Agenda of Extra Ordinary Meeting

Extra Ordinary Meeting

Meeting Date: Tuesday, 05 May, 2020

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

Time: At the conclusion of the Development & Environment Committee

Membership (Quorum - 7)

All Councillors

Please note: The proceedings of this meeting (including presentations, deputations and debate) will be webcast and may be recorded and broadcast under the provisions of the Code of Meeting Practice. Your attendance at this meeting is taken as consent to the possibility that your image and/or voice may be recorded and broadcast to the public.

Agenda

1. Apologies / Leave of Absence

2. Declarations of Interest

3. Notices of Motion / Questions on Notice

Notices of Motion / Questions on Notice

CL20.79....... Notice of Motion - Pathway from Bomaderry Train Station to Bomaderry Indoor Sports Stadium........................................................................................................... 1

CL20.80....... Notice of Motion - International Inquiry - COVID 19...................................... 3

CL20.81....... Notice of Motion - State Government Approval for Coal Mining under Woronora River Catchment...................................................................................................... 4

4. Committee Reports

CL20.82....... Report of the Strategy & Assets Committee - 10 March 2020...................... 6

SA20.33...... Outcome of Trial Winter Operations - Huskisson & Ulladulla Sea Pools

CL20.100..... Report of the Strategy & Assets Committee - 21 April 2020......................... 7

SA20.53...... Policy Amendment - Creation of an Asset Protection Zone (APZ) over Council Owned or Managed Land

CL20.84....... Report of the Shoalhaven Arts Board - 27 February 2020............................ 8

AB20.10...... District Library at Sanctuary Point - Progress Report

CL20.101..... Report of the Inclusion & Access Advisory Group - 16 March 2020............. 9

IA20.5.......... White Sands - Lift and Change Facility

5. Reports

Finance Corporate & Community Services

CL20.92....... Modification of statutory requirements in response to the COVID-19 pandemic 11

CL20.93....... COVID 19 Workplace Health and Safety Response................................... 16

CL20.95....... Investment Report - March 2020.................................................................. 29

Planning Environment & Development

CL20.59....... Petition asking Council to declare a climate emergency in the Shoalhaven 35

Extra Ordinary Meeting – Tuesday 05 May 2020

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CL20.79 Notice of Motion - Pathway from Bomaderry Train Station to Bomaderry Indoor Sports Stadium

HPERM Ref: D20/139982

Submitted by: Clr Nina Digiglio

This item was deferred from the Ordinary Meeting 28 April 2020.

Purpose / Summary

The following Notice of Motion, of which due notice has been given, is submitted for Council’s consideration.

Recommendation

That Shoalhaven City Council in line with the PAMP program consider the possibility of designing a pathway from Bomaderry Railway station to the Bomaderry Indoor Sports Stadium. The aim is to stimulate employment opportunities during the COVID 19 economic slump and improvement of local infrastructure, as well as provide opportunities for all age groups to access the path for leisure, sport and school travel in the Bomaderry area.

1. Request a report from the CEO to assess the feasibility in alignment with the PAMP Objectives.

2. Shovel ready projects like this will attract funding by State/ Federal Governments.

3. Upgrade the PAMP to include this project.

Background

Activity in Bomaderry centres around the rail station on Meroo Street, with a smaller retail centre on Lyndhurst Drive and a number of leisure facilities and schools located on Cambewarra Road.

The main shopping centre and the rail station are located on Meroo Street on the eastern side of Bomaderry. Pedestrian access from the station to the shopping area is via a marked pedestrian crossing across the car park and then build-outs (with vehicle priority) to assist with crossing Meroo Street. There is a small retail centre on Lyndhurst Drive. There are good pedestrian facilities within and immediately adjacent to the Meroo Street centre, however these do not link to other facilities.

There are a number of activities on Cambewarra Road that are likely to attract a large proportion of young visitors – 2 schools, swimming centre, Oval and, of course, the new Indoor Sports Stadium. A pathway would allow people across the region to access it. More importantly in a place like Bomaderry, where there are many vulnerable families, access to a path would be of value. Also for those coming from the rail line a path would encourage the use of services from the rail to the stadium.

The majority of the Bomaderry urban area and activities are located to the east of the Highway.

The PAMP study is one of the first stages in the process of improving pedestrian planning in the Shoalhaven area and therefore marks the start of an ongoing process. The PAMP may be adapted and updated to reflect the changing needs of pedestrians in the local area as well as any major land use or transport infrastructure developments.

The main objectives of the PAMP are as follows:

· Integrate walking into the transport system

· Link the pedestrian network with key land uses and activities

· Reduce pedestrian severance – remove barriers to walking

· Improve access for all

· Ensure the consistent development of facilities

· Encourage more walking

· Improve safety for pedestrians

Other things include

1) Integration of walking into the transport system as a legitimate form of transport to encourage more walking.

2) Linking pedestrian concentrations to pedestrian facilities to facilitate accessibility and mobility.

3) Identify and resolve pedestrian crash clusters.

4) Development and integration of intra and inter pedestrian concentration routes that complement the ‘Safer Routes to Schools’ project and LATM schemes.

5) To reduce pedestrian access severance and enhance safe and convenient crossing opportunities on major roads.

6) To facilitate improvements in the level of personal mobility and safety for pedestrians with disabilities and older persons through the provision of pedestrian infrastructure and facilities that cater for the needs of all pedestrians.

7) To ensure pedestrian facilities are employed in a consistent and appropriate manner throughout Shoalhaven Council area.

8) Link existing road user plans in a coordinated manner.

9) To ensure that pedestrian facilities remain appropriate and relevant to existing and future land use and pedestrian user groups.

10) To accommodate special events needs of pedestrians

Extra Ordinary Meeting – Tuesday 05 May 2020

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CL20.81 Notice of Motion - State Government Approval for Coal Mining under Woronora River Catchment

HPERM Ref: D20/141310

Submitted by: Clr John Levett

This item was deferred from the Ordinary Meeting 28 April 2020.

Purpose / Summary

The following Notice of Motion, of which due notice has been given, is submitted for Council’s consideration.

Recommendation

That

1. Council notes that the NSW Government has granted planning approval for an expansion of underground coal mining operations in the catchment of Woronora Reservoir, a key dam in the supply of drinking water to Sydney.

2. That Council acknowledges the weight of evidence that mining activities in the catchment could compromise the integrity of the water storages and have caused significant leakages in the past as well as flow on environmental damage to the surrounding water table.

3. The CEO writes to the Premier of NSW, Gladys Berejiklian; Minister for Planning and Public Spaces, Rob Stokes; the Member for Kiama, Gareth Ward and the Member for South Coast, Shelley Hancock expressing concern at this decision and requesting its reversal on the basis that Shoalhaven Water as a backup to Sydney Water in times of drought has a significant interest in maintaining the capacity and integrity of the Sydney water catchment

Background

In a letter to the Planning Department last month, WaterNSW Manager for Catchment Protection, Clay Preshaw, said the extension of South 32’s Dendrobium underground mine in the Illawarra region could trigger rock fracturing and potential water losses for nine major watercourses and about 100 smaller tributaries.

“WaterNSW remains strongly opposed to this project in its current form as none of its key concerns have been adequately addressed on the expansion plan”

Mr Preshaw wrote; “The Agency believed there had been “insufficient consideration” of a mine design that would prevent or minimise drainage cracks reaching the surface. South 32’s predicted additional losses of as much as 5.2 million litres a day from the extension might also be an underestimation.”

Mr Preshaw added; “WaterNSW also reiterates its position that the setbacks from the (Avon and Cordeaux) Dam walls should be increased to at least 1500m due to potential far field differential movements. Should any impacts occur to these dams, the consequences could be extreme”.

(Peter Hanna, Environmental Editor, Sydney Morning Herald, 20 April 2020)

Minister for Planning and Public Spaces, Rob Stokes, has defended the Government’s position saying that it would accept all 50 recommendations of “an independent expert panel for future mining in Sydney’s catchments”.

Gary Schoer of the National Parks Association has been critical of the Minister’s position and the boast by Minister Stokes on 18 April that he would ensure that “every measure (will be) in place to protect Sydney’s water supply for generations to come.” Schoer asked; “Once water is lost how will “offsetting” magically create a net gain in water?” He poses another question; “How will urgent adaptive management principles be applied later to mandate measures to eliminate the risk of surface subsidence, water loss from streams and damage to important swamp ecology? Unless this can occur; “the Precautionary Principle” dictates that we should join the rest of the World in keeping known damaging long-wall coal mines out of our drinking water catchments.”

Lock the Gate spokesperson, Nic Clyde, has welcomed WaterNSW criticism of South 32’s plans with the reminder that in 2018 it was revealed that six billion litres of water had been diverted from creeks feeding Sydney water catchments into underground coal mines in the special areas which should be declared by the Government as “off limits to new coal mining”.

Professor Stuart Khan of UNSW’s School of Civil and Environmental Engineering Research has been quoted as saying that; “We would be very foolish to ignore WaterNSW’s wide ranging and very significant concerns” and added that; “I strongly agree with the concerns of WaterNSW regarding the heavy reliance on post approval management of risks. Once a project is approved, the major opportunities to avoid significant risks are lost”

Terry Barratt, Retired Environmental Scientist, Sydney Water and Shoalhaven resident has made this comment; “The total average daily inflows of water during the severest periods of the recent drought around Sydney into the mines under the Avon and Cordeaux catchments has been running at 7.5 million litres per day. More mining under these reservoirs can only mean more depletion of water for the growing City of Sydney. Where will the NSW Government look to make up for this short-sighted commitment to mining fossil fuels from sensitive water supply systems? The Shoalhaven River of course!”

I have seen first hand while bushwalking in the Woronora Dam area the cracking of stream beds around O’Hares Creek, Flat Rock Creek and Waratah Rivulet, caused by mining under the Sydney Water Catchment.

This motion is about maintaining water security and avoiding more damage to an extremely valuable catchment. The Shoalhaven people have a stake in this matter beyond seeing sound governance prevail.

Extra Ordinary Meeting – Tuesday 05 May 2020

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CL20.92 Modification of statutory requirements in response to the COVID-19 pandemic

HPERM Ref: D20/139853

Section: Human Resources, Governance & Risk

Approver: Jane Lewis, Acting Director Finance Corporate & Community Services

Attachments: 1. OLG Circular - COVID 19 Response ⇩

This item was deferred from the Ordinary Meeting 28 April 2020.

Reason for Report

To inform Council of regulations which have been made under Section 747B of the Local Government Act 1993 to temporarily modify the application of the Act in response to the COVID-19 pandemic.

Recommendation

That Council receive and note the advice provided in OLG Circular 20-12 regarding the regulations made under Section 747B of the Local Government Act to temporarily modify the application of the Act in response to the COVID-19 pandemic.

Background

On 17 April 2020, the Office of Local Government released Circular 20-12 (Attachment 1) which outlines details of regulations that have been made.

In summary, the regulations made under Section 747B modify the Act to include:

· Allowing councils to delay sending out the first quarterly rates notice for 2020-21 and extend the payment deadline by one month

· Enabling councils to immediately waive or reduce fees for services such as food premise inspections and footpath usage for COVID-19 affected businesses, without the need to provide 28 days public notice

· Providing councils with a one-month extension to adopt their 2020-21 operational plans and budgets and submit their 2019-20 audited financial statements and annual reports.

· Councils will also have an extra month to submit their last quarterly budget review statement for 2019-20 as outlined in the table below:

Section of LG Act	Prior deadline	New deadline
Submission of audited Financial Reports – 416(1)	31 October 2020	30 November 2020
Preparation and publish of Annual Reports – 428(1)	30 November 2020	31 December 2020
Adoption of Operational Plan - 405(1)	By 1 July 2020	By 1 August 2020
Making of a rate or charge - 533	By 1 August 2020	By 1 September 2020
Date by which quarterly rates are payable - 562(3)(a)	31 August 2020	30 September 2020

Section of LG Act

Prior deadline

New deadline

Quarterly review statements (QBRS) - Cl 203(1) of Regulation

The third quarter 2019-20 QBRS (currently due May 2020)

Third quarter QBRS - June 2020.

All future QBRS remain due as per Regulation.

· Amendments have also been made to remove the requirement for council notices to be advertised in newspapers and instead allow the relevant notice to be published on the council’s website. This is not a temporary measure and will be ongoing.

Further information will be provided to Councillors on the implementation of these and other changes arising from the COVID-19 restrictions and response.

Extra Ordinary Meeting – Tuesday 05 May 2020

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CL20.93 COVID 19 Workplace Health and Safety Response

HPERM Ref: D20/130270

Section: Human Resources, Governance & Risk

Approver: Jane Lewis, Acting Director Finance Corporate & Community Services

Attachments: 1. Draft SWMS COVID 19 Controls for Essential Workers ⇩

2. Safety Advice - Working from Home ⇩

This item was deferred from the Ordinary Meeting 28 April 2020.

Reason for Report

This report outlines strategies in place for Shoalhaven City Council to comply with the Work Health Safety Act 2011 and Work Health Safety Regulation 2017 during the COVID-19 pandemic. The health and safety of workers and councillors, as always remains a priority. Control measures and strategies listed in this report are in accordance with SafeWork NSW, NSW Health and other relevant authorities.

The Continuity Management Team (CMT) continues to meet regularly during the pandemic. Discussion and outcomes of the meetings focus on supporting and protecting workers, councillors and the community, while maintaining essential services.

Recommendation

That Council receive and note the content of this report regarding health and safety strategies and control measures for workers, councillors and the community during the COVID-19 pandemic.

Options

1. Recommendation as printed

Council continue to monitor this evolving situation, review and implement any new requirements as they arise.

Implications: Workplace health and safety of workers is considered and aligns with requirements of SafeWork NSW, NSW Health and other relevant authorities.

2. Council determine and alternate recommendations

Implications: Not known at this time, however any alternate recommendation would need to comply with requirements of SafeWork NSW, NSW Health and other relevant authorities.

Background

During this unprecedented time and in response to activation of the Business Continuity Plan, Council has implemented a series of measures to maintain a safe and healthy workplace and community.

Managers have completed risk assessments to determine specific health and safety needs for their area of operation. In a collaborative effort, appropriate controls have been shared across Council.

Examples of current strategies and control measures to reduce the risk of infection and spread of COVID-19 include the following – which have been implemented Council wide:

• The Council intranet page Coronavirus (COVID-19) - Staff Information includes Employee Assistance Program support services for workers and their immediate family members, Working from Home WHS Checklist, tips on self-isolation and general health and wellbeing during this time.

• The intranet home page News Feed is regularly updated and includes Recovery Newsletters, hand washing techniques as per NSW Government recommendations, No Equipment Workouts, and support for workers working from home.

• COVID-19 Resource Kit for Manager and Supervisors, which includes a Safe Work Method Statement (SWMS) for those working in the field, Resource links to relevant authorities and in-house safety information, this includes electrical testing & tagging, stretching and fitness workouts, Employee Assistance Program etc.

• Implementation of a text message service, including the ability to text workers without a Council mobile phone to their personal mobile phone. This has provided another means of communication for the CEO to update all workers on COVID-19.

• Applications, Apps including Australian Government Coronavirus (COVID-19) and Service NSW have been automatically installed on all Council mobile phones and provide the latest information and notifications on COVID-19.

• The CEO continues to provide regular newsletter correspondence to all Council workers. Newsletters contain practical advice, latest updates and support and encouragement for workers and links to relevant sites including NSW Health and Council’s intranet COVID-19 site.

• Majority of office-based workers are now working from home. Managers and workers are using Microsoft Teams to check in on each other’s welfare in addition to work schedules.

• All councillors now have the opportunity to participate in Council and Committee meetings, and Councillor Briefings via remote access.

• Workers have received a Safety Advice - Working from Home communication. This requested workers to contact their supervisor should they require additional office equipment for their comfort and safety, access to mental health services and general working from home tips.

• Implementation of ‘BigStretch’ program on all computers to encourage staff to take regular breaks and stretch

• Meetings and non-essential training have been cancelled during this time. This excludes meetings of the WHS Committee and the Committee of Safety Review. Meetings are held through virtual tools or in an outdoor environment with adequate airflow and space.

• Communication to contractors of required additional control measures, (which are included in the above SWMS) has been provided via email.

• Continued testing and tagging of electrical appliances, with additional hygiene measures is in place.

• Additional and more frequent cleaning of buildings including handrails, lifts and bathrooms. Bins have been placed outside toilet doors to allow for paper towel to be disposed of on exiting the bathroom. Hand sanitiser stations have increased and have been strategically placed at entry and exit points of relevant Council facilities. Disinfectant kits with instructions have been provided to relevant Council facilities.

The following has been implemented across relevant areas of Council.

• Operation workgroups have been formed and consist of workers, supervisors and managers based at various worksites, for example Flinders Depot Shoalhaven Water and Asset and Works Woollamia Depot. The objective of these groups is to monitor the rapidly changing environment and recommend and communicate appropriate workplace changes to protect the health and safety of workers, while still providing essential community service. Managers are also visiting worksites to provide regular communications and to answer questions.

• Work Health Safety Field Officers continue to operate in the field and provide a vital communication link between workers, supervisors and managers. An example of a successful outcome of this relationship includes sourcing and providing workers with additional cleaning and PPE products.

• To minimise the movement of workers and to keep teams and plant together, workers are remaining within their small workgroups or with their work buddy. Or remain at their allocated worksite such as a treatment plant. Workers are starting and finishing in the field, rather than at depots or offices. Works are planned to minimise returning to the depot to avoid workers congregating.

• Restrictions of vehicle occupants are in place with no more than two workers to travel in one vehicle for essential operational reasons.

• Any sharing of plant including vehicles and tools, requires cleaning prior to and after the change-over between workers.

• Redeployment of staff with appropriate skills and experience to add resources into the WHS team to enable an increased presence across a range of work environments – this outdoors, administration and office support.

The listed controls will continue to be monitored and reviewed through regular workplace consultation with workers, supervisors and managers. Controls will continue to be updated in response to advice provided by NSW Health and SafeWork NSW.

Community Engagement

We are connecting with our internal and external stakeholders through a number of different measures and platforms. These include:

· Internal Resources for workers via internet and intranet, as listed above.

· Newsletters

· All Staff emails providing COVID-19 updates

· Text message service providing COVID-19 updates

More broadly, Council is providing access to the Shoalhaven Community via measures that include:

· Dedicated page on Council’s website titled Coronavirus (COVID-19) - Community Information including links to NSW Health

· The page includes Council’s response to COVID-19, Help Stop the Spread (video clip), mental health support links, support services and fact sheets, Council services and Facilities impacted by COVID-19 and changes to operations or current closures and NSW Health Factsheets.

· Council’s Facebook page promotes the dedicated internet page for COVID-19 in addition to providing other posts including a Free Red Cross Webinar, COVID-19 Mental Health video clip and links and information for free TAFE courses for NSW residents.

· Ulladulla Leisure Centre has shared a workout clip for community members to complete at home, this clip has received over two thousand views. In supporting community mental health, one of the consistent messages on the page is maintaining physical distance, while ensuring emotional connections are maintained.

Policy Implications

N/A

Financial Implications

Measures and initiatives to date are being funded withing existing allocated budgets. Any variation will be reported through the Quarterly budget review process.

Risk Implications

In addition to the above community engagement, Council is encouraging community enquires to seek the latest advice from the NSW Health web site or to call the National Coronavirus Health Information Line on 1800 020 080.

Given the fast-changing nature of COVID-19, Council will continue to work in collaboration with the CMT and respond accordingly to the latest advice from the NSW Government, SafeWork NSW and other key organisations.

Existing control measures will continue to be reviewed and monitored with the shared objective of keeping workers in safe and meaningful employment. The take home message to the Council workforce is, look after yourself and look after your mates.

Extra Ordinary Meeting – Tuesday 05 May 2020

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CL20.95 Investment Report - March 2020

HPERM Ref: D20/136795

Section: Finance

Approver: Jane Lewis, Acting Director Finance Corporate & Community Services

Attachments: 1. Shoalhaven City Council - Investment Report - March 2020 (under separate cover) ⇨

This item was deferred from the Ordinary Meeting 28 April 2020.

Reason for Report

In accordance with section 625 of the Local Government Act 1993 and Clause 212 of the Local Government (General) Regulation, a written report is provided to Council setting out the details of all money it has invested.

Recommendation

That

1. The report of the Chief Executive Officer (Finance, Corporate & Community Services Group) on the Record of Investments for the period to 31 March 2020 be received for information.

2. Council note Council’s investment portfolio returned a solid 1.98% for the month of March 2020, exceeding the benchmark AusBond Bank Bill Index (1.18% pa) by 80 basis points (0.80%).

Options

1. The report on the Record of Investments for the period to 31 March 2020 be received for information

Implications: Nil

2. Further information regarding the Record of Investments for the period to 31 March 2020 be requested

Implications: Nil

3. The report of the Record of Investments for the period to 31 March 2020 be received for information, with any changes requested for the Record of Investments to be reflected in the report for the period to 30 April 2020

Implications: Nil

Background

Please refer to the attached monthly report provided by Council’s Investment Advisor, CPG Research and Advisory Pty Ltd.

All investments are within the current Minister’s Order. Investments are diversified across the eligible fixed interest universe and well spread across maturities. Available capacity exists in all terms, with medium term particularly relevant to new issues.

Portfolio Return

Council’s investment portfolio returned a solid 1.98% for the month of March 2020, exceeding the benchmark AusBond Bank Bill Index (1.18% pa) by 80 basis points (0.80%).

The following graph shows the performance of Council’s investment portfolio against the benchmark on a rolling twelve (12) month basis. As can be seen, performance has consistently exceeded the benchmark due to the mix of Council’s investment portfolio.

Interest Earned – March 2020

The following table shows the interest earned for the month of March 2020. The interest earned for the month of March was $337,289, which was $49,659 below the current budget.

Interest Earned - Year to Date

Return on the Council investment portfolio was negatively impacted by the catastrophic bushfires followed by floods and the COVID-19 pandemic. Closure of Council community facilities and Holiday Haven Tourist Parks resulted into significant decrease in cash inflow. In addition, rapid deterioration of the interest rate across all types of investments due to natural disasters and pandemic resulted in lower than budgeted return on investments.

The impact of these events on interest revenue continues to be monitored with necessary variations to be reported in future quarterly budget reviews.

The following table shows how the interest earned year to date actual dollars against the total budget forecast dollars is performing with 75% of the year passed - the interest earned to the month of March was $3,369,617, 74% of the current full year budget.

The graphs below illustrate the cumulative interest earned for the year for each fund against the original and adjusted budgets.

Please Note: there has been no adjustment to the Sewer Fund interest budget

Restricted Asset Movements

The table below lists the major movements in Restricted Assets:

Total Cash	-$7,482,959	March was not a rates instalment month.
Property Reserve	-$1,162,282	Min20.110 to Shoalhaven Foreshore Development Reserve
Other Internal Reserves	+$1,646,882	Min20.110 from Property Reserve $1.1M
Water Fund	+$1,300,147	Normal operating cycle / Capital expenditure
Sewer Fund	-$2,630,315	Normal operating cycle / Capital expenditure
Unrestricted Cash	-$7,796,109	March was not a rates instalment month and there was reduced income and the processing of refunds from Holiday Haven and SEC.

Financial Implications

It is important for Council to be informed about its investments on a regular basis. Revenue from interest forms a vital part of Council’s revenue stream.

Statement by Responsible Accounting Officer

I hereby certify that the investments listed in the attached report have been made in accordance with Section 625 of the Local Government Act 1993, clause 212 of the Local Government (General) Regulations 2005 and Council’s Investments Policy POL19/72.

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Description automatically generated

Olena Tulubinska Date: 20 April 2020

Responsible Accounting Officer

Extra Ordinary Meeting – Tuesday 05 May 2020

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CL20.59 Petition asking Council to declare a climate emergency in the Shoalhaven

HPERM Ref: D20/72414

Section: Environmental Services

Approver: Phil Costello, Director Planning Environment & Development Group

This item was deferred from the Ordinary Meeting 28 April 2020.

Reason for Report

Council has received a petition from change.org requesting that Council declare a climate emergency in the Shoalhaven. The petition has 879 signatures supporting it (a copy of the petition will be available in the councillors’ room).

The petition is submitted for Council to consider if it wants to adopt the position recommended in the petition and consider the potential impact on Council’s operations, budget, welfare of the community and the environment.

Recommendation

That Council, having considered the petition and background information presented in the report, determine its position on the matter.

Options

1. Should Council support the passing of a motion to declare a climate change emergency in the Shoalhaven, then a suggested recommendation is as follows:

That Council;

a. Declare a climate change emergency and join with the other Australian councils, that have already declared such emergencies in their local government areas;

b. Work actively and collaboratively with the community and all tiers of government to take proactive emergency action to lessen the impact of climate change;

c. Continue with and improve Council’s proactive programs that already address many issues and challenges associated with climate change to ensure that Shoalhaven’s community and environment are safeguarded;

d. Provide a report or briefing to Councillors that includes current and future actions and options to communicate Council’s actions to combat climate change, to the community.

e. The report or briefing above include, but not be limited to –

i. Exploring the production of a ‘state of the environment’ type report, utilising the current Shoalhaven State of the Environment Report Card, that details actions Council is presently undertaking or has plans or budgets for, in climate change mitigation and environmental protection;

ii. Current and/or future actions from each Group that are or will be incorporated into the Delivery Plan/Operational Plan (DPOP).

f. Confirm the review and update Council’s Shoalhaven Adaptation Plan, which expired in 2016, which was developed in 2010 based on a partnership and risk assessment completed with Statewide Mutual; and

g. Inform change.org of actions taken by Council to make the community more resilient to the impact of climate change.

Implications: There are currently 94 rural, regional and metropolitan Councils across Australia, including Bega Valley Shire Council, Kiama Council, Blacktown Council, Woollahra Council, Wingecarribee Shire Council, Ballina Shire council, MidCoast Council, Northern Beaches Council and Wollongong City Council in NSW, that have declared a climate emergency. Council is already committed to bringing about positive change in relation to the impact of climate change in the Shoalhaven. This can be demonstrated by many programs that Council has implemented (as noted in the report). This option supports these and future initiatives to address the impact of climate change.

The review and update the Shoalhaven Adaptation Plan is planned as part of Council’s operational plan. This will address one of Statewide Mutual’s risk improvement issues which are designed as an overall risk management approach to mitigate the risk for all members of the Mutual Fund. Review of the Plan is also programmed as part of Council’s upcoming operational activities to ensure council is eligible for State and Federal grant funding programs which require up-to-date climate adaptation and/or action plans.

2. Should Council wish to adopt a different position, then Council should resolve to:

“Receive and note the report for information”

Implications: Council could continue to explore and adopt innovative strategies that deliver good, sustainable outcomes for Council and the community, based on local needs and wants.

Background

At the Ordinary meeting of Council on 17 December 2019, Councillor Digiglio presented a petition with 879 signatures from change.org requesting that Council declare a climate emergency in the Shoalhaven.

Local governments play an important role in achieving nation-wide climate action.

The community, generally, has had its awareness of climate change raised by media sources reporting on climate change politics and on extreme weather events that have impacted locally, as well as elsewhere in Australia and overseas.

Since 2008, when the Climate Change Risk Management Committee was established by resolution of Council, Shoalhaven Council has acknowledged the impact of climate change.

At that time City Services and Operations identified the following as potential risks for Council assets arising from climate change:

· Severe storm events, leading to road closures, damage to infrastructure, flash floods

· Increase bushfire frequency and extent

· Drought impacting on sports grounds, parks and landscaping

· Biosecurity risk posed by weeds through climate change adaption

· Sea level rise and potential impact on seaside communities and infrastructure

· Impact of sea level rise on flood mitigation structures

· CO² emissions from the West Nowra Landfill

The report stated that there was a need to raise awareness, change attitudes and drive cultural change within the community and Council.

It also noted “community expectations will increasingly influence political processes in respect of this issue.”

The Terms of Reference for the Climate Change Risk Management Committee stated, “The establishment and actions of this committee will help to demonstrate that Council is taking preventative action [in relation to climate change] against any threat to the health, safety and welfare of the community.”

The following “brief” was given to the committee:

· “Internationally and nationally, climate change has been recognised as a threat, to which this working group will respond at a local level;

· Recommend key actions to Council for discussion;

· Identify and action funding opportunities which will improve Council’s understanding and readiness;

· Investigate opportunities which will improve Council’s understanding and ability to respond; and

· Identify ways to educate the community about the potential impacts of climate change”

The desired outcomes/outcomes were:

“The working group will make recommendations to improve the process of addressing and responding to climate change within the Shoalhaven Local Government area.”

Council has continued to implement steps to address climate change, and has introduced several initiatives which include, but are not limited to, the following examples, however a proactive coordinated approach is required.

· REMS scheme – provided water to farmers for irrigation

· Use of waterless urinals in Council’s Administration Building

· Berry Wastewater Treatment Plant – 22.5kW solar PV system and battery storage – reducing grid sourced electricity usage by 20%

· Bamarang Water Treatment Plant – 25 kW solar PV system – reducing grid sourced electricity usage by 20%

· Trialling of 3 fully electric vehicles on Council fleet

· Negotiating with Endeavour Energy to upgrade street lighting to energy efficient LED lights

· Project to extend the life of West Nowra Recycling and Waste Facility by installation of new facility that will reclaim 90% of household rubbish for recycling

· Programs in place to reduce CO² emissions from the West Nowra Recycling and Waste Facility to pre-2008 levels

· Adoption of Energy targets, action plan and strategy

To proactively address climate change and mitigate the impacts on Council’s assets and services, resourcing needs to be allocated to update Council’s Shoalhaven Adaption Plan 2010 prepared in partnership with Statewide Mutual and update Council’s Sustainability Action Plan. Such a review will ensure that the plan represents current Community and Council sentiment regarding matters associated with climate change and sustainability. Without an adopted Climate Action and/or Adaption Plan Council may not be eligible for many State and Federal grant programs.

Community Engagement

No specific community engagement has been undertaken by Council in regard to this petition however, recent events in the Nowra which involved over 200 gathering in Harry Sawkins Park and 1000 marching through the CBD reflect a desire for change.

Policy Implications

Minimal, given projects and practices already in place.

Financial Implications

Minimal, given many projects and practices already in place. Updating Shoalhaven Adaption plan would allow Council to plan and mitigate impacts of climate change including potential financial costs.

Risk Implications

Council is already responding to climate change in a positive manner. Declaration of a climate change emergency would have minimal impact on Council operations however would allow, climate action initiatives to be implemented to address this risk which is in-line with Statewide Mutual’s risk management approach.

Extra Ordinary Meeting – Tuesday 05 May 2020

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Local Government Amendment (governance & planning) act 2016

Chapter 3, Section 8A Guiding principles for councils

(1) Exercise of functions generally

The following general principles apply to the exercise of functions by councils:

(a) Councils should provide strong and effective representation, leadership, planning and decision-making.

(b) Councils should carry out functions in a way that provides the best possible value for residents and ratepayers.

(c) Councils should plan strategically, using the integrated planning and reporting framework, for the provision of effective and efficient services and regulation to meet the diverse needs of the local community.

(d) Councils should apply the integrated planning and reporting framework in carrying out their functions so as to achieve desired outcomes and continuous improvements.

(e) Councils should work co-operatively with other councils and the State government to achieve desired outcomes for the local community.

(f) Councils should manage lands and other assets so that current and future local community needs can be met in an affordable way.

(g) Councils should work with others to secure appropriate services for local community needs.

(h) Councils should act fairly, ethically and without bias in the interests of the local community.

(i) Councils should be responsible employers and provide a consultative and supportive working environment for staff.

(2) Decision-making

The following principles apply to decision-making by councils (subject to any other applicable law):

(a) Councils should recognise diverse local community needs and interests.

(b) Councils should consider social justice principles.

(d) Councils should consider the principles of ecologically sustainable development.

(e) Council decision-making should be transparent and decision-makers are to be accountable for decisions and omissions.

(3) Community participation

Councils should actively engage with their local communities, through the use of the integrated planning and reporting framework and other measures.

Chapter 3, Section 8B Principles of sound financial management

The following principles of sound financial management apply to councils:

(a) Council spending should be responsible and sustainable, aligning general revenue and expenses.

(b) Councils should invest in responsible and sustainable infrastructure for the benefit of the local community.

(c) Councils should have effective financial and asset management, including sound policies and processes for the following:

(i) performance management and reporting,

(ii) asset maintenance and enhancement,

(iii) funding decisions,

(iv) risk management practices.

(d) Councils should have regard to achieving intergenerational equity, including ensuring the following:

(i) policy decisions are made after considering their financial effects on future generations,

(ii) the current generation funds the cost of its services

Chapter 3, 8C Integrated planning and reporting principles that apply to councils

The following principles for strategic planning apply to the development of the integrated planning and reporting framework by councils:

(a) Councils should identify and prioritise key local community needs and aspirations and consider regional priorities.

(b) Councils should identify strategic goals to meet those needs and aspirations.

(d) Councils should ensure that the strategic goals and activities to work towards them may be achieved within council resources.

(e) Councils should regularly review and evaluate progress towards achieving strategic goals.

(f) Councils should maintain an integrated approach to planning, delivering, monitoring and reporting on strategic goals.

(g) Councils should collaborate with others to maximise achievement of strategic goals.

(h) Councils should manage risks to the local community or area or to the council effectively and proactively.

(i) Councils should make appropriate evidence-based adaptations to meet changing needs and circumstances.