closed at 7:09 pm.

The minutes of this meeting were confirmed at the Access and Inclusion Advisory Committee Meeting held on 27 November 2019.

...................................................

CHAIRPERSON

Ordinary Council Meeting Agenda 26 November 2019

12.1 Narrabri Gas Project

Responsible Officer: Daniel Boyce, Executive Manager Planning and Environment

Author: Daniel Boyce, Director Development and Economic Growth

Attachments: 1. Council Response to RTS (under separate cover) ⇨

2. Council Response to Supplementary RTS (under separate cover) ⇨

3. Santos Response to Council Response to Supplementary RTS ⇩

4. Draft Submission (26 November 2019) ⇩

Delivery Program Alignment

2. Environment
Objective	2.4 The impacts of extractive industries on the environment will be minimised
Strategy	2.4.4 Potential environmental and community impacts are minimised through thorough assessment and independent monitoring

Executive Summary

This report provides an update on the status of the Narrabri Gas Project.

Council made a submission in response to the NGP Environmental Impact Statement in May 2017 and Santos provided a response to submissions (“RTS”) which Council responded to in May 2018 (Attachment 1).

Santos provided a supplementary RTS in April 2019 which Council Staff responded to on 14 May 2019 (Attachment 2).

The outstanding issues as at 14 May 2019 were:

· Monitoring of natural gas wells and gathering lines.

· Rehabilitation fund.

· Road maintenance agreement.

· Social impacts on vulnerable groups.

· Capacity of local waste facilities for waste salt.

A further response was provided by Santos on 16 October 2019 (Attachment 3) addressing the above outstanding issues.

The Santos response satisfies, as far as is possible, the intent of Council’s submission. The NSW Government will need to satisfy itself as to certain matters during the assessment process and apply appropriate conditions of consent to satisfy Council’s submission.

Council can now make a further submission to the NSW Government to update them on the outstanding issues relating to the Narrabri Gas Project.

Recommendation

That Council adopt the attached draft submission on the Narrabri Gas Project and submit the document to the New South Wales Government.

Background

The Narrabri Gas Project (“NGP”) involves the progressive development of a coal seam gas field comprising up to 850 gas wells on up to 425 well pads over 20 years, and the construction and operation of gas processing and water treatment facilities.

The NGP is State significant development and the Independent Planning Commission (“IPC”) is the consent authority because there have been 25 or more public objections to the application with the assessment being carried out by the Department of Planning and Environment (“DPE”).

Santos provided a supplementary RTS in April 2019 which Council Staff responded to on 14 May 2019 (Attachment 2).

The following matters were outstanding as at 14 May 2019 (Attachment 2) (“Outstanding Issues”):

· Monitoring of natural gas wells and gathering lines

· Rehabilitation fund

· Road maintenance agreement

· Social impacts on vulnerable groups

· Capacity of local waste facilities for waste salt

Current Situation

A further response to the Outstanding Issues was provided by Santos on 16 October 2019 (Attachment 3).

Monitoring of natural gas wells and gathering lines

The Chief Scientist and Engineer concluded that the NSW Code of Practice for Coal Seam Gas – Well Integrity is “in line with international best practice” (p. 12) and that “…a conclusion can be drawn that if wells are properly designed, installed and maintained, the risk of long-term leakage from CSG wells from both the casing and cement can be considered to be minimal,…” (NSW Chief Scientist & Engineer, 2014, p. 5).

Professor O’Kane did however acknowledge “…no long-term studies could be found dealing specifically with deterioration of CSG wells…” (NSW Chief Scientist & Engineer, 2014, p. 5) and that “there is scope for additional research specifically to assess the impact of abandoned CSG wells over extended timeframes.” (NSW Chief Scientist & Engineer, 2014, p. 5).

The NSW Chief Scientist and Engineer further concluded that “…if the integrity of these wells is compromised at any stage during construction, operation or after abandonment, they have the potential to affect the environment adversely, mainly in the form of either contamination of subsurface water systems or via fugitive methane emissions.” (NSW Chief Scientist & Engineer, 2014, p. 12)

Council has consistently advocated the adoption of the precautionary principle in relation to mining projects. Given the absence of long-term studies on deterioration of CSG wells Council has asked for ongoing monitoring overseen a public authority.

Council is of the view that the precautionary principle should be applied in this matter and indefinite monitoring of decommissioned coal seam gas wells by a public authority should be required until there is a sufficient body of evidence by way of long-term studies to conclude that the risk of contamination of water resource aquifers is negligible (Page 5 NSC Response to RTS).

Santos has committed to engaging an independent third party (such as CSIRO) to conduct a study into the decommission wells (Attachment 3). Council can expand its position on this matter to acknowledge that this is the first step to developing “a sufficient body of evidence by way of long-term studies to conclude that the risk of contamination of water resource aquifers is negligible.”

The Santos response satisfies, as far as it is possible for a Proponent to do so, the intent of Council’s submission. The NSW Government will need to apply appropriate conditions of consent to satisfy Council’s submission.

Council may wish to make the following submission to the NSW Government:

1. That, if the NGP is determined by way of approval, a condition of consent be applied requiring:

a. That a long-term study dealing specifically with deterioration of CSG wells and assessing the impact of abandoned CSG wells over extended timeframes be undertaken to the satisfaction of the NSW Chief Scientist & Engineer.

b. That the Proponent pay for independent third-party monitoring of decommissioned coal seam gas wells.

c. That the monitoring be overseen by the EPA and results published on the EPA website.

d. That the requirement for monitoring continue until the NSW Chief Scientist & Engineer is satisfied, on the basis of evidence provided by a long-term study dealing specifically with deterioration of CSG wells and assessing the impact of abandoned CSG wells over extended timeframes, that the risk of contamination of water resource aquifers is negligible.

Reason: To ensure that decommissioned coal seam gas wells do not contaminate water resource aquifers.

Rehabilitation fund

The NSW Chief Scientist and Engineer recommended, “…potential adoption of a 3-layered policy of security deposits, enhanced insurance coverage and an environmental rehabilitation fund administered by government.” (NSW Chief Scientist & Engineer, 2014b, p.8)

The NSW Chief Scientist and Engineer further recommended, “That Government consider a robust and comprehensive policy of appropriate insurance and environmental risk coverage of the CSG industry to ensure financial protection short and long term. Government should examine the potential adoption of a three-layered policy of security deposits, enhanced insurance coverage, and an environmental rehabilitation fund.” (NSW Chief Scientist & Engineer, 2014c, p.13)

Along with the monitoring of CSG wells, a “three-layered policy of security deposits, enhanced insurance coverage, and an environmental rehabilitation fund” continues the adoption of the precautionary principle by Council.

Santos advised that a policy framework addressing the above recommendation of the NSW Chief Scientist and Engineer is currently being developed by the NSW Government (Attachment 3).

Council may wish to make the following submission to the NSW Government:

2. That, if the NGP is determined by way of approval, a condition of consent be applied requiring:

a. The application of a three-layered policy of security deposits, enhanced insurance coverage, and an environmental rehabilitation fund or an alternative to the satisfaction of the NSW Chief Scientist & Engineer.

b. Publication of details of the financial assurance that the State will hold to cover the cost of on-site and off-site remediation and rehabilitation in the event of sudden accidental pollution and from unforeseen and long term impacts of the Project including groundwater contamination, including an explanation of the methodology used to determine that this amount is sufficient to ensure that no costs are passed on to the Public.

Reason: To ensure that the State holds sufficient financial assurance to cover the cost of rehabilitation and the Public are protected in the event of sudden accidental pollution caused by the Project and from unforeseen and long-term impacts of the Project.

Road maintenance agreement

Santos does not dispute that the Project will result in increased traffic generation despite concluding that roads are generally expected “…to operate within … functional classification under the ultimate peak traffic scenario for the project.” (Santos NSW (Eastern) Pty Ltd, 2018, p. 5-143-144).

In September 2014 the NSW Chief Scientist and Engineer recommended, “That Government investigate … funding (derived from the fees and levies paid by CSG companies) for local councils to enable them to fund, in a transparent manner, infrastructure and repairs required as a consequence of the CSG industry.” (NSW Chief Scientist & Engineer, 2014c, p. 12).

Santos advised that it will enter into a Road maintenance agreement with Council (Attachment 3).

As these discussions continue Council may wish to make the following submission to the NSW Government:

3. That, if the NGP is determined by way of approval, a condition of consent be applied requiring:

a. That the Proponent be required to enter into a road maintenance agreement with Narrabri Shire Council.

b. That an appropriate road maintenance contribution be applied under Section 7.11 of the EP&A Act.

Reason: To ensure the Narrabri Shire community is not unfairly burdened by maintenance of road infrastructure as a result of the Project.

Social impacts on vulnerable groups

The Proponent acknowledges “The potential for localised inequality in the distribution of potential socio-economic benefits or impacts...” (Santos NSW (Eastern) Pty Ltd, 2018, p. 5-145).

According to the Proponent, “Social impact monitoring would be undertaken in line with the proponent’s Social Impact Management Plan.” Investment in social infrastructure and services will be provided through “…the Gas Community Benefit Fund…” (Santos NSW (Eastern) Pty Ltd, 2018, p. 5-145).

Council is of the view that the Gas Community Benefit Funds should not be used to provide essential services and infrastructure but rather support improved economic and social outcomes for the community so that the people of Narrabri benefit from the Project not merely maintain the status quo.

Santos advised that it will enter into a voluntary planning agreement (“VPA”) with Council (Attachment 3). The Gas Community Benefit Fund will occur separate to the VPA.

The Santos response satisfies, as far as it is possible for a Proponent to do so, the intent of Council’s submission. The NSW Government will need to ensure that VPA processes are concluded prior to the determination of the NGP to satisfy Council’s submission.

As these discussions continue Council may wish to make the following submission to the NSW Government:

4. That, prior to the determination to the NGP, the Proponent be required to enter into a VPA with Council that reflects the socio-economic impacts in, and immediately around, the locality and provides a lasting net economic benefit to the locality, the wider Narrabri Shire.

Capacity of local waste facilities for waste salt

The EPA requested “… on the facilities to be utilised for waste salt disposal and their long-term capacity to accept it. It also recommended that information be provided on contingency planning in the event that licensed facilities within 150 kilometres of the project be unable to accept waste salt.” (Santos NSW (Eastern) Pty Ltd, 2018, p. 5-68).

Santos has identified six facilities to be utilised for waste salt disposal within 150 km of the Project and reiterated its commitment to pursuing beneficial reuse of waste salt as the preferred option (Attachment 3). Santos has also clarified that none of the facilities are within the Narrabri Shire.

The Santos response satisfies, as far as it is possible for a Proponent to do so, the intent of Council’s submission. The NSW Government will need to satisfy itself as to certain matters during the assessment of the NGP to satisfy Council’s submission.

Council can be satisfied that the disposal of waste salt will not impact the community, however, may wish to retain its current position:

5. That the EPA satisfies itself that the facilities to be utilised for waste salt disposal have long-term capacity to accept it and adequate contingency planning is in place for disposal of waste salt.

A draft submission (Attachment 4) has been prepared in accordance with the above report.

References

NSW Chief Scientist & Engineer (2014a). Independent Review of Coal Seam Gas Activities in NSW. Information paper: Abandoned wells.

NSW Chief Scientist & Engineer (2014b). Environmental risk & responsibility and insurance arrangements for the NSW CSG industry.

NSW Chief Scientist & Engineer (2014c). Final Report of the Independent Review of Coal Seam Gas Activities in NSW.

Santos NSW (Eastern) Pty Ltd (2018). Narrabri Gas Project Response to Submissions Report Part A.

Financial Implications

Nil.

Statutory and Policy Implications

Council submissions have been prepared in accordance with Council’s Extractive Industries Policy.

Consultation

External Consultation

People for the Plains Environmental Group and various NSW Government Agencies were consulted in the preparation of Council’s in response to the NGP Environmental Impact Statement in May 2017.

People for the Plains Environmental Group met with Council Staff in October 2019.

Internal Consultation

Internal consultation was undertaken with the Infrastructure Delivery Directorate in the preparation of Council’s in the preparation of Council’s in response to the NGP Environmental Impact Statement in May 2017.

Council resolved to make the submission in response to the NGP Environmental Impact Statement in May 2017 and the submission responding to the Santos RTS in May 2018.

Council received an update on the submission responding to the Santos Supplementary RTS in June 2019.

Ordinary Council Meeting Agenda 26 November 2019

12.11 Investment Report - October 2019

Responsible Officer: Jenny Campbell, Director Corporate Services

Author: Samantha Ratley, Senior Finance Officer

Attachments: Nil

Delivery Program Alignment

4 Leadership
Objective	4.4 Our strategic goals will be achieved through transparent and accountable planning and reporting
Strategy	4.4.3 Report in a clear, concise manner that is easily understood

Executive Summary

Council is required to consider a report on its investments in accordance with clause 212 of the Local Government (General) Regulation 2005.

During the month:

· Three (3) investments matured, totalling $6 million.

· Three (3) new investments were placed, totalling $5 million.

Council’s Responsible Accounting Officer has certified that Council’s investments are in accordance with requirements.

Recommendation

1. That Council note the Investment Report for October 2019.

Background

Council is required to consider a report on its investments in accordance with clause 212 of the Local Government (General) Regulation 2005.

Current Situation

The following is a summary of investment movements for October 2019:

Investments maturing during the month:

· 02/10/2019 AMP $2,000,000 210 days @ 2.80%

· 16/10/2019 NAB $3,000,000 369 days @ 2.75%

· 16/10/2019 BOQ $1,000,000 209 days @ 2.68%

New investments secured during the month:

· 16/10/2019 NAB $3,000,000 182 days @ 1.59%

· 16/10/2019 ME Bank $1,000,000 273 days @ 1.58%

· 16/10/2019 BOQ $1,000,000 364 days @ 1.53%

Investment Rate Summary for September 2019

Average Interest Rate on Investments: 2.21%

Weighted Average Interest Rate on Investments 2.22%

Council’s Benchmarks

Bank Bill Swap Rate (BBSW) 90 day index (30/09/2019)^{^[1]} 0.92%

Average 11am Cash Rate 0.75%

Financial Implications

The interest income for the month:

General Fund $53,748

Externally Restricted Funds $25,000

Water Fund $8,733

Sewer Fund $9,458

Total Interest Income $96,939

Statutory and Policy Implications

Clause 212 of the Local Government (General) Regulation 2005 requires Council’s Responsible Accounting Officer to provide a monthly report setting out the details of all money that the Council has invested under section 625 of the Local Government Act 1993.

It is certified that Council’s investments have been made in accordance with:

· Local Government Act 1993.

· Local Government (General) Regulation 2005.

· Ministerial Investment Order dated 12 January 2011.

· Council’s Investment Policy dated 15 August 2017.

Consultation

External Consultation

Nil.

Internal Consultation

· Responsible Accounting Officer.

Ordinary Council Meeting Agenda 26 November 2019

12.12 Narrabri West Heavy Vehicle Traffic Audit

Responsible Officer: Darren Raeck, Director Infrastructure Delivery

Author: Anthony Smetanin, Design Services Manager

Attachments: 1. Local Traffic Facilities Committee Report - 22 October 2019 ⇩

Delivery Program Alignment

4 Leadership
Objective	4.4 Our strategic goals will be achieved through transparent and accountable planning and reporting
Strategy	4.4.3 Report in a clear, concise manner that is easily understood

Executive Summary

On 24 July 2018, Council resolved (Minute 152/2018) to obtain a full twelve (12) month set of traffic data for the roads in the Narrabri West area and the findings to be presented back to the Local Traffic Facilities Committee. The purpose of this report is to present to Council the unanimous decision from the Local Traffic Facilities Committee and the results of the investigation regarding heavy vehicle traffic movements in this area.

Recommendation

1. That Council note the results of the twelve (12) month traffic audit undertaken to determine any heavy vehicle issues around the Narrabri West area (specifically Mooloobar Street, Baranbar Street and Goobar Street) and take no further action.

2. That Council note the unanimous recommendation from the Local Traffic Facilities Committee: “That the Local Traffic Facilities Committee note the results of the twelve (12) month traffic audit undertaken to determine any heavy vehicle issues around the Narrabri West area (specifically Mooloobar Street, Baranbar Street and Goobar Street) and support the determination that no further action is required.”

Background

On 24 July 2018, a copy of the Local Traffic Facilities Committee report and recommendation was presented to the Ordinary Meeting of Council. At this meeting Council resolved (Minute 152/2018);

“That Council obtain a full twelve (12) month set of traffic data from August 2018 to August 2019 with the Mooloobar Street, Baranbar Street and Goobar Street precinct under investigation, and re-present the findings back to the Local Traffic Facilities Committee for further consideration.”

As a result of the Council resolution, Council staff installed five (5) traffic counters at the same locations as those previously used for the original study. These counters were monitored and maintained for a period of twelve (12) months.

Current Situation

At the Local Traffic Facilities Committee held Tuesday 22 October 2019, a report was tabled and the Local Traffic Facilities Committee unanimously agreed;

“That the Local Traffic Facilities Committee note the results of the twelve (12) month traffic audit undertaken to determine any heavy vehicle issues around the Narrabri West area (specifically Mooloobar Street, Baranbar Street and Goobar Street) and support the determination that no further action is required.”

A copy of this report to the Local Traffic Facilities Committee has been included as an attachment to this report.

Financial Implications

Nil.

Statutory and Policy Implications

Mooloobar Street, Baranbah Street and Goobar Street are public roads owned and maintained by Narrabri Shire Council. Council has a “Duty of Care” obligation to ensure the safety of pedestrians and motorists.

In accordance with the Roads and Maritime Services (RMS) “Delegation to Councils for the Regulation of Traffic”, Council is required to seek the advice of the NSW Police and RMS via the Local Traffic Facilities Committee prior to exercising their delegated function.

Consultation

External Consultation

· Local Traffic Facilities Committee (Roads & Maritime Services, and NSW Police).

Internal Consultation

Nil.

Ordinary Council Meeting Agenda 26 November 2019

12.18 Quarterly Budget Review Statement - September 2019

Responsible Officer: Lindsay Mason, Director Corporate and Community Services

Author: Tim McClellan, Financial Services Manager

Attachments: 1. September 2019 Quarterly Budget Review Statement ⇩

Delivery Program Alignment

4. Leadership
Objective	4.2 Decision making will ensure Council remains financially sustainable
Strategy	4.2.1 Maintain and improve Council's financial sustainability with a focus on core business

Executive Summary

This report is presented to Council quarterly to revise estimates of income and expenditure in accordance with clause 203 of the Local Government (General) Regulation 2005.

This quarterly review is the first quarterly budget review completed in and on a budget prepared utilising TechnologyOne. Council staff are continuing to familiarise themselves with the new budgetary system and its functionality.

Recommendation

That Council adopt the Quarterly Budget Review Statement for the period ended 30 September 2019 as the revised Budget estimates for the year ended 30 June 2020 and the Operational Plan and Capital Works Plan be amended accordingly.

Background

The budget review statement is provided in two formats. The first being by type and reflective of how the end of year Income Statement is reported. The second being by activity as per Note 2a of the Annual Financial Statements.

Council’s Note 2a reflects the individual service plans that have been established as an additional reporting layer to the community. Pages 3 to 6 of the attachment provides the additional level of the information from the summary that appears on page 2.

A capital budget review is included on page 7 of the Quarterly Budget Review Statement attached, also reflecting individual service plan capital expenditures.

Current Situation

This review is for the quarter ending 30 September 2019 and is attached for Council consideration.

This quarterly review is the first quarterly budget review completed fully in TechnologyOne and on a budget prepared utilising the TechnologyOne budgetary system. The previous, 2018/2019 budget was prepared outside TechnologyOne. Staff are continuing to familiarise themselves with the system and its functionality.

Council originally projected an Operating Result (excluding Capital Income) surplus of $799,000. The September Quarterly Budget Review, as presented, reflects a budgeted deficit of $4,398,000.

The budget result includes an adjustment down of $3,486,000 in expectation of Council only receiving half of its annual Financial Assistance Grant income this year (untied grant funding). The Commonwealth Government prepaid the first two quarters of the 2019/20 allocation in June 2019 to improve their forward estimates position.

It is anticipated that further adjustments for wage expenses will be made in the December Quarterly Budget Review. These were not available for the completion of the report, given the commencement of the structural changes taking place on 4 November 2019.

Variations to the projected year end result as listed in the ‘Variations for this Sep Qtr’ column on page 2 of the attached Quarterly Budget Review Statement are summarised by Directorate below:

Directorate	Variation	Budget Implication
Income
General Purpose Revenue	($3,486,000)	Decrease in Operating Income
Strategic Management & Governance	$0	No Change
Corporate Services	($31,000)	Decrease in Operating Income
Development & Economic Growth	($25,000)	Increase in Operating Income
Infrastructure Delivery	($52,000)	Decrease in Operating Income
Expenditure
Strategic Management & Governance	($43,000)	Increase in Expenditure
Corporate Services	($451,000)	Increase in Expenditure
Development & Economic Growth	($385,000)	Increase in Expenditure
Infrastructure Delivery	($724,000)	Increase in Expenditure

Result Variation (incl. Capital Income)	($5,197,000)
Result Variation (excl. Capital Income)	($5,197,000)	Worse Net Operating Result

The capital budget on page 7 of Quarterly Budget Review Statement shows a net decrease in the expected cost of Capital Works of $4,000. The decrease can largely be attributed to the following:

· Corporate Information System $75,000

· Replace Access Control System at Admin Building $42,000

· Replace Council Chambers Sound System $25,000

· New Airport Terminal Design $40,000

· Revised Plant Replacement Program (reduction) ($295,000)

· Commencement of Old Turrawan Road project $115,000

· Other minor adjustments (reduction) ($6,000)

Financial Implications

The major variations (greater than $10,000) are detailed below:

General Purpose Revenue (net decrease in operating income of $3,486,000) for the Financial Assistance Grant adjustment as detailed above.

Strategic Management & Governance Expenditure (net increase in expenditure of $43,000)

Strategic Management & Governance

· Governance - Council’s Community Assistance Program was amalgamated with $30,000 from Community Development to make a combined total program of $72,000.

Corporate Services Revenue (net decrease in operating income of $31,000)

Airport Services

· Minor income revisions resulting in a reduction of $22,000.

The Crossing Theatre

· Minor income revisions resulting in a reduction of $13,000.

Corporate Services Expenditure (net increase in expenditure of $451,000)

Community & Customer Relations

· There have been additional positions added to this section; including a Graphic Design position; additional budget of $416,000. This section will undergo further review as part of the December Quarter Budget Review.

Information Services

· Additional budget of $53,000 for managed software support and systems maintenance.

Property Services

· Net savings of $56,000, largely from Public Liability and Property insurance premiums being less than budgeted.

The Crossing Theatre

· Additional budget of $21,000 for employment of casual staff.

Libraries

· Allowing for backpays to library staff of $18,000.

Development and Economic Growth Revenue (net decrease in operating income of $25,000)

Saleyards

· Minor positive income adjustments of $10,000.

Tourism

· Expected grants of $40,000 for Nosh Narrabri and general events have been withdrawn.

· Minor positive income adjustments of $5,000.

Development and Economic Growth Expenditure (net increase in expenditure of $385,000)

Economic Development Services

· A budget has been established in Economic Development of $420,000 for the Northern NSW Inland Port (N2IP) operating costs. This will be funded from the internal restriction Strategic Project Master Planning.

· Community Development - Employee costs reduced by $43,000 and $30,000 transferred to Governance to amalgamate the Community Assistance Program.

· Grants Administration - marketing and legal costs reduced by $11,000.

Cemeteries

· Additional plant hire costs of $31,000.

Swimming Pools

· Additional electricity costs for Wee Waa Pool of $15,000.

Tourism Services

· Additional consultancy costs of $10,000.

Infrastructure Delivery Income (net decrease in operating income of $52,000)

Water Services

· Interest from investments reduced by $36,000 based on current interest rates and the reduced level of available funds for investment.

Sewerage Services

· Interest from investments reduced by $16,000 based on current interest rates and the reduced level of available funds for investment.

Infrastructure Delivery Expenditure (net increase in operating expenditure of $724,000)

Fleet Management

· Correcting an error from during the original budget process when a number of expenses ($405,000) were omitted.

Water Services

· Establishing a budget of $20,000 for the Water Connections Downsizing project as per Council resolution (Minute 145/2019).

Sewerage Services

· Addition budget of $280,000 for routine repairs and maintenance.

Capital Expenditure Budget (net decrease in expenditure of $4,000)

The major adjustments are listed previously in this report. All adjustments made to capital works are also listed in individual Service Plan reviews, with updated commentary, included in the Operational Plan Review (the subject of a separate report in this business paper).

Statutory and Policy Implications

A quarterly budget review is required under the Local Government (General) Regulation 2005, clause 203.

Consultation

External Consultation

Nil.

Internal Consultation

· Executive and senior management.

Ordinary Council Meeting Agenda 26 November 2019

12.19 Vickery Voluntary Planning Agreement

Responsible Officer: Daniel Boyce, Executive Manager Planning and Environment

Author: Daniel Boyce, Executive Manager Planning and Environment

Attachments: 1. Whitehaven VPA Offer dated 14 November 2019 ⇩

Delivery Program Alignment

4 Leadership
Objective	4.3 Infrastructure and service delivery will provide public value for the community
Strategy	4.3.1 Develop and integrate a methodology that measures and reports to communities on equitable distribution of Council funding

Executive Summary

The Vickery Coal Mine, Vickery Extension Project (“Vickery”) proposes to extract annual run-of-mine (“ROM”) coal from the open cut at an average rate of 7.2 million tonnes per annum (“Mtpa”) over 25 years, with a peak production of up to approximately 10 Mtpa. The estimated total resource is 179 million tonnes (“Mt”).

The proponent has offered to enter into a voluntary planning agreement (“VPA”) with Council.

At it’s Extraordinary Council Meeting held in Boggabri on Thursday 17 October 2019, Narrabri Shire Council unanimously resolved to request a revised VPA offer in the amount of $14.87 million.

Whitehaven Coal responded (Attachment 1) with an offer of a $3.2m one-off upfront payment upon commencement of construction, consisting of the following contributions:

· Upgrade to the Boggabri Pool - $500,000

· Community meeting space - $500,000

· Retirement units in Boggabri - $850,000

· Merton Street Streetscape Project - $500,000

· Showground improvements - $750,000

· Contribution to a community development role for Boggabri - $100,000.

Alternatively, Whitehaven are open to considering providing a contribution in-kind, via the transfer of land in Boggabri currently owned by Whitehaven to Council at market rates, to support the future development of an industrial estate by Council.

Council must consider this offer.

It is the view of Staff that the VPA offer:

· Does not meet the Council endorsed objectives for a planning agreement concerning the Vickery Mine Extension project.

· Is not fair and reasonable considering the impacts of the mine on the local community.

· Accepting the VPA offer is not in the Public Interest.

Recommendation

1. That Council reject the current Vickery Mine Extension VPA offer, for the following reasons:

a. It does not meet the Council endorsed objectives for a planning agreement concerning the Vickery Mine Extension project.

b. It is not fair and reasonable considering the impacts of the mine on the local community.

c. Accepting the VPA offer is not in the Public Interest.

2. That Council write to the NSW Government and advise them of the status of the VPA negotiations and request independent arbitration.

3. That Council write to the Independent Planning Commission and request that they defer the determination of the Project until the independent arbitration has been concluded.

Background

The proponent has offered to enter into a voluntary planning agreement (“VPA”) with Council.

VPA Legislation and Guidelines

Section 7.4 of the Environmental Planning & Assessment Act 1979 (“EPA Act”) enables VPAs to be made as part of inter alia Development Applications (“DA”). The VPA can:

· require the developer to dedicate land free of cost;

· pay a monetary contribution;

· provide any other material public benefit; or

· any combination of the above, providing it is used for or applied towards a public purpose.

A public purpose is outlined by the EPA Act to include (without limitation):

(a) the provision of (or the recoupment of the cost of providing) public amenities or public services,

(b) the provision of (or the recoupment of the cost of providing) affordable housing,

(c) the provision of (or the recoupment of the cost of providing) transport or other infrastructure relating to land,

(d) the funding of recurrent expenditure relating to the provision of public amenities or public services, affordable housing or transport or other infrastructure,

(e) the monitoring of the planning impacts of development,

(f) the conservation or enhancement of the natural environment.

The former Department of Infrastructure Planning and Natural Resources Development Contributions Practice Note (NSW Department of Infrastructure Planning and Natural Resources 2005) provides commentary on the use of VPAs. In particular the following advice is provided:

… the public interest implicated by a planning agreement may be measured in terms of the need to mitigate any adverse impacts of development on the public domain or the desirability of providing a planning benefit to the wider community (NSW Department of Infrastructure Planning and Natural Resources 2005) p.6.

… the safeguards applying to the use of planning agreements should:

· provide for a generally applicable test for determining the acceptability of a planning agreement, which embraces amongst other things concepts of reasonableness, (NSW Department of Infrastructure Planning and Natural Resources 2005) p.7.

The generally applicable acceptability test referred to above should require that planning agreements:

· are directed towards proper or legitimate planning purposes, ordinarily ascertainable from the statutory planning controls and other adopted planning policies applying to development,

· provide for public benefits that bear a relationship to development that is not de minimis (that is benefits that are not wholly unrelated to development),

· produce outcomes that meet the general values and expectations of the public and protect the overall public interest,

· provide for a reasonable means of achieving the relevant purposes and outcomes and securing the benefits, and

· protect the community against planning harm. (NSW Department of Infrastructure Planning and Natural Resources 2005) p.7.

· Further the Practice Note outlines the objective that VPAs should be directed towards achieving:

· meeting the demands created by development for new public infrastructure, amenities and services,

· prescribing the nature of development to achieve specific planning objectives,

· securing off-site planning benefits for the wider community so that development delivers a net community benefit,

· compensating for the loss of or damage to a public amenity, service, resource or asset by development through replacement, substitution, repair or regeneration (NSW Department of Infrastructure Planning and Natural Resources 2005)p.9.

The NSW Department of Planning & Environments’ Social Impact Assessment Guideline: For State Significant mining, petroleum production and extractive industry development provides commentary on the use of VPAs:

Planning agreements are voluntary and the EPA Act does not provide guidance for determining the quantum of contributions under an agreement. However, planning agreements should be commensurate with the scale and nature of the impacts on council infrastructure and services, taking into account other forms of contribution and any local benefits that the project is expected to deliver. Planning agreements may account for both the direct and indirect impacts of a resource project on a community, and may also relate to impacts on the social fabric of the community (NSW Department of Planning & Environment 2017)p.46.

The NSW Government also prepared Planning Agreement Guidelines: For State Significant Mining Projects. It is understood that these guidelines were only issued in draft; however, they provide guiding principles for VPA negotiations for mining projects.

· Principle 1: Negotiations are entered into early and in good faith by all parties to the agreement, with all parties focused on delivering a planning agreement that is timely and follows best practice process

· Principle 2: The value of any contributions under a proposed planning agreement must be fair and reasonable, considering the impacts of the mine on the local community.

· Principle 3: Planning agreement negotiations reflect the priorities of the community, as outlined in council community strategic plans, and addresses impacts on the community over the life of the project.

· Principle 4: The implementation of a planning agreement is transparent and accountable, and the final planning agreement is made available to the public (NSW Government n.d.)pp.10-11.

Vickery VPA negotiations

Council has had a number of interactions with Whitehaven Coal regarding a VPA (Table 1) and rejected the third VPA offer from Whitehaven Coal of $2.712m following strong community sentiment at community engagement sessions on 11 September 2019 and because it did not meet the Council endorsed objectives.

Project	Date	Amount	Decision	Minute
Vickery Coal Project	Sept 2014	$2.25m	Agreed	MINUTE 561/2014
Vickery Extension Project	Aug 2017	$3.069m	Rejected	MINUTE 039/2019
Vickery Extension Project	April 2019	$2.712m	Rejected	MINUTE 232/2019
Vickery Extension Project	Nov 2019	$3.2m	TBD	N/A

Table 1 VPA Offers Vickery Coal Project and Vickery Extension Project

Current Situation

Whitehaven Coal’s latest offer (Attachment 1) is a $3.2m one-off payment, consisting of the following contributions:

· Upgrade to the Boggabri Pool - $500,000

· Community meeting space - $500,000

· Retirement units in Boggabri - $850,000

· Merton Street Streetscape Project - $500,000

· Showground improvements - $750,000

· Contribution to a community development role for Boggabri - $100,000.

VPA objectives

The Council endorsed objectives for a planning agreement associated with Vickery are to:

1. Meet the demands created by the Project for new public infrastructure, amenities and services;

2. Secure off-site planning benefits for the wider community so that the Project delivers a net community benefit;

3. Compensate for the loss of or damage to a public amenity, service, resource or asset by development through replacement, substitution, repair or regeneration.

Meet the demands created by the Project for new public infrastructure, amenities and services

The EIS has stated that the development would result in the following employment generation:

During Construction:

· approximately 500 full time equivalent personnel

· majority of the construction workforce would be non-local hire

· 90% of the construction workforce is to be housed in the Boggabri Accommodation Camp.

During Operation:

· approximately 450 full time equivalent personnel

· assumed 70% local hire (315 people)

· assumed 21% of the workforce would reside in Boggabri (94.5 people)

· assumed 13% of the workforce would reside in Narrabri (58.5 people)

Narrabri LGA is identified as an “importer” of mining workers in the Social Impact Assessment (SIA) provided with the EIS. It would seem unlikely that 94.5 people, forming part of the workforce, would be sourced from Boggabri having an existing population of approximately 850. Therefore, it would seem likely that these 94.5 people would be relocating to Boggabri and likewise for Narrabri. The EIS states:

Whitehaven’s existing personnel include long term local residents, new local residents who have moved to the area as a result of employment and personnel who rent local houses, including Whitehaven-owned houses, and return to their home bases on weekends. Short term contractors are accommodated in the Civeo Villages in Boggabri and Narrabri.

Whitehaven is committed to employing a local workforce, and most of the Project’s operational personnel are expected to be drawn from the Narrabri and Gunnedah LGAs, or to move to the local area on a permanent basis, with some buying and some renting dwellings. If rental housing stocks are inadequate for demand when operations commence, non-local personnel would be accommodated in the Civeo Accommodation Village until such time as housing is available.

It is not clear how the additional required accommodation would be provided in Boggabri and to a lesser extent in Narrabri.

The increase in demand for accommodation would likely increase housing prices and may adversely impact locals who are not earning mining wages both in terms of rental availability, cost and purchases of property.

The proponent concedes that “significant changes to gender balance in smaller communities are likely to occur…during the construction period” (p170, RTS). In the absence of additional social and community infrastructure to cope with the influx of construction workers, it is likely that the community of Boggabri will bear the social costs of this project.

A community needs assessment report, prepared by an independent consultant would better establish the exact demand for “new public infrastructure, amenities and services” based on the potential population impacts.

It is a far simpler process to quantify the impacts of the projects on local road infrastructure. In its submission to the IPC dated 11 February 2019, Council suggested that the transport route put forward by the Proponent was fundamentally flawed. Council’s view as articulated in the submission is that legal and practical access should be via Braymont Road and that the Proponent should upgrade this route.

Council preliminary estimates for the capital cost of upgrading the Braymont Road route are $7,467,500 with recurrent costs of $1,690,000 or $67,600 per annum.

The VPA offer does not address the estimated costs of upgrading the logical transport route via Braymont Road. Council is in no doubt that this route will be used in spite of conditions making this unlawful. This creates a perverse situation whereby the proponent derives significant economic benefits in the short to medium term, at the expense of future generations of ratepayers over the long-term.

Council has written to the Independent Planning Commission requiring the upgrade of Braymont Road or a contribution of $7,467,500 and annual contribution of $67,600 (subject to CPI).

Secure off-site planning benefits for the wider community so that the Project delivers a net community benefit

The community identified a number of projects that will provide some of the requisite community benefit for the Project. The corresponding Whitehaven offer is included in Table 2.

Project	Whitehaven Offer
An industrial subdivision and development in Boggabri	$0
An upgrade to the Boggabri Pool	$500,000
A community meeting and multi-purpose space (incl. sport)	$500,000
Retirement units in Boggabri	$850,000
Main street improvements	$500,000
Riverbank embellishments	$0
Showground embellishments	$750,000
A contribution to a community development role in Boggabri	$100,000
A contribution to a mining planner	$0
Total	$3,200,000

Table 2 Community Projects and Whitehaven proposed VPA contributions

In isolation of the impacts on road infrastructure and other public infrastructure the VPA offer of $3.2 million provides a net community benefit, however, it is extremely questionable whether this is sufficient over the life of the mine.

Compensate for the loss of or damage to a public amenity, service, resource or asset by development through replacement, substitution, repair or regeneration.

The VPA offer of $3.2 million does not provide any compensation to the Boggabri community impacts from the Project.

The VPA offer does not meet the Council endorsed objectives for a planning agreement associated with Vickery.

Is acceptance of the VPA offer in the Public Interest?

Because the VPA offer does not meet the Council endorsed objectives for a planning agreement associated with Vickery it follows that the VPA offer is not in the Public Interest.

According to the DPE Draft Practice Note on Planning Agreements (2016):

“A critical consideration in whether to enter into a planning agreement is whether the agreement is in the public interest.

In some cases, the public interest may be measured in terms of the need to mitigate any adverse impacts of development on the public domain or the desirability of providing a planning benefit to the wider community.” (p. 8)

In the case of the Project, there is both a need to “mitigate” impacts and provide a net community “benefit” to Boggabri in particular, with the EIS (Appendix R) concluding, “…Boggabri, to date, had not experienced the same level of benefits that Gunnedah and Narrabri had experienced as a result of the region’s existing mining operations.” (p. 7).

Financial Implications

Currently Whitehaven Coal have provided Council a VPA offer of $3.2 million.

In rejecting the offer Council may not reach an agreed VPA with Whitehaven Coal.

Statutory and Policy Implications

The Environmental Planning and Assessment Act 1979 provides the statutory framework for planning agreements.

The Environmental Planning and Assessment Regulation 2000 (“EPA Regulation”) provides a framework for planning agreements. The EPA Regulation outlines the procedural requirements for the use of planning agreements as well as the making, amending and revocation of planning agreements and the public notice of planning agreements.

Consultation

External Consultation

Around thirty (30) members of the Boggabri community attended three community engagement sessions on 11 September 2019.

Internal Consultation

· Director Infrastructure Delivery.

1 Society
Objective	1.3 Our communities will be provided with facilities and services to increase social connectivity and accessibility
Strategy	1.3.4 Continually improve access to community facilities and services across the Shire

1 Society
Objective	1.1 Community health, safety and support services will adequately meet changing community needs
Strategy	1.1.2 Maximise community safety through the implementation of crime prevention and risk management actions

4. Leadership
Objective	4.1 We will proactively engage and partner with the community and government to achieve our strategic goals
Strategy	4.1.4 Grow volunteer capacity to achieve community outcomes