EUROBODALLA SHIRE COUNCIL · A conflict of interest is a clash between private interest and public duty. There are two types of conflict: Pecuniary – regulated by the Local Government

AGENDA

Finance and Services Committee Meeting

9 July 2013

EUROBODALLA SHIRE COUNCIL

ETHICAL DECISION MAKING AND

CONFLICTS OF INTEREST

A GUIDING CHECKLIST FOR COUNCILLORS, OFFICERS AND COMMUNITY COMMITTEES

ETHICAL DECISION MAKING

Is the decision or conduct legal?

Is it consistent with Government policy, Council’s objectives and Code of Conduct?

What will the outcome be for you, your colleagues, the Council, anyone else?

Does it raise a conflict of interest?

Do you stand to gain personally at public expense?

Can the decision be justified in terms of public interest?

Would it withstand public scrutiny? CONFLICT OF INTEREST A conflict of interest is a clash between private interest and public duty. There are two types of conflict: Pecuniary – regulated by the Local Government Act and Department of Local Government; and Non-Pecuniary – regulated by Codes of Conduct and policy, ICAC, Ombudsman, Department of Local Government (advice only).

THE TEST FOR CONFLICT OF INTEREST

Is it likely I could be influenced by personal interest in carrying out my public duty?

Would a fair and reasonable person believe I could be so influenced?

Conflict of interest is closely tied to the layperson’s definition of “corruption” – using public office for private gain.

Important to consider public perceptions of whether you have a conflict of interest.

IDENTIFYING PROBLEMS

1st Do I have private interests affected by a matter I am officially involved in? 2nd Is my official role one of influence or perceived influence over the matter? 3rd Do my private interests conflict with my official role?

Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.

AGENCY ADVICE

Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, Officers and Community Committee members by various pieces of legislation, regulation and Codes. CONTACT PHONE EMAIL WEBSITE

Eurobodalla Shire Council Public Officer

4474-1000 [email protected] www.esc.nsw.gov.au

ICAC 8281 5999 [email protected] www.icac.nsw.gov.au

Local Government Department 4428 4100 [email protected] www.dlg.nsw.gov.au

NSW Ombudsman 8286 1000 Toll Free 1800 451 524

[email protected] www.ombo.nsw.gov.au

Reports to Committee are presented generally by ‘exception’ - that is, only those items that do not comply with legislation or policy, or are the subject of objection, are discussed in a report.

Reports address areas of business risk to assist decision making. Those areas include legal, policy, environment, asset, economic, strategic and financial.

Reports may also include key planning or assessment phrases such as:

Setback Council’s planning controls establish preferred standards of setback (eg 7.5m front; 1m side and rear);

Envelope taking into account the slope of a lot, defines the width and height of a building with preferred standard of 8.5m high;

Footprint the percentage of a lot taken up by a building on a site plan.

Acronym Meaning Description

ACR Australian Capital Region

The political and strategic grouping of the ACT government and 17 adjacent councils.

AEP Annual Exceedance Probability

For floods expressed as a % eg 1% = 1:100 year event. The NSW Flood Guidelines nominate types of development and controls.

AHD Australian Height Datum

Floor levels for buildings set to remain at or above flood level (expressed as 'freeboard').

APZ Asset Protection Zone Area to be cleared and maintained around habitable buildings in bushfire prone areas.

AS Australian Standard Standards set by national body as minimum construction, service, system, planning or design requirements.

BCA Building Code of Australia

Prescribes minimum standards or performance base for building construction.

CAMP Companion Animal Management Plan

Required by state law, plan nominating management of dogs and cats and areas for access for the exercise of dogs (eg beaches and reserves).

CC Construction Certificate

Floor plans approved by council or private certifier in compliance with development conditions and BCA.

CLD Crown Lands Division State agency managing state lands and advising on development applications or crown land management.

COPW Condition of Public Works Report

Required by state law to define the condition of infrastructure assets, the cost to upgrade to defined standards, the current costs of maintenance and desired levels of maintenance.

CP Cultural Plan A cultural plan enables identification of cultural assets, identity and needs as well as providing a framework to develop cultural initiatives to increase opportunities for residents.

CSR Complaint and Service Request

Requests received from public by phone, letter, email or Councillor to attend to certain works (eg pothole) or complain of certain service or offence (eg dogs barking).

CZMP Coastal Zone Management Plan

Describes proposed actions to address priority management issues in the coastal zone.

DA Development Application

Required by state law to assess suitability and impacts of a proposed development.

DAP Disability Action Plan Council plan outlining proposed works and services to upgrade facilities to progressively meet Disability Discrimination Act.

DCP Development Control Plan

Local planning policy defining the characteristics sought in residential, commercial land.

DECCW Department of Environment, Climate Change and Water (formerly EPA, NPWS, DEC)

State agencies (former Environment Protection and National Parks), DNR managing state lands and natural resources and regulating council activity or advising on development applications.

DLG Department of Local Government

State agency responsible for regulating local government.

DoHA Department of Health State agency responsible for oversight of health care (community and hospital) programs. Also responsible for public warning of reportable health risks.

DOIT Department of Infrastructure and Transport

Federal agency incorporating infrastructure, transport system, and assisting regions and local government.

DoP Department of Planning

State agency managing state lands and regulating council activity or advising on development applications or strategic planning.

DWE Department of Water and Energy

State agency managing funding and approvals for town and country water and sewer services and State energy requirements.

EBP Eurobodalla Bike Plan Strategic Plan identifying priorities and localities for cycleways in the Shire.

EIS Environmental Impact Statement

Required for designated and state developments researching and recommending solutions to social, economic and environmental impacts.

EMP Estuary Management Plan

A program of strategic actions to assist stakeholder to sustain healthy estuaries.

EOI Expressions of Interest

Often called in advance of selecting tenders to ascertain capacity and cost of private sector performing tasks or projects on behalf of council.

EP&A Environment Planning & Assessment Act

State law defining types of development on private and public lands, the assessment criteria and consent authorities.

ESC Eurobodalla Shire Council

ESD Ecologically Sustainable Development

Global initiative recommending balance of social, economic and environmental values in accord with 7 ESD principles.

ESS Eurobodalla Settlement Strategy

Council strategy prepared with assistance of government to identify best uses and re-uses of urban lands, the appropriate siting of private and public investment (eg institutions, employment areas or high density residential) based on current and planned infrastructure and land capacity.

ET Equivalent Tenement Basis of calculation of demand or impact of a single dwelling on water and sewer system.

FAG (under review)

Financial Assistance Grant

Federal general purpose grant direct to local government based on population and other 'disability' factors.

FSR Floor Space Ratio The ratio of a building's total floor area to the size of the parcel of land upon which it is built

GIS Geographic Information System

Computer generated spatial mapping of land and attributes such as infrastructure, slope, zoning.

GPA Government Property Authority

Government Property NSW is the body for considering all strategic real property asset management issues.

http://en.wikipedia.org/wiki/Ratio

GSAHS Greater Southern Area Health Service

State board commissioned with oversight of health care in Highlands, Monaro and Far South Coast.

IPART Independent Pricing & Regulatory Tribunal

State body that reviews statutory or government business regulatory frameworks and pricing levels.

IPWEA Institute Public Works Engineers Australia

Professional association.

IWCMS Integrated Water Cycle Management Strategy (or Plan)

Council plan identifying risk and social, economic and environmental benefit of proposed augmentation to water, sewer and stormwater systems.

IWMS Integrated Waste Management (Minimisation) Strategy

Council plan identifying risk and social, economic and environmental benefit of proposed augmentation of waste (solids, effluent, contaminated, liquid trade waste).

LEP Local Environment Plan

The statutory planning instrument defining the zones and objectives of urban and rural areas.

LGAct Local Government Act State law defining the role of Mayor, Councillors, staff, financing, approvals etc.

LGA Local Government Authority

LGMA Local Government Managers Australia


LGSA Local Government & Shires Association

Representative advisory and advocacy group for councils in NSW.

LPI Land & Property Information

Land and Property Information is a division of the Department of Finance & Services and is the key provider of land information services in New South Wales.

MOU Memorandum of Understanding

Agreement in principle between parties (eg council and agency) to achieve defined outcomes.

NPWS National Parks & Wildlife Service

Now merged into DECCW.

NRM Natural Resource Management

The management of natural resources such as land, water, soil, plants and animals, with a particular focus on how the management affects the quality of life for both present and future generations.

NVC Native Vegetation Act 2003

State law defining means of protection of threatened legislation and approval processes to clear land.

OC Occupation Certificate Issued by council or private certifier that building is safe to occupy and in compliance with development conditions and BCA.

OSMS Onsite sewage management system

Includes septic tanks, aerated systems, biocycles etc.

PCA Principal Certifying Authority

The person or organisation appointed by applicant to inspect and certify structures.

PIA Planning Institute of Australia


POEO Protection of the Environment Operations Act

State law outlining standards for emissions and discharges and penalties for pollution.

PoM Plan of Management (usually for community land)

Council plan nominating type of uses for community land and range of facilities progressively to be provided on land.

http://services.nsw.gov.au/

http://services.nsw.gov.au/

http://en.wikipedia.org/wiki/Natural_resources

http://en.wikipedia.org/wiki/Land_(economics)

http://en.wikipedia.org/wiki/Water

http://en.wikipedia.org/wiki/Soil

http://en.wikipedia.org/wiki/Plants

http://en.wikipedia.org/wiki/Animals

http://en.wikipedia.org/wiki/Quality_of_life

PPP Public Private Partnerships

PTS Public Transport Strategy

Council strategy to initiate mechanisms to promote and facilitate public transport (bus, taxi, community transport, cycles) in design of subdivisions, developments and council works.

PW Public Works State agency managing state public water, sewer and buildings infrastructure and advising/supervising on council infrastructure construction.

REF Review of Environmental Factors

Council examination of risk and social, economic and environmental benefit of proposed works, assessed against state planning, environment and safety laws.

RFS Rural Fire Service State agency responsible for providing equipment and training for volunteer firefighter brigades, and the assessment and approval of developments in bushfire prone lands.

RMS Roads & Maritime Services

State agency, established on 1 November 2011, responsible for building and maintaining roads; conduct driving tests; issuing licences and registrations and overseeing harbours and waterways.

S64 S64 Contributions Plan

Developer contributions plan to enable, with council and state funds, the augmentation of water, sewer and stormwater infrastructure.

S94 S94A

S94 Contributions Plan S94A Contributions Plan Levy Plan

Developer contributions to enable construction of public infrastructure and facilities such as roads, reserves, carparks, amenities etc.

SCG Southern Councils Group

Political and strategic grouping of councils along the NSW south coast from Wollongong to the border, lobbying government for assistance (eg highways) and resourcing sharing initiatives.

SCRS South Coast Regional Strategy

Regional Strategy prepared by DoP for ESC, BVSC and part SCC to guide new LEPs.

SCS Soil Conservation Service

Soil Conservation Service (SCS) is now a division of the Department of Primary Industries, which is a department within the newly established Department of Trade and Investment, Regional Infrastructure and Services

SEA Strategic Environment Assessment

Spatial assessment of environmental constraints of land considered in design and assessment of subdivision and infrastructure. Scientific research behind assessment of capacity of land and waterways in rural residential and urban expansion lands to sustain human settlement.

SEPP State Environmental Planning Policy

Outlines compulsory state planning objectives.

SEROC South East Regional Organisation of Councils

The South East Regional Organisation of Councils (SEROC) comprises the NSW Councils of Bombala, Boorowa, Cooma-Monaro, Eurododalla, Goulburn- Mulwaree, Harden, Palerang, Queanbeyan, Snowy River, Upper Lachlan, Yass Valley and Young, plus the Australian Capital Territory.

SoER State of the Environment Report

Required by state law, the comprehensive assessment (every four years) of the condition and the pressures on the social, economic and environmental features of the Shire and appropriate responses to address or preserve those issues.

SP Social Plan Required by state law, the comprehensive assessment (every four years) of the condition and the pressures on the social framework of the community, their services and facilities and economic interactions.

…….SP Structure Plan Plan promoting land uses and siting of infrastructure and facilities in towns (eg, BBSP – Batemans Bay Structure Plan).

SRCMA Southern Rivers Catchment Management Authority

State agency commissioned with assessment and monitoring of health and qualities of catchments from Wollongong to the border, and determine directions and priorities for public and private investment or assistance with grants.

STP Sewer Treatment Plant

Primary, secondary and part tertiary treatment of sewage collected from sewers before discharge into EPA approved water ways or irrigation onto land.

TAMS Total Asset Management System

Computer aided system recording condition and maintenance profiles of infrastructure and building assets.

TBL Triple Bottom Line Commercial term coined to encourage business to consider and disclose social and environmental risk, benefit and costs in the conduct of business to guide investors as to the long term sustainability and ethics of a business. Taken up by Council to record the basis of prioritisation, the review of condition, the monitor of progress and the financial disclosure of preventative or maintenance investment in council based social and environmental activities.

ToR Terms of Reference

TSC Threatened Species Conservation Act 1995

State law governing the protection of nominated species and relevant assessment and development controls.

WSUD Water Sensitive Urban Design

Principle behind the IWCMS and council development codes requiring new developments to reduce demand and waste on water resources through contemporary subdivision and building design.

FINANCE AND SERVICES COMMITTEE MEETING

TO BE HELD IN THE COUNCIL CHAMBERS, MORUYA

ON TUESDAY 9 JULY 2013 COMMENCING AT 9.30AM

AGENDA (Proceedings of this meeting will be recorded as per Eurobodalla Shire Council’s Code of Meeting Practice)

WELCOME AND EVACUATION MESSAGE APOLOGIES QUESTIONS FROM THE PUBLIC GALLERY (Agenda Items Only) CONFIRMATION OF MINUTES OF PREVIOUS MEETING Nil DECLARATIONS OF INTEREST OF MATTERS ON THE AGENDA (Declarations also to be made prior to discussions on each item)

Page No. REPORTS FS13/16 Local Government NSW Annual Conference 1 FS13/17 Code of Meeting Practice 4 FS13/18 Traffic Committee Meeting No. 9 for 2012-2013 6 FS13/19 Wharf Road Shared Pathway Contributions by Property Owners 14 FS13/20 Policy Review – Debt Recovery 19 FS13/21 Policy Review – Development Contributions – Request for Refund 21 FS13/22 Policy Review – Fraud Control 23 FS13/23 Policy Review - Gathering Information on Risk Management 24 FS13/24 Policy Review - Gifts and Benefits 26 FS13/25 Policy Review – Interest Free Advances to Sporting and Cultural Organisations 28 FS13/26 Policy Review – Land Investment 30 FS13/27 Policy Review – Pricing 32 FS13/28 Policy Review – Privacy and Information Protection 34 FS13/29 Policy Review – Public Interest Disclosure Internal Reporting 36 FS13/30 Policy Review – Risk Management 38 FS13/31 Policy Review - Sings as Remote Supervision 39 FS13/32 Policy Review – Community Transport 41 FS13/33 Policy Review – Extinguishment of Easements 43 FS13/34 Policy Review – Fees for Licences Granted by Council to Not for Profit Organisations 44 FS13/35 Policy Review – Hiring of Premises: Touring Markets 45 FS13/36 Policy Review – Library Services 47 FS13/37 Policy Review – Public Art 48 FS13/38 Policy Review – Landfill Waste General 49

FS13/39 Policy Review – National Clean Up Australia Day 51 FS13/40 Policy Review – Planning Agreements 52 FS13/41 Policy Review – Recreational Horse Riding on Beaches 54 FS13/42 Policy Review – Recycling Metals at the Waste Management Facilities 55 FS13/43 Policy Review – Street Activities 56 FS13/44 Policy Review – Waste Minimisation 58 FS13/45 Policy Review – Cemeteries Management 59 FS13/46 Policy Review – Local and Regional Roads Risk Management 61 FS13/47 Policy Review – Naming of Parks, Reserves, Sports Fields and Public Pathways 63 FS13/48 Policy Review - Parks, Playgrounds and Reserves Risk Management 65 FS13/49 Policy Review –Pathway Risk Management 67 FS13/50 Policy Review – Roads Naming 69 FS13/51 Policy Review – Dealing with Water Quality Complaints 71 QUESTIONS/URGENT BUSINESS CLOSED SESSION TO CONSIDER CONFIDENTIAL MATTERS In accordance with Section 10A(2) of the Local Government Act 1993, Council exclude members of the public from the meeting and go into Closed Session to consider the following confidential matters. In accordance with Section 10A(4) of the Local Government Act 1993 the Chairperson invites members of the public to make verbal representations to the Council on whether the meeting should be closed to consider the following matters. Discussion of the material would be contrary to the public interest for reasons relating to one or more of the matters prescribed by the Local Government Act 1993 Section 10A(2)(a-h). (a) personnel matters concerning particular individuals; or (b) the personal hardship of any resident or ratepayer; or (c) information that would, if disclosed, confer a commercial advantage on a person with whom the

council is conducting (or proposes to conduct) business; or (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; or (f) matters affecting the security of the council, councillors, council staff or council property; or (g) advice concerning litigation, or advice that would otherwise be privileged from production in legal

proceedings on the ground of legal professional privilege or information concerning the nature and location of a place; or

(h) an item of Aboriginal significance on community land. CONFIDENTIAL REPORTS Nil DR CATHERINE DALE GENERAL MANAGER

REPORT TO FINANCE AND SERVICES COMMITTEE MEETING OF EUROBODALLA SHIRE COUNCIL HELD ON TUESDAY 9 JULY 2013 Page 1

FS13/16 LOCAL GOVERNMENT NSW ANNUAL CONFERENCE 2013 E91.3255

SYNOPSIS

The inaugural Local Government NSW Annual Conference 2013 will be held at the Sydney Town Hall from 1 to 3 October 2013. This report seeks nomination of delegates to attend the Conference and the consideration of issues for submission to the Conference.

BACKGROUND

Local Government NSW (LGNSW) represents the interests of its members, which include 152 general purpose councils, 12 special purpose councils and the NSW Aboriginal Land Council. Formerly known as the Local Government and Shires Associations of NSW (LGSA), the two organisations officially became Local Government NSW on 1 March 2013, uniting and strengtening the voice of the local government sector in NSW. Over 600 delegates meet annually to discuss and set policy for the coming year.

ISSUES

A draft program is available on the Local Government NSW website at: http://www.lgnsw.org.au/files/imce-uploads/48/draft_program_2013_4.pdf The full business paper will be available on line approximately six weeks before the Conference. Delegates Council’s policy on Councillors’ Expenses and Facilities provides that all Councillors can attend the Local Government NSW Annual Conference if they wish. As a full Member of the Local Government NSW, Council is entitled to three voting delegates at the Conference. It has been the practice that the Mayor is one of the voting delegates.

http://www.lgnsw.org.au/files/imce-uploads/48/draft_program_2013_4.pdf


FS13/16 LOCAL GOVERNMENT NSW ANNUAL CONFERENCE 2013 E91.3255 Business Session - Issues This year, LGNSW would like to receive input from councils to guide the content of the business sessions. Councils are requested to identify the most important three to five issues which they believe are causing concern to the council and/ or the local community and provide these details to LGNSW by 5.00pm on Friday, 19 July 2013. LGSNW will then review all responses received and identify the top three to five overall issues identified by member councils. These issues will be put to the Conference as conference motions for debate and deliberation as part of the business sessions. In addition to identifying an issue, councils are encouraged to suggest an appropriate solution by including either a motion which could be considered by the Conference or notes which might guide delegates to an agreed position. Issues identified by councils which fall outside of the top overall three to five issues, will be considered by the Board prior to the Conference. Councils will be advised of the outcome of these deliberations also prior to the Conference. Councillors are asked to consider what issues are affecting Eurobodalla and the proposed solution/Motion for submission to the Conference. Registration The registration cost for the Conference is $880 if received by 19 August 2013. Registration after 20 August 2013 will incur a $110 late fee. Accommodation, Travel and Sustenance Council will reimburse or pay registration fees, accommodation, meals, parking, telephone and travel expenses associated with attendance at the conference plus any other reasonable and directly related out of pocket expenses. Accommodation is restricted to a maximum of NRMA 4 ½ star rating and where possible at the function venue to avoid other costs and inconvenience.


FS13/16 LOCAL GOVERNMENT NSW ANNUAL CONFERENCE 2013 E91.3255 RECOMMENDED

THAT: 1. The Mayor be nominated as one voting delegate and Council nominate two other

voting delegates, together with observers as determined, to attend the Local Government NSW Annual Conference 2013 to be held in Sydney from 1 to 3 October 2013;

2. Council’s delegates and observers be reimbursed out of pocket expenses in accordance

with Council’s policy; 3. Council consider issues and proposed solutions/motions for submission to the Local

Government NSW Conference. DR CATHERINE DALE GENERAL MANAGER


FS13/17 CODE OF MEETING PRACTICE E13.7095

SYNOPSIS

Eurobodalla Shire Council’s Code of Meeting Practice has the following objectives: • to ensure that all meetings of Council and its committees are conducted in an orderly,

consistent and efficient manner; • to ensure that all meetings of Council and its committees are conducted according to

the principles of procedural fairness and due process; • to ensure all Councillors have an equal opportunity to participate in the meeting to the

fullest extent possible, with respect being accorded to the expression of differing views; • to provide opportunities for community engagement through Council meetings; • to ensure that all Councillors, staff and members of the public fully understand their

rights and obligations as participants in meetings of Council; and • to ensure that proceedings are transparent and understandable to all persons

participating in and observing meetings of Council and its committees.

The Code shall apply to Council meetings and all committees comprising of Councillors appointed pursuant to Regulations Clause 260. Other committees comprising of Councillors and staff or community members (including Boards) may adopt this Code of Meeting Practice or variations at their discretion.

BACKGROUND

The Code shall be interpreted in a manner which is consistent with the Local Government Act 1993 (LGA) the Local Government (General) Regulation 2005 (Reg), the NSW Division of Local Government (DLG) Practice Note 16 (Meetings), and the objectives above.

The Code consolidates provisions in relevant sections of the LGA and Reg, along with specific supplementary provisions adopted by this Council which are consistent with the LGA and Reg. The Code should be read in conjunction with related legislation, the Council’s Code of Conduct, Codes of Practice, guidelines and internal policies.

CHANGES

The Code of Meeting Practice has been extensively reviewed and re-drafted and takes into account suggested changes from Councillors and community, including (but not limited to): • Improved referencing to relevant legislation and Council’s supplementary provisions. • Changes to timing and frequency of Ordinary Council Meetings. For a trial period,

Council meetings are proposed to be held on the second and fourth Tuesday of the month, commencing at 4.00pm and concluding by 9.00pm.

• Elimination of Principal Committees (Policy and Strategy Committee, and Finance and Services Committee).

• Commencement of Councillor Briefings, to be held twice per month. • Acceptance of Petitions from the community. • Changes to Public Forum requirements, to encourage greater community

participation. • Written acknowledgement to presenters of Public Forum presentations. • Updated Report format for Business Papers.


FS13/17 CODE OF MEETING PRACTICE E13.7095 • Incorporation of DLG guidelines for Meeting practice. • Inclusion of Table of Contents and Index. • Updated formatting (new policy template).

CONSULTATION

We will consult (seek feedback) with the community by public exhibition and exhibiting the draft policy on Council’s website, at libraries, and at the Customer Service Centre in Moruya, for a period of 42 days.

CONCLUSION

The draft Code of Meeting Practice policy will be exhibited for 42 days. At the end of the exhibition period the draft Code of Meeting Practice policy will be presented to Council for consideration, along with a report to consider any submissions that may be received during the exhibition period.

RECOMMENDED

THAT: 1. The Finance and Services Committee seeks Council’s endorsement of the draft Code of

Meeting Practice. 2. The draft Code of Meeting Practice be placed on public exhibition for a period of 42

days and, following the expiration of this period, the draft code be presented back to Council for consideration.

ANTHONY O’REILLY DIVISIONAL MANAGER FINANCE AND GOVERNANCE Attach.

Code of Meeting Practice (Policy) Page 1 of 58

POLICY

Policy name Code of Meeting Practice

Responsible manager(s) General Manager

Contact officer(s) Divisional Manager, Finance and Governance

Directorate Finance and Governance

Approval date DD MMM 2013

TABLE OF CONTENTS

INTRODUCTION ................................................................................................................ 5

APPLICATION AND INTERPRETATION ................................................................................ 5

GUIDE TO REFERENCES IN THIS CODE ................................................................................ 5

PART 1 - THE CODE OF MEETING PRACTICE ....................................................................... 6

1.1 APPLICATION OF THE CODE ............................................................................................ 6

1.2 PREPARATION OF THE CODE OF MEETING PRACTICE .................................................... 6

1.3 ADOPTION AND AMENDMENT OF THE CODE ................................................................. 6

1.4 AVAILABILITY OF THE CODE ............................................................................................ 7

PART 2 - BEFORE COUNCIL MEETINGS ............................................................................... 7

2.1 FREQUENCY AND TIMING OF MEETINGS ........................................................................ 7

2.2 NOTICE OF MEETINGS TO COUNCILLORS ........................................................................ 7

2.3 NOTICE FOR EXTRAORDINARY MEETING ........................................................................ 8

2.4 PUBLIC NOTICE OF MEETINGS......................................................................................... 8

2.5 COUNCILLOR BRIEFING SESSIONS ................................................................................... 9

2.6 COUNCIL WORKSHOPS .................................................................................................... 9

PART 3 - QUORUM AND ATTENDANCE ............................................................................ 10

3.1 QUORUM FOR A MEETING ............................................................................................ 10

3.2 COUNCILLOR PRESENCE AT COUNCIL MEETINGS ......................................................... 10

3.3 QUORUM NOT PRESENT ............................................................................................... 10

3.4 COUNCILLOR ATTENDANCE AT MEETINGS ................................................................... 10

3.5 APPLICATION FOR LEAVE OF ABSENCE ......................................................................... 10

3.6 MEETING ATTENDANCE WHILE ON LEAVE OF ABSENCE .............................................. 11

3.7 WHO IS ENTITLED TO ATTEND COUNCIL MEETINGS..................................................... 11

3.8 ATTENDANCE OF GENERAL MANAGER ......................................................................... 11

3.9 ATTENDANCE OF COUNCIL EMPLOYEES ....................................................................... 11

PART 4 - PRESIDING OVER MEETINGS OF COUNCIL .......................................................... 11

4.1 CHAIRPERSON AND DEPUTY CHAIRPERSON OF COUNCIL ............................................ 12

4.2 COUNCILLOR TO BE ELECTED TO PRESIDE AT CERTAIN MEETINGS .............................. 12

4.3 CHAIRPERSON TO HAVE PRECEDENCE .......................................................................... 12


4.4 CHAIRPERSON'S DUTY WITH RESPECT TO MOTIONS ................................................... 12

4.5 RECOGNITION OF CHAIRPERSON .................................................................................. 12

4.6 MODE OF ADDRESS ....................................................................................................... 13

PART 5 - MEETING AGENDA AND BUSINESS .................................................................... 13

5.1 ORDER OF BUSINESS ..................................................................................................... 13

5.2 BUSINESS PAPER FOR COUNCIL MEETINGS .................................................................. 14

5.3 DISTRIBUTION OF BUSINESS PAPERS ............................................................................ 14

5.4 DISTRIBUTION OF OTHER MATERIALS .......................................................................... 15

5.5 GIVING NOTICE OF BUSINESS ........................................................................................ 15

5.6 DEALING WITH MATTERS WITHOUT NOTICE ................................................................ 15

5.7 MAYORAL MINUTE ........................................................................................................ 16

5.8 AGENDA FOR EXTRAORDINARY MEETINGS .................................................................. 16

5.9 DEALING WITH MATTERS WITHOUT NOTICE AT AN EXTRAORDINARY MEETING ........ 16

5.10 MEMBERS OF THE PUBLIC ADDRESSING COUNCIL ..................................................... 17

5.11 PUBLIC RECORDING OF MEETINGS PROHIBITED WITHOUT COUNCIL AUTHORITY .... 19

5.12 AUDIO RECORDING OF MEETINGS BY COUNCIL STAFF .............................................. 20

PART 6 - DECLARATIONS OF INTERESTS ........................................................................... 21

6.1 WHAT IS A PECUNIARY INTEREST? ................................................................................ 21

6.2 INTERESTS THAT DO NOT REQUIRE DISCLOSURE ......................................................... 21

6.3 WHO HAS A PECUNIARY INTEREST? .............................................................................. 22

6.4 DISCLOSURE OF PECUNIARY INTERESTS AND PRESENCE IN MEETINGS ....................... 23

6.5 SUFFICIENT GENERAL DISCLOSURE ............................................................................... 23

6.6 DISCLOSURE OF NON-PECUNIARY INTERESTS .............................................................. 24

6.7 DISCLOSURE BY ADVISER ............................................................................................... 24

6.8 CIRCUMSTANCES WHERE DISCLOSURE RULES ARE NOT BREACHED ........................... 24

6.9 DISCLOSURE TO BE RECORDED IN MINUTES ................................................................ 24

PART 7 - QUESTIONS AND TABLING OF MATTERS ............................................................ 24

7.1 QUESTIONS TO COUNCILLORS AND EMPLOYEES .......................................................... 24

7.2 QUESTIONS TO GENERAL MANAGER ............................................................................ 25

7.3 QUESTIONS ON NOTICE ................................................................................................ 25

7.4 MATTERS FOR TABLING – PECUNIARY INTERESTS ........................................................ 26

7.5 MATTERS FOR TABLING – PETITIONS ............................................................................ 26

PART 8 - MOTIONS ......................................................................................................... 27

8.1 NOTICE OF MOTION ...................................................................................................... 27

8.2 NOTICE OF MOTION - ABSENCE OF MOVER ................................................................. 27

8.3 MOTIONS TO BE SECONDED ......................................................................................... 27

8.4 SPEAKING TO MOTIONS ................................................................................................ 28

8.5 SPEAKING TO A MISREPRESENTATION OR MISUNDERSTANDING................................ 28


8.6 VARIATIONS TO MOTIONS ............................................................................................ 28

8.7 VARIATIONS BY CONSENT ............................................................................................. 28

8.8 AMENDMENTS TO MOTIONS ........................................................................................ 29

8.9 HOW SUBSEQUENT AMENDMENTS MAY BE MOVED .................................................. 29

8.10 FORESHADOWED MOTIONS OR AMENDMENTS ........................................................ 29

8.11 MOTIONS WITHOUT NOTICE ...................................................................................... 30

8.12 DEFEATED MOTIONS ................................................................................................... 30

PART 9 - PROCEDURAL MOTIONS .................................................................................... 30

9.1 GENERAL PROCEDURAL MOTIONS ................................................................................ 30

9.2 POINT OF ORDER ........................................................................................................... 30

9.3 MOTIONS OF DISSENT ................................................................................................... 31

9.4 PUTTING THE MOTION OR AMENDMENT .................................................................... 31

9.5 USE OF ELECTRONIC OVERHEAD SCREEN ..................................................................... 31

PART 10 - ORDER AT MEETINGS ...................................................................................... 32

10.1 OBSERVE THE CODE OF CONDUCT AND CODE OF MEETING PRACTICE ..................... 32

10.2 QUESTIONS OF ORDER ................................................................................................ 32

10.3 ACT OF DISORDER ....................................................................................................... 32

10.4 DISORDER AT MEETINGS - ADJOURNMENT ................................................................ 33

10.5 EFFECT OF EXPULSION ................................................................................................ 33

10.6 WARNING TO COUNCILLORS ....................................................................................... 34

10.7 POWER TO REMOVE PERSONS FROM COUNCIL MEETING ......................................... 34

10.8 THE USE OF ELECTRONIC EQUIPMENT DURING MEETINGS ....................................... 34

PART 11 - ADJOURNMENT OF MEETINGS ........................................................................ 34

11.1 MOTION TO ADJOURN MEETING ................................................................................ 34

11.2 AMENDMENT TO ADJOURN MEETING MOTION ........................................................ 35

11.3 RE-CONVENING AN ADJOURNED MEETING ................................................................ 35

PART 12 - CLOSED MEETINGS .......................................................................................... 35

12.1 MOTION TO CLOSE PART OF THE MEETING................................................................ 35

12.2 GROUNDS TO CLOSE MEETINGS ................................................................................. 35

12.3 LIMITATIONS TO CLOSING MEETINGS ........................................................................ 36

12.4 DISCUSSION OF LEGAL MATTERS ................................................................................ 36

12.5 MOTIONS TO CLOSE OTHER PARTS OF A MEETING .................................................... 36

12.6 MATTERS OF PUBLIC INTEREST ................................................................................... 36

12.7 DEPARTMENT GUIDELINES FOR MEETING CLOSURE .................................................. 37

12.8 REPRESENTATION BY PUBLIC BEFORE A COUNCIL MEETING IS CLOSED .................... 37

12.9 SPECIFYING GROUNDS FOR CLOSING MEETINGS ....................................................... 37

12.10 NOTICE OF CLOSURE NOT REQUIRED IN URGENT CASES ......................................... 38

12.11 RESOLUTIONS TO BE MADE PUBLIC .......................................................................... 38


PART 13 - VOTING AND DECISIONS OF COUNCIL.............................................................. 38

13.1 WHAT CONSTITUTES A DECISION OF THE COUNCIL? ................................................. 38

13.2 VOTING ENTITLEMENTS OF COUNCILLORS AND CHAIRPERSON’S CASTING VOTE .... 38

13.3 ABSTENTIONS TO BE COUNTED .................................................................................. 38

13.4 DIVISIONS .................................................................................................................... 39

13.5 VOTING AT COMMITTEES ........................................................................................... 39

13.6 INVALIDATION OF COUNCIL OR COMMITTEE PROCEEDINGS ..................................... 39

13.7 RESCINDING OR ALTERING RESOLUTIONS OF THE COUNCIL ...................................... 40

PART 14 - COMMITTEES OF COUNCIL .............................................................................. 41

14.1 COMMITTEE OF WHOLE OF COUNCIL ......................................................................... 41

14.2 COMMITTEE OF THE WHOLE ...................................................................................... 41

14.3 COUNCIL MAY ESTABLISH COMMITTEES .................................................................... 41

14.4 FUNCTION OF COMMITTEES ....................................................................................... 42

14.6 COUNCILLORS ENTITLED TO ATTEND COMMITTEE MEETINGS .................................. 42

14.7 CHAIRPERSON AND DEPUTY CHAIRPERSON OF COMMITTEES .................................. 43

14.8 ADDRESSING COMMITTEES ........................................................................................ 43

14.9 REPRESENTATIONS BY PUBLIC BEFORE CLOSURE OF COMMITTEE MEETING ............ 43

14.10 VOTING PROCEDURE IN COMMITTEES ..................................................................... 44

14.11 ABSENCE FROM COMMITTEE MEETINGS ................................................................. 44

14.12 DISORDER IN COMMITTEE MEETINGS ...................................................................... 44

14.13 CERTAIN PERSONS MAY BE EXPELLED FROM COUNCIL COMMITTEE MEETINGS .... 44

14.14 COMMITTEES TO KEEP MINUTES .............................................................................. 45

14.15 REPORTS OF COMMITTEES ....................................................................................... 45

PART 15 - MINUTES AND ACCESS TO INFORMATION ....................................................... 45

15.1 MINUTES OF MEETING ................................................................................................ 45

15.2 MATTERS TO BE INCLUDED IN MINUTES OF COUNCIL MEETING ............................... 45

15.3 INSPECTION OF THE MINUTES OF A COUNCIL OR COMMITTEE MEETING................. 46

15.4 DISCLOSURE AND MISUSE OF INFORMATION ............................................................ 46

PART 16 - COUNCIL SEAL ................................................................................................. 47

GOVERNANCE ................................................................................................................ 48

RELATED LEGISLATION, POLICIES, CODES, AND GUIDELINES ............................................. 48

RELATED EXTERNAL REFERENCES ....................................................................................... 48

REVIEW ................................................................................................................................ 48

DEFINITIONS ........................................................................................................................ 49

APPENDIX ONE (I) – ORDINARY MEETING OF COUNCIL (2 PAGES) .................................... 51

APPENDIX TWO (II) – GUIDE TO COUNCIL MEETINGS....................................................... 53

APPENDIX THREE (III) – REQUEST TO ADDRESS COUNCIL (3 PAGES) ................................. 54

INDEX ............................................................................................................................ 57


Code of Meeting Practice

Introduction

Eurobodalla Shire Council’s Code of Meeting Practice has the following objectives:

• to ensure that all meetings of Council and its committees are conducted in an orderly, consistent and efficient manner;

• to ensure that all meetings of Council and its committees are conducted according to the principles of procedural fairness and due process;

• to ensure all Councillors have an equal opportunity to participate in the meeting to the fullest extent possible, with respect being accorded to the expression of differing views;

• to provide opportunities for community engagement through Council meetings; • to ensure that all Councillors, staff and members of the public fully understand their

rights and obligations as participants in meetings of Council; and • to ensure that proceedings are transparent and understandable to all persons

participating in and observing meetings of Council and its committees.

Application and Interpretation

This Code may be cited as the Eurobodalla Shire Council Code of Meeting Practice. The Code shall be interpreted in a manner which is consistent with the Local Government Act 1993 (LGA) the Local Government General Regulation 2005 (Reg), the NSW Division of Local Government (DLG) Practice Note 16 (Meetings) and the Objectives of this Code.

This Code shall apply to Council meetings and all committees comprising of Councillors appointed pursuant to Regulations Clause 260. Other committees comprising of Councillors and staff or community members (including Boards) may adopt this Code of Meeting Practice or variations at their discretion.

This Code consolidates provisions in relevant sections of the Act and Regulations, along with supplementary provisions which are adopted by this Council, consistent with the Act and Regulations. This Code should be read in conjunction with any related legislation, Codes of Practice, guidelines and internal policies.

Guide to References in This Code

This Code makes reference to relevant clauses and sections of the Act, Regulations, DLG Practice Note 16 (Meetings) and the Council’s own supplementary provisions. The Act or Regulations may be directly quoted, or Council’s practical interpretation of the Act or Regulations is described.

References to all relevant clause or section numbers in the Act, Regulations or Practice Note are included in this Code, as follows:

Clause generally refers to clauses within this Code (unless referencing a specifically quoted clause number from the Act or Regulations)

LGA Sec X refers to the Local Government Act 1993, Section No. X

Reg X refers to the Local Government (General) Regulations 2005, Regulation No. X

DLG PN16 X refers to the DLG Practice Note 16 (Meetings), clause no. X

Supp Prov refers to Supplementary Provisions adopted by Eurobodalla Shire Council


1.0 PART 1 - THE CODE OF MEETING PRACTICE

1.1

1.1 Application of the Code

Conduct of meetings of Council and committees

(1) The regulations of the Local Government Act 1993 may make provision with respect to the conduct of meetings of Councils.

(2) Council may adopt a Code of Meeting Practice that incorporates the regulations made for the purposes of this section, and supplement those regulations with provisions that are not inconsistent with them.

(3) Council must conduct its meetings in accordance with the Code of Meeting Practice adopted by it.

LGA Sec 360

1.2

1.2 Preparation of the Code of Meeting Practice

Preparation, public notice and exhibition of draft Code

(1) Before adopting a Code of Meeting Practice, Council must prepare a draft Code. (2) The Council must give public notice of the draft Code after it is prepared. (3) The period of public exhibition must not be less than 28 days. (4) The public notice must also specify a period of not less than 42 days after the date

on which the draft Code is placed on public exhibition during which submissions may be made to the Council.

(5) The Council must publicly exhibit the draft Code in accordance with its notice.

LGA Sec 361

1.3

1.3 Adoption and Amendment of the Code

Adoption of draft Code

(1) After considering all submissions received by it concerning the draft Code, the Council may decide: (a) to amend those provisions of its draft Code that supplement the regulations

made for the purposes of LGA Section 360 (see Clause 1.1), or (b) to adopt the draft Code as its Code of Meeting Practice.

(2) If the Council decides to amend its draft Code, it may publicly exhibit the amended draft in accordance with this Division (Part 1 of this Code) or, if the Council is of the opinion that the amendments are not substantial, it may adopt the amended draft Code without public exhibition as its Code of Meeting Practice.

LGA Sec 362

Amendment of the Code

(3) Council may amend a Code adopted under this Part (Part 1 of this Code) by means only of a Code so adopted.

LGA Sec 363

Revision of the Code

(4) The Council authorises the General Manager to reissue the Code without public exhibition to incorporate any amendments to relevant Acts, Regulations or formal advices from the NSW Division of Local Government.


Supp Prov

1.4

1.4 Availability of the Code

Public availability of the Code

(1) The Code of Meeting Practice under this Division adopted by Council must be available for public inspection free of charge at the office of the Council during ordinary office hours.

(2) Copies of the Code must be available free of charge or, if the Council determines, on payment of the approved fee.

LGA Sec 364

2.0 PART 2 - BEFORE COUNCIL MEETINGS

2.1

2.1 Frequency and timing of Meetings

How often does the Council meet?

Council is required to meet at least 10 times each year, each time in a different month.

LGA Sec 365

Dates

(a) Council adopts an annual schedule of dates for Council meetings. (b) Generally, Council will recess during January. (c) Council meetings occur on Tuesdays. (d) Ordinary Council meetings will be held on the second (2nd) and fourth (4th) Tuesday

of each month. (e) From the date of adoption of this Code, Council has resolved to conduct night-time

Ordinary Council meetings for a trial period of 6 months (with option to extend another 6 months). On conclusion of the trial period Council will review and resolve, in consultation with the public, the permanent timing of meetings.

(f) During the trial, ordinary Council meetings will generally commence at 4.00pm and conclude by 9.00pm, but this commencement time may vary for particular meetings if the Council so resolves or if the Mayor so directs under delegated authority.

(g) From the date of adoption of this Code, Council has resolved to replace the previously adopted ‘Principal Committee’ meetings with Councillor briefings to be held on the first (1st) and third (3rd) Tuesday of each month. See Clause 2.5.

(h) Extraordinary meetings of Council will be held as and when required. (i) Council will determine the commencement times for meetings of committees. (j) The Mayor has delegated authority to call and schedule meetings of Council and

committees, briefings for Councillors and site inspections by Councillors.

Supp Prov

2.2

2.2 Notice of Meetings to Councillors

Notice of meetings

(1) The General Manager of the Council must send to each Councillor, at least three (3) days before each meeting of the Council, a notice specifying the time and place at which and the date on which the meeting is to be held and the business proposed to be transacted at the meeting.

LGA Sec 367(1)


Days of Notice

(2) The day of issue and the day of the meeting are not to be counted as days of notice (Sec 36 Interpretations Act 1987).

Supp Prov

Form of Notice

(3) The notice and business proposed for the meeting may be given to Councillors in electronic form.

(4) In addition to the meeting cycle adopted, Council may resolve to hold additional meetings as considered necessary.

(5) Additional meetings of Council convened by resolution of Council are subject to the five days’ notice rule and must also be advertised in accordance with Clause 2.4 of this Code of Meeting Practice.

Supp Prov

2.3

2.3 Notice for Extraordinary Meeting

Calling of Extraordinary meeting on request by Councillors (1) If the Mayor receives a request in writing signed by at least 2 Councillors, the Mayor

must call an Extraordinary meeting of the Council to be held as soon as practicable but in any event within 14 days after receipt of the request.

LGA Sec 366

Notice of meetings (2) Notice of less than three (3) days may be given of an Extraordinary meeting called in

an emergency.

LGA Sec 367(2)

(3) Where practicable, Council will provide three (3) days’ notice to Councillors and the community of a proposed Extraordinary Council meeting.

(4) If an Extraordinary Council meeting is called in an emergency, a minimum of one (1) days’ notice will be provided to Councillors and the community.

(5) The notice will be posted on the Council website and the noticeboard in the Customer Service Centre foyer, cnr Vulcan and Campbell Streets, Moruya.

Supp Prov

2.4

2.4 Public Notice of Meetings

Public notice of meetings (1) Council must give notice to the public of the times and places of its meetings.

LGA Sec 9(1)

(2) A notice of a meeting of Council must be published in a newspaper circulating in the area before the meeting takes place.

(3) The notice must specify the time and place of the meeting. (4) Notice of more than one meeting may be given in the same notice. (5) This clause (these public notice requirements) does not apply to an Extraordinary

meeting of Council or a committee.

Reg 232(2)-(5)

(6) Public notices of upcoming Ordinary meetings and public workshops will be placed in the local newspapers, displayed on the Council website, and on the noticeboard


in the Customer Service Centre foyer, cnr Vulcan and Campbell Streets, Moruya. The notice will specify the time, location and date of ordinary meetings and public workshops.

(7) To ensure the community has sufficient time to determine when and where Ordinary meetings and public workshops are held, such a notice will be published and displayed on the Wednesday immediately prior to such meetings.

Supp Prov

2.5

2.5 Councillor Briefing Sessions

(1) Council has resolved to hold Councillor briefings on the first (1st) and third (3rd) Tuesday of each month, from the date of adoption of this code.

(2) These briefing sessions are informal gatherings intended to provide useful background information to Councillors, develop Councillor knowledge and expertise, and assist their role as public officials.

(3) Briefing sessions will involve all Councillors and relevant staff, and may involve invited participants where necessary. There is no obligation on Councillors to attend briefings, but they are invited to every briefing.

(4) Briefing papers contain information but no recommendations. (5) No recommendations are to be put to, and no agreement sought from, the

Councillors or other participants in the course of the briefing. (6) No decision-making process can form part of any particular briefing. Briefing

sessions are merely a means which enable Councillors to bring an informed mind to the appropriate decision-making forum, and should not be used for detailed or advanced discussions where agreement is reached and/ or a (de-facto) decision is made. Any detailed discussion or exchange of views on an issue, and any policy decision from the options, must be left to the open forum of a formal Council or committee meeting.

(7) Briefings are not formal meetings of Council and are therefore not constrained to the provisions of this Code for the conduct of such.

Supp Prov (ref. DLG PN16 13.1.1)

2.6

2.6 Council Workshops

(1) For equity in access to information, Council may hold workshops from time to time. Such workshops are informal gatherings to provide useful information to Councillors and/ or the public.

(2) Council workshops may involve Councillors, staff and may involve invited participants where necessary. There is no obligation on Councillors to attend workshops, but they are invited to every workshop.

(3) Council may invite the public and/ or media to attend workshops. (4) Workshop briefing papers contain information but no recommendations. (5) No recommendations are to be put to, and no agreement sought from, the

Councillors or other participants in the course of the workshop. (6) No decision-making process can form part of any particular workshop. (7) Workshops are not formal meetings of Council and are therefore not constrained to

the provisions of this Code for the conduct of such.

Supp Prov (ref. DLG PN16 13.1.1)


3.0 PART 3 - QUORUM AND ATTENDANCE

3.1

3.1 Quorum for a Meeting

What is the quorum for a meeting? The quorum for a meeting of the Council is a majority of the Councillors of the Council who hold office for the time being and are not suspended from office.

LGA Sec 368

3.2

3.2 Councillor Presence at Council Meetings

Presence at Council meetings A Councillor cannot participate in a meeting of Council unless personally present at the meeting.

Reg 235

3.3

3.3 Quorum not Present

What happens when a quorum is not present? (1) A meeting of Council must be adjourned if a quorum is not present:

(a) within half an hour after the time designated for the holding of the meeting; or (b) at any time during the meeting.

(2) In either case, the meeting must be adjourned to a time, date and place fixed: (a) by the chairperson; or (b) in his or her absence - by the majority of the Councillors present; or (c) failing that, by the General Manager.

(3) The General Manager must record in the Council's minutes the circumstances relating to the absence of a quorum (including the reasons for the absence of a quorum) at or arising during a meeting of the Council, together with the names of the Councillors present.

Reg 233

3.4

3.4 Councillor Attendance at Meetings

When does a vacancy occur in a civic office? (1) A civic office becomes vacant if the holder (Councillor) is absent from 3 consecutive

ordinary meetings of the Council (unless the holder is absent because he or she has been suspended from office under LGA Section 482 (Pecuniary interest disciplinary order)) without: (a) prior leave of the Council; or (b) leave granted by the Council at any of the meetings concerned.

LGA Sec 234(1)(d)

3.5

3.5 Application for Leave of Absence

(1) For the purposes of Clause 3.4, a Councillor applying for a leave of absence from a meeting of Council does not need to make the application in person and the Council may grant such leave in the absence of that Councillor.

LGA Sec 234(2)

(2) A Councillor’s application for leave of absence from Council meetings should, if practicable, identify (by date) the meetings from which the Councillor intends to be


absent.

Reg 235A(1)

3.6

3.6 Meeting Attendance while on Leave of Absence

(1) If the holder of a civic office attends a Council meeting (whether or not an ordinary meeting) despite having been granted leave of absence, the leave of absence is taken to have been rescinded as regards any future Council meeting.

(2) Subsection (1) above does not prevent the Council from granting further leave of absence in respect of any future Council meeting.

LGA Sec 234(3)-(4)

(3) A Councillor who intends to attend a Council meeting despite having been granted leave of absence should, if practicable, give the General Manager at least 2 days’ notice of his or her intention to attend.

Reg 235A(2)

3.7

3.7 Who is entitled to Attend Council Meetings

(1) Except as provided by this Part: (a) everyone is entitled to attend a meeting of the Council; and (b) Council must ensure that all meetings of the Council are open to the public.

(2) However, a person (whether a Councillor or another person) is not entitled to be present at a meeting of the Council if expelled from the meeting: (a) by a resolution of the meeting; or (b) by the person presiding at the meeting if the Council has, by resolution,

authorised the person presiding to exercise the power of expulsion. (3) A person may be expelled from a meeting only on the grounds specified in, or in the

circumstances prescribed by, the Regulations. (See Clause 5.10, 5.11, 10.3, 10.4)

LGA Sec 10

3.8

3.8 Attendance of General Manager

(1) The General Manager is entitled to attend, but not to vote at, a meeting of the Council.

(2) The General Manager is entitled to attend a meeting of any other committee of the Council and may, if a member of the committee, exercise a vote.

(3) However, the General Manager may be excluded from a meeting of the Council or a committee while the Council or committee deals with a matter relating to the standard of performance of the General Manager or the terms of the employment of the General Manager.

LGA Sec 376

3.9

3.9 Attendance of Council Employees

The General Manager shall arrange for the attendance of such Council employees as are considered necessary by the General Manager for the transaction of the notified Council business.

Supp Prov

4.0 PART 4 - PRESIDING OVER MEETINGS OF COUNCIL


4.1

4.1 Chairperson and Deputy Chairperson of Council

Who presides at meetings of the Council? (1) The Mayor or, at the request of or in the absence of the Mayor, the deputy Mayor

presides at meetings of the Council. (2) If the Mayor and the deputy Mayor (if any) are absent, a Councillor elected to chair

the meeting by the Councillors present presides at a meeting of the Council.

LGA Sec 369

4.2

4.2 Councillor to be elected to preside at certain meetings

(1) If no chairperson is present at a meeting of Council at the time designated for the holding of the meeting, the first business of the meeting must be the election of a chairperson to preside at the meeting.

(2) The election must be conducted: (a) by the General Manager or, in his or her absence, an employee of the Council

designated by the General Manager to conduct the election; or (b) if neither of them is present at the meeting or there is no General Manager or

designated employee – by the person who called the meeting or a person acting on his or her behalf.

(3) If, at an election of a chairperson, 2 or more candidates receive the same number of votes and no other candidate receives a greater number of votes, the chairperson is to be the candidate whose name is chosen by lot.

(4) For the purposes of subclause (3), the person conducting the election must: (a) arrange for the names of the candidates who have equal numbers of votes to be

written on similar slips; and (b) then fold the slips so as to prevent the names from being seen, mix the slips and

draw one of the slips at random. (5) The candidate whose name is on the drawn slip is the candidate who is to be the

chairperson.

Reg 236

4.3

4.3 Chairperson to have Precedence

When the chairperson speaks during a meeting of Council, every Councillor present must be silent to enable the chairperson to be heard without interruption.

Supp Prov (consistent with Reg 237)

4.4

4.4 Chairperson's Duty with Respect to Motions

(1) It is the duty of the chairperson at a meeting of Council to receive and to put to the meeting any lawful motion that is brought before the meeting.

(2) The chairperson must rule out of order any motion that is unlawful or the implementation of which would be unlawful.

(3) Any motion, amendment or other matter that the chairperson has ruled out of order is taken to have been rejected.

Reg 238

4.5 4.5 Recognition of Chairperson

(1) In addressing Council, Councillors and other persons addressing the Council shall at


all times speak through the chairperson. (2) Councillors and other persons addressing the Council shall at all times show

appropriate respect and observe the ruling of the chairperson. (3) A Councillor, despite the clauses immediately above, may, through a motion of

dissent, challenge a ruling from the chairperson.

Supp Prov

4.6

4.6 Mode of Address

(1) In addressing Council, Councillors and other persons addressing the Council will use the appropriate mode of address to the Mayor, deputy Mayor, fellow Councillors, employees of Council, and members of the public in attendance.

(2) Councillors shall refrain from the use of defamatory, offensive or inappropriate words in reference to any Councillors, employees of Council and members of the public consistent with the Council’s Code of Conduct.

(3) Councillors shall not make imputations of improper motives or personal reflections on Councillors, employees of Council and members of the public, consistent with the Council’s Code of Conduct.

Supp Prov

5.0 PART 5 - MEETING AGENDA AND BUSINESS

5.1

5.1 Order of Business

(1) At a meeting of Council (other than an Extraordinary meeting), the general Order of Business is (except as provided by the Regulations) as fixed by this Code or as fixed by resolution of the Council.

(2) The Order of Business fixed under subclause (1) may be altered if a motion to that effect is passed. Such a motion can be moved without notice.

(3) Despite Reg 250 Speaking to Motions (Clause 8.4), only the mover of a motion referred to in subclause (2) may speak to the motion before it is put.

Reg 239

Order of Business The Order of Business followed at Council meetings is:

1. Acknowledgement of Country 2. Welcome and Evacuation Message 3. Apologies 4. Public Forum - Questions and Deputations relating to items on the Agenda 5. Petitions 6. Confirmation of Minutes of Previous Meetings 7. Disclosures of Interest 8. Mayoral Minute 9. Notices of Motion 10. Notices of Rescission 11. Questions on Notice from Councillors 12. Reports 13. Delegates Reports 14. (a) Mayoral Briefing

(b) General Manager’s Briefing


15. Urgent Business (Questions to be Taken on Notice) 16. Closed Session of Council

Supp Prov

5.2

5.2 Business Paper for Council Meetings

Agenda and business papers for Council meetings (1) The General Manager must send each Councillor notice of the business to be dealt

with at the upcoming meeting. The agenda must indicate: (a) all business (if any) which has arisen from a former meeting; (b) any matter that the Mayor intends to put to the meeting; and (c) any business of which ‘due notice’ has been given.

DLG PN16 1.4.1

(2) The amount of time that is ‘due notice’ is as set under this Code (Clause 5.5 Giving Notice of Business).

Supp Prov

(3) The General Manager must not include in the agenda for a meeting of the Council any business of which due notice has been given if, in the opinion of the General Manager, the business is (or the implementation of the business would be) unlawful. The General Manager must report (without giving details of the item of business) any such exclusion to the next meeting of the Council.

(4) The General Manager must cause the agenda for a meeting of the Council or a committee of the Council to be prepared as soon as practicable before the meeting.

(5) The General Manager must ensure that the details of any item of business to which LGA section 9 (2A) applies (Clause 5.3) are included in a business paper for the meeting concerned.

(6) Nothing in this clause limits the powers of the chairperson under Reg 243 (Mayoral Minute).

Reg 240

5.3

5.3 Distribution of Business Papers

Council Business Papers (1) Agendas for Ordinary Council meetings will be distributed on the Tuesday in the

week preceding the meeting. Agendas and Council business papers are available to the press and public on the Council’s website www.esc.nsw.gov.au and through the Customer Service Centre, and are available free of charge.

Supp Prov

Public notice of meetings (2) Council must have available for the public at its offices and at each meeting copies

(for inspection or taking away by any person) of the agenda and the associated business papers (such as correspondence and reports) for the meeting.

(2A) In the case of a meeting whose agenda includes the receipt of information or discussion of other matters that, in the opinion of the General Manager, is likely to take place when the meeting is closed to the public: (a) the agenda for the meeting must indicate that the relevant item of business is of

such a nature (but must not give details of that item), and (b) the requirements of subsection (2) with respect to the availability of business

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


papers do not apply to the business papers for that item of business. (3) The copies are to be available to the public as nearly as possible to the time they

are available to Councillors. (4) The copies are to be available free of charge. (5) A notice given under this section or a copy of an agenda or of a business paper

made available under this section may in addition be given or made available in electronic form.

LGA Sec 9(2)-(5)

5.4

5.4 Distribution of Other Materials

Public access to reports (1) Council must, during or at the close of a meeting, or during the business day

following the meeting, give reasonable access to any person to inspect reports laid on the table at, or submitted to, the meeting.

(2) This section does not apply if the reports: (a) relate to a matter that was received or discussed, or (b) were laid on the table at, or submitted to the meeting, (c) when the meeting was closed to the public.

(3) This section does not apply if the Council resolves at the meeting, when open to the public, that the reports, because they relate to a matter specified in LGA section 10A (2), are to be treated as confidential (Clause 12.2).

LGA Sec 11

5.5

5.5 Giving Notice of Business

(1) Council must not transact business at a meeting of the Council: (a) unless a Councillor has given notice of the business in writing no later than

4.30pm on the Friday preceding the distribution of the agenda for an Ordinary meeting, or as fixed by resolution of the Council

Supp Prov (consistent with Reg 241) and (b) unless notice of the business has been sent to the Councillors in accordance

with LGA section 367 (an Extraordinary meeting in an emergency). (2) Subclause (1) does not apply to the consideration of business at a meeting if the

business: (a) is already before, or directly relates to a matter that is already before, the

Council, or (b) is the election of a chairperson to preside at the meeting as provided by Reg 236

(1) (see Clause 4.2), or (c) is a matter or topic put to the meeting by the chairperson in accordance with

Reg 243 (see Clause 5.7), or (d) is a motion for the adoption of recommendations of a committee of the Council.

Reg 241(1)-(2)

5.6

5.6 Dealing with Matters Without Notice

Giving notice of business (1) Despite Reg 241, subclause (1) (Clause 5.5), business may be transacted at a

meeting of Council even though due notice of the business has not been given to


the Councillors. However, this can happen only if: (a) a motion is passed to have the business transacted at the meeting, and (b) the business proposed to be brought forward is ruled by the Chairperson to be

of great urgency. Such a motion can be moved without notice.

(2) Despite Reg 250 Speaking to Motions (Clause 8.4) only the mover of a motion referred to in Reg 241, subclause (3) can speak to the motion before it is put.

Reg 241(3)-(4) Questions without Notice

(3) Councillors, just prior to the end of an ordinary Council meeting, may raise questions to be taken on notice, on the understanding that the answers may not be provided until a subsequent meeting.

(4) When such questions are listed, an answer may be given straight away if it is practical to do so, but cannot be guaranteed.

(5) Each Councillor will be allowed a maximum of two (2) such questions. (6) Such questions will be limited to five (5) minutes and must be specific, succinct,

without argument, and confined to non-operational issues. (7) Such questions regarding operational issues will not be accepted, as there are

alternative channels available to deal with these issues outside of meetings. (8) Such questions will be recorded in the minutes of the meeting.

Supp Prov

5.7

5.7 Mayoral Minute

Official minutes

(1) If the Mayor is the chairperson at a meeting of Council, the chairperson is, by minute signed by the chairperson, entitled to put to the meeting without notice any matter or topic that is within the jurisdiction of the Council or of which the Council has official knowledge.

(2) Such a minute, when put to the meeting, takes precedence over all business on the Council's agenda (business paper) for the meeting. The chairperson (but only if the chairperson is the Mayor) may move adoption of the minute without the motion being seconded.

(3) A recommendation made in a minute of the chairperson (being the Mayor) or in a report made by a Council employee is, so far as adopted by the Council, a resolution of the Council.

Reg 243

5.8

5.8 Agenda for Extraordinary Meetings

(1) The General Manager must ensure that the agenda for an Extraordinary meeting of Council deals only with the matters stated in the notice of the meeting.

Reg 242(1)

5.9

5.9 Dealing with matters without notice at an Extraordinary Meeting

Agenda for Extraordinary meetings

(1) Despite (Clause 5.8) Reg 242 subclause (1), business may be transacted at an Extraordinary meeting of Council even though due notice of the business has not


been given to the Councillors. However, this can happen only if: (a) a motion is passed to have the business transacted at the meeting, and (b) the business proposed to be brought forward is ruled by the chairperson to be

of great urgency. (2) Such a motion can be moved without notice but only after the business notified in

the agenda for the meeting has been disposed of. (3) Despite Reg 250 Speaking to Motions (Clause 8.4), only the mover of a motion

referred to in subclause (2) can speak to the motion before it is put. (Clause 8.4)

Reg 242(2)-(3)

5.10

5.10 Members of the Public Addressing Council

(1) Council actively encourages participation of residents in the decision-forming process and hearing from people regarding matters raised in the business paper. Council makes provisions for members of the public to address Council at its meetings, as set out in this Code.

(2) Speakers are required not to make insulting or defamatory statements, and to take care when discussing other people’s personal information (with or without their consent).

(3) Members of the public who wish to address a meeting are required under this Code to provide information that is ‘personal information’ for the purposes of the Privacy and Personal Information Protection Act (1998). The information will be stored in Council’s records system. The purpose of collecting this information is to enable the Council to maintain a record of those persons who wish to address a meeting of the Council about items on the agenda and to highlight to those persons the relevant provisions relating to the conduct of a meeting as contained in this Code. The information may also be made available to other persons where such access is in accordance with the relevant regulations and requirements in this regard.

Supp Prov Public Forum - Matters Not Listed on the Agenda

(4) Council will hold Public Forum sessions prior to ordinary Council meetings, where members of the public may make presentations to Councillors on any matters not included in the meeting agenda.

(5) These Public Forum sessions will be limited to thirty (30) minutes in duration. (6) These sessions will not form part of the Council meetings and will not be recorded

in those meetings’ minutes. (7) Persons wishing to make presentations during these sessions should notify Council’s

Executive Support (4474 1358) no later than noon of the business day prior to the meeting, specifying the subject of the presentation.

(8) Any presentation provided in writing to Council prior to or on the day of the meeting will be published on the Council website.

(9) If the presenter requires a response, they must supply their name and contact information for correspondence (postal or email address). A response will be provided in writing to the presenter as soon as practicable after the conclusion of the meeting.

Supp Prov Public Forum - Matters Listed on the Agenda


(10) The first 30 minutes of Council meetings are available for members of the public to address the Council or submit questions, either verbally or in writing, on matters included in the business paper for that meeting.

(11) These Public Forum sessions form part of Council meetings and will be recorded in those meetings’ minutes.

(12) Members of the public will be permitted a maximum of five (5) minutes to address the Council. A three (3) minute extension of time may be granted if deemed necessary by the Council.

(13) Public addresses to the Council meeting will be recorded (see Clause 5.12). When members of the public address the Council they are asked to state their name and the nature of their address for the record.

(14) Members of the public should notify Council’s Executive Support (4474 1358) no later than noon of the business day prior to the meeting, specifying the subject of the question and/or presentation, to facilitate preparation of the agenda and so that an attempt to prepare a suitable response may be made.

(15) When a question and/ or presentation has not been notified to Council prior to the day of the meeting, a response may be given during the meeting if it is practical to do so, but cannot be guaranteed.

(16) If a suitable response to the question and/ or presentation cannot be given during the meeting it will be provided to the presenter as soon as practicable after the conclusion of the meeting.

(17) A written copy of any question and/ or presentation must be provided to Council on the day of the meeting. Presenters must provide their name and postal or email address if a response is required.

(18) Written acknowledgement of their question and/ or presentation will be provided as soon as practicable after the conclusion of the meeting to presenters who provide their postal or email address for this purpose.

(19) Members of the public are not permitted to raise matters or provide information specified in LGA section 10A, which involves: (a) personnel matters concerning particular individuals; (b) personal hardship of any resident or ratepayer; (c) information that would, if disclosed confer a commercial advantage on a person

with whom 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 or information concerning the nature and location of a place;

(h) an item of Aboriginal significance on community land. (i) alleged contraventions of any Code of conduct requirements applicable under

section 440 of the Act. (20) Members of the public must: be mindful of the laws relating to defamation and


libel, as no protection is available to them when making statements at Council meetings; confine their presentation to a statement of facts; not insult or make personal reflections, allegations or impute improper motives to any Councillor or member of staff; not say or do anything that is inconsistent with maintaining order at the meeting or is likely to bring Council into contempt; and allow other speakers to put their views without interruption.

(21) Members of the public will not be permitted to use Public Forum for the purpose of abusing, vilifying, insulting, threatening, intimidating or harassing Councillors, staff or other members of the public. Conduct of this nature will be deemed to be an act of disorder and the person engaging in such behaviour will be ruled out of order by the chairperson and may be expelled from the meeting.

(22) If a presenter is asked to withdraw and/or apologise for comments or behaviour and refuses to do so, the chairperson may expel them from the meeting or workshop, and the presenter will not be able to address Council or a workshop until an apology has been made. For a presenter to be allowed to present again they must first apologise at a Council meeting, however will not be able to present at that same meeting.

(23) Councillors are not entitled to use public forum for any purpose given the extensive opportunities available for raising matters formally. This includes where a Councillor has a pecuniary interest.

Supp Prov

Other Provisions for Addressing Council

(24) A member of the public who wishes to address a Council meeting on a motion that the meeting be closed to the public for discussion on a confidential item may address the Council for up to two (2) minutes, as to whether that part of the meeting should be closed.

(25) Apart from the circumstances referred to in the clauses above, and in view of the opportunity provided to members of the public to address meetings of committees, no other provision is made for members of the public to address meetings of Council.

Supp Prov

5.11

5.11 Public Recording of Meetings prohibited without Council authority

(1) A person may use a tape recorder to record the proceedings of a meeting of the Council or a committee of a Council only with the authority of the Council or committee.

(2) Council will allow any person to use a tape recorder to record the proceedings of an open session of any Council meeting, unless a resolution of the Council is adopted to prohibit a specific item or matter which is before the Council from being recorded. The resolution is to specify the reason why the prohibition is being made.

(3) No person shall record the proceedings of any Council committee meeting without first seeking permission and the committee passing a resolution to allow the recording.

(4) A person may, as provided by LGA section 10(2) (a) or (b), be expelled from a meeting of the Council or a committee of the Council for using or having used a tape recorder in contravention of this clause.


(5) If any such person, after being notified of a resolution or direction expelling him or her from the meeting, fails to leave the place where the meeting is being held, a police officer, or any person authorised for the purpose by the Council or person presiding, may, by using only such force as is necessary, remove the first-mentioned person from that place and, if necessary, restrain that person from re-entering that place.

(6) In this clause, a ‘tape recorder’ includes a video camera and any electronic device capable of recording speech and or video, whether a magnetic tape is used to record or not. As this clause applies to tape recordings and devices, it also applies to still photographs and audio visual recordings at Council or committee meetings.

(7) Under no circumstances shall any confidential session of the Council or committee meeting be recorded.

(8) The Mayor and General Manager reserve the right to prevent the taking of still photographs and/or audio visual recordings if in the circumstances it would be inappropriate.

Reg 273

(9) If permission has been granted to take still photographs and/ or audio visual recordings at a meeting, the Mayor will advise all present that their image may be recorded, with respect to the principles of Privacy protection.

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5.12

5.12 Audio Recording of Meetings by Council Staff

(1) Audio recordings of Council and Council committee meetings may be made by Council staff for the purpose of: (a) assisting in the preparation of minutes; (b) ensuring decisions are accurately recorded; and (c) verifying the accuracy of minutes prior to their confirmation

(2) Full written transcriptions of such proceedings shall not be available.

(3) Recordings are not to be used except in accordance with this Code.

(4) Subject to technological availability, audio recordings of Council meetings may also be available via the Council’s website after the meeting, to facilitate greater community access to Council proceedings.

(5) In accordance with State Records General Disposal Authority – Local Government Records - GA39 , Council-produced recordings of meetings under this clause are to be kept for a minimum period of three (3) months and a maximum of two (2) years after the date of the last action arising from the recording, and then destroyed.

(6) During the archive period, access to audio recordings will be available as follows: (a) via the Council’s website for listening and/ or viewing by members of the public. (b) for a nominated fee, electronic copies of recordings may be provided to

members of the public, for the purpose of verifying accuracy of the minutes (c) for complying with court orders, warrants, subpoenas or legislation.

Supp Prov


6.0 PART 6 - DECLARATIONS OF INTERESTS

6.1

6.1 What is a Pecuniary Interest?

What is a “pecuniary interest”?

(1) For the purposes of this chapter, a “pecuniary interest” is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person.

(2) A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter or if the interest is of a kind specified in LGA section 448 (Clause 6.2 below).

LGA Sec 442

6.2

6.2 Interests that do not require disclosure

What interests do not have to be disclosed?

The following interests do not have to be disclosed for the purposes of this Chapter: (a) an interest as an elector, (b) an interest as a ratepayer or person liable to pay a charge, (c) an interest in any matter relating to the terms on which the provision of a service or

the supply of goods or commodities is offered to the public generally, or to a section of the public that includes persons who are not subject to this Part,

(d) an interest in any matter relating to the terms on which the provision of a service or the supply of goods or commodities is offered to a relative of the person by the Council in the same manner and subject to the same conditions as apply to persons who are not subject to this Part,

(e) an interest as a member of a club or other organisation or association, unless the interest is as the holder of an office in the club or organisation (whether remunerated or not),

(f) an interest of a member of a Council committee as a person chosen to represent the community or as a member of a non-profit organisation or other community or special interest group if the committee member has been appointed to represent the organisation or group on the committee,

(g) an interest in a proposal relating to the making, amending, altering or repeal of an environmental planning instrument other than an instrument that effects a change of the permissible uses of: (i) land in which the person or a person, company or body referred to in LGA

section 443 (1) (b) or (c) has a proprietary interest (which, for the purposes of this paragraph, includes any entitlement to the land at law or in equity and any other interest or potential interest in the land arising out of any mortgage, lease, trust, option or contract, or otherwise), or

(ii) land adjoining, adjacent to or in proximity to land referred to in subparagraph (i), if the person or the person, company or body referred to in LGA section 443 (1) (b) or (c) would by reason of the proprietary interest have a pecuniary interest in the proposal,

(h) an interest relating to a contract, proposed contract or other matter if the interest arises only because of a beneficial interest in shares in a company that does not


exceed 10 per cent of the voting rights in the company, (i) an interest of a person arising from the proposed making by the Council of an

agreement between the Council and a corporation, association or partnership, being a corporation, association or partnership that has more than 25 members, if the interest arises because a relative of the person is a shareholder (but not a director) of the corporation or is a member (but not a member of the committee) of the association or is a partner of the partnership,

(j) an interest of a person arising from the making by the Council of a contract or agreement with a relative of the person for or in relation to any of the following, but only if the proposed contract or agreement is similar in terms and conditions to such contracts and agreements as have been made, or as are proposed to be made, by the Council in respect of similar matters with other residents of the area: (i) the performance by the Council at the expense of the relative of any work or

service in connection with roads or sanitation, (ii) security for damage to footpaths or roads, (iii) any other service to be rendered, or act to be done, by the Council by or under

any Act conferring functions on the Council or by or under any contract, h) an interest relating to the payment of fees to Councillors (including the Mayor and

deputy Mayor), i) an interest relating to the payment of expenses and the provision of facilities to

Councillors (including the Mayor and deputy Mayor) in accordance with a policy under LGA section 252 (Councillors’ Expenses Policy),

j) an interest relating to an election to the office of Mayor arising from the fact that a fee for the following 12 months has been determined for the office of Mayor,

k) an interest of a person arising from the passing for payment of a regular account for wages or salary of an employee who is a relative of the person,

l) an interest arising from being covered by, or a proposal to be covered by, indemnity insurance as a Councillor or member of a Council committee;

m) an interest arising from appointment of a Councillor to a body as representative or delegate of the Council, whether or not a fee or other recompense is payable to the representative or delegate.

LGA Sec 448

6.3

6.3 Who has a Pecuniary Interest?

(1) For the purposes of this Chapter, a person has a pecuniary interest in a matter if the pecuniary interest is the interest of: (a) the person, or (b) the person's spouse or de facto partner or a relative of the person, or a partner

or employer of the person, or (c) a company or other body of which the person, or a nominee, partner or

employer of the person, is a member. (2) However, a person is not taken to have a pecuniary interest in a matter as referred

to in subsection (1) (b) or (c): (a) if the person is unaware of the relevant pecuniary interest of the spouse, de

facto partner, relative, partner, employer or company or other body, or (b) just because the person is a member of, or is employed by, the Council or a

statutory body or is employed by the Crown, or


(c) just because the person is a member of, or a delegate of the Council to, a company or other body that has a pecuniary interest in the matter, so long as the person has no beneficial interest in any shares of the company or body.

LGA Sec 443

6.4

6.4 Disclosure of Pecuniary Interests and Presence in Meetings

(1) A Councillor or a member of a Council committee who has a pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable.

(2) The Councillor or member must not be present at, or in sight of, the meeting of the Council or committee: (a) at any time during which the matter is being considered or discussed by the

Council or committee, or (b) at any time during which the Council or committee is voting on any question in

relation to the matter. (3) For the removal of doubt, a Councillor or a member of a Council committee is not

prevented by this section from being present at and taking part in a meeting at which a matter is being considered, or from voting on the matter, merely because the Councillor or member has an interest in the matter of a kind referred to in LGA section 448 (Clause 6.2)

LGA Sec 451

Declarations of Pecuniary Interest

(3) A Councillor who has a pecuniary interest in a matter being considered at a Council or committee meeting must disclose the existence of the interest and also the nature of that interest. Councillors are requested to make such a disclosure in writing and provide the written disclosure to the General Manager prior to the meeting.

(4) A Councillor, having disclosed a pecuniary interest, must not be present at the meeting when the matter is being considered, discussed or voted on.

(5) A Councillor with a pecuniary interest in a matter is not counted for the purposes of quorum on that matter.

Supp Prov

6.5

6.5 Sufficient General Disclosure

A general notice given to the General Manager in writing by a Councillor or a member of a Council committee to the effect that the Councillor or member, or the Councillor’s or member’s spouse, de facto partner or relative, is:

(a) a member, or in the employment, of a specified company or other body, or (b) a partner, or in the employment, of a specified person,

is, unless and until the notice is withdrawn, sufficient disclosure of the Councillor’s or member’s interest in the matter relating to the specified company, body or person that may be the subject of consideration by the Council or Council committee after the date of the notice.

LGA Sec 454


6.6

6.6 Disclosure of Non-Pecuniary Interests

(1) A Councillor or a member of a Council committee who has a non-pecuniary interest in any matter with which the Council is concerned, and who is present at a meeting of the Council or committee at which the matter is being considered, must consider disclosing a non-pecuniary interest prior to the meeting, in accordance with the Council’s Code of Conduct.

(2) A disclosure in accordance with subclause (1) must indicate the nature of the non-pecuniary interest.

(3) Under the Code of Conduct, Councillors should note that matters before Council involving campaign donors may give rise to a non-pecuniary conflict of interests.

Supp Prov

6.7

6.7 Disclosure by Adviser

(1) A person who, at the request or with the consent of the Council or a Council committee, gives advice on any matter at any meeting of the Council or committee must disclose the nature of any pecuniary interest the person has in a matter to the meeting at the time the advice is given.

(2) The person is not required to disclose the person’s interest as an adviser.

LGA Sec 456

6.8

6.8 Circumstances Where Disclosure Rules are not Breached

A person does not breach LGA section 451 or 456 (Clause 6.4 and 6.7) if the person did not know and could not reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest.

LGA Sec 457

6.9

6.9 Disclosure to be Recorded in Minutes

A disclosure made at a meeting of the Council or Council committee must be recorded in the minutes of the meeting.

LGA Sec 453

7.0 PART 7 - QUESTIONS AND TABLING OF MATTERS

7.1

7.1 Questions to Councillors and Employees

Questions may be put to Councillors and Council employees

(1) A Councillor: (a) may, through the chairperson, put a question to another Councillor, and (b) may, through the General Manager, put a question to a Council employee.

(2) However, a Councillor or Council employee to whom a question is put is entitled to be given reasonable notice of the question and, in particular, sufficient notice to enable reference to be made to other persons or to documents.

(3) The Councillor must put every such question directly, succinctly and without argument.

(4) The chairperson must not permit discussion on any reply or refusal to reply to a question put to a Councillor or Council employee under this clause.

Reg 249


7.2

7.2 Questions to General Manager

(1) The General Manager may exercise the option to take on notice a question raised under Clause 7.1.

(2) A question raised under Clause 7.1 and taken on notice may be answered in writing directly to the Councillor raising the question or by way of inclusion in the General Manager’s report at subsequent meetings.

Supp Prov

7.3

7.3 Questions on Notice

(1) Questions on Notice must be lodged in writing with the General Manager or specified delegate no later than 4.30pm on the Friday before the distribution of the agenda of the meeting of Council at which the Questions on Notice are to be considered.

(2) Questions on Notice must directly relate to the business of Council and must comply with Clause 7.1 (3).

(3) Questions should not contain: (a) statements of facts or names of persons unless they are strictly necessary to

render the question intelligible and can be authenticated; (b) argument; (c) inference; (d) imputation.

(4) Questions should not ask for legal opinion to be provided at the Council meeting. (5) Questions should not refer to confidential matters that have been previously, or are

yet to be, discussed by Council in closed session, nor refer to confidential matters as listed in LGA section 10A(2) (Clause 12.2).

(6) The General Manager or specified delegate may exclude from the agenda any Question on Notice which may have the effect of exposing a Councillor, the Council, or a member of staff, to an action for defamation.

(7) The General Manager or specified delegate may return to a Councillor any Question on Notice that does not comply with the Code of Meeting Practice and provide a written reason. The question may be rewritten and resubmitted in accordance with Clause 7.3 (1).

(8) A Councillor may appeal to the Mayor against a decision of the General Manager or specified delegate made under Clause 7.3 (7). The Mayor will decide in those circumstances if the Question on Notice complies with this Code.

(9) The Mayor may rule that a Question on Notice does not comply with this Code, notwithstanding a decision made under Clause 7.3 (7) - and in such cases the Mayor is to provide a written reason for such a decision.

(10) The Council business papers may include supplementary answers to previous questions, following Questions on Notice.

(11) Should a Question on Notice have any resource implications, financial or otherwise, the General Manager will advise Council. This advice will be included in the business paper.

Supp Prov


7.4

7.4 Matters for Tabling – Pecuniary Interests

Register and tabling of returns

(1) The General Manager must keep a register of returns required to be lodged with the General Manager under section 449.

(2) The returns required to be lodged with the General Manager under section 449 must be tabled at a meeting of the Council, being: (a) in the case of a return lodged in accordance with section 449(1) – the first

meeting held after the last day for lodgement under that subsection, or (b) in the case of a return lodged in accordance with section 449(3) – the first

meeting held after the last day for lodgement under that subsection, or (c) in the case of a return otherwise lodged with the General Manager – the first

meeting after the lodgement.

LGA Sec 450A

Disclosures in Business Paper

(3) The business paper for a Council meeting will include a reference to any disclosure of interests of Councillors and designated persons which are to be tabled at the meeting.

Supp Prov

7.5

7.5 Matters for Tabling – Petitions

Petitions

(1) The Mayor and Councillors may table original petitions at meetings of Council. (2) Petitions must:

(a) be addressed to the Mayor and Councillors of Eurobodalla Shire Council, (b) be clearly written, typed or printed and not have anything attached to it and not

contain any alterations, (c) state the facts which the petitioners wish to bring to the notice of the Council, (d) conclude with a request that the Council do, or do not do, something or take

some course of action, (e) contain at least one signature.

(3) Petitions must be lodged in writing with the General Manager or their delegate no later than 4.30pm on the Friday preceding the distribution of the agenda for the meeting of Council at which the petition is to be considered.

(4) If notice of the petition has not been given, Council must not discuss the matter, unless a motion is passed in accordance with Reg 241 (3) Motion without Notice (Clause 8.11), but may resolve to receive and note the petition or to include the petition on the agenda of the next meeting of the relevant committee.

(5) With respect to subclause (6), only the subject matter of a petition and name of the petitioner may be published in Council’s business papers, and not the personal information of the signatories.

Supp Prov

(6) Care should be taken to follow the Privacy and Personal Information Protection Act 1998 (PPIPA) with respect to the use and communication of personal information contained in petitions. Sect.18 of PPIPA provides that Council may not communicate


personal information unless it is directly related to the reason why the information was collected, and the Council has no reason to believe that the person concerned would object. Communication of the information can also take place if a person is likely to have been aware (or has been made aware in line with section 10 of PPIPA) that this type of information is usually told to another person or organisation.

DLG PN16 2.14.2

8.0 PART 8 - MOTIONS

8.1

8.1 Notice of Motion

Notices of Motion

(1) Notices of Motion must be lodged in writing with the General Manager or their delegate no later than 4.30pm on the Friday preceding the distribution of the agenda for the meeting of Council at which the Notices of Motion are to be considered.

(2) Councillors are to ensure, where it is intended that staff be asked to carry out some specific defined action, that a Notice of Motion is written in such a way that, if carried, the motion carries such clear and unambiguous direction.

(3) The rules applying to the content of Questions also apply to the content of Notices of Motion.

Supp Prov

Other motions

(4) The rules applying to the content of Questions on Notice and Notices of Motion apply to the content of any other motion or amendment moved at a Council or committee meeting.

(5) Councillors are asked, where they propose to move an amendment to a staff recommendation, a committee recommendation, a Notice of Motion or any recommendation printed in the business paper, to provide copies of the proposed amendment to the General Manager at, or prior to, the start of the meeting, for circulation to all Councillors and relevant staff.

(6) Should a Notice of Motion have any resource implications, financial or otherwise, the General Manager will advise Council. This advice will be included in the business paper.

Supp Prov

8.2

8.2 Notice of Motion - Absence of Mover

In the absence of a Councillor who has placed a notice of motion on the agenda (business paper) for a meeting of the Council:

(a) any other Councillor may move the motion at the meeting, or (b) the chairperson may defer the motion until the next meeting of the Council at

which such motion can be considered. Reg 245

8.3

8.3 Motions to be Seconded

A motion or an amendment cannot be debated unless or until it has been seconded. This clause is subject to Reg 243(2) Mayoral Minute (Clause 5.7) and Reg 250 (5) (where a motion has been put – Clause 9.4).


Reg 246

8.4

8.4 Speaking to Motions

(1) A Councillor who, during a debate at a meeting of Council, moves an original motion has the right of general reply to all observations that are made by another Councillor during the debate in relation to the motion and to any amendment to it, as well as the right to speak on any such amendment.

(2) A Councillor, other than the mover of an original motion, has the right to speak once on the motion and once on each amendment to it.

Reg 250 (1)-(2)

8.5

8.5 Speaking to a Misrepresentation or Misunderstanding

(1) A Councillor must not, without the consent of the Council, speak more than once on a motion or an amendment, or for longer than 5 minutes at any one time. However, the chairperson may permit a Councillor who claims to have been misrepresented or misunderstood to speak more than once on a motion or an amendment, and for longer than 5 minutes on that motion or amendment to enable the Councillor to make a statement limited to explaining the misrepresentation or misunderstanding.

Reg 250 (3)

(2) Nothing in Clauses 8.4 or 8.5 affects questions being asked, with the leave of the chairperson, relevant to any matter under discussion at a meeting.

Supp Prov

8.6

8.6 Variations to Motions

A Councillor may seek to vary a motion by: (a) obtaining the unanimous consent of Council; or (b) proposing an amendment to the motion.

Supp Prov

8.7

8.7 Variations by Consent

(1) If a Councillor, including the seconder to the original motion, proposes a variation to a motion, the chairperson shall ask whether any Councillor objects to the variation.

(2) If there is no objection, the proposed variation is adopted into the motion by consent of the Council.

(3) If there is an objection, the proposed variation must be dealt with as an amendment and seconded and voted on accordingly.

(4) If the variation is proposed by the seconder to the original motion, but not accepted by Councillors, then a new seconder should be sought for the original motion.

Note: The intention of a variation by consent is to enable a change to a motion that is non-contentious, improves clarity or effects a correction. This is also consistent with the common law rule that a seconder to a motion cannot move an amendment but enables a seconder to move a variation.

Supp Prov


8.8

8.8 Amendments to Motions

(1) An amendment is a proposition to alter a motion that is under consideration by the meeting and not subject to the notice of motion requirements set out at Clause 8.1.

(2) An amendment must be moved and seconded. (3) To be accepted as an amendment, it must relate to the motion. (4) The amendment must also be moved before the debate on the motion has been

concluded and the right of reply of the mover of the motion has been exercised. (5) An amendment cannot be accepted if it is a direct rebuttal of the motion it seeks to

amend. (6) The proposed amendment must be relevant to the motion. (7) An amendment should not be moved that is substantially the same as an earlier

rejected amendment on the motion. (8) An amendment that is in opposition to an amendment already accepted should not

be moved or accepted for debate. (9) In the situation where a number of amendments have been foreshadowed, it is

important that they should be considered in due succession ensuring the practicality of the motion.

(10) Each amendment is separately considered and voted on. (11) Only one amendment may be considered by the meeting at any one time. Debate is

confined to the amendment under consideration although during debate a Councillor may foreshadow a motion or amendment.

(12) Once an amendment has been moved and seconded, it cannot be withdrawn without the consent of the meeting.

Supp Prov

8.9

8.9 How Subsequent Amendments may be Moved

If an amendment has been rejected, a further amendment can be moved to the motion to which the rejected amendment was moved, and so on, but no more than one motion and one proposed amendment can be before the Council at any one time.

Reg 247

8.10

8.10 Foreshadowed Motions or Amendments

(1) It is possible to advise the Council of an intention to put forward a motion or amendment that relates to a motion currently before the Council. However, the chairperson cannot accept the new motion until the first motion is decided.

(2) Foreshadowed motions and amendments will be considered in the order they were notified to the meeting.

(3) The chairperson may exercise discretion and recommend to the meeting a change of order for foreshadowed motions or amendments.

(4) Foreshadowed motions/ amendments are still subject to clause 8.3 (to be moved and seconded).

Supp Prov


8.11

8.11 Motions without Notice

Giving notice of business

(1) Despite subclause (1), Clause 8.1 Notices of Motion, business may be transacted at a meeting of Council even though due notice of the business has not been given to the Council. However, this may only occur if: (a) a motion is passed to have the business transacted at the meeting, and (b) the business proposed to be brought forward is ruled by the chairperson to be

of great urgency. Such a motion can be moved without notice.

Reg 241(3)

(2) If, after the Councillor has addressed the Council, the chairperson has ruled the matter is of great urgency, then the motion is moved, seconded, debated and voted on.

(3) If the chairperson rules the motion is not urgent, then no further debate on the matter is to be permitted.

(4) If the chairperson rules the motion is not urgent, a Councillor may move a motion of dissent.

Supp Prov

8.12

8.12 Defeated Motions

If a motion at a Council meeting has been lost, a motion having the same effect may not be brought forward within 3 months, unless by a Mayoral Minute or by a report from a committee of Council.

Supp Prov

9.0 PART 9 - PROCEDURAL MOTIONS

9.1

9.1 General Procedural Motions

(1) A procedural motion is a motion that refers to the conduct of a meeting. (2) Procedural motions are not subject to the notice of motion requirements in Clause

8.1 Notices of Motion. (3) In general, a procedural motion requires a seconder. (4) A procedural motion has precedence over substantive motions and must be put to

the meeting for a decision.

Supp Prov

9.2

9.2 Point of Order

(1) A Councillor may draw the attention of the chairperson to an alleged breach of the Code of Meeting Practice.

(2) The Councillor shall draw the attention of the chairperson by raising a ‘point of order’. A point of order does not require a seconder.

(3) A point of order must be taken immediately it is raised. (4) The chairperson must suspend business before the meeting and permit the

Councillor raising the point of order to state the meeting procedure he/she believes has been infringed.


(5) Immediately this has been done, the chairperson should rule - either upholding the point of order or overruling it.

Supp Prov

9.3

9.3 Motions of Dissent

(1) A Councillor can, without notice, move to dissent from the ruling of the chairperson on a point of order. If that happens, the chairperson must suspend the business before the meeting until a decision is made on the motion of dissent.

(2) If a motion of dissent is passed, the chairperson must proceed with the suspended business as though the ruling dissented from had not been given. If, as a result of the ruling, any motion or business has been discharged as out of order, the chairperson must restore the motion or business to the agenda and proceed with it in due course.

(3) Despite Reg 250 (Clause 9.4), only the mover of a motion of dissent and the chairperson can speak to the motion before it is put. The mover of the motion does not have a right of general reply.

Reg 248

(4) A motion of dissent does not require a seconder.

Supp Prov

9.4

9.4 Putting the Motion or Amendment

Limitation as to number of speeches

(1) Despite clause 250, subclause (1) and (2) (Clause 8.4), a Councillor may move that a motion or an amendment be now put:

(a) if the mover of the motion or amendment has spoken in favour of it and no Councillor expresses an intention to speak against it, or

(b) if at least 2 Councillors have spoken in favour of the motion or amendment and at least 2 Councillors have spoken against it.

(2) The chairperson must immediately put to the vote, without debate, a motion moved under subclause (4). A seconder is not required for such a motion.

(3) If a motion that the original motion or an amendment be now put is passed, the chairperson must, without further debate, put the original motion or amendment to the vote immediately after the mover of the original motion has exercised his or her right of reply.

(4) If a motion that the original motion or an amendment be now put is rejected, the chairperson must allow the debate on the original motion or the amendment to be resumed.

Reg 250(4)-(7)

9.5

9.5 Use of Electronic Overhead Screen

During Council or committee meetings recommendations (from staff reports), motions and amendments may be shown on an overhead electronic screen prior to voting.

Supp Prov


10 PART 10 - ORDER AT MEETINGS

10.1

10.1 Observe the Code of Conduct and Code of Meeting Practice

(1) Councillors, employees of Council and other persons at the meeting are required to observe the Code of Conduct and Code of Meeting Practice at all meetings of Council.

(2) Failure on the part of a Councillor or an employee to observe the Code of Meeting Practice may be subject to a complaint under Council’s Code of Conduct.

(3) The chairperson of the meeting, a Councillor, employee or any other person in attendance may report in writing to the General Manager a complaint alleging a breach of the Code of Meeting Practice.

Supp Prov

10.2

10.2 Questions of Order

(1) The chairperson, without the intervention of any other Councillor, may call any Councillor to order whenever in the opinion of the chairperson it is necessary to do so.

(2) A Councillor who claims that another Councillor has committed an act of disorder, or is out of order, may call the attention of the chairperson to the matter.

(3) The chairperson must rule on a question of order immediately after it is raised but, before doing so, may invite the opinion of the Council.

(4) The chairperson's ruling must be obeyed unless a motion dissenting from the ruling is passed.

Reg 255

10.3

10.3 Act of Disorder

(1) A Councillor commits an act of disorder if the Councillor, at a meeting of Council or a committee of a Council:

(a) contravenes the Act or any regulation in force under the Act, or (b) assaults or threatens to assault another Councillor or person present at the

meeting, or (c) moves or attempts to move a motion or an amendment that has an unlawful

purpose or that deals with a matter that is outside the jurisdiction of the Council or committee, or addresses or attempts to address the Council or committee on such a motion, amendment or matter, or

(d) insults or makes personal reflections on or imputes improper motives to any other Councillor, or

(e) says or does anything that is inconsistent with maintaining order at the meeting or is likely to bring the Council or committee into contempt.

(2) The chairperson may require a Councillor:

(a) to apologise without reservation for an act of disorder referred to in subclause (1)(a) or (b), or

(b) to withdraw a motion or an amendment referred to in subclause (1)(c) and, where appropriate, to apologise without reservation, or

(c) to retract and apologise without reservation for an act of disorder referred to in subclause (1)(d) or (e).

(3) A Councillor may, as provided by LGA section 10(2)(a) or (b) (Clause 10.5), be


expelled from a meeting of Council for having failed to comply with a requirement under subclause (2). The expulsion of a Councillor from the meeting for that reason does not prevent any other action from being taken against the Councillor for the act of disorder concerned.

Reg 256

(4) For the purposes of this Clause the question of disorderly conduct is at the discretion of the Chairperson and includes, but is not limited to, conduct where a person, without the consent of the Chairperson or in the opinion of the Chairperson, conducts themselves or behaves in such a way as to interrupt or impede debate by Councillors or the conduct of the meeting.

(5) Examples only of disorderly conduct could include the following (but the ultimate determination is at the Chairperson’s discretion):

(a) Audibly interrupts the conduct of the meeting; (b) Behaves or acts in a manner which disrupts the conduct of the meeting or that is

inconsistent with maintaining order at the meeting; (c) Holds up, waves or displays a placard, banner, sign or document, in a manner

which disrupts the conduct of the meeting or that is inconsistent with maintaining order at the meeting;

(d) Uses any video recorder, camera, filming device, voice recorder, or any electronic recording device without permission of the Council; or

(e) Distributes in the Council Chamber or its precincts Federal, State or Local Government ‘how to vote’ material or other election material without permission of the Council.

Supp Prov

10.4

10.4 Disorder at Meetings - Adjournment

How may disorder at a meeting be dealt with?

(1) If disorder occurs at a meeting of Council, the chairperson may adjourn the meeting for a period of not more than 15 minutes and leave the chair. The Council, on reassembling, must, on a question put from the chairperson, decide without debate whether the business is to be proceeded with or not. This subclause applies to disorder arising from the conduct of members of the public as well as disorder arising from the conduct of Councillors.

(2) A member of the public may, as provided by LGA section 10(2)(a) or (b) (Clause 10.5), be expelled from a meeting of Council for engaging in or having engaged in disorderly conduct at the meeting.

Reg 257

10.5

10.5 Effect of Expulsion

Who is entitled to attend meetings?

A person (whether a Councillor or another person) is not entitled to be present at a meeting of the Council or of such a committee if expelled from the meeting:

(a) by a resolution of the meeting, or (b) by the person presiding at the meeting if the Council has, by resolution,

authorised the person presiding to exercise the power of expulsion.

LGA Sec 10 (2)


10.6

10.6 Warning to Councillors

If the chairperson of the meeting is of the view that the ongoing behaviour of a Councillor is disruptive to the good order of the meeting, the chairperson shall:

(a) warn the Councillor that s/he could face a motion to authorise removal from the meeting if s/he continues to breach the Code of Meeting Practice, and

(b) if a further breach occurs, seek the views of the meeting as to the removal of the Councillor.

Supp Prov

10.7

10.7 Power to Remove Persons from Council Meeting

(1) The power to expel a person or persons from a meeting is delegated to the Mayor or to another chairperson of the meeting in respect of a Council meeting and to the chairperson of each Council committee of which all members are Councillors in respect of a meeting of that committee.

Supp Prov

(2) If a Councillor or a member of the public fails to leave the place where a meeting of the Council is being held: (a) immediately after the Council has passed a resolution expelling the Councillor or

member from the meeting, or (b) where the Council has authorised the person presiding at the meeting to

exercise the power of expulsion - immediately after being directed by the person presiding to leave the meeting,

a police officer, or any person authorised for the purpose by the Council or person presiding, may, by using only such force as is necessary, remove the Councillor or member from that place and, if necessary, restrain the Councillor or member from re-entering that place.

Reg 258

10.8

10.8 The use of Electronic Equipment during Meetings

(1) The use of Personal Digital Assistants, such as Blackberries, iPhones and other smartphones, iPads, mobile phones, laptop computers or other electronic devices should be kept to a minimum during Council Meetings and at all times these devices should be operated only in silent mode.

(2) Councillors’ iPads should be used during meetings only to access Council documents relating to the business paper and / or agenda; or to email lengthy wording of motions or amendments to the Minute Taker.

Supp Prov

11.0 PART 11 - ADJOURNMENT OF MEETINGS

11.1

11.1 Motion to Adjourn Meeting

(1) A Councillor may move the procedural motion “that the meeting be adjourned”. (2) The motion before being put to the vote must be seconded by a Councillor. (3) The mover of the motion may address the meeting on the motion. (4) No further debate on the motion is permitted.

Supp Prov


11.2

11.2 Amendment to Adjourn Meeting Motion

(1) Amendments to the motion are permitted, but only to the extent that they relate to the timing and place of reconvening the meeting.

(2) Amendments to the motion to adjourn a meeting are to be moved and seconded. (3) The mover of the amendment may address the meeting as to the content of the

proposed amendment. (4) Any address to the motion of adjournment or amendment is limited to three (3)

minutes.

Supp Prov

11.3

11.3 Re-convening an Adjourned Meeting

(1) The Notice of Meeting provisions do not apply to a re-convened meeting. (2) A re-convened meeting will commence in accordance with any motion or

amendment and will continue as if there had been no break in the proceedings of the meeting.

(3) To the extent that it is practical, public notice of the re-convened meeting is to be given.

(4) In the circumstances of an adjourned meeting for which there was no specified time and place for the meeting to be re-convened, Council will deal with any unfinished business for which notice was given at the next ordinary meeting of Council.

Supp Prov

12.0 PART 12 - CLOSED MEETINGS

12.1

12.1 Motion to Close Part of the Meeting

Which parts of a meeting can be closed to the public?

Council may close to the public so much of its meeting as comprises: (a) the discussion of any of the matters listed in subclause (2) (clause 12.2), or (b) the receipt or discussion of any of the information so listed.

LGA Sec 10A(1)

12.2

12.2 Grounds to close meetings

(1) The matters and information are the following: (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 any Code of conduct requirements applicable under LGA section 440.

(2) 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.

LGA Sec 10A(2)-(3)

12.3

12.3 Limitations to Closing Meetings

Further limitations relating to closure of parts of meetings to the public

A meeting is not to remain closed during the discussion of anything referred to in LGA section 10A (2) (Clause 12.2):

(a) except for so much of the discussion as is necessary to preserve the relevant confidentiality, privilege or security, and

(b) if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret, unless the Council or committee concerned is satisfied that discussion of the matter in an open meeting would on balance be contrary to the public interest.

LGA Sec 10B(1)

12.4

12.4 Discussion of Legal Matters


A meeting is not to be closed during the receipt and consideration of information or advice referred to in section 10A (2) (g) (Clause 12.2) unless the advice concerns legal matters that:

(a) are substantial issues relating to a matter in which the Council or committee is involved, and

(b) are clearly identified in the advice, and (c) are fully discussed in that advice.

LGA Sec 10B(2)

12.5

12.5 Motions to Close other Parts of a Meeting


If a meeting is closed during the discussion of a motion to close another part of the meeting to the public (as referred to in section 10A (3) (Clause 12.2 (2)), the consideration of the motion must not include any consideration of the matter or information to be discussed in that other part of the meeting (other than consideration of whether the matter concerned is a matter referred to in section 10A (2) (Clause 12.2)).

LGA Sec 10B(3)

12.6

12.6 Matters of Public Interest


For the purpose of determining whether the discussion of a matter in an open meeting would be contrary to the public interest, it is irrelevant that: (a) a person may misinterpret or misunderstand the discussion, or


(b) the discussion of the matter may: (i) cause embarrassment to the Council or committee concerned, or to Councillors

or to employees of the Council, or (ii) cause a loss of confidence in the Council or committee.

Note. This is in similar terms to Division 2 (Public Interest) of the Government Information (Public Access) Act 2009.

LGA Sec 10B(4)

12.7

12.7 Department Guidelines for Meeting Closure


In deciding whether part of a meeting is to be closed to the public, the Council or committee concerned must have regard to any relevant guidelines issued by the Director-General.

LGA Sec 10B(5)

12.8

12.8 Representation by Public Before a Council Meeting is Closed

(1) Council, or a committee of Council, may allow members of the public to make representations to or at a meeting, before any part of the meeting is closed to the public, as to whether that part of the meeting should be closed.

LGA Sec 10A(4) (2) A representation at a Council meeting by a member of the public as to whether a

part of the meeting should be closed to the public can only be made for a fixed period immediately after the motion to close the part of the meeting is moved and seconded.

(3) That period is as fixed by the Council’s Code of Meeting Practice (see subclause (4)) or as fixed by resolution of the Council. Different periods can be fixed according to the different types of matters to be discussed or received and discussed at closed parts of meetings.

Reg 252

(4) A member of the public who wishes to address a Council meeting on a motion that the meeting be closed to the public for discussion on a confidential item may address the Council for up to two (2) minutes, as to whether that part of the meeting should be closed.

Supp Prov

12.9

12.9 Specifying Grounds for Closing Meetings

Grounds for closing part of meeting to be specified

(1) The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.

(2) The grounds must specify the following: (a) the relevant provision of Section 10A (2) (Clause 12.2), (b) the matter that is to be discussed during the closed part of the meeting, (c) the reasons why the part of the meeting is being closed, including (if the matter

concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in an open meeting


would be, on balance, contrary to the public interest.

LGA Sec 10D

12.10

12.10 Notice of Closure not required in Urgent Cases

Part of a meeting of Council may be closed to the public while the Council or committee considers a matter that has not been identified in the agenda for the meeting as a matter that is likely to be considered when the meeting is closed, but only if:

(a) it becomes apparent during the discussion of a particular matter that the matter is a matter referred to in LGA section 10A (2), and

(b) the Council or committee, after considering any representations made under LGA section 10A (4), resolves that further discussion of the matter: (i) should not be deferred (because of the urgency of the matter), and (ii) should take place in a part of the meeting that is closed to the public.

LGA Sec 10C

12.11

12.11 Resolutions to be Made Public

If Council passes a resolution during a meeting, or a part of a meeting, that is closed to the public, the chairperson must make the resolution public as soon as practicable after the meeting or part of the meeting has ended.

Reg 253

13.0 PART 13 - VOTING AND DECISIONS OF COUNCIL

13.1

13.1 What Constitutes a Decision of the Council?

A decision supported by a majority of the votes at a meeting of the Council at which a quorum is present is a decision of the Council.

LGA Sec 371

13.2

13.2 Voting Entitlements of Councillors and Chairperson’s Casting Vote

What are the voting entitlements of Councillors?

(1) Each Councillor is entitled to one vote. (2) However, the person presiding at a meeting of the Council has, in the event of an

equality of votes, a second or casting vote. LGA Sec 370

13.3

13.3 Abstentions to be Counted

Voting at Council meetings

(1) A Councillor who is present at a meeting of Council but who fails to vote on a motion put to the meeting is taken to have voted against the motion. (This subclause does not apply to a Councillor who does not vote because he or she has a pecuniary interest in the subject matter of the motion.)

(2) If a Councillor who has voted against a motion put at a Council meeting so requests, the General Manager must ensure that the Councillor's dissenting vote is recorded in the Council's minutes.

Reg 251(1)-(2)


13.4

13.4 Divisions

Conducting a Division

The decision of the chairperson as to the result of a vote is final, unless the decision is immediately challenged and not fewer than 2 Councillors rise and demand a division. When a division on a motion is demanded, the chairperson must ensure that the division takes place immediately. The General Manager must ensure that the names of those who vote for the motion and those who vote against it are respectively recorded in the Council's minutes.

Reg 251(3)-(4)

Recording of Voting on Planning Matters

(1) In this section, “planning decision” means a decision made in the exercise of a function of Council under the Environmental Planning and Assessment Act 1979: (a) including a decision relating to a development application, an environmental

planning instrument, a development control plan or a development contribution plan under that Act, but

(b) not including the making of an order under Division 2A of Part 6 of that Act. (2) The General Manager is required to keep a register containing, for each planning

decision made at a meeting of the Council, the names of the Councillors who supported the decision and the names of any Councillors who opposed (or are taken to have opposed) the decision.

(3) For the purpose of maintaining the register, a division is required to be called whenever a motion for a planning decision is put at a meeting of the Council.

(4) Each decision recorded in the register is to be described in the register or identified in a manner that enables the description to be obtained from another publicly available document, and is to include the information required by the regulations.

(5) This section extends to a meeting that is closed to the public.

LGA Sec 375A

13.5

13.5 Voting at Committees

Procedure in committees

(1) Subject to subclause (3), each committee of Council may regulate its own procedure.

(2) Without limiting subclause (1), a committee of Council may decide that, whenever the voting on a motion put to a meeting of the committee is equal, the chairperson of the committee is to have a casting vote as well as an original vote.

(3) Voting at a committee meeting is to be by open means (such as on the voices or by show of hands).

Reg 265

13.6

13.6 Invalidation of Council or Committee Proceedings

Certain circumstances do not invalidate Council decisions

Proceedings at a meeting of Council or a Council committee are not invalidated because of: (a) a vacancy in a civic office, or


(b) a failure to give notice of the meeting to any Councillor or committee member; or (c) any defect in the election or appointment of a Councillor or committee member; or (d) a failure of a Councillor or committee member to disclose a pecuniary interest, or

to refrain from the consideration or discussion of, or vote on, the relevant matter, at a Council meeting in accordance with LGA section 451; or

(e) a failure to comply with the Code of Meeting Practice.

LGA Sec 374

13.7

13.7 Rescinding or Altering Resolutions of the Council

(1) A resolution passed by Council may not be altered or rescinded except by a motion to that effect of which notice has been duly given in accordance with the regulations made under LGA section 360 and this Code.

(2) If a notice of motion to rescind a resolution is given at the meeting at which the resolution is carried, the resolution must not be carried into effect until the motion of rescission has been dealt with.

(3) If a motion has been negatived by Council, a motion having the same effect must not be considered unless notice of it has been duly given in accordance with this Code.

(4) A notice of motion to alter or rescind a resolution, and a notice of motion which has the same effect as a motion which has been negatived by the Council, must be signed by 3 Councillors if less than 3 months has elapsed since the resolution was passed, or the motion was negatived, as the case may be.

(5) If a motion to alter or rescind a resolution has been negatived, or if a motion which has the same effect as a previously negatived motion, is negatived, no similar motion may be brought forward within 3 months. This subsection may not be evaded by substituting a motion differently worded, but in principle the same.

(6) A motion to which this section applies may be moved on the report of a committee of the Council and any such report must be recorded in the minutes of the meeting of the Council.

(7) The provisions of this section concerning negatived motions do not apply to motions of adjournment.

LGA Sec 372

(8) A notice of motion to alter or rescind a resolution must be signed by three Councillors and must be lodged in the following manner:- (a) In circumstances where the resolution of the Council has been carried by 5 or

more Councillors voting in favour of the resolution, then the notice of motion to alter or rescind the resolution must be lodged at the Council meeting at which the resolution was carried; or

(b) In all other circumstances, the notice of motion to alter or rescind the resolution must be lodged with the General Manager or specified delegate by 5.00pm on the next working day after the meeting at which the resolution is carried.

(9) If a rescission notice of motion is given by a Councillor at the meeting at which the resolution is carried, or the Councillor indicates that that a notice will be lodged on the next working day, no action is to be taken to carry the resolution of Council into effect until the rescission motion is dealt with.

(10) If a notice of motion has not been lodged at a Council meeting in accordance with


subclause (8) and no notice of intention to lodge such a notice of motion has been given by a Councillor at the meeting at which the resolution is carried, action may be taken to carry the resolution into effect.

(11) If in the circumstances the General Manager or specified delegate receives a notice of motion in accordance with subclause (9), the General Manager or specified delegate must ensure that action to carry the resolution into effect, if not yet commenced, is not commenced; and, if already commenced, is ceased and no further action taken until the rescission motion is dealt with.

(12) If notice of intention to lodge a notice of motion to alter or rescind a resolution has been given by a Councillor at a Council meeting and a notice of motion has not been lodged with the General Manager or specified delegate in accordance with clause (8), action to carry the resolution into effect will commence.

(13) A rescission motion will be dealt with at the next meeting of Council after the meeting at which the resolution is carried, unless the Council resolves to the contrary.

(14) The draft motion that is proposed to be moved, should the rescission motion be carried, must be lodged in accordance with the Notice of Motion of this Code, if such proposed motion has not already been stated in the rescission motion.

Supp Prov

14.0 PART 14 - COMMITTEES OF COUNCIL

14.1

14.1 Committee of Whole of Council

Committee of Council

Council may resolve itself into a committee to consider any matter before the Council.

LGA Sec 373

14.2

14.2 Committee of the Whole

(1) All the provisions of this Regulation relating to meetings of Council, so far as they are applicable, extend to and govern the proceedings of the Council when in committee of the whole, except the provision limiting the number and duration of speeches.

(2) The General Manager or, in the absence of the General Manager, an employee of the Council designated by the General Manager is responsible for reporting to the Council proceedings in committee of the whole. It is not necessary to report the proceedings in full but any recommendations of the committee must be reported.

(3) The Council must ensure that a report of the proceedings (including any recommendations of the committee) is recorded in the Council's minutes. However, the Council is not taken to have adopted the report until a motion for adoption has been made and passed.

Reg 259

14.3

14.3 Council may establish committees

(1) Council may, by resolution, establish such committees as it considers necessary. (2) A committee is to consist of the Mayor and such other Councillors as elected by the

Councillors or appointed by the Council. (3) The quorum for a meeting of a committee is to be:


a) such number of members as the Council decides, or b) if the Council has not decided a number - a majority of the members of the

committee.

Reg 260

Sub Committees/Working Groups

(4) Council may from time to time create new principal committees or working groups to provide advice and guidance to Councillors and/ or staff.

(5) Council may also from time to time create management committees to manage/assist in managing Council facilities under the provision of LGA section 355. These committees cannot exercise regulatory functions.

LGA Sec 355

Appointment to Committees

(6) To enable the better management of Council matters, appointments to committees will be a minimum term of two (2) years. Council may by resolution extend this time.

Supp Prov

14.4

14.4 Function of Committees

Council must specify the functions of each of its committees when the committee is established, but may from time to time amend those functions.

Reg 261

(1) All committees and sub-committees shall be advisory to Council and have no independent role, except where specific authorities are delegated to them by Council.

(2) The number, functions, policies, procedures, delegations, membership, quorums and chairpersons of committees of Council shall be as determined by Council from time to time.

(3) Meetings of Council committees are to be conducted in accordance with this Code.

Supp Prov

14.5

14.5 Notice of Committee meetings to be given

(1) The General Manager of Council must send to each Councillor, at least 3 days before each meeting of the committee, a notice specifying: (a) the time and place at which and the date on which the meeting is to be held (b) the business proposed to be transacted at the meeting.

(2) However, notice of less than 3 days may be given of a committee meeting called in an emergency.

Reg 262

14.6

14.6 Councillors Entitled to Attend Committee Meetings

Non-members entitled to attend committee meetings

(1) A Councillor who is not a member of a committee of Council is entitled to attend, and to speak at, a meeting of the committee.

(2) However, the Councillor is not entitled: (a) to give notice of business for inclusion in the agenda for the meeting, or


(b) to move or second a motion at the meeting, or (c) to vote at the meeting.

Reg 263

14.7

14.7 Chairperson and Deputy Chairperson of Committees

(1) The chairperson of each committee of the Council must be: (a) the Mayor, or (b) if the Mayor does not wish to be the chairperson of a committee - a member of

the committee elected by the Council, or (c) if the Council does not elect such a member - a member of the committee

elected by the committee. (2) Council may elect a member of a committee of the Council as deputy chairperson of

the committee. If the Council does not elect a deputy chairperson of such a committee, the committee may elect a deputy chairperson.

(3) If neither the chairperson nor the deputy chairperson of a committee of Council is able or willing to preside at a meeting of the committee, the committee must elect a member of the committee to be acting chairperson of the committee.

(4) The chairperson is to preside at a meeting of a committee of Council. If the chairperson is unable or unwilling to preside, the deputy chairperson (if any) is to preside at the meeting, but if neither the chairperson nor the deputy chairperson is able or willing to preside, the acting chairperson is to preside at the meeting.

Reg 267

14.8

14.8 Addressing Committees

(1) Members of the public may address meetings of committees on items that are on the committee agendas, subject to the approval of the relevant committee.

(2) The committee chairperson may ask members of the public to restrict their addresses to no more than three minutes.

(3) The committee chairperson may suggest that, if a satisfactory resolution to the matter on the agenda is being considered, there may be no need for members of the public to address the committee.

(4) Committees, and Council staff on behalf of committees, may invite applicants, consultants, government authorities and other groups or individuals to provide a presentation to a committee on a matter that is on the committee agenda. Time limits for such presentations may be set by the committee.

(5) If there are a large number of people interested in the same item, it is suggested that three representatives be nominated to speak on behalf of a group and to indicate how many people they are representing.

Supp Prov

14.9

14.9 Representations by Public before closure of Committee meeting

(1) A representation at a committee meeting by a member of the public as to whether a part of the meeting should be closed to the public can only be made for a fixed period immediately after the motion to close the part of the meeting is moved and seconded.

(2) That period is as fixed by subclause (3) or as fixed by resolution of Council. Different periods can be fixed according to the different types of matters to be discussed or


received and discussed at closed parts of committee meetings.

Reg 264

(3) A member of the public who wishes to address a meeting on a motion that the meeting be closed to the public for discussion on a confidential item may address the Council for up to two minutes, as to whether that part of the meeting should be closed.

Supp Prov

14.10

14.10 Voting Procedure in Committees

(1) See Clause 13.5 (Voting at Committees) (2) A Councillor who is present at a meeting of a committee but who fails to vote on a

motion put to the meeting is taken to have voted against the motion. (This subclause does not apply to a Councillor who does not vote because he or she has a pecuniary interest in the subject matter of the motion.)

(3) If a Councillor who has voted against a motion put at a committee meeting so requests, the General Manager must ensure that the Councillor's dissenting vote is recorded in the minutes.

Supp Prov

14.11

14.11 Absence from Committee Meetings

(4) A member (other than the Mayor) ceases to be a member of a committee if the member: (a) has been absent from 3 consecutive meetings of the committee without having

given reasons acceptable to the committee for the member's absences, or (b) has been absent from at least half of the meetings of the committee held during

the immediately preceding year without having given to the committee acceptable reasons for the member's absences.

(5) Subclause (1) does not apply in respect of a committee that consists of all of the members of the Council.

Reg 268

Note. The expression year means the period beginning 1 July and ending the following 30 June, as noted in the Dictionary to the Local Government Act.

14.12

14.12 Disorder in Committee meetings

The provisions of the Act and of this Regulation relating to the maintenance of order in Council meetings apply to meetings of committees of the Council in the same way as they apply to meetings of the Council.

Reg 270

14.13

14.13 Certain persons may be expelled from Council Committee meetings

(1) If a meeting or part of a meeting of a committee of Council is closed to the public in accordance with LGA section 10A, any person who is not a Councillor may be expelled from the meeting as provided by LGA section 10(2)(a) or (b) (Clause 10.5).

(2) If any such person, after being notified of a resolution or direction expelling him or her from the meeting, fails to leave the place where the meeting is being held, a police officer, or any person authorised for the purpose by the Council, committee or person presiding, may, by using only such force as is necessary, remove the first-


mentioned person from that place and, if necessary, restrain that person from re-entering that place.

Reg 271

14.14

14.14 Committees to keep Minutes

(1) Each committee of Council must ensure that full and accurate minutes of the proceedings of its meetings are kept. In particular, a committee must ensure that the following matters are recorded in the committee’s minutes: (a) details of each motion moved at a meeting and of any amendments moved to it; (b) the names of the mover and seconder of the motion or amendment; (c) whether the motion or amendment is passed or lost.

(2) As soon as the minutes of an earlier meeting of a committee of the Council have been confirmed at a later meeting of the committee, the person presiding at the later meeting must sign the minutes of the earlier meeting.

Reg 266

14.15

14.15 Reports of Committees

(1) If in a report of a committee of the Council distinct recommendations are made, the decision of the Council may be made separately on each recommendation.

(2) The recommendations of a committee of the Council are, so far as adopted by the Council, resolutions of the Council.

(3) If a committee of Council passes a resolution, or makes a recommendation, during a meeting, or a part of a meeting, that is closed to the public, the chairperson must: (a) make the resolution or recommendation public as soon as practicable after the

meeting or part of the meeting has ended, and (b) report the resolution or recommendation to the next meeting of the Council.

Reg 269

15.0 PART 15 - MINUTES AND ACCESS TO INFORMATION

15.1

15.1 Minutes of Meeting

(1) The Council must ensure that full and accurate minutes are kept of the proceedings of a meeting of the Council.

(2) The minutes must, when they have been confirmed at a subsequent meeting of the Council, be signed by the person presiding at that subsequent meeting.

LGA Sec 375

15.2

15.2 Matters to be included in minutes of Council meeting

(1) Council is required to ensure that full and accurate minutes are kept of the proceedings of a meeting of the Council (other provisions of the Regulation and of the Act require particular matters to be recorded in Council’s minutes).

LGA Sec 375

(2) The General Manager must ensure that the following matters are recorded in the Council’s minutes as a minimum:

(a) details of each motion moved at a Council meeting and of any amendments moved to it,

(b) the names of the mover and seconder of the motion or amendment,


(c) whether the motion or amendment is passed or lost, (d) the circumstances and reasons relating to the absence of a quorum together

with the names of the Councillors present, (e) the dissenting vote of a Councillor, if requested, (f) the names of the Councillors who voted for a motion in a Division and those

who voted against it (Note: Under LGA Sec 375A, a Division is always required when a motion for a planning decision is put at a meeting of the Council),

(g) a report of the proceedings of the committee of the Whole, including any recommendations of the committee,

Reg 233(3), 251(2-4), 254, 259(3)

(h) The grounds for closing part of a meeting to the public, (i) The report of a committee leading to a rescission or alteration motion, (j) The disclosure at a meeting by a Councillor of a pecuniary interest.

LGA Sec 10d, 372(6), 453

(3) In the interests of Privacy protection, only a précis of any petitions tabled at meetings of the Council shall be recorded in the minutes of that meeting, and not the entire petition containing signatory’s personal information. See Clause 7.5.

(4) Minutes are not intended to provide a transcript of the proceedings of the Meeting nor include details of discussion or debate. Council does not record full (Hansard) transcripts of Council meetings.

(5) Audio recordings are available during the archive period to verify details of meeting proceedings.

Supp Prov

15.3

15.3 Inspection of the minutes of a Council or committee Meeting

(1) An inspection of the minutes of Council or committee of Council is to be carried out under the supervision of the General Manager or an employee of the Council designated by the General Manager to supervise inspections of those minutes.

(2) The General Manager must ensure that the minutes of the Council and any minutes of a committee of the Council are kept secure and in safe custody and that no unauthorised person is allowed to interfere with them.

Reg 272

Note: LGA section 12 confers a right (restricted in the case of closed parts of meetings) to inspect the minutes of Council or committee of Council.

(3) Minutes of Council meetings are to be made accessible to Councillors and the public via the Council’s website as soon as practicable following Council meetings.

Supp Prov

15.4

15.4 Disclosure and misuse of information

(1) A person must not disclose any information obtained in connection with administration or execution of this Act unless that disclosure is made: (a) with the consent of the person from whom the information was obtained, or (b) in connection with the administration or execution of this Act, or (c) for the purposes of any legal proceedings arising out of this Act or of any report

of any such proceedings, or (d) in accordance with a requirement imposed under the Ombudsman Act 1974 or


Code of Meeting Practice – Concluded

the Government Information (Public Access) Act 2009, or (e) with other lawful excuse.

(1A) In particular, if part of a meeting of Council or a committee of Council is closed to the public in accordance with LGA section 10A (1), a person must not, without the authority of the Council or the committee, disclose (otherwise than to the Council or a Councillor of the Council) information with respect to the discussion at, or the business of, the meeting.

(1B) Subsection (1A) does not apply to: (a) the report of a committee of Council after it has been presented to the Council,

or (b) disclosure made in any of the circumstances referred to in subsection(1)(a-e), or (c) disclosure made in circumstances prescribed by the regulations, or (d) any agenda, resolution or recommendation of a meeting that a person is

entitled to inspect in accordance with section 12. (2) A person acting in the administration or execution of this Act must not use, either

directly or indirectly, information acquired by the person in that capacity, being information that is not generally known, for the purpose of gaining either directly or indirectly a financial advantage for the person, the person's spouse or de facto partner or a relative of the person.

(3) A person acting in the administration or execution of this Act, and being in a position to do so, must not, for the purpose of gaining either directly or indirectly an advantage for the person, the person's spouse or de facto partner or a relative of the person, influence: (a) the determination of an application for an approval, or (b) the giving of an order.

LGA Sec 664

16.0 PART 16 - COUNCIL SEAL

16.0

(1) The seal of Council must be kept by the Mayor or the General Manager, as the Council determines.

(2) The seal of Council may be affixed to a document only in the presence of: (a) the Mayor and the General Manager, or (b) at least one Councillor (other than the Mayor) and the General Manager, or (c) the Mayor and at least one other Councillor, or (d) at least 2 Councillors other than the Mayor.

(3) The affixing of the Council seal to a document has no effect unless the persons who were present when the seal was affixed (being persons referred to in subclause (2)) attest by their signatures that the seal was affixed in their presence.

(4) The seal of Council must not be affixed to a document unless the document relates to the business of the Council and the Council has resolved (by resolution specifically referring to the document) that the seal be so affixed.

(5) For the purposes of subclause (4), a document in the nature of a reference or certificate of service for an employee of the Council does not relate to the business of the Council.

Reg 400


Governance

Related legislation, policies, Codes, and guidelines

Name Link

Code of Conduct www.esc.nsw.gov.au/site/Publications/Strategies/PolicyReg/viewPolicy.aspx?id=81

Local Government Act 1993 www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/

Local Government (General) Regulation 2005

www.austlii.edu.au/au/legis/nsw/consol_reg/lgr2005328/

DLG Practice Note 16: Meetings Practice Note 2009

www.dlg.nsw.gov.au/dlg/dlghome/documents/PracticeNotes/Practice%20Note%2016%20-%20Meetings%20Practice%20Note.pdf

Model Code of Conduct for Local Councils in NSW 2013

http://www.dlg.nsw.gov.au/dlg/dlghome/documents/Information/Model%20Code%20of%20Conduct.pdf

DLG Model Code of Conduct for Local Councils in NSW 2013 - Summary

http://www.dlg.nsw.gov.au/dlg/dlghome/documents/Information/Model%20Code%20of%20Conduct%20Summary.pdf

Environmental Planning and Assessment Act 1979

www.austlii.edu.au/au/legis/nsw/consol_act/epaaa1979389/

State Records Act 1998 www.austlii.edu.au/au/legis/nsw/consol_act/sra1998156/

General Disposal Authority: Local Government Records GA39 2011

www.records.nsw.gov.au/recordkeeping/government-recordkeeping-manual/rules/general-retention-and-disposal-authorities/files/GA39.pdf

Related external references

Name Link

State Records www.records.nsw.gov.au/recordkeeping/recordkeeping

Dictionary to the Local Government Act

www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/sch99.html

Supporting documents

Name Link

Ordinary Meetings of Council Appendix I

Guide To Council Meetings Appendix II

Request To Address Council Appendix III

Review

This policy will be automatically revoked at the expiration of twelve months after the declaration of the poll for the next general NSW local government election, unless Council revokes it sooner. Note: Automatic revocation of the policy is provided for by section 165(4) of the Local Government Act 1993. The next general local government election is expected to be held in September 2016.

http://www.esc.nsw.gov.au/site/Publications/Strategies/PolicyReg/viewPolicy.aspx?id=81

http://www.esc.nsw.gov.au/site/Publications/Strategies/PolicyReg/viewPolicy.aspx?id=81

http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/

http://www.austlii.edu.au/au/legis/nsw/consol_reg/lgr2005328/

http://www.dlg.nsw.gov.au/dlg/dlghome/documents/PracticeNotes/Practice%20Note%2016%20-%20Meetings%20Practice%20Note.pdf







http://www.austlii.edu.au/au/legis/nsw/consol_act/epaaa1979389/

http://www.austlii.edu.au/au/legis/nsw/consol_act/sra1998156/

http://www.records.nsw.gov.au/recordkeeping/government-recordkeeping-manual/rules/general-retention-and-disposal-authorities/files/GA39.pdf



http://www.records.nsw.gov.au/recordkeeping/recordkeeping

http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/sch99.html

http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/sch99.html


This policy may also be reviewed and updated as necessary when legislation requires it; or Council’s functions, structure or activities change; or when technological advances or new systems change the way that Council manages its Code of Meeting Practice. Reviews of the effectiveness of this policy could include the following:

Performance indicator Data source(s)

Complaints Council records

Internal or external review Audit

Breaches of Code of Conduct or Code of Meeting Practice Audit

Definitions

Word/Term Definition

Acknowledgement of Country

Acknowledgement of Country is where people acknowledge and show respect for the Aboriginal Traditional Custodians of the land upon which the event is taking place. It is a sign of respect.

Act (or LGA) the Local Government Act 1993 (referenced in format ‘LGA Sec X’ where X represents a specific section number)

amendment in relation to an original motion, means a motion moving an amendment to that motion

business day a weekday (Monday to Friday) which is not a public holiday

business paper the details of any item of business to which section 9 of the Act applies (see clause 5.3) must be included in a business paper for the meeting concerned

Chairperson the person presiding at the meeting

this Code Eurobodalla Shire Council Code of Meeting Practice

committee a committee established under the regulations

day a calendar day unless specified

defamatory “A statement may be defamatory of a person if it is likely to cause an ordinary reasonable member of the community to think less of a person or to shun or avoid the person”

motion

a proposal to be considered by Council at a meeting. It is a request to do something or to express an opinion about something. A motion formally puts the subject of the motion as an item of business for the Council

petition a request for action on a matter over which Council has the power to act. The “terms” of a petition consist of the reasons for petitioning Council and a request for action by Council. A petition must include the name, address and signature of each person signing the petition and a contact name, address and telephone number for the person responsible for the petition

presentation

a presentation made to the Council on a subject which the Council may be considering

record

a document (including any written or printed material) or object (including an audio or video recording, Coded storage device,


magnetic tape or disc, microfilm, photograph, film, map, plan or model or a painting or other pictorial or graphic work) that is or has been made or received in the course of official duties by a Councillor or an employee of the Council and, in particular, includes the minutes of meetings of the Council or of a committee of the Council

Regulations (or Reg)

means the Local Government General Regulation 2005 (referenced in format ‘Reg X’ where X represents a specific clause number)

relative in relation to a person, means any of the following: the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the person or of the person's spouse; the spouse or the de facto partner of the person

resolution a motion that has been passed by a majority of Councillors at the meeting. While in practice it means the “Council decision”, the word “resolution” also indicates the process by which the decision was made

Supplementary provision

Eurobodalla Shire Council Council’s adopted specific meeting provisions for Council to achieve its Objectives (referenced in format ‘Supp Prov’)

Year the period beginning 1 July and ending the following 30 June

Change history

Version Approval date

Approved by

Minute No

File No Change

6 23/03/2010 Council 10/68 E06.0429 Endorsed and adopted.

7 NA None NA E06.0429 Placed on exhibition Sep 2012, not adopted by Council

8 TBA 2013 Council TBA E06.0429

E13.7095 Completely revised. Added new Supplementary Provisions, updated formatting, review date, references and links

Internal use

Responsible officer General Manager Approved by Council

Min no TBA Council report TBA Effective date TBA

File No E06.0429 E13.7095

Review date Sep 2016 Pages 58


Appendix ONE (I) – Ordinary Meeting of Council (2 pages)

Meeting Date: Meeting Time: Membership: Quorum: Chairperson: Deputy Chairperson:

Second (2nd) & Fourth (4th) Tuesday of month, excl. January. Commencing at 4.00pm and concluding by 9.00pm. Full Council - Nine (9) Councillors Five (5) members The Mayor The Deputy Mayor

Matters determined by Ordinary meetings will include all those non-delegable functions identified in Section 377 of the Local Government Act 1993, as follows:

The appointment of a General Manager

The making of a rate

A determination under section 549 of the Act as to the levying of a rate

The making of a charge

The fixing of a fee

The borrowing of money

The voting of money for expenditure on its works, services or operations

The compulsory acquisition, purchase, sale, exchange or surrender of any land or other property (but not including the sale of items of plant or equipment)

The acceptance of tenders which are required under the Act to be invited by the Council

The adoption of a management plan under section 406 of the Act

The adoption of a financial statement included in an annual financial report

A decision to classify or reclassify public land under Division 1 Part 2 Chapter 6 of the Act

The fixing of an amount or rate for the carrying out by Council of work on private land

The decision to carry out work on private land for an amount that is less than the amount or rate fixed by the Council for the carrying out of any such work

The review of a determination made by the Council, and not by a delegate of the Council, of an application for approval or an application that may be reviewed under section 82A of the Environmental Planning and Assessment Act 1979

The power of the Council to authorise the use of reasonable force for the purpose of gaining entry to premises under section 194 of the Act

A decision under section 356 of the Act to contribute money or otherwise grant financial assistance to persons

The making of an application or the giving of a notice to the Governor or Minister

The power of delegation

Any function under the Act or any other Act that is expressly required to be exercised by resolution of the Council


Other matters and functions determined by Ordinary Council meetings will include:

Notices of Motion

Motions of Rescission

Council elections, polls, Constitutional Referendums and Public hearings / inquiries

Ministerial committees and inquiries

Mayor and Councillors’ annual fees

Recommendations relating to: o Local Government Remuneration

Tribunal o Local Government Boundaries o NSW Ombudsman o Administrative Decisions Tribunal o Delegations of Functions by the

Minister

Delegation of Functions to General Manager

High-Level Organisational structure

Code of Conduct

Code of Meeting Practice

Honesty and Disclosure of Interests

Access to information

Protection of Privacy

Enforcement Functions (statutory breaches/prosecutions/recovery of rates)

Council land and Property development

Annual Financial Reports, Auditors Reports, Annual Reports and State of the Environment reports

Performance of the General Manager

Equal Employment Opportunity

Powers of Entry

Liability and Insurance

Memberships of organisations

Any matter or function not within the delegable function of committees

Matters referred from committees for determination

Affixing of the Common Seal of Council


Appendix Two (II) – Guide To Council Meetings

Welcome To Our Meeting

1. Business Paper The business paper is a booklet containing a copy of the report for each item on the agenda. It is available for viewing via Council’s website (www.esc.nsw.gov.au) and at each of Council’s libraries, three (3) days preceding the meeting. 2. Agenda The Agenda lists all items for consideration at the meeting and is included in the front of the business paper. Separate copies of the agenda are available at the entrance to the Council Chambers on the day of the meeting. 3. Order of Business Council Meetings are chaired by the Mayor. Each item on the agenda is dealt with separately. The Public Forum is the first major item on the agenda. Items in which there is general public interest may be dealt with next. 4. Public Attendance Meetings of the Council are open to the public. For the consideration of all present, respectful and orderly conduct is expected and mobile telephones are to be turned off during the meeting. The proceedings of all Council meetings in open session are sound recorded to confirm accuracy of the minutes, and are available for listening by members of the public during the archive period via Council’s website (www.esc.nsw.gov.au), at Council’s libraries, or electronically (on CD or USB drive) for a nominal fee. 5. Addressing the Council and the Public Forum Council endeavours to foster open discussion on matters before it to assist in reaching decisions for the advancement of the community. To achieve this, members of the public may request to address the Council meeting during the Public Forum on a specific item on the agenda. Anyone wishing to speak at a Council meeting should, by 12 noon on the business day prior to the meeting, email [email protected], complete an online request form on Council’s website or hand a request form into Council’s Customer Service Centre. Please phone 4474 1358 or refer to the “Request to Address Council in Public Forum Guidelines” for more information about addressing Council meetings. For further information on the Meeting process please check Council’s website at www.esc.nsw.gov.au, email [email protected], or call 4474 1358.



mailto:[email protected]




Appendix Three (III) – Request To Address Council (3 Pages)

Request To Address Council

Date of Council meeting: ............................................................................................................

Full Name: ..................................................................................................................................

Postal or Email Address ..............................................................................................................

........................................................... Telephone no:.................................................................

Group represented: (if applicable)..............................................................................................

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

Do you wish to: Make a statement at Public Forum Ask a question at Public Forum Addressing agenda item no.: …………………………………………….

Please provide details of matter to be discussed: ……………….…………………………………………………

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

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

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

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

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

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

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

Council Meetings commence at 4.00pm.

The proceedings of all Council Meetings in open session are recorded for public record and are available for listening by members of the public. Speakers are required to state their name and may have their image broadcast. Speakers do not have absolute privilege (parliamentary privilege) in respect of anything said or any material presented to the meeting.

• All requests are to be made to Executive Support by 12.00 noon on the business day prior to the meeting. To register please phone 4474 1358, email this form to [email protected], hand this form into the Customer Service Centre, or complete the online form at www.esc.nsw.gov.au.

• Please refer to Guidelines attached.




Request to Address Council: Guidelines Applications to Address Council A member of the public may request permission to address Council during Public Forum on an item on the agenda. Such a request should be received by Executive Support no later than 12.00pm on the business day preceding the Council meeting. This provision is subject to: - • Public Forum being for a period of no more than thirty (30) minutes, unless otherwise

determined by Council. • Each speaker being permitted to address Public Forum for up to five (5) minutes, Council

may resolve to extend this by a further three (3) minutes if considered appropriate. • Each speaker being limited to one (1) question or statement on any one item on the

agenda or otherwise related to Council business. • No member of the public being entitled to address Public Forum on a rescission motion,

except where Council resolves that such speaker is to be allowed on the basis of exceptional circumstances.

• No guarantee that a response can be given to the address during the meeting, unless practical to do so. If a suitable response cannot be given during the meeting it will be provided to the presenter in writing as soon as practicable after the meeting.

Applications to address Council are subject to the following qualifications: • Requests to address the Public Forum at Council to the Community Meetings will be

limited to local issues. • The proceedings of all Council Meetings in open session are recorded for public record. • Recording archives are available to the public on Council’s website or via the Customer

Service Centre. • Council accepts no responsibility for any defamatory comments made by the speaker in

respect of anything said or any material presented to the Meeting. Addressing Council – Application Process

All requests are to be made to Executive Support by 12.00pm on the business day prior to the meeting. To register please phone 4474 1358, email this form to [email protected], hand this form into the Customer Service Centre, or complete the online form at www.esc.nsw.gov.au.

Applicants shall state: • Their name, postal or email address, and contact telephone number; • Organisation or group they are representing (if applicable); • Details of the issue to be addressed and the item number of the report in the Business

Paper (if applicable) or the question to be presented to the meeting; • Whether they are opposing or supporting the issue or matter (if applicable).




Previous Applications and Agenda Items • Where the applicant has previously addressed Council, further applications to address

Council will only be accepted if new issues are to be introduced. Issues previously raised are not to be re-canvassed.

• This will not preclude residents addressing Council for the first time on a matter that has previously been the subject of a public forum presentation, question or statement albeit that they intend to raise issues that were previously raised in the public forum.

• Address must relate to an item on the Council meeting Agenda. Presentations regarding items not on the agenda may be made during the public forum prior to the meeting.

• If due notice of the address has not been provided prior to the meeting, Councillors and/ or staff cannot be expected to provide an answer to the speaker’s question or statement at the same meeting, but may provide a response as soon as practicable after the meeting.

Conduct of Speakers • Speakers should conduct themselves with due respect to the Council and observe the

Council’s Code of Conduct and Code of Meeting Practice, i.e. not disrupt the conduct of the meeting, treat all people with respect and courtesy, and not make defamatory comments.

• In the event that a speaker does not conduct themselves accordingly, the Chairperson may request the speaker to apologise, desist from the inappropriate behaviour, return to the public gallery and/ or otherwise enact provisions of Council’s Code of Meeting Practice.

• If a presenter is asked to withdraw and/or apologise for comments or behaviour and refuses to do so, the chairperson may expel them from the meeting or workshop, and the presenter will not be able to address Council or a workshop until an apology has been made. For a presenter to be allowed to present again they must first apologise at a Council meeting, however will not be able to present at that same meeting.

Replies to Speakers • Where an address relates to an issue of general interest, the Mayor or General Manager

may provide a reply to the speaker at the conclusion of the address. • Written acknowledgement of the speaker’s address may be provided as soon as

practicable after the conclusion of the meeting. • If a formal reply or research is required, the General Manager shall respond in writing to

the speaker.


INDEX

Absence from Committee Meetings, 50 Abstentions to be Counted, 43 Act of Disorder, 35 Addressing Committees, 49 Addressing Council, 20 Adjournment of Meetings, 38 Adoption and Amendment of the Code, 7 Adoption of draft Code, 7 Agenda and business papers for Council meetings, 17 Agenda for Extraordinary meetings, 19 Agendas, 17 Amendment of the Code, 7 Amendment to Adjourn Meeting Motion, 38 Amendments to Motions, 31 Application for Leave of Absence, 11 Application of the Code, 7 Attendance of Council Employees, 13 Attendance of General Manager, 12 Audio Recordings of Meetings by Council Staff, 20 Availability of the Code, 8 Before Council Meetings, 9 Business Paper for Council Meetings, 17 Calling of Extraordinary meeting on request by Councillors, 10 Certain circumstances do not invalidate Council decisions, 44 Certain persons may be expelled from Council Committee meetings, 50 Chairperson and Deputy Chairperson of Committees, 48 Chairperson and Deputy Chairperson of Council, 14 Chairperson to have Precedence, 14 Chairperson's Duty with Respect to Motions, 15 Circumstances Where Disclosure Rules are not Breached, 25 Closed Meetings, 39 Committees of Council, 47 Committee of the Whole, 47 Committee of Whole of Council, 47 Committee of Council, 47 Committees to keep Minutes, 50 Conduct of meetings of Councils and committees, 7 Conducting a Division, 43 Council may establish committees, 47 Council Papers, 18 Council Seal, 54 Councillor Attendance at meetings, 11 Councillor Presence at Council Meetings, 11 Councillors Entitled to Attend Committee Meetings, 48 Councillor to be elected to preside at certain meetings, 14

Dates, 9 Days of Notice, 9 Dealing with matters Without Notice, 19 Dealing with matters without notice at an Extraordinary Meeting, 19 Declarations of Interests, 22 Declarations of Pecuniary Interest, 24 Defeated Motions, 32 Department Guidelines for Meeting Closure, 41 Disclosure and misuse of information, 52 Disclosure by Adviser, 25 Disclosure of Non-Pecuniary Interests, 25 Disclosure of Pecuniary Interests and Presence in Meetings, 24 Disclosure to be Recorded in Minutes, 25 Disclosures in Business Paper, 28 56 Discussion of Legal Matters, 40 Disorder at Meetings - Adjournment, 36 Disorder in Committee meetings, 50 Distribution of Business Papers, 17 Distribution of Other Materials, 18 Divisions, 43 Effect of Expulsion, 36 Foreshadowed Motions or Amendments, 31 Form of Notice, 9 Frequency of Meetings, 9 Function of Committees, 47 Further limitations relating to closure of parts of meetings to the public, 40, 41 General Procedural Motions, 33 Giving Notice of Business, 18, 19, 32 Grounds for closing part of meeting to be specified, 41 Grounds to close meetings, 39 Guide To References In This Code, 6 How disorder at a meeting may be dealt with, 36 How often does the Council meet?, 9 How Subsequent Amendments may be Moved, 31 Inspection of the minutes of a Council or Committee Meeting, 52 Interests that do not require disclosure, 22 Interpretation, 6 Invalidation of Council or Committee Proceedings, 44 Limitation as to number of speeches, 34 Limitations to Closing Meetings, 40 Mayoral Minute, 19 Matters for Tabling – Correspondence and Petitions, 28 Matters for Tabling – Pecuniary Interests, 28 Matters of Public Interest, 40 Matters to be included in minutes of Council meeting, 52 Meeting Agenda and Business, 16


Meeting Attendance while on Leave of Absence, 12 Members of the Public Addressing Council, 20 Minutes and access to information, 52 Minutes of Meeting, 52 Mode of Address, 15 Motion to Adjourn Meeting, 38 Motion to Close Part of the Meeting, 39 Motions, 29 Motions of Dissent, 33 Motions to be Seconded, 29 Motions to Close other Parts of a Meeting, 40 Motions without Notice, 32 Non-members entitled to attend committee meetings, 48 Notice for Extraordinary Meeting, 10 Notice of Closure not required in Urgent Cases, 41 Notice of Committee meetings to be given, 48 Notice of meetings, 9, 10 Notice of Meetings to Councillors, 9 Notice of Motion, 29 Notice of Motion - Absence of Mover, 29 Objectives, 6 Observe the Code of Conduct and Code of Meeting Practice, 35 Official Minutes, 19 Open Voting at Council excepting Elections, 44 Order at Meetings, 35 Order of Business, 16 Other motions, 29 Point of Order, 33 Power to Remove Persons from Council Meeting, 36 Preparation of the Code of Meeting Practice, 7 Preparation, public notice and exhibition of draft Code, 7 57 Presence at Council meetings, 11 Presiding over Meetings of Council, 14 Procedural Motions, 33 Procedure in committees, 44 Public access to correspondence and reports, 18 Public availability of the Code, 8 Public Notice of Meetings, 10, 17 Public Recording of Meetings prohibited without Council authority, 20 Putting The Motion or Amendment, 34 Questions and Tabling of Matters, 26 Questions of Order, 35 Questions on Notice, 26 Questions to Councillors and Employees, 26 Questions to General Manager, 26

Questions may be put to Councillors and Council employees, 26 Quorum and Attendance, 11 Quorum for a Meeting, 11 Quorum not present, 11 Recognition of Chairperson, 15 Re-convening an Adjourned Meeting, 38 Recording of Voting on Planning Matters, 43 Register and tabling of returns, 28 Report of a Departmental representative to be tabled at Council meeting, 28 Reports of Committees, 51 Representation by Public Before a Council Meeting is Closed, 41 Representation by Public before closure of Committee meeting, 49 Rescinding or Altering Resolutions of the Council, 44 Resolutions to be Made Public, 42 Revision of the Code, 8 Speaking to a Misrepresentation or Misunderstanding, 30 Speaking to Motions, 30 Specifying Grounds for Closing Meetings, 41 Sufficient General Disclosure, 24 Tabling a Report of Departmental Representative, 28 The Code of Meeting Practice, 7 Variations by Consent, 30 Variations to Motions, 30 Voting and Decisions of Council, 43 Voting at Committees, 44 Voting at Council meetings, 43 Voting Entitlements of Councillors and Chairperson’s Casting Vote, 43 Voting Procedure in Committees, 49 Warning to Councillors, 36 What are the voting entitlements of Councillors?, 43 What Constitutes a Decision of the Council?, 43 What happens when a quorum is not present, 11 What interests do not have to be disclosed?, 22 What is a Pecuniary Interest?, 22 What is the quorum for a meeting?, 11 When does a vacancy occur in a civic office?, 11 Which parts of a meeting can be closed to the public?, 39 Who has a pecuniary interest?, 23 Who is entitled to Attend Council Meetings, 12 Who is entitled to attend meetings?, 36 Who presides at meetings of the Council? 14

REPORT TO FINANCE AND SERVICES COMMITTEE MEETING OF EUROBODALLA SHIRE COUNCIL HELD TUESDAY 9 JULY 2013 Page 6

FS13/18 TRAFFIC COMMITTEE MEETING NO 09 FOR 2012/2013 HELD ON THURSDAY 13 JUNE 2013 E13.7002

SYNOPSIS

To present the Eurobodalla Local Traffic Committee recommendations to Council for consideration.

BACKGROUND

The Eurobodalla Local Traffic Committee Meeting No 09 for 2012/2013 was held on 13 June 2013 in the Council Chambers. It was attended by Councillor Neil Burnside – Chairperson, Geoff Armstrong – Traffic Officer, Peter Bache – Roads and Maritime Services (RMS), Leading Senior Constable David Smart – NSW Police Force, Mrs Danielle Brice – representative for the Hon Andrew Constance MP and Karen Sydenham – Minute Secretary.

APOLOGIES

Councillor Milton Leslight.

DEPUTATIONS

Nil.

MINUTES OF PREVIOUS MEETING

The minutes of the Eurobodalla Traffic Committee Meeting No 08 for 2012/2013 held on 9 May 2013 were confirmed and accepted.

OUTSTANDING ITEMS FROM PREVIOUS MINUTES

2013.RT.022 Parking – Canty Street, Narooma The operators of St Vincent de Paul located adjacent to Canty Street car park have requested that a No Parking zone be installed adjacent to two (2) clothing collection bins that are positioned within the car park. At the May meeting, the Committee recommended that the Traffic Officer liaise with St Vincent de Paul, Narooma regarding the feasibility of relocating the two (2) clothing collection bins to the area adjacent to the loading zone at the rear of their shop. The Traffic Officer informed the Committee that St Vincent de Paul were not supportive of the suggestion as they believe the location would provide further enticement for people to illegally dump rubbish near the clothing collection bins. The Committee further discussed other alternatives but agreed that the installation of a No Parking zone adjacent to the current location of the clothing bins offers the best solution for people placing items in the bins and for staff collecting the contents of the clothing bins. The Traffic Officer stated that St Vincent de Paul sought consideration into making Canty Street car park a one-way traffic flow. The Committee agreed this suggestion had merit and felt that local businesses be consulted before a recommendation is made.


FS13/18 TRAFFIC COMMITTEE MEETING NO 09 FOR 2012/2013 HELD ON THURSDAY 13 JUNE 2013 E13.7002 Recommended: 1. A No Parking zone be installed immediately adjacent to the St Vincent de Paul clothing

collection bins located within the Canty Street car park, Narooma. 2. That local businesses in the vicinity of the Canty Street car park, Narooma be consulted

on the proposal to make the traffic flow within in the car park one-way. 2013.SE.020 Special Event Application – Caravan and Camping Expo, Batemans Bay At the May meeting, Councillor Leslight sought additional information as to the reason the organisers of the Caravan and Camping Expo wished to relocate the event from Mackay Park to the Hanging Rock Sporting Complex. The Traffic Officer advised the Committee that the event organisers stated the reason for such a proposal was based entirely on parking capacity. The Traffic Officer further stated that the 2013 event will not relocate from Mackay Park, Batemans Bay to the Hanging Rock Sporting Complex. Options for improving the car parking arrangements in and around Mackay Park are being investigated. 2013.IN.022 Traffic Management – Connection to Canberra At the May meeting, Councillor Leslight requested the RMS representative to make enquiries within the RMS for information regarding a previously proposed dual-carriageway from Canberra to Mogo. The Committee agreed that as Councillor Leslight was not in attendance that the matter be deferred until the next meeting.

Action Sheet

The Action Sheet outlining all of the Committee’s outstanding items was distributed to members.

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT ITEMS FOR DETERMINATION

2013.RT.025 Signage and Linemarking – Durras Lake Road, South Durras Council is currently constructing a shared path along Durras Lake Road, South Durras from the intersections with Durras Drive to Canberra Avenue. The shared path being 2.5 metres in width is partly funded by RMS. Signage and line-marking Plan 5043 Set B Sheet 3 was circulated to members prior to the meeting. The Traffic Officer made note that the plan includes the installation of a staggered fence/rail where the shared path intersects with Durras Drive. This device will alert cyclists to slow down on approach to the road and help reduce the incidence of cyclists riding out onto Durras Drive at pace without first waiting for traffic.


FS13/18 TRAFFIC COMMITTEE MEETING NO 09 FOR 2012/2013 HELD ON THURSDAY 13 JUNE 2013 E13.7002 No objections were raised to the plan as presented. Recommended: That Plan 5043 Set B Sheet 3 detailing the signage and line-marking associated with the shared path along Durras Lake Road, South Durras be approved. 2013.RT.026 Traffic Management – Shore Street, Moruya Council will shortly commence the construction of a raised threshold in Shore Street, Moruya. The project is partly funded by RMS’ Pedestrian Improvement Program. The project involves the installation of a raised threshold speed hump approximately 60 metres east of the intersection with the Princes Highway. This traffic control device will assist with reducing traffic speeds in Shore Street and provide a crossing point for pedestrians as well as deterring traffic from using Shore Street as a ‘rat run’ instead of using the Princes Highway. Plan 4634 Set C Sheet 01 detailing the signage and line-marking requirements was circulated to members for comment. The RMS representative commented that Technical Direction TDTZ001/04A issued May 2011 stipulates that a pedestrian crossing can no longer be incorporated within a flat-top platform treatment and Shore Street does not meet the warrants for a formal marked pedestrian (zebra) crossing. The Committee discussed alternatives such as pedestrian blisters or a pedestrian refuge. A more suitable alternative was flagged, namely the installation of speed bump to the west of the proposed crossing point and the installation of kerb blisters in place of the proposed raised threshold. It was agreed that the Traffic Officer and the RMS representative determine a suitable outcome to facilitate construction in accord with the current RMS grant and advise the Committee of the outcome of the discussions. Recommendation: That Council and the RMS determine alternatives to the proposed traffic control device to be installed in Shore Street, Moruya and advise the Committee accordingly. Note: Following the meeting, discussions took place between Council and the RMS. It was agreed that a raised speed hump be installed as well as a pedestrian blister. The plan was circulated to the Committee. The revised signage and linemarking plan will be presented to the Committee at the next meeting for formal adoption. No objections have been received to the revised plan and works have proceeded.


FS13/18 TRAFFIC COMMITTEE MEETING NO 09 FOR 2012/2013 HELD ON THURSDAY 13 JUNE 2013 E13.7002 Other Items 2013.RT.027 Signage – Clyde Street, Batemans Bay The Police representative stated that the Left Turn Only and Stop sign located in Clyde Street, Batemans Bay at the intersection with the Princes Highway has been damaged by vehicle(s) unknown. The Traffic Officer stated that he would arrange for replacement signage as a priority. Note: Similar matters may be phoned directly through to the Moruya depot on 44741391 where a customer service request will be raised to instigate timely replacement of the sign. 2013.RT.028 Signage – David Avenue, Batehaven The Police representative stated that a No Stopping sign is missing where David Avenue intersects with Peter Crescent, Batehaven adjacent to St Bernards Primary School. A No Stopping zone operating school days only exists on the northern side of David Avenue and the western side of Peter Crescent. Drivers have been observed parking on the corner of David Avenue and Peter Crescent adding to congestion at school start and finish times. The Traffic Officer stated he would arrange for the replacement of the No Stopping sign.

INFORMAL ITEMS FOR DISCUSSION

2013.IN.023 Traffic Management – Hume Road, Sunshine Bay A resident has raised safety concerns relating to the roundabout located in Hume Road, Sunshine Bay at the intersection of Wentworth Avenue. The correspondence describes a motor vehicle crash that occurred at the location on 22 April 2013 at approximately 4:30pm. A vehicle travelling northbound along Hume Road swerved and struck the western side kerb before travelling through the roundabout and mounting the kerb on the eastern side, landing on the concrete footpath area. The driver left the scene but a witness reported the incident to the Police. The correspondence raises a further issue of speeding vehicles in the vicinity of the roundabout and suggests altering the mountable roundabout so that it is no longer mountable or installing a speed hump on the approach. The Traffic Officer reported that the Committee had previously discussed issues associated with this section of Hume Road. In May 2009, speed counters were installed in response to a similar enquiry and the 85th percentile speed recorded for northbound approach to the roundabout was 58.7km/h. This is not considered excessive. Current recorded crash statistics do not reveal any reported crashes at this location. When the issue was discussed in 2009, the Police representative indicated that there were ongoing issues with drink driving along Hume Road.


FS13/18 TRAFFIC COMMITTEE MEETING NO 09 FOR 2012/2013 HELD ON THURSDAY 13 JUNE 2013 E13.7002 The Police representative informed the Committee that the April 2013 incident, involved a vehicle travelling at excessive speed. The Police cannot act further on the matter as no complaint was received and details concerning the driver and vehicle are incomplete. He further stated that drink driving and speeding offences have decreased in this area due to continual enforcement. The Committee agreed that the April 2013 incident is isolated as the vehicle was travelling at excessive speed. The Committee discussed suitable options to improve delineation at the roundabout and agreed to the installation of painted splinter islands, chevrons and raised pavement markers. Recommended: The delineation at the roundabout located in Hume Road, Sunshine Bay at the intersection with Wentworth Avenue be improved by installing painted splinter islands, chevron markers and raised pavement markers. 2013.IN.024 School Safety – Beach Road, Sunshine Bay A resident has raised concerns regarding the ability for children to cross Beach Road, Sunshine Bay near Sunshine Bay Primary School. The correspondence states that they have witnessed children crossing Beach Road at inappropriate locations in order to gain access to the eastern side of the road. Insufficient parking was also noted in the correspondence and it is suggested that a roundabout be installed in Beach Road at the intersection with Sunshine Bay Road as well as installing a pedestrian refuge. The Committee agreed that the installation of a roundabout is not warranted at this time and that other measures could be considered, namely a pedestrian refuge, after investigation of the issues raised. The Committee further agreed that Council conduct an observational survey of pedestrian counts and vehicular counts at appropriate times of the day and report back to a future meeting. Recommendation: That pedestrian and vehicular counts be obtained in Beach Road in the vicinity of Sunshine Bay Primary School and that the results be presented at a future Committee meeting.


FS13/18 TRAFFIC COMMITTEE MEETING NO 09 FOR 2012/2013 HELD ON THURSDAY 13 JUNE 2013 E13.7002 2013.IN.025 Parking – River Road, Moruya A resident of River Road, Moruya has written to Council concerning impeded access to their driveway located opposite Moruya Hospital. The resident states that when reversing out of their driveway the parked vehicles and the crest of the road reduce available sight distance. When turning left to gain access to the driveway, the resident states it is often necessary to cross the marked centre line in order to avoid parked vehicles. The resident requested that parking restrictions be installed. On-street parking is in high demand along River Road due to the demand created by the nearby Moruya Hospital. This demand for parking is exacerbated by the significant construction activity currently being carried out at the hospital that has resulted in the temporary loss of parking. The property in question currently does not have the provision to exit the driveway in a forward motion. The layout of the property shows that this may be easily achieved with some minor modifications by the land owner. One reported crash has been recorded at this location in 1998. The Committee agreed that the installation of parking restrictions is not warranted and that the Rangers be requested to enforce Road Rule 198 which prevents vehicles from parking in a way that restricts access from/to an adjacent property. It was further agreed that the land owner be advised that alterations to their driveway to allow forward entry/exit be considered to allow for safe manoeuvres. Recommendation: 1. The concerned land owner be advised that an alteration to the driveway of his property

to allow a forward exit may improve safety.

2. Council Rangers be made aware of the concerns regarding parking in this area. 2013.SE.022 Special Event – Discovery Weekend for Cyclists Leisa Tague, Council’s Events and Grants Development Officer was welcomed to the Committee. Mrs Tague provided the Committee with an overview of the Discovery Weekend cycling event to be held from 29 November to 1 December 2013 in Batemans Bay. The weekend will attract between 500-700 cyclists who will participate in various touring rides not road races. The cyclists have a choice to participate in rides on roads, shared paths and bush tracks. All cycling will be conducted within the Road Rules. All rides will commence at Hanging Rock Sporting Complex and some extending as far north as South Durras, west to Nelligen and south to Moruya Heads. Marshalls made up of 70 Bicycle NSW volunteers and an unknown number of local volunteers will be located at key points along each route.


FS13/18 TRAFFIC COMMITTEE MEETING NO 09 FOR 2012/2013 HELD ON THURSDAY 13 JUNE 2013 E13.7002 Council will be developing Traffic Management Plans for each route. The Committee agreed that road safety education in the lead up to the event is needed to remind local drivers of the rules of sharing the road with cyclists. The Committee enquired as to how many children will be participating and Mrs Tague will attempt to ascertain this information. Recommendation: The Traffic Management Plans, once developed, be submitted to a future meeting of the Committee. Other Items 2013.IN.026 Traffic Management – Tallgums Way, Surf Beach Correspondence has been received from a resident in Tallgums Way, Surf Beach requesting that signage be installed to alert truck drivers to limit compression braking when travelling downhill in George Bass Drive. The RMS representative stated that whilst such signage has been installed across the road network they appear to be ineffective as the offence is unenforceable. Truck drivers appear not to follow the advice contained on the signs and continue to use their vehicle’s compression brakes. The Committee agreed that installing a sign ‘Reduce Noise Please Limit Compression Braking’ would be ineffective and is therefore not supported. Recommendation: That the installation of ‘Reduce Noise Please Limit Compression Braking’ signage along George Bass Drive, Surf Beach not be supported. 2013.IN.027 Signage – North Head Drive, Moruya A resident has requested enhancements to a kangaroo warning sign located in North Head Drive, Moruya. The location in question is where kangaroos are frequently encountered and a kangaroo warning sign is already positioned in the vicinity as a warning to motorists. The resident has requested the words ‘Dusk to Dawn’ be added to the existing sign and that information be provided on who to call in the event of a collision with wildlife. The Committee agreed that the requested word enhancements to the kangaroo warning sign are not warranted as kangaroos can be encountered at any time of day or night in rural areas. It was further agreed that the requested word enhancements do not constitute a standard sign in accordance with legislation.


FS13/18 TRAFFIC COMMITTEE MEETING NO 09 FOR 2012/2013 HELD ON THURSDAY 13 JUNE 2013 E13.7002 Recommendation: The installation of additional wording to the existing kangaroo warnings sign located in North Head Drive, Moruya not be supported.

INTEGRATED PLANNING AND REPORTING

Community Strategic Plan Link

Delivery Plan Link Operational Plan Link

Strategy 2.2 Enhance and make best use of our public facilities and transport Strategy 7.1 Help our local economy grow

Ongoing Operations 7 Provide and maintain a safe and reliable roads and transport network

Action 6.4 Coordinate the Local Traffic Committee

NEXT MEETING

The next meeting of the Eurobodalla Local Traffic Committee meeting will be held on Thursday 11 July 2013.

RECOMMENDED

THAT: 1. The minutes of the Eurobodalla Local Traffic Committee meeting No.09 for 2012/13 held

on 13 June 2013 be received and noted.

2. A No Parking zone be installed immediately adjacent to the St Vincent de Paul clothing collection bins located within the Canty Street car park, Narooma.

3. Local businesses in the vicinity of the Canty Street car park, Narooma be consulted on the proposal to make the traffic flow within in the car park one-way.

4. Plan 5043 Set B Sheet 3 detailing the signage and line-marking associated with the shared path along Durras Lake Road, South Durras be approved.

5. The delineation at the roundabout located in Hume Road, Sunshine Bay at the intersection with Wentworth Avenue be improved by installing painted splinter islands, chevron markers and raised pavement markers.

WARREN SHARPE DIRECTOR INFRASTRUCTURE SERVICES

REPORT TO COMBINED POLICY AND STRATEGY AND FINANCE AND SERVICES COMMITTEE MEETING HELD ON TUESDAY 9 JULY 2013 Page 14

FS13/19 WHARF ROAD SHARED PATHWAY CONTRIBUTIONS BY PROPERTY OWNERS E12.6398

SYNOPSIS

To consider whether Eurobodalla Shire Council should charge contributions in accordance with current policy or fully waive contributions by property owners fronting the Wharf Road shared pathway.

BACKGROUND

Stage 1 of the Wharf Road shared pathway project consists of constructing a 2.5 metre wide concrete shared pathway and associated works from Korners Park to eastern boundary of the Rio Rita Caravan Park. Stage 2 follows on from Stage 1 and finishes at Mundarra Way. Funding of the stages is as per the following table:

Contribution Stage 1 Stage 2 Total

RMS $ 66,598 $ 98,402 $165,000

Owners contributions $ 33,298 $0 $ 33,298

Council allocation $ 33,298 $ 98,404 $131,702

$133,194 $196,806 $330,000

Legal

Section 217 of the Roads Act, 1993 states the following:

Roads authority may recover cost of paving, kerbing and guttering footways. 1. The owner of land adjoining a public road is liable to contribute to the cost incurred by a roads authority in constructing or paving any kerb, gutter or footway along the side of the public road adjacent to the land. 2. The amount of the contribution is to be such amount (not more than half of the cost) as the roads authority may determine. 3. The owner of land the subject of such a determination becomes liable to pay the amount determined on receiving notice of that amount.

Two submissions have been submitted addressing various items in the report PSFS13/24 to the combined Policy and Strategy and Finance and Services meeting held on 14 May 2013. Council has sought legal advice in relation to the contents of the first submission and provides a summary of the legal advice for Council’s consideration: Issue 1 The levying of a 50% contribution towards the construction of a “cycleway” under

the Roads Act is inconsistent with the tenor of the legislation for a footway contribution.

Advice 1 The statutory definition of a “footway” is not limited by any numerical standard and extends to a “shared pathway” of whatever width – this is a pathway which may be utilised by both bicycle and pedestrian traffic.

Issue 2 It is to our understanding that council has not allocated any of its own funds to this section of the cycleway and has simply levied a 50% contribution from residents and possibly a share of the 50% of the RMS cycleway grant towards the work.



Advice 2 Contributions by adjoining landowners have been recalculated based upon those costs which council will actually incur in constructing the pathway. RMS contributions have been excluded from this calculation.

Issue 3 The impost is significant and, in our view, the way in which this is being levied (under the Roads Act) seeking a contribution towards a cycleway is ultra vires.

Advice 3 It is not ultra vires or beyond power for council to require a contribution under section 217 from adjoining land owners.

Issue 4 The submission asserts that council is acting with bias in the exercise of its regulatory powers. Council has singled out one part of the community, those that reside on land zoned for medium density development and council has applied a charge specifically to that group and has not applied that charge to any other ratepayers (in the exercise of its regulatory powers).

Advice 4 There is no evidence to support the claim of bias and this aspect of the submission should be rejected.

Issue 5 Council is required when levying a charge to follow due statutory process in order to set that charge. An examination of council’s 2012/13 Fees and Charges indicates that council has never set a charge for the levying of a charge for construction of a footway nor the imposition of the 50% contribution. Council now, by attempting to charge residents, is acting outside its powers.

Advice 5 Any contribution imposed under Section 217 of the Roads Act 1993 is not required to be included in the Council’s annual fees and charges, which have been adopted by the Council under a separate source of power.

Issue 6 The submission asserts that council staff did not have the authority to initiate this process and to set charges, noting also that we are of the view that the charge is excessive.

Advice 6 The determination of an appropriate contribution under section 217 of the Roads Act is not a function which cannot be delegated by the Council to council staff. (Note: In determining this matter, council will be making the decision).

Issue 7 The method by which contributions were calculated has not been made available for public scrutiny. This information is a “public access” document and should be made available.

Advice 7 Council will provide access to contributions calculations upon request.

Policy

Council has a current policy, “Footpath Construction – Contributions by Property Owners”. This policy establishes Council’s position in regard to seeking contributions from property owners toward the construction of public pathways, along their property frontage. The policy was adopted in September 2009. Where Council is constructing public pathways as part of its annual works program, Council will adopt the following position in regard to seeking contributions from property owners. Council will not seek contributions toward the construction of new pathways in existing low density residential areas. Where Council proposes to construct a public pathway as part of its annual works program within an area zoned for commercial, industrial or medium/high density residential development, Council will seek a contribution toward the work



equivalent to half the cost of the footpath construction under Section 217 of the Roads Act, 1993. The properties fronting the shared pathway on Wharf Road are zoned R3 – Medium Density Residential under the Eurobodalla Local Environmental Plan 2012.

CONSIDERATIONS

The following options are presented for consideration by council in relation to the charging of contributions towards a shared pathway along Wharf Road from Korners Park to the eastern boundary of Rio Rita Caravan Park. Any decision made in respect to varying Council’s current policy will set precedence in charging future contributions under the “Footpath Construction – Contributions by Property Owners” policy. Any variance to the current policy in relation to the way the policy is applied will have long term budget implications. Option 1 Charge contributions for a 2.5metre wide shared pathway in accordance with Council’s current “Footpath Construction – Contributions by Property Owners” policy. The estimate to construct a shared pathway along the frontage of properties along Wharf Road for a distance of 398 lineal metres is $133,194. It should be clarified at this point that this estimate of costs includes the construction of the pathway and all ancillary works and costs associated with the project. Should final construction costs come in under budget estimates, contributions will be varied downwards accordingly. Property owners have been advised that a cost of $167 per metre of property frontage shall be used as an upper limit. Contributions for this option are as per the table under the “Background” heading above and amount to $33,298. Option 2 Council consider revising its current “Footpath Construction – Contributions by Property Owners” policy to remove any charge towards new shared pathways throughout the local government area. This will have both short and long term effects on available revenue to support the construction of shared pathways. For the Wharf Road project, from Korners Park to past Rio Rita Caravan Park, this will mean a reduction in revenue of $33,298.50. Council would need to meet this reduction in revenue through its own revenue sources. The following table outlines the revised contributions based upon this option.

Contribution Stage 1 Stage 2 Total

RMS $ 66,598 $ 98,402 $165,000

Owners contributions $0 $0 $0

Council allocation $ 66,5961 $ 98,404 $165,000

$133,194 $196,806 $330,000

1 $33,298 funded by deferring a selected project in the 2013/14 pathways program. The longer term effects of not charging any contributions by landholders for the “Eurobodalla Shared Pathway Strategy” would see a reduction in external revenue sources



of approximately $1.17 million dollars (=6,983 m x $167/m). This figure has been based upon the Wharf Road construction estimate but will vary from project to project depending on the scope of works at individual sites.

Social Impact

In July 2010 Council adopted the “Eurobodalla Shared Pathway Strategy”. Some of the objectives of the strategy include:

Develop a practical network of facilities that can be used by all of its residents and visitors.

Promote the environmental, recreational, health and economic benefits of cycling and walking.

Encourage walking and cycling as alternative modes of transport.

Increase the safety of pedestrians and cyclists through engineering, education and encouragement.

Promote cycle-based tourism in Eurobodalla. Integrated Planning and Reporting

This report addresses strategies and actions in council’s Integrated Planning and Reporting framework as follows:

Community Strategic Plan Link Delivery Plan Link Operational Plan Link

7.1 Help our local economy grow.

7. Provide and maintain a safe and reliable roads and transport network

6.3 Undertake the capital works program for roads, pathways and public transport facilities.

Financial

Council’s policy allows the General Manager to have delegated authority to approve an extension of time for the payment of a contribution for pathways where genuine hardship exists, subject to receipt of an application in writing from the affected parties. All land owners adjacent to the Wharf Road shared pathway have been extended this opportunity in a letter dated 4 April 2013. As mentioned above, should Option 2 be adopted by Council there will be a shortfall in the project funding through a reduction in owner contributions. Whilst every effort will be made to reduce construction costs, Council will still need to provide for the difference in the reduction of owner contributions. It is proposed that any shortfall associated with an elimination of owner’s contributions be treated as follows: Option 2 – There would be insufficient funds from savings in Footpaths/Cycleways – New Capital Works Program to fund a shortfall of $33,298. In order to complete the project, any outstanding works would need to be funded in the 2013/14 budget. In order to facilitate this, Council would need to defer a selected project for 12 months in the proposed 2013/14 pathways program.



CONCLUSION

Two options for the charging of contributions towards the Wharf Road and future shared pathway projects have been presented for consideration as follows: Option 1 is to charge in accordance with Council’s current policy Footpath Construction – Contribution by Property Owners”. Option 2 is to review Council’s current “Footpath Construction – Contribution by Property Owners” policy and remove any charge towards new shared pathways. Option 2 will set precedence and ultimately will result in a reduction in external revenue sources (approximately $1.17 million). Whilst this will not preclude Council from constructing the infrastructure it will be many years before the community will see the full benefit of the shared pathway program.

RECOMMENDED

THAT Council charge contributions towards the Wharf Road shared pathway in accordance with Council’s current “Footpath Construction – Contribution by Property Owners” policy for a 2.5 metre wide shared pathway. WARREN SHARPE DIRECTOR INFRASTRUCTURE SERVICES

REPORT TO FINANCE AND SERVICES COMMITTEE MEETING OF EUROBODALLA SHIRE COUNCIL HELD ON 9 JULY 2013 Page 19

FS13/20 POLICY REVIEW – DEBT RECOVERY POLICY E13.7095

SYNOPSIS

Council pursues commercial debt recovery procedures in order to minimise the impact of outstanding debts on Council's financial position. Debt recovery procedures of Council and any agent employed by Council must meet the highest ethical and professional standards, such as Debt Collection Guideline for Collectors and Creditors 2010, developed jointly by the Australian Competition and Consumer Commission (ACCC) and Australian Securities and Investments Commission (ASIC).

BACKGROUND

The purpose of this policy is to ensure ethical, effective and efficient debt recovery, including rates, charges and other debts. The policy aims to promote a clear guideline for the recovery of debts, to ensure consistency and fairness in the way Council deals with debt recovery, to ensure compliance with legislation and financial industry guidelines. This policy has been updated, combining the previous ‘Debtors and Recoveries’ and ‘Rate Recovery’ policies into a single Debt Recovery Policy, to simplify Council's requirements regarding debt recovery and make them accessible and understandable to the public. The previous ‘Rate Recovery’ policy is recommended to be repealed.

CHANGES

Combined the previous two ‘Debtors and Recoveries’ and ‘Rate Recovery’ policies into a single Debt Recovery Policy. (The ‘Rate Recovery’ policy is recommended to be repealed.)

Updated content to policy explaining Council’s position regarding debt recovery and the steps to be taken to implement the policy, and updated review date and links.

Formatting changes - updated to new policy template.

CONSULTATION

We will consult (seek feedback) with the community by public exhibition and exhibiting the draft Debt Recovery policy and intention to repeal the Rate Recovery policy on Council’s website, at libraries, and at the Customer Service Centre in Moruya, for a period of 28 days.

CONCLUSION

The draft Debt Recovery policy and intention to repeal the Rate Recovery policy will be exhibited for 28 days. At the end of the exhibition period the draft Debt Recovery policy will be presented to Council for consideration, along with a report to consider any submissions that may be received during the exhibition period.


FS13/20 POLICY REVIEW – DEBT RECOVERY POLICY E13.7095

RECOMMENDED

THAT: 1. The Finance and Services Committee seeks Council’s endorsement of the draft Debt

Recovery Policy and repeal of the Rate Recovery Policy. 2. The draft Debt Recovery policy and intention to repeal the Rate Recovery policy be

placed on public exhibition for a period of 28 days and, following the expiration of this period, these policies be presented back to Council for consideration.



FS13/21 POLICY REVIEW – DEVELOPMENT CONTRIBUTIONS – REQUESTS FOR REFUNDS POLICY E13.7095

SYNOPSIS

Development Contributions, typically paid in association with development consent, are a restricted asset of Council. This policy applies to requests for refunds of Development Contributions that have been paid.

BACKGROUND

Development Contributions received by Council are legally mandated a restricted asset. From time to time and in various circumstances Council is requested to refund Development Contributions. This policy ensures refund requests for Development Contributions are processed consistently and in accordance with relevant legislation and case law.

The previous adopted policy (August 2007) has now been updated with amendments, and a

code of practice has been formulated in conjunction with the revision of the policy.

CHANGES

Formatting changes.

Reference to the revised Development Contributions – Refunds Code of Practice that now contains the detail previously held within the policy.

Updated information regarding related policies, relevant case law, added links and references.

CONSULTATION


CONCLUSION

The draft Development Contributions – Requests For Refunds policy will be exhibited for 28 days. At the end of the exhibition period the draft Development Contributions – Requests for Refunds policy will be presented to Council for consideration, along with a report to consider any submissions that may be received during the exhibition period.


FS13/21 POLICY REVIEW – DEVELOPMENT CONTRIBUTIONS – REQUESTS FOR REFUNDS POLICY E13.7095

RECOMMENDED

THAT: 1. The Finance and Services Committee seeks Council’s endorsement of the draft

Development Contributions – Requests For Refunds Policy.

2. The draft Development Contributions – Requests For Refunds policy be placed on public exhibition for a period of 28 days and, following the expiration of this period, the draft policy be presented back to Council for consideration.



FS13/22 POLICY REVIEW – FRAUD CONTROL POLICY E13.7095

SYNOPSIS

This policy is designed to protect public funds and assets, protect the integrity, security and reputation of the Council and its staff and maintain a high level of services to the community. The policy supports the organisational values of integrity and ethics. The policy aims to:

• Facilitate the development of controls which will aid in the detection and prevention of fraud against the Eurobodalla Shire Council.

• Create a culture of awareness that fraud and corruption will not be tolerated.

BACKGROUND

Eurobodalla Shire Council will comply with Public Interest Disclosures Act 1994, Chapter 14 Honesty and Disclosure of Interests, Local Government Act 1993 and Independent Commission against Corruption (ICAC) Act 1998.

The previous adopted policy (2009) has been updated with minor formatting edits and updated references.

CHANGES

Formatting changes.

Updated information, added links and references.

CONSULTATION


CONCLUSION

The draft Fraud Control policy will be exhibited for 28 days. At the end of the exhibition period the draft Fraud Control policy and (if public submissions are received during the exhibition period) a report to consider any submissions will be presented to Council for consideration.

RECOMMENDED

THAT: 1. The Finance and Services Committee seeks Council’s endorsement of the draft Fraud

Control Policy. 2. The draft Fraud Control policy be placed on public exhibition for a period of 28 days

and, following the expiration of this period, the draft policy be presented back to Council for consideration.



FS13/23 POLICY REVIEW – GATHERING INFORMATION FOR RISK MANAGEMENT POLICY E13.7095

SYNOPSIS

Councils are faced with various types of incidents that may result in a complaint or claim against the council, including public liability, professional indemnity, or workers compensation claims. Effective risk management relies on identifying in advance any potentially harmful aspects which could arise from operations; analysis of the likely consequences if an incident were to occur; and implementation of controls to prevent it occurring. Therefore it is essential that council has in place a systematic process to consistently record information about risks, hazards and incidents to enable it to respond in a coordinated manner. This policy recognises the importance of gathering information and records in the day-to-day operations of council and the management of risk and incidents, and of those records meeting acceptable evidence standards for court to defend any claims brought against Council. BACKGROUND Councils are constantly required to provide information to assist in defending public liability and professional indemnity claims. To defend these claims, a council is required to show that it acted in a manner which was not in breach of its duty of care. Often, the only proof to support this position is the testimony of council officers and council’s records of its activities. The information is invaluable in succeeding in the defence of a claim, and must be formatted and gathered in such a way to ensure that it is not rendered inadmissible as evidence when defending claims in court. Rejection by the courts has been largely due to recording and collection techniques. Adopted in September 2009, the previous policy has now been updated to reflect current legislative requirements and best practice.

CHANGES

Updated information regarding legislation and best practice, added links and references.

Formatting changes. CONSULTATION We will consult (seek feedback) with the community by public exhibition and exhibiting the draft policy on Council’s website, at libraries, and at the Customer Service Centre in Moruya, for a period of 28 days. CONCLUSION The draft Gathering Information for Risk Management policy will be exhibited for 28 days. At the end of the exhibition period the draft Gathering Information for Risk Management


FS13/23 POLICY REVIEW – GATHERING INFORMATION FOR RISK MANAGEMENT POLICY E13.7095

policy will be presented to Council for consideration, along with a report to consider any submissions that may be received during the exhibition period. RECOMMENDED THAT: 1. The Finance and Services Committee seeks Council’s endorsement of the draft

Gathering Information for Risk Management Policy. 2. The draft Gathering Information for Risk Management policy be placed on public

exhibition for a period of 28 days and, following the expiration of this period, the draft policy be presented back to Council for consideration.



FS13/24 POLICY REVIEW – GIFTS AND BENEFITS POLICY E13.7095

SYNOPSIS

This policy is designed to establish for councillors and staff standards of behaviour and procedures to be followed in relation to the acceptance of gifts or benefits, in order to comply with the Local Government Act 1993 and The Model Code of Conduct for Local Government Councils in NSW (current version) published by the Division of Local Government (DLG). This policy does not cover political donations or contributions to an election fund that are subject to the provisions of the relevant election funding legislation.

BACKGROUND

This policy is supplementary to Council’s Code of Conduct, which includes the provision that councillors and staff, by virtue of their position, must not: seek or acquire a personal profit or advantage which has a monetary value, or accept bribes or other improper inducement; nor accept any payment, gift or benefit intended or likely to influence, or that could be reasonably perceived by an impartial observer as intended or likely to influence, the proper exercising of official duties. This policy aims to ensure consistency and fairness in the manner in which Council deals with Gifts and Benefits, compliance with legislative requirements, to promote transparency and public awareness of the requirements with respect to Gifts and Benefits, and to make council's policies readily accessible and understandable to the public.

CHANGES

Updated implementation steps, review date, and links. Formatting changes - updated to new policy template.

CONSULTATION


CONCLUSION

The draft Gifts and Benefits policy will be exhibited for 28 days. At the end of the exhibition period the draft Gifts and Benefits policy will be presented to Council for consideration, along with a report to consider any submissions that may be received during the exhibition period.


FS13/24 POLICY REVIEW – GIFTS AND BENEFITS POLICY E13.7095

RECOMMENDED

THAT: 1. The Finance and Services Committee seeks Council’s endorsement of the draft Gifts

and Benefits Policy.

2. The draft Gifts and Benefits policy be placed on public exhibition for a period of 28 days and, following the expiration of this period, the draft policy be presented back to Council for consideration.



FS13/25 POLICY REVIEW – INTEREST FREE ADVANCES TO SPORTING & CULTURAL ORGANISATIONS POLICY E13.7095

SYNOPSIS

Eurobodalla Shire Council’s Community Strategic Plan (CSP) recognises the important roles of social, cultural and sporting groups within the community to achieve key strategic objectives. Council will make interest free loans available to these groups on application, subject to eligibility criteria and conditions at a reasonable cost to ratepayers. These loans provide a positive incentive for qualifying local organisations to assist their operations and undertake special projects.

BACKGROUND

The loans provide a positive incentive to local groups and should assist both the group and Council to deliver key strategic objectives identified in the Community Strategic Plan. The policy provides a framework to consider criteria for eligibility, sources and limits on funding, risk, security, default/recovery, application requirements and a pro forma agreement. This updated policy replaces the previous policy adopted in September 2009 and any other related amending or clarifying policies or codes of practice.

CHANGES

Formatting changes.

Updated information regarding related policies, added links and references.

CONSULTATION


CONCLUSION

The draft Interest Free Advances to Sporting & Cultural Organisations policy will be exhibited for 28 days. At the end of the exhibition period the draft Interest Free Advances to Sporting & Cultural Organisations policy will be presented to council for consideration, along with a report to consider any submissions that may be received during the exhibition period.


FS13/25 POLICY REVIEW – INTEREST FREE ADVANCES TO SPORTING & CULTURAL ORGANISATIONS POLICY E13.7095

RECOMMENDED

THAT: 1. The Finance and Services Committee seeks Council’s endorsement of the draft Interest

Free Advances to Sporting & Cultural Organisations Policy. 2. The draft Interest Free Advances to Sporting & Cultural Organisations policy be placed

on public exhibition for a period of 28 days and, following the expiration of this period, the draft policy be presented back to Council for consideration.



FS13/26 POLICY REVIEW – LAND INVESTMENT POLICY E13.7095

SYNOPSIS

Council will invest in land to develop revenue streams that may be used to finance community infrastructure and other objectives determined by Council. This policy is designed to ensure that the Finance Strategy will use existing land holdings to create revenue that will be made available to: • Finance significant community infrastructure; • Purchase strategic land holdings; and • Finance other objectives as determined by Council.

BACKGROUND

Eurobodalla Shire Council will comply with Section 625 of the Local Government Act (NSW) 1993; The Trustee Amendment (Discretionary Investments) Act (NSW) 1997 section 14A(2); Local Government Code of Accounting Practice and Financial Reporting and Investment Policy Guidelines dated May 2010 (issued by the DLG); and Chapter 12, Part 6 LGA – Public-Private Partnerships. The previous adopted policy (2009) has been updated with minor formatting edits and updated references.

CHANGES

Formatting changes.

Updated information regarding related policies, added links and references.

CONSULTATION


CONCLUSION

The draft Land Investment policy will be exhibited for 28 days. At the end of the exhibition period the draft Land Investment policy will be presented to Council for consideration, along with a report to consider any submissions that may be received during the exhibition period.


FS13/26 POLICY REVIEW – LAND INVESTMENT POLICY E13.7095

RECOMMENDED

THAT: 1. The Finance and Services Committee seeks Council’s endorsement of the draft Land

Investment Policy.

2. The draft Land Investment policy be placed on public exhibition for a period of 28 days and, following the expiration of this period, the draft policy be presented back to Council for consideration.


REPORT TO FINANCE AND SERVICES COMMITTEE OF EUROBODALLA SHIRE COUNCIL HELD ON TUESDAY 2 JULY 2013 Page 32

FS13/27 POLICY REVIEW – PRICING POLICY E13.7095

SYNOPSIS

Council’s pricing policy recognises people’s ability to pay and balances an expectation that some services will be cross subsidised from rates for the common good of the community. This policy applies to the setting of the Fees and Charges on an annual basis.

BACKGROUND

Section 608 of the Local Government Act 1993, (the Act) allows councils to charge or recover a fee for any service it provides such as:

Supplying a service, product, or commodity; Giving information; Providing a service in relation to council’s regulatory functions; or Allowing admission to a building or other council owned venue.

This policy identifies the pricing methodology employed to set the annual Fees and Charges document as required by Section 405 of the Act. The previous adopted policy (2009) has now been updated with amendments and a code of

practice has been formulated in conjunction with the revision of the policy.

CHANGES

Formatting changes.

Reference to the new Pricing Code of Practice that now contains the detail previously held within the policy.

Updated information regarding related policies, relevant case law, added links and references.

CONSULTATION


CONCLUSION

The draft Pricing policy will be exhibited for 28 days. At the end of the exhibition period the draft Pricing policy will be presented to Council for consideration, along with a report to consider any submissions that may be received during the exhibition period.


FS13/27 POLICY REVIEW – PRICING POLICY E13.7095

RECOMMENDED

THAT: 1. The Finance and Services Committee seeks Council’s endorsement of the draft Pricing

Policy. 2. The draft Pricing policy be placed on public exhibition for a period of 28 days and,

following the expiration of this period, the draft policy be presented back to Council for consideration.



FS13/28 POLICY REVIEW – PRIVACY AND INFORMATION PROTECTION POLICY E13.7095

SYNOPSIS

Council respects the privacy of its residents and ratepayers, workers, and all that do business with council. Council is also committed to encouraging transparency and accountability in managing the information that it collects and holds. This policy ensures that council meets its privacy obligations under legislation in an efficient and timely manner, and assures community confidence that any personal or health information collected and held by council is dealt with strictly in accordance to legislation.

BACKGROUND

Council as a NSW public sector agency is bound by the Privacy Code of Practice for Local Government (2000), Privacy and Personal Information Protection Act 1998 (PPIPA), and the Health Records Information Protection Act 2002 (HRIPA). Adopted in September 2009, the previous policy has now been updated to reflect current legislative requirements and best practice.

CHANGES

Change of name from ‘Privacy Management Plan’ to ‘Privacy and Information Protection Policy’.

Updated information regarding legislation and added links and references.

Included information about Privacy Officer’s role and responsibilities.

Included information about complaints and requests regarding privacy.

Formatting changes.

CONSULTATION


CONCLUSION

The draft Privacy and Information Protection policy will be exhibited for 28 days. At the end of the exhibition period the draft [Policy Name] policy will be presented to Council for consideration, along with a report to consider any submissions that may be received during the exhibition period.


FS13/28 POLICY REVIEW – PRIVACY AND INFORMATION PROTECTION POLICY E13.7095

RECOMMENDED

THAT: 1. The Finance and Services Committee seeks Council’s endorsement of the draft Privacy

and Information Protection Policy.

2. The draft Privacy and Information Protection policy be placed on public exhibition for a period of 28 days and, following the expiration of this period, the draft policy be presented back to Council for consideration.



FS13/29 POLICY REVIEW – PUBLIC INTEREST DISCLOSURES INTERNAL REPORTING POLICY E13.7095

SYNOPSIS

Council staff members who come forward and report wrongdoing are helping to promote integrity, accountability and good management within the council. Eurobodalla Shire Council, its General Manager and all its managers are committed to legislative compliance and to supporting and protecting staff if they report wrongdoing.

This policy provides a consistent and transparent framework for internal reporting of wrongdoing which complies with legislative requirements.

BACKGROUND

Under section 6D of the Public Interest Disclosures Act 1994 (the PID Act), public authorities such as councils are required to have a policy and procedures for receiving, assessing and dealing with public interest disclosures.

This policy is based on the NSW Ombudsman's Model Internal Reporting Policy (Local Government) of Sept 2011 as issued by the Office of the NSW Ombudsman, which was drafted to ensure compliance with the PID Act. All associated procedures have also taken into consideration a series of guidelines issued by the Ombudsman.

The policy is reviewed every eighteen (18) months and was last reviewed and approved by Council on 26 June 2012.

CHANGES

Apart from formatting changes, minor grammatical edits and addition of reference links, the content of the policy essentially remains unchanged from the version last approved by Council on 26 June 2012, and remains compliant with the NSW Ombudsman’s Model Policy.

CONSULTATION


CONCLUSION

The draft Public Interest Disclosures Internal Reporting policy will be exhibited for 28 days. At the end of the exhibition period the draft Public Interest Disclosures Internal Reporting policy will be presented to Council for consideration, along with a report to consider any submissions that may be received during the exhibition period.


FS13/29 POLICY REVIEW – PUBLIC INTEREST DISCLOSURES INTERNAL REPORTING POLICY E13.7095

RECOMMENDED

THAT: 1. The Finance and Services Committee seeks Council’s endorsement of the draft Public

Interest Disclosures Internal Reporting policy. 2. The draft Public Interest Disclosures Internal Reporting policy be placed on public




FS13/30 POLICY REVIEW – RISK MANAGEMENT POLICY E13.7095

SYNOPSIS

Eurobodalla Shire Council is committed to the management of risk as an integral part of its governance and operations. Council will focus on strategies to minimise risks to the achievement of Council’s vision and objectives in order to benefit the community through the efficient and effective fulfilment of Council’s function. The management of risk is to be integrated into Council’s existing governance, planning and operational processes.

BACKGROUND

Council is guided by the Local Government Act 1993, the Civil Liability Act 2002, current Australian Standards for Risk Management and Statewide Mutual’s Best Practice Manuals for the management of risk.

CHANGES

The previously adopted Risk Management Policy has been updated to ensure compliance with current Best Practice and Australian Standards and a revised diagram depicting the Enterprise Risk Management Framework has been included.

CONSULTATION


CONCLUSION

The draft Risk Management policy will be exhibited for 28 days. At the end of the exhibition period the draft Risk Management policy will be presented to Council for consideration, along with a report to consider any submissions that may be received during the exhibition period.

RECOMMENDED

THAT: 1. The Finance and Services Committee seeks Council’s endorsement of the draft Risk

Management Policy. 2. The draft Risk Management policy be placed on public exhibition for a period of 28

days and, following the expiration of this period, the draft policy be presented back to Council for consideration.



FS13/31 POLICY REVIEW – SIGNS AS REMOTE SUPERVISION POLICY E13.7095

SYNOPSIS

Council is bound by a Duty of Care to users of its facilities. Users of Council owned, operated or controlled land are exposed to varying degrees of risk associated with the hazards which exist on the land: both natural hazards, and hazards related to developed facilities. As it is not always possible to eliminate the risk from these hazards, it is desirable for Council to provide a warning to users of the land about the risk and nature of any hazards. Remote supervision signage is used to advise or warn people of the inherent dangers in the environment in which they are operating. Using signs as remote supervision helps Council to mitigate risk at its recreation and sporting facilities, and achieve the community objective for ensuring that recreational opportunities cater to the needs of the community and visitors. Areas of recreational risk exposure at Council owned or controlled facilities such as beaches, swimming pools, tidal pools, reserves, parks and public walkways, are assessed with a view to mitigating risk by using signs as remote supervision.

BACKGROUND

Using signs can be an effective way to provide a risk warning and influence people’s decisions and behaviour in relation to hazards. Section 5M of the Civil Liability Act 2002 states that a risk warning for a recreational activity can be given in writing, including by means of a sign. Adopted in September 2009, the previous policy has now been updated to reflect current legislative requirements and best practice.

CHANGES

Updated information regarding legislation and best practice, added links and references.

Added implementation details and updated review date.

Formatting changes, use of new template.

CONSULTATION


CONCLUSION

The draft Signs as Remote Supervision policy will be exhibited for 28 days. At the end of the exhibition period the draft [Policy Name] policy will be presented to Council for consideration, along with a report to consider any submissions that may be received during the exhibition period.


FS13/31 POLICY REVIEW – SIGNS AS REMOTE SUPERVISION POLICY E13.7095

RECOMMENDED

THAT: 1. The Finance and Services Committee seeks Council’s endorsement of the draft Signs as

Remote Supervision Policy. 2. The draft Signs as Remote Supervision policy be placed on public exhibition for a

period of 28 days and, following the expiration of this period, the draft policy be presented back to Council for consideration.



FS13/32 POLICY REVIEW - COMMUNITY TRANSPORT E91.2047

SYNOPSIS

This report seeks approval to exhibit Council’s intention to repeal the Community Transport Policy. The purpose of the policy, in terms of funding and service parameters is covered under the Aged Care Services and Disability Services policies.

BACKGROUND

Prior to 2011 Community Transport services were accredited against the Home and Community Care Standards. The introduction of the Community Care Common Standards in 2011 is directly linked to the Federal Government’s Aged Care Reform Agenda, which gives responsibility for the funding of aged care services to the Federal government from July 2012. Community Transport also provides transport to people with a disability and their carers. Responsibility for funding disability transport and non-emergency health related transport rests with the State government.

CONSIDERATIONS

The current policy is no longer required. The Aged Care services policy and Disability Services policy reflect the changes in funding arrangements and the introduction of the Community Care Common Standards as the guiding framework for the management and delivery of state and federally funded community transport services. Council’s Community Transport Service is measured against the eighteen Expected Outcomes within the Standards. Meeting these standards is part of the accreditation process.

LEGAL

The Community Care Standards were introduced nationally in 2011. All funded agencies from this date are required to use the three Community Care Common Standards and eighteen Expected Outcomes as the criteria to measure all aspects of service delivery and program management. In accepting funding and signing funding agreements with the Department of Health and Ageing, NSW Department of Ageing, Disability and Home Care and the NSW Department of Health Council is agreeing to comply with the funding guidelines and the Community Care Common Standards. This process is addressed in the Aged Care Services and Disability Services policies.

CONSULTATION

We will consult (seek feedback) with the community by public exhibition and exhibiting the intention to repeal the policy on Council’s website, at libraries, and at the Customer Service Centre in Moruya for a period of 28 days.


FS13/32 POLICY REVIEW - COMMUNITY TRANSPORT E91.2047

CONCLUSION

The intention to repeal Community Transport policy will be exhibited for 28 days. At the end of the exhibition period the intention to repeal Community Transport policy will be presented to Council for consideration, along with a report to consider any submissions that may be received during the exhibition period.

RECOMMENDED

THAT: 1. The Finance and Services Committee seeks Council’s endorsement to repeal the

Community Transport Policy. 2. Council’s intention to repeal the Community Transport Policy be placed on public

exhibition for a period of 28 days and, following the expiration of this period, the repeal of the policy be presented back to Council for consideration.

KERRY FOSTER DIRECTOR COMMUNITY AND CORPORATE OUTCOMES


FS13/33 POLICY REVIEW – EXTINGUISHMENT OF EASEMENTS E09.3418

SYNOPSIS

The policy is designed to ensure a consistency of approach to the extinguishment of easements over private property when no longer required by Council.

BACKGROUND

The existing Extinguishment of Easements policy is presented to this briefing. The policy provides for the extinguishment of easements by sale of Council's rights to the use of easements when no longer required. It also sets out how the value is to be determined and the incidental costs to be borne by each party, which vary according to the party that initiates the closure.

Any changes requested will be incorporated into this policy which will then be presented to a Policy & Strategy Committee for endorsement.

CHANGES

There are no changes to the policy apart from minor changes to fit the new format.

CONSULTATION


CONCLUSION

The draft Extinguishment of Easement policy will be exhibited for 28 days. At the end of the exhibition period the draft Extinguishment of Easement policy will be presented to Council for consideration, along with a report to consider any submissions that may be received during the exhibition period.

RECOMMENDED


Extinguishment of Easement policy. 2. The draft Extinguishment of Easement policy be placed on public exhibition for a


KERRY FOSTER DIRECTOR COMMUNITY AND CORPORATE OUTCOMES Attach.


FS13/34 POLICY REVIEW – FEES FOR LICENCES GRANTED TO NOT-FOR-PROFIT GROUPS AND ORGANISATIONS E09.3418

SYNOPSIS

The purpose of the Fees for Licences Granted by Council to Not-For-Profit Groups and Organisations Policy is to ensure consistency in licence fee charges and to assist local not-for-profit groups and organisations to provide services.

BACKGROUND

The existing Fees for Licences Granted by Council to Not-For-Profit Groups and Organisations policy is presented to this briefing. It is proposed to combine this policy with the draft Financial Assistance Donations and Grants Policy. There are a number of policies relating to donations by Council. It is considered appropriate for these policies to be combined in a single policy.

CONSULTATION


CONCLUSION

The intention to repeal Fees for Licences Granted to Not-For-Profit Groups and Organisations policy will be exhibited for 28 days. At the end of the exhibition period the intention to repeal Fees for Licences Granted to Not-For-Profit Groups and Organisations policy will be presented to Council for consideration, along with a report to consider any submissions that may be received during the exhibition period.

RECOMMENDED

THAT: 1. The Finance and Services Committee seeks Council’s endorsement to repeal the Fees

for Licences Granted to Not-For-Profit Groups and Organisations policy. 2. Council’s intention to repeal the Fees for Licences Granted to Not-For-Profit Groups

and Organisations policy be placed on public exhibition for a period of 28 days and, following the expiration of this period, the repeal of the policy be presented back to Council for consideration.



FS13/35 POLICY REVIEW – HIRING OF PREMISES: TOURING MARKETS POLICY E13.7095

SYNOPSIS

This report seeks approval to exhibit Council’s intention to repeal the Hiring of Premises: Touring Markets Policy. The use of Council’s halls for the purpose of Touring Markets will be addressed in a new policy for hiring of Council’s halls and meeting rooms.

BACKGROUND

The Hiring of Premises: Touring Markets Policy was developed to protect the commercial interests of Shire retail businesses. Touring markets sell items available from local retail business operators who have substantial overheads in the operation of their businesses. The income to a touring market generally leaves the Shire with the operator as opposed to reinvestment by local businesses.

ISSUES

Council staff are currently preparing a draft Council Hall and Meeting Room Hire Policy which will outline how the community can access these facilities and the general conditions under which they are available. Use by touring markets will be addressed in the new policy.

LEGAL

The new policy will take into consideration Council’s other relevant policies, strategies and documents, including:

Terms and Conditions of Hire

Fees and Charges

Sporting Facilities Seasonal Hire Policy

CONSULTATION


CONCLUSION

The Hiring of Premises: Touring Markets policy will be incorporated into the new Council Hall and Meeting Room Hire policy which is currently being developed. The intention to repeal Hiring of Premises: Touring Markets policy will be exhibited for 28 days. At the end of the exhibition period the intention to repeal Hiring of Premises: Touring Markets policy will be presented to Council for consideration, along with a report to consider any submissions that may be received during the exhibition period.


FS13/35 POLICY REVIEW – HIRING OF PREMISES: TOURING MARKETS POLICY E13.7095

RECOMMENDED

THAT: 1. The Finance and Services Committee seeks Council’s endorsement to repeal the Hiring

of Premises: Touring Markets policy. 2. Council’s intention to repeal the Hiring of Premises: Touring Markets policy be placed

on public exhibition for a period of 28 days and, following the expiration of this period, the repeal of the policy be presented back to Council for consideration.



FS13/36 POLICY REVIEW - LIBRARY SERVICES POLICY E88.0913

SYNOPSIS

Council is responsible for delivering high quality library services to meet community information and recreational needs, as well as provide quality community facilities for study, reading, social and creative activities.

BACKGROUND

Eurobodalla Shire Council has provided a Library Service since 1981, with facilities located in Batemans Bay, Moruya and Narooma. The service is popular, with over 200,000 visitors annually, and offers a range of resources, facilities and events to meet the needs of a wide range of community members. The Library Policy supports the NSW Library Act, principally in relation to the provision of free membership and access to a lending and reference library at all library locations. In supporting the Library Act Council becomes eligible for State government per capita funding and Disability and Geographic funding annually.

CHANGES

The current policy needs to be updated, in line with Council requirements. The policy provides the guiding framework for the management and delivery of library services and the associated Code of Practice.

CONSULTATION


CONCLUSION

The draft Library Services policy will be exhibited for 28 days. At the end of the exhibition period the draft Library Services policy will be presented to Council for consideration, along with a report to consider any submissions that may be received during the exhibition period.

RECOMMENDED

THAT: 1. The Finance and Services Committee seeks Council’s endorsement of the draft Library

Services policy. 2. The draft Library Services policy be placed on public exhibition for a period of 28 days




FS13/37 POLICY REVIEW – PUBLIC ART E13.7095

SYNOPSIS

This report seeks Council approval to exhibit the draft of Public Art Policy. This policy is designed to apply to public art located in the public domain. The public domain refers to public land and on private land accessible by the general public (such as shopping centre malls or other open areas) and on any other private land where the artwork will be visible from public land (such as in shopfronts or on building facades). The policy review has provided better clarity for the role of public art. The major changes are to move elements of the previous policy into the Public Art Code of Practice.

CONSIDERATIONS

Legal

There are no specific legal requirements to be implemented by this policy.

POLICY

Once adopted by Council, the Policy shall be reviewed in 2016.

CONSULTATION


CONCLUSION

The draft Public Art policy will be exhibited for 28 days. At the end of the exhibition period the draft Public Art policy will be presented to Council for consideration, along with a report to consider any submissions that may be received during the exhibition period.

RECOMMENDED

THAT: 1. The Finance and Services Committee seeks Council’s endorsement of the draft Public

Art policy. 2. The draft Public Art policy be placed on public exhibition for a period of 28 days and,

following the expiration of this period, the draft policy be presented back to Council for consideration.

KERRY FOSTER DIRECTOR COMMUNITY AND CORPORATE OUTCOMES Attach


FS13/38 POLICY REVIEW – LANDFILL WASTE GENERAL E13.7095

SYNOPSIS

This report seeks approval to exhibit Council’s intention to repeal the Landfill Waste General policy. The policy describes the waste accepted at the landfill sites and the transfer station the opening hours and a link to the tipping fees applied. It also refers to the types of recycling available and processing activities carried out. The purpose of the policy in providing the information and description of services has now been superseded by other mediums.

BACKGROUND

The landfill sites accept general solid waste for disposal. The landfill sites operate under Landfill Environment Management Plans including the licences issued by the Environment Protection Authority – NSW. The licence determines the types and volumes of waste that can be accepted and the activities that can be carried out e.g. composting. The location of waste facilities, waste accepted, tipping fees and opening hours are available on Council’s website. The telephone directory includes a dedicated waste enquiry number and the waste management facilities and transfer stations are listed for weekend enquiries.

CHANGES

The information conveyed in the policy is available through Council’s website and included in the Household Waste and Recycling Guide that is distributed to recipients of the domestic collection.

CONSULTATION


CONCLUSION

The intention to repeal Landfill Waste General policy will be exhibited for 28 days. At the end of the exhibition period the intention to repeal Landfill Waste General policy will be presented to Council for consideration, along with a report to consider any submissions that may be received during the exhibition period.


FS13/38 POLICY REVIEW – LANDFILL WASTE GENERAL E13.7095

RECOMMENDED


Landfill Waste General Policy. 2. Council’s intention to repeal the Landfill Waste General policy be placed on public

exhibition for a period of 28 days and, following the expiration of this period, the repeal of the policy be presented back to Council for consideration.

LINDSAY USHER DIRECTOR PLANNING AND SUSTAINABILITY SERVICES Attach.


FS13/39 POLICY REVIEW – NATIONAL CLEAN UP DAY CAMPAIGN E13.7095

SYNOPSIS

This report seeks approval to exhibit the National Clean Up Day Campaign policy. This policy supports the provision of assistance to environmental groups, service clubs or individuals participating in the annual clean up day.

BACKGROUND

The community response to the 2013 clean up campaign provided 49 registered sites, 296 volunteers who collected 435 bags of rubbish shire wide, weighing in at 10.5 tonnes. The National Clean Up Day Campaign policy includes a commitment by Council to run a clean up day if there are no further national clean up days.

CONSULTATION


CONCLUSION

The draft National Clean Up Day Campaign policy will be exhibited for 28 days. At the end of the exhibition period the draft National Clean Up Day Campaign policy will be presented to Council for consideration, along with a report to consider any submissions that may be received during the exhibition period.

RECOMMENDED


National Clean Up Day Campaign Policy. 2. The draft National Clean Up Day Campaign policy be placed on public exhibition for a




FS13/40 POLICY REVIEW – PLANNING AGREEMENTS E99.3426

SYNOPSIS

The Planning Agreement Policy sets out Council’s framework for negotiating the provision of public infrastructure, facilities and services pursuant to the Environmental Planning and Assessment Act 1979 (the Act). The current policy contains procedural as well as policy matters. However, policies are not appropriate documents for procedural matters. Such matters are more suitably placed in a code of practice. Therefore, this report seeks the Committee’s consideration of a revised Planning Agreements Policy.

BACKGROUND

The current policy was adopted by Council on 19 December 2006 and came into operation 23 February 2007. However, the policy as it exists currently contains administrative elements that are not appropriate in a policy document. The policy has therefore been amended as part of this review. By providing a more streamlined policy for when planning agreements may be entered into, the document will clarify the circumstances for Council and developers when considering future development. Any changes requested will be incorporated into the Policy or Code which will then be presented to a Policy & Strategy Committee for endorsement.

CHANGES

The procedural elements that were contained in the existing policy have been removed and are now contained in the draft Planning Agreements Code of Practice. Minor amendments to simplify and clarify Council’s policy position provide certainty for Council and proponents. The Policy and Code have also been adapted to the new templates. The revised policy is attached to this report.

CONSULTATION



FS13/40 POLICY REVIEW – PLANNING AGREEMENTS E99.3426

CONCLUSION

The draft Planning Agreements policy will be exhibited for 28 days. At the end of the exhibition period the draft Planning Agreements policy will be presented to Council for consideration, along with a report to consider any submissions that may be received during the exhibition period.

RECOMMENDED


Planning Agreements policy. 2. The draft Planning Agreements policy be placed on public exhibition for a period of 28




FS13/41 POLICY REVIEW – RECREATIONAL HORSE RIDING ON BEACHES E13.7095

SYNOPSIS

This report seeks Council approval to exhibit the draft Recreational Horse Riding on Beaches Policy. The policy aim is to protect the environment, the health and amenity of the residents and tourists of the Eurobodalla and enable the recreational horse-riders accesses to limited beaches in the Eurobodalla.

BACKGROUND

Adopted in September 2009, minute 09/291 the current Recreational Horse Riding on Beaches Policy has undergone no changes.

CHANGES

There are no changes to the policy apart from minor changes to fit the new format.

CONSULTATION


CONCLUSION

The draft Recreational Horse Riding on Beaches policy will be exhibited for 28 days. At the end of the exhibition period the draft Recreational Horse Riding on Beaches policy will be presented to Council for consideration, along with a report to consider any submissions that may be received during the exhibition period.

RECOMMENDED


Recreational Horse Riding on Beaches policy. 2. The draft Recreational Horse Riding on Beaches policy be placed on public exhibition

for a period of 28 days and, following the expiration of this period, the draft policy be presented back to Council for consideration.



FS13/42 POLICY REVIEW – RECYCLING METALS AT THE WASTE MANAGEMENT FACILITY E13.7095

SYNOPSIS

This report seeks the approval to exhibit Council’s intention to repeal the Recycling Metals at the Waste Management Facility policy. The original intent of the policy was to abolish the fee for recyclable metals delivered to the waste management facilities.

BACKGROUND

The recycling of metals accepted at no charge to the waste management facilities is now imbedded into the operation of the sites. The metals received are recycled and the tender process for the sale of the scrap metal is reported to Council for approval. The recycling valuable metal is now an operational function that provides another revenue stream.

CONSULTATION


CONCLUSION

The intention to repeal Recycling Metals at the Waste Management Facility policy will be exhibited for 28 days. At the end of the exhibition period the intention to repeal Recycling Metals at the Waste Management Facility policy will be presented to Council for consideration, along with a report to consider any submissions that may be received during the exhibition period.

RECOMMENDED


Recycling Metals at the Waste Management Facility Policy.

2. Council’s intention to repeal the Recycling Metals at the Waste Management Facility Policy be placed on public exhibition for a period of 28 days and, following the expiration of this period, the repeal of the policy be presented back to Council for consideration.

LINDSAY USHER DIRECTOR PLANNING AND SUSTAINABILITY SERVICES


FS13/43 POLICY REVIEW – STREET ACTIVITIES E06.0376

SYNOPSIS

To establish the circumstances under which approvals may be granted for certain activities on public roads (including footpaths) and public car parks within the Shire. This report seeks the Committee’s consideration of the revised Street Activities Policy.

BACKGROUND

The revised Street Activities Policy is presented to this briefing. Any changes requested will be incorporated into the policy which will then be presented to a Policy & Strategy Committee for endorsement. This policy does not apply to outdoor dining or the display of goods for sale on public footpaths. These activities are managed under Council’s Footpath Trading Code.

CHANGES

The following amendments have been made to the policy: 1. incorporation of policy matters from the former Code of Practice into the Policy; 2. other minor amendments to simplify and clarify Council’s policy position to provide

certainty for Council and proponents; 3. adapt the Policy to the new templates; The revised policy is attached to this report.

CONSULTATION


CONCLUSION

The draft Street Activities policy will be exhibited for 28 days. At the end of the exhibition period the draft Street Activities policy will be presented to Council for consideration, along with a report to consider any submissions that may be received during the exhibition period.


FS13/43 POLICY REVIEW – STREET ACTIVITIES E06.0376

RECOMMENDED

THAT: 1. The Finance and Services Committee seeks Council’s endorsement of the draft Street

Activities policy. 2. The draft Street Activities policy be placed on public exhibition for a period of 28 days




FS13/44 POLICY REVIEW – WASTE MINIMISATION E13.7095

SYNOPSIS

This report seeks approval to exhibit the Waste Minimisation policy. This policy supports waste minimisation as opposed to disposal to landfill. The policy supports the adoption of the waste to landfill reduction targets set out in the NSW Waste Avoidance and Resource Recovery Strategy 2007.

BACKGROUND

The last revision of this policy in 2009 removed the goal of achieving zero waste to landfill in 2015 and introduced the targets in the NSW Waste Avoidance and Resource Recovery Strategy 2007. In 2011, Council adopted the Eurobodalla Waste Strategy 2011-2018 which sets the way forward for waste management and minimisation.

CONSULTATION


CONCLUSION

The draft Waste Minimisation policy will be exhibited for 28 days. At the end of the exhibition period the draft Waste Minimisation policy will be presented to Council for consideration, along with a report to consider any submissions that may be received during the exhibition period.

RECOMMENDED

THAT: 1. The Finance and Services Committee seeks Council’s endorsement of the draft Waste

Minimisation Policy. 2. The draft Waste Minimisation policy be placed on public exhibition for a period of 28




FS13/45 POLICY REVIEW – CEMETERIES MANAGEMENT E09.3418

SYNOPSIS

The Cemeteries Management Policy assists Council in meeting the needs of the community and provides the guidelines for requests for burials, inurnments, reservations and monuments to comply with legislative requirements.

BACKGROUND

Council is the Crown Reserve Trust Manager of active cemeteries located at Nelligen, Batemans Bay, Mogo, Moruya, Bodalla, Narooma, Nerrigundah and Central Tilba (Tilba Tilba Cemetery). This policy is intended to ensure the appropriate administration, management and maintenance of all cemeteries under Council’s control. To ensure compliance with legislative requirements for the management of these cemeteries, Council will operate its cemeteries under the Crown Lands Act 1989, Crown Lands (General Reserves) By-Law 2006, Work Health and Safety Act and Regulations 2011 and the Public Health Act 2010 (NSW). A Code of Practice has been developed to guide staff in complying with the required Legislation. The existing Cemeteries Management Policy is presented to this briefing. Any changes requested will be incorporated into this policy which will then be presented to a Policy & Strategy Committee for endorsement.

CHANGES

The previous Management of Cemeteries Policy was a lengthy document that detailed the operations of Council’s cemeteries. The policy has been reduced to nominate the applicable Acts and regulations that Council must comply with and a Code of Practice has been developed to encompass the daily operations and requirements for burials, inurnments, reservations and monuments at Council’s cemeteries. The name of the policy has been changed from ‘Management of Cemeteries’ to ‘Cemeteries Management’ and formatting updates have also been applied to this updated policy.

CONSULTATION


CONCLUSION

The draft Cemeteries Management policy will be exhibited for 28 days. At the end of the exhibition period the draft Cemeteries Management policy will be presented to Council for consideration, along with a report to consider any submissions that may be received during the exhibition period.


FS13/45 POLICY REVIEW – CEMETERIES MANAGEMENT E09.3418

RECOMMENDED


Cemeteries Management Policy. 2. The draft Cemeteries Management policy be placed on public exhibition for a period of

28 days and, following the expiration of this period, the draft policy be presented back to Council for consideration.

WARREN SHARPE DIRECTOR INFRASTRUCTURE SERVICES Attach.


FS13/46 POLICY REVIEW – LOCAL AND REGIONAL ROADS RISK MANAGEMENT E09.3418

SYNOPSIS

Council, as the roads authority, must provide a framework for the risk management of its road network in order to demonstrate an appropriate duty of care to its road users, and to reduce the exposure to potential public liability claims relating to the condition of roads.

BACKGROUND

The Civil Liability Act 2002 provides special non-feasance protection for roads authorities. Section 45 of the Act stipulates that a roads authority is not liable for harm arising from a failure to act in respect of maintenance of its roads, unless at the time of the alleged failure, the authority had actual knowledge of the particular risk which resulted in the harm. The importance of this defence is that a roads authority, such as Council, can in some circumstances avoid liability for injuries or damage related to the state of repair or maintenance of its roads. Section 42 of the Act also makes allowance for Council’s ability to carry out its duty of care as being limited by the financial and other resources which are reasonably available to exercise its functions. To rely on this defence Council is required to show evidence of its compliance with the general procedures and applicable standards for the exercise of its functions, such as risk management of its roads network. This policy ensures the development and implementation of a risk management system for local and regional roads that pro-actively identifies and manages the risks associated with Council roads that:

Identifies types of hazards

Evaluates the severity of the hazard

Assigns a risk rating for prioritising and

Plans and executes the work efficiently and effectively within the resources available to Council.

This system provides a basis for identifying and managing risks within the limited resources available to the community and a mechanism to prioritise and action those risks with the greatest consequence and/or priority. The desired outcomes are to provide:

An approach that facilitates safer local and regional roads

A pro-active system, taking account of the limited financial and other resources reasonably available to Council, to better manage the risks inherent in services provided by Council as a roads authority.

A reduced potential for public liability claims against Council and the community it represents.

CHANGES

This policy has been updated to better outline the risk identification and management systems for local and regional roads. Reformatting has also been applied to this policy.


FS13/46 POLICY REVIEW – LOCAL AND REGIONAL ROADS RISK MANAGEMENT E09.3418

CONSULTATION


CONCLUSION

The draft Local and Regional Roads Risk Management policy will be exhibited for 28 days. At the end of the exhibition period the draft Local and Regional Roads Risk Management policy will be presented to Council for consideration, along with a report to consider any submissions that may be received during the exhibition period.

RECOMMENDED

THAT: 1. The Finance and Services Committee seeks Council’s endorsement of the draft Local

and Regional Roads Risk Management policy. 2. The draft Local and Regional Roads Risk Management policy be placed on public


WARREN SHARPE DIRECTOR INFRASTRUCTURE SERVICES Attach:


FS13/47 POLICY REVIEW – NAMING OR PARKS, RESERVES, SPORTS FIELDS AND PUBLIC PATHWAYS E09.3418

SYNOPSIS

The Naming of Parks, Reserves, Sports Fields and Public Pathways Policy ensures that the formal adoption of names for parks, reserves and sports fields is restricted to major public facilities, areas for which a Plan of Management is required or when a specific request is received from the public. The policy also refers to the naming of public pathways where there has been continual and recognised involvement of individuals or groups.

BACKGROUND

Council is occasionally asked to provide a suitable name to identify a new or existing park, reserve or sporting field, or is required to adopt a name for management purposes. The Geographical Names Board of NSW (GNB) is the authority, under the Geographical Names Act 1966, responsible for the assigning of names to places and geographical features. The GNB will only consider the adoption of a place name after the GNB has advertised it in the Government Gazette and local press for one month inviting public comment. The formal adoption of names for parks, reserves and sporting fields should be restricted to major public facilities, areas for which a Plan of Management is required or when a specific request is received from the public. From time to time Council also receives requests to name public pathways where there has been continual and recognised involvement of individuals or groups. Council may choose to locally name a public pathway without formal recognition through the GNB. The existing Naming of Parks, Reserves, Sports Fields and Public Pathways policy is presented to this briefing for endorsement and approval for exhibition. Any changes requested will be incorporated into this policy which will then be presented to a Policy & Strategy Committee for endorsement.

CHANGES

This policy was reviewed and adopted in June 2012. Reference made to a Memorial Seat policy in the previous Naming of Parks, Reserves, Sporting Fields and Public Pathways policy has been removed as a Memorial Seat policy has not been presented to, or adopted by Council. Formatting updates have been applied to this policy.

CONSULTATION



FS13/47 POLICY REVIEW – NAMING OR PARKS, RESERVES, SPORTS FIELDS AND PUBLIC PATHWAYS E09.3418

CONCLUSION

The draft Naming of Parks, Reserves, Sports Fields and Public Pathways policy will be exhibited for 28 days. At the end of the exhibition period the draft Naming of Parks, Reserves, Sports Fields and Public Pathways policy will be presented to Council for consideration, along with a report to consider any submissions that may be received during the exhibition period.

RECOMMENDED

THAT: 1. The Finance and Services Committee seeks Council’s endorsement of the draft Naming

of Parks, Reserves, Sports Fields and Public Pathways Policy. 2. The draft Naming of Parks, Reserves, Sports Fields and Public Pathways policy be

placed on public exhibition for a period of 28 days and, following the expiration of this period, the draft policy be presented back to Council for consideration.



FS13/48 POLICY REVIEW – PARKS, PLAYGROUNDS AND RESERVES FACILITIES RISK MANAGEMENT E09.3418

SYNOPSIS

Council, as the manager of a number of parks, playgrounds and reserves facilities, on land it owns or controls, has a duty of care to take reasonable measures within the limitations of its budget to manage any risks arising from defects on these facilities.

BACKGROUND

Section 42 of the Civil Liability Act 2002 makes allowance for Council’s ability to carry out its duty of care as being limited by the financial and other resources which are reasonably available to exercise its functions. To rely on this defence Council is required to show evidence of its compliance with the general procedures and applicable standards for the exercise of its functions, such as risk management of its parks and reserves facilities.

The implementation of a systematic approach to managing the risk arising from defects on Council controlled parks and reserves facilities provides for better management of reserve assets, reduces the risk to the community, minimises the cost of public liability insurance premiums Council pays to protect the community’s interest and assists in providing a legal defence where claims are made against Council.

This policy and associated code of practice give staff the tools to proactively identify risks and implement inspection schedules, using procedures and rating formulas that record, identify, rate and prioritise works.

CHANGES

This existing policy has been updated to outline the risk identification and management systems in place for Council’s Parks and Reserves Facilities. Formatting updates have also been applied to this policy.

CONSULTATION


CONCLUSION

The draft Parks, Playgrounds and Reserves Facilities Risk Management policy will be exhibited for 28 days. At the end of the exhibition period the draft Parks, Playgrounds and Reserves Facilities Risk Management policy will be presented to Council for consideration, along with a report to consider any submissions that may be received during the exhibition period.


FS13/48 POLICY REVIEW – PARKS, PLAYGROUNDS AND RESERVES FACILITIES RISK MANAGEMENT E09.3418

RECOMMENDED

THAT: 1. The Finance and Services Committee seeks Council’s endorsement of the draft Parks,

Playgrounds and Reserves Facilities Risk Management policy. 2. The draft Parks, Playgrounds and Reserves Facilities Risk Management policy be placed

on public exhibition for a period of 28 days and, following the expiration of this period, the draft policy be presented back to Council for consideration.



FS13/49 POLICY REVIEW – PATHWAYS RISK MANAGEMENT E09.3418

SYNOPSIS

Council has a duty of care to take reasonable measures within the limitations of its budget to manage any risks arising from defects on Council’s formed footpath and shared pathways networks.

BACKGROUND

The Civil Liability Act 2002 provides special non-feasance protection for roads authorities. Section 45 of the Act stipulates that a roads authority is not liable for harm arising from a failure to act in respect of maintenance of its roads and road reserves, unless at the time of the alleged failure, the authority had actual knowledge of the particular risk which resulted in the harm. The importance of this defence is that a roads authority, such as Council, can in some circumstances avoid liability for injuries or damage related to the state of repair or maintenance of its pathways within road reserves.

Section 42 of the Act also makes allowance for Council’s ability to carry out its duty of care as being limited by the financial and other resources which are reasonably available to exercise its functions. To rely on this defence Council is required to show evidence of its compliance with the general procedures and applicable standards for the exercise of its functions, such as risk management of its pathway network.

The implementation of a systematic approach to managing the risk arising from defects on the pathway networks. This provides for better management of the pathway asset, reduces the risk to the community, minimises the cost of public liability insurances premiums Council pays to protect the community’s interest and assists in providing a legal defence where claims are made against Council

CHANGES

This existing policy has been updated to better outline the risk identification and management systems in place for Council’s formed footpath and shared pathways networks. Formatting updates have also been applied to this policy.

CONSULTATION


CONCLUSION

The draft Pathways Risk Management policy will be exhibited for 28 days. At the end of the exhibition period the draft Pathways Risk Management policy will be presented to Council for consideration, along with a report to consider any submissions that may be received during the exhibition period.


FS13/49 POLICY REVIEW – PATHWAYS RISK MANAGEMENT E09.3418

RECOMMENDED


Pathways Risk Management policy. 2. The draft Pathways Risk Management policy be placed on public exhibition for a period

of 28 days and, following the expiration of this period, the draft policy be presented back to Council for consideration.



FS13/50 POLICY REVIEW – ROADS NAMING E09.3418

SYNOPSIS

This policy ensures that appropriate naming and renaming of roads, for which Council is the Roads Authority, is undertaken in compliance with the Geographical Names Board guidelines.

BACKGROUND

Under the Roads Act 1993 Section 162, Council, as the Roads Authority, is empowered to name public roads and is also required to maintain a register to identify roads by a given name and number. This policy ensures that appropriate naming and renaming of roads for which Council is the Roads Authority is undertaken in compliance with the Geographical Names Board (GNB). For new roads in subdivisions, the Director Infrastructure Services and the Divisional Manager Technical Services have delegated authority to adopt suitable names. However, for existing unnamed roads and the renaming of existing roads, the Roads Naming policy and associated Code of Practice are followed to allow for consultation, advertising and gazettal of any proposed name. The existing Roads Naming policy is presented to this briefing for endorsement and approval for exhibition. Any changes requested will be incorporated into this policy which will then be presented to a Policy & Strategy Committee for endorsement.

CHANGES

This policy and associated Code of Practice have been updated to ensure compliance with the Geographical Names Board guidelines. Formatting changes have also been applied to this policy.

CONSULTATION


CONCLUSION

The draft Roads Naming policy will be exhibited for 28 days. At the end of the exhibition period the draft Roads Naming policy will be presented to Council for consideration, along with a report to consider any submissions that may be received during the exhibition period.


FS13/50 POLICY REVIEW – ROADS NAMING E09.3418

RECOMMENDED

THAT: 1. The Finance and Services Committee seeks Council’s endorsement of the draft Roads

Naming policy. 2. The draft Roads Naming policy be placed on public exhibition for a period of 28 days




FS13/51 POLICY REVIEW – DEALING WITH WATER QUALITY COMPLAINTS E06.0113

SYNOPSIS

This report seeks approval to exhibit Council’s intention to repeal the Dealing with Water Quality Complaints policy. The purpose of the policy is to instruct staff on dealing with complaints regarding the appearance, taste and odour of water supplied by Council.

BACKGROUND

Raw water sourced from rivers and groundwater contains impurities that cause colour, turbidity, taste and odour in the water. While most impurities do not cause health issues for consumers, water that is discoloured or turbid or has an objectionable taste or odour is usually considered unsafe to drink by the public. Impurities in water can cause other concerns for the consumer, including laundry staining and reduced life of appliances.

When complaints relating to the quality of water supplied by Council are received, the Dealing with Water Quality Complaints policy requires staff to provide sufficient information to the customer to alleviate any concerns ie: in relation to the water being fit for consumption, and to provide a laundry soaker where the water quality has affected laundry. Other than the above actions that are specific to water quality complaints, staff are required to process water quality complaints in accordance with standard operating procedures ie: in accordance with Customer Service Request procedures and take action within the recommended response time as detailed in Council’s Management Plan.

CHANGES

The current policy was adopted prior to the construction of Council’s water treatment plants when disinfection was the only form of treatment. While disinfection is the key treatment process for improving the safety of water for consumption, disinfection by chlorination can significantly increase colour, taste and odour, as chlorine reacts with impurities in the water.

In 2011 and 2012 Council constructed water treatment plants designed to treat raw water to a standard that meets the Australian Drinking Water Guidelines, including reducing colour and turbidity to very low levels. Council also cleaned water mains and reservoirs to remove sediment built up from many years of service with untreated water.

Since the water treatment plants were commissioned the number of water quality complaints has decreased significantly (by approximately 80%), and a complaints policy that deals specifically with water quality only is no longer required. Water quality complaints received will be processed in accordance with Council’s Customer Service Request procedure.

CONSULTATION

We will consult (seek feedback) with the community by public exhibition and exhibiting the

intention to repeal the policy on Council’s website, at libraries and at the Customer Service

Centre in Moruya for a period of 28 days.


FS13/51 POLICY REVIEW – DEALING WITH WATER QUALITY COMPLAINTS E06.0113

CONCLUSION

The intention to repeal Dealing with Water Quality Complaints policy will be exhibited for 28 days. At the end of the exhibition period the intention to repeal Dealing with Water Quality Complaints policy will be presented to Council for consideration, along with a report to consider any submissions that may be received during the exhibition period.

RECOMMENDED


Dealing with Water Quality Complaints Policy is placed on public exhibition for a period of 28 days.

2. Council’s intention to repeal the Dealing with Water Quality Complaints Policy be

placed on public exhibition for a period of 28 days and, following the expiration of this period, the repeal of the policy be presented back to Council for consideration.

WARREN SHARPE DIRECTOR INFRASTRUCTURE SERVICES

Documents

EUROBODALLA SHIRE COUNCIL · A conflict of interest is a clash between private interest and public duty. There are two types of conflict: Pecuniary – regulated by the Local Government