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					EUROBODALLA SHIRE COUNCIL




      AGENDA


ORDINARY MEETING OF COUNCIL

      19 DECEMBER 2006
                          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
                                    4474-1000                council@eurocoast.nsw.gov.au   www.esc.nsw.gov.au
    Public Officer
    ICAC                            8281 5999                icac@icac.nsw.gov.au           www.icac.nsw.gov.au
    Local Government Department     4428 4100                dlg@dlg.nsw.gov.au             www.dlg.nsw.gov.au
                                    8286 1000
    NSW Ombudsman                                            nswombo@ombo.nsw.gov.au        www.ombo.nsw.gov.au
                                    Toll Free 1800 451 524
                 ORDINARY MEETING OF COUNCIL
         TO BE HELD AT THE COUNCIL CHAMBERS, MORUYA
                  ON TUESDAY 19 DECEMBER 2006
                     COMMENCING AT 9.30AM
OPENING PRAYER

APOLOGIES AND LEAVE OF ABSENCE

CONFIRMATION OF MINUTES

Ordinary Meeting of Council held on 28 November 2006.

BUSINESS ARISING

PUBLIC FORUM AND QUESTIONS FROM THE PUBLIC

DEPUTATIONS (WITH APPROVAL OF THE MAYOR)

QUESTIONS ON NOTICE FROM THE PUBLIC

QUESTIONS ON NOTICE FROM COUNCILLORS                                       Page No.

PF06/56     Questions Without Notice From Public                                      1
PF06/24     Questions Without Notice From Public                                      2
QN06/127    Reply To Question Without Notice From Councillor                          3

BRIEFING NOTE

DECLARATIONS OF INTEREST

MAYORAL MINUTE

M06/12      Request For Donation St John Ambulance                                    4

DELEGATES REPORTS

ENVIRONMENT REPORTS

E06/5       Draft Enforcement And Compliance Policy and Code of Practice           5
E06/6       Draft Local Orders Policy 2006                                         8
E06/7       Batemans Bay Sporting Shooters Association                            10
E06/8       Companion Animal Policy and Code of Practice                          18

DEVELOPMENT REPORTS

STRATEGIC REPORTS

S06/4       Exhibition Of Draft Structure Plans                                   22
GOVERNANCE REPORTS

G06/139   Floodplain Management Authorities of NSW Conference 2007   24
G06/140   Donations By Council - Staff Christmas Functions           26
G06/141   Workers’ Compensation / Liability Performance 2005/06      27
G06/142   Introducing Council’s Business Continuity Plan             29
G06/143   Status Report on Scientific Advisory Panel                 30
G06/144   Partnership With Regional Express                          33
G06/145   Campervan Dump Points And Camp Sites                       35
G06/146   Temporary Licence For Camel Rides                          40
G06/147   Investments Made As At 30 November 2006                    41
G06/148   Moruya Riverside Park - Central Art Feature                45

INFRASTRUCTURE REPORTS

NOTICES OF RESCISSION

NOTICES OF MOTION

NM06/13   Transport For Volunteers                                   48
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.

CONFIDENTIAL REPORTS

Nil.

CONFIDENTIAL BRIEFINGS

Reason for Confidentiality
This item has been classified as confidential under the provisions of Section 10A(2)(a-h) as
the General Manager is required to brief Councillors from time to time on confidential matters
of an urgent nature.

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.

DECLASSIFICATION OF REPORTS – Council’s policy requires consideration of the
declassification.
BRIEFING BY STAFF


QUESTIONS WITHOUT NOTICE FROM COUNCILLORS


MATTERS WITHOUT NOTICE


COMMUNIQUES


COUNCILLORS DIARY


12.30pm   Lunch




J F LEVY
GENERAL MANAGER
ORDINARY MEETING OF COUNCIL
HELD ON TUESDAY 19 DECEMBER 2006                                                      Page 1


QUESTIONS WITHOUT NOTICE FROM PUBLIC                                                 95.9284

Ordinary Meeting of Council held on 28 November 2006
PFO6/56
Dr Margaret Geddes addressed Council seeking an increase in the number of household
collections of garden organics. A copy of her submission was attached to the minutes.

The Mayor advised that whilst he agreed with what Ms Geddes said, he would have to refer
this matter for consideration at the next Works and Facilities Committee meeting because
there are budget considerations in the proposal.
Reply
In the 06-07 Financial Year Council’s budget allocation for greenwaste collection is in excess
of $400,000.

This budget allocation provides for a monthly bin collection and the acceptance of tied and
bundled greenwaste at kerbside.

This current level of service facilitate the needs of the vast majority of residents in the
kerbside collection areas.

To increase the current level of service would impose an increased financial burden on all
residents of the shire to cater for the needs of a minority of residents.

Residents requiring a greater level of service than currently provided by Council may wish to
consider approaching commercial operators for a solution to suit their specific requirements.

If resident demand for increased levels of service became widespread then a review of service
levels may be necessary.
ORDINARY MEETING OF COUNCIL
HELD ON TUESDAY 19 DECEMBER 2006                                                       Page 2


QUESTIONS WITHOUT NOTICE FROM PUBLIC                                       06.0042; 88.0804.B

Ordinary Meeting of Council held on 23 May 2006
PF06/24
Kerry Malt of Punkalla Road addressed Council in respect of the policy of not notifying
adjoining owners in rural residential areas when a development application has been lodged.
Ms Malt lives on 20 acres and the next door property is also 20 acres, however their houses
are situated about 20 metres away and more like a suburban street. Ms Malt called on
Council to reconsider the policy of not notifying rural properties when development is
occurring next door.

The Deputy General Manager advised that there are circumstances when adjoining rural
property owners are notified and those where they are not. He took the question on notice and
will raise this matter when Council next reviews the Advertisement and Notification
Guidelines Development Control Plan (DCP). He indicated that the Advertisement and
Notification Guidelines DCP has changed since 1990 when adjoining rural property owners
were notified.

Councillors Brown and Corbin asked if a brief report on this can be provided.

Reply
This question was put to staff after the 1 May 2006 deadline of the Department of Planning on
any additional individual DCP amendments. The Department of Planning has not shown any
flexibility in this deadline. It was imposed to ensure that Councils focus on completing their
Local Environmental Plans and then on completing either locality specific DCPs or one
comprehensive DCP.

Council is making great strides towards completing its new Local Environmental Plan. For
example, it adopted the Eurobodalla Settlement Strategy last week. Furthermore, drafts of the
Moruya, Batemans Bay Town Centre and Greater Batemans Bay Structure Plans are
anticipated to go on public exhibition from 20 December 2006 to 23 February 2007. The
Eurobodalla Settlement Strategy and structure plans will directly inform the new LEP and
development controls. These development controls will either be locality specific (e.g.
Narooma) or for the whole Shire. After the zones and other key development parameters are
established in the new LEP, Council will be able to amend its development controls
accordingly. Council has three years in within which it is legally required to draft a new LEP.

When Council prepares drafts of either locality specific DCPs or one comprehensive DCP for
Eurobodalla it will review its policy on notification of adjoining property owners in rural
areas.

The current DCP for Advertisement and Notification Guidelines is attached for Councillors’
convenience.

Clrs
ORDINARY MEETING OF COUNCIL
HELD ON TUESDAY 19 DECEMBER 2006                                                       Page 3


REPLY TO QUESTION WITHOUT NOTICE FROM COUNCILLOR                                      95.8171

Ordinary Meeting of Council held on 28 November 2006
QN06/127
Councillor McGillivray asked what is the status of Corrigans Beach reserve in respect of
restrictions of alcohol consumption?

Deputy General Manager advised that Council resolved to consider the application of an
Alcohol Free Reserve at Corrigans and a number of other areas including Denhams Beach
Carpark and is seeking advice and comments back from the Police. A report to consider
permanent changes to restrictions from 8-8 instead of 7 on will be presented for Council’s
consideration next month.

Reply
There are no restrictions on the consumption of alcohol upon the Corrigans Beach reserve
nor have any applications been received.

After a consultation period, Denhams Beach carpark has recently been deemed as an Alcohol
Free Zone (24 hours per day, seven days a week for three years) and the adjoining headland
is an Alcohol Restricted Reserve between 7pm and 7am ad infinitum. This was bought about
by public submissions.

In order to evaluate the suitability of restricting alcohol consumption on any particular area,
a submission must be made to Council which can be in the form of a request from a
Councillor during a Council meeting or a written submission from a member of the public.
Following receipt of a request, consultation occurs with the Police, licensees or registered
clubs adjoining or adjacent to the area proposed, Local Aboriginal Lands Council and
submissions are sought from the public.
MAYORAL REPORT TO ORDINARY MEETING OF COUNCIL
HELD ON TUESDAY 19 DECEMBER 2006                                                      Page 4


M06/12     REQUEST FOR DONATION ST JOHN AMBULANCE                                    82.5469


SYNOPSIS
The Divisional Manager of St John Ambulance has approached Council seeking assistance to
purchase a second hand ambulance that would allow the Division to expand and improve their
service to the community.

The St John Ambulance Moruya Division has been operating throughout the Eurobodalla
Shire for the past 25 years as a volunteer, non-profit organisation, providing community
groups and sporting organisations with affordable First Aid services and education.

They are also a support service to the local hospital, NSW Ambulance Service, Rural Fire
Service, Emergency Services and are an integral part of the State Disaster Plan.

The Division receives no Government funding, relying solely on donations from the public.
Yet without the service provided by St John’s, many organisations would not be able to hold
their events.

The Division believes an ambulance is essential to carry all the equipment that is now
required to provide professional advanced life support services and to transport patients.
Currently members use their private vehicles to carry advanced life support equipment and to
transport patients to on site treatment areas.

The cost of the ambulance is $35,000 and in order to raise the necessary funds, St John’s have
applied for Regional Partnerships Funding from the Federal Government and have arranged a
$10,000 interest free loan from St John NSW head office. For the remainder of the funds,
they are seeking donations from the Eurobodalla community.

I would recommend that Council donate an initial amount of $2,500 towards the purchase of
an ambulance. This money is currently available within the budget for Governance donations.

I would also recommend that a further donation of $2,500 be provided in the 2007/2008
Management Plan to assist the St John Ambulance Moruya Division with the purchase of a
second hand ambulance.




NEIL MUMME
MAYOR
ENVIRONMENT REPORT TO ORDINARY MEETING OF COUNCIL
HELD ON TUESDAY 19 DECEMBER 2006                                                      Page 5


E06/5      DRAFT ENFORCEMENT AND COMPLIANCE POLICY
           AND CODE OF PRACTICE                                                     06.0445

SYNOPSIS
The Department of Local Government (DLG) recently conducted a review of Council’s
Policies and Procedures and identified a need for a strategic enforcement and compliance
policy to guide Council in undertaking compliance activities.

The DLG acknowledged that whilst Council’s existing Environmental Prosecutions Policy
and Code of Practice addressed a number of the issues of concern a review was necessary.
Staff have undertaken the review and the Environmental Prosecutions Policy and Code of
Practice has been inserted into the Draft Enforcement and Compliance Policy and Code of
Practice (Draft).
BACKGROUND
The NSW Ombudsman produced the publication “Enforcement Guidelines for Councils” in
June 2002 which provides guidance on how local government deals with unlawful activity
generally but with a strong focus on unauthorised development activities.

The publication has three core elements being:

1. Responding to allegations of unlawful activity – this is adequately covered by Council’s
   Complaints and Services Request Policy;

2. Choosing options after an investigation and using Discretion – covered by this Draft
   Policy;

3. Taking enforcement action – this has been historically addressed in the Environmental
   Prosecutions Policy.

The NSW Ombudsman publication “Enforcement Guidelines for Councils” has been taken
into consideration in the development of the Draft.

ISSUES
Council enforces legislation to protect the individual and the community, together with the
built and natural environments as a whole. Council officers carry out a range of activities
with the aim of achieving compliance with legislation by individuals and businesses.

This Draft has been developed to guide staff operating in regulatory areas of Council and
embraces existing policies which constitute important functional activities and ensure a
comprehensive strategic approach in undertaking enforcement activities to achieve a high
level of compliance.

To achieve a high level of compliance with community respect and support it is essential that
compliance is undertaken in a strategic manner that ensures that consistency in decision
making is achieved and reflects a “Firm but Fair” culture within Council. Consistency is not
uniformity.
ENVIRONMENT REPORT TO ORDINARY MEETING
OF COUNCIL HELD ON TUESDAY 19 DECEMBER 2006                                             Page 6


E06/5      DRAFT ENFORCEMENT AND COMPLIANCE POLICY
           AND CODE OF PRACTICE                                                        06.0445

The purpose of this Draft is to address gaps in the existing Environmental Prosecutions Policy
and Code of Practice, whilst providing an over arching policy document setting out Council’s
strategic enforcement and compliance direction.

Legal
Council is bound to both comply with and administer a range of specific pieces of legislation
in a lawful and consistent manner that ensures that compliance with the relevant legislation is
maximised for the benefit of all. The Draft aims to assist staff to take a consistent and
equitable approach in performing the essential enforcement and compliance functions of
Council.

It should be recognised that it is ultimately the responsibility of each individual and business
to comply with the law.

Policy
The Draft underpins the legislation that Council administers and other Council policies such
as those that target the controlled development of the Eurobodalla Shire for the benefit of the
community whilst protecting the sensitive environmental values in which we live.

Council invests considerable resources in the development of Environmental Planning
Instruments for the protection of both individuals and the environment. Strategic enforcement
and compliance is a tool to ensure the benefit of these planning instruments is fully realised.

Environmental

Environmental protection is best assured by a system of quality strategic planning instruments
supported by an enforcement and compliance strategy that ensures the environmental
objectives of environment protection legislation are met.
Social Impact
The policy should have a beneficial social impact in that it assists staff manage issues that
have a potential to cause social disharmony.

Minor non-compliance matters have the potential to become weapons in neighbourhood
disputes whereas significant non-compliance matters may trigger significant social disruption
and disharmony. The Draft recognises the potential for both scenarios and provides guidance
accordingly.
Consultation
This Policy and Code of Practice is intended for internal use and appropriate staff have
therefore been consulted.
ENVIRONMENT REPORT TO ORDINARY MEETING
OF COUNCIL HELD ON TUESDAY 19 DECEMBER 2006                                           Page 7


E06/5        DRAFT ENFORCEMENT AND COMPLIANCE POLICY
             AND CODE OF PRACTICE                                                    06.0445

Strategic Links

Council has a number of Policies and Codes that strategically support and compliment this
Draft;

1. Complaints and Services Requests Policy - details Council’s formal complaint receival
   and management process.
2. Environmental Prosecutions Policy – it is intended that this policy and code of practice be
   repealed and the body of the code of practice inserted into the Draft Enforcement and
   Compliance Code of Practice.

Staff

Compliance activities undertaken by staff are both demanding and stressful on the individual.
Support and guidance material endorsed by Council assists staff in undertaking regulatory
functions and satisfying community expectations.

CONCLUSION
The Draft will improve consistency in decision making regarding compliance with
environmental legislation and planning instruments throughout the Shire and contribute to
achieving the environmental outcomes sought by Council on behalf of the community.

RECOMMENDED
THAT:

1.       Council endorse the Draft Enforcement and Compliance Policy and Code of Practice
         as attached to report E06/5 Draft Enforcement and Compliance Policy and Code of
         Practice and presented to the Ordinary Meeting of Council Meeting held on
         19 December 2006.

2.       The Draft Enforcement and Compliance Policy and Code of Practice be placed on
         public exhibition for a period of 28 days and subject to no comment from the public
         the Policy take effect from the expiration of the public exhibition and the
         Environmental Prosecution Policy and Code of Practice be repealed.


PETER CAMPBELL
ENVIRONMENTAL HEALTH PROTECTION UNIT LEADER
DEVELOPMENT AND NATURAL RESOURCES



Attach
POLICY

Policy Title:         ENFORCEMENT AND COMPLIANCE POLICY


Reason for Policy:   Council recognises that the best way to achieve compliance with the law in
                     the first place is to provide guidance and advice so that those carrying out
                     regulated activities understand the nature and extent of their responsibilities
                     and comply voluntarily. However there are times when conformity with the
                     law needs to be sought by formal enforcement action.

                     Formal enforcement is about securing compliance with regulatory
                     requirements. To this end there is a range of civil and criminal options
                     available ranging from verbal warnings, simple advisory letters, warning
                     letters, orders and notices etc to criminal prosecutions.

                     The effective use of enforcement powers in regulatory schemes is important
                     to secure compliance with the law and where necessary to ensure that those
                     who have not complied may be held to account. Council needs to take into
                     account the need to maintain a balance between enforcement and other
                     advisory activities when allocating resources.

                     Council believes in firm and fair regulation of the matters for which it has
                     responsibility.

                     Nominated officers of Council have delegations to undertake enforcement
                     activity and initiate legal proceedings on behalf of Council as the appropriate
                     regulatory authority under several environmental and other statutes, and it is
                     desirable that authorised officers have clear enforcement guidelines.

                     An Enforcement and Compliance Policy and Code of Practice provides a
                     framework for a consistent approach to enforcement and compliance.
                     (Background; Problems to be addressed; Legislative requirements)


Introduction:        Officers of Council are responsible for enforcing environmental and other
                     legislation in such diverse fields as rates, vegetation, landclearing, burning
                     (wood fires and open burning), pollution, emissions, odours, noise, animals,
                     litter, waste, abandoned vehicles, erosion control, unauthorised development,
                     public health, food premises, encroachments onto reserves, unsightliness, etc.

                     Private certifiers also play an important role in pursuing compliance in
                     elation to construction activities. (Assists the reader understand the terms and gist
                     of the policy)
Policy Details:

Legal

Council has various powers to investigate and undertake enforcement action (civil and criminal
proceedings, orders, notices, verbal and written warnings and penalty infringement notices) against
individuals and companies for offences under the Environmental Planning and Assessment Act
1979, the Local Government Act 1993, the Protection of the Environment Operations Act 1997 and
other relevant statutes.

This Policy and the accompanying Code of Practice is largely based upon the NSW Ombudsman’s
Enforcement Guidelines for Councils and the former EPA’s Prosecution Policy.

Policy Statement

The decision on the appropriate type of enforcement action to undertake is the most important step
in the process for achieving compliance.

The criteria for the exercise of this discretion cannot be reduced to something akin to a
mathematical formula; indeed it would be undesirable to attempt to do so. The breadth of the
factors to be considered in exercising this discretion indicates a candid recognition of the need to
tailor general principles to individual cases.

Council will undertake enforcement activity in accordance with its Code of Practice for
Enforcement and Compliance wherever it appears that the offence or the circumstances of its
commission is or are of such a nature that enforcement action is required in the public interest.

Councillors will be briefed as soon as possible after the decision to initiate Court proceedings has
been made.

Outcome

This Policy encourages consideration of the merit and circumstances of each individual case and
the application of legislative powers as they apply to Council’s diverse areas of operations, leading
to consistent decision making.

Policy objectives
(a) To always act in the public interest.
(b) To secure the confidence of the community through enforcement actions that are fair, equitable,
    consistent and accountable.
(c) To establish an enforcement regime that recognises, and is appropriate to, the character and
    significance of the breach.
(d) To recognise that it may be necessary to seek a court-imposed penalty to act as a deterrent.
(e) To reduce the incidence and range of non-compliance in the Shire.
Significance of Policy

It is considered that the Compliance and Enforcement Policy has a low significance requiring
review every four years. Policy Review Planned Date November 2010

Consultation Process

Council staff involved in interpretation and implementation of this Policy have been included in its
preparation. It is not considered necessary to consult the public before adoption of this Policy as
prosecutions and other legal actions are initiated by Council authorised officers under delegations
from Council.

Access

Taking into consideration the need for transparency and accountability in Local Government, it is
necessary and appropriate for this Policy and the associated Code of Practice to be made available
on the internet and for public information and on request. (This is the nuts and bolts of the policy and
should include policy statement and policy objectives)
CODE OF PRACTICE


Code Title:             ENFORCEMENT AND COMPLIANCE


Reason for Code:        Nominated officers of Council have delegations to undertake compliance
                        activity and initiate legal proceedings on behalf of Council as the appropriate
                        regulatory authority under several environmental statutes, and it is desirable that
                        authorised officers have clear enforcement guidelines.


Introduction:           Eurobodalla Shire Council may institute criminal and civil proceedings under a
                        wide variety of legislation. Council recognises that the publication of this Code
                        of Practice will provide a framework within which consistency, fairness and
                        efficiency can be developed assisting Council in administering legislation.
                        Uniform approaches to encouragement, and where necessary, enforcement, will
                        help to ensure clear and consistent responses by Council staff.

                        Consideration of the merit and circumstances of individual cases and the
                        application of legislation as it applies to Council’s diverse areas of operations
                        will lead to consistent decision making regarding the appropriate means of
                        enforcement.

                        To achieve a high level of compliance with community respect and support it is
                        essential that enforcement is undertaken in a strategic manner that ensures that
                        consistency in decision making is achieved and reflects a “Firm but Fair”
                        culture within Council.

                        It is ultimately the responsibility of each individual and business to comply with
                        the law. Enforcement activities must be undertaken and administered in an
                        equitable and structured manner supported by ongoing education and
                        promotion.

                        The purpose of this Code of Practice is to provide an overarching document
                        setting out Council’s strategic enforcement and compliance direction.

                        Community respect for law and order issues in a democratic society extends to
                        having high expectations for compliance to be pursued in all matters,
                        particularly those for which local government has prime responsibility and
                        which directly impact on individuals and their environment.

                        Local authorities are tasked with multi facetted responsibilities to ensure that
                        the legislation it is responsible for is administered and enforced in a proactive
                        manner that ensures a high level of compliance while achieving good
                        community support and respect for its regulatory activities. assists the reader
                        understand the terms and gist of the code.




G:\Word\CNL\ENVIRONMENT\December 2006\ENFORCEMENT AND COMPLIANCE COP ATTACH.doc                          1
Code of Practice
details:                  The Code of Practice covers the following:

                          1.      Discretion
                          2.      Investigation
                          3.      Enforcement
                          4.      Prosecution
                          5.      Selection
                          6.      Charges
                          7.      Trial
                          8.      Disclosure,
                          9.      Indemnification
                          10.     Appeals
                          11.     Delegation
                          12.     Conclusion

1. Discretion

The exercise of Council’s authority to enforce the laws it administers is discretionary. This has the effect
that:

    i. Council does not have a legal obligation to take action to enforce compliance at the insistence of
        a third party.
    ii. Council may choose not to enforce the law in particular circumstances or at all.

However, Council may commit a legal error if it does not turn its mind to the exercise of its statutory
powers in the event of a breach of the law. Under the common law, failure to take enforcement action
may constitute negligence in the event that a duty of care can be established to exist and to have been
breached.

Staff are required to observe a number of matters for the exercise of their discretionary powers to be
lawful (from Enforcement Guidelines for Council’s, NSW Ombudsman June 2002):

    (a) The power must be used for a proper purpose i.e. within the scope and purpose for which the
        power was given.
    (b) The decision-maker must give proper, genuine and realistic consideration to the merits of the
        particular case.
    (c) The decision-maker must consider only relevant matters and must not take into account irrelevant
        considerations in reaching a decision.
    (d) The decision must not be manifestly unreasonable.
    (e) The decision-maker must give adequate weight to a matter of great importance but not give
        excessive weight to a relevant factor of no great importance.
    (f) The decision-maker must not exercise discretion in a way that is so unreasonable that no
        reasonable person could have exercised the power.
    (g) The decision-maker must not make a decision that is arbitrary, vague or fanciful.
    (h) The decision-maker must exercise discretion independently and not act under the dictation or at
        the behest of any third person or body.
    (i) The decision-maker must not fetter its discretion by, for example, adopting a policy that
        prescribes its decision-making in certain circumstances.
    (j) The decision-maker must observe the basic rules of procedural fairness.
    (k) The decision-maker must not act in a way that is biased or conveys a reasonable perception of
        bias.




G:\Word\CNL\ENVIRONMENT\December 2006\ENFORCEMENT AND COMPLIANCE COP ATTACH.doc                           2
2. Investigation

Investigations are carried out by Council Officers in response to complaint and service requests for the
purposes of gathering evidence to determine compliance with the law.

On occasion investigations become criminal investigations and special provisions apply for the protection
of people who may have committed an offence; most notably suspects are entitled to be cautioned in
accordance with the Evidence Act 1995 and other legislation.

Where it is suspected that a criminal offence has been committed and the particular circumstances merit,
at first sight, seeking a criminal sanction then the matter will be investigated with a view to ensuring any
evidence gathered will be admissible in Court. In determining whether or not it is appropriate to pursue a
matter as a criminal investigation the following issues will be considered:

      (a)   the impact or potential impact of the offence on the environment and the community
      (b)   the alleged offender's response to any previous advice and guidance
      (c)   whether the use of any available civil enforcement powers would be sufficient remedy
      (d)   the benefit, financial or otherwise to the offender by avoidance of regulatory requirements, and
      (e)   the need to obtain a criminal conviction for the purposes of general deterrence

The evidence obtained in a criminal investigation can be used to achieve one of the options set out in
Section 4 (Enforcement Options) below.

3. Enforcement Options

Council’s enforcement action in the case of non-compliance will involve one or more of the following
types of response.

3.1         No Action

No action may be the appropriate response when the non-compliance or activity is of a minor technical
breach only, when there is a lack of sufficient evidence, when no action is justified by assessment in
accordance with the prosecutions provisions of this Code of Practice. When Council does not have
authority to take action to remedy the breach.

3.2         Referral

When appropriate Council will refer the matter to another government authority, private certifier or
accreditation authority.
In particular, Private Certifiers assume the responsibilities of Council to ensure compliance with those
matters covered by their respective charter and engagement at any particular time.

Council may need to refer complaints and complainants to Private Certifiers for investigation and
resolution of matters where private certifiers are engaged.

In instances relating to the professional performance of a private certifier, Council may refer a
complainant to the appropriate certifier’s accreditation authority. In some limited instances Council may
lodge a formal performance complaint with the respective accreditation authority.

3.3         Educative

It may be that by counselling and educating on the relevant Council requirements that the non-compliance
will cease immediately without any likelihood of recurrence. For example breaches of conditions of
consent relating to noise, hours of operation and air emissions are often easily remedied by an educative
approach.

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3.4     Negotiation

This may involve advising the person responsible as to the nature of the breach and the relevant Council
requirements then issuing a letter requiring that remedial work be done or an activity cease in lieu of
more formal action.
It may also involve issuing a letter that asks the subject of the investigation to show cause as to why
Council should not exercise its discretion to implement specified enforcement action such as prosecution
action.
Negotiation may involve asking the person to provide an undertaking to take action or cease action to
ensure compliance.

3.5     Await Determination of Application for Consent/Approval

This option is particularly relevant where it is likely that an activity or use would gain consent.
It may be prudent to negotiate a time frame to enable the non-compliance to be addressed by requiring the
person to submit an application for approval/consent and to obtain that consent. Failure to lodge an
application or obtain approval/consent will result in further enforcement action.

3.6     Penalty Notices

        3.6.1.   Background

        The penalty notice system was introduced to provide an effective and efficient means to deal with
        those breaches of environmental legislation which, although widespread, were rarely serious
        enough to warrant instituting Court proceedings.

        A penalty notice is served because an offence apparently has been committed, but payment of the
        fine does not lead to the recording of a criminal conviction. Non-payment of the fine is not dealt
        with by way of criminal sanctions, but is recoverable as a civil debt. On the other hand, if a
        person elects to have the matter heard, proceedings are instituted in the criminal jurisdiction of
        the Local Court.

        Penalty notices may be issued by appropriately authorised officers of Council.

        3.6.2    Operation

        Just as there is discretion to prosecute criminal matters, so there is discretion whether or not to
        serve a penalty notice. However, any discretion exercised by individual officers must take into
        account the intention manifested in legislation to penalise those breaches that, in the past, may
        have gone unpunished. Penalty notices are designed primarily to deal with one-off breaches that
        can be remedied easily. They are not appropriate in situations of an on-going nature where
        further inquiries are needed to ascertain the nature of the problem and develop an effective long-
        term solution. Other enforcement options may be appropriate in these circumstances.

        It is generally inappropriate to issue contemporaneous or successive penalty notices for multiple
        statutory breaches. In such an instance, there is obviously a major, and probably continuing,
        compliance problem, even though each breach in itself may be comparatively minor. Such a
        problem needs to be dealt with by a Court so that the appropriate orders can be made and
        enforced.

        Penalty Infringement Notices are (generally) for minor violations of legislation. The issue of a
        penalty notice, therefore, requires judgement on the part of the authorised officer that the
        infringement is not one for which a penalty substantially in excess of that prescribed for the
        notice would be appropriate. There are safeguard provisions in some legislation for a penalty
        notice to be withdrawn within a number (x) of days of service. While some error of judgement is
        catered for by this provision, its use should be viewed as a safety net rather than a mechanism to
        be applied regularly. If there is any doubt about the seriousness of the offence and therefore
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       whether to issue a penalty notice or commence Court proceedings, then it is prudent to have the
       matter reviewed before proceeding. An example where this is particularly the case are the pollute
       waters offences arising under section 120 of the Protection of the Environment Operations Act
       which can attract fines up to $250,000 if heard in Court, as opposed to a $1500 fine by way of
       penalty notice.

       There is usually no specific time-frame set out in legislation within which penalty notices have to
       be issued. However, since the service of the penalty notice may be the first notification that a
       person has of the alleged breach, it must be received at a sufficiently proximate time to enable the
       alleged offender to recall the events so that an informed election can be made to defend the
       matter in Court. As a matter of fairness and courtesy, it is desirable that penalty notices be issued
       within 28 days of the discovery of an alleged breach.

       It would be inappropriate for Council to issue a penalty notice in a situation where another
       Authority was already involved in the matter. It may be that the other Authority has decided to
       deal with the problem by way of issuing a direction that specified work be performed. In the
       event that such work is not performed, an offence would be committed and can be dealt with at
       that stage. In any event, where it is apparent that the other Authority is already involved in a
       matter, it would be appropriate for Council, prior to taking action, to consult with the other
       Authority so that a coordinated and constructive approach can be adopted.

       The service of a penalty notice does not in itself institute criminal proceedings. It can, however,
       lead to the institution of criminal proceedings at the defendant's election.

       3.6.3   Summary

       Penalty notices are appropriate where:

       i.      the breach is minor;
       ii.     the facts are apparently incontrovertible;
       iii.    the breach is a one-off situation that can be remedied easily; and
       iv.     the issue of a penalty notice is likely to be a practical and viable deterrent.

       It is not appropriate to issue penalty notices where:

       (a) the breach is on-going and not within the alleged offender's capacity to remedy quickly;
       (b) the penalty prescribed on the notice would be clearly inadequate for the severity of the
           offence;
       (c) the extent of the harm to the environment cannot be assessed immediately;
       (d) the evidence is controversial or insufficient such that if a Court heard the matter, it would be
           unlikely to succeed;
       (e) a period of 28 days has elapsed since discovery of the alleged breach;
       (f) negotiations to find a resolution to the problem that is the subject of the breach are being
           conducted already with another Authority;
       (g) a direction via notice has been issued by another Authority to perform specified work within
           a time-frame and the time limit for such performance has not expired;
       (h) multiple breaches have occurred.

4.6    Notices/Orders

Orders and Notices should not be issued in the absence of a commitment by the issuing Officer to pursue
legal redress in the event of non-compliance with the Order or Notice.
If the order is not substantially complied with Council may, under various legislation:




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        (a) Enforce the order or notice by undertaking the necessary work and recovering the costs from
            the proponent, or
        (b) Commence court proceedings for the issuing of court orders to enforce the Council order or
            notice, or
        (c) Council may issue a penalty notices for not complying with certain orders or notices.
        (d) Consider taking court action in accordance with the provisions of this Code of Practice.

4.7     Injunction

Council may commence court proceedings for immediate injunctive relief to prevent a breach from
continuing or occurring. This is generally an action of last resort and will generally be preceded by at
least a letter warning that Council intends to take the action.

4.8     Prosecution

        4.8.1      Purpose of this Section (Section 4.8)

        The purpose of this section is to identify for the benefit of the public, including those within the
        regulated community, and other prosecutorial organisations:

        (a) the basis on which Council will make a decision to prosecute;
        (b) the factors to be taken into account in deciding which persons are the appropriate defendants;
        (c) the factors to be taken into account in deciding which charges to lay;
        (d) the factors to be considered in determining the appropriate mode of trial;
        (e) the significant cooperative measures that may influence the Council’s decision to prosecute
            or may operate as important mitigating factors on sentence;
        (f) instances in which Council may recommend the indemnification of witnesses; and
        (g) factors considered by Council before commencing an appeal against a sentence
        (h) imposed by the Court.

This Code of Practice is not legally binding on the Council or any other organisation. It reflects the
current policy of the Council.

        4.8.2      The Decision to Prosecute

        4.8.2.1 Evidence

        The basic prerequisite of any prosecution is that the available evidence establishes a prima facie
        case. However, as noted by the Director of Public Prosecution, New South Wales:

              It has never been the rule in this country ... that suspected criminal offences must
              automatically be the subject of prosecution. Indeed the very first Regulations under which the
              Director of Public Prosecutions worked provided that he should ... prosecute ‘wherever it
              appears that the offence or the circumstances of its commission is or are of such a nature that
              a prosecution in respect thereof is required in the public interest’. That is still the dominant
              consideration.




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       Sir Hartley Shawcross QC, UK Attorney General and former Nuremberg trial prosecutor,
       speaking in the House of Commons on 29 January 1951.

       4.8.2.2 Discretion

       Sufficiency of evidence is therefore not the sole criteria for prosecution:

       (a) not every breach of the criminal law is automatically prosecuted – the laying of charges is
           discretionary; and
       (b) the dominant factor in the exercise of that discretion is the public interest.

       Council accepts the Prosecution Policy of the Commonwealth that states:

             The decision whether or not to prosecute is the most important step in the prosecution
             process ... The criteria for the exercise of this discretion cannot be reduced to something
             akin to a mathematical formula; indeed it would be undesirable to attempt to do so. The
             breadth of the factors to be considered in exercising this discretion indicates a candid
             recognition of the need to tailor general principles to individual cases.

             In criminalising breaches of legislation a primary, though not the sole aim, is deterrence.
             By extending criminal liability to a wide range of people who may be involved in some
             way with breaches, eg. Owners/occupiers of premises, and directors and managers of
             corporations, the legislation generates increased awareness and responsibility for
             performance both vertically within corporate hierarchies and laterally across a broad
             spectrum of those with responsibility for acting according to the law. Potential liability,
             however, does not mean automatic prosecution.

             Council has recognised that prosecution may not always be the most appropriate response.
             Council has discretion as to how to proceed in relation to breaches and may pursue non-
             prosecution options to prevent, control, abate or mitigate any harm caused by an alleged
             offence or to prevent the continuance or recurrence of an alleged offence.

             Prosecution will be used, therefore, as part of the Council’s overall strategy for achieving
             its objectives. Each case will be assessed to determine whether prosecution is the
             appropriate strategic response. It will be used as a response where it is in the public interest
             to do so.

       4.8.2.3 Factors To Be Considered

       Factors which alone or in conjunction arise for consideration in determining whether the
       public interest requires a prosecution include:

       (a) the seriousness or, conversely, the triviality of the alleged offence or that it is of a ‘technical’
           nature only;
       (b) the harm or potential harm caused by the offence;
       (c) any mitigating or aggravating circumstances;
       (d) the degree of culpability of the alleged offender in relation to the offence;
       (e) the availability and efficacy of any alternatives to prosecution;
       (f) whether the offender had been dealt with previously by non-prosecutorial means;
       (g) whether the breach is a continuing or second offence;
       (h) whether the issue of Court orders are necessary to prevent a recurrence of the offence;
       (i) the prevalence of the alleged offence and the need for deterrence, both specific and general;
       (j) the length of time since the alleged offence;
       (k) the age, physical or mental health or special infirmity of the alleged offenders or witnesses;
       (l) whether there are counter-productive features of the prosecution;
       (m) the length and expense of a Court hearing;

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          (n) the likely outcome in the event of a conviction having regard to the sentencing options
              available to the court;
          (o) any precedent which may be set by not instituting proceedings;
          (p) whether the consequences of any conviction would be unduly harsh or oppressive and;
          (q) whether proceedings are to be instituted against others arising out of the same
          (r) incident.

Council adopts the cardinal principle that a prosecution must not be brought for improper purposes. A
decision whether or not to prosecute will not be influenced by:

          (a) any elements of discrimination against the person eg. race, nationality, political associations;
          (b) personal empathy or antipathy towards the offender; or
          (c) the political or other affiliations of those responsible for the prosecution decision.

5.        Who May Prosecute

Council can bring proceedings where it is the appropriate regulatory authority in relation to the offence.

Further, other people may bring prosecution proceedings for offences against legislation Council
administers such as the Protection of the Environment Operations Act and the Contaminated Land Act if
they have obtained the leave of the Land and Environment Court.

The Land and Environment Court may only grant leave where it is satisfied that Council or other
Regulatory Authorities have decided not to take relevant action in respect of the act or omission
constituting the alleged offence or has not made any decision to take such action within 90 days of being
requested to institute proceedings. Under the Protection of the Environment Operations Act, such action
includes using statutory powers to address any harm to the environment caused by the alleged offence or
otherwise taking action to prevent the continuance or recurrence of the offence. Under the Contaminated
Land Act, such action includes taking action under that Act to ensure compliance with an investigation or
remediation order.

In some instances Council may decide it is not appropriate to take enforcement action and may advise
complainants of their right to seek redress through the court system.

6.        Selecting The Appropriate Defendant

6.1       General Principles

Liability is imposed on a wide range of people who may have participated in or contributed to an act.
This may mean that a number of people commit an offence arising out of one incident. However, it is not
always appropriate to prosecute every person who may be liable for an offence. In addition to the factors
set out in 3.6 above, there are some further considerations that may be taken into account in determining
the appropriate defendant/s. These are:

      (a) who is primarily responsible for the alleged offence, that is, who was primarily responsible for
           the acts or omissions giving rise to the alleged offence or the material circumstances leading to
           the alleged offence or who formed any relevant intention;
      (b) in relation to the matters set out in (a) above, what was the role of the proposed defendant; and
      (c) the effectiveness of any Court orders that might be made against the proposed defendant.




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6.2      Corporate Liability

Some legislation imposes liability on corporations as well as individuals. Where an offence is committed
by employees, agents or officers of a corporation in the course of their employment, proceedings will
usually be commenced against the corporation. Where, however, the offence has occurred because the
employee, agent or officer has embarked on a venture of his/her own making and volition, outside the
scope of his/her employment, proceedings may be instituted against the employee, agent or officer and
not against the corporation. Another factor that will be considered is the existence and effective
implementation of any compliance programs of the corporation.

6.3      Employees’ Liability

Legislation sometimes requires that the Court, in imposing a penalty, will take into account whether an
employee was acting under orders from a supervisor in committing the offence. However, legislation
does not always absolve the employee from all responsibility. For example Parliament has imposed on
all employees an obligation to protect the environment irrespective of their employers' attitudes.

The guiding principle in deciding whether to charge an employee is the degree of culpability involved.
Factors relevant to assessing the degree of culpability include:

      (a) whether the employee knew or should have known that the activity in question was illegal;
      (b) the seniority of the employee and the scope of the employee's employment duties and;
      (c) whether, having regard to the employee's seniority and employment duties, the employee had
          taken reasonable steps to draw to the attention of the employer or any other relevant person the
          impropriety of the practice.

An employee who, in good faith, followed a specific management procedure would not normally be
prosecuted for an offence occasioned by following that procedure.

6.4      Liability of Directors and those Concerned in the Management of a Corporation

Council Considers that if a corporation contravenes, whether by act or omission, any provision of any
legislation, each person who is a director of the corporation or who is concerned in the management of
the corporation is taken to have contravened the same provision, unless the person satisfies Council that:

      (a) the corporation contravened the provision without the knowledge actual, imputed or constructive
          of the person; or
      (b) the person was not in a position to influence the conduct of the corporation in relation to its
          contravention of the provision, or
      (c) the person, if in such a position, used all due diligence to prevent the contravention by the
          corporation.

Council recognises that while corporations are legal entities, nevertheless, it is the directors and managers
who represent the directing mind and will of the corporation and control its activities. Council is clearly
of the opinion that those who direct a corporation's illegal activities will not be shielded from
responsibility by the corporate legal structure. The basic test as to whether proceedings will be brought is
again one of culpability. For example, the Land and Environment Court noted in Kelly's case that:

        in certain circumstances it might be appropriate to also prosecute the person who had the day-to-
        day control of the premises or the business of the corporation, and who for all relevant purposes
        committed the offence. (See Hemmings, J. in SPCC v R.V. Kelly unreported LEC, 26 June 1997 at
        p. 7).




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In any decision to prosecute the crucial issue is the person's actual control or ability to influence the
conduct of the corporation in relation to its conduct. It will be a question of fact in each case as to who is
concerned in the management of that corporation and the prosecution will be required to prove that fact
beyond reasonable doubt. What is important is not the scope of a management role per se nor the
capacity to influence the corporation's operations in a broad sense. As a general policy, Council will
institute proceedings only where there is evidence linking a director or manager with the corporation's
illegal activity. That link need not necessarily be of a positive (intentional) character but could be of a
negligent nature.

The matters set out above will be considered in addition to the factors set out in determining whether or
not to commence proceedings against a director or manager.

6.5     Lenders' Liability

Although there are very few situations in which lending institutions could attract criminal liability, there
are instances where lenders may be technically liable for prosecution because they fall into particular
categories such as owners or occupiers The guiding principle for Council in this area is again the
culpability of potential defendants in relation to the offence. More than technical legal liability will be
necessary as a pre-requisite to prosecution.

It is acknowledged that, in framing legislation, it may not have been Parliament's intention to restrict in
any way the legitimate commercial activities of lending institutions. As the Minister for the Environment
noted in his Second Reading Speech on the Protection of the Environment Administration Act 1991:

        …(the Government) does not believe that lenders should be subject to liability for pollution
        caused by an enterprise if they have done nothing more than advance money to that enterprise by
        normal commercial form in some legal fashion and have taken no role that would have led to the
        creation of environmental problems.

By engaging in normal business practices lending institutions may be involved in the management of the
borrower corporation. However, Council will not institute proceedings on the basis of management
capacity nor on the basis of actual management of the company in a general sense. The crucial factor for
any potential defendant, including lenders, is the actual control or ability to influence the conduct of the
corporation in relation to its conduct.

6.6     Public Authorities

        6.6.1 Background

        Council recognises that the issue of deciding in what circumstances legal proceedings should be
        instituted against public authorities is a specific instance of determining whether or not
        proceedings are in the public interest and acknowledges that there are two competing public
        ideals in relation to proceedings against public authorities. These are: The public has an interest
        in Government authorities abiding by the law. The law should apply equally to the private and
        public sectors; and; It is the taxpayer that bears the cost of any proceedings and such expenditure
        needs to be justified as being in the public interest.

        Council recognises that the ultimate aim of any proceedings is to ensure compliance with
        legislation. Public authorities are usually under the control and direction of a Minister who can
        direct compliance with the relevant legislation. However, experience indicates that sole reliance
        on that avenue does not make for the same rigid adherence as the requirements of the Court
        process. Moreover, in the interests of general deterrence, there will be instances where it is
        important that compliance not only be achieved but be seen to be achieved.



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        6.6.2    Consultation

        It would be inappropriate to enter consultations with government departments solely to achieve a
        ‘by consent’ prosecution wherein the charges laid reflect the gravity of the offence. However, it is
        in the public interest that Court proceedings involving public authorities are concluded quickly.
        Council will attempt, therefore, to define the facts in issue and, with the concurrence of the other
        authority, will prepare and tender to the Court an agreed statement of facts.

7.      Charges

7.1     General Principle

Once a decision has been made to deal with an incident by way of legal proceedings, it is in the public
interest for those proceedings to succeed. It is therefore the Council’s responsibility to select charges it
can prosecute successfully and which are consistent with the seriousness of the alleged conduct. The
charge or charges laid must reflect adequately the nature and extent of the conduct disclosed by the
evidence with the aim of providing a basis for the Court to impose an appropriate penalty. In line with
this general principle, the following policy positions have been adopted.

7.2     Similar charges for the same offence

Council is aware that it has a duty to refine its case to avoid laying either duplicitous or multiple charges.
There will be occasions where the same act will be prohibited under two separate statutes and involve an
offence under each. Where there is another Prosecuting Authority involved Council will liaise with the
other authority to ensure the most appropriate charge(s) are laid. Conversely, it would be preferable for
other prosecuting bodies that know of the Council’s actual or potential involvement in a case to initiate
contact prior to commencing proceedings.

7.3     Court of Competent Jurisdiction

As a general rule, Council will initiate proceedings in the higher Courts in those situations involving
unlawful wilful or negligent acts which cause or have the potential to cause serious harm, such that the
prosecution would be seeking a substantial penalty. Sometimes the elements of wilfulness or negligence
will be evident in quite minor incidents but it would be a misuse of the resources of both Council and the
higher Courts if the incident could be adequately dealt with in the Local Court or by Penalty Infringement
Notice.

7.4     Continuing offences

The determining factor in whether to charge a continuing offence or separate offences is whether there
was a single act or omission which gave rise to consequences which continued over a period of time. A
single act or omission with continuing consequences should appropriately be charged as a continuing
offence. The charging of a continuing offence is also appropriate where there has been a continuing act,
eg water pollution continuing over several days. If there is any doubt of continuity then separate charges
will be laid.

7.5     Charge-bargaining

‘Charge-bargaining’ involves negotiations between the defence and Council in relation to the charges that
will proceed to hearing. As a result of these negotiations, the defendant may opt to plead guilty to fewer
than all the charges initially laid, or to a lesser charge or charges, in return for the prosecution offering no
evidence on the remaining charges. However, if appropriate charges are laid initially there is little scope
for charge bargaining and hence there will be only limited circumstances where bargaining will be
considered.


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A charge-bargaining proposal will not be entertained by Council unless:

      (a) the remaining charges reflect adequately the nature of the conduct of the defendant; and
      (b) those charges provide the basis for an appropriate sentence in all the circumstances of the case.
      (c) the defendant is cooperative and fully discloses all evidence relating to the offence/s.

8.        Mode Of Trial

8.1       General principle

The general principle adopted is that proceedings for serious offences will be instituted in the Land and
Environment Court or the District Court except where Council intends to submit to the Court that the
appropriate penalty, given all the circumstances surrounding the offence, will exceed a period of two
years imprisonment. This principle takes cognisance of the following factors:

      (a) the intention of Parliament as manifested in the jurisdictional limits prescribed by legislation.
          The maximum fines for corporations and individuals under environmental legislation are
          identical in the Supreme Court and the Land and Environment Court. The only difference lies in
          that the maximum term of imprisonment which can be imposed by the Land and Environment
          Court is two years, as opposed to the maximum penalty of seven years imprisonment that can be
          imposed by the Supreme Court;
      (b) the Land and Environment Court has been established as a specialist Court to hear environmental
          matters;
      (c) the process of proceeding by way of indictment, involving as it does an initial committal hearing,
          is a lengthy process.

8.2       Less Serious Offences

Less serious offences can be instituted either in the Land and Environment Court or the Local Court.
Council will consider the following factors in choosing the venue for the summary hearing:

      (a) unless the amount of the fine is likely to exceed the jurisdictional limit for Local Courts or there
          are other special circumstances, proceedings for those offences committed in Council’s area will
          be heard by the most convenient Local Court
      (b) all offences which are serious enough to attract possible penalties in excess of the jurisdictional
          limit for Local Courts will be commenced in the Land and Environment Court or the District
          Court;
      (c) those matters that have or are expected to give rise to applications for court orders (such as
          restraining orders and the like) will be commenced in the Court having the appropriate
          jurisdiction; and
      (d) unless there are good reasons to the contrary, all charges arising out of the same incident will be
          instituted in the same jurisdiction (and preferably at the same time) so the Court has the option to
          hear them together.

9.        Disclosure, Co-Operation And Compliance

9.1       Background

Council recognises that early notification of an incident together with full and informed cooperation on
the part of the offender will often minimise harm. It is in the public interest, therefore, to encourage
voluntary disclosure and cooperation. Together with other relevant matters the factors of voluntary
disclosure and cooperation will be considered by Council in exercising its prosecutorial discretion.




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Consideration will be given as to whether or not the person made a voluntary, timely and complete
disclosure of the breach incident. Specifically, consideration will be given to whether:

      (a)   the person notified Council promptly;
      (b)   the information assisted the control, abatement or mitigation of any harm;
      (c)   the information substantially aided Council’s investigation of the incident;
      (d)   the information was available from other sources; and
      (e)   the disclosure occurred prior to Council or any other regulatory body obtaining knowledge of the
            non-compliance.

9.2         Mandatory Disclosure

A disclosure is not considered voluntary if that disclosure is already a mandatory requirement under law,
for example, disclosure pursuant to Part 5.7 of the Protection of the Environment Operations Act relating
to the duty to notify authorities of particular pollution incidents. Nevertheless, even in situations of
mandatory disclosure, the quantity and quality of the information provided as well as expeditious
notification will be regarded by Council as mitigating factors to be taken into account on sentence and
will so submit to the Court.

9.3         Cooperation

The extent of the cooperation between Council and the offender from the time of the occurrence of the
incident to the conclusion of the investigation may determine the timeliness and effectiveness of the
response to the incident. An offender's willingness to make available to Council all relevant information
(including the complete results of any internal or external investigation and the identity of all potential
witnesses) is to be encouraged and, hence, is a factor to be considered.

9.4         Preventive Measures and Compliance Programs

Council wishes to encourage the introduction and implementation of comprehensive compliance
programs such as environmental audits and environmental management programs, which will militate
against non-compliance situations arising. Accordingly, the existence and implementation of such
programs will be taken into consideration in deciding whether to prosecute.

10.         Indemnification Of Witnesses

10.1        Power to Indemnify

Council does not have the power to indemnify a witness or to provide immunity against prosecution and
would need to make a request to the Office of the Director of Public Prosecutions where considered
appropriate.

It is important to note the policy of the Office of the Director of Public Prosecutions in New South Wales
in relation to immunity:

            Generally an accomplice should be prosecuted (subject to the policy and guidelines whether or
            not he or she is to be called as a witness … There may be rare cases, however, where that course
            cannot be taken. For example, there may be insufficient admissible evidence to support charges
            against the accomplice.

A request for an indemnity or undertaking on behalf of a witness will only be made by Council after
consideration of a number of factors, the most significant being:




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      (a) whether or not the evidence that the witness can give is reasonably necessary to secure the
          conviction of the accused;
      (b) whether or not that evidence is available from other sources; and
      (c) the relative degrees of culpability of the witness and the accused.

11.         Appeals Against Sentence

Council may appeal against sentences that have been imposed by the courts. However, such appeals
ought to be rare. In deciding whether to appeal a sentence, Council will be guided by the principles set
out in the Prosecution Policy and Guidelines of the Office of the Director of Public Prosecutions, New
South Wales. The key factors to be taken into account are:

      (a) appeals should only be brought to establish and maintain adequate standards of punishment for
          crime or to correct sentences that are so disproportionate to the seriousness of the crime as to lead
          to a loss of confidence in the administration of justice; and
      (b) appellate courts will intervene only where it is clear that the sentencer has made a material error
          of fact or law or has imposed a sentence that is manifestly inadequate.

In general, an appeal will only be instituted where it is considered likely to succeed. Any such appeal
should be brought promptly.

12.         Delegation To Prosecute

The decision to prosecute may be made via delegated authority as follows:

      (a)   The General Manager - all matters
      (b)   Deputy General Manager - all matters
      (c)   Group and Executive Managers – District Court, Land & Environment Court
      (d)   Team Leaders - Local Court
      (e)   Other Staff with appropriate delegated authority - Orders, Notices & PINs.

13          Conclusion

This Code of Practice addresses those issues that Council considers are relevant to Enforcement and
Compliance activities which are of immediate concern and in respect of which clarification is desirable.
It is anticipated that as Council continues to operate there will be other specific issues that will need to be
addressed through guidelines.




G:\Word\CNL\ENVIRONMENT\December 2006\ENFORCEMENT AND COMPLIANCE COP ATTACH.doc                             14
ENVIRONMENT REPORT TO ORDINARY MEETING OF COUNCIL
HELD ON TUESDAY 19 DECEMBER 2006                                                         Page 8


E06/6       DRAFT LOCAL ORDERS POLICY 2006                                              06.0381


SYNOPSIS
To advise the period for public consultation and submissions has ended and no submissions
have been received.
BACKGROUND
On Tuesday 26 September 2006 Council resolved that the Draft Local Orders Policy be
approved for placement on public exhibition in accordance with the provisions of Section
160(1) of the Local Government Act 1993 (LG Act).

The LG Act provides an Orders regime under sections 124 and 125 to enable staff to deal with
a variety of issues. Each of the Orders available under these sections relates to a specific type
of action. Staff currently have delegated authority to issue Orders under the legislation. The
Draft Local Orders Policy serves to identify for the community the circumstances under
which Council may use its discretion to serve Orders.

Legal
Under Section 160 of the Act Council is required to give public notice of a Draft Local Policy
after it is prepared. The period for public notice and submissions has expired without any
submissions being received.

The criteria and standards discussed in the policy will only apply if enforcement action is
warranted and Council serves an Order under the LG Act. For example, a person may
continue to keep more than two dogs in urban areas. If however Council received complaints
that the dogs were being kept in a manner that caused offensive odours and investigation
justified the complaint an Order may be served to limit the number of dogs kept at the
premises to two.

The Draft Local Orders Policy is therefore not to be considered as a general standard to be
applied to all of the community.
Policy
The objects of the Draft Policy are:

1. To promote an integrated framework for dealing with Orders.
2. To ensure consistency and fairness in the manner in which the Council deals with Orders.
3. To make the Council’s policies and requirements for Orders readily accessible and
   understandable to the public.
4. To assist Council to fully pursue its Charter under Section 8 of the Act.

The purpose of the policy is to supplement the Orders provisions of the Act and the Local
Government (General) Regulation 2005 by specifying the criteria which (if the policy is
adopted) Council must consider in determining whether or not to give an Order under
Sections 124 or 125. The Policy also provides an overview of the circumstances where orders
can be given.
ENVIRONMENT REPORT TO ORDINARY MEETING
OF COUNCIL HELD ON TUESDAY 19 DECEMBER 2006                                             Page 9


E06/6          DRAFT LOCAL ORDERS POLICY 2006                                          06.0381


ISSUES

Some minor changes have been made to the original draft based on staff consultation and a
recent matter staff have dealt with:

1.       The heads of consideration for issuing Order 18 have been changed by requiring the
         decision maker to take into account whether development consent is required for the
         use under the Environmental Planning and Assessment Act 1979.

2.       Section 6 to Order 18 (Dogs) has been amended to allow for breeding of litters and
         keeping of greyhounds as follows:

         (a)    The maximum number of dogs shall be limited to two (2) adults and one (1)
                litter of pups up to six (6) months old per premise in urban areas.
         (b)    The maximum number of dogs other than greyhounds shall be limited to four (4)
                adults and one (1) litter of pups up to six (6) months old per premise in rural
                areas.
         (c)    The maximum number of greyhounds shall be limited to four (4) adults and
                one (1) litter of pups up to thirteen (13) months old in rural areas.

Financial
There are no financial implications arising from implementing a Local Orders Policy apart
from the cost of the notice of exhibition in the local newspaper.

No additional resources are required for implementation of the Local Orders Policy.

CONCLUSION
The Draft Local Orders Policy was suggested as a form of best practice by the Department of
Local Government and will ensure consistency and fairness in the manner in which the
Council deals with Orders.

RECOMMENDED

THAT Council adopt the Draft Local Orders Policy as attached to report E06/6 Draft Local
Orders Policy 2006 and presented to the Ordinary Meeting of Council Meeting held on
19 December 2006.


PETER CAMPBELL
ENVIRONMENTAL HEALTH PROTECTION UNIT LEADER
DEVELOPMENT AND NATURAL RESOURCES


Attach
  EUROBODALLA SHIRE
       COUNCIL




       DRAFT
LOCAL ORDERS POLICY 2006
TABLE OF CONTENTS

Index                                                                        Page No.

Status and Purpose of the Policy                                                    3
General Aims of the Policy                                                          3
Commencement of the Policy                                                          3
Amendment of the Policy                                                             3
Application                                                                         4
Procedures for the issuing of Orders                                                4
Criteria for consideration                                                          4


Section 124 Orders (Local Government Act, 1993)

Order Nos. 5 (a), (b), (c), (d), (e) & (f) - Action necessary for compliance with
              relevant standards of the Act                                   5
Order No 7 - To fence land                                                          6
Order No. 8 - Identification of premises                                            7
Order No. 9 - Fence, empty, fill or cover hole or waterhole                         7
Order No. 10 -Remove or stack articles, erect fences or screens, plant trees        8
Order No. 11 -Prevent or repair environmental damage                                9
Order No. 12 -Control flow of surface water across land                             10
Order No. 15 -Not conduct or cease conducting activity on premises                  11
Order No. 16 -Cease the use or evacuate premises                                    12
Order No. 17 -Leave premises or not enter premises                                  12
Order No. 18 -Not keep birds or animals on premises contrary to the manner
               specified by Council                                                 13
Order No. 19 -Use or not use a tennis court as specified                            17
Order No. 20 -Keep premises, vehicles or articles used in association with
               food in a clean or sanitary condition                                18
Order No. 21 -Land or premises kept in a safe and healthy condition                 19
Order No. 22 -Store, treat, process, collect, remove, dispose of or destroy
               waste on land or premises                                            20
Order No. 24 -Connect premises with sewerage system by specified date               20
Order No. 25 -Not use or permit human waste storage facility on premises
               after specified date                                                 21
Order No. 27 -Remove an object or matter from a public place                        22
Order No. 28 -Take steps to prevent damage to a public place and repair
               damage to public place                                               22
Order No. 29 Alter or repair a work or structure on, over, or under a public
               Place                                                                23
Order No. 30 -Comply with an approval                                               23
Section 125 - To order a person to abate a public nuisance                          24




                                                                                         2
TITLE

This Local Policy is the Eurobodalla Shire Council Local Order’s Policy 2006 (LOP).

STATUS AND PURPOSE OF THE POLICY

This Local Orders Policy (“LOP”)is prepared and adopted under Chapter 7, Part 3 of the
Local Government Act 1993 (“the Act”) and Clause 100 of the Local Government
(General) Regulation 2005 (“the Regulation”).

The purpose of the LOP is to supplement provisions of the Act and the Regulation by
specifying the criteria which Council must take into consideration in determining whether
or not to give an Order under Sections 124 or 125 of the Local Government Act 1993.

It should be remembered that any criteria standards included in this policy only applies to
a person(s) if enforcement action is warranted and Council serves an Order under Section
124 of the Local Government Act, to that effect on that person. They are not to be
considered as a general standard to be applied to all of the community.


GENERAL AIMS OF THE POLICY

The Policy aims:

•   To promote an integrated framework for dealing with Orders.
•   To ensure consistency and fairness in the manner in which the Council deals with
    Orders.
•   To make the Council’s policies and requirements for Orders readily accessible and
    understandable to the public.
•   To assist Council to fully pursue its charter under Section 8 of the Act.

COMMENCMENT OF THE POLICY

The LOP commences on XXXX 2006

The LOP was adopted by Council on XXXX 2006 (Minute No. XXXXX).

Adoption of the Policy was publicly notified in the Batemans Bay Post, the Moruya
Examiner and the Narooma News on XXXX 2006.

AMENDMENT OF THE POLICY

The LOP 2006 incorporates the amendments listed in the table to this clause.

Amendment          Date Adopted      Minute No.         Date              Notified
No.                                                     Commenced         Publicly
Nil
                                                                                          3
The LOP will be automatically revoked at the expiration of 12 months after the
declaration of the poll for the next general Local Government election, unless the
Council revokes it sooner.

Note: Automatic revocation of the Policy is provided for by section 165(4) of the
Act. The next general Local Government election is expected to be held in
September 2008.

APPLICATION

The LOP applies to:

1.   All land within the Eurobodalla Shire;
2.   All land taken to be included in the Council area under Section 205 of the Act;
3.   All premises and all areas associated with those premises;
4.   Any vehicle used for the manufacture, preparation, storage, sale, transportation or
     other handling or use of food.

PROCEDURES FOR THE ISSUING OF ORDERS

Council Officers will ensure that the procedures for the issuing of Orders set out in
Chapter 7, Part 2, Division 2 of the Act and Clause 99 of the Regulation are adhered to.

CRITERIA FOR CONSIDERATION

The types of orders that Council may serve, the circumstances under which they may be
given and the criteria that must be considered, if any, are listed in the Orders Schedule to
this Policy. In areas where it is considered that the circumstances for the particular order
are self-explanatory no additional criteria has been provided.

NOTE: The giving of an order is not mandatory and is at the discretion of the
Council Authorised Investigating Officer whether or not the circumstances meet the
applicable criteria for that order. The criteria shall only apply to a person if Council
serves an Order under Section 124 of the Local Government Act, to that effect on
that person.




                                                                                               4
ORDERS SCHEDULE

SECTION 124 AND 125 ORDERS

The following Orders under Sections 124 and 125 of the Local Government Act are
set out to indicate:

1. To do what? (The action required to be taken).
2. In what circumstances? (restricts the particular circumstances in which an
   Order may be given).
3. To whom? (the person the Order must be given to).
4. The Criteria or matters that will be considered.
5. The Criteria or matters that will not be considered.

ORDER No. 5(a), (b), (c), (d), (e) and (f)

To do What?

To take such action as is necessary to bring into compliance with relevant standards,
or requirements set or made or under this Act:

1.   A camping ground, caravan park or manufactured home estate.
2.   A moveable dwelling or manufactured home.
3.   A building or a temporary structure used as a place of public entertainment.
4.   A place of shared accommodation.
5.   A hairdressers shop or beauty salon.
6.   A Mortuary.

In What Circumstances?

Failure to comply with relevant standards or requirements set or made by or under this
Act or under the Local Government Act 1919.

To Whom?

Owner, occupier or manager.

Criteria and /or Matters to be Considered:

Compliance or Non-compliance with :

(a) Local Government (Manufactured Home Estates, Caravan Parks,
    Camping Grounds and Moveable Dwellings) Regulation 2005
(b) Local Government (Manufactured Home Estates, Caravan Parks,
    Camping Grounds and Moveable Dwellings) Regulation 2005.
(c) Clause 11 - “Adoption of Building Code of Australia” AND Schedule
                                                                                         5
    1, Part 1 – “Management and Use of Places of Public Entertainment”, Local
    Government (General) Regulation 2005.
(d) Schedule 2, Part 1-“Standards for Place of Shared Accommodation” –
(e) Schedule 2, Part 2-“Standards for Hairdresser Shops” and Part 3 – “Standards
    for Beauty Salons”.
(f) Schedule 2, Part 4 “Standard for Mortuaries”.


ORDER No.7

To Do What?

To fence land.

In What Circumstances?

1.     Generally

       When premises present a significant public health or safety risk they will need to
       be fenced to protect people by preventing them from entering the property.

2.     Building Issues

       The condition, location or use of the land poses a threat to the health, safety
       or convenience of the public. Examples include but are not limited to:

       •   Burnt-out premises
       •   Dangerous circumstances such as broken glass, broken asbestos, excavations,
           contaminated sites
       •   Unoccupied and derelict premises
       •   Construction sites

3.     To Secure Livestock

       Where livestock have escaped from premises, Council may require that the land
       be fenced. Where there are alternatives for the securing of livestock, Council will
       require the works to be completed within a period of one to three months.

Council may serve an emergency Order in these situations. Works will be required to be
completed within 1 to 7 days depending on the severity of the situation. In some
circumstances works will be required to be completed within one to three months.

To Whom?

1.     The Owner or occupier of land.
2.     Owner of the livestock.


                                                                                             6
Criteria and /or Matters to be Considered:

1.     The condition, location or use of the land poses a threat to the health, safety and
       convenience of the public.

ORDER No. 8

To Do What?

To identify premises with such numbers or other identification in such a manner
as is specified in the Order.

In What Circumstances?

Premises have a frontage to or entrance from a road and there are no markings that
can readily be seen and understood from the road.

To Whom?

Owner or occupier of land

Criteria and /or Matters to be Considered:

1. Whether there is unauthorised use of or duplication of numbers, numbers not in
   accordance with the street patterns, confusion in identification of premises and the
   owner/occupier had not complied with Council’s request for rectification.

ORDER No. 9

To Do What?

To fence, empty, fill in or cover up a hole or waterhole in a manner specified in the
Order.

In What Circumstances?

Hole or waterhole is or may become dangerous to life.

To Whom?

Owner or occupier of land

Criteria and /or Matters to be Considered:

1. Whether the hole or waterhole is directly accessible from a public place or another
   private property and/or
2. Whether the hole or waterhole is adequately covered or fenced to prevent direct
                                                                                             7
   access to it from a public place or any other private property and,
3. Whether the nature, location and depth of the hole or waterhole is dangerous to life.

Criteria and/or Matters that will not be considered:

1. Any hole or water hole that falls under the definition of a swimming pool
   as defined in the Swimming Pools Act 1992.

2. Any hole or waterhole or dam located on Rural land

ORDER No. 10

To Do What?

To remove or stack articles or matter, to cover articles or matter, to erect fences or
screens or to plant trees.

In What Circumstances?

1. Land is in the immediate vicinity of a public place and is used for the storage of
   articles or matter so as to create or be likely to create unsightly conditions.

2. Where premises have become untidy due to the storage of articles and these articles
   are visible from the street, Council will require that they be removed or suitable
   screens or fences be erected within a period of one to three months. These articles
   may include any of the following but is not limited to:

   •   Materials stored in boxes, drums and crates
   •   Building materials
   •   Furniture
   •   Machinery
   •   Motor vehicle parts and motor vehicle bodies
   •   Unregistered and derelict caravans, boats, box trailers, trucks or buses.
   •   Clothing
   •   Rubbish and/or recyclable materials

To Whom?

Owner or occupier of land

Criteria and /or Matters to be Considered:

1. Definition of “Land in the immediate vicinity of a public place” is any land
   that immediately adjoins a public place or is visible from a public place.

2. Whether the article(s) are visible from a public place.
                                                                                           8
ORDER No. 11

To Do What?

To do or to refrain from doing such things as are specified in the order to prevent
environmental damage, to repair environmental damage or to prevent further
environmental damage.

In What Circumstances?

Work carried out on land has caused or is likely to cause environmental damage,
being damage to the physical environment that is caused by:

(a)    drainage; or
(b)    drainage works; or
(c)    obstructing a natural watercourse other than by work constructed or used
       under a license granted under Part 2 of the Water Act 1912, Not being
       environmental damage arising from premises, works or equipment the subject of
       an approval or licence issued under the Protection Of the Environment Operations
       Act 1997 or the subject of a notice or direction issued by the regulatory authority
       under that Act.

To Whom?

1.     Owner or occupier of land
2.     The person who has carried out the works

Criteria and /or Matters to be Considered:

Physical environmental damage must be as a result of the flow of water over any land,
discharged from the following sources:

1.     Drainage, being a drain or system of drains, whether artificial or natural, which
       are designed for the carrying of water other than sewerage and which includes a
       natural water course or
2.     Drainage works, being any part of the on-site process involved in the construction
       of a drain or drainage system and which includes, but not limited to site
       excavation, materials, compiling and any associated buildings works or
3.     Obstruction of a natural water course, being the carrying out of building works or
       the deposition of any material in such a position as to block or restrict the flow of
       water within or to redirect the flow of water away from a natural water course.




                                                                                           9
ORDER No.12

To Do What?

To do such things as are necessary to control the flow of surface water across land.

In What Circumstances?

1. Other land or a building on the land or other land is being damaged or is likely to be
   damaged.

2. Where guttering and downpiping on a building are failing or not adequately
   connected to a stormwater system and the discharge is increasing the flow of surface
   waters over the land, Council will require works to be completed within one to three
   months. Failure of the system includes:

   (a)   rusting of gutters or downpipes
   (b)   the removal of gutters or downpipes,
   (c)   the discharge of downpipes at the ground surface
   (d)   the discharge of drainage lines onto adjoining properties
   (e)   the blockage of gutters, downpipes or drainage lines
   (f)   Emptying or backwashing swimming pools.
   (g)   Surface water that has been purposely redirected away from its natural direction
         of flow towards other land.

To Whom?

Owner or occupier of land

Definition:

“Surface Water” means all water which runs across the surface of the land and which
may originate from any source including non-polluted water, water from defective
guttering, downpipes or drainage, roof water, water from paved areas, discharges or
overflows from swimming pools and water from blocked stormwater drains or pipes
but shall not include seepage or water percolating to the surface arising from
excavation within the land that is suffering damage or likely to suffer damage.

Criteria and /or Matters to be Considered:

1. Whether erosion of land is occurring from the flow of surface water.
2. Whether physical damage to a building is or has occurred or there is sufficient
   evidence to suggest that it is likely to occur.
3. Whether surface water flows across the land boundary onto other land.




                                                                                            10
Criteria and/or Matters that will not be considered:

1. Stormwater runoff which is NOT redirected in any manner (i.e. natural surface flow)
   and follows existing natural land contours.
2. Surface water runoff occurring in periods of exceptional heavy rain.
3. Surface water flowing down existing approved hard surface areas such as driveways,
   tennis courts, concrete slab or paved areas.
4. Discharges from defective or blocked private stormwater easements.
5. Overflows from absorption pits where contours of land and lack of access prevent
   direct connection of a building’s stormwater drainage system to Council’s
   Stormwater Drainage System.
6. Runoff from any building or development work that is the subject of a Development
   Consent and has been constructed in accordance with that consent.
7. Any circumstance in which the flow of surface water across land is capable of being
   regulated by the Environmental Protection Authority constitutes a circumstance
   where an order No 12 cannot be made.


ORDER No.15

To Do What?

Not to conduct, or to cease conducting, an activity on premises (whether or not the
activity is approved under this Act).

In What Circumstances?

The activity constitutes or is likely to constitute:

(a)      a life threatening hazard; or
(b)      a threat to public health or public safety
         and is not regulated or controlled under any other Act by a public authority.

To Whom?

Any persons apparently engaged in promoting, conducting or carrying out the
activity.

Criteria and /or Matters to be Considered:

1. Whether the activity being carried out is causing or is likely to cause a life threatening
   hazard or a threat to public health or public safety to any person whether on private or
   public land. Situations where this Order may apply include but are not limited to:

      (a) Use of a defective on-site sewage management system on premises after the date
          specified (in an Order No 24 served on the owner or occupier of the premises)
          being the date by which the premises were required to be connected with a
          sewerage system.
                                                                                          11
   (b) Construction work on an on-site sewage management system on premises after
       the date specified (in an Order No 24 served on the owner or occupier of the
       premises) being the date by which the premises were required to be connected
       with a sewerage system

Criteria and/or Matters that will not be considered:

1. Any activity that is covered by any other Act or Regulation.
2. Any activity that is controlled by another Authority


ORDER No.16

To Do What?

To cease the use of premises or to evacuate premises.

In What Circumstances?

A person to whom Order No. 15 is given has failed to comply with the Order.

To Whom?

The person to whom Order No. 15 is given.

Criteria and /or Matters to be Considered:

1. The reason the person has failed to comply with the Order.


ORDER No.17

To Do What?

To leave premises or not to enter premises.

In What Circumstances?

A person to whom Order No. 15 is given has failed to comply with the Order.

To Whom?

Any person

Criteria and /or Matters to be Considered:

1. The reason the person has failed to comply with the Order.


                                                                                      12
ORDER No.18

To Do What?

Not to keep birds or animals on premises, other than of such kinds, in such numbers
or in such manner as specified in the order.

In What Circumstances?

Birds or animals kept on the premises are:

1. In the case of any premises (whether or not in a catchment district) of an
   inappropriate kind or number or are kept inappropriately

To Whom?

Occupier of Premises.


NOTE : There are no restrictions on the number of birds and animals that can be kept on
premises in the Eurobodalla Shire in normal circumstances. The standards below apply
only where a legitimate problem has been identified relating to the numbers and/or types
of birds or animals kept upon particular premises which is having a detrimental impact on
the health, amenity and safety of others and where an order under the provisions of
Section 124 of the Local Government Act is required to rectify the problem.

Where it is considered by the investigating officer that the type or number of the bird(s)
or animal(s) is inappropriate for the premises due to the impact occurring, restrictions on
numbers and/or types kept as prescribed in the Orders Schedule may be applied. The
numbers specified for particular species in the standard are based on what is considered a
manageable and generally acceptable number. These numbers may however, be varied
by the investigating officer depending on the circumstances.

(See Schedule 5 “Standards for Keeping Birds and Animals” Local Government
(General) Regulation 2005.

Criteria and /or Matters to be Considered:

General Criteria

1.   Criteria and/or matters to be considered prior to issuing an order may include but is
     not limited to:

     (a) Offensive noise at inappropriate times
     (b) Odour problems due to proximity to enclosures or poor cleaning
     (c) Vermin infestation through poor cleaning
                                                                                         13
   (d) Physical safety
   (e) Proximity to habitable buildings
   (f) Stagnant water/s
   (g) Improper management and removal of wastes associated with the keeping of the
       animals
   (h) Potential for a negative impact on the health and the amenity of others
   (i) Whether Development Consent is required under the Environmental Planning and
       Assessment Act 1979

Specific Animal Criteria

1. Poultry, Domestic and Guinea Fowl

   (a) Fowl

         i.     Roosters are not permitted to be kept where crowing may cause offensive
                noise;
         ii.    The maximum number of fowl shall be limited to ten (10) per premise.
         iii.   Must not be kept within 4.5 metres of a dwelling, public hall, school or
                premises used for the manufacture, preparation, sale or storage of food.

    (b) Poultry other than fowls including ducks, geese and turkeys:

         i.     must not be kept within 30 metres of a dwelling, public hall, school or
                premises used for the manufacture, preparation, sale or storage of food.
         ii.    The maximum number of poultry other than fowls shall be limited to 5 per
                premise.

         General Requirements for Poultry:

         (a) The floors of poultry houses must be paved with concrete or mineral asphalt
             underneath the roosts or perches. Poultry houses more than 15.2 metres from a
             dwelling, public hall, schools or premises used for the manufacture,
             preparation, sale or storage of food and located on clean sand need not comply
             with this requirement.
         (b) Poultry must not be kept under such conditions as to create a nuisance or to be
             dangerous or injurious to health.
         (c) Poultry yards must at all times be kept clean and free from offensive odours.
         (d) Poultry yards must be enclosed to prevent the escape of poultry.

2. Swine, Goats, Sheep

   (a) Swine, goats or sheep must not be kept (and animal waste products must not be
       deposited) within 60 metres of a dwelling, shop, office, factory, church, or other
       place of public worship, school or public place.
   (b) The maximum number of swine, goats or sheep to be kept in urban areas shall be
       limited to one (1).


                                                                                         14
3. Birds other than Pigeons, Poultry, Long Billed Corellas, Sulphur Crested
   Cockatoos and Domestic and Guinea Fowls.

   (a) Aviaries must not be located within 4.5 metres of a dwelling, public hall, school,
       or premises used for the manufacture, preparation, sale or storage of food.
   (b) Aviaries must not be kept under such conditions as to create a nuisance or to be
       dangerous or injurious to health.
   (c) Aviaries must at all times be kept clean and free from offensive odours.
   (d) The maximum number of birds allowed to be kept in urban areas shall be as
       appropriate for the species, enclosure size, proximity to neighbours etc.

4. Pigeons – General Requirements

   (a) Pigeons must not be kept within 15 metres from a dwelling, public halls, schools
       or premises used for the manufacture, preparation, sale or storage of food.
   (b) Nuisance due to noise and also free flight of pigeons is to be minimised. Lofts
       must be constructed to Council approval on hard paving of a smooth surface, or
       with a suspended floor elevated 0.8 metres above the ground.
   (c) Lofts are to be kept clean at all times. Manure is to be cleaned up daily and
       disposed of correctly. To minimise odours owners must design and manage lofts
       to prevent manure becoming wet due to rain or cleaning.
   (d) Pigeons must be fed within lofts after exercise. All feed must be kept in vermin
       proof containers.
   (e) Racing pigeon’s lofts should have adequate visible landing platforms.
   (f) Exercising of birds should not occur between 8.00 am and 3.30 pm.
   (g) Birds shall not be allowed to roost on neighbouring buildings. “Open” lofts are
       not permitted.

5. Horses

   (a) Only One (1) horse may be kept on any premises on urban land.
   (b) Horses must be kept no closer than 9 metres from a dwelling, school, shop, office,
       factory, workshop, church or other place of public worship, public hall or
       premises used for the manufacture, preparation or storage of food.
   (c) The floors of any stables must be paved with concrete or mineral asphalt or
       equally impervious material and must be properly graded to drain.
   (d) Horse yards must be enclosed to prevent the escape of horses.
   (e) Horse yards must not be kept under such condition as to create a nuisance or to be
       dangerous or injurious to health.
   (f) Horse yards must at all times be kept clean and free from offensive odours.

6. Dogs

   (a) The maximum number of dogs shall be limited to two (2) adults and one (1) litter
       of pups up to six (6) months old per premise in urban areas.
   (b) The maximum number of dogs other than greyhounds shall be limited to four (4)
       adults and one (1) litter of pups up to six (6) months old per premise in rural
                                                                                      15
         areas.
   (c)   The maximum number of greyhounds shall be limited to four (4) adults and one
         (1) litter of pups up to thirteen (13) months old in rural areas.
   (d)   A premises used for the keeping of a dog or dogs must not be kept under such
         conditions so as to create a nuisance or to be dangerous or injurious to health.
   (e)   A premises used for the keeping of a dog or dogs must at all times be kept clean
         and free from offensive odours.
   (f)   A premises used for the keeping of a dog should be appropriately fenced to secure
         the dog/s within the premises in accordance with the requirements of the
         Companion Animal Act 1998
.
7. Cats

   (a) The maximum number of cats shall be limited to two (2) per premise.
   (b) A premises used for the keeping of a cat or cats must not be kept under such
       conditions so as to create a nuisance or to be dangerous or injurious to health.
   (c) A premises used for the keeping of a cat or cats must at all times be kept clean
       and free from offensive odours.

8. Rabbits

   (a) The maximum number of rabbits shall be limited to one (1) per premise.
   (b) A premises used for the keeping of a rabbit must not be kept under such
       conditions as to create a nuisance or to be dangerous or injurious to health.
   (c) A premises used for the keeping of a rabbit must at all times be kept clean and
       free from offensive odours.

9. Bees

   (a) The maximum number of hives shall be limited to zero (0) per premise in urban
       areas.
   (b) An adequate supply of water is to be provided within the premises where the bees
       are kept.
   (c) Hives are to be located so that flight paths do not interfere with surrounding
       residents.
   (d) All hives must be registered with the Department of Agriculture.
   (e) Bee hives must not be kept under such conditions as to create a nuisance or to be
       dangerous or injurious to health.

10. Ferrets

   (a) The maximum number of ferrets shall be limited to two (2) per premise.
   (b) Ferrets must not be kept within 4.5 metres of a dwelling, public hall, school or
       premises used for the manufacture, preparation, sale or storage of food.
   (c) A premises used for the keeping of a ferret must at all times be kept clean and free
       from offensive odours.



                                                                                          16
10. Miscellaneous

     (a) The maximum number of bird(s) or animal(s) permitted to be kept, where the type
         of bird or animal, or the maximum number has not been specifically noted above,
         is at the discretion of the investigating Officer, taking into consideration the
         number and type of bird(s) or animal(s) being kept, the conditions under which
         they are kept and the impact they are causing.
     (b) Such animals would be required to be kept under such conditions as to prevent the
         creation of a nuisance or not to be dangerous or injurious to health.
     (c) The area proposed for the keeping of such animals must at all times be kept clean
         and free from offensive odours.
     (d) Where the keeping of birds or animals on premise is capable of being regulated by
         the Department of Environment and Conservation, Council is excluded from
         making an Order No. 18

Criteria and/or Matters that will not be considered:

     (a)   Damage caused by wild or native birds or animals;
     (b)   The trapping of any wild or native birds or animals;
     (c)   The control of or treatment of termites on private or public land;
     (d)   The control of or treatment of rabbits, foxes or other feral pests on private or
           public land.

ORDER No. 19

To Do What?

To use or not to use a tennis court as specified.

In What Circumstances?

Actual or likely annoyance or threat to the safety of neighbours or users of a public
place.

To Whom?

Occupier of land

Criteria and /or Matters to be Considered:

1.   Tennis courts are not to be used after sundown unless otherwise approved by
     Development Consent.
2.   Tennis courts on private property shall not be used for commercial purposes without
     Development Consent being issued, i.e. for hire to non-residents of the property.

ORDER No. 20
                                                                                              17
To Do What?

To do such things as are specified in the Order to put premises, vehicles or articles
used for the manufacture, preparation, storage, sale, transportation or other handling
or use of or in relation to food into a clean or sanitary condition.

In What Circumstances?

The premises, vehicle or article, is not in a clean or sanitary condition.

To Whom?

Owner or occupier of premises or owner or operator of vehicle or article.

Criteria and /or Matters to be Considered:

1.   Whether the premises including any fixtures, fittings, utensils and equipment has
     been adequately cleaned and whether there is an accumulation of dirt, dust, grease,
     oil, food matter or any other matter that could contaminate or likely contaminate any
     food stuffs present on the premises.
2.   Whether the food handling procedures and hygiene standards of operators create
     such unsanitary conditions that they will cause contamination or are likely to cause
     contamination of any food stuffs present on the premises.
3.   Whether there is “non compliance with the following standards that cause the
     premises to be in an unclean or unsanitary condition as described above:

     (i) Food Standards Code.
     (ii) AS 1668, Part 2.


ORDER No. 21

To Do What?

To do or refrain from doing such things as are specified in the Order to ensure that land
is, or premises are, placed or kept in a safe or healthy condition.

In What Circumstances?

The land or premises are not in a safe or healthy condition.

To Whom?

Owner or occupier of land or premises.



                                                                                            18
Criteria and /or Matters to be Considered:

Land or premises would be considered not to be in a safe and or healthy condition if
the safety or the health of the owner or occupier of the land or premises, or the
community, is detrimentally affected or creates or is likely to create a health and/or
safety risk to any person. Action that can be required includes, but is not limited to,
the following:

1.     The abatement of dampness in walls and ceilings in any property;
2.     The repair of leaky roofs and renewal or repair of defective guttering and down
       piping
3.     Provision of adequate wholesome water supply;
4.     The renewal of broken window glass and sash cords to render windows capable of
       being opened top and bottom;
5.     The removal of defective floor timbers and stair treads and replacement with
       sound material;
6.     The renewal or repair of waste pipes; and sanitary fittings and flush pipe to water
       closet pans;
7.     Renewal or repair of defective sewerage service pipes;
8.      Clearing of choked sewerage service pipes;
9.      Works to ensure that on-site sewage management systems comply with current
       guidelines and standards;
10.    The removal of the following accumulations which are likely to afford harbourage
       for vermin or otherwise pose a threat to health and safety to any person:
       (i)    disused and/or second hand building materials or household fixtures and
              fittings;
       (ii) dilapidated and/or abandoned motor vehicle or ancillary parts and
              accessories or machinery;
       (iii) dilapidated and/or abandoned boats, watercraft, trailers or caravans;
       (iv) disused and/or second hand containers, bottles, scrap metal, waste paper,
              rags, rubbish or other scrap materials; and
       (v) tree trunks, tree stumps, organic material, vegetation or firewood;
11.    Provision of suitable facilities for toilet, kitchen sink, bathing and for washing of
       clothes, including provision of hot and cold water.
12.    Provision of suitable cooking facilities;
13.    The control of animal enclosures in so far as their operational aspects in relation
       to environmental health is concerned.
14.     The treatment of an untreated swimming pools or excavation where the condition
       of the water within is or is likely to be breeding mosquitoes.
15.    The boarding up or fencing off of a dilapidated building to prevent unauthorised
       access where there is a safety issue from injury or fire.
16.    Cleaning of garbage containers.
17.    Disconnection of an electric fence from its energiser or otherwise render it
       inoperable.




                                                                                          19
Criteria and/or Matters that will not be considered:

1.     Where the condition of land or premises in respect of health or safety is capable
       of being regulated by the Department of Environment and Conservation, Council
       is excluded from making an Order No. 21.


ORDER No. 22

To Do What?

To store, treat, process, collect, remove, dispose of or destroy waste which is on land
or premises in the manner specified in the order provided that it is not inconsistent with
the regulations made under the Protection Of the Environment Operations Act 1997

In What Circumstances?

Waste is present or generated on the land or premises and is not dealt with satisfactorily
and is not regulated or controlled by, or subject to, a licence issued under the Protection
of the Environment Operations Act 1997.

To Whom?

Owner or occupier of land or premises, owner of or person responsible for the waste or
for any receptacle or container in which the waste is contained.

Criteria and /or Matters to be Considered:

1.     Waste is not being placed on the roadway for collection by Council in the
       approved impervious receptacles with close-fitting lids that are provided by
       Council.
2.     Whether waste present on land or premises is being properly stored, collected or
       removed satisfactorily from those premises.
3.     Whether on-site sewage management systems are defective or non-approved.


ORDER No. 24

To Do What?

To connect premises with a sewerage system by a specified date.

In What Circumstances?

The premises are situated within 75 metres of a sewer of the Council.




                                                                                              20
To Whom?

Owner or occupier of premises.

Criteria and /or Matters to be Considered:

Access to Sewer
1.     The distance from the premises to the connection point of the sewer must be not
       further than 75 metres and:

        (i)     be located within the subject premises, or
        (ii)    have legal access using an easement for sewerage services over any
                adjoining premises to the sewer connection point, or
        (iii)   has access to the sewer located within an adjoining Council road reserve
                and:
        (iv)    connection to the sewer can only be made to an approved junction point.

2.     The existing sewage management facility is so defective to be a threat to public
       health and/or is or likely to have a detrimental impact on the environment.

ORDER No. 25

To Do What?

Not to use or permit the use of a human waste storage facility on premises after a
specified date.

In What Circumstances?

It is necessary for the purpose of protecting public health.

To Whom?

Owner or occupier of premises

Criteria and /or Matters to be Considered:

1.     The human waste storage facility is so defective or poorly designed so as to
       permit human waste to discharge or overflow from the storage facility onto the
       adjacent ground or floor area and in such a manner to be a danger to the health of
       the public.

Criteria and/or Matters that will not be considered:

1.     Where the use of human waste storage facilities is capable of being regulated by
       the Environment Protection Authority, Council is excluded from making an Order
       No. 25.

                                                                                           21
ORDER No. 27

To Do What?

To remove an object or matter from a public place or prevent any object or matter
being deposited there.

In What Circumstances?

The object or matter is:

(a)    causing or is likely to cause an obstruction or encroachment of or/on the public
       place and the obstruction or encroachment is not authorised by or under any Act.
(b)    causing or is likely to cause danger, annoyance, or inconvenience to the public.

To Whom?

Person causing the obstruction or encroachment or owner or occupier of land from which
the object or matter is likely to emanate.

Criteria and /or Matters to be Considered:

1.     Whether it is appropriate to serve an emergency order in the circumstances

Criteria and/or Matters that will not be considered:

1.     This criteria does not include the placing of articles on a public place during a
       designated period of a Council clean up provided these articles do not breach
       conditions (a) and (b) above.


ORDER No. 28

To Do What?

To take whatever steps are necessary to prevent damage to a public place and repair
damage to a public place.

In What Circumstances?

There is actual or likely damage:

(a)    By excavation or removal of material from or adjacent to the public place; or
(b)    By a work or structure; or
(c)    By surface drainage or irrigation spray.



                                                                                           22
To Whom?

(a)     Person responsible for the excavation or the removal of the material.
(b)     Owner or person entitled to the benefit of the work or structure.
(c)     Owner or occupier of land from which the surface drainage flows or from
        which spray emanates.
(d)     The person who carried out the works

Criteria and /or Matters to be Considered:

(a)     Whether the works have been approved by Council.
(b)     Whether the work is in accordance with any approval granted by Council.

ORDER No. 29

To Do What?

To alter or repair a work or structure on, over or under a public place.

In What Circumstances?

It is in the public interest to do so.

To Whom?

Owner of the work or structure.

Criteria and /or Matters to be Considered:

1.      Whether the structures on, over, or under the public place are in accordance with
        approvals or are considered unsafe or dangerous.
2.      Whether repairs are required to private services within a public place such as, but
        not limited to, sewer services and roof water / storm water pipes not covered by
        lease agreements.
3.      Whether driveway crossings are being maintained in a safe condition.
4.      Whether shop awnings are being maintained in a safe or sightly condition.
5.      Whether underground pipes within a public place need maintenance.


ORDER No.30

To Do What?

To comply with an approval.

In What Circumstances?

The approval is not being complied with.
                                                                                          23
To Whom?

Person entitled to act on the approval or person acting otherwise than in compliance
with the approval.

Criteria and /or Matters to be Considered:

(a)    Whether an approval granted by Council has been complied with.
(b)    Whether conditions of an approval granted by Council have been complied with.

ORDER UNDER SECTION 125 OF THE LOCAL GOVERNMENT
ACT, 1993

To Do What?

To abate a public nuisance or order a person responsible for a public nuisance to abate
it.

In What Circumstances?

Where a nuisance consists of interference with the enjoyment of public rights. A
nuisance is “public” if it materially affects the reasonable comfort and convenience of
a sufficient class of people to constitute the public or a section of the public.

To Whom?

The person(s) responsible for causing a public nuisance.

Criteria and /or Matters to be Considered:

1.     Whether the impact of the nuisance affects the general public.

Example 1 - Lighting from a private premises impacting upon motor vehicle drivers
on a public road.
Example 2 – Any wrongful or negligent act or omission in a public road that
interferes with the full, safe and convenient use by the public of their right of passage
is a public nuisance.




                                                                                            24
ENVIRONMENT REPORT TO ORDINARY MEETING OF COUNCIL
HELD ON TUESDAY 19 DECEMBER 2006                                                       Page 10


E06/7       BATEMANS BAY SPORTING SHOOTERS ASSOCIATION
            OF AUSTRALIA                                                             93.5133.D


SYNOPSIS
Gives a brief history of the Batemans Bay Sporting Shooters Association of Australia
(BBSSAA) and makes recommendations with regard to operation of the range and ongoing
complaints.
BACKGROUND

The BBSSAA is located on land north of Runnyford Rd and west of the Princes Hwy between
Mogo and Batemans Bay. The land is in two parcels, one owned by Council and the other by
NSW State Forests.

The existing rifle range was approved by Council in 1993 and is in compliance with all
conditions of consent. Subsequent Development Applications were approved in:

i.      1994 Covered firing line and toilet block
ii.     1995 Clubhouse
iii.    1996 Alteration to clubhouse design

Council granted a 20-year lease over a portion of the land owned by it in 1994. The lease
expires on 30 May 2014.

The NSW Police issued an approval for the operation of the range on 19 July 1994. They are
the authority responsible for safety at the rifle range. The approval allowed for the use of the
following types of firearms:

(a)     Centrefire up to 12mm
(b)     Blackpowder up to 0.75 inch
(c)     Shotgun up to No. 6 shot
(d)     Rimfire up to 0.22
(e)     Air rifle up to 0.177.

NSW State Forests issued an Occupation Permit on 1 July 2000 that expires on
31 December 2009.

The NSW Environment Protection Authority (EPA) issued a Pollution Control Approval for
the operation of the Range on 24 March 1995. The range was an existing range at the time
the EPA granted the approval. Under the EPA Noise Control Guidelines for Target Shooting
Ranges an existing range such as the BBSSAA could operate seven days and one night where
noise levels are under 85 dB (linear) Peak Hold.

Due to concerns raised by nearby residents the EPA negotiated for operation on five days and
one night only, instead of the allowed seven days and one night. The maximum allowable
noise limit for the range remains at 85 dB (Lin) Peak Hold.
ENVIRONMENT REPORT TO ORDINARY MEETING
OF COUNCIL HELD ON TUESDAY 19 DECEMBER 2006                                            Page 11


E06/7       BATEMANS BAY SPORTING SHOOTERS ASSOCIATION
            OF AUSTRALIA                                                             93.5133.D

The EPA handed control of the range to Council when the Protection of the Environment
Operations Act 1997 came into force in 1999.

ISSUES

General Complaints

Since 1995 staff have spent an inordinate amount of time investigating the complaints raised
by nearby residents regarding the operation of the range. Complaints relating to noise
emissions from the rifle range have been reasonably constant and have often dealt with issues
the subject of previous complaint and investigation. The complainants have generally not
been satisfied because they have disagreed with the action taken by Council and the results of
investigation. Additionally, they have continued to place unreasonable demands on Council
that has diverted resources away from other functions and also created an inequitable
allocation of resources. In the main, complaints have related to:

1.      Noise
2.      Existing versus future classification
3.      Special Events
4.      Safety
5.      Water Pollution
6.      Consents.

Each of the above points are addressed in order below:

1.      Three acoustic tests have been conducted to determine whether the range complies
        with the EPA guidelines for target shooting ranges. In 1995 Cooper’s recorded
        highest reading was 75dB (Linear) Peak Hold. In 1997 Jamieson’s recorded highest
        reading was 70dB (Linear) Peak Hold. In 2001 Koikas’ recorded highest reading was
        80dB (Linear) Peak Hold (wind affected). The sound emission limit for the range is
        85dB (Linear) Peak Hold and all tests therefore confirm that the range operation is
        within the guidelines.
2.      At the time the EPA issued a Pollution Control Approval in 1995 the range already
        existed.
3.      Special events are catered for in the EPA guidelines in recognition that it is sometimes
        appropriate to have earlier start times and later finish times depending on the number
        of competitors. The BBSSAA have agreed that they will only hold three special
        events per year and that they will inform Council two months in advance of proposed
        special events.
4.      The NSW Police Force is responsible for ensuring the BBSSAA complies with safety
        requirements and have advised Council that the range is safe for use on a number of
        occasions.
ENVIRONMENT REPORT TO ORDINARY MEETING
OF COUNCIL HELD ON TUESDAY 19 DECEMBER 2006                                           Page 12


E06/7       BATEMANS BAY SPORTING SHOOTERS ASSOCIATION
            OF AUSTRALIA                                                            93.5133.D


5.      The EPA conducted water sampling to assess impacts of the range in 1995. Statistical
        analysis of the results showed that levels of both lead and copper were not
        significantly different upstream or downstream of the site. Led was not detected at all
        downstream. Council staff have also collected samples at various times in 2001, 2002
        and 2003. Results indicated that levels of lead are higher upstream of the site than
        downstream and all results were within ANZECC 2000 guideline values for aquatic
        ecosystems.
6.      The BBSSAA operates under valid consents issued by Council.

Specific Recent Complaints

Staff responded to a letter from the complainants on 26 September 2006 advising of previous
Council resolutions and current staff position in relation to the BBSSAA and seeking
comment on what the complainants regarded to be the achievable satisfactory outcomes for all
parties with regard to the operation of the range. The complainants were advised that upon
receipt of their reply a report would be prepared for Council’s consideration. The
complainant’s response is summarised below:

1.      The range operates without a statutory limit on its sound emissions.
2.      The BBSSAA have never had to prove its claim for existing classification.
3.      Have the BBSSAA complied with the Council request to monitor, report and keep a
        register of events?
4.      The three acoustic reports do not show compliance as they refer to a seven-day and
        one night existing range. The BBSSAA has never been approved for such an
        operation.
5.      The only approval is for a five day one night operation, which applies to a future
        classification. The 70dB (linear) Peak Hold standard is therefore applicable and not
        being met.
6.      The BBSSAA does not comply with DA 360/93 condition (b) which states that “the
        development shall not interfere with the amenity of the locality by way of emission of
        noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste products,
        waste water, grit oil or otherwise.”
7.      Council has previously requested that the BBSSAA, in good faith, continue to pursue
        measures to reduce the noise impact on nearby residents by reducing the noise
        emissions from the range to 70dB (Linear) Peak Hold. Has this been followed up?
8.      The right to the quiet and peaceful enjoyment of our properties is being denied us.
9.      The EPA should have required the BBSSAA to prove their claim of existing
        classification. The EPA should have applied the guideline condition that alteration to
        existing ranges should incorporate a movement towards future range figures (70dB
        (Linear) Peak Hold) wherever possible. We appreciate that it may now be difficult for
        Council as the new ARA to pursue these outcomes via the guidelines, now not
        enforceable. Justice has not been delivered.
ENVIRONMENT REPORT TO ORDINARY MEETING
OF COUNCIL HELD ON TUESDAY 19 DECEMBER 2006                                          Page 13


E06/7       BATEMANS BAY SPORTING SHOOTERS ASSOCIATION
            OF AUSTRALIA                                                           93.5133.D


10.     We propose that the following be seriously considered as a viable solution if goodwill
        exists:
        (a) Retain a suitably qualified acoustic engineer to commence initial assessment,
              design and costing work on a noise emission control construction for the firing
              line of the Range, and that this be submitted to Council for consideration for
              funding and matching funding be sought from the parent body of the BBSSAA,
              State or Federal Governments.

Each of the complainant’s above points are addressed in order below:

1.      The limit on sound emissions is 85dB (linear) Peak Hold as per the NSW EPA
        Guidelines for Target Shooting Ranges.
2.      The Range existed prior to the EPA granting a Pollution Control Approval.
3.      The BBSSAA have agreed to keep a register of events with the appropriate
        information included.
4.      Council applies the guidelines to the BBSSAA as an “existing” range. The
        development consent for the range does not impose any restrictions with regard to
        hours or days of use.
5.      The EPA granted the Pollution Control Approval in 1995 with a condition that the
        range be restricted to a maximum of five days and one inclusive night per week. The
        condition was imposed in consideration of the concerns of nearby residents. The EPA
        never restricted noise emissions to 70dB (linear) Peak Hold. 85dB (linear) Peak Hold
        remains the applicable standard.
6.      The applicable standard to determine whether noise emissions interfere with the
        amenity of the locality is the NSW EPA Guidelines for Target Shooting Ranges.
        Noise emissions from the range have been proven to meet the standard of 85dB
        (linear) Peak Hold on three occasions.
7.      The BBSSAA have informed Council that their position is that the range operates
        within the guidelines and the applicable limit is 85dB (linear) Peak Hold.
8.      As with many developments it is acknowledged that there is a noise impact on nearby
        residents. The guidelines exist to ameliorate the impact of rifle range operations on
        residents and at present they remain the best available source of guidance to Council.
9.      At the time of the EPA granting the BBSSAA a Pollution Control Approval the range
        was an existing one.
10.      The BBSSAA have informed Council that their position is that the range operates
        within the guidelines and the applicable limit is 85dB (linear) Peak Hold. Council has
        not budgeted to retain a suitably qualified acoustic engineer to commence initial
        assessment, design and costing work on a noise emission control construction for the
        firing line of the range. Staff opinion is that such a solution is likely to be
        unachievable and if achievable would be economically unviable. The BBSSAA have
        advised they are unwilling to participate in such a project.
ENVIRONMENT REPORT TO ORDINARY MEETING
OF COUNCIL HELD ON TUESDAY 19 DECEMBER 2006                                            Page 14


E06/7        BATEMANS BAY SPORTING SHOOTERS ASSOCIATION
             OF AUSTRALIA                                                            93.5133.D

BBSSAA Position

The BBSSAA has voluntarily produced an Environmental Management Plan (EMP) which
was forwarded to Council on 7 August 2006. The EMP clarifies the BBSSAA’s position as
follows:

1.       They comply with noise control guidelines and will continue to do so.
2.       The allowable sound emission levels are 85dB (linear) Peak Hold not 70 dB (linear)
         Peak Hold.
3.       Three acoustic reports indicate compliance with guidelines for seven days and two
         nights.
4.       They will notify Council in advance regarding special events.
5.       They will carry out periodic water sampling every five years or as agreed with
         Council.
6.       Lead recovery from clay target shooting will not be economically viable until the
         range has been in operation for thirty years.
7.       Members will periodically recover lead from catch mounds.
8.       Plastic wads from shotgun use will be periodically recovered.

Legal

Council is the ARA for the rifle range under the Protection of the Environment Operations
Act 1997 and has responsibility for ensuring the BBSSAA meet noise control guidelines.

Legal advice on a number of issues with regard to range operation is summarised below:

1.       There is no legislative basis for Council to require the BBSSAA to submit an
         application to hold a special event.
2.       Council has no power to mandate the BBSSAA to undertake an environmental audit.
3.       Council has the power to issue a prevention notice if it reasonably suspects that
         operation of the range is being carried out in an environmentally unsatisfactory
         manner.

Policy
Previous Resolutions
Summarised below are previous Council resolutions in terms of Council’s role as the ARA,
the basis of monitoring noise and environmental performance of the range, the basis of
responding to complaints and the arrangements in place to establish special events:

1.       Council apply the EPA noise guidelines relating to rifle ranges in its role as the ARA.
2.       Staff brief Council on all updated events' calenders as supplied by the BBSSAA.
3.       The BBSSAA be requested to furnish to Council and Messrs Chiswell and Mass,
         copies of its events calender, showing only three special events per year and providing
         two months lead time, and that this suffices as the notification policy. It should be
         noted that the BBSSAA have agreed to furnish Council with the calender and Council
         will forward it to you and Mr Mass.
ENVIRONMENT REPORT TO ORDINARY MEETING
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E06/7       BATEMANS BAY SPORTING SHOOTERS ASSOCIATION
            OF AUSTRALIA                                                            93.5133.D

4.      Complainants be advised that Council will not act on further noise complaints
        regarding the operation of the rifle range unless the complainants provide a detailed
        acoustic report, prepared by a suitably qualified person, in accordance with accepted
        practice for target shooting ranges, and justifying the complaint.
5.      All future questions and complaints raising issues about the range that have previously
        been dealt with should be investigated by the relevant staff and reported to the
        Manager Customer and Compliance (now the Manager Development and Natural
        Resources). Matters of non-compliance should be reported to the Environment,
        Planning and Administrative Services Committee.
6.      Council request that the BBSSAA, in good faith, work towards limiting noise impacts
        to 70dB (Linear) Peak Hold.
7.      Council request the BBSSAA, in good faith, monitor, report and keep a register of
        events including:
        (a) Meteorological conditions
        (b) Participants
        (c) Firearms and ammunition used.

Difficult Complainants

Council adopted its Difficult Complainants Policy in November 2001. The aim of the policy
is to ensure Council resources are efficiently and effectively used when dealing with difficult
complainants. Under the terms of the policy Council may be forced to take action, against a
complainant who continues to communicate with council, after reasonable attempts have been
undertaken to resolve the issue and all avenues of appeal have been exhausted.
The policy states that:

“If reasonable steps to investigate a complaint have been taken and reasonable steps to
resolve the issues have failed and all avenues of appeal have been exhausted and the
complainant continues to communicate with Council the Council may be forced to take some
of the following actions:

(a)     not accept any further phone calls from the complainant
(b)     not grant any further interviews
(c)     require all further communication to be put in writing
(d)     continue to receive, read and file correspondence but only acknowledge or otherwise
        respond to it if:
        i.    the complainant provides significant new information relating to their complaint
              or concern; or
        ii.   the complainant raises new issues, which in the General Manager’s opinion
              warrant fresh action.
(e)     write to the complainant advising them of Council’s concern and requesting that they
        limit and focus their requests and that if the complainant continues to place
        unreasonable demands on the organisation Council may:
        i.    not respond to any future correspondence and only take action where, in the
              opinion of the General Manager the correspondence raises specific, substantial
              and serious issues; or
        ii.   only respond to a certain number of requests in a given period”.
ENVIRONMENT REPORT TO ORDINARY MEETING
OF COUNCIL HELD ON TUESDAY 19 DECEMBER 2006                                             Page 16


E06/7       BATEMANS BAY SPORTING SHOOTERS ASSOCIATION
            OF AUSTRALIA                                                              93.5133.D

Environmental
Noise and water monitoring indicate the BBSSAA operate the rifle range in an
environmentally satisfactory manner.
Economic Development Employment Potential
Operation of the range contributes to the local economy, particularly during special events
when significant numbers of competitors seek accommodation in the shire.
Staff
The Staff position with regard to operation of the range and ongoing complaints is:

(a)     The BBSSAA complies with all approvals, consents and lease conditions issued by
        Council.
(b)     The maximum noise emissions are within the limits set by the EPA guidelines.
(c)     The limit on sound emissions is 85dB (linear) Peak Hold as per the NSW EPA
        Guidelines for Target Shooting Ranges.
(d)     Council would be acting outside of its powers if it required the BBSSAA to reduce
        sound level emissions to below 70dB (linear) Peak Hold.
(e)     There is a noise impact on nearby residents but it is within the guidelines.
(f)     Range safety is a matter for the police who have unequivocally stated they are
        satisfied with the operation of the BBSSAA site.
(g)     Water quality monitoring indicates that pollution is not an issue.
(h)     The range is being operated in an environmentally satisfactory manner.
(i)     The complainants latest proposal “that a suitably qualified acoustic engineer be
        retained to commence initial assessment, design and costing work on a noise emission
        control construction for the firing line of the Range…..” is not feasible considering the
        BBSSAA have stated they do not wish to participate in such a project and Council has
        not budgeted to allocate funds for such a purpose.

CONCLUSION
An excessive amount of time and resources has been spent investigating ongoing and
substantially similar complaints with regard to operation of the BBSSAA rifle range for a
number of years. Reasonable steps to investigate the complaints have been taken and
reasonable steps to resolve the issues to the satisfaction of the complainants have failed. All
avenues of appeal have been exhausted.

The range is operated in an environmentally satisfactory manner, complies with all relevant
approvals and meets the NSW EPA Noise Control Guidelines for Target Shooting Ranges.
Council cannot legally require the BBSSAA to reduce noise emission levels any further and it
is therefore doubtful the complainants will be satisfied. Council has not budgeted to allocate
funding for further acoustic reports and the BBSSAA have advised they would not participate
in any such project.
ENVIRONMENT REPORT TO ORDINARY MEETING
OF COUNCIL HELD ON TUESDAY 19 DECEMBER 2006                                          Page 17


E06/7         BATEMANS BAY SPORTING SHOOTERS ASSOCIATION
              OF AUSTRALIA                                                         93.5133.D

RECOMMENDED
THAT:

1.      The NSW EPA Noise Control Guidelines for Target Shooting Ranges be adopted.

2.      The Batemans Bay Sporting Shooters Association of Australia Rifle Range be limited
        to operating five days and one inclusive night per week in accordance with current
        practice.

3.      The Batemans Bay Sporting Shooters Association of Australia Rifle Range be given
        an existing classification under the NSW EPA Noise Control Guidelines for Target
        Shooting Ranges.

4.      85dB (linear) Peak Hold be adopted as the maximum sound emission level, from the
        Batemans Bay Sporting Shooters Association of Australia Rifle Range, at the nearest
        existing residential receiver.

5.      The Batemans Bay Sporting Shooters Association of Australia be requested to furnish
        to Council copies of its events calender, showing only three special events per year
        and providing two months lead-time, and that this suffices as the notification policy.

6.      Staff forward copies of the special events calender to Messrs Chiswell and Mass upon
        receipt.

7.      Council:

        (a)   Not accept any further phone calls from the complainants regarding matters
              associated with the operation of the Batemans Bay Sporting Shooters
              Association of Australia Rifle Range.
        (b)   Not grant any further interviews with the complainants regarding matters
              associated with the operation of the Batemans Bay Sporting Shooters
              Association of Australia Rifle Range.
        (c)   Require all further communication from the complainants regarding matters
              associated with the operation of the Batemans Bay Sporting Shooters
              Association of Australia Rifle Range to be put in writing.
        (d)   Continue to receive, read and file correspondence but only acknowledge or
              otherwise respond to it if the complainant raises new issues, which in the
              General Manager’s opinion, warrant fresh action.

8.      Recommendations 1 to 7 above take precedence of previous resolutions of Council
        with regard to the operation of the Batemans Bay Sporting Shooters Association of
        Australia.

PETER CAMPBELL
ENVIRONMENTAL HEALTH PROTECTION UNIT LEADER
DEVELOPMENT AND NATURAL RESOURCES DIVISION
ENVIRONMENT REPORT TO ORDINARY MEETING OF COUNCIL
HELD ON TUESDAY 19 DECEMBER 2006                                                         Page 18


E06/8       COMPANION ANIMAL POLICY AND CODE OF PRACTICE                                98.2552

SYNOPSIS
Details the proposed amendments to Council’s Companion Animals Management Plan (the
Plan) as suggested by the Eurobodalla Local Companion Animals Management Advisory
Committee (the Committee) and makes recommendations with regard to adoption of the
intended changes.
BACKGROUND
Council adopted the first comprehensive Companion Animal Management Plan in 1999
following the introduction of the Companion Animals Act 1998. In February of 2005 the
Committee was set up to review the Plan, which had been last amended in 2001. In July of
2006 the Committee finished the review having considered public comment and submissions
in respect of companion animal issues in the shire.
ISSUES
The major proposed changes to the Companion Animal Management Plan relate to:

1.      Conversion from the management plan to a Draft Policy and Code of Practice
        The layout of the original management plan does not conform to current organisational
        requirements. As a result of the review the Draft Policy and Code of Practice has been
        designed to clearly and simply identify Council Policy for companion animal
        management.

2.      Twenty Four (24) hour access during winter
        There was strong support by the Committee for the introduction of 24-hour access to
        existing exercise areas from 1 May to 31 October. The arrangement would apply
        specifically to current ‘Time-Share’ areas classed ‘Leashed’ and ‘Off-leash’, where
        access between the hours of 3pm and 10am is currently permitted. This initiative was
        generally supported in the 110 submissions received during the community
        consultation phase.
        A number of informal comments have been received stating opposition to the 24-hour
        access. The general feeling being that there will be a concentration of dogs during
        warmer winter days and that uncollected faeces will become a more significant issue.

3.      Shorebird nesting arrangements
        The Committee was constructive and considerate regarding the need to protect nesting
        sites. The National Parks and Wildlife Service has provided recent data that indicates
        that the number of nesting sites within the shire has fallen in recent years. Durras Lake
        Entrance (North of Lake Sea Caravan Park) and Nangudga and Handkerchief Beaches
        in the south have been identified as active breeding sites and will be protected from
        changed or expanded exercise arrangements during critical breeding seasons. The
        proposed changes are supported by the National Parks and Wildlife Service. The
        Draft Code of Practice has been worded to allow for protection of nesting shorebirds
        on any beach in the shire where necessary.
ENVIRONMENT REPORT TO ORDINARY MEETING
OF COUNCIL HELD ON TUESDAY 19 DECEMBER 2006                                             Page 19


E06/8          COMPANION ANIMAL POLICY AND CODE OF PRACTICE                           98.2552


4.       Different access arrangements proposed for various beaches

         (a)   It is proposed to extend existing Time-Share arrangements to allow 24-hour
               access from 1 May to 31 October. This arrangement would apply to all off-leash
               and on leash areas without exception.
         (b)   South Durras main beach (Beagle Bay), currently Time Share Off –Leash, be
               amended to allow 24 hours Off-Leash.
         (c)   Maloney’s Beach, currently Time Share Leashed, be amended to allow Time
               Share Off –Leash.
         (d)   Jamison’s Beach (Potato Point), currently Time Share Off-Leash, be amended to
               allow 24 hour Off-Leash.
         (e)   Cookies Beach at South Durras currently prohibited is allowed Off-Leash 1 May
               to 31 October.
         (f)   Lilli Pilli Beach currently Time-Share Leashed be amended to allow Off-Leash
               Time Share.
         (g)   Mystery Bay currently Time-Share Off Leash be amended to allow 24 Hour Off-
               Leash.

The issues raised during the public consultation process are summarised below:

1.       Rangers should be more proactive in patrolling exercise areas.
2.       The need for less ambiguous signage.
3.       The plight of the elderly and disabled and need for easier access arrangements. (Congo
         residents in particular).
4.       The need to protect shorebirds.
5.       Support for the installation of waste bag dispensers.
6.       Stronger measures/approach to protect the environment from straying cats.
7.       The need for regulatory signage in other public areas.
8.       Council should insist on animals being desexed before release from the pound.
9.       Greater effort should be placed on conducting structured education programs.

The Committee has recommended that:

1.      All existing Time-Share exercise areas are amended to extend time-share arrangements
        to allow 24-hour access/exercise arrangements from 1 May to 31 October. This
        arrangement would apply to all off-leash and on leash areas without exception.
2.      South Durras main beach (Beagle Bay), currently Time Share Off –Leash, be amended
        to allow 24 hours Off-Leash.
3.      Maloney’s Beach, currently Time-Share Leashed, be amended to allow Time-Share
        Off–Leash.
4.      Jamison’s Beach (Potato Point), currently Time Share Off-Leash, be amended to allow
        24 hour Off-Leash.
ENVIRONMENT REPORT TO ORDINARY MEETING
OF COUNCIL HELD ON TUESDAY 19 DECEMBER 2006                                              Page 20


E06/8        COMPANION ANIMAL POLICY AND CODE OF PRACTICE                               98.2552

Legal

The Companion Animals Act 1998 bestows on Council the responsibility to manage and
regulate a wide range companion animal issues within the shire. The Draft Policy and Code of
Practice defines the main strategic direction and policy objectives and allows for competing
uses in popular public locations.
Policy
The Draft Policy has three main objectives:

1.       To ensure Council meets its obligations under the Companion Animals Act 1998;
2.       To investigate the best mix of regulatory and non regulatory approaches to achieving
         responsible pet ownership in Eurobodalla Shire
3.       To establish priorities for companion animal management for the next three to five
         years.

Staff will be working on an action plan to establish priorities to attach to the code of practice
prior to the end of the financial year.

Environmental
The popularity of companion animal ownership imposes on Council a responsibility to find
the necessary mix of regulatory and non-regulatory approaches to animal management to
ensure a harmonious balance is maintained in the community between the pet owning
population and others. Our pristine coastline and beaches are a focal point of human attraction
and activity as well as providing essential habitat and nesting sites for endangered flora and
fauna. Council strategies should aim to balance competing uses for finite space to
considerately accommodate the best interests of all.
Social Impact
The Draft Code of Practice has been configured to provide the best possible outcomes for dog
owners, the environment and the non-dog owning population and to lessen the social impact
on the community as a whole.
Opinions in the community can be divided and vocal on what represents good
arrangements/outcomes and it is the Committee’s opinion that the proposed changes represent
a reasonable and considered approach to companion animal management in the shire.
Community Consultation
The Draft Policy and Code of Practice has be prepared and been submitted for public
comment. The Committee reviewed the documents and considered 110 submissions. The
merits of submissions were discussed and the Committee has incorporated suggestions in the
Draft Policy and Code of Practice where considered appropriate.
Financial
To accommodate these proposed new 24-hour access arrangements 1 May to 31 October it
has been identified that some significant cost would be incurred in replacing existing
regulatory signage to at least 30 main beach exercise areas.
ENVIRONMENT REPORT TO ORDINARY MEETING
OF COUNCIL HELD ON TUESDAY 19 DECEMBER 2006                                            Page 21


E06/8          COMPANION ANIMAL POLICY AND CODE OF PRACTICE                           98.2552

Staff

Staff are concerned the proposal to grant 24-hour access from 1 May to 31 October each year
is not in the best interests of the entire community and will benefit dog owners to the
detriment of non-dog owners. Council needs to balance the concerns of all when making
decisions about competing uses of public space.

CONCLUSION

The Committee has reviewed the Companion Animal Management Plan with a view to
allowing for competing uses at a range of popular public locations within the Shire. A large
number of submissions were received during the consultation phase and all were considered
by the committee prior to finalisation of the Draft Policy and Code of Practice. Staff view the
proposal for 24-hour access from 1 May to 31 October as unworkable as it does not give due
consideration to competing uses.

RECOMMENDED

THAT:

1.       The Companion Animal Management Plan be repealed.

2.       The Draft Companion Animals Policy, as attached to report E06/8 Companion Animal
         Policy and Code of Practice and presented to the Ordinary Meeting of Council held on
         19 December 2006, be adopted.

3.       The Draft Companion Animals Code of Practice, as attached to Report E06/8
         Companion Animal Policy and Code of Practice and presented to the Ordinary
         Meeting of Council held on 19 December 2006, be adopted subject to Section 8.1 (b)
         being replaced with the following clause:

         (i)    Time-share access is available between 5pm and 9am (1 November to 30 April)
                and between 3pm and 10am from 1 May to 31 October.




PETER CAMPBELL
ENVIRONMENTAL HEALTH PROTECTION UNIT LEADER
DEVELOPMENT AND NATURAL RESOURCES



Attach
POLICY

Policy Title:          Companion Animals Management

Reason for Policy:     Eurobodalla Shire Council recognises the enjoyment available to residents
                       and visitors through companion animal ownership. However, the wishes of
                       other residents and visitors to preserve the amenity, native flora and fauna,
                       natural waterways, beaches and public reserves from inappropriate
                       disturbance caused by dogs and cats, must also be considered.

                       Council has a range of policies and strategies to manage companion animals
                       in the Shire.

Introduction:          Sets Council Policy with regard to the management of Companion Animals within
                       the Shire.

Policy details:

Policy Objectives
To promote and facilitate responsible pet ownership of dogs and cats, including the active
encouragement of desexing of companion animals, animal welfare and the benefits of animal
companionship.

1. To ensure Council meets its obligations under the Companion Animals Act 1998;
2. To investigate the best mix of regulatory and non regulatory approaches to achieving
   responsible pet ownership in Eurobodalla Shire
3. To establish priorities for companion animal management for the next three to five years.

Policy Statement
1. That education of Shire residents and visitors in appropriate handling and responsible
   ownership of companion animals be one of the focuses of companion animal management in
   the Shire.

2. That the provisions of the Companion Animal Act 1998 are adhered to and enforced.

3. That animals be under effective control (ie by leash, cord or chain) by a responsible competent
   person in all areas, other than those nominated as off-leash areas. Persons conducting animal
   obedience training or training for trials or shows must have the animals under reasonable
   control. In off –leash areas animals must be under the reasonable control and supervision of a
   responsible competent person.

4. That one 24-hour off-leash dog exercise area is established in Batemans Bay, Moruya and
   Narooma. Time-share access will be available for leashed and unleashed dog exercise areas, as
   nominated in the Code.

5. That specific purpose off-leash parks not be constructed.

6. That leashed ‘time-share’ arrangements apply to all beaches and public reserves, unless
   expressly prohibited by legislation or within this Local Plan.



G:\Word\CNL\ENVIRONMENT\December 2006\Companion Animals Policy ATTACH.doc
7. That signage be placed at popular entry points to beaches and reserves, advising of the relevant
   prohibition of animals or 24 hour access.

8. That appropriately marked faeces disposal bins be placed at sites accessed by waste collection
   contractors, in proximity to the nominated popular dog leashed and off leash areas.

9. That the State Enforcement Infringement Notice System (SEINS) be utilised for the issue of
   infringement notices.

10. That Council actively encourage the desexing of companion animals.




G:\Word\CNL\ENVIRONMENT\December 2006\Companion Animals Policy ATTACH.doc
DRAFT CODE OF PRACTICE

Code Title:         Companion Animals Management

Reason for Code:    To ensure Council and its staff approach companion animal
                    management in a consistent manner.

Introduction:       Details how Council will deal with companion animal
                    management and lists those areas set aside for exercising
                    animals.

Code of Practice
details:

                    1.    Education
                    Companion animal awareness training will be developed in
                    consultation with ESC Rangers, Animal Welfare organisations,
                    canine clubs and local veterinarians. Appropriate training is
                    currently being developed by the NSW State Government and
                    a broad spectrum of animal welfare organisations and interest
                    groups. ESC will endeavour to access this training for delivery
                    in the Eurobodalla Shire. Training will target local schools,
                    seniors clubs, and service clubs and will aim to create a better
                    awareness of animal ownership responsibilities and how to
                    approach or handle companion animals.

                    Promotional and educational brochures will be distributed to
                    schools and to first offenders as appropriate.

                    2.     Registration
                   (a) Hardcopies of shire animal registrations will be retained by
                       Council
                   (b) Rangers, customer service staff and after-hours service
                       personnel will have electronic access to Council’s
                       Complaints and Service Request (CSR) Database, and
                       authorised personnel will have access to the State
                       Companion Animals inquiry and Registration site (Internet)
                       as appropriate.
                   (c) Proof of ownership must be produced to effect the claiming
                       and release of a microchipped animal from Council’s pound.

                    3.     Review
                   (a) The Advisory Committee (ELCAMAC) will review the
                       Local Plan every 4 years (in the first year of each new
                       Council term) and recommend to Council any amendments
                       to the Plan. Council may seek the input of ELCAMAC at
                       other times at its’ discretion.
                    4.     Complaints
                    (a) Complaints received regarding companion animals will be
                        recorded on Council’s Customer Service Request (CSR)
                        system and handled in accordance with the Complaints
                        Policy.
                    (b) The CSR database will be used as a tool to analyse the
                        history of complaints and to assist determination of
                        subsequent actions or issue of notices.

                     5.     Infringements
                    (a) Warnings may be issued upon the first offence, with
                        corporate diary records maintained. Blatant initial (including
                        observed off-leashed activity, non-removal of faeces etc), or
                        subsequent offences will result in the issue of an
                        infringement notice.

                    (b) Infringements will be transferred to the Infringement
                        Processing Bureau (IPB) within 7 days. Objectors may
                        lodge objections (representations) direct to the IPB. Council
                        will respond to all representations in accordance with
                        legislation and its agreement with the IPB.

                     6.    Impoundment and Release
                    (a) If owners of companion animals cannot be located in the
                        immediate vicinity of the animal (location of capture), the
                        animal will be impounded.
                    (b) Unregistered animals will be held for minimum of seven
                        days (Statutory requirement) after initial impoundment then
                        will be transferred to an animal welfare organisation,
                        offered for sale, or euthenased.
                    (c) Registered animals whose owners (or alternate contacts)
                        cannot be located by telephone, or who have not responded
                        to letter within 7 days of issue, will be transferred to an
                        animal welfare organisation, or offered for sale, or
                        euthenased after 14 days
                    (d) Impoundment and maintenance fees (in accordance with
                        Councils fees and charges) must be paid prior to release of
                        the animal. Maintenance fees accrue daily.
                    (e) Animals not microchipped will be chipped for the scheduled
                        fee prior to release. Microchipping prior to release is a
                        legislative requirement.
                    (f) Animals will not knowingly be released for experimental
                        purposes.
                    (g) People purchasing companion animals from the Pound will
                        be provided with information from the Animal Welfare
                        League NSW, Eurobodalla Branch, offering them a
                        desexing subsidy (while funding allows) to assist with the
                        cost of desexing their new pet.




G:\Word\CNL\ENVIRONMENT\December 2006\Companion Animals COP ATTACH.doc
                     7.    Faeces Disposal
                    (a) Faeces disposal 240litre bins will be located on pads
                        adjacent to hard stand areas accessed by Council street bin
                        collection contractors
                    (b) Faeces disposal bins will be appropriately marked
                    (c) Animal owners are encouraged to use/recycle plastic
                        shopping bags for disposal of animal faeces
                    (d) ‘Promotional’ faeces disposal bags will be distributed by
                        rangers or from receptacles at nominated popular animal
                        exercise areas subject to budget and resources

                     8.     Dog Exercise Areas

                      8.1 Time-share (leashed and off-leash)
                 (a) Time-share access is available on all beaches and adjacent
                     reserves, and other reserves (unless those areas are signposted
                     as prohibited)
                 (b) Time-share access is available between 5pm and 9am (1
                     November to 30 April) and 24 hours a day from 1 May to 31
                     October.
                 (c) Animals must be under effective control in all designated
                     exercise areas.
                 (d) Animals must be under effective control while accessing the
                     nominated off-leash areas. Dogs must be supervised and
                     managed effectively and responsibly in the off leash area.

                     8.2    Off-leash

                     Considerations when assessing or re-examining exercise
                     areas; (in particular “Off Leash” areas).
                    (a) Minimum disruption to other normal users of the area, such
                        as regular sporting activities
                    (b) Conflicting uses
                    (c) Suitability to accommodate growing resident and CA
                        populations
                    (d) Sufficient area (beach or reserve) to safely accommodate an
                        animal’s exercise requirements
                    (e) Certainty of access for companion animal owners
                    (f) Minimal effects on nearby residents
                    (g) No through roads or cycleways
                    (h) Minimal impact on natural vegetation and regeneration
                        areas
                    (i) Not near major tourist sites
                    (j) No blind spots
                    (k) Centrality and ease of access
                    (l) Some beach or water access
                    (m) Legal obligations (including Section 14 of the Act)
                    (n) Preference for grassed or sandy areas
                    (o) Presence of shade or shelter and water



G:\Word\CNL\ENVIRONMENT\December 2006\Companion Animals COP ATTACH.doc
                    (p)   Appropriate fencing or natural barriers
                    (q)   Means of dog faeces disposal
                    (r)   Signage
                    (s)   The likely presence of nesting shorebirds
                    (t)   Community expectations

                     8.3 Off-leash Areas (time-share):
                    (a) Maloneys Beach; Maloneys Dr to start Hibiscus Close
                    (b) Long Beach – beach south of the southern end of Sandy
                        Place
                    (c) Surfside – beach between 100m east of caravan park and
                        western end of Myamba Parade
                    (d) Batehaven – Corrigans Beach between Hanging Rock
                        breakwall to Taldumande.
                    (e) Wimbie Beach – from end of reserve east along walking
                        track
                    (f) Lilli Pilli – Mosquito Bay beach
                    (g) Malua Bay – Malua Bay surf beach
                    (h) Rosedale – Southern section of beach starting at the car park
                        off Rosedale Pde.
                    (i) Barlings Beach – between Melville Point headland and
                        caravan park
                    (j) South Congo – beach adjacent to Point Pde
                    (k) Tuross – Coila Lake foreshore from Anderson St to Country
                        Club carpark
                    (l) Tuross – beach from Plantation Reserve, south to One Tree
                        Pt
                    (m) Potato Point – Potato Point beach
                    (n) Narooma – beach north of Handkerchief Lake
                    (o) Mystery Bay – Mystery Bay beach
                    (p) Mogo – western end Buckenboura Oval off Mogo Street
                    (q) Moruya – South Head – north of the Surf Club to Toragy
                        Point – excluding Club and carpark area

                     8.4 Off-leash Areas - 24 hour:
                    (a) South Durras – northern section of beach beginning 100m
                        north of Durras Drive bridge to Lakesea caravan park
                    (b)
                    (c) Pretty Point Beach (Malua Bay)- beach between headlands
                    (d) Tomakin – commencing from Kingston Place car park at
                        boat ramp south to Tomago River
                    (e) Mossy Point –Tomago River reserve, from Connells Cl east
                        to boat ramp
                    (f) Broulee – beach between McNee Street and the sandpit
                    (g) Moruya – Bengello Beach from 200m north of break wall to
                        airport windsock
                    (h) Moruya –Reserve (known as Ryan’s paddock) east of
                        Moruya Riverside Park



G:\Word\CNL\ENVIRONMENT\December 2006\Companion Animals COP ATTACH.doc
                    (i) Moruya – South Head – on the Council reserve east of
                        Coronation Drive (old camping ground)
                    (j) Tuross Head – Coila Beach
                    (k) Kianga – Kianga Reef Beach
                    (l) Dalmeny - Duesburys Beach
                    (m) Narooma– south-eastern end of Bill Smyth Oval below
                        Canty Street
                    (n) Bar Beach - Northern end to within 100m of break wall
                    (o) Sunshine Bay Beach
                    (p) Potato Point – Jamison’s Beach

                     8.5 Leashed Exercise Area – 24 hour:
                    (a) Broulee – beach from Train Street south to boat ramp
                    (b) Moruya – from windsock north to creek (south of sandpit)
      .
                     8.6 Leashed Exercise Area (Time Share):
                     Generally: Any beach that is not prohibited and not signposted.
                     The following are Presently Signposted:

                    (a) Guerilla Bay – main beach and Stoney Beach
                    (b) South of the Moruya Surf Club to the National Park
                        boundary
                    (c) Lilli Pilli Beach; off Fairview Drive
                    (d) Denhams Beach at Batehaven
                    (e) McKenzies Beach
                    (f) Rosedale Sth – North of carpark to headland
                    (g) Rosedale Nth – North of Yowani Rd to McKenzies Bch.
                    (h) Garden Bay
                    (i) Circuit Beach; Lilli Pilli
                    (j) Moruya South Head; main beach south of surf club 400m to
                        NP
                    (k) Wimbie Beach;
                    (l) Kianga lake Beach
                    (m) Josh’s Beach – Dalmeny

                     8.7 Endangered Shorebirds Nesting Season
                     During the Endangered Shorebirds Nesting season (normally
                     September to March annually) the existing exercise area rules
                     will cease in areas where shorebirds are found to be nesting.
                     Affected areas will be clearly sign posted by NPWS and
                     Council.

                     8.8 Prohibited Areas:
                    (a) Areas prohibited by legislation; in particular Sec 14
                        Companion Animals Act 1998
                    (b) All National Parks and Nature Reserves, including Broulee
                        Island, Congo Beach North from the end of Point Parade,
                        Bingi, South Head, Mystery Bay areas etc




G:\Word\CNL\ENVIRONMENT\December 2006\Companion Animals COP ATTACH.doc
(c) Wildlife Protection Areas (NPWS)
(d) All council swimming pools, public halls, offices and their
    environs
(e) Narooma – main Surf Beach including Smugglers Cove,
    Bar Beach (100m section north of breakwall), Netted beach,
    Yabbra beach
(f) Kianga - Carters Beach
(g) Tuross Head –Main Beach south of One Tree Point –
    Lavender Bay – Caravan Park Bch
(h) Durras - North of Lakesea Caravan Park to the National
    Park, Cookies Beach, 100m section of beach Nth from
    Durras bridge.
(i) Broulee – Broulee Island
(j) Tomakin - Tomakin Cove Beach
(k) Broulee –Eastern side of Candlagan bridge: northern side
    Candlagan Creek and southern side Candlagan Creek to
    Train Street
(l) Batemans Bay - Surf Beach, Caseys Beach
(m) Surfside – between headlands along Myamba Parade
(n) Maloneys Beach – between start of Hibiscus Close and
    National Park
(o) Long Beach – beach from Long Beach Road north along
    Bay Road
(p) Break walls - at North Head Moruya; Hanging Rock
    Batemans Bay; and Narooma
(q) Broulee Beach South - main beach from McNee Street to
    boat ramp
(r) Nangudga Beach
(s) Handkerchief Beach

 9.     Blitzes:
(a) Blitzes on companion animal offences will occur up to three
    times a year in identified problem areas with at least one
    during peak holiday periods..
(b) Suitable levels of publicity will take place in the weeks prior
    to blitzes
STRATEGIC PLANNING REPORT TO ORDINARY MEETING OF COUNCIL
HELD ON TUESDAY 19 DECEMBER 2006                                                         Page 22


S06/4       EXHIBITION OF DRAFT STRUCTURE PLANS                       03.7170, 05.9426, 06.0259

SYNOPSIS
Recommending that the draft structure plans for Moruya, Batemans Bay Town Centre and
Greater Batemans Bay be exhibited for public comment.

BACKGROUND
Draft structure plans have been prepared for the major towns of Batemans Bay and Moruya
and for the town centre of Batemans Bay. Like the Narooma Plan these structure plans
present the planning framework, specifically the role for these settlements, and economic
development, land availability and environmental factors, followed by analysis of the urban
structure. The plans then identify future land use zones for the new local environmental plan
(LEP), development standards for the new LEP and design guidelines for development control
plans. Copies of the draft plans have been distributed to councillors.

ISSUES

Community consultation
Community reference groups have been established and have met three times during the
preparation of the Moruya and Greater Batemans Bay structure plans. The reference groups
have made a substantial contribution to the plans, particularly in regard to visioning and
identifying appropriate densities across these urban settlements. Councillor workshops have
also been conducted for these plans during December 2006.

The Batemans Bay Town Centre Structure Plan was placed on exhibition in 2005 and a
number of councillor workshops have been conducted. Due to substantial changes being
made to the content and direction of the plan in response to submissions and councillor input,
the plan has been revised and is being exhibited a second time.

It is recommended that all three draft plans be exhibited concurrently, commencing on 20
December 2006 through to 23 February 2007. This time period will enable both residents,
visitors and non-resident ratepayers to view the plans at public libraries or at Council’s offices
in Moruya. The plans will also be available on Council’s website and CD copies will be
available.

Two information days are proposed for each of the Moruya and Greater Batemans Bay plans,
to be held during January and February in a public location. This will involve erecting
displays and having staff on hand to answer enquiries.

As the structure plans will inform the new LEP to be prepared and gazetted within three years
from March 2006, it is important that submissions and final draft versions be reported back to
the Committee with a view to adopting the plans in March 2007.

CONCLUSION
It is recommended that the draft structure plans for Moruya, Batemans Bay Town Centre and
Greater Batemans Bay be exhibited for public comment.
STRATEGIC PLANNING REPORT TO ORDINARY MEETING OF COUNCIL
HELD ON TUESDAY 19 DECEMBER 2006                                                  Page 23


S06/4      EXHIBITION OF DRAFT STRUCTURE PLANS                  03.7170, 05.9426, 06.0259


RECOMMENDED
THAT the draft Moruya Structure Plan, draft Batemans Bay Town Centre Structure Plan and
the draft Greater Batemans Bay Structure Plan be placed on exhibition for public comment
from 20 December 2006 to 23 February 2007 and that two information days be held in each of
these centres at a public location during this period.




ALLEN GRIMWOOD
STRATEGIC UNIT LEADER
STRATEGIC PLANNING & DESIGN
GOVERNANCE REPORT TO ORDINARY MEETING OF COUNCIL
HELD ON TUESDAY 19 DECEMBER 2006                                                  Page 24


G06/139     FLOODPLAIN MANAGEMENT AUTHORITIES OF NSW
            CONFERENCE 2007                                                       95.9197

SYNOPSIS
The 2007 Floodplain Management Authorities of NSW Conference will be held in Gunnedah
from Tuesday 27 February to Thursday 1 March 2007. Floodplain Risk Management
Workshops sponsored by the Department of Natural Resources will be held on Tuesday
27 February, prior to the commencement of the Conference.

Councillor Brown, as Council’s representative on the Floodplain Management Authorities of
NSW, has expressed an interest in attending the Conference.

BACKGROUND
The NSW Floodplain Management Authorities (FMA) was established over 40 years ago to
promote sound and responsible floodplain management. Its 75 members include all local
councils in NSW with significant flooding problems, two flood mitigation county councils
and three catchment management trusts.

The FMA is accepted by State and Federal Government agencies as representing the interests
of floodplain communities in NSW and the authorities responsible for managing the
floodplains to reduce future flood losses.

Floods are often reported as dramatic natural occurrences with devastating consequences.
The 47th Annual Flood Management Authorities of NSW Conference will look at the flood
from a different perspective. Entitled: Floods, Life Blood or Life Buoy, this theme will
endeavour to explore the positive implications of flooding on the natural environment and
how they can be managed to benefit flood affected areas.
ISSUES
Policy

Council’s policy provides that attendance at conferences, other than the Local Government
Association Conference, should normally be limited to two. The principle of having one
Councillor and an appropriate staff member attend will be considered as best practice for
attending seminars and conferences.

Financial
Registration

Early bird registration prior to 22 December is $660, which includes full conference
registration and some social functions. Registration after 22 December is $770.

Registration for the Floodplain Risk Management Workshops is $121. This is additional to
the conference registration.
GOVERNANCE REPORT TO ORDINARY MEETING OF COUNCIL
HELD ON TUESDAY 19 DECEMBER 2006                                                             Page 25


G06/139     FLOODPLAIN MANAGEMENT AUTHORITIES OF NSW
            CONFERENCE 2007                                                                   95.9197

Subsistence, Travel and Accommodation

Council will reimburse or pay registration fees, accommodation, meals, parking, telephone and travel
expenses associated with attendance at training, seminars and conferences plus any other reasonable
and directly related out of pocket expenses.

Daily costs other than accommodation and travel (including taxis or public transport) are not to exceed
$100.00 (ie food and out of pocket expenses etc), unless otherwise approved by the General Manager.

When travelling a Council “pool” car will be provided for Councillors’ use. If no “pool” car
is available, Councillors will be reimbursed at the State Government mileage rate, as amended
from time to time. If there is a “pool” car available but not taken, Councillors will be
reimbursed at Council’s pool car rate.

For all approved conferences, seminars, etc Council will pay the cost of reasonable
accommodation, to the equivalent of NRMA 4-star rating.

RECOMMENDED

THAT Council determine whether it wishes to be represented at the 2007 Floodplain
Management Authorities of NSW Conference to be held in Gunnedah from Tuesday
27 February to Thursday 1 March 2007 and if it so determines:

1.      Council nominate one delegate to attend the 2007 Floodplain Management Authorities
        of NSW Conference;

2.      Council’s delegate be reimbursed out of pocket expenses in accordance with Council’s
        policy.



CAROLYN HODGES
EXECUTIVE ASSISTANT
GOVERNANCE REPORT TO ORDINARY MEETING OF COUNCIL
HELD ON TUESDAY 19 DECEMBER 2006                                                       Page 26


G06/140    DONATIONS BY COUNCIL - STAFF CHRISTMAS FUNCTIONS                            97.1650

SYNOPSIS
To report on Councils policy on providing a monetary contribution to staff Christmas
functions and to consider an increase in the amount paid per employee.
BACKGROUND
Each year, the Council contributes/donates an amount per employee to the office and depot
Christmas functions in recognition and appreciation of employee achievements and their
contribution towards achieving organizational goals.

ISSUES
The current amount that is paid per employee is $10.30 per head of all staff on the payroll,
which includes casual staff. This was determined by resolution of Council on 28th November
2000.

The amount has not been increased since this date and it is now proposed to increase the
figure in line with rate pegging increases. The new indexed amount per employee for 2006/07
is $12.90 (see finance comments)

Policy
Council's previous policy stated that "Council will contribute an amount determined per
employee to Christmas functions held at Council depots and office for staff".

The revised policy/code of practice provides for the amount to be periodically indexed
(subject to availability of funds) through a further council report /resolution.

In this regard it is proposed that the amount will be indexed annually in line with rate pegging
and reported to Council through the management planning process.

The budget item is administered by the Finance section and payment to the depots and indoor
functions is coordinated by Human Resources.

Finance Comment
"The revised amount per employee will require a budget variation of $4,600 including FBT
requirements. This variation is based on last year's payment/attendance. This amount could be
supported by allocation of funds held in miscellaneous donations."

RECOMMENDED
THAT the annual Council contribution to staff Christmas functions be increased to $12.90 per
employee with the amount to be indexed annually(subject to availability of funds) in line with
rate pegging increases and reported to Council through the management planning process.

CHERIE BEAVER
EXECUTIVE MANAGER
CORPORATE AND COMMUNITY RELATIONS
GOVERNANCE REPORT TO ORDINARY MEETING OF COUNCIL
HELD ON TUESDAY 19 DECEMBER 2006                                                      Page 27


G06/141    WORKERS’ COMPENSATION / LIABILITY PERFORMANCE
           2005/06                                                                     01.5520

SYNOPSIS
This report presents information about council’s performance in the areas of workers’
compensation and liability from an insurance and risk perspective. The assessment of
performance includes examination of the organisation’s policies, practices and management
and their action on minimising exposure from an insurance perspective. It is evident that this
council’s performance remains very strong and this continues to be recognised with
substantial premium rebates/refunds.

BACKGROUND
In 2004/05, Statewide Mutual, manager of council’s public liability and workers’
compensation insurances commenced an incentive scheme providing premium rebates to
individual councils according to their performance in the area of risk management. The three
areas examined were workers’ compensation, occupational health and safety and public
liability. Examinations primarily consisted of comprehensive written self assessments against
compliance criteria which were then subsequently ‘audited’ and/or verified by representatives
of Statewide.
Council receives feedback on its individual performance against such criteria, as well as
comparatively across other councils and against Statewide customers as a whole.
In both the 2004/05 and 2005/06 financial years, this council has been successful in achieving
high compliance scores in Public liability and OH&S. Actual results are shown in Table 1.

Workers’ compensation performance is gauged by the actual insurance premium expressed as
a percentage of council’s total salary cost. The premium amount is determined by the number
and size of compensation claims successfully brought against council. Therefore a lower
premium relative to salary cost is desirable and even more impressive if this decreases over
time. Results of council’s performance in this area are shown in Table 2.


Issues
TABLE 1: RESULTS OF COMPLIANCE AUDITS

                 Compliance Score              Average                            Average
                    (ESC)                    Other Councils                    All Statewide
Category           04/05      05/06           04/05        05/06         04/05       05/06
OH& S              87%         93%             69%          79%          76%          75%
Public Liability   89%         89%             83%          78%          71%          64%


NB: Statewide advises that this performance places ESC in the top ten councils in the state for
managing insurance liability.
GOVERNANCE REPORT TO ORDINARY MEETING OF COUNCIL
HELD ON TUESDAY 19 DECEMBER 2006                                                        Page 28


G06/141    WORKERS’ COMPENSATION / LIABILITY PERFORMANCE
           2005/06                                                                      01.5520


TABLE 2:       WORKERS’ COMPENSATION PREMIUMS AS PERCENTAGE OF
SALARY

                                     2005/06                            2004/05
                            Premium cost (as % of salary)      Premium cost (as % of salary)
ESC                                   3.11%                              3.44%
StateCover Average                    4.16%                              4.42%
Avg. Council Group                    4.12%                              4.72%


This performance led to significant rebates returned to council (Table 3);

TABLE 3: REBATES RECEIVED

                                       2005/06                               2004/05
Category
Public Liability                        $57,652                               $58,830
Workers’ Compensation                  $66,849                               $68,302
OH&S                                    $40,000                               $30,000
                                       $164,501                              $157,132


RECOMMENDED

THAT the report on OH&S, Workers’ compensation and public liability insurance
performance be received and noted.




CHERIE BEAVER
EXECUTIVE MANAGER
CORPORATE AND COMMUNITY RELATIONS
GOVERNANCE REPORT TO ORDINARY MEETING OF COUNCIL
HELD ON TUESDAY 19 DECEMBER 2006                                                       Page 29


G06/142    INTRODUCING COUNCIL’S BUSINESS CONTINUITY
           PLAN                                                                        95.9129

SYNOPSIS
This report introduces councillors to the organisation’s Business Continuity Plan (BCP)
recently adopted by the Risk Management Committee. The BCP operates as a code of practice
and the key aspects are presented for councillor information.
BACKGROUND
It has been some years since council reviewed its ‘Disaster Recovery Plan’ which previously
existed primarily for the purpose of recovering lost or damaged documents. A Business
Continuity Plan (BCP), is now considered an integral part of managing corporate risk. As the
name suggests, a BCP describes operational strategies to be brought into action in the case of
a destructive event (ie non-specific), to ensure organised continuation of critical functions of
council business. The BCP refers to council’s main administration building in Moruya and
describes roles and responsibilities of the team of council employees who are required to
manage and implement the BCP.
Essentially, the BCP enables council to re-establish services and operations as quickly as
possible with the aim of minimising the effect of a disaster on the community and employees.
Relevant excerpts of the BCP are presented in Attachment 1 for councillor’s information.
ISSUES
While already adopted, the BCP is yet to be comprehensively tested and this is scheduled for
early 2007. It is expected that some modifications/updates will be made to the BCP once all
aspects have been thoroughly tested.
Policy
The requirements for council having a documented BCP have been highlighted by council’s
insurers and also encouraged by the Department of Local Government as an indicator of best
practice in risk management.
Staff
The BCP provides employees (especially those in management roles) with some certainty
about actions to be taken in the event of a disaster. It is these people who will be sought out
for guidance in an emergency and the BCP helps ensure that roles are clearly defined and
responsibilities allocated to minimise confusion in what is likely to be a traumatic event.
CONCLUSION
The BCP has been adopted after a considerable period of review and will be tested in 2007 for
operational efficiency.
RECOMMENDED
THAT the report introducing Council’s Business Continuity Plan and relevant excerpts are
received and noted.

CHERIE BEAVER
EXECUTIVE MANAGER
CORPORATE AND COMMUNITY RELATIONS

Attach
                                        Excerpts

INTRODUCTION
Business Continuity has been part of Council's risk management activities since the late
1990's with the impetus at that time on Y2K activities.

Since this time, there have been changes in the political and environmental climate -
September 11, 2001 - War on Terror and the possible Avian Influenza pandemic, which
have heightened the need and importance of business continuity to be seen as a
mainstream business activity.

In recent years, there have been a number of significant incidents which have been raised
as key examples why business continuity needs to be taken seriously. These include
severe hailstorms in Sydney in 1999; Victoria's gas crisis in 1999; Brisbane and
Auckland, New Zealand's power outages in 1998; fires at Bankstown and Dubbo
Councils 1997 and siege and fire at Department of Industrial Relations, Jolimont Centre,
Canberra in 1993.

The Auditor-General has also identified continuity of government business as a critical
issue to be considered by boards, Chief Executives and senior management within
Australian Public Sector organisations.

As part of Council's commitment to managing risks it is essential that Council is able to
continue to function, even when its operations are disrupted by an emergency event
within a Council building, or loss of/or access to a building. For that reason, Council has
prepared a Business Continuity Plan which is intended to ensure an acceptable level of
operation of Council services is restored within a reasonable time-frame.

The Business Continuity Plan contains the procedures required to manage the emergency
and outlines the roles and responsibilities of key personnel.
The acceptable level of operation covers those activities that are either statutory
obligations of Council or essential services to ratepayers.
OBJECTIVES OF THE PLAN
The objective of the Business Continuity Plan (BCP) is to provide a readily accessible,
useable and thorough documented plan for managing business interruption and
recovering critical business functions within a reasonable time frame after a loss of
Council's Main Administration Building. The BCP also brings together, where
necessary, other service area contingency plans.

The BCP enables Council and its Officers to:

− Follow an agreed, tried and systematic approach for the management of loss of
  services to Council's main administration building .
− Implement procedures to maintain essential services through the recovery periods.
− Identifies the Continuity Response Team's roles and responsibilities.
− Re-establish services and operations as quickly and efficiently as possible.
− Minimise the effect on the public, stakeholders, staff and Council.
− Incorporates other recovery plans:
−      ITC Disaster Recovery Plan.
−      Evacuation Procedures.
−      Records Management Recovery Plan.
TESTING AND MAINTAINING THE PLAN
Once the Business Continuity Plan is adopted and issued, a crucial link in its success is
testing and reviewing the procedures and validating the content. The testing and
maintenance are placed under the control of the Insurance Risk Management Co-
Ordinator, who is responsible for ensuring the information remains relevant and
simulation or tests are implemented. The maintenance cycle can best be described as a
continual process incorporated into the corporate risk management policy review process.
This requires the procedures and content to be reviewed and if necessary updated:
Every six months.

After every six monthly desktop review/scenario and notification and call-out test.
− After each yearly simulation.
− Introduction of a new business process.
− Introduction of new legislation.
− Organisational change.
− Or as required.
After each test the Continuity Response Team (CRT) will hold a debriefing session to
identify weaknesses and implement necessary changes.

TRAINING
Staff members will receive training on the overall BCP and on the procedures that affect
them to ensure relevant staff are aware of their responsibilities. Staff members are
encouraged to comment and propose amendments to the procedures. Through a robust
regime of testing, effective awareness and training can be delivered.

COPIES OF THE BUSINESS CONTINUITY PLAN
The CRT will be supplied with hard copies of the BCP and also an electronic copy, in the
form of a CD. All updated BCP's will be clearly marked with dates of reviews and
version numbers.

On dispersing updated copies of the BCP, it will be necessary to ensure all obsolete hard
copies and CD's be returned to the Insurance Risk Management Co-ordinator. Electronic
copies must override the obsolete copy.

A log will be kept of version numbers and a distribution list.

DECLARING A BUSINESS CONTINUITY RESPONSE

DELEGATION OF AUTHORITY TO THE GENERAL MANAGER
A standing delegation of authority is given to the General Manager to take whatever
actions are needed to recover and restore operations after an emergency that disrupts the
normal working of Council. This delegation is automatically extended to the next
Executive or Group Manager in the event the General Manager is disabled (refer
Continuity Management Structure).

NOTIFICATION OF AN EMERGENCY

Every staff member will be given instructions on what to do if they discover an
emergency. These instructions tell the staff member to:
1.     Call the Emergency Services (Fire, Police and Ambulance), if they are required.
2.     Call their Supervisor, Group or Executive Manager and describe the location and
nature of the emergency and who they have contacted (Fire Police etc)

CONTINUITY MANAGEMENT STRUCTURE

The following Business Continuity Management Structure (BCMS) shall be deployed in
the event of declaring activation of the BCP. The General Manager will automatically
become the Continuity Manager of the Continuity Response Team. If under extreme
circumstances the General Manager or any member of the BCMS is disabled, then the
Council Officer with the highest authority as per the table diagram below will assume the
role of Continuity Manager. This hierarchy becomes Policy of Council effective from the
date of declaring activation of the BCP.


                      Business Continuity Management Structure (BCMS)


                                               1. General Manager



                                           2. Deputy General Manager



                                              3. Executive Manager
                                             Corporate & Community
                                                    Relations



  4.Group Manager      5. Executive      6. Executive      7. Group Manager   8. Group Manager    9. Group Manager
 Roads & Recreation      Manager           Manager          Water & Waste      Development &         Community
                       Commercial     Strategic Planning                      Natural Resources        Services
                                           & Design
ADMINISTRATION
Council’s response to any loss affecting Council operations and the implementation of
this Business Continuity Plan will be administered by the Continuity Response Team,
(CRT)

The CRT will comprise of the following permanent members. All members of the CRT
will be required to ensure they have phones (not reliant on power) to install in the event
of a power outage. Contact numbers are outlined in the contact lists - Appendix E and all
members will be issued with contact lists on business cards. Response Team members
will be required to contact their Recovery Teams for assistance. Refer contact list -
Appendix F. Other members may be co-opted as required.

CONTINUITY RESPONSE TEAM

Position                                             Name                        Contacts
General Manager                                      Jim Levy
Deputy General Manager                               Peter Tegart
Executive Manager - Corporate & Community            Cherie Beaver
Relations
Group Manager - Roads & Recreation                   Warren Sharpe
Executive Manager - Commercial                       Mark Grant
Executive Manager -Strategic, Planning & Design      Andrew Parkinson
Group Manager - Water & Waste                        Carmel Krogh
Group Manager - Development & Natural                Ransce Salan
Resources                                                                        Refer Contact
Group Manager - Community Services                   Jan Seatonberry             List
Information Technology Manager                       Heinz Matti                 Appendix E
Executive Manager - Finance                          Miles Craighead
Executive Assistants                                 Cheryl McFarlane
                                                     Carol Hodges
                                                     Robyn Brown
                                                     Jenny Palmer
Media Officer                                        Kellee Murphy
Insurance/Risk Management Co-ordinator               Tracie West-Booth
OH&S Risk Co-Ordinator                               Ken Nolan
Senior Projects Engineer                             Russell Burke
Operations Engineer                                  Robert Burke
Customer Service/Records Team Leader                 Craig Sykes
Purchasing Officer                                   John Hyland
CONTINUITY MANAGEMENT CENTRE LOCATION

The CRT will act as Council’s immediate response, establishing, priorities, organising
and directing Council’s resources and providing information to staff and members of the
public. The CRT will assemble upon the instructions of the General Manager or the
nominated Continuity Manager, at the Moruya Depot or nominated premises and be
known as the Continuity Management Centre.

MORUYA DEPOT - SITUATED AT ARALUEN ROAD, MORUYA
TELECOMMUNICATIONS
Due to the fact the Moruya Depot phone system is connected to the PABX we would be
reliant on Telstra’s response time to connect the service. If the relevant communication
carrier cannot provide lines immediately to the nominated Continuity Management
Centre, an agreement has been made with the Manager of The Southern Phone company
situated in Page Street, Moruya. Southern Phone Company will provide a working area
suitable for one staff member and the availability for one phone and one fax line. The
existing telephone number of the Council 44741 000 (44741 211 main dial in line) and
facsimile number 44741 234 are to be redirected immediately to the Southern Phone
Company, situated opposite the Dr Mackay Centre in Page Street, Moruya until further
directions from the CRT. Appendix A should be signed by the General Manager or
Continuity Manager and sent to Telstra within 24 hours.

The Receptionist/Switch Operator will be required to be located to the nominated
premises until otherwise directed by the CRT, to manage telephone and fax enquiries.
The Information Technology Manager in conjunction with the Information Technology
Recovery Team will coordinate for the duration of the loss all telecommunication
activities. The Information Technology Manager will contact Telstra to inform them of
the disaster and to request emergency services as outlined in the ITC Disaster Recovery
Plan and the BCP.

CONTINUITY RESPONSE TEAM MEETING

THE GENERAL MANAGER'S INITIAL RESPONSE


The General Manager will contact the Mayor to advise of the disaster and request the
Mayor to relay information regarding the current situation to all Councillors.

THE DEPUTY GENERAL MANAGER & GROUP/EXECUTIVE MANAGERS

The Deputy General Manager, Executive Manager Corporate and Community Relations
and Group Manager, Roads and Recreation, or alternative delegate, will assist in the set
up of the Continuity Management Centre at Moruya Depot and notify all members of the
CRT.

Once the building site has been declared safe and all investigations have been conducted,
the General Manager and/or nominated members of the CRT will perform a visual
inspection of the disaster area prior to the meeting of the CRT, if possible, to determine
the extent of the damage.

The CRT members will be requested to attend the first meeting of the CRT. The General
Manager will brief the Mayor and Councillors and relay the outcomes of the meeting.
The Executive Assistants and members of the CRT will assist in contacting the following
services for either an immediate response or place them on notice for assistance during
the next few days.
The overall coordination of the recovery will be the responsibility of the General
Manager or the Deputy General Manager. Specific tasks must not be assigned to them.
The General Manager and Deputy General Manager should remain highly visible and
accessible to all staff and others needing assistance with issues or problems. The success
of this plan revolves around the leadership of the General Manager or the nominated
Continuity Manager.

ROLE OF THE CRT COMMITTEE

DETERMINING PRIORITIES

All Council’s priorities will be determined by the CRT and will be communicated to the
Council, staff and the public and any other organisation required. The CRT members
involved in managing the continuity event must be innovative in their approach to
managing the situation. Pre-prepared plans are guides and may not be suited for the
situation therefore flexibility is required. During an incident, the CRT members will
need to find the best solutions to a range of problems, to make decisions and to give
directions based on the conflicting issues accompanying most problems. In order to
assist in achieving this each Executive Manager and Group Manager will provide the
CRT with the following information updated as required.

−   Staff, plant and equipment available.
−   Property and communication systems available.
−   Summary of operations temporarily and permanently affected by the disaster.
−   Estimate resources needed to restore the affected operations.
−   Timeframe for recovery to partial and full operations.
−   Location of operations not affected by the disaster.
−   List of operations needing relocation.

The CRT will determine the best allocation of available resources, solutions and select
the best course and plan the implementation to meet Council’s service priorities.

COMMUNICATIONS - MEDIA
It is important to reiterate that only the Media Officer and the General Manger of the
CRT is permitted to speak with the press. The Mayor, in consultation with the General
Manager may make a formal statement to the press. The Media Officer, in conjunction
with the General Manager should release a statement to the press immediately. Appendix
C is an example of such a statement.

All communications will be coordinated through the CRT who will be responsible for;
− The allocation of communication resources.
− All news releases to the media.
− All communications to employees.
− All communications regarding recovery strategies.
CRT MEETINGS
The CRT will hold daily meetings, at 8.00am to report on status and progress. The
General Manager will invite the Media and staff to attend special briefings addressing the
outcomes of the CRT meetings. The CRT and the Executive Assistants will establish an
Event Log to keep a chronological diary of events, scheduled meetings, minutes,
telephone logs etc. The Event Log is to record valuable information and decisions taken
at first response and during the loss.
GOVERNANCE REPORT TO ORDINARY MEETING OF COUNCIL
HELD ON TUESDAY 19 DECEMBER                                                          Page 30


G06/143    STATUS REPORT ON SCIENTIFIC ADVISORY PANEL                                96.0392

SYNOPSIS
This report provides Council with an update on the Scientific Advisory Panel.
BACKGROUND
The Eurobodalla Shire Council ‘Scientific Advisory Panel’ was established to harness the
high level of scientific expertise amongst Eurobodalla residents, especially those who are
professionals from local / regional universities and research institutions. The Panel meets
about twice a year. However, over the last couple of years, the Panel has been fairly inactive
due to a number of factors including lack of clear role and purpose of the Panel. A meeting of
the Panel was held on 29 September 2006, and this was the first meeting to have been held
since May 2005.

At the recent meeting, a number of items were on the agenda including:
• A discussion of future directions for the Scientific Advisory Panel
• Briefing & discussion on an ARC Linkages Project (a joint research project between the
    Australian National University, the NSW Department of Natural Resources and
    Eurobodalla Shire Council)
• A briefing & submission on the Batemans Marine Park Draft Zoning Plan was prepared
    on behalf of the Panel. The comments were included in Council’s submission to the
    Marine Park Authority
• Updates on progress on Council’s approach to Sustainability, participation in the Cities for
    Climate Protection Program and the Aboriginal Heritage Study

ISSUES
One of the main issues discussed at the meeting was the future operation, role and function of
the Scientific Advisory Panel. There was general agreement between all parties that the Panel
does not function as effectively as it could, and that its role and purpose needed review.
Council staff at the meeting briefed the Panel on Council needs and expectations. Members
of the Panel shared with Council representatives their expectations of being involved in the
advisory group. As a result, a key action arising out of the meeting was to review the
Scientific Advisory Panel Terms of Reference, with a focus on refining the ‘Roles and
Responsibilities’ of the group.

The background and expertise of Panel members is in science and research. For this reason
the reviewed Terms of Reference should focus more strongly on the role of the Panel to assist
Council to meet its research needs, and also support the application of scientific information
and data into sound strategic decision making and policy development.
Policy
The revised Terms of Reference incorporate the need for Panel members to adhere to
established Council codes of conduct, in particular the Code of Meeting Conduct.
GOVERNANCE REPORT TO ORDINARY MEETING OF COUNCIL
HELD ON 19 DECEMBER 2006                                                              Page 31


G06/143     STATUS REPORT ON SCIENTIFIC ADVISORY PANEL                                96.0392

Environmental
An effectively operating Scientific Advisory Panel will help Council to plan and manage its
land, operations and assets in way that achieves good environmental outcomes. Most of the
current members of the Panel have an environmental science background, and maintaining
environmental integrity of the region is their focus. The reviewed Terms of Reference should
allow this expertise to be more effectively harnessed.
Social Impact
In future, social scientists will be approached to join the Panel. This would broaden out the
scope of the group, and allow input across a more diverse range of operational areas.
Economic Development Employment Potential
In future, economists will also be sought to join the Panel. Again, this would broaden the
scope of potential impact of the Panel. In addition to this, the reviewed Terms of Reference
allow Panel members to be involved in the establishment of innovative research projects
involving the research institutions they represent could bring funding and innovation benefits
to the Shire.
Community Consultation
The Panel offers an opportunity to enable effective community participation to support
informed Council decision making and management of the Shire, if managed correctly. This
is the primary objective of the reviewed Terms of Reference. The Scientific Advisory Panel
has also had an opportunity to provide input into the development of the reviewed Terms of
Reference, and are happy with the final version that is presented to Council.
Staff
Staff involved in the coordination of the Scientific Advisory Panel are primarily the
Sustainability Officer and the Environment Team Leader. Other staff will continue to be
encouraged to attend Panel meetings if items are relevant to their areas of work.
Strategic Links
The reviewed Terms of Reference allow Panel members to potentially become involved in a
range of strategic matters, including strategic landuse planning & management, asset planning
and management, and strategic operational issues and policy. The focus of their involvement
is on the scientific underpinnings of all of these.
Financial
There are no financial implications anticipated as a result of Terms of Reference changes.
GOVERNANCE REPORT TO ORDINARY MEETING OF COUNCIL
HELD ON 19 DECEMBER 2006                                                           Page 32


G06/143    STATUS REPORT ON SCIENTIFIC ADVISORY PANEL                              96.0392

CONCLUSION
The Scientific Advisory Panel role is on research and science that supports and underpins
strategic Council decision making and policy development. The new Terms of Reference are
aligned with the Panel and Council expectations of the group. The objective is to give the
Panel more purpose and focus, as well as, making the group more functional in terms of
Council needs and Panel member expectations. The reviewed Terms of Reference also
provide Panel members with the opportunity to become engaged in research projects that
fulfil Council research needs, and may support investment in the Shire.

RECOMMENDED
THAT Council:

1.     Receive and note the Status Report on the Scientific Advisory Panel; and

2.     Endorse the revised Terms of Reference for the Scientific Advisory Panel.



RANSCE SALAN
GROUP MANAGER
DEVLEOPMENT AND NATURAL RESOURCES




Clrs
GOVERNANCE REPORT TO ORDINARY MEETING OF COUNCIL
HELD ON TUESDAY 19 DECEMBER 2006                                                      Page 33


G06/144     PARTNERSHIP WITH REGIONAL EXPRESS                                         02.6852

SYNOPSIS
This report recommends that Council partner with Regional Express in the 2006/07 financial
year in order to support the growth in passenger airline services through Moruya airport and
increase the revenue generated by the Moruya airport.
BACKGROUND
Since 2003 Council has worked closely with Regional Express (REX) to support the growth
of airline services out of Moruya. For the 2003/04 financial year this support came in the form
of reducing the passenger tax to $3.50 from the level current then of $7.90.

The adopted passenger fee was increased from$7.64 in 2005/6 to $7.91 exclusive of GST and
total budgeted revenue of $116,000 in the 2006/07 financial year.
ISSUES
REX commenced discussion with Council staff seeking a renewed partnership in order to
support two objectives:

•   Implementation of a midday service to and from Sydney five days a week; and
•   Separation of the Merimbula from the Moruya-Sydney route.

These objectives have been partially commenced with the introduction of a dedicated (i.e not
via Merimbula) midday service between Moruya and Sydney three days a week.

These objectives are seen to benefit local business and tourist travellers by:

•   Adding 10,000 new seats annually;
•   Improving access to heavily booked morning and evening services;
•   Removing susceptibility of the Moruya-Sydney route to incidents on the Merimbula-
    Sydney route;
•   Reducing Merimbula passenger loads on flights in and out of Moruya.

The total passenger numbers in and out of Moruya in 2005/06 was 16,747 (Moruya-Sydney
and Moruya-Melbourne combined). With annual growth running at around 5% REX
anticipated approximately 17,500 passengers through Moruya in 2006/07.

In order to support its objectives to grow traffic out of Moruya and decouple Moruya from
Merimbula, REX has sought Council’s support by way of a reduced head tax for passenger
numbers about the forecast level of 17,500. REX emphasised that while the financial
contribution from Council would be small, its symbolic message of support to the REX board
was crucial in securing the multi-million dollar investment needed to pursue the desired
growth in passenger traffic out of Moruya.

The importance of Council’s relationship with REX can be seen by REX’s withdrawal from
its Portland (Victoria) service following a breakdown in relations with the local council, and
the continued service to West Wyalong where its relationship with the council is very strong,
despite a lack of profitability on the route.
GOVERNANCE REPORT TO ORDINARY MEETING OF COUNCIL
HELD ON TUESDAY 19 DECEMBER 2006                                                     Page 34


G06/144       PARTNERSHIP WITH REGIONAL EXPRESS                                      02.6852


After broad ranging discussion between senior staff at REX and Council, a structure was
agreed that would be in the best interests of Council, REX and the travelling public, as
follows:

•    $7.91 per passenger up to 17,500 passengers;
•    $3.46 per passenger for passengers 17,501 to 18,900; and
•    $0.00 per passenger for passengers 18,901 and beyond.

This structure would only apply for the 2006/07 financial year with further discussion with
REX to be scheduled in March 2007 as to how fees could be structured in 2007/08 to our
mutual advantage.

If forecast passenger volumes are achieved, under this structure Council’s budgeted revenue
of $116,000 will be exceeded by more than $20,000.

The added benefit of this structure is that it supports a higher passenger and revenue base in
the 2007/08 financial year.
CONCLUSION
The proposed partnership arrangements between Council and REX represents an opportunity
for Council to support continued improvement in airline services out of Moruya while
improving the likely revenue generated by the Moruya airport.
RECOMMENDED
THAT:

1.      Council supports the expansion of passenger airline services through Moruya airport
        by adopting the following structure of charges for passenger taxes payable by REX in
        the 2006/07 financial year:

        (a)    $7.91 per passenger up to 17,500 passengers;
        (b)    $3.46 per passenger for passengers 17,501 to 18,900; and
        (c)    $0.00 per passenger for passengers 18,901 and beyond.

2.      The above fees be advertised for public comment for a period of 28 days. If no
        adverse comment is received the revised fees will be adopted, otherwise the issue will
        be returned to Council for final determination.


MARK GRANT
EXECUTIVE MANAGER
COMMERCIAL
GOVERNANCE REPORT TO ORDINARY MEETING OF COUNCIL
HELD ON TUESDAY 19 DECEMBER 2006                                                    Page 35


G06/145    CAMPERVAN DUMP POINTS AND CAMP SITES                                     80.0157

SYNOPSIS
This report explores the issues of toilet waste dump points for caravans and recreational
vehicles and temporary caravan and camping sites. It recommends adoption of a policy in
regard to campervans, motorhomes and recreational vehicles and temporary caravan and
camping site approvals.
BACKGROUND
From time to time Council receives requests to approve temporary camping or caravan sites
on public land and private land.

Council also receives occasional inquiry regarding the availability of dump points for toilet
waste that may be available outside regular caravan and camping grounds. Council has
resolved to install dump points at Moruya Riverside Park and Corrigans Beach Reserve in
2006/07.

Approval of caravan and camping sites is regulated under the Local Government Act1993 and
the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and
Moveable Dwellings) Regulation 2005.
ISSUES
The Caravan and Camping Industry Association (CCIA) has written to local governments
expressing its concern at the provision of temporary free or subsidised camping and caravan
sites, claiming it unfairly competes with the properly regulated caravan and camping parks. A
copy of their letter is attached for Councillors’ information.

The Campervan and Motorhome Club of Australia (CMCA) has submitted independent
research (attached for Councillors’ information) claiming an average spend of $390 when a
motorhome or campervan stops in a local town and $80 for overnight stays. The CMCA also
issues certification for vehicles that are properly shown to be self-contained.

Alternative rest areas and dump points

Eurobodalla Shire is served by a broad selection of permanent, approved caravan and
camping grounds, from Durras in the north, to Mystery Bay in the south. These facilities
supply a large volume and wide variety of moderately priced tourist accommodation. In
accordance with the regulations (see below), dump points are available at the Council
operated Batemans Bay Beach Resort and other caravan parks throughout the Shire.

An RTA rest area for transient stop over area is located on the Princes Highway at Waldron’s
Swamp, north of Moruya, but does not contain a dump point facility as the sewer is not
readily accessible from this point.

As the sewer is not readily accessible from Council’s camp grounds at North Head Moruya,
Mystery Bay or Dalmeny, no dump points are available there either.
GOVERNANCE REPORT TO ORDINARY MEETING OF COUNCIL
HELD ON TUESDAY 19 DECEMBER 2006                                                          Page 36


G06/145    CAMPERVAN DUMP POINTS AND CAMP SITES                                           80.0157


Council receives from time to time requests from caravans and Recreational Vehicles (RVs)
to dump toilet waste directly at its treatment works. These requests are generally refused
because of the Occupational Health and Safety requirements for site induction for visitors to
these facilities.

Dump points have been approved at Riverside Park Moruya and Corrigans Beach Reserve
Batehaven and will be installed in the current financial year on a trial basis.

Arguably, both public dump points and temporary caravan and camping sites compete with
the businesses of approved caravan and camping grounds. They also present the potential for
unwanted disruption to public reserves and the neighbours of private land that would
otherwise have been avoided if the activity was restricted to approved permanent facilities.

However, research from the CMCA suggests that there is considerable economic benefit that
accrues to a community from recreational vehicles stays. Such visitation may be discouraged
where these typically large vehicles are only able to stay in approved caravan parks, which
they have difficulty accessing because of their size.

Council’s camping grounds at North Head, Dalmeny and Mystery Bay offer scenic and
affordable accommodation alternatives for these vehicles, particularly where access to
caravan parks is difficult for the larger vehicles.

The provision of dump points at Moruya and Batehaven complement these camping areas and
other caravan parks to provide an attractive range of facilities for campervans, motorhomes
and recreational vehicles without unduly competing with approved caravan and camping
grounds or presenting potential disruption to the community.
LEGAL
Part F of Section 68 of the Local Government Act 1993 provides a person shall not operate a
caravan park and/or camping ground on land unless they are the holder of an approval issued
by the Council.

In consideration of an application for an approval an operator must demonstrate compliance
with numerous prescribed minimum health and safety standards (see Local Government
(Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings)
Regulation 2005). Specific requirements to be applied are largely dependent on the size, class
of caravan and camping ground including the nature of the moveable dwellings eg. caravans,
campervans, tents and motorhomes.

Temporary Camping

The use of public lands for temporary camping purposes is generally permitted pursuant
Clause 73 (3) provided the following criteria is met:

(a)    The period does not exceed six weeks;
(b)    The public land is primarily used for sporting, recreational or cultural events;
(c)    It can be readily demonstrated that it is in the public interest.
GOVERNANCE REPORT TO ORDINARY MEETING OF COUNCIL
HELD ON TUESDAY 19 DECEMBER 2006                                                      Page 37


G06/145     CAMPERVAN DUMP POINTS AND CAMP SITES                                      80.0157


In the recent past staff have granted approval, under delegation, to various service
organisations or groups to temporarily camp on public land not being an approved caravan
park or camping ground where the camping was in association with a specific event.
Examples include the Scripture Union on NATA Oval at Christmas, Moruya Showground
Committee for the Show and Rodeo in January, Tuross Sailing Club at the Sports and Leisure
Complex for the Easter Regatta and Bells Amusements at Corrigans Beach for Christmas and
New Year’s festivities.

The use of private land outside an approved caravan parks and camping grounds for
temporary camping purposes is similarly permitted pursuant to Clause 77 of the Regulation
provided the following criteria are met:

      (a)   the installation of not more than 2 caravans, campervans or tents on any land,
            so long as they are not occupied for more than 2 days at a time and are not
            occupied for more than 60 days (in total) in any single period of 12 months, or

      (b)   the installation of not more than one caravan or campervan on land in
            connection with that owner’s dwelling house, so long as it is used for
            habitation only by the owner or by members of the owner’s household and is
            maintained in a safe and healthy condition, or

      (c)   the installation of a caravan or campervan on pastoral or agricultural land,
            so long as it is merely occupied seasonally by persons employed in pastoral or
            agricultural operations on the land”

It is also understood that Council has a long and established practice whereby staff grant
approval to a bona fide owner builder to temporarily reside in a caravan or similar place on a
home building site, provided:

(a)    The person has an approval to construct a dwelling;
(b)    The person has substantially commenced works on the proposed dwelling;
(c)    The person makes a genuine ongoing commitment to construct their house in a timely
       manner; and
(d)    The site is maintained in a safe and healthy condition.

Common Soil Waste Dump Points

The Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and
Moveable Dwellings) Regulation 2005 Clause 102 (3) provides:

      A caravan park or camping ground that includes any short-term sites or camp
      sites must be provided with at least one common soil waste dump point for the
      disposal of closet waste from caravan holding tanks and the like. The common
      soil waste dump point must be located so as to permit adequate access by
      caravan and campervans.
GOVERNANCE REPORT TO ORDINARY MEETING OF COUNCIL
HELD ON TUESDAY 19 DECEMBER 2006                                                    Page 38


G06/145      CAMPERVAN DUMP POINTS AND CAMP SITES                                   80.0157

Policy
A policy response to the granting of approval for temporary caravan and camping sites on
public or private land would clarify and standardise Council’s approach to this issue. Such a
policy could be in the following terms:

         The Eurobodalla Nature Coast welcomes campervans, motorhomes and recreational
         vehicles and encourages them to stay:
         • In approved caravan and camping grounds; or
         • Overnight in designated rest areas; or
         • Overnight adjacent to designated toilet waste dump points, if the vehicle is
            certified to be self-contained.

         Council will only consider granting approval for short term camping or caravanning
         on Council controlled reserves where:
         • It is for accommodation required for a specific event; and
         • There is no approved caravan park otherwise conveniently available, suitable or
            sufficient to meet the needs of the event; and
         • Approval would be otherwise consistent with the relevant regulations.

     Council will not approve short-term caravan or camping sites on private land other
     than as is permitted by the relevant regulations.

CONCLUSION

The provision of dump points at Moruya and Batehaven complement approved caravan parks
and Council’s camping areas to provide an attractive range of facilities within the Shire for
campervans, motorhomes and recreational vehicles. Therefore, Council should encourage
visits to the Shire by these vehicles because of the economic benefit they bring, which is
largely free of any adverse impact on caravan park operators or the local community.

Where appropriate accommodation for participants in specific events is not otherwise
available or sufficient, approval can be granted for short-term caravan and /or camping sites
on certain council reserves. The legislation does not generally permit this on private land
GOVERNANCE REPORT TO ORDINARY MEETING OF COUNCIL
HELD ON TUESDAY 19 DECEMBER 2006                                                       Page 39


G06/145      CAMPERVAN DUMP POINTS AND CAMP SITES                                      80.0157

RECOMMENDED
THAT:

1.       Council note its current intention to install dump points for toilet waste at Riverside
         Park Moruya and Corrigans Beach Reserve Batehaven on a trial basis.

2.       The draft Temporary Campervans, Motorhomes and Recreational Vehicles Approval
         Policy be placed on exhibition for a period of 28 days to seek public comment.

3.       Subject to no adverse public comment, the Temporary Campervans, Motorhomes and
         Recreational Vehicles Approval Policy shall take effect at the end of the advertisement
         period.




MARK GRANT
EXECUTIVE MANAGER
COMMERCIAL

Clrs
Attach
POLICY

Policy Title:            TEMPORARY CAMPERVANS, MOTORHOMES AND RECREATIONAL
                         VEHICLES APPROVAL


Reason for Policy:       To control and regulate the short term parking of campervans, motorhomes and
                         recreational vehicles outside of approved caravan parks and camping grounds
                         throughout the Eurobodalla Nature Coast Local Government area.


Introduction:            The Eurobodalla Nature Coast welcomes campervans, motorhomes and
                         recreational vehicles and encourages them to stay in approved caravan and
                         camping grounds, overnight in designated rest areas or overnight adjacent to
                         designated toilet waste dump points, if the vehicle is certified to be self-
                         contained.


Policy details:


1.      Approval for short term camping or caravanning on Council controlled reserves will only be
        considered where:

        (a)     It is for accommodation required for a specific event.
        (b)     There is no approved caravan park otherwise conveniently available, suitable or
                sufficient to meet the needs of the event.
        (c)     Approval would be otherwise consistent with the relevant regulations.
GOVERNANCE REPORT TO ORDINARY MEETING OF COUNCIL
HELD ON TUESDAY 19 DECEMBER 2006                                                    Page 40


G06/146    TEMPORARY LICENCE FOR CAMEL RIDES                                        05.9368


SYNOPSIS
The temporary licence to conduct camel rides on Moruya Riverside Park, Crown Reserve
R82377 is due to expire on 31 December 2006. The current licensee has requested an
amendment to the offer recently made by Council. This report recommends the previous offer
in accordance with the request and granting a temporary licence.
BACKGROUND
At its Ordinary meeting held on 28 November 2006 Council resolved:

THAT Council as Trust Manager for the Eurobodalla (Central) Reserve Trust consent to the
granting of a temporary licence, in accordance with Section 108 of the Crown Lands Act
1989, for camel rides within Crown Reserve R82377 at Moruya to Oasis Camels Pty Limited
commencing 1 January 2007 and expiring on 31 December 2008 subject to the following
conditions:

1.   The licence fee be $40 per day excluding GST with a minimum of twelve days.

2.   The licence fee be capped at $695 pa excluding GST.

3.   Provision of Public Liability insurance in an amount of $10,000,000.

4.   All camel dung is to be removed from the reserve.

ISSUES
The offer was made to Oasis Camels Pty Limited in accordance with Council’s resolution.

The offer was initially rejected however written advice has been received agreeing to the fee
of $40 per day plus GST but requesting a minimum of ten days based on their activities
during the past twelve months.

They advised they would be prepared to pay the same rate for any additional days.
CONCLUSION
The reduction of the minimum number of operating days from twelve to ten is considered
reasonable, retaining the maximum fee at $695 plus GST.
RECOMMENDED
THAT the minimum number of operating days for the proposed temporary licence for camel
rides within Crown Reserve R82377 at Moruya to be offered to Oasis Camels Pty Limited be
reduced from twelve to ten.



ROB ADDISON
PROPERTY MANAGER
COMMERCIAL
GOVERNANCE REPORT TO ORDINARY MEETING OF COUNCIL
HELD ON TUESDAY 19 DECEMBER 2006                                                                  Page 41


G06/147        INVESTMENTS MADE AS AT 30 NOVEMBER 2006                                            99.3517

SYNOPSIS
The purposes of this report are:

•   To certify the Councils investments in financial instruments have been made in
    accordance with the legal and policy requirements.
•   Provide information on and details of investments.
•   Raise other matters relevant to investing as required.

CERTIFICATION
In accordance with the provision of Clause 16(1)(b) of the Local Government (Financial
Management) Regulation 1999, I hereby certify that these investments have been made in
accordance with the Act and related Regulations (subject to the matters raised in relation to
the Shield 21 Hedge Fund in the report G05/119 “Review of Investment Policy”, provided to
the ordinary meeting of Council on 22 November 2005).

DETAILED INVESTING INFORMATION
The Shield 21 Hedge Fund investment is capital guaranteed (CG rated AA- by S&P) however
the investment is volatile making negative –1.41% in September and positive 18.77% in
November. The product is a long-term investment and estimates from the fund managers are
for a performance of 7.86% for the next year and 8.99% in three years time. The investment
has returned 5.89% since inception and represents 1.35% of the total portfolio; it matures on
28 February 2011.

In all other respects investments comply with Council's investment policy.

A review of the reporting of investments in financial instruments has commenced and may
alter future reporting including the use of fair/market value information.

The following tables detail investments and results for the period relevant to this report.
 Date                       Placed With               Rate %    Interest   Amount $      Rating    Maturity
Placed                                                          Interval                             Date
29-11-06   IMB SOCIETY-O                               6.2500       2       2,330,000   BBB        01-12-06
01-11-06   LGFS EC COVERAGE MANAGED FUND               7.2600      30       1,099,262   A          01-12-06
01-11-06   GRANGE ENHANCED CASH FUND                   6.9600      30       1,025,902   AAf        01-12-06
01-11-06   LGFS ETHICAL MANAGED FUND                   6.5200      30         586,611   A          01-12-06
23-08-06   BANKWEST                                    6.3200     105       1,000,000   A+         06-12-06
30-08-06   BANKWEST                                    6.3200      98       1,000,000   A+         06-12-06
06-09-06   CITIBANK                                    6.3100      91       1,000,000   AA         06-12-06
13-09-06   BANKWEST                                    6.3200      91         500,000   A+         13-12-06
20-09-06   BANKWEST                                    6.3100      84       2,000,000   A+         13-12-06
06-09-06   BANKWEST                                    6.3400      98       1,000,000   A+         13-12-06
30-08-06   CITIBANK                                    6.2800     105       1,000,000   AA         13-12-06
13-09-06   CITIBANK                                    6.2800      98       2,000,000   AA         20-12-06
04-09-06   IMB SOCIETY                                 6.3100     107       1,000,000   BBB        20-12-06
06-09-06   IMB SOCIETY                                 6.3400     105         500,000   BBB        20-12-06
23-06-06   GREATER BUILDING SOCIETY (GRANGE)           6.2500     187         500,000   BBB        27-12-06
27-09-06   IMB SOCIETY                                 6.3000      98       1,500,000   BBB        03-01-07
10-10-06   L G FINANCIAL SERVICES                      6.3200      91       1,000,000   A          09-01-07
27-09-06   CITIBANK                                    6.2800     105       1,000,000   AA         10-01-07
27-09-06   BANKWEST                                    6.3400     112       1,000,000   A+         17-01-07
11-10-06   CITIBANK                                    6.2900      98         500,000   AA         17-01-07
18-10-06   IMB SOCIETY                                 6.3800      91       1,000,000   BBB        17-01-07
GOVERNANCE REPORT TO ORDINARY MEETING
OF COUNCIL HELD ON TUESDAY 19 DECEMBER 2006                                                       Page 42


G06/147        INVESTMENTS MADE AS AT 30 NOVEMBER 2006                                            99.3517


23-10-06   BANK OF QUEENSLAND (FRN MACQUARIE)          6.8250          92    1,012,478   BBB+         23-01-07
04-10-06   BANKWEST                                    6.3100         112    1,000,000   A+           24-01-07
28-09-06   CITIBANK                                    6.2900         125      500,000   AA           31-01-07
04-10-06   CITIBANK                                    6.2800         119    1,000,000   AA           31-01-07
29-11-06   CITIBANK                                    6.4300          70      500,000   AA           07-02-07
08-11-06   SUNCORP-METWAY                              6.4200          91      500,000   A            07-02-07
15-11-06   BANKWEST                                    6.4800          91    1,000,000   AA-          14-02-07
29-11-06   CITIBANK                                    6.4400          77      500,000   AA           14-02-07
22-11-06   CITIBANK                                    6.4200          91      500,000   AA           21-02-07
29-11-06   CITIBANK                                    6.4400          84      500,000   AA           21-02-07
29-11-06   BANKWEST                                    6.4700          91    1,000,000   A+           28-02-07
15-10-06   SOUTH AUSTRALIAN FINANCE ASSOCIATION        5.4800         182    1,017,857   AAA          15-10-07
15-10-06   TASMANIAN TREASURY CORPORATION              5.5300         182      984,587   AA+          15-10-07
20-09-06   NEWPORT AAA (GRANGE)                        7.2233          91      502,875   AAA(Fitch)   20-03-09
20-09-06   MAGNOLIA FINANCE I PLC FLINDERS (GRANGE)    7.5733          91    1,022,260   AA           20-03-09
20-09-06   TORQUAY 'AA' (GRANGE)                       7.4233          91      507,745   AA           20-06-09
25-09-06   SCARBOROUGH AA                              7.5000          89      507,280   AA           23-06-09
15-10-06   WEST AUSTRALIAN TREASURY CORPORATION        5.7900         182      523,154   AAA          15-10-09
20-09-06   PARKES AAA (GRANGE)                         7.2233          91      506,975   AAA          20-12-09
04-10-06   WOLLEMI 2005-1 TRUST CDO (WESTPAC)          7.1867          92      505,495   AAA          04-01-10
13-11-06   SAPPHIRE MBSECURITY (WESTPAC)               7.0000          91      504,790   A            12-10-10
20-09-06   HERALD LTD QUARTZ (GRANGE)                  7.7233          91      764,723   AA           20-12-10
01-11-06   SHIELD 21 HEDGE FUND (CBA)                 18.7700          30      582,415   AA-          28-02-11
25-10-06   HOME BUILDING SOCIETY (GRANGE)              7.3167          92      500,000   UNRATED      25-07-11
06-11-06   ENDEAVOUR AAA FRN (GRANGE)                  7.6900          91      990,215   AAA          04-08-11
29-09-06   BLAXLAND AA- CDO (GRANGE)                   7.6233          92      507,455   AA-          04-08-11
28-09-06   LONGREACH CP WHOLESALE FUND 1/2006         26.2700          94      506,350   AAAf         29-09-11
20-09-06   ESPERANCE AA+ (GRANGE)                      7.3233         91     1,014,140   AA+          20-03-13
25-09-06   BLUE GUM AA- (GRANGE)                       7.5500          88      508,850   AA-          22-06-13
03-11-06   LGFS COMMUNITY INCOME NOTES                 8.2206          47      503,266   AAA          02-11-16
                                                                            43,014,683

           WEIGHTED AVERAGE INTEREST %:                                       6.9772%
           AVERAGE 90 DAY BBSW:                                               6.3700%


           INVESTMENTS BY INSTITUTION


                            INSTITUTION               RISK       RATING     AMOUNT         % OF       POLICY
                                                      CODE                                TOTAL       LIMIT %

           BANKWEST                                   NRF       AA-          9,500,000        22.09    30%
           CITIBANK                                   NRF       AA           9,000,000        20.92    30%
           ENDEAVOUR AAA FRN (GRANGE)                 NRF       AAA           990,215          2.30     5%
           L G FINANCIAL SERVICE                      NRF       A            1,000,000         2.32    15%
           LONGREACH CP WHOLESALE FUND 1/2006         NRF       AAAf          506,350          1.18     5%
           NEWPORT AAA (Fitch) (GRANGE)               NRF       AAA           502,875          1.17     5%
           PARKES AAA (GRANGE)                        NRF       AAA           506,975          1.18     5%
           SUNCORP-METWAY                             NRF       A             500,000          1.16    30%
           WOLLEMI 2005-1 TRUST CDO (WESTPAC)         NRF       AAA           505,495          1.18     5%
           SOUTH AUSTRALIAN FINANCE ASSOCIATION       RF        AAA          1,017,857         2.37    30%
           TASMANIAN TREASURY CORPORATION             RF        AA+           984,587          2.29    30%
           WEST AUSTRALIAN TREASURY CORPORATION       RF        AAA           523,154          1.22    30%
           BANK OF QUEENSLAND (FRN MACQUARIE)         SLR       BBB+         1,012,478         2.35     5%
           BLAXLAND AA- CDO (GRANGE)                  SLR       AA-           507,455          1.18     5%
           BLUE GUM AA- (GRANGE)                      SLR       AA-           508,850          1.18     5%
           ESPERANCE AA+ (GRANGE)                     SLR       AA+          1,014,140         2.36     5%
           GRANGE ENHANCED CASH FUND                  SLR       AAf          1,025,902         2.39     5%
           GREATER BUILDING SOCIETY                   SLR       BBB           500,000          1.16     5%
GOVERNANCE REPORT TO ORDINARY MEETING
OF COUNCIL HELD ON TUESDAY 19 DECEMBER 2006                                 Page 43


G06/147   INVESTMENTS MADE AS AT 30 NOVEMBER 2006                           99.3517


      HERALD LTD QUARTZ (GRANGE)          SLR   AA          764,723      1.78   5%
      HOME BUILDING SOCIETY               SLR   UNRATED     500,000      1.16   5%
      IMB SOCIETY                         SLR   BBB        6,330,000    14.72   15%
      LGFS ETHICAL MANAGED FUND           SLR   A           586,611      1.36   5%
      LGFS EXPANDED CREDIT MANAGED FUND   SLR   A          1,602,527     3.73   5%
      MAGNOLIA FINANCE 1 PLC (GRANGE)     SLR   AA         1,022,260     2.38   5%
      SAPPHIRE MBS (WESTPAC)              SLR   A           504,790      1.17   5%
      SCARBOROUGH AA                      SLR   AA          507,280      1.18   5%
      SHIELD 21 HEDGE FUND (CBA)          SLR   AA-         582,415      1.35   5%
      TORQUAY AA (GRANGE)                 SLR   AA          507,745      1.18   5%
                                                          43,014,683   100.00


      RISK CODE PERCENTAGE


      RISK FREE                           RF               2,525,597     5.87   <30%
      NEAR RISK FREE                      NRF             24,023,401    55.85   100%
      SOME LIMITED RISK                   SLR             16,465,685    38.28   <40%
                                                          43,014,683   100.00
      INVESTMENT TYPE


      COLLATERALISED DEBT OBLIGATIONS                      7,841,278    18.23   <25%
      FLOATING RATE NOTES                                  1,512,478     3.52
      MORTGAGE BACKED SECURITIES                            504,790      1.17
      TERM DEPOSIT                                        24,500,000    56.96
      AT CALL DEPOSIT                                      2,330,000     5.42
      MANAGED FUND                                         3,213,929     7.47
      ETHICAL INVESTMENT MANAGED FUND                       586,611      1.36
      GOVERNMENT BONDS                                     2,525,597     5.87
                                                          43,014,683   100.00


      MATURITY PROFILE


      12 MTHS +                                            9,911,005    23.04   <40%
GOVERNANCE REPORT TO ORDINARY MEETING
OF COUNCIL HELD ON TUESDAY 19 DECEMBER 2006                                           Page 44


G06/147       INVESTMENTS MADE AS AT 30 NOVEMBER 2006                                 99.3517


RESTRICTIONS
The following table lists cash and investment restrictions as at 30 June 2006 audited financial
statements (unless otherwise stated).

RESTRICTED CASH AND INVESTMENTS

                                      Audited
                                      Closing balance
                                      @ 30/06/2006
                                         ($000’s)
External restrictions
Crown reserves (General)                          22
Crown Reserves (Loan Pool)                        87
Developer contributions                       13,894 30/11/2006
Waste management                                 174
Sewerage                                       1,081
Trees                                             67
Unexpended grants                              5,195
Unexpended Other Contributions                    10
Community Services Asset Rep                     214
Water supply                                   2,993

Total external restrictions                   23,737

Internal restrictions
Employee leave entitlements                    1,026
Works Income Equalisation Fund                   655
Infrastructure Fund                              159
Airport                                          101
Gravel Pits                                      137
Sports Liaison Management Committee               25
Management Committees                             83
Council Funded Loan Pool                         137
Unexpended general fund loans                     86

Total internal restrictions                    2,409

Total all restrictions                        26,146




RECOMMENDED
THAT the certification that the investments have been made in accordance with the Act, the
Regulations and Council's investment policies (noting the exceptions disclosed in the report),
in accordance with the provision of Clause 16(1)(b) of the Local Government (Financial
Management) Regulation 1999, be received and noted.

MILES CRAIGHEAD
EXECUTIVE MANAGER
FINANCE
GOVERNANCE REPORT TO ORDINARY MEETING OF COUNCIL
HELD ON TUESDAY 19 DECEMBER 2006                                                       Page 45


G06/148     MORUYA RIVERSIDE PARK - CENTRAL ART FEATURE                                 05.9670

SYNOPSIS
Three short-listed artists have developed their concepts for the Central Art Feature in Moruya
Riverside Park. Stage 4 of the project requires the selection of the successful artist. This
artist will then work with Council staff in the design and development stage prior to the
commissioning of the work.
BACKGROUND
The development of a Central Art Feature in Moruya Riverside Park comprises several stages
as follows:

Stage 1     Expressions of Interest
Stage 2     Short Listing from Expressions of Interest
Stage 3     Design Stage, Including the Preparation of Detailed Cost Estimates and
            Timeframes
Stage 4     Selection of Artist and Design
Stage 5     Design Development Stage
Stage 6     Commissions Stage.

Expressions of Interest were sought during July 2006 for artists interested in completing the
Central Art Feature for Moruya Riverside Park. Advertising was undertaken through the
following media: Bay Post; Moruya Examiner; Narooma News; The Independent; Sydney
Morning Herald Tender Section; Sydney Morning Herald Spectrum; Canberra Times;
Sculptors Society NSW Newsletter and Council’s website.

A brief was prepared and artists/sculptors were required to address specific criteria in
submitting their Expression of Interest. These criteria were weighted and used to assess the
34 Expressions of Interest that were received.

Council selected the following three artists at its Ordinary Meeting on 22 August 2006:

   Linda Seiffert
   Milne & Stonehouse
   Braddon Snape.

These artists have each developed their proposal for the Central Art Feature.
ISSUES
The Public Art Advisory Panel met on 7 December 2006 and assessed all of the proposals as
per the requirements of the brief provided to each of the artists.

Please refer to the confidential attachment for an assessment of each of the three proposals.
Legal
The Central Art Feature will be developed in accordance with the Artist’s contracts that have
been completed with advice from Pamille Berg, Public Art Consultant and Council’s
solicitors and made available to all artists/sculptors from the Expression of Interest Stage
(Stage 1).
GOVERNANCE REPORT TO ORDINARY MEETING OF COUNCIL
HELD ON TUESDAY 19 DECEMBER 2006                                                      Page 46


G06/148     MORUYA RIVERSIDE PARK - CENTRAL ART FEATURE                               05.9670


These contracts with the artists reserves Council’s right not proceed to the Commission Stage
(Stage 6) of the project if the developed design is not able to achieve Council’s requirements,
including, but not limited to budgetary, insurance, structural and other fabrication
considerations.
Policy
The Central Art Feature will be developed in accordance with Council’s Public Art Policy
which was adopted at the Ordinary Meeting of Council on 26 April 2006.
Asset
The Central Art Feature will be developed in accordance with Council’s requirements for risk
management and maintenance.
Social Impact
The development of the Central Art Feature has the potential to engage the community in a
meaningful way that responds to the site.

The brief for the development of the Central Art Feature requires that the work aim to become
a much-loved icon of the park for residents and visitors”. It is hoped that the work will be a
significant attraction for Moruya.
Community Consultation
The development of the Plan of Management for Riverside Park involved extensive
community consultation. Many submissions were received on the desire to include public art
in the park.
Strategic Links
The development of the Central Art Feature is consistent with the Plan of Management for
Riverside Park which was endorsed by Council on 13 September 2005 and has now been
adopted by the Minister for Lands.

Provision of Public Art to enhance community identity is identified in the Cultural and Social
Plans and the Management Plan.
Financial
Stages 1 - 4 (Selection of the artist to complete the project) is being funded by a $5,000
contribution from Council, a $500 contribution from South East Arts Region and a $10,000
contribution from Arts NSW.

It is anticipated that Stages 5 – 6 (Design Development and Commissioning) will be funded
jointly by Arts NSW and Eurobodalla Shire Council ($30,000 each) as well as additional
funding partners with a total budget of $72,000. An application for funds has been submitted
to Arts NSW to secure their contribution and notification of the outcome of the application is
expected in mid December 2006.
GOVERNANCE REPORT TO ORDINARY MEETING OF COUNCIL
HELD ON TUESDAY 19 DECEMBER 2006                                                        Page 47


G06/148     MORUYA RIVERSIDE PARK - CENTRAL ART FEATURE                                 05.9670

CONCLUSION

The panel views that the commissioning of this first public art work is very significant for the
community of Eurobodalla Shire. The proposal named in the confidential attachment best
meets the criteria established in the brief. The work has the potential to become a much loved
‘icon’ of Moruya Riverside Park and the wider region.

RECOMMENDED

THAT:

1.     The concept proposal for Moruya Riverside Park’s Central Art Feature as recommended
       by the Public Art Advisory Panel and named in the confidential attachment be approved
       to progress to the Design Development Stage (Stage 5), subject to the confirmation of
       grant funds.

2.     Council note that the design is yet to progress to the detailed Design Development Stage
       which may result in significant changes to the initial proposal in order to meet technical
       and budget constraints.

3.     The successful artist/s named in the confidential attachment be advised of their success
       and be engaged to progress to the Design Development Stage of the project, subject to
       the confirmation of grant funds.

4.     If funding is available for the Design Development Stage, Council’s Public Art
       Advisory Panel assess the completed Design Development and provide a
       recommendation to Council of whether or not to proceed to the Commission Stage
       (Stage 6).

5.     The unsuccessful artists be thanked for their considered proposals.



ANDREW PARKINSON
EXECUTIVE MANAGER
STRATEGIC PLANNING AND DESIGN

Clrs
NOTICE OF MOTION TO ORDINARY MEETING OF COUNCIL
HELD ON TUESDAY 19 DECEMBER 2006                                                      Page 48


NM06/13 TRANSPORT FOR VOLUNTEERS                                             01.5687; 00.4623


SYNOPSIS
On Monday 4 December 2006, all Councillors were invited to visit the Botanic Gardens at
Deep Creek near Mogo to meet many of the Volunteers who, over time, have done the
majority of the work that make the Shire’s Botanic Gardens what they are at the present time.
I must say they are impressive and everyone involved in the project to date deserves credit.

During discussions while we were having lunch with the group, some of those there who
came from the southern end of the Shire (Narooma area) were discussing the difficulty at
times of getting to the Gardens.

It occurred to me during the discussions that it could be possible for Council on occasions to
run one of the community buses to assist in getting the Volunteers and perhaps some who
would just like to visit the Botanic Gardens who don’t have their own means of transport, to
the Gardens a few times a year from all over the Shire.

I therefore would like to suggest that Council investigate opportunities of assisting those who
could be interested in visiting the Botanic Gardens through the use of Community Transport
buses that it owns and operates for day trips on a regular basis.




COUNCILLOR ALLAN BROWN

				
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