Ordinary Meeting



Meeting Date:     Tuesday, 27 March, 2018

Location:            Council Chambers, City Administrative Building, Bridge Road, Nowra

Time:                   5.00pm


Membership (Quorum - 7)

All Councillors





Addendum Agenda



CL18.74....... Planning for current and future funding opportunities.................................... 1

CL18.76....... Local Government Conference - 2018 National General Assembly of Local Government - Proposed Motions................................................................. 13

CL18.75....... Encroachment onto Public Reserve - 1 Walton Way Currarong................. 18                           




Addendum Agenda - Ordinary Meeting – Tuesday 27 March 2018

Page 1



CL18.74     Planning for current and future funding opportunities


HPERM Ref:       D18/93253


Group:                General Manager's Group 

Section:              Economic Development 

Attachments:     1.  RCC - Stronger Country Communities Fund   

Purpose / Summary

1.   To seek some direction from Council for projects to be submitted under several grant programs.

2.   To alert Council to the pressing need to better resource the organisation, and budget, to be able to prepare projects to a “shovel ready” stage to enable a stronger case in the various grant programs at a Federal and State government level.



1.    That Council note the report for consideration during the budget discussions for 2018/19 especially related to funding projects to progress to “shovel ready” stage;

2.    That the following projects be worked up for submission as an EoI under the specific programs as soon as possible:

a.    Regional Growth Fund (Australia)

i.     No Council project, but support be given to other organisations submitting projects for development within the Shoalhaven & wider region

b.    Growing Local Economies (NSW)

i.     Council’s Industrial estate development program and ancillary works (eg NBN to AATP, Sth Nowra roads, )

ii.     Nowra Key Road Projects

c.    Stronger Country Communities Fund (NSW)

i.     As listed in the attachment to the report

d.    Heavy Vehicle Safety Productivity Program (Aust) & Fixing Country Roads (NSW)

i.     Slaughterhouse Rd, Milton

ii.     Yalwal Rd intersection with Albatross Rd and upgrade of Yalwal Rd to Flat Rock Dam.

iii.    Projects within the Nowra Key Road Projects

e.    Regional Sports Infrastructure Fund

i)          No Council project, but support be given to any sporting association wishing to submit an application for a project on council sports fields or facilities;

3.    Other projects to be added to the above list for future funding applications once worked up to a sufficient level to support an application.




1.    As recommended

2.    That council identify immediate needs and provide direction accordingly.



In many respects there is a “flood of money” becoming available through various grant programs from both the State and Federal Governments.  Council needs to prepare a strategic response to identify priority projects and to have the documentation and approvals in place to ensure that the priority projects are shovel ready. 


With regard to major applications, Council has the following still under consideration by Government:

·    Building Better Regions 2:

Converting a decommissioned asset into employment land at Ulladulla

Nowra Revitalisation Project

·    Restart NSW Regional Growth – Environment and Tourism Round 1

Shoalhaven Heads River Road Foreshore Precinct.

Recently two projects were approved under the South Coast Regional Jobs Initiative.


An overview of the major funding programs open to Council at this time is outlined below.


Regional Growth Fund (Australia) – one round only




·    Closing date - 27/4/2018 – EoI due

·    Total four year funding pool is $272.2M

·    Minimum grant funding request $10M ($20m project)

·    50% funding contribution required – cash

·    This is a competitive funding program across Australia

Estimated time to prepare an EoI - 40 hours




“for major transformational projects which support long-term economic growth and create jobs in regions undergoing structural adjustment”


·    The Program will fund projects across a range of key economic categories including, but not limited to: transport and communications, tourism, manufacturing and primary industries.

·    The Program will fund projects that are for ‘common-use’ infrastructure or private use infrastructure that will deliver significant and sustainable benefits to the region by creating jobs and flow-on benefits to the economy. E.g.

Freight hubs


Ports and terminals

Civil works for a new development

Sewerage system, dams, water reservoirs, pipelines

Gas pipelines

Communication infrastructure

Integrated tourism activities and assets that enhance and support Australia’s regional tourism experience

·    The Program is open to state and territory governments, local governments, the private sector and not-for-profit organisations.

·    Must be ready to commence within 12 weeks of entering funding agreement (need to assume mid-late 2018)

Merit criteria

·    Create Jobs (20 points)

·    Drive Economic Growth (20 points)

·    Build Stronger Regional Communities (10 points)


Projects will need to be investment ready with all additional funding confirmed, required regulatory and/or development approvals identified, local, state or territory government support confirmed and will need to demonstrate robust planning, in order to commence following execution of a Grant Agreement.


Stage 2 application MUST include ALL regulatory approvals.


Estimated time to prepare EoI - 40 hours

To work up the final application after it has been accepted under the EoI stage will take approximately 50-75 hours for each project.


Examples of industry projects that council may support:


·    Shaolin Temple – Grant guidelines have been forwarded to Shaolin project group

·    A transport intermodal at Bomaderry – Manildra have the approval, Grant guidelines have been forwarded


Growing Local Economies (NSW)




This program was announced in late 2017 and a councillor/stakeholder workshop was held with consultants engaged by the State to prepare a Regional Economic Development Strategy. A draft Regional Economic Development Sstrategy has been received and a report is being prepared.


·    The Shoalhaven has a substantial $ allocation, not yet publicly announced.

·    Minimum project size $1M

·    This funding program is not competitive outside Shoalhaven but criteria and BCR >1 must be met.

·    Need to submit applications in as soon as possible



·    Have the capacity to deliver jobs and economic growth

·    help regional communities capitalise on their strengths or broaden and reposition their industry base

·    demonstrate benefits beyond one organisation

·    align with state and regional priorities and achieve Benefit to Cost Ratio greater than 1.0.

·    Project applications eligible from local government; Aboriginal Land Councils and other Aboriginal and Torres Strait Islander groups; infrastructure providers, such as telecommunication firms; incorporated associations, including business, industry and community organisations; cooperatives; educational institutions and non–government organisations. Partnerships between groups are encouraged.

·    Two step application process

·    Infrastructure that will improve economic growth and productivity


Estimated time to prepare EoI – 25-30 hours


Suggested projects

Worked up and ready to go:

·    Woollamia Stage 5 Industrial Estate – DA approved, lot layout complete, ready to commence work, meets objectives of grant

·    Flinders Stage 10 – DA approved, in process of finalising lot layout, ready to commence work, meets objectives of grant.

·    Decommissioning the Ulladulla STP & creating an industrial subdivision – business case worked up and ready to go, meets objectives of grant.

·    South Nowra Rest Area (may be difficult to demonstrate BCR > 1.0) - business case worked up

·    Rail upgrades – Bomaderry signals, Berry to Bomaderry upgrade, Passing loops on Moss Vale Line, Unanderra siding, Dunmore siding – all lodged by Manildra under Fixing Country Rail

Projects being worked up from concept phase but eligibility and CBA to be tested:

·    Yalwal Road/Albatross Rd intersection upgrade & upgrade to Yalwal Rd.

·    South Nowra Industrial Roads (may fit better under Fixing Country Roads) but designs, costings to be developed

·    Utility upgrades to various commercial centres – Huskisson, Milton and new URAs

·    Road upgrades – linkages to Hume Hwy; Nowra internal road network, first/last mile to industry;

·    Health infrastructure – working with ISLAHS on Nowra campus

·    NBN (fibre) to AATP

·    Masterplan for Nowra waterfront

·    Masterplan for Stewart Place, followed by business case for development

·    Makeover of Vincentia Plaza

·    Ulladulla CBD upgrade – finish boardwalk

·    Construct a new ‘Bay and Basin’ civic centre and council service hub, Vincentia.

·    ….

To work up the final application after it has been accepted under the EoI stage will take approximately 50-75 hours for each project.


Stronger Country Communities Fund (NSW)




·    Opened 12 March 2018

·    Close 4 May 2018

·    $937,691 was made available in Round 1 for Chris Creek;

·    $2,729,422 is available to SCC for Round 2; This fund is not competitive within Shoalhaven, but project criteria must be met.

·    Councils are expected to work with sporting and other community groups to identify priority projects and submit applications on behalf of these organisations;

·    Applications seeking between $50,000 and $1 million can be for the entire project cost as a grant. Projects requiring grant funding of over $1 million will only be considered where there is a minimum financial co-contribution towards the project of 25 per cent of the total grant amount.  The financial co-contribution to the project can be from council or other funding sources, but must be confirmed.

·    For general community amenity and local sporting infrastructure Projects;

·    Projects must be for:

construction of new or refurbishment/upgrade of existing community infrastructure

construction of new or refurbishment/upgrade of existing local sporting infrastructure

capital works related to street beautification and public ‘place making’.

·    Councils are required to submit sport-related projects that total at least 50 per cent of their total Round Two allocation.

·    Project examples include:

Community halls

Indoor sports facilities

Town and tourism signage

Aquatic facilities and pools

Accessibility upgrades

Playgrounds and parks

Memorials or statues


Attached to this report is a list of projects to be submitted by Council under this program.


Heavy Vehicle Safety Productivity Program (Australia)


The Heavy Vehicle Safety and Productivity Program (HVSPP) is an Australian Government initiative to fund infrastructure projects that improve productivity and safety outcomes of heavy vehicle operations across Australia.


·    HVSPP funds are being used to upgrade the Sth Nowra Freight Corridor – Flinders Rd

·    Round 6 closes - 30 March 2018

·    $40M per year committed

·    Max $5M per project

·    50% funding contribution required

·    This is a competitive funding program across Australia

·    Construction must commence by the 1st July 2019.  Construction means on ground works at project site

·    The following types of projects are eligible for funding:

rest areas

parking/decoupling bays

technology trials o road enhancements

demonstration projects

livestock vehicle effluent collection and treatment facilities (provided such a facility is associated with a road and access is similar to that of a traditional rest area)

·    Evidence required includes (independent evidence is highly regarded):

Annual average daily traffic (AADT) readings.

Executive summary page of Quantity Surveyor costing.

Letters from local business providing data on current and future usage, or restrictions in increasing usage.

Geo-spatial maps of agricultural usage surrounding the area.

Executive summary or selected pages of regional strategic plans referencing the route.

Maps showing alternative routes if the road is not available.


Estimated time to prepare application – 30-50 hours


Suggested project:


·    Yalwal Road intersection & Yalwal Rd upgrade to Flat Rock Dam


Fixing Country Roads (NSW)

Fixing Country Roads is a key NSW Government program for unlocking the economic potential of regional NSW by building efficient freight transport networks to reduce costs for businesses.

Fixing Country Roads provides targeted funding to local councils to better connect Local and Regional roads to key freight hubs and State Roads. These hubs might include silos, saleyards, rail heads, supermarket distribution centres, industrial parks and depots.

·    FCR funds are being used to upgrade the Sth Nowra Freight Corridor – Flinders Rd

·    Can apply for funding at any time (new initiative)

·    Guidelines are currently being reviewed.  Previously required a 50% contribution.

·    Can be matched with federal government HVSPP funding

·    Will need traffic unit information and industry support

·    Applications will be assessed for eligibility against the following four program criteria:

Access, Productivity and Safety Benefits

Growth and Economic Benefits

Strategic Alignment

Deliverability and Affordability

·    This is a competitive funding program across NSW


Suggested projects:

·    Project identified in the Nowra Key Road Projects

Moss Vale Rd duplication

PH Upgrade – Cambewarra Rd to Warra Warra Rd


Kalandar ST intersection

Yalwal Rd Upgrade

·    Sth Nowra Industrial links – Bellevue, Central to Sextant

·    Slaughterhouse Rd, Milton


Other funding programs include:

Coastal & Estuary grants

Public Reserves fund

Better Boating

Various community type grants

And many more


Regional Sports infrastructure Fund



·    Expression of Interest due 4 May 2018

·    Shortlisted projects notified in June 2018

·    Detailed application or business case due end of August 2018




Funding provided in 2 categories:

Regional Sports Hubs

Regionally Significant Sports Facilities


Funding Purpose:

·    The fund will increase the number and type of regional sporting facilities

·    Improve the standard of existing regional sporting facilities

·    Increase participation in sport


Funding Criteria:

·    Provides funding for projects between $1 million - $10 million

·    A minimum co-contribution towards the project of 25% (unless financial hardship can be demonstrated)

·    Funding spent within 3 years of approval being granted

·    Projects involving partnerships between groups are encouraged




NSW state sporting organisations

Incorporated, community based, not for profit sporting organisations (clubs and associations) and organisation providing programs that benefit the community – e.g. PCYC’s, YMCA’s etc

TAFE / Universities

Private enterprise


Land – Eligibility

·    Projects must be on land (and clubs / organisations must have evidence of tenure) that is:

Crown Reserve land

LGA owned

Land held for public purposes

Land vested in ALC’s

Private land that benefits the community’s interests in sport and recreation


Priority for funding:

·    To establish regional sporting hubs

·    To enhance or establish regionally significant sporting facilities

·    To enable multi-use – used by more than one sporting code

·    Alignment with facility plans of State and / or National sporting organisations

·    Financially sustainable and provide infrastructure that enables economic growth

·    Increasing participation opportunities in sport


Council currently does not have any projects that meet the requirements of this funding program, however, Council staff have held discussions with representatives from the Office of Sport of two (2) potential projects that are led by the relevant sports organisations in the Shoalhaven who have approached Council, that could be submitted as Expression of Interests.


Staff will hold further discussions with Shoalhaven District Football Association and Shoalhaven Mariners Baseball for developments at Ison Park to include:


·    Replacement amenities block,

·    Upgrade of floodlighting to LED -  this will floodlighting to enable a higher standard of competition to be held at the venue

·    Installation of floodlighting – baseball field

·    Installation of batting cages – baseball field

Additionally Council has received representation for four (4) Tennis Clubs who currently lease facilities from Council to develop their sites and enhance their facilities further for the benefit of their members.  The Office of Sport and indicated that potentially this could be a partnership application by Tennis in the Shoalhaven to develop and improve facilities for tennis across the Shoalhaven.  Council staff will hold further discussion with Shoalhaven District Tennis Association Incorporated -  Narang Road Tennis Complex, Kangaroo Valley Tennis Club Inc, One Door Mental Health - West Street Nowra   Milton-Ulladulla District Tennis Association Incorporated.

The developments sought include:

Narang Road:

·    Club House Improvement

·    Seating & Shade

Kangaroo Valley:

·    Floodlighting

West Street:

·    Accessibility upgrade to amenities

Milton Ulladulla:

·    Fencing

·    Lighting

·    Landscaping

·    Seating

·    Outdoor Fitness equipment

Council has also been approached by the Dunn Lewis Centre in Ulladulla; their application under Round 1 of the Regional Sporting Infrastructure Program has passed to the next stage of this funding program and they are seeking a letter of support from Council. A letter will be provided.



Many of these grant opportunities are highly competitive and Council needs to ensure that we are ready to take advantage of strategic opportunities as they arise. The selection of projects that are “best fit” against criteria is also important.

Council may support some projects that are reasonably advanced in planning stages and also consider funding in the 2018/19 budget to enable other projects to proceed to detailed design and ‘shovel ready’ stages.

Community Engagement

No community engagement has occurred specifically to this report however the individual projects mentioned have had varying degrees of community engagement in recent years.

Financial Implications

This will be dependent on the projects selected. Proposed to use existing program budgets whereever possible as council’s co-contribution.

Risk Implications

Without adequate forward planning and budgeting to progress key strategic projects to a ‘shovel ready’ stage the risk is council not being able to attract grant funds.



Addendum Agenda - Ordinary Meeting – Tuesday 27 March 2018

Page 12


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Addendum Agenda - Ordinary Meeting – Tuesday 27 March 2018

Page 17



CL18.76     Local Government Conference - 2018 National General Assembly of Local Government - Proposed Motions


HPERM Ref:       D18/98970


Group:                Finance Corporate & Community Services Group 

Section:              Human Resources, Governance & Customer Service



Purpose / Summary

This report details Council’s proposed Motions to be submitted to the Australian Local Government Association – 2018 National General Assembly scheduled for 17 to 20 June 2018 in the National Convention Centre Canberra, ACT. Motions are required to be submitted by 30 March 2018.


Recommendation (Item to be determined under delegated authority)

That Council endorse the nine (9) motions as detailed in this report for submission to the Australian Local Government Association – 2018 National Assembly.




1.    As per the recommendation

Implications: The Motions and supporting text are finalised and ready for submission prior to the deadline.


2.    That alternate Motions be presented for consideration.

Implications: Motions are required to be submitted by 30 March 2017. In order for the deadline to be reached both the motion and supporting text will be required.



A Councillor Briefing was held Thursday 8 March 2018 to discuss draft Motions for submission.

Further, at the Strategy and Assets Meeting of the Council held on 20 March 2018, Council resolved in relation to Report SA.65 National General Assembly (MIN18.178) as follows:

“That Council:

1.   Notes the details of the National General Assembly of Local Government scheduled for 17-20 June 2018 in Canberra.

2.  Authorises available Councillors to attend the conference and such attendance be deemed Council Business.

3.  Travel, registration fees, accommodation and all reasonable out-of-pocket expenses be met in accordance with its adopted policy.

4.  That Councillor Findley be determined as the Council voting delegate for the conference and Councillor Gash as alternate delegate.”


The Nine (9) motions proposed for submission arising from the briefing and the Council Resolution are as follows:




That the Australian Government establish a consistent national policy for the management of risks posed by coastal hazards, including sea level rise.

National Objective:

This impacts upon all Coastal Councils in Australia

Summary of Key Arguments:

The Australian Coastal Councils Association have recently (February 2018 newsletter) called on the Australian Government to ‘play a leadership role’ to protect the coastal zone from the imminent threat of a changing climate’, arguing that, now more than ever, a national, coordinated approach with national funding is needed.  


In 2009, a bi-partisan House of Representative Committee recommended that the Australian Government develop on Intergovernmental Agreement on the Coast Zone with state and local government and that it form the basis for a National Coastal Zone Policy.


On the south coast of NSW we are now seeing the anomalous outcome of the absence of a coordinated climate change/ sea level rise policy. For example:

·    Wollongong City Council recently had their Coastal Zone Management Plan certified using sea level rise figures of 0.4m by 2050 and 0.9m by 2100. These are the same figures provided by the NSW Government in 2009 and withdrawn in 2012.

·    Shoalhaven City Council has adopted sea level rise figures of 0.23m by 2050 and 0.36m by 2100.

·    Eurobodalla Council has adopted sea level rise figures of 0.23m by 2050 and 0.72m by 2100.





Wollongong City Council



Shoalhaven City Council



Eurobodalla Shire Council








Coastal Councils cannot coherently and safely manage the risks posed by coastal hazards, including seal level rise, with such a variance of sea level rise figures along one relatively short stretch of coastline. A national, cohesive policy is needed.





That Federal Funding be provided on first and last mile projects.

National Objective:

Freight movement is key to the economic performance in all areas. Transport technologies are advancing. Local government road assets form the last/first mile and are not at a level of service to suit the heavier weights, truck configurations and other technologies that industry logistic chains are adopting to meet advances in national heavy vehicle standards.

Summary of Key Arguments:

As heavy vehicle technologies improve, the road assets need to improve to accommodate these new configurations that deliver productivity gains to industry. Intersections, roundabouts, pavements designed and built decades ago do not meet the needs of the modern truck fleet.

Widening of pavements, providing slip lanes at intersections, strengthening culverts and bridges are essential on the local government network used by heavy vehicles. Higher Mass limited vehicles bring safety and productivity improvements to industry, the road network needs to be compliant with this standard where necessary.

All State and National road networks need to meet this Higher Mass Limit (HML) standard. Funding to improve the local government network should be provided on a project by project basis under programs such as the Heavy Vehicle Safety Productivity Program.




That the Federal Government be called upon to officially recognise the Princes Highway as a Highway of National Importance as a major freight and tourist route

National Objective:

The roadway is of significant importance to the nation.

Summary of Key Arguments:

The Princes Highway is the longest national highway in the world at a total length of approximately 14,500 km. It carries freight, holds large international economic significance and is a major tourism route. 


This motion supports the South East Australia Transport Strategy Inc (SEATS), petition for the recognition of the Princes Highway and urgent funding required for the development and upkeep of this vital transport network. The petition calls on the Federal Government to officially recognise the importance of the Princes Highway between East Sale and Wollongong as a major freight and tourist route, and to commit additional and ongoing funding to address the condition of this vital transport network, which covers over 739 kms.


There has been a significant increase in traffic using the Princes Highway and upgrades are the key to the development, growth, sustainability and improved safety for the region. This is a region of approximately 2 million people, a key tourism destination and one of the fastest growing regions in Australia. Recognition of the importance of the Princes Highway as a main arterial roadway will provide the same resourcing that other national road networks have received for many decades.





That the Federal Government facilitate and provide incentives to improve Mobile Phone Network coverage and reliability to cover all areas of infrastructure.

National Objective:

Mobile phone voice and data services are now fundamental to support businesses and the welfare of the population of the Nation in general. The availability of coverage improves efficiency, the ability to undertake business, provides security and safety for residents and visitors to all local government areas.

Summary of Key Arguments:

Mobile Phone Networks are increasingly important facilities for our communities, we rely upon them for a variety of services, including:

·    Security and monitoring of Council infrastructure;

·    An Increasing reliance on Internet of Things (IOT) for operational and business purposes for remote sites;

·    Emergency events, as the general public are reliant on mobile networks, particularly when they are not at home or work;

·    Equity issues and the ability of all people to access communications, including access to the internet; and

·    Ability for travellers to have access to communications for safety and remaining connected.


Federal facilitation and incentivisation of mobile phone networks is required to achieve quality service and coverage across the nation.  


5.  CODE OF ACCOUNTING - Infrastructure Asset Indicators


That the Federal Government set National Codes of Accounting Practice for Councils and set standards to achieve auditable information as indicators for Infrastructure Assets.

National Objective:

To ensure that grant funding allocated to Councils to address Infrastructure renewal and maintenance is based on auditable and national standardised indicators.

Summary of Key Arguments:

Councils in each state of Australia apply a state based Code of Accounting Practice in the preparation of Financial Statements. The Statements include indicators of Infrastructure Renewal (in New South Wales, this is outlined in Special Schedule 7).  There are differences in the methodology of indicators across the Standards and not all of the information provided is auditable, in that some indicators relating to Assets are based on estimates. The support of Councils in the renewal and maintenance of assets is of great importance and the information used to determine funding levels and financial prosperity of Councils needs to be both comparative and auditable to ensure federal funds are allocated effectively. 




That the Federal Government be called upon to provide funding to ensure that Local Government information technology is strong, secure and resilient.

National Objective:

Efficient councils are essential to provide services to the community. Councils rely on information technology (IT) to improve efficiency and deliver many services, therefore having effective, secure and resilient IT is essential to support these services.

Summary of Key Arguments:

Councils provide IT services in a demanding environment with very limited resources. With constant demand and an ever changing IT environment, delivering services securely and reliably is a significant and costly outlay on council budgets. Federal funding will directly provide improved services for the community.




That in view of the collapse of the market for recyclables, the Federal Government develop industries to utilise those recyclables.

National Objective:

Every Local Government area in Australia collects large quantities of mixed recyclable materials from their residents every week.  China’s crackdown on accepting recyclables that are not 99.5% pure has halted exports of these materials to China.  Within Australia there is very little capacity to process recyclable materials into higher order products, so the recyclables industry is in crisis with materials being collected every week with nowhere to take them.  It is critical for Australia to start developing its own recyclables processing industry to reduce our reliance on external countries.

Summary of Key Arguments:

For at least the past decade the Chinese market for mixed recyclables has been a ready acceptance path for these materials.  The prices paid were high.  It became more cost effective to do a low level sort, bale the material to a level where 10% contamination is acceptable and ship these bales to China for processing, than to sort into nearly pure products.  So every Materials Recovery Facility (MRF) in Australia was set up to cater for a low quality sort, and most of the higher end processors in Australia closed businesses which couldn’t compete in such a market.  This all changed in March 2018.  The Chinese government has declared a crackdown on “importing other countries waste” and have legislated that recyclable materials need to be 99.5% pure before they are accepted in China (known as the Chinese Sword or alternatively as Blue Sky 2018).  In the meantime the capacity for processing recyclables in Australia has been lost. 




That Regional Development Associations be reviewed to ensure geographical alignment with Local Government Joint Association or Regional Organisation boundaries.

National Objective:

Regional boundaries, as applying to Regional Development Australia differ at times with boundaries for planning regions, government administrative regions, regional local government collectives and the like.

There needs to be some alignment of boundaries to achieve consensus of position on matters of vital interest to the regional communities.

Summary of Key Arguments:

A Regional Development Association can be placed in different regions with regard to different state and federal administrative functions. This misalignment can have a local Council having to take a differing consensus positions depending on the adopted position of the Regional body. “Better” alignment would assist in agencies and Councils working more collaboratively to gain support for projects.

Differing boundaries and consensus positions allows the higher levels of government to use the lack of consensus to break down and weaken what otherwise may be a strong lobbying position.




That the Federal Government develop a scheme and overall Gross Pollutant Trap Strategy for the Nation

National Objective:

Federal direction is required to develop and implement standard and innovative approaches to stormwater management across the nation.

Summary of Key Arguments:

The water quality of groundwater, streams, rivers, and marine environments is dramatically affected by human activities. Marine plastic pollution is a huge problem affecting all of the world’s oceans. 


A key part of addressing these problems and maintaining water quality is the removal of gross pollutants from storm runoff before they enter waterways Once gross pollutants, such as litter, debris, and food matter, have been washed into the waterway, they pose a serious threat to the ecosystem.


A national scheme to support Councils in the consistent implementation of Gross Pollutant Traps and other stormwater treatment devices is imperative to manage the quality and quantity of stormwater at the source.



Addendum Agenda - Ordinary Meeting – Tuesday 27 March 2018

Page 20



CL18.75     Encroachment onto Public Reserve - 1 Walton Way Currarong


HPERM Ref:       D18/96988


Group:                Assets & Works Group 

Section:              Business & Property 

Attachments:     1.  Report - Encroachment onto Public Reserve - 1 Walton Way, Currarong - Strategy & Assets Committee - 20 March 2018

2.  Letter from PDC Lawyers   

Purpose / Summary

A report on the encroachment onto community land described as Dolphin Reserve at Currarong was submitted to the Strategy & Assets Committee for consideration at its meeting on 20 March 2018 (Attachment 1).

The Committee resolved that the item be deferred to the next Ordinary meeting (of Council) “…pending further legal advice on the transfer of the title.”

Advice has now been received from Mr Paul Magagnino, Managing Partner at Kells.

This report builds on the report presented to the Strategy & Assets Committee for consideration at its meeting on 20 March 2018.



That Council resolves to:

1.    Support an application by the owner of Lot 220 DP 16854 at 1 Walton Way Currarong, Robin Nicholas Graham, to the Land and Environment Court of New South Wales for an order under the Encroachment of Buildings Act 1922 that an easement right be created in relation to the encroachment onto Council owned land known as Dolphin Reserve at Currarong comprised in Lot 222 DP 16584 and shown by hatching on Attachment “A” provided that compensation in the form of the market value of the easement right is payable to Council, all costs are met by the applicant and that the easement is to be extinguished upon demolition of the building which forms the encroachment;

2.    Take no action in relation to the other encroachments onto Dolphin Reserve in the form of fencing adjacent to the western boundaries of properties at 3 to 9 Walton Way inclusive other than to acknowledge the encroachments and to inform the registered proprietors of those properties that Council requires that fencing be relocated to the surveyed boundaries whenever the properties are redeveloped for any reason; and

3.    Grant authority to affix the Common Seal of the Council of the City of Shoalhaven to any document required to be sealed and to delegate to the General Manager the authority required to finalise this matter including, if required, any submission to the Land and Environment Court of New South Wales in relation to an application for orders under the Encroachment of Buildings Act 1922 in (1) above.



1.    Proceed in accordance with the recommendation.

Implications.   This will deliver a compromise solution to the problem of an encroachment onto public land which does not adversely impact the long term public interest and which provides certainty that the encroachment will be removed when the building is demolished because it is has reached the end of its useful life and/or is to be redeveloped.

2.    That Council support an application to the Land and Environment Court for an order that the land affected by the encroachment of Lot 220 DP 16854 at 1 Walton Way Currarong be sold to the owner of that Lot.

Implications.  Community land will become privately owned if the order is issued by the court. The issue of compensation would be determined by the court.

3.    That Council order the removal of all encroachments onto Dolphin Reserve, Currarong without delay and authorise the General Manager to negotiate the cost of new fencing with the owners of the land that encroach onto the reserve.

Implications. The owners of the properties at 1 to 9 Walton Way inclusive will be required to pay for the cost of the removal of fencing and other structures AND to install new fencing on the correct alignment as confirmed by survey (Council may have to pay half the cost of the new fencing estimated at $4,000).

Should the owners of the land that encroaches onto Dolphin Reserve seek legal action to prevent this, specific advice would be sought in relation to that action and this could be considered at a future Council meeting.

4.    That Council take no action in relation to the encroachments onto public land comprising part of Dolphin Reserve at Currarong, as the encroachments are generally accepted by the local community.

Implications. This would create a precedent that could impact on Council’s dealings with other encroachments as they are identified.

Dolphin Reserve is community land categorised under the Local Government Act 1993 as “Park”. The adopted generic plan of management for parks is opposed to alienation of public land and promotes the removal of existing encroachments. This resolution if adopted would require a review of the generic plan of management and the fundamental objectives of the plan which is currently that public land is to remain public.

5.    That the land affected by the encroachments by the properties at 1 to 9 Walton Way (inclusive) be sold to the adjoining owners. Council will have to reclassify the land affected by the encroachments to “operational” land pursuant to a planning proposal under the Environmental Planning and Assessment Act 1979 and authorise the General Manager to take the necessary actions to facilitate this process.

Implications. Community land will become privately owned and this would create a precedent that could impact on Council’s dealings with other encroachments as they are identified.


A report on the encroachment onto community land described as Dolphin Reserve at Currarong was submitted to the Strategy & Assets Committee for consideration at its meeting on 20 March 2018 (Attachment 1).


The Committee resolved that the item be deferred to the next Ordinary meeting (of Council) “…pending further legal advice on the transfer of the title.”


Advice has now been received from Mr Paul Magagnino, Managing Partner at Kells as follows:


“Councils only real option to sell part of the land is to consider reclassification of that part of the land with an encroachment. That process is of course time consuming and probably not in the public interest.


The easement option is a valid option for Council as it at least formalises the rights for the owner of the adjoining property and it also closes the matter for Council, at least for now. The beauty is that there is no reclassification, no sale and an ability for the easement to one day be extinguished.


So Council could consent to the easement order with conditions including:


1.   Compensation

2.    Costs and

3.    A condition that the easement is not granted in perpetuity but instead the land rights revert to Council without easement when and if the encroaching improvements are ever demolished.”

Having considered this advice, the recommendation to Strategy & Assets Committee is recommitted for consideration by Council.


If Council resolves to adopt the recommendation, any submission to the Land and Environment Court including letters of support, will make clear representations in terms of compensation, costs and extinguishment of the easement whenever the encroaching improvements are removed and/or demolished.




Addendum Agenda - Ordinary Meeting – Tuesday 27 March 2018

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Addendum Agenda - Ordinary Meeting – Tuesday 27 March 2018

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