12 December 2012 - Hastings Council - NSW Government

Ordinary Council 

Business Paper 

date of meeting: Wednesday, 12 December 2012 

location: 

time: 

Council Chambers, Port Macquarie 

5.30pm 

Note: 

Council is distributing this agenda on the strict understanding that 

the publication and/or announcement of any material from the Paper 

before the meeting not be such as to presume the outcome of 

consideration of the matters thereon.

Council’s Vision 

A sustainable high quality of life for all. 

Council’s Mission 

To provide regional leadership and meet the 

community’s needs in an equitable and 

inclusive way that enhances the area’s 

environmental, social and economic 

qualities. 

Council’s Corporate Values 

Sustainability 

Excellence in Service Delivery 

Consultation and Communication 

Openness and Accountability 

Community Advocacy 

Council’s Guiding Principles 

Ensuring Good Governance 

Looking after our people 

Helping our community prosper 

Looking after our environment 

Planning & providing our infrastructure

How Members of the Public Can Have Their Say at Council Meetings 

Council has a commitment to providing members of the public with an input into Council's 

decision making. The Council's Code of Meeting Practice provides two (2) avenues for 

members of the public to address Council on issues of interest or concern at the Ordinary 

Council Meeting. These are: 

Addressing Council on an Agenda Item: 

If the matter is listed in the Council Business Paper, you can request to address Council by: 

Completing the Request to Speak on an Agenda Item at a Council Meeting”, which can be 

obtained from Council’s Offices at Laurieton, Port Macquarie and Wauchope or by 

downloading it from Council’s website. 

Telephoning your request through to Council’s Call Centre on (02) 6581 8111. 

On-line at 

http://www.hastings.nsw.gov.au/www/html/2924-addressing-a-council-meeting-in-relationto-an-agenda-item.asp?intSiteID=1 

Your request to address Council must be received by Council no later than 4:30pm on 

the day prior to the Council Meeting. 

Council's Code of Meeting Practice sets out the following guidelines for addressing Council: 

Addresses will be limited to 5 minutes. 

If you wish any written information, drawings or photos to be distributed to the Council 

to support the address, two (2) copies should be provided to the Manager Executive 

Services (Governance) prior to the commencement of the meeting. 

Where speakers wish to make an audio visual presentation, a copy is to be provided 

to the Manager Executive Services (Governance) by 12 noon on the day of the 

Council Meeting. 

Council will permit only two (2) speakers "Supporting" and two (2) speakers 

"Opposing" the Recommendation contained in the Business Paper. If there are more 

than two speakers supporting and opposing, the Mayor will request the speakers to 

determine who will address Council. 

Addressing Council in the Public Forum: 

If the matter is not listed in the Council Business Paper, you can request to address Council 

by: 

Completing the Request to Speak in the Public Forum at Ordinary Council Meeting”, which 

can be obtained from Council’s Offices at Laurieton, Port Macquarie and Wauchope or by 

downloading it from Council’s website. 

Telephoning your request through to Council’s Call Centre on (02) 6581 8111. 

On-line at 

http://www.hastings.nsw.gov.au/www/html/2926-addressing-council-in-the-councilmeeting-public-forum.asp?intSiteID=1 

Your request to address Council must be received by Council no later than 4:30pm on 

the day prior to the Council Meeting. 

A maximum of eight (8) speakers will be heard in the Public Forum. Each speaker will be 

limited to 5 minutes. Council may ask questions of speakers but speakers cannot ask 

questions of Council. 

Council will not determine matters raised in the Public Forum session, however may resolve 

to call for a further report, when appropriate. 

Speakers will be allowed to address Council in the Public Forum on the same issue no more 

than three (3) times in each calendar year. (Representatives of incorporated community 

groups may be exempted from this restriction).

Ordinary Council Meeting 

Wednesday, 12 December 2012 

Items of Business 

Item Subject Page 

01 Acknowledgement of Country ................................................................................... 1 

02 Local Government Prayer ......................................................................................... 1 

03 Apologies ................................................................................................................... 1 

04 Confirmation of Minutes ............................................................................................ 1 

05 Disclosures of Interest ............................................................................................. 27 

06 Public Forum ........................................................................................................... 31 

07 Mayoral Minutes .................................................................................................... 32 

07.01 Mayoral Discretionary Fund Allocations .................................................. 32 

08 Ensuring Good Governance ................................................................................ 33 

08.01 Confidential Correspondence to Ordinary Council Meeting .................... 34 

08.02 December 2012 Status of Outstanding Reports to Council ..................... 36 

08.03 Disclosure of Interest Return - Councillors .............................................. 38 

08.04 Disclosure of Interest Return - Building Surveyor Compliance ............... 40 

08.05 Establishment of Councillor Membership to Committees and 

Boards ...................................................................................................... 42 

08.06 Procurement Professional of the Year Award for 2012 ........................... 56 

08.07 Draft Asset Disposal Policy ...................................................................... 58 

08.08 Monthly Review of Financial Position - November 2012 ......................... 60 

08.09 Glasshouse Finances .............................................................................. 62 

08.10 Investments - October 2012 .................................................................... 67 

08.11 Tender T-12-19 Flood Mitigation Channel - Belah Road ......................... 72 

08.12 Tender T-12-20 Supply & Delivery of Burial Plaques .............................. 76 

08.13 Tender T-12-21 Purchase of Two (2) Motor Graders ............................. 79 

08.14 Tender T-12-24 Purchase of One (1) Landfill Compactor ....................... 83 

08.15 Tender T-12-25 Supply & Delivery of one (1) Elevated Work 

Platform (EWP)........................................................................................ 87 

09 Looking After Our People ..................................................................................... 91 

09.01 Annual Reporting of Contracts for Senior Staff ....................................... 92 

09.02 Recommended Items from the PMH Sporting Fund Sub- 

Committee Meeting held 1 November 2012 ............................................ 95 

09.03 Amendment of Schedule of Fees and Charges for 2012/2013 ............... 97 

09.04 Delegation to Council of Functions under the Plumbing and 

Drainage Act 2011 ................................................................................. 100 

09.05 Aboriginal Reconciliation Action Plan 2008 - 2012 End of 

Term Report ........................................................................................... 102

09.06 Building Better Regional Cities Program and Housing 

Affordability Scheme (HARS) ................................................................ 104 

09.07 Headspace Port Macquarie - Memorandum of Understanding ............. 105 

09.08 Youth Advisory Council Annual Report ................................................. 108 

09.09 Proposal to NSW Government regarding Public Library 

Funding .................................................................................................. 111 

10 Helping Our Community Prosper ...................................................................... 113 

10.01 Tertiary Education Planning ................................................................... 114 

10.02 Best Practice in Areas of Critical Operations ......................................... 120 

11 Looking After Our Environment ........................................................................ 121 

11.01 Wall Reserve Tree Management Issues (PIN 15194) ........................... 122 

11.02 2013 NSW Coastal Conference - Port Macquarie ................................. 132 

11.03 Extention of Waste Services Contracts ................................................. 134 

12 Planning and Providing Our Infrastructure ...................................................... 138 

12.01 Grant of Easement for Underground Power at Port Macquarie 

Airport .................................................................................................... 139 

12.02 Lake Road, Port Macquarie - 40km/h High Pedestrian Activity 

Area ....................................................................................................... 141 

12.03 Thrumster Sewerage ............................................................................. 143 

12.04 Small Villages Sewerage Scheme ......................................................... 146 

12.05 Design, Construction and Maintenance of Transport Assets ................ 150 

12.06 Proposed delegations under Section 59 of the Environmental 

Planning & Assessment Act 1979. ......................................................... 161 

12.07 Lake Road Interim Traffic Improvements .............................................. 164 

12.08 Rezoning of Land at Dunbogan From Zone E2 Environmental 

Conservation To Zone E3 Environmental Management (PIN 

03468, 03469, 03470, 21855, 26603, 40332) ....................................... 168 

12.09 Settlement City Precinct - Draft Development Control Plan, 

Draft Section 94 Contributions Plan and Kmart Planning 

Proposal ................................................................................................ 171 

12.10 Building Better Regional Cities Grant Program - Affordable 

Housing Incentive Scheme arrangements ............................................. 184 

13 Questions for Next Meeting 

14 Confidential Matters 

Motion to move into closed session ...................................................................... 189 

14.01 General Manager Annual Performance Review 2011/2012 

Adoption of Recommendations from Confidential Session

AGENDA 

ORDINARY COUNCIL 

12/12/2012 

Item: 01 

Subject: ACKNOWLEDGEMENT OF COUNTRY 

"I acknowledge that we are gathered on Birpai Land. I pay respect to the Birpai 

Elders both past and present. I also extend that respect to all other Aboriginal 

and Torres Strait Islander people present." 

Item: 02 

Subject: LOCAL GOVERNMENT PRAYER 

A Minister from the Combined Churches of Port Macquarie will be invited to deliver 

the Local Government Prayer. 

Item: 03 

Subject: APOLOGIES 

RECOMMENDATION 

That the apologies received be accepted. 

Item: 04 

Subject: CONFIRMATION OF PREVIOUS MINUTES 


That the Minutes of the Ordinary Council Meeting held on 14 November 2012 be 

confirmed. 


That the Minutes of the Extra-Ordinary Council Meeting held on 28 November 2012 

be confirmed. 

Item 01 

Page 1

MINUTES 


14/11/2012 

PRESENT 

Members: 

Councillor Peter Besseling (Mayor) 

Councillor Rob Turner 

Councillor Adam Roberts 

Councillor Lisa Intemann 

Councillor Justin Levido 

Councillor Geoff Hawkins 

Councillor Trevor Sargeant 

Councillor Michael Cusato 

Councillor Sharon Griffiths 

Other Attendees: 

Tony Hayward (General Manager) 

Jeffery Sharp (Director of Infrastructure Services) 

Craig Swift-McNair (Director of Corporate & Business Services) 

Matt Rogers (Director of Development & Environment Services) 

Lesley Atkinson (Director of Community & Cultural Development) 

Lyndal Harper (Acting Communications Manager) 

Bronwyn Lyon (Governance Support Officer) 

Sue Pollard (Statutory Reporting Officer) 

The meeting opened at 5.30pm. 

01 ACKNOWLEDGEMENT OF COUNTRY 

The Mayor opened the Meeting with an Acknowledgement of Country and welcomed 

all in attendance in the Chamber. 

02 LOCAL GOVERNMENT PRAYER 

Pastor Phil Brown from the Port City Church delivered the Local Government Prayer. 

03 APOLOGIES 

There were no apologies. 

Port Macquarie-Hastings Council Page 2

MINUTES 



04 CONFIRMATION OF MINUTES 

RESOLVED: Levido/Sargeant 

That the Minutes of the Ordinary Council Meeting held on 10 October 2012 be 

confirmed. 

CARRIED: 9/0 

FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner 

and Roberts 

AGAINST: Nil 

05 DISCLOSURES OF INTEREST 

Councillor Cusato declared a pecuniary interest in Item 10.02 – Tender T-12-05 Port 

Macquarie Airport Upgrade Stage 1A (Airside) because his company holds a lease at 

the Port Macquarie Airport. 

SUSPENSION OF STANDING ORDERS 

RESOLVED: Levido/Turner 

That Standing Orders be suspended to allow Items 07.01 and 07.02 to be brought 

forward and considered next. 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 

07.01 MAYORAL DISCRETIONARY FUND ALLOCATIONS 

MOVED: 

Besseling 

That the Mayoral Discretionary Fund allocations for the period 1 July 2012 to 29 

October 2012 be noted. 


MINUTES 



07 .02 REGIONAL DEVELOPMENT AUSTRALIA FUND - ROUND 3 AND 4 

EXPRESSIONS OF INTEREST 

MOVED: 

Besseling 

That in relation to Regional Development Australia funding for Rounds three (3) and 

four (4), Council determine what projects to submit to RDA Mid North Coast for 

consideration. 

MOTION 

MOVED: 

Turner/Griffiths 


four (4), Council: 

1. Submit an Expression of Interest to RDA Mid North Coast under Round 3 of the 

Regional Development Australia Fund for the upgrade of the Kendall Tennis 

Facility/Complex upgrade. 


Regional Development Australia Fund for: 

- Wauchope Swimming Pool upgrade 

- Lake Cathie Coastal Erosion Revetment Wall 

- Hastings Regional Equestrian Facility 

AMENDMENT 

MOVED: Intemann/Sargeant 







Regional Development Australia Fund for Wauchope Swimming Pool upgrade. 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 

RESOLVED: Intemann/Sargeant 







Regional Development Australia Fund for Wauchope Swimming Pool upgrade. 


MINUTES 



CARRIED: 9/0 


and Roberts 

AGAINST: Nil 

06 PUBLIC FORUM 

The Mayor advised of applications to address Council in the Public Forum from: 

1. Terry Minahan regarding a petition on “No PCYC”. 

2. Grahame Wilson regarding the Port Macquarie Indoor Stadium Expansion. 

3. Keith Wilkinson regarding the corporate governance in relation to the PCYC 

development. 

4. Jeffrey Hayes regarding the location of the proposed PCYC. 

5. Debbie Sommers regarding heritage and museums in the Hastings. 

RESOLVED: Roberts/Cusato 

That the above requests to speak be permitted. 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 

06.01 PRESENTATION OF PETITION – NO PCYC 

Terry Minahan, representing concerned residents in the Hibbard area, addressed 

Council, presented a petition for “No PCYC”, submitted questions and answered 

questions from Councillors. 

06.02 PORT MACQUARIE INDOOR STADIUM EXPANSION 

Grahame Wilson, representing Hibbard residents, addressed Council in regard to the 

Port Macquarie Indoor Stadium expansion and community consultation, submitted 

questions and answered questions from Councillors. 

06.03 CORPORATE GOVERNANCE IN RELATION TO THE PCYC 

DEVELOPMENT 

Keith Wilkinson, representing Hibbard residents, addressed Council in regard to 

corporate governance in relation to the PCYC development. 


MINUTES 



06.04 LOCATION OF THE PROPOSED PCYC 

Jeffrey Hayes, representing Hibbard residents, addressed Council in regard to the 

location of the proposed PCYC and submitted questions. 

06.05 HERITAGE AND MUSEUMS IN THE HASTINGS 

Debbie Sommers, representing the Port Macquarie Historical Society Inc., addressed 

Council in regard to heritage and museums in the Hastings and answered questions 

from Councillors. 

REQUESTS TO SPEAK ON AN AGENDA ITEM 

The Mayor advised of requests to speak on agenda Item 12.06 from: 

Ron Porter in support of the recommendation. 

Barry Breckenridge in opposition to the recommendation. 

RESOLVED: Roberts/Levido 


CARRIED: 9/0 


and Roberts 

AGAINST: Nil 

SUSPENSION OF STANDING ORDERS 

RESOLVED: Levido/Cusato 

That Standing Orders be suspended to allow Item 12.06 to be brought forward and 

considered next. 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 


MINUTES 



12.06 DEVELOPMENT CONTRIBUTIONS FOR CAMPING GROUNDS AT 

KENDALL SHOWGROUND AND WAUCHOPE SHOWGROUND (40135, 

53746) 

Ron Porter, representing the Camden Haven PAH&I (Show) Society, addressed 

Council in support of the recommendation. 

Barry Breckenridge, Breckenridge Farmstay, addressed Council in opposition to the 

recommendation. 

RESOLVED: Turner/Cusato 

That Council waive the payment of development contributions for any short-term 

camping grounds approved at not-for-profit showgrounds for up to four (4) Equivalent 

Tenements (16 camping sites) and that development contributions over this number 

be applied in accordance with Council’s Development Contributions Assessment 

Policy. 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 

08.01 CONFIDENTIAL CORRESPONDENCE TO ORDINARY COUNCIL MEETING 

RESOLVED: Levido/Griffiths 

That Council determine that the attachments to Item numbers 08.04, 08.12, 08.13, 

08.14, 09.03, 10.02, 12.05 be considered as confidential, in accordance with Section 

11(3) of the Local Government Act. 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 

08.02 COUNCIL MEETINGS DATES FOR 2013 

RESOLVED: Roberts/Hawkins 

That Council set the Ordinary Council Meeting dates for 2013 as the third 

Wednesday of each month being 20 February, 20 March, 17 April, 15 May, 19 June, 

17 July, 21 August, 18 September, 16 October, 20 November and 18 December. 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 


MINUTES 



08.03 NOVEMBER 2012 STATUS OF OUTSTANDING REPORTS TO COUNCIL 

RESOLVED: Griffiths/Turner 

That the information in the November 2012 Status of Outstanding Reports to Council 

be noted. 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 

08.04 LIABILITIES CONCERNING THE WEBCASTING OF COUNCIL MEETINGS 

MOTION 

MOVED: Sargeant/Intemann 

That Council: 

1. Resume webcasting of Council meetings in a live format and provide an 

archive for one (1) month only available on Council’s website. 

2. Take the necessary action as recommended in the legal advice attached to the 

report and those actions be reported back to the next Council Meeting. 

AMENDMENT 

WITHDRAWN 

MOVED: Hawkins/Griffiths 


1. Resume webcasting of Council meetings in a live format. 

2. Take the necessary action as recommended in the legal advice attached to the 

report and those actions be reported back to the next Council Meeting. 

LOST: 1/8 

FOR: Sargeant 

AGAINST: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Turner and 

Roberts 

AMENDMENT 

MOVED: Levido/Roberts 

That this matter be deferred to the February 2013 Council Meeting to enable the GM 

to prepare a report taking into account the legal advice attached to the report as to a 

workable plan for webcasting meetings and costings which will protect Council’s legal 

position bearing in mind the legal advice. 

CARRIED: 8/1 

FOR: Besseling, Cusato, Griffiths, Hawkins, Levido, Sargeant, Turner and Roberts 

AGAINST: Intemann 


MINUTES 



RESOLVED: Levido/Roberts 

That this matter be deferred to the February 2013 Council Meeting to enable the GM 

to prepare a report taking into account the legal advice attached to the report as to a 

workable plan for webcasting meetings and costings which will protect Council’s legal 

position bearing in mind the legal advice. 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 

08.05 QUARTERLY PROGRESS REPORT ON THE 2011-2015 DELIVERY 

PROGRAM AND 2012-2013 OPERATIONAL PLAN 

RESOLVED: Intemann/Roberts 

That Council adopt the September quarterly report on the 2011-2015 Delivery 

Program and 2012-2013 Operational Plan. 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 

08.06 2011-2012 ANNUAL REPORT 

RESOLVED: Hawkins/Cusato 

Pursuant to the provisions of Section 428 of the Local Government Act 1993, 

Council: 

1. Adopt the 2011-2012 Annual Report, comprising Part A and B. 

2. Submit the 2011-2012 Annual Report to the Minister for Local Government. 

3. Publish the 2011-2012 Annual Report on Council's website and make copies of 

the report available at all Council Offices and Libraries. 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 


MINUTES 



08.07 ADVERTISING - NEWSPAPER POLICY 

RESOLVED: Griffiths/Turner 

That the Advertising – Newspaper Policy be rescinded. 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 

08.08 ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 

2012 

RESOLVED: Hawkins/Levido 

That Council adopt the Annual Financial Statements for the year ended 30 June 

2012, as submitted, together with the Auditor’s Report. 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 

08.09 MONTHLY REVIEW OF FINANCIAL POSITION - OCTOBER 2012 

RESOLVED: Intemann/Sargeant 

That Council adopt the adjustments included in the “Financial Implications” section of 

the Monthly Review of Financial Position report for October 2012. 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 

08.10 INVESTMENTS - SEPTEMBER 2012 

RESOLVED: Griffiths/Cusato 

That Council receive and note the Investment Report for September 2012. 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 


MINUTES 



08.11 DRAFT SPONSORSHIP POLICY 

RESOLVED: Intemann/Hawkins 


1. Endorse the draft “Sponsorship Policy and Sponsorship Guidelines” to be placed 

on public exhibition for a period of 28 days. 

2. Upon receipt and consideration of any submissions received during the 

exhibition period, consider the draft “Sponsorship Policy and Sponsorship 

Guidelines” for adoption at a future meeting of Council. 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 

08.12 TENDER T-12-14 ELECTRICAL WORKS (PLC, TELEMETRY & GENERAL) 

RESOLVED: Levido/Turner 


1. Accept the tenders from Mid Coast Telemetry Pty Ltd and Safety & Forensic 

Engineering Pty Ltd to be appointed to a panel of suppliers for the provision of 

Programmable Logic Controller (PLC) Circuit & Process Control Design, 

Documentation & Commissioning for an initial period of twenty-four (24) months 

commencing on the 1st January 2013 with a further twelve (12) month option 

available. 

2. Accept the tenders from Mid Coast Telemetry Pty Ltd and Concept Engineering 

Services Pty Ltd to be appointed to a panel of suppliers for the provision of 

Telemetry, Communications & Instrumentation Activities, Design Documentation 

and Commissioning for an initial period of twenty- four (24) months commencing 

on the 1st January 2013 with a further twelve (12) month option available. 

3. Accept the tender from SP Barker Electrical Pty Ltd for the provision of 

standard electrical repairs, maintenance, alterations & minor new work for an 

initial period of twenty-four (24) months commencing on the 1st January 2013 

with a further twelve (12) month option available. 

4. Affix the seal of Council to the necessary documents. 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 


MINUTES 



08.13 TENDER T-12-22 GLASSHOUSE CATERING 

RESOLVED: Roberts/Hawkins 


1. Accept the tender received from Qsine Group Pty Ltd for the Management 

Rights for Food & Beverage Services at the Glasshouse. 

2. Delegate the function of negotiating the terms of the lease to the General 

Manager (in accordance with the Local Government Act 1993 Section 335). 

CARRIED: 8/1 

FOR: Besseling, Cusato, Griffiths, Hawkins, Intemann, Levido, Turner and Roberts 

AGAINST: Sargeant 

08.14 TENDER T-12-24 PURCHASE OF ONE (1) LANDFILL COMPACTOR 

RESOLVED: Turner/Intemann 

MOTION 

Moved: Turner/Intemann 

That consideration of Tender T-12-24 Purchase of One (1) Landfill Compactor be 

deferred to the December 2012 Council Meeting to allow further advice from the 

Tender Evaluation Panel. 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 

08.15 COMPLIMENTS AND COMPLAINTS ANNUAL REPORT 2011-2012 

RESOLVED: Levido/Intemann 

That Council note the Compliments and Complaints Annual Report for 2011-2012. 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 

Port Macquarie-Hastings Council Page 12

MINUTES 



09.01 RECOMMENDED ITEMS FROM THE PMH SPORTING FUND SUB- 

COMMITTEE MEETING HELD 4 OCTOBER 2012 

RESOLVED: Sargeant/Griffiths 

That Council reimburse Patrick Hamilton $350.00 (ex GST) to assist with expenses 

incurred competing as part of the Northern NSW Country Under 13 Team at the 2012 

National Championships (Soccer) held in Coffs Harbour from 30 September to 4 

October 2012 inclusive. 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 

09.02 COMMUNITY HALLS SECTION 355 MANAGEMENT COMMITTEE 

MEMBERSHIP 2012 

RESOLVED: Hawkins/Cusato 


1. Endorse the membership of the Community Halls Section 355 Management 

Committees for 2012/2013 as outlined in the attached report. 

2. Thank, in writing, the outgoing committee members of the Community Halls 

Section 355 Committees for their service to the community. 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 


MINUTES 



09.03 2012/13 COMMUNITY GRANTS PROGRAM 

RESOLVED: Griffiths/Levido 

That Council approve: 

1. The recommended funding to the following groups under the Environmental 

Restoration Grants, funded through the Environmental Levy (Pool - $20,000). 

Port Macquarie Landcare Group (Manage vegetation on reserves) $5,000 

Port Macquarie Landcare Group (Train and equip volunteers) $5,000 

Friends of Kooloonbung Creek Nature Reserve (Eradicating weeds) $5,000 

Koala Preservation Society (Planting Koala Food Trees) $3,500 

Total Recommended for 4 projects = $18,500 

2. The recommended funding to the following groups under the Christmas and 

New Year Events Grants (Pool - $15000). 

Long Flat Public School P & C (Long Flat Christmas Tree) $740 

Port Macquarie City Church (Christmas on the Beach) $4,100 

Port Macquarie Ministers Association Inc (Carols by Candlelight) $5,000 

Wauchope Neighbourhood Centre (Christmas Fair) $2,500 

Bonny Hills Progress Association (Carols on the Deck) $800 

Lake Cathie – Bonny Hills Lions Club (Carols by the Lake) $1,500 

Total Recommended for 6 projects = $14,640 

3. The recommended funding to the following groups under the Community 

Development Grants (Pool - $140700). 

(a) 

Non-Council Owned Rural Halls: 

Comboyne War Memorial Hall $7,950 

Pappinbarra Progress Association $3,850 

Kendall Community Centre Reserve Trust $2,485 

Sub-total Recommended for 3 projects = $14,285 

(b) General Community Development (Pool - $126,415): 

Port Macquarie Neighbourhood Centre Inc $2,000 

Kendall Community Preschool Inc $3,565 

Birpai Local Aboriginal Lands Council (Aboriginal Men’s Group) $5,500 

Bago Magic Performance Group Inc $7,196 

St Josephs Family Services - St Agnes Early Education Centre $8,029 

St Vincent de Paul Society’s McCosker House $7,635 

Wauchope Little Athletics Centre $1,909 

Lifeline Mid Coast $6,065 

Port Macquarie Speech Pathology / Sensory Smart $3,800 

Family Drug Support $6,500 

Birpai Local Aboriginal Lands Council (Birpai Sewing Group) $5,000 


MINUTES 



Endeavour Mental Health Recovery Clubhouse $9,964 

Mid North Coast Maritime Museum Inc $3,150 

Camden Haven Meals on Wheels $4,010 

Rhythm Revue $1,800 

Kendall Men’s Shed $7,190 

Bellangry Craft Centre $6,312 

Hastings Headway $3,987 

Wauchope Scout Group $4,844 

UnitingCare Burnside $6,800 

Riding for the Disabled Wauchope / Port Macquarie Centre $5,000 

Popinjay and Nuncle Theatre Company Inc $2,500 

2 nd Wauchope Poultry Club $2,217 

Bundaleer Care Services $2,000 

Hastings Country Music Assoc Inc $3,000 

Zonta Club of Port Macquarie $497 

Wauchope Amateur Swimming Club $5,245 

Spinal Cord Injuries Australia $700 

Sub-total Recommended for 28 projects = $126,415 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 

09.04 ABORIGINAL RECONCILIATION ACTION PLAN UPDATE 2008 - 2012 

IMPLEMENTATION REPORT 

RESOLVED: Roberts/Sargeant 


1. Note the 2011/2012 Annual Implementation Report of the Aboriginal 

Reconciliation Action Plan 2008 – 2012. 

2. Note the commencement of work on the Aboriginal Reconciliation Strategy 

2013 – 2017. 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 


MINUTES 



09.05 UPDATE ON THE ENVIRONMENT AND CREATIVITY CENTRE PROJECT 

AND PROPOSED COMMUNITY GARDEN SITE LOCATION 

RESOLVED: Levido/Intemann 


1. Note the information in relation to the relocation of the community garden site 

to Central Road (Lot 4 DP 792855 and Lot 8 DP 262151) 

2. Approve the community engagement phase to commence regarding Central 

Road. 

3. That the General Manager provide a report to Council as to the site on the 

corner of Burgess Close and Ocean Drive as to the history of the site, future 

challenges of the site and costing issues. 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 

10.01 "EAT SEE DO" MAGAZINE 



1. Expresses its dissatisfaction with the way local businesses have been 

seemingly disregarded in the production, design and distribution processes 

associated with the “Eat See Do” magazine. 

2. Request the General Manager review Council’s procurement policies by 

February 2013 so as to ensure that local firms at all times be given fair and 

equal opportunity to tender and/or quote for Council business. 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 


MINUTES 



10.02 TENDER T-12-05 PORT MACQUARIE AIRPORT UPGRADE STAGE 1A 

(AIRSIDE) 

Councillor Cusato declared a pecuniary interest in this matter, left the room and was 

out of sight during the Council’s consideration, the reason being that Councillor 

Cusato’s company has a lease at the Port Macquarie Airport, the time being 7:51pm. 

RESOLVED: Intemann/Levido 


1. Accept the tender of $17,517,104.54 (excl. GST) received from Downer EDi 

Works Pty Ltd for the proposed Stage 1A (airside) upgrade of Port Macquarie 

Airport. 


3. Adopt an overall project budget for the proposed Stage 1A (airside) upgrade of 

$21,000,000 (excl. GST). 

4. Seek offers from appropriate lending institutions for flexible financing 

arrangements for the proposed works, with delegated authority given to the 

General Manager to accept the most suitable offer. 

CARRIED: 8/0 

FOR: Besseling, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner and 

Roberts 

AGAINST: Nil 

Michael Cusato returned to the meeting, the time being 08:01pm. 

10.03 SHOWGROUNDS 

RESOLVED: Intemann/Griffiths 

That Council note the response to the Question on Notice regarding Showgrounds. 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 


MINUTES 



11.01 CONTINUATION OF MANDATORY WATER CONSERVATION MEASURES 

RESOLVED: Griffiths/Hawkins 


1. Adopt the continuation of Mandatory Water Conservation Measures for the Port 

Macquarie-Hastings District Water Supply Scheme. 

2. Review these measures on a five (5) yearly basis. 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 

11.02 DA2012-0388 - INSTALLATION OF TELECOMMUNICATION FACILITY 

COMPRISING A TELESCOPIC MAST FOR AMATEUR RADIO USE AND 

CLAUSE 4.6 VARIATION TO CLAUSE 4.3 HEIGHTS OF BUILDINGS IN 

THE PORT MACQUARIE-HASTINGS LOCAL ENVIRONMENTAL PLAN 

2011 - LOT 42 DP 874192 22 LILLI PILLI CLOSE, KEW (PIN 31935) 

RESOLVED: Roberts/Cusato 

That DA2012 – 0388 for a installation of a telecommunication facility comprising a 

telescopic mast for amateur radio use and Clause 4.6 Variation to Clause 4.3 Height 

of Buildings in the Port Macquarie Hastings Local Environmental Plan 2011 at Lot 42, 

DP 874192, No. 22 Lilli Pilli Close, Kew, be determined by granting approval subject 

to the recommended conditions and as amended below by Council’s Development 

Assessment Panel: 

Amend Condition F1 to read as follows 

"Between the hours of 6am to 6pm, the use of the tower is restricted to a maximum of 

150 hours per calendar month. There is no restriction on the use of the tower from 

6pm to 6am as it will not be visible at night. When the tower is not being used during 

the 6am to 6pm period, the tower is to be in the lowered (6.6m height limit) position. 

The owner is to keep a log book of usage that is to be made available to Council 

upon request.". 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 


MINUTES 



11.03 CHEMICAL USAGE 


That Council note the response to the Question on Notice regarding chemical usage. 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 

12.01 OPERATIONAL PLAN PRIORITIES 

RESOLVED: Turner/Roberts 

That Council note the response to the Question on Notice regarding operational plan 

priorities. 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 

12.02 WAUCHOPE HEAVY VEHICLE DEVIATION 


That a report on the status of this issue be brought to the February 2013 Council 

Meeting. 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 

12.03 BLACKMANS POINT ROAD - CHANGE TO PERMANENT SPEED LIMIT 

RESOLVED: Turner/Hawkins 

That Council note the authorisation issued by the Roads & Maritime Services for a 

reduction of the existing 100kmh speed zone in Blackmans Point Road to 80kmh. 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 


MINUTES 



12.04 PARKING STRATEGY - PARKING TIME LIMITS PORT MACQUARIE 

TOWN CENTRE 

MOTION 

MOVED: Turner/Hawkins 

1. That a trial of two (2) hr parking commence in the following locations in the Port 

Macquarie CBD: 

i. Hay Street from Sunset Parade to Clarence Street 

ii. Clarence St from Short to Horton 

iii. Short from Clarence St to Barracks Lane 

2. That this trial commence as soon as possible in time for the Christmas 

shopping period. 

3. That the trial be reviewed as part of the overall parking strategy review within 

the next six (6) months. 

AMENDMENT 

MOVED: Sargeant/Griffiths 

That a trial of two (2) hr parking commence in the following locations in the Port 


i) Hay Street from Sunset Parade to Clarence Street 

ii) Clarence St from Short to Horton 

iii) Short from Clarence St to Barracks Lane 

iv) Horton Street from Hayward Street to William Street 

3. That this trial commence as soon as possible in time for the Christmas shopping 

period. 

4. That the trial be reviewed as part of the overall parking strategy review within the 

next six (6) months. 

CARRIED: 7/2 

FOR: Cusato, Griffiths, Hawkins, Levido, Sargeant, Turner and Roberts 

AGAINST: Besseling and Intemann 


That a trial of two (2) hr parking commence in the following locations in the Port 


i) Hay Street from Sunset Parade to Clarence Street 

ii) Clarence St from Short to Horton 

iii) Short from Clarence St to Barracks Lane 

iv) Horton Street from Hayward Street to William Street 

5. That this trial commence as soon as possible in time for the Christmas shopping 

period. 

6. That the trial be reviewed as part of the overall parking strategy review within the 

next six (6) months. 

CARRIED: 8/1 

FOR: Besseling, Cusato, Griffiths, Hawkins, Levido, Sargeant, Turner and Roberts 

AGAINST: Intemann 


MINUTES 



12.05 CLASSIFICATION OF LAND AT KENDALL (PIN 31769) 

RESOLVED: Levido/Sargeant 

That Council classify Lot 2 Section B DP7734 (River Street, Kendall) as Operational 

Land. 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 

13 QUESTIONS FOR NEXT MEETING 

13.01 TERTIARY EDUCATION PLANNING 

Question from Councillor Sargeant: 

Could the General Manager please advise Council by the December 2012 Council 

Meeting as to what plans it has to resume co-ordination of the strategic planning for 

tertiary education in this region so as to ensure the individual efforts of Charles Sturt 

University, Newcastle University and University of NSW, in association with North 

Coast Institute of TAFE are co-ordinated and at all times compatible with the 

economic and social needs of the area? 

Comments by Councillor (if provided): 

The most successful regional university campuses are those that are closely 

integrated into their local economy. During the early 2000's in Port Macquarie there 

was a tendency for universities to offer only the easiest to fill courses such as 

nursing. This led to duplication of offering and was not in this area's best interests. 

While their has been encouraging development of tertiary education recently, 

Council, as the representative of this community, needs to take a strong interest in 

ensuring ongoing development opportunities for this economy are maximised. 


MINUTES 



13.02 BUILDING BETTER REGIONAL CITIES PROGRAM AND 

HOUSING AFFORDABILITY SCHEME (HARS) 


Could the General Manager advise by the December Council Meeting if not 

beforehand, as to: 

1. The criteria determining eligibility to HARS , including retrospectivity and; 

2. When will this criteria, together with an application form, be made available to 

the public and promoted on the website and other ways. 

Comments by Councillor (if provided): 

Council has previously sought and received funding for the above programs to assist 

with upgrade of Innes Ruins Way and to provide housing subsidy to purchasers who 

meet certain criteria. In addition Council considered this to be an excellent way to 

stimulate the depressed local building industry. While the success of Council's 

application became public on 6th July, Council does not appear to have been in a 

position to respond to questions regarding eligibility and a timeframe resulting in 

some lost opportunity. 

13.03 CAMPING AT SHOWGROUNDS POLICY 

Question from Councillor Turner: 

Could the relevant Director provide a policy in regard to camping at Showgrounds, in 

relation to the previous motion at this meeting. 

Response: 

The Director of Development and Environment Services advised that a policy 

position is not required given the requirements for camping grounds is spelt out in 

detail by legislation. 

The meeting closed at 8.33pm. 

……………………………………….. 

Peter Besseling 

Mayor 


MINUTES 

Extra-Ordinary Council Meeting 


PRESENT 

Members: 

Councillor Peter Besseling (Mayor) 

Councillor Rob Turner 

Councillor Adam Roberts 

Councillor Lisa Intemann 

Councillor Justin Levido 

Councillor Geoff Hawkins 

Councillor Trevor Sargeant (joined the meeting at 5.18pm) 

Councillor Michael Cusato 

Councillor Sharon Griffiths 

Other Attendees: 

Tony Hayward (General Manager) 

Jeffery Sharp (Director of Infrastructure Services) 

Craig Swift-McNair (Director of Corporate & Business Services) 

Matt Rogers (Director of Development & Environment Services) 

Lesley Atkinson (Director of Community & Cultural Development) 

Stewart Todd (Group Manager Governance & Executive Services) 

Lyndal Harper (Acting Communications Manager) 

Bronwyn Lyon (Governance Support Officer) 

Sue Pollard (Statutory Reporting Officer) 

The meeting opened at 5.00pm. 

01 ACKNOWLEDGEMENT OF COUNTRY 

The Mayor opened the Meeting with an Acknowledgement of Country and welcomed 

all in attendance in the Chamber. 

02 APOLOGIES 

There were no apologies. 


MINUTES 



03 DISCLOSURES OF INTEREST 

There were no disclosures of interest presented. 

REQUEST TO SPEAK ON AN AGENDA ITEM 

The Mayor advised of requests to speak on an agenda item for Item 08.01 from: 

1. Brian Tierney (S) 

2. Jeff Gillespie (O) 

3. Brian Buckett (O) 

4. Tony Thorne (S) 

RESOLVED: Intemann/Hawkins 


08.01 KOOLOONBUNG CREEK PEDESTRIAN BRIDGE 

Brian Tierney, representing the external, non-Council Town Centre Masterplan Sub- 

Committee members, addressed Council endorsing Option 3 and answered 


Jeff Gillespie, representing the Town Centre Masterplan Sub-Committee, withdrew 

his request to address Council. 

Tony Thorne, representing the Port Macquarie Chamber of Commerce, addressed 

Council endorsing Option 3 and answered questions from Councillors. 

Councillor Sargeant joined the meeting, the time being 5.18pm. 

Brian Buckett, representing the Hastings Combined Seniors and Foreshore 

Protection Association, addressed Council endorsing Option 3 and answered 



MINUTES 



RESOLVED: Turner/Levido 


Invite tenders for the design and construction of a 2.5m wide pedestrian bridge 

across Kooloonbung Creek parallel to and approximately 5m downstream (ie 

north of) the existing Buller Street traffic bridge. The pedestrian bridge to be a 

single span cable stay structure as per Option 3. 

Negotiate with Essential Energy to achieve relocation of the existing 11KV overhead 

powerline crossing of Kooloonbung Creek in the vicinity of the bridge and 

endorse provision of Town Centre Masterplan funds to underwrite the 

associated design and construction costs. 

In reference to the funding agreement between the Commonwealth of Australia and 

the Port Macquarie-Hastings Council, dated 19 June 2012, allocate $600,000 

of the $1 million grant to the costs of the bridge. 

Undertake a Level 2 inspection of the Buller Street traffic bridge. 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 

08.02 DRAFT TOWN BEACH CONCEPT PLAN 

The Mayor tabled a document titled “Town Beach Kiosk and Amenity Block, Fixed 

Exercise Equipment and Foreshore Improvement Community Participation Plan”. 

RESOLVED: Sargeant/Intemann 


1. Endorse the draft Town Beach Concept Plan for exhibition purposes. 

2. Place the draft plans on public exhibition from 7 December 2012 to 25 

January 2013. 

3. Receive a report at the February Ordinary Council meeting regarding 

community feedback received during the public exhibition period. 

CARRIED: 8/1 

FOR: Besseling, Griffiths, Hawkins, Intemann, Levido, Sargeant, Turner and 

Roberts 

AGAINST: Cusato 


MINUTES 



08.03 LOCAL INFRASTRUCTURE RENEWAL SCHEME - FUNDING 

AGREEMENT FOR STINGRAY CREEK BRIDGE REPLACEMENT 

RESOLVED: Griffiths/Hawkins 

That Council execute the Local Infrastructure Renewal Scheme Funding Agreement 

for the Stingray Creek Bridge Replacement. 

CARRIED: 9/0 


and Roberts 

AGAINST: Nil 

The meeting closed at 5.38pm. 

……………………………………….. 

Peter Besseling 

Mayor 


AGENDA 



Item: 05 

Subject: DISCLOSURES OF INTEREST 


That Disclosures of Interest be presented 

DISCLOSURE OF INTEREST DECLARATION 

Name of Meeting: 

Meeting Date: 

Item Number: 

Subject: 

……………………………………………………………………….. 

……………………………………………………………………….. 

……………………………………………………………………….. 

……………………………………………………………………….. 

…………………………………………………….……………...….. 

I, ..................................................................................... declare the following interest: 

Pecuniary: 

Take no part in the consideration and voting and be out of sight of the 

meeting. 

Non-Pecuniary - Significant Conflict: 

Take no part in the consideration and voting and be out of sight of the 

meeting. 

Non-Pecuniary - Insignificant Conflict: 

May participate in consideration and voting. 

For the reason that: .................................................................................................... 

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

Signed: ......................................................................... Date: .................................. 

(definitions are provided on the next page) 

Item 05 

Page 27

AGENDA 



Definitions 

(Local Government Act and Code of Conduct) 

Pecuniary 

An interest that a person has in a matter because of a reasonable likelihood or 

expectation or appreciable financial gain or loss to the person or another person with 

whom the person is associated. (LG Act s442 and s443). 

A Councillor or member of a Council Committee who is present at a meeting and has 

a pecuniary interest in any matter which is being considered must disclose the nature 

of that interest to the meeting as soon as practicable. 

The Councillor or member of a Council Committee must not take part in the 

consideration and voting on the matter and be out of sight of the meeting. (LG Act 

s451) 

Non-Pecuniary 

An interest that is private or personal that the Councillor or member of a Council 

Committee has that does not amount to a pecuniary interest as defined in the LG Act. 

If you have declared a non-pecuniary interest you have a number of options for 

managing the conflict. The option you choose will depend on an assessment of the 

circumstances of the matter, the nature and significance of your interest. You must 

deal with a non-pecuniary interest in one of the following ways. 

Non Pecuniary – Significant Interest 

(For example; family, a close friendship, membership of an association, sporting club, 

corporation, society or trade union). 

• Have no involvement by absenting yourself from and not taking part in any 

consideration or voting on the issue as if the provisions in the LG Act s451(2) 

apply. 

• A future alternative is to remove the source of the conflict (for example, 

relinquishing or divesting the personal interest that creates the conflict or 

reallocating the conflicting duties to another officer). 

Non Pecuniary – Less than Significant Interest 

• It may be appropriate that no action is taken. However, you must provide an 

explanation of why you consider that the conflict does not require further 

action. 

Item 05 

Page 28

AGENDA 



SPECIAL DISCLOSURE OF PECUNIARY INTEREST DECLARATION 

By 

[insert full name of councillor] 

In the matter of 

[insert name of environmental 

planning instrument] 

Which is to be considered 

at a meeting of the 

[insert name of meeting] 

Held on 

[insert date of meeting] 

PECUNIARY INTEREST 

Address of land in which councillor or an 

associated person, company or body has a 

proprietary interest (the identified land) i 

Relationship of identified land to councillor 

[Tick or cross one box.] 

Councillor has interest in the land (e.g. is 

owner or has other interest arising out of a 

mortgage, lease trust, option or contract, or 

otherwise). 

MATTER GIVING RISE TO PECUNIARY INTEREST ii 

Associated person of councillor has 

interest in the land. 

Associated company or body of councillor 

has interest in the land. 

Nature of land that is subject to a change 

in zone/planning control by proposed 

LEP (the subject land iii 

[Tick or cross one box] 

Current zone/planning control 

[Insert name of current planning instrument 

and identify relevant zone/planning control 

applying to the subject land] 

Proposed change of zone/planning control 

[Insert name of proposed LEP and identify 

proposed change of zone/planning control 

applying to the subject land] 

Effect of proposed change of zone/planning 

control on councillor 

[Tick or cross one box] 

The identified land. 

Land that adjoins or is adjacent to or is in 

proximity to the identified land. 

Appreciable financial gain. 

Appreciable financial loss. 

Councillor’s Signature: ………………………………. Date: ……………….. 

Item 05 

Page 29

AGENDA 



Important Information 

This information is being collected for the purpose of making a special disclosure of 

pecuniary interests under sections 451 (4) and (5) of the Local Government Act 

1993. You must not make a special disclosure that you know or ought reasonably to 

know is false or misleading in a material particular. Complaints made about 

contraventions of these requirements may be referred by the Director-General to the 

Local Government Pecuniary Interest and Disciplinary Tribunal. 

This form must be completed by you before the commencement of the council or 

council committee meeting in respect of which the special disclosure is being made. 

The completed form must be tabled at the meeting. Everyone is entitled to inspect it. 

The special disclosure must be recorded in the minutes of the meeting. 

i. Section 443 (1) of the Local Government Act 1993 provides that you may have a pecuniary interest in a matter 

because of the pecuniary interest of your spouse or your de facto partner or your relative iv or because your business 

partner or employer has a pecuniary interest. You may also have a pecuniary interest in a matter because you, your 

nominee, your business partner or your employer is a member of a company or other body that has a pecuniary 

interest in the matter. 

ii. Section 442 of the Local Government Act 1993 provides that a pecuniary interest is an interest that a person has 

in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A 

person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not 

reasonably be regarded as likely to influence any decision the person might make in relation to the matter or if the 

interest is of a kind specified in section 448 of that Act (for example, an interest as an elector or as a ratepayer or 

person liable to pay a charge). 

iii. A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in 

proximity to land in which a councillor or a person, company or body referred to in section 443 (1) (b) or (c) of the 

Local Government Act 1993 has a proprietary interest—see section 448 (g) (ii) of the Local Government Act 1993. 

iv. Relative is defined by the Local Government Act 1993 as meaning your, your spouse’s or your de facto partner’s 

parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child and the spouse or 

de facto partner of any of those persons. 

Item 05 

Page 30

AGENDA 



Item: 06 

Subject: PUBLIC FORUM 

Residents are able to address Council in the Public Forum of the Ordinary Council 

Meeting on any Council-related matter not listed on the agenda. 

A maximum of eight speakers can address any one Council Meeting Public Forum 

and each speaker will be given a maximum of five minutes to address Council. 

Council may wish to ask questions following an address, but a speaker cannot ask 

questions of Council. 

Once an address in the Public Forum has been completed, the speaker is free to 

leave the chambers quietly. 

If you wish to address Council in the Public Forum, you must apply to address that 

meeting no later than 4.30pm on the day prior to the meeting by completing the 

'Request to Speak in Public Forum at Ordinary Council Meeting Form'. This form is 

available at Council's offices or online at www.pmhc.nsw.gov.au. 

Item 06 

Page 31

AGENDA 



Item: 07.01 

Subject: 

MAYORAL MINUTE - MAYORAL DISCRETIONARY FUND 

ALLOCATIONS 

Mayor, Peter Besseling 


That the Mayoral Discretionary Fund allocations for the period 30 October 

2012 to 30 November 2012 be noted. 

Discussion 

Listed below are the Mayoral Discretionary Fund allocations for the period 30 

October 2012 to 30 November 2012. 

Mayoral Discretionary Fund 

The total commitments from the (Administrator) Mayoral Discretionary Fund from 30 

October 2012 to 30 November 2012 is $1,304.55. 

This includes the following: 

“Bling for the Girls” Fundraiser $120.00 

Remembrance Day Wreath $54.55 

Civic Reception - Planning Institute of Australia NSW Conference $1,000.00 

Mayor’s Sporting Fund Golf Day $130.00 

------------- 

$1,304.55 

------------- 

Attachments 

Nil 

Item 07.01 

Page 32

AGENDA 




What are we trying to achieve? 

A collaborative community that works together and recognises opportunities for 

community participation in decision making that is defined as ethically, socially and 

environmentally responsible. 

What will the result be? 

 

 

 

 

 

A community that has the opportunity to be involved in decision making. 

Open, easy, meaningful, regular and diverse communication between the 

community and decision makers. 

Partnerships and collaborative projects, that meet the community’s 

expectations needs and challenges. 

Knowledgeable, skilled and connected community leaders. 

Strong corporate management that is transparent. 

How do we get there? 

1.1 Engage the community in decision making by using varied communication 

channels that are relevant to residents. 

1.2 Create professional development opportunities and networks to support 

future community leaders. 

1.3 Create strong partnerships between all levels of government and their 

agencies so that they are effective advocates for the community. 

1.4 Demonstrate conscientious and receptive civic leadership. 

1.5 Implement innovative, fact based business practices. 

Page 33

AGENDA 




Item: 08.01 

Subject: 

CONFIDENTIAL CORRESPONDENCE TO ORDINARY COUNCIL 

MEETING 

Presented by: Executive Services, Anthony Hayward 

Alignment with Delivery Program 

1.4.1 Comply with Local Government legislation, policies and agreed standards and 

communicate the impacts of this to the community. 


That Council determine that the attachments to Item numbers 08.09, 08.11, 

08.12, 08.13, 08.14, 08.15, 09.01, 12.10 be considered as confidential, in 

accordance with Section 11(3) of the Local Government Act. 

Discussion 

The following confidential attachment has been submitted to the Ordinary Council 

Meeting. 

Item No.: 08.09 

Subject: 

Glasshouse Finances 

Attachment Description: Jones Lange LaSalle - valuation report April 2008 

Confidential Reason: Contains information that would, if disclosed, confer a 

commercial advantage on a competitor of the Council 

(Local Government Act 1993 – Section 10A (2) (d) (ii). 

Item No.: 09.01 

Subject: 

Annual Reporting of Contracts for Senior Staff 

Attachment Description: 2012 Senior Staff Contractual Arrangements 

Confidential Reason: Contains information that relates to personnel matters 

concerning particular individuals (other than 

Councillors). Local Government Act 1993 – Section 

10A(2)(a). 

Item No.: 08.11 

Subject: 

Tender T-12-19 Flood Mitigation Channel – Belah Road 

Attachment Description: T-12-19 Evaluation & Pricing Analysis 

Confidential Reason: Confer a commercial advantage on a person with whom 

the Council is conducting (or proposes to conduct) 

business. Local Government Act 1993 – Section 

10A(2(c)). 

Item 08.01 

Page 34

AGENDA 




Item No.: 08.12 

Subject: 

Tender T-12-20 Supply & Delivery of Burial Plaques 





10A(2(c)). 

Item No.: 08.13 

Subject: 

Tender T-12-21 Purchase of Two (2) Motor Graders 





10A(2(c)). 

Item No.: 08.14 

Subject: 

Tender T-12-24 Purchase of One (1) Landfill Compactor 





10A(2(c)). 

Item No.: 08.15 

Subject: 

Tender T-12-25 Supply & Delivery of one (1) Elevated 

Work Platform (EWP) 





10A(2(c)). 

Item No.: 12.10 

Subject: Building Better Regional Cities Grants Program – 

Affordable Housing Incentive Scheme Arrangements 

Attachment Description: Ethan Affordable Housing Incentive Scheme Proposal 

November 2012 

Confidential Reason: Relates to commercial information of a confidential 

nature that would, if disclosed, prejudice the commercial 

position of the person who supplied it. (Local 

Government Act 1993 – Section 10A(2)(d)(i)). 

Attachments 

Nil 

Item 08.01 

Page 35

AGENDA 




Item: 08.02 

Subject: 

DECEMBER 2012 STATUS OF OUTSTANDING REPORTS TO 

COUNCIL 






That the information in the December 2012 Status of Outstanding Reports to 

Council be noted. 

Discussion 

Report Status Reporting 

Officer 

Wall Reserve, North Haven - 

Management of Parkland 

(Item 13 - ORD 26/08/09 

Rotary Park traffic issues 

community consultation results 

(Item 11 - ORD 24/11/10) 

Kooloonbung Creek – Relocation 

of Flying Foxes 

(Item 08.16 ORD 27/06/12) 

Evaluation of Council’s 

Regulatory Functions 


Local Government Funding 


Council’s Listening to the 

Community Policy 

(Item 08.24 – ORD 10/10/12) 

Glasshouse Finances 


Road Design and Construction 

Processes 

(Item 12.04 – ORD 10/10/12) 

Small Town Sewerage Scheme 


Webcastings of Council Meetings 


LPMA updating cadastre for 

reserve lots and Council still 

awaiting advice. 

Subject to completion of 

current works being 

undertaken and future 

funding. 

Current 

Anticipated 

Date for 

Report 

INFRA Dec 2012 

INFRA 1 st half 2013 

DES Jun 2013 

DES Feb 2013 

DCBS Feb 2013 

EXEC Mar 2013 

DCBS Dec 2012 

DIS Dec 2012 

DIS Dec 2012 

EXEC Feb 2013 

Item 08.02 

Page 36

AGENDA 




Council Land at Burgess 

Close/Ocean Drive 


Wauchope Heavy Vehicle 

Deviation Status Report 


DIS ???? 

DIS Feb 2013 

Attachments 

Nil 

Item 08.02 

Page 37

AGENDA 




Item: 08.03 

Subject: 

DISCLOSURE OF INTEREST RETURN - COUNCILLORS 






That the Disclosure of Interest returns for the Mayor and all Councillors be 

noted. 

Executive Summary 

This report informs Council of the lodgement of the returns disclosing the interests of 

all Councillors which are required under Section 444 of the Local Government Act 

1993. 

Discussion 

Section 444 of the Local Government Act 1993, requires Councillors to prepare and 

submit written returns of interests in accordance with Section 449. 

Section 450A(1) requires the General Manager to keep a Register of Returns and 

Section 450A(2) requires the General Manager to table the Returns at the first 

Council meeting held after the last date for lodgement. 

The Returns are then held in the Governance and Executive Services section of 

Council and, as required by Section 6 of the Government Information (Public Access) 

Act 2009, are available for public inspection, by appointment 

The Returns for the Councillors will be tabled at this meeting. 

Options 

Nil. Lodgement of a Return by Councillors is a requirement under Section 444 of the 

Local Government Act. 

Consultation/Submissions 

 

 

 

Group Manager Governance & Executive Services 

General Manager 

Mayor and all Councillors 

Item 08.03 

Page 38

AGENDA 




Planning & Policy Implications 

Nil. 

Financial & Economic Implications 

Nil. 

Attachments 

Nil 

Item 08.03 

Page 39

AGENDA 




Item: 08.04 

Subject: 

DISCLOSURE OF INTEREST RETURN - BUILDING SURVEYOR 

COMPLIANCE 






That the Disclosure of Interest return for Building Surveyor Compliance be 

noted. 


This report informs Council of the lodgement of a return disclosing the interests of a 

designated person which are required under Section 445 of the Local Government 

Act 1993. 

Discussion 

Section 445 of the Local Government Act 1993, requires Designated Persons to 

prepare and submit written returns of interests in accordance with Section 449. 

The position of Building Surveyor Compliance is a designated person under the Local 

Government Act. 

Section 450A(1) requires the General Manager to keep a Register of Returns and 

Section 450A(2) requires the General Manager to table the Returns at the first 

Council meeting held after the last date for lodgement. 

The Returns are then held in the Governance and Executive Services section of 

Council and, as required by Section 6 of the Government Information (Public Access) 

Act 2009, are available for public inspection, by appointment. 

The Return for the position of Building Surveyor Compliance will be tabled at this 

meeting. 

Options 

Nil. Lodgement of a Return by a Designated Person is a requirement under Section 

445 of the Local Government Act. 

Item 08.04 

Page 40

AGENDA 





Group Manager Governance & Executive Services 


Building Surveyor Compliance 


Nil. 


Nil. 

Attachments 

Nil 

Item 08.04 

Page 41

AGENDA 




Item: 08.05 

Subject: 

ESTABLISHMENT OF COUNCILLOR MEMBERSHIP TO 

COMMITTEES AND BOARDS 



1.1.1 Use a variety of tools to engage with the community in a manner that is 

representative, transparent and reflected in decision making. 



1. Appoint appropriate Councillor Representation to the currently 

established committees as follows: 

Committee 

Councillor Representation 

Audit Committee 

1 Councillor (Not Mayor) 

Australia Day Sub-Committee Mayor 

1 Councillor 

Development Assessment Panel 

Local Traffic Committee / 

Local Development Committee 

(Traffic) 

Mid North Coast Weeds Advisory 

Committee 

Port Macquarie-Hastings Sporting 

Fund Sub-Committee 

(Mayor’s Sporting Fund) 

Port Macquarie-Handa Sister City 

Sub-Committee 

Aboriginal Advisory Committee 

(currently suspended) 

Arts & Cultural Development 

Committee 

Crime Prevention Committee 

Hastings Access Sub-Committee 

Heritage & Museums Sub-Committee 

Port Macquarie-Hastings Youth 

Advisory Committee 

Regional Gallery Advisory Board 

Port Macquarie-Hastings LGA Coast 

& Estuaries Sub-Committee 

No Councillor representation 

Mayor 


Alternate Councillor 

Mayor 

Mayor 






Mayor 










2 Councillors 

Item 08.05 

Page 42

AGENDA 




Hastings Bush Fire Management 

Committee 

Port Macquarie-Hastings LGA 

Floodplain Sub-Committee 

Town Centre Master Plan Sub- 

Committee 

Port Macquarie-Hastings Local 

emergency Management Sub- 

Committee 

Water Supply Steering Committee 

Sewerage Steering Committee 

Section 355 Management Sub- 

Committees 


2 Councillors 







2. Appoint appropriate Councillor Representation to the following boards 

as follows: 

Board 

Councillor Representation 

Greater Port Macquarie Tourism 1 Councillor 

Association Inc. 


Arts Mid North Coast 



3. Rename the ‘Port Macquarie-Hastings Sporting Fund Sub-Committee’ to 

the ‘Mayor’s Sporting Fund Sub-Committee’. 


Council’s currently established committees do not have any Councillors as part of 

their membership. It is proposed to appoint a Councillor or a number of Councillors to 

the existing committees. 

In addition to establishing Councillor membership to existing committees it is 

proposed to appoint appropriate Councillor representation to a number of local and 

regional boards. 

Discussion 

Council has a number of established Sub-Committees and special purpose 

committees. Due to the recent period of administration these committees currently do 

not have any Councillors as part of their membership. 

It is proposed to appoint a Councillor or number of Councillors to the existing 

committees. Where appropriate a Councillor, who is appointed to the membership of 

a committee, will assume chairpersonship of that committee. 

Council’s current committees include: 

Item 08.05 

Page 43

AGENDA 




Special Purpose Committee 

Audit Committee 

Function: 

The objective of the Audit Committee is to provide independent 

assurance and assistance to the Port Macquarie-Hastings Council on 

risk management, control, governance, and external accountability 

responsibilities. 

Membership: Mr Grahame Marchant (Chairperson - Independent Representative) 

Ms Peri Sirovica (Independent Representative) 

Mr Gary Mottau (Independent Representative) 

Mr Stephen O’Rourke (Independent Representative) 

Vacant (Independent Representative) 

General Manager (Non Voting) 

Group Manager Governance & Executive Services (Non Voting) 

Group Manager Financial Services (Non Voting) 

Under the Internal Audit Guidelines released (September 2010) by the Division of 

Local Government, with regards to an Audit Committee: 

The Chairperson should be an independent member. 

For small councils it is suggested that one (1) Councillor, not being the Mayor, 

be appointed. 

For larger councils it is suggested that one (1) or two (2) Councillors, not 

being the Mayor, be appointed. 

Sub-Committee(s) 

Australia Day Sub-Committee 

Function: 

1. To stimulate a public awareness and recognition of Australia Day. 

2. To receive and consider nominations for Australia Day Awards and determine 

recipients of such Awards. 

Membership: Wauchope Rotary/Lions Club Representative(s) 

Tacking Point Lions Club Representative(s) 

Richard Gander (Community Representative) 

Vacant (Community Representative) 

Vacant (Community Representative) 

Group Manager Governance & Executive Services (Staff) 

Corporate Events Coordinator (Staff - current Chairperson in lieu of 

Mayor) 

It is proposed to appoint the Mayor and an additional Councillor Representative to 

the Australia Day Sub-Committee. 

Item 08.05 

Page 44

AGENDA 




Development Assessment Panel 

Function: 

1. To review development application reports and conditions. 

2. To determine development applications outside of staff delegations. 

3. To refer development applications to Council for determination where 

necessary. 

4. To provide a forum for objectors and applicants to make submissions on 

applications before DAP. 

5. To maintain transparency for the determination of development applications. 

Membership: Independent Chairperson 

Group Manager Development Assessment (Staff) 

Building Surveying Coordinator (Staff) 

Group Manager Technical Services (Staff) 

It is proposed to not appoint any Councillor representation to the Development 

Assessment Panel. 

Local Traffic Committee / Local Development Committee 

Function: 

To advise Council on traffic control matters that have been referred to 

Council. 

Membership: Port Macquarie-Hastings Council (Voting) 

Roads & Maritime Services (Voting) 

NSW Police (Voting) 

Local Member for Port Macquarie (Voting) 

Local Member for Oxley (Voting) 

Road Safety Officer (Non Voting Advisors) 

Ministry of Transport (Non Voting Advisors) 

NSW Fire Brigade (Non Voting Advisors) 

NSW Ambulance Service (Non Voting Advisors) 

Transport Workers Union (Non Voting Advisors) 

Chambers of Commerce (Non Voting Advisors) 

It is proposed to appoint the Mayor as the Councillor Representative to both the 

Local Traffic Committee and the Local Development Committee. 

Mid North Coast Weeds Advisory Committee 

Function: 

To coordinate the control of noxious weeds on the Mid North Coast 

LGAs 

Membership: State Agencies 

Councillors 

Local Government staff 

NGOs 

Farmers 

It is proposed to appoint one (1) Councillor Representative and an alternate to the 

Mid North Coast Weeds Advisory Committee. 

Item 08.05 

Page 45

AGENDA 




Port Macquarie-Hastings Sporting Fund Sub-Committee 

Function: 

1. To generate financial support for talented local athletes to reach Regional, 

State or National representative levels. 

2. To raise the profile of the Fund to enable talented youth to apply for funds and 

be assessed and allocated support, as deemed fit, based on the criteria set. 

Membership: Ann-Maree Crowe (Current Chairperson in lieu of Mayor) 

Mr John Weaver (Marketing) 

Ms Janine Buesnel (Media) 

Marc Stortenbeker (Media) 

Maureen Moore (Media) 

Jo-Anne Border (Community Representative) 

Michael Reid (Community Representative) 

Damon Richards (Community Representative) 


Corporate Events Coordinator (Staff) 

It is proposed to appoint the Mayor as the Councillor Representative to the Port 

Macquarie-Hastings Sporting Fund Sub-Committee. 

The Port Macquarie-Hastings Sporting Fund Sub-Committee due to the recent period 

of administration was renamed as such. It has been the Sub-Committees intention to 

reinstate the Sub-Committees original name, that being the Mayor’s Sporting Fund 

Sub-Committee, once the period of administration ceased. 

It is proposed to rename the Port Macquarie-Hastings Sporting Fund Sub-Committee 

to the Mayor’s Sporting Fund Sub-Committee. 

Port Macquarie-Handa Sister City Sub-Committee 

Function: 

To further and implement the ideals of the relationship established in the document 

signed 9 May 1990, viz: 

1. Exchange of civic organisations 

2. To mutually promote the visits of civic organisations and individual citizens 

and provide convenience to them. 

3. Economic exchanges 

4. To mutually hold an exhibition of principal products in each region and send a 

trade mission. 

5. Cultural exchanges 

(a) To introduce such Japanese traditional arts as flower arrangement, 

calligraphy, folk dance, karate and the like 

(b) To mutually send such artists groups as the fine arts, music and 

photography. 

(c) To hold a "Handa Exhibition" in Port Macquarie and a "Port Macquarie 

Exhibition" in Handa to introduce sister city. 

6. Sporting exchanges 

7. To mutually send sporting teams. 

Item 08.05 

Page 46

AGENDA 




8. Educational exchanges 

(a) Exchange teachers and students 

(b) Exchange children's drawings, books, movies, video tapes and the 

like. 

9. Exchanges among the museums, aquariums, zoological, gardens and 

arboretum in both cities. 

10. Exchanges in Technology 

11. To exchange technology and ideas on urban planning conservation and the 

like. 

Membership: Bruce Hardy (Chairperson in lieu of Mayor - Community Representative) 

Mitch McKay (Community Representative) 

Patricia Johnson (Community Representative) 

Graeme Cook (Community Representative) 

Brian Peel (Community Representative) 

Deborah Hoffman (Community Representative) 

Noel Hoffman (Community Representative) 

Louise Gibbs (Community Representative) 

Chantelle Dagger (Community Representative) 

Neil Porter (Community Representative - Membership deferred until Sept 2012) 


Corporate Events Coordinator (Staff) 


the Port Macquarie-Handa Sister City Sub-Committee. 

Aboriginal Advisory Committee 

Function: 

The purpose of the Aboriginal Advisory Committee (AAC) is to foster 

and progress Reconciliation by overseeing the implementation and 

monitoring of the Aboriginal Reconciliation Action Plan, including 

carrying out an annual review of progress made against key 

performance indicators and setting priorities for the following year. The 

committee also provides appropriate assistance, advice and guidance 

to Council on a range of matters. 

Membership: Birpai LALC Representative 

Bunyah LALC Representative 

Bindi Aboriginal Corporation Representative 

Aboriginal Medical Service Representative 

Aboriginal Employment Service Representative 

Bearlay Aboriginal Interagency Representative 

Hastings AECG Representative 

Traditional Owner Representative 

Traditional Owner Representative 

Aboriginal Youth Representative 

Aboriginal Youth Representative 

Aboriginal community Elder 

Aboriginal community Elder 

Aboriginal Community Representative 

Aboriginal Community Representative 

Councillor 

Executive Group Member (Staff) 

Item 08.05 

Page 47

AGENDA 




This Committee is currently suspended. The function of this Committee is currently 

being undertaken by the Bearlay Interagency. 


Aboriginal Advisory Committee and attend the relevant Bearlay Interagency 

meetings. 

Arts & Cultural Development Committee 

Function: 

1. Steer the development of comprehensive Cultural Planning. 

2. Advise on strategies for fostering community engagement with and active 

participation in arts and cultural programmes and projects. 

3. Facilitate information flow between Port Macquarie-Hastings Council, cultural 

organisations and the wider community. 

4. Facilitate partnerships and links to establish Port Macquarie-Hastings as a 

major cultural tourism destination. 

5. Promote and support creative industries. 

Membership: Heather Rawson 

Jenny Hooper 

Jenny Hutchison 

Jo Davidson 

Kim Staples 

Krissa Wilkinson 

Marg Duffy 

Rod Howard 

Suzie West 

Vana Ford 


Arts & Cultural Development Committee. 

Crime Prevention Committee 

Function: 

The Hastings Crime Prevention Committee (CPC) is an advisory 

committee that informs the development, implementation and 

monitoring of the Hastings Crime Prevention Plan. The Committee is 

responsible for identifying the vision and objectives for the Crime 

Prevention Plan and working with partners to achieve identified 

outcomes. The Committee has both an advisory and an actionfocussed 

role. 

Membership: Child Protection Network 

North Coast Area Health – Drug & Alcohol Service, Harm Reduction 

Program 

Hastings Business Enterprise Centre 

Business Women’s Network 

NSW Police – Crime Management Unit 

NSW Attorney General’s Department – Victim’s Support, Violence 

Against Women Unit 

Department of Education and Training- Welfare 

Item 08.05 

Page 48

AGENDA 




Department of Corrective Services - Probation and Parole 

Port Macquarie Chamber of Commerce 

Bearlay Aboriginal Interagency 

Department of Housing 

Independent Business Representatives 

Hastings Domestic Violence Committee 

Hastings Women and Children’s Refuge 

Local Members of Parliament or delegates 

Independent Member 

Community Development (Staff) 


the Crime Prevention Committee. 

Hastings Access Sub-Committee 

Function: 

1. To provide advice and recommendations to Council on strengthening 

accessibility to all public areas and public buildings within the Hastings LGA. 

2. To develop projects that will improve physical access for people with a 

disability living in the Port Macquarie Hastings LGA. 

3. To oversee the implementation and monitoring of Councils Disability 

Discrimination Act (DDA) Action Plan 

4. To determine funding for upgrades in line with the ‘Guidelines for Prioritising 

Access Funding’ 

Membership: Community Representative (8x) 

Community Development (Staff) 

Infrastructure Services (Staff) 

Development & Environment (Staff) 


Hastings Access Sub-Committee. 

Heritage & Museums Sub-Committee 

Function: 

1. Provide advice to Council on the management of heritage matters by the 


2. Raise community awareness of our local heritage through publications, 

seminars, public displays and exhibitions & awards & festivals. 

3. Show leadership in the collecting and documenting of local heritage material 

including artefacts and undertake continuing research to increase the 

knowledge of heritage sites & collections. 

4. Make recommendations on the nomination and deletion of items from the 

Heritage Schedule in Hastings LEP 2001 and any other future Local 

Environmental Plans. 

5. Consider reports and comments by Council's Heritage Advisor. 

6. Make recommendations to Council on the management of Councils Local 

Heritage Fund. 

7. Provide a forum to facilitate commercial and tourism related opportunities 

associated with Heritage promotion within the Hastings. 

Item 08.05 

Page 49

AGENDA 




8. Liaise with Council’s Heritage Advisor to provide information, & advice 

regarding heritage issues in the LGA. 

9. Facilitate co-ordination and co-operation between Hastings museums, 

heritage groups & groups with similar objectives, through information sharing 

and collaboration on joint projects. 

Membership: Camden Haven Historical Society 

Douglas Vale Conservation Group 

Friends of Port Macquarie Historic Courthouse 

Kendall Heritage Society 

Mid North Coast Maritime Museum 

National Parks and Wildlife Service (Roto House) 

Port Macquarie & Districts Family History Society 

Port Macquarie Historical Society 

St Thomas’ Church 

Wauchope District Historical Society 

Heritage Advisor - Stephen Booker 


Heritage & Museums Sub-Committee. 

Port Macquarie-Hastings Youth Advisory Committee 

Function: 

The role of the Youth Advisory Council is to represent local young 

people and raise issues that are important to them, both locally and 

State-wide. The Youth Advisory Council also works to create, promote 

and encourage activities for young people living in the Hastings. 


Port Macquarie-Hastings Youth Advisory Committee. 

Regional Gallery Advisory Board 

Membership: Shan Blake (Community Representative) 

Janine Buesnel (Community Representative) 

Gavin Crichton (Community Representative) 

Max Grubb (Community Representative) 

Jim Harper (Community Representative) 

Jim Matsinos (Community Representative) 

Stuart Rayner (Community Representative) 

Wendy Stokes (Community Representative) 

Craig Teasdell (Community Representative) 

Councillor 

Director Community & Cultural Development (Staff) 

Group Manager Cultural Services (Staff) 

Gallery Manager (Staff) 


Regional Gallery Advisory Board. 

Item 08.05 

Page 50

AGENDA 




Port Macquarie-Hastings LGA Coast & Estuaries Sub-Committee 

Function: 

1. Advise Council on conditions and management issues in the Hastings, 

Camden Haven and Lake Cathie/Lake Innes estuaries. 

2. Advise Council on the implementation of the Hastings, Camden Haven and 

Lake Cathie/Lake Innes Estuary Management Plans. 

3. Advise Council on conditions and management issues in the coastline (as 

described in the NSW Coastal Policy) within the LGA. 

4. Act as a committee as set out in the NSW Estuary and NSW Coastline 

Management Manuals. 

Membership: Adrian Button (Waterway Users) 

Alan MacIntyre (Camden Haven) 

Alison Kennedy (Bonny Hills) 

Bob Jolly (Lake Cathie) 

Jack Jones (Lake Cathie) 

Laurie Lardner (Port Macquarie) 

Mark Bulley (Port Macquarie) 

Patrick McEntee (Port Macquarie) 

Tony Troup (Camden Haven) 

Paul Hyde (Hastings River Fisherman's Co-operative) 

Robert Birse (Lands) 

Lee Burdett (Fisheries) 

Eric Claussen (NPWS) 

Peter Clark (NPWS Alternate) 

Robert Kasmarik (DECC) 

Director Development & Environment Services (Staff) 

Group Manager Environment Services (Staff) 

Environmental Engineer (Staff) 

Natural Resources Officer (Staff) 

It is proposed to appoint two (2) Councillor Representatives to the Port Macquarie- 

Hastings LGA Coast & Estuaries Sub-Committee. 

Hastings Bush Fire Management Committee 

Function: 

A District Fire Committee must, at the request of the Co-ordinating 

Committee: 

(i) Assist the Committee in the performance of its functions under 

Section 41A of the Act; 

(ii) Assist the Committee or a Fire Prevention Association 

operating in the Committee's area, in the performance of its 

functions under Sections 41B and 54 of the Act. 

A District Fire Committee may draw to the attention of: 

(i) The Co-ordinating Committee; or 

(ii) A prescribed organisation; or 

(iii) A public authority exercising its functions in the Committee's 

area 

any matter it considers relevant to the protection of land, life or 

property in that area from the impact of bush fires. 

Item 08.05 

Page 51

AGENDA 




Membership: NSW Fire Brigades 

Rural Fire Service 

Department of Lands 

National Parks and Wildlife Service 

NSW Police 

NSW Forests 

Roads & Maritime Services 

Country Energy 

NSW Farmers Association 

Horticultural Officer (Staff) 

It is proposed to not appoint any Councillor representation to the Hastings Bush Fire 

Management Committee. 

Port Macquarie-Hastings LGA Floodplain Sub-Committee 

Function: 

Advise Council in the development and implementation of floodplain 

risk management plans for the Hastings LGA. 

Membership: Patrick McEntee (PMQ Conservation Society) 

John Hough (Hastings River and Landcare) 

Alan MacIntyre (Community Representative) 

Alan Taylor (Development Industry Representative) 

David Felsch (Community Representative) 

Graeme Sayer (Development Industry Representative) 

Tim Richards (SES) 

Garry Gajks (SES - Alternate Delegate) 

Kevin Gibson (Dept Environment & Climate Change) 

Steve Hart (SES) 

Director Development & Environment Services (Staff) 

Group Manager Environment Services (Staff) 

Group Manager Development Assessment (Staff) 

Environmental Engineer (Staff) 

It is proposed to appoint two (2) Councillor Representatives to the Port Macquarie- 

Hastings LGA Floodplain Sub-Committee. 

Town Centre Master Plan Sub-Committee 

Function: 

1. To recommend works priorities to Council for the implementation of the Town 

Centre Master Plan. 

2. To act as a communication conduit between Council and the CBD 

stakeholders in respect to the Town Centre Master Plan. 

3. Advocate of the Town Centre Master Plan to the community. 

4. To recommend an annual Works Programme and Budget. 

5. To account for and approve expenditures of funds raised externally to 


Item 08.05 

Page 52

AGENDA 




Membership: Stephen Byers 

Jeff Gillespie 

Anthony Wilson 

Michael Mowle 

David Capper 

Robert Turner 

Brian Buckett 

Anthony Thorne 

Brian Tierney 

Director Infrastructure Services (Staff) 


Town Centre Master Plan Sub-Committee. 

Port Macquarie-Hastings Local Emergency Management Sub-Committee 

Function: 

A Local Emergency Management Committee is responsible for the 

preparation of plans in relation to the prevention of, preparation for, 

response to and recovery from emergencies in the local government 

area for which it is constituted. 

In the exercise of its functions, any such Committee is responsible to 

the relevant District Emergency Management Committee. 

Membership: District Emergency Management Officer (DEMO) 

Local Emergency Management Officer (LEMO) 

NSW Police Representative 

NSW Fire Brigade Representative 

NSW Rural Fire Service Representative 

Ambulance Service of NSW Representative 

Hastings SES Representative 

Mid North Coast Area Health Service Representative 

National Parks & Wildlife Service Representative 

Port Macquarie Sea Rescue Group Representative 

Department of Community Services Representative 

Department of Primary Industry Representative 

Telstra Representative 

Country Energy Representative 

It is proposed to not appoint any Councillor representation to the Port Macquarie- 

Hastings Local Emergency Management Sub-Committee. 

Water Supply Steering Committee 

Function: 

To oversee planning and implementation for major water supply 

augmentation and make recommendations to Council. 

Membership: Mayor 

Councillor (3x) 


Group Manager Water & Sewer (Staff) 

Item 08.05 

Page 53

AGENDA 




It is proposed to not appoint any Councillor representation to the Water Supply 

Steering Committee. This committee will be the subject of a future report to Council. 

Sewerage Steering Committee 

Function: 

To oversee planning and implementation for major sewerage supply 

augmentation and make recommendations to Council. 

Membership: Mayor 

Councillor (3x) 


Group Manager Water & Sewer (Staff) 

It is proposed to not appoint any Councillor representation to the Sewerage Steering 

Committee. This committee, as with the Water Supply Steering Committee, will be 

the subject of a future report to Council. 

Section 355 Management Sub-Committees 

It is proposed to not appoint Councillors representation to any Section 355 

Management Sub-Committee. 

A list of these committees is provided below: 

Beechwood School of Arts Hall Management Sub-Committee 

Bonny Hills Community & Recreation of Arts Hall Sub-Committee 

CC Mac Adams Music Centre Management Sub-Committee 

Camden Haven District Sport & Recreation Management Sub-Committee 

Charlie Watt Memorial Sports Field Management Sub-Committee 

Lake Cathie Community & Recreation Hall Management Sub-Committee 

Lake Cathie Sports Council 

Lank Bain Sporting Complex Management Committee 

Lorne Recreation Centre Management Sub-Committee 

Pappinbarra Recreation Reserve Management Committee 

Pembrooke Community Hall Committee 

Port Macquarie Historic Courthouse Management Sub-Committee 

Port Macquarie Seniors’ Facility Management Sub-Committee 

Wauchope Community Centre Management Sub-Committee-Arts Council Hall 

Wauchope Rotary Youth Club Sub-Committee 

Wauchope Sports Management Sub-Committee 

Local and regional Boards 

It is proposed to appoint appropriate Councillor representation to the following 

boards: 

Greater Port Macquarie Tourism Association 


Greater Port Macquarie Tourism Association Board. 

Item 08.05 

Page 54

AGENDA 




Arts Mid North Coast 


Arts Mid North Coast Board. 

Options 

Council is to determine appropriate Councillor Representation on its committees and 

external boards. 


 

 

 

 

General Manager. 

Directors. 

Group Manager Governance and Executive Services. 

Port Macquarie-Hastings Sporting Fund Sub-Committee (with regards to the 

renaming of the Sub-Committee). 


Nil. 


Nil. 

Attachments 

Nil 

Item 08.05 

Page 55

AGENDA 




Item: 08.06 

Subject: PROCUREMENT PROFESSIONAL OF THE YEAR AWARD FOR 2012 



1.2.1 Develop and implement corporate leadership practices that support the 

achievement of community goals. 


That Council congratulate Council’s Procurement Coordinator Michael 

Robinson on being awarded Procurement Professional of the Year Award for 

2012 by Local Government Procurement. 


The Procurement Professional of the Year Award was presented to Council’s 

Procurement Coordinator, Michael Robinson, at the Local Government Procurement 

Conference held in Sydney last week. 

Discussion 

It is very pleasing to announce that Council’s Procurement Coordinator Michael 

Robinson has been awarded the Procurement Professional of the Year Award for 

2012 by Local Government Procurement Pty Ltd. 

This is an outstanding achievement as it recognises the work of procurement 

professionals from across NSW and it is very pleasing to know that we have 

someone so highly regarded in the industry contributing to our organisation. 

Procurement is obviously a key part of our organisation and it is critical that we 

continue to achieve best value for money across all our procurement activities. 

Through Michael’s dedicated approach to procurement processes and practices, we 

are continuing to refine our processes to ensure best value is delivered at all times. 

Please all join me in congratulating Michael on this achievement. 

Options 

Not applicable. 


Consultation has taken place with the Director of Corporate and Business Services. 

Item 08.06 

Page 56

AGENDA 








Attachments 

Nil 

Item 08.06 

Page 57

AGENDA 




Item: 08.07 

Subject: 

DRAFT ASSET DISPOSAL POLICY 

Presented by: Corporate & Business Services, Craig Swift-McNair 


1.5.3 Ensure ratepayer value for money through continual improvement in quality 

and efficiency of Council services. 



1. Endorse the draft “Asset Disposal Policy” to be placed on public 

exhibition for a period of 60 days. 

2. Upon receipt and consideration of any submissions received during the 

exhibition period, consider the “Asset Disposal Policy” for adoption at a 

future meeting of Council. 


This draft policy applies to the disposal of all assets by Council and ensures that an 

appropriate level of discipline, probity and compliance with any legal or policy 

requirements, is applied across the organisation. 

Discussion 

The Independent Commission Against Corruption (ICAC) advise that public sector 

agencies that regularly dispose of depreciated, redundant or excess stock need to 

ensure they have standardised methods to manage the disposal of unwanted 

resources in a transparent and accountable manner. 

This policy directs Council activities to openly and transparently dispose of assets 

that have reached the end of their useful life or are deemed to be surplus to its 

needs. In doing so, Council must aim to: 

 

 

 

 

Provide a systematic and transparent method for the disposal of assets; 

Ensure that best value for money is achieved; 

Promote fair and effective competition to the greatest extent; 

Comply with Council’s position on sustainability and environmentally friendly 

practices. 

Council does not currently have a policy that prescribes how to dispose of assets, so 

it is only prudent that such a policy be developed that will form an important part of 

our suite of procurement related policies. 

Item 08.07 

Page 58

AGENDA 




Options 

Council could choose not to adopt the draft Asset Disposal Policy for exhibition. 


Consultation has taken place with Council’s General Manager, Directors and Senior 

Leadership Team. 

The draft Asset Disposal Policy was presented to and endorsed by Council’s Audit 

Committee on 8 th November 2012. 


The attached draft Policy applies to the disposal of all assets by Council and provides 

a framework for compliance with the disposal of assets. However, it should be noted 

that the sale of land requires a resolution of Council as per the Local Government 

Act. 


Reporting and accounting for disposal of all assets will be done in accordance with 

Local Government Code of Accounting Practice and Financial Reporting. The Group 

Manager, Financial Services will ensure that appropriate financial management 

practices are followed and Council records are maintained, including the Council 

financial accounts and asset register. 

Attachments 

1. Asset Disosal Policy 

Item 08.07 

Page 59

AGENDA 




Item: 08.08 

Subject: MONTHLY REVIEW OF FINANCIAL POSITION - NOVEMBER 2012 



1.4.2 Manage Council’s financial assets & to provide accurate, timely and reliable 

financial information for management purposes. Strategic financial planning & 

reporting and operational financial services - including payroll, accounts payable, 

investments, debt recovery, revenue and rates billing, asset accounting, grant 

administration, taxation compliance (FBT, GST, PAYG), budget preparation, general 

accounting. 


That Council adopt the adjustments included in the “Financial Implications” 

section of the Monthly Review of Financial Position report for November 2012. 


Each month, Council’s budgets are reviewed by Managers and Directors and any 

required adjustments are reported. 

Discussion 

The November budget review forecasts a deficit for the 2012/13 financial year of 

$591,135. This is an improvement of $6,412 over the October result and an 

improvement of $138,454 over the original budget. 

Commentary of Key Variance Items 

1. The majority of adjustments this month are for the recognition of grants and 

contributions received by Council and the associated expenditure of the funds. 

2. Council’s new Process Improvement Section has been set up and the budgets 

required to fund this section until June 30 2013 have been included in this 

review. 

3. Various other adjustments with a nil effect on Council’s bottom line have also 

been included. 

Options 

Council may adopt the recommendations as proposed or amend as required. 


Consultation in this matter has occurred across each Division and Section with input 

from Directors and Managers 

Item 08.08 

Page 60

AGENDA 





Nil 


Attached to the report for information is each individual budget adjustment by 

Division and Section. The net budget movement amounts to a surplus for the month 

of $6,412. 

Responsible Accounting Officer Statement 

The approved budget deficit for 2012/13 currently stands at $597,547. The 

adjustments included in this report will reduce this deficit to $591,135. This is 

considered an unsatisfactory result for the year. Budgets will have to be monitored 

closely during the year so that any savings can be applied to this deficit. During the 

month of November each Director, in conjunction with their Group Managers, have 

been conducting a comprehensive review of their budgets to identify any savings in 

order to further reduce the projected deficit. 

Attachments 

1. 2012 - 2013 November Budget Adjustments 

Item 08.08 

Page 61

AGENDA 




Item: 08.09 

Subject: 

GLASSHOUSE FINANCES 








accounting. 



1. Note the information provided on the status of Glasshouse finances and 

outstanding loans; and 

2. Provide a further report to Council on the current year budget forecast 

following ledger restructuring. 


At the October 2012 Ordinary Meeting of Council the General Manager was 

requested to prepare a report on the status of the Glasshouse Finances and 

specifically: 

1. The current and future financial reporting capability to breakdown all financial 

details by financial year by category of activity as follows: 

a) Community 

b) Commercial 

c) Council 

d) Other 

2. The capability of the financial reporting structure and package to enable 

management to micro manage financial performance and efficiency of 

individual Glasshouse activities/events/performances. 

3. The full details of the supporting loans including assessments of possible early 

repayment initiatives. 

4. A detailed profit and loss and balance sheet for both financial year 2011/2012 

and previous years as well as the budget for 2012/2013. 

Item 08.09 

Page 62

AGENDA 




Discussion 

Current Financial Reporting Activity 

The financial accounting software operated by Council (Authority) is a robust and 

complex system which integrates with many applications such as Rates, Debtors, 

Creditors, and Payroll. Despite this complexity the system allows a relatively flexible 

chart of accounts to be built to allow for customisation between business units; yet 

still allows for a consolidated set of audited financial statements to be produced from 

the approximately 34,000 ledger numbers and 7,000 work order numbers that exist 

within the program. 

In terms of the Glasshouse, the ledger structure had originally been built whereby the 

focus of the ledger was on an integrated facility. This structure does not allow 

(without considerable manual manipulation) a separation of key Glasshouse activities 

of Commercial, Cultural and Commercial. Other difficulties have been recently 

identified which also complicate the ability to produce accurate and useful information 

in this format:- 

1. Centralisation of key costs – costs such as staff labour and marketing are 

not currently allocated by activity. 

2. Inter-activity charges – Internal Glasshouse Commercial activities are 

charged to Cultural and Community either at cost or not at all (for example, 

catering). 

3. Sponsorship – Sponsorship has generally not been recognised in the ledger; 

which has understated the cost of Cultural and Community activities. 

4. Council usage – The usage of the venue by Council (for functions or events 

such as Ironman) has been either free or heavily discounted. Whilst the 

overall effect on Council’s bottom line is unaffected (unless the function or 

event is for a non-general fund activity) this practice has seen the function of 

Council responsible for the event/function as understating their true costs to 

the detriment of the Glasshouse. 

Future Financial Reporting Activity 

The transfer to Corporate and Business Services has resulted in a different ledger 

structure being required than that which previously existed, to allow for the cost of 

key activities to be accurately identified in the structure. This ledger rebuild is 

currently underway; with the key activities for high level reporting being Commercial, 

Community and Cultural. Some internal service provision occurs within the building 

(Back of House/Front of House etc) which under the new structure will be allocated 

back to the key activities to enable true costs of the activities to be ascertained. 

Obviously, several hundred ledger numbers will exist below these levels to capture 

detailed financial reporting components at lower levels to enable management 

reporting and decision making to occur. 

Whilst the current ledger structure still satisfies accounting standards, the Code of 

Accounting Practice; and Council’s External Auditors; it is considered that the change 

in ledger structure will allow for better management decision making in terms of 

resource allocation and setting strategic direction and performance targets. 

Work is underway from an internal process perspective to address the difficulties 

which currently impede being able to accurately report on the financial position of the 

Item 08.09 

Page 63

AGENDA 




key Glasshouse Activities including costing labour and marketing to the correct 

activity; accurately charging internal service provision to the relevant activity; 

accounting for sponsorship accurately; and ensuring that Council use of the facility is 

recognised as a commercial activity. 

Other costs include Council Overheads and Loans. Council Overheads incorporate 

management charges (a proportion of Divisional Management costs allocated to 

Glasshouse); Information Technology and Human Resources charges (a proportion 

of organisational costs to provide information technology and human resources 

services to the Glasshouse) and Administration charges which represent a proportion 

of Council costs to provide Accounts Payable, Accounts Receivable, Payroll, 

Records Management, Printing and Finance costs to the Glasshouse. These will also 

be allocated to the activities of Commercial, Community and Cultural in an 

accountable manner. 

There is considerable work in rebuilding the ledger structure and since the new 

structure will be implemented part way through a financial year, existing year to date 

transactions will need to transferred to the new structure. This process has begun 

with staff using new ledger numbers from the end of November 2012; and it is 

anticipated that closing old ledger numbers and the transfer of actual data 

(representing transactions from 1 July 2012 to end of November 2012) from the old 

structure to the new structure will be complete by January 2013. It is proposed to 

present the current year adopted budget in the new format; in addition to budgetary 

changes required to estimate the financial position of the Glasshouse in the new 

format as at 30 June 2013 to the February meeting of Council. 

Financial Performance of individual events/performances 

Profit and Loss on a per event/show basis in the ledger structure is an arduous 

process which is resource heavy and would require additional resources (and clearly 

additional cost to Glasshouse operations) to achieve on an accurate basis requiring 

allocation of electricity costs etc. 

However, in line with other similar venues; Box Office and Event Management 

Software provides enough detail on an event/show basis to enable informed 

management decisions to be made at an operational level. 

Glasshouse Loans and early repayment initiatives 

The following table lists the original Glasshouse loans and principal balances 

outstanding as at 30 June 2012. The break cost (the penalty charged by the bank for 

early termination of a fixed interest loan) is not included in the original loan contracts 

but is provided by the banks upon request. These costs are basically a function of the 

remaining period of the loan and the prevailing interest rate at the time referenced to 

the original interest rate at the loan drawdown date. Hence break costs are fluid and 

vary at different points in time. The break costs below were provided in December 

2011 and may have varied since that time; however provide an indicative guide as to 

the quantum of break costs which would be applied. It should be noted that, on 

average, the interest rates on these loan are still relatively competitive in the current 

market. 

Item 08.09 

Page 64

AGENDA 




Date 

Borrowed 

Bank 

Amount 

Borrowed 

$ 

Loan 

Maturity 

Date 

Principal 

Outstanding 30 

June 2012 

Interest 

Rate 

Indicative 

Break 

Costs 

Jun-05 CBA 3,500,000 Jun-25 2,709,030 6.03% 182,613 

May-06 NAB 11,780,000 May-26 9,265,194 7.204% 701,856 

Dec-06 CBA * 5,435,954 Dec-26 4,535,308 6.27% 415,980 

Oct-08 NAB 2,460,000 Oct-18 1,788,958 7.219% 84,521 

Jan-09 NAB 4,800,000 Jan-29 4,372,617 5.612% - 

27,975,954 22,671,107 1,384,970 

* This is a portion only of a larger loan totalling $16.3m. The loan includes a $10.9m Section 94 loan 

component. If this loan was to be paid off in full total break costs would be around $1.2m. The $416k is 

the pro rata portion of this total applicable to the Glasshouse portion of the overall loan. 

A previous resolution of Council (on 15 th December 2010) was that the proceeds that 

flow from Council’s Thrumster land holding be first attributed to repay the loans 

relating to the Glasshouse. 

Jones Lange LaSalle provided a valuation report to Council in April 2008 of Council’s 

landholdings at Thrumster. It is now considered that this report would now be 

outdated. However, it was their view that an outright sale option would most likely 

return considerably less than other options available i.e. sale post Development 

Application Process and Council developing the site, further details are provided in 

the confidential attachment. This confidential attachment contains information that 

would, if disclosed, confer a commercial advantage on a competitor of the council 

(Local Government Act 1993 – Section 10A (2) (d) (ii). 

There is still considerable uncertainty given the current stage of the Development 

Control Plan (DCP). This process has been underway for some time, and it is 

possible that this may not be resolved until mid to late 2013. Particular issues to be 

considered / resolved include:- 

- Koala Habitat – this is a key feature 

- Infrastructure including status of roads into Council’s Industrial area, 

proposed interim access points and staging of development. 

Whilst the Jones Lange LaSalle report may now be outdated, it is considered 

premature to undertake another option assessment until the DCP process is 

finalised. Should Council choose to sell the Thrumster land prior to the Development 

Application stage; then it is likely that Council will achieve a lower return than if other 

options were explored post Development Application, noting that the break costs on 

the loans as described above would also be incurred. 

Financial Reports 

The attached report shows the Income Statement and Balance Sheet for the 

Glasshouse operations for the four years ended 30 June 2012. Also included is the 

budget estimate for 2012/13. 

Item 08.09 

Page 65

AGENDA 




Options 

Council may adopt the recommendations as proposed or amend them. 


Consultation in this matter has occurred with Glasshouse staff; Director Corporate & 

Business Services; Group Manager Business Services and Group Manager Financial 

Services. 




This report is for information purposes only. Should Council be in a position to repay 

the Glasshouse loans (all or in part) at some time in the future the break costs will 

need to be determined at that point in time. 

Attachments 

1. Glasshouse Financials 

2. Jones Lang LaSalle Scenario Financial Summary (Confidential) 

Item 08.09 

Page 66

AGENDA 




Item: 08.10 

Subject: INVESTMENTS - OCTOBER 2012 








accounting. 


That Council receive and note the Investment Report for October 2012. 


Investment balances and performance for the month of October 2012 are presented 

in this report. 

Discussion 

This report provides details of all funds that Council has invested under Section 625 

of the Local Government Act, as at 31 October 2012. 

All investments were made in accordance with the Act, Regulations and Council’s 

Investment Policy. 

Developments 

Staff continue to monitor opportunities to switch to allowable alternate investments 

with a greater forecast investment return to maturity. Council’s independent advisor, 

Denison Advisory Services, is continuing to work with the Finance team in reviewing 

Council’s portfolio and investment strategy. 

The investment portfolio as at 31 October 2012 is as follows: 

Item 08.10 

Page 67

AGENDA 




Port Macquarie Hastings Council 

Investment Summary ‐ 31 October 2012 

Inv Name 

Type 

Purchase 

Date Maturity Date 

Current 

Yield Face Value Valuation $ Value 

Miami CDO CDO 4‐Apr‐07 20‐Mar‐17 0.0000% $3,000,000 40.000 $1,200,000 

Total CDO's $3,000,000 $1,200,000 

Inv Name 

Type 

Purchase 

Date Maturity Date 

Current 

Yield Face Value Valuation $ Value 

Bank of Queensland Limited FRN 30‐Mar‐11 30‐Sep‐13 4.8700% $1,000,000 99.712 $997,120 

Holiday Coast Credit Union FRN 4‐Nov‐04 17‐Apr‐13 6.8700% $2,000,000 99.565 $1,991,300 

Royal Bank of Scotland FRN 10‐Mar‐11 10‐Mar‐14 5.5300% $2,000,000 100.885 $2,017,700 

Total FRN's $5,000,000 $5,006,120 

Inv Name 

Type 

Purchase 

Date Maturity Date Yield Face Value 

AMP Bank Ltd TD 2‐May‐12 19‐Nov‐12 5.7000% $1,000,000 





Bendigo Bank TD 19‐Sep‐12 18‐Mar‐13 5.0000% $3,000,000 

Commonwealth Bank TD 20‐Dec‐11 18‐Dec‐14 5.7600% $2,000,000 

ING Bank (Australia) Limited TD 3‐Mar‐11 4‐Mar‐13 6.7700% $3,000,000 

ING Bank (Australia) Limited TD 7‐Mar‐12 3‐Dec‐12 6.0000% $4,000,000 

ING Bank (Australia) Limited TD 20‐Dec‐11 20‐Dec‐16 6.1600% $3,000,000 

ING Bank (Australia) Limited TD 8‐Jun‐11 7‐Jun‐13 6.5300% $3,000,000 

Investec Bank (Australia) Limited TD 30‐Aug‐12 27‐May‐13 5.2500% $5,000,000 

ME Bank TD 31‐Oct‐12 29‐Jan‐13 4.7100% $6,000,000 

National Australia Bank TD 20‐Dec‐11 20‐Dec‐12 5.7500% $5,000,000 

National Australia Bank TD 1‐May‐12 1‐Nov‐12 5.5900% $5,000,000 

National Australia Bank TD 15‐Jun‐12 15‐Jun‐13 5.0900% $10,000,000 

Rabobank TD 9‐Jun‐11 10‐Dec‐12 6.5400% $1,000,000 

Rabobank TD 9‐Jun‐11 10‐Jun‐13 6.7000% $1,000,000 

Rabobank TD 11‐Nov‐11 11‐Nov‐16 6.3000% $2,000,000 

Rabobank TD 6‐Sep‐12 9‐Sep‐13 5.0200% $2,000,000 

Rabobank TD 6‐Sep‐12 4‐Jun‐13 5.0000% $2,000,000 

St George Bank TD 15‐Aug‐12 15‐Aug‐13 5.1500% $5,000,000 

St George Bank TD 19‐Sep‐12 13‐Mar‐14 4.8800% $4,000,000 

Suncorp Metway Term Deposit TD 18‐Dec‐09 18‐Dec‐12 7.4500% $1,000,000 

Westpac Term Deposit TD 14‐Sep‐11 14‐Sep‐16 6.0500% $7,000,000 

Westpac Term Deposit TD 11‐Nov‐11 11‐Nov‐16 6.2200% $3,000,000 

Westpac Term Deposit TD 11‐Nov‐11 11‐Nov‐14 5.9200% $3,000,000 

Westpac Term Deposit TD 6‐Sep‐12 5‐Dec‐12 5.1000% $6,000,000 

Total TD's $91,000,000 

Cash Fund 

Westpac Business Cash Reserve AcCASH 3.50% $4,545,016 

Capital Protected Equity Linked NoRating 

Purchase 

Date Maturity Date Valuation Face Value $ Value Comment / Protection 

Emu Note AAA 26‐Oct‐05 30‐Oct‐15 91.240 $1,000,000 $912,400 Commerzbank 

L'reach S24 Regional Prop A+ 14‐Dec‐06 13‐Dec‐12 99.110 $3,000,000 $2,973,300 Delevered ‐ Deutsche 

L'reach S32 Partnership A+ 30‐Nov‐07 23‐Nov‐14 92.430 $3,000,000 $2,772,900 Delevered ‐ UBS 

WBC Focus Notes AA 20‐Dec‐06 20‐Dec‐12 99.050 $1,000,000 $990,500 Delevered ‐ Westpac 

Total Cap Protected Notes $8,000,000 $7,649,100 

Portfolio $111,545,016 $109,400,236 

Item 08.10 

Page 68

AGENDA 




Other Issues 

“Current value $” in the table above is the estimate of current realisable value for the 

investment as provided by Denison Advisory Services. It should be noted that this is 

not necessarily the amount that is expected to be received upon maturity. 

The one remaining CDO investment is now outside of legislative and policy 

guidelines, which technically requires remedy. This CDO is unlikely to make maturity, 

however the opportunity to exit it is limited. 

As reported previously, the Equity Linked notes have been de-levered, meaning no 

further interest will be received. Invested capital for those products has reverted to 

underlying zero coupon bonds (low risk instruments with highly rated institutions). 

Investment Portfolio Summary (Denison Advisory Services) 

The following sections relate to Council’s portfolio at October month end. PMHC’s 

portfolio totals $111.5mm (September $116.5mm) and is represented in the graph 

below showing each component – note that these amounts use the face value 

amounts of each investment made. 

At October month end the market valuation for the portfolio was $109.4mm. 

The pricing for Floating Rate Notes improved and the Capital Protected Notes again 

rose as they neared their scheduled maturities. The portfolio continues to retain a 

high level of overall liquidity. The cash component totals $4.5mm (down slightly from 

$7.5mm last month) and both the FRNs and Capital Protected investments can be 

liquidated – the TD portfolio has a spread of maturities providing the portfolio 

additional liquidity if required. 

Market News – Interest Rates 

The cash rate was cut to 3.25% in early October on the back of a subdued outlook 

for our key resources sector combined with a weaker global growth expectation and 

low inflation forecasts. 

Item 08.10 

Page 69

AGENDA 




At the end of October the market was still pricing in subsequent movements down in 

the official rate through to September 2013 with increases thereafter. 

Physical bank bill rates at the short end of the curve fell aggressively with the 90 day 

physical bill dropping to 3.14% from 3.37% (and from 3.65% In August). 

Australian government longer term yields rose across the month pushing up to 3.14% 

(from 3%) for 10 year maturities which still remain much lower than levels seen in 

August. 

The Australian Dollar 

The Australian Dollar was slightly weaker over October on a trade weighted basis 

where it dropped back by just 0.5%. 

The currency fell initially against the USD but recovered to finish the month 

unchanged. The recovery was driven by robust local employment data, renewed 

positive economic news flow from China and subsequently a reduced expectation of 

a subsequent rate cut in early November. 

Options 

This is an information report. 


In order to remain as informed as possible and stay abreast of market changes, there 

are a number of different sources Council uses for reference, they are listed below. 

Consultation takes place with the following institutions regarding market outlook and 

the status of Council’s current investments: 

Dension Advisory Services 

ANZ 

Westpac Banking Corporation 

National Australia Bank 

Economic commentary is also referred to from the following: 

Financial Press (eg. Financial Review) 

Macquarie Research Economics 

St George 

CBA 

Bank West 

Westpac Banking Corporation 



Item 08.10 

Page 70

AGENDA 





Council’s total investment portfolio performance for October was 1.90% above the 

benchmark (5.57% against 3.67%) and year to date investment income is 52.28% of 

the total budget. 

Details of investment income performance (Year to Date): 

120.00% 

Interest Income Performance to Budget 

100.00% 

80.00% 

60.00% 

40.00% 

20.00% 

0.00% 

Jul‐12 Aug‐12 Sep‐12 Oct‐12 Nov‐12 Dec‐12 Jan‐13 Feb‐13 Mar‐13 Apr‐13 May‐13 Jun‐13 

Budget 8.33% 16.67% 25.00% 33.33% 41.67% 50.00% 58.33% 66.67% 75.00% 83.33% 91.67% 100.00% 

Actuals 12.81% 25.33% 38.88% 52.28% 

The graph shows YTD investment income is 52.28% of the annual budget. 

Summary of Actual Interest for October 2012 

Total Budget Budget YTD Actual Revenue YTD 

$3,633,000 $1,211,000 $1,899,199 

Attachments 

Nil 

Item 08.10 

Page 71

AGENDA 




Item: 08.11 

Subject: 

TENDER T-12-19 FLOOD MITIGATION CHANNEL - BELAH ROAD 







1. Accept the tender for $271,656.50 (excl GST) from Deklax Pty Ltd 

(trading as) Bridle Demolition Earthmoving Recycling for the 

construction of a Flood Mitigation Channel – Belah Road Port Macquarie. 

2. Approve the transfer of $70,000 to the project budget to address the 

funding requirements as detailed in the financial & economic section of 

this report. 



The purpose of this report is to advise Council of the results of a recent tender for the 

construction of a landscaped earth drainage channel over a length of 125 metres 

from Belah Road, Port Macquarie to the existing grassed drainage reserve located 

directly to the south of lot 101 DP 1156964 and to recommend a successful tenderer 

to be appointed for this project. 

Discussion 

The proposed works involve the construction of a landscaped earth drainage 

channel, stormwater pits and culverts to the northern end, walls, floodgates and 

gabions to the southern end, modification to the existing stormwater system 

traversing the site and fencing of the site. The works area extends for a length of 125 

metres from Belah Road, Port Macquarie to the existing grassed drainage reserve 

located directly to the South of the site. 

The works will predominantly comprise the following: 

- Construction of a landscaped earth drainage channel. 

- Supply and erection of pits and culverts to the northern end of the 

channel. 

- Supply and erection of walls and floodgates to the southern end of the 

channel. 

- Supply and erection of gabions to the southern end of the channel. 

- Adjust services as required. 

Item 08.11 

Page 72

AGENDA 




- Modify existing stormwater drainage. 

- Reinstatement of existing kerb and gutter and pavement to the north of 

the channel. 

- Fences and gates to perimeter of site. 

Tenders were first advertised on 30 October and closed at 11:00 am on 22 

November 2012. During the tender period, some thirty-one (31) individual 

organisations downloaded the tender documents from Council’s tendering website. 

At the closing of tenders, five (5) submissions were received from the following 

organisations, shown in no particular order; 

- C &C Baker Backhoe Hire; 

- Deklax Pty Ltd (t/as) Bridle Demolition Earthmoving Recycling; 

- Kerroc Constructions Pty Ltd; 

- Kazac Civil Pty Ltd; 

- J Newton Construction Pty Ltd. 

These submissions were evaluated following the closing of tenders individually by a 

Tender Evaluation Panel (TEP) comprising of the following Council employees: 

- Procurement Coordinator (Probity Advisor); 

- Group Manager – Infrastructure Operations; 

- Senior Works Engineer; 

- Waste and Environmental Engineer; 

- Works Engineer. 

An initial compliance check was conducted following the closing of the tender by the 

Procurement Coordinator to identify submissions that were non-conforming with the 

immediate requirements of the request for tender. This included compliance with 

contractual requirements and provision of requested information. 

The submission received from J Newton Construction Pty Ltd comprised a letter 

declining to tender for these works. This letter was provided out of courtesy to 

Council as representatives had attended an on-site meeting for these works, 

however decided not to tender. 

It was evident that all other submissions had completed all schedules and addressed 

the specified criteria and were therefore considered conforming and were further 

evaluated. 

The following are the evaluation criteria that were included in the tender document 

and are the criteria against which this tenderer was scored: 

 

 

 

 

 

Conformity with the tender documents; 

Lump sum price; 

Proposed methodology and demonstrated understanding of the project and 

services to be awarded; 

Demonstrated capacity, experience and performance on similar projects; 

Postcode within the PMHC LGA or surrounds. 

It should be noted that the weighting of the above criteria was not disclosed to any 

tenderer. 

Item 08.11 

Page 73

AGENDA 




The qualitative criteria assessment was carried out individually by the Evaluation 

Panel Members for each tender in the days following the closing of the tender with 

Panel Members scoring the tenders in accordance with the tender documents and 

criteria. 

At a tender evaluation meeting held on 22 November, all submissions were 

discussed in detail to ensure all submissions were clearly defined and to identify if 

any clarification was required. The submission received from Bridle Group did not 

provide a Gantt chart as requested as part of this tender, however the tender 

submission clearly referenced that this information could not be provided due to I.T 

issues shortly before tenders closed. It was deemed appropriate due to the fact that 

the tender submission referenced this fact that Bridle Group be afforded the 

opportunity to correct this anomaly which they promptly did. 

At a second evaluation meeting held on 27 November all scores from the TEP were 

combined to demonstrate the ranking of all submissions against the abovementioned 

criteria. 

Please refer to the attached confidential spreadsheet titled “T-12-19 Evaluation & 

Pricing Analysis - CONFIDENTIAL” which details the final evaluation scores for the 

tenders as determined by the Evaluation Panel and lists the tender prices offered by 

each tenderer. This analysis contains information that would, if disclosed, confer a 

commercial advantage on a person with whom the Council is conducting (or 

proposes to conduct) business. Local Government Act 1993 – Section 10A(2(c)). 

Please note, there are five (5) pages to this spreadsheet, four (4) demonstrating the 

individual rankings from the TEP, and one (1) demonstrating an average of all TEP 

scores and Lump Sum Price offered. 

The attached spreadsheet demonstrates Bridle Group as being ranked as the 

preferred tenderer by each of the TEP members and as an average of all scores. It 

should be noted that the average of all scores demonstrates both Bridle Group and 

Kazac Civil as scoring favourably against the non-priced criteria however once the 

priced scores were included in the evaluations, the spreadsheet clearly identifies 

Bridle Group as the preferred tenderer. 

At the evaluation meeting held on 27 November it was discussed and agreed that 

due to favourable scoring against both priced and non-priced criteria that the TEP 

recommend Bridle Demolition Earthmoving Recycling as the successful tender for 

the construction of a Flood Mitigation Channel – Belah Road Port Macquarie. 

Options 

Council has the option of accepting the recommendation included in this report or not 

accepting same, in which case Council would be required to re-tender for these 

services. 

Item 08.11 

Page 74

AGENDA 




Consultation 

- Procurement Coordinator (Probity Advisor); 

- Group Manager – Infrastructure Operations; 

- Senior Works Engineer; 

- Waste and Environmental Engineer; 

- Works Engineer; 

- Director – Infrastructure Services. 


The construction of the Belah Road Flood Mitigation Project demonstrates direct 

alignment between Council‘s actions and the Communities core priorities as 

established throughout the development of the current Community Strategic Plan, 

Delivery Program and Operational Plan for 2012/13. The proposal also aligns with 

Council‘s Asset Management Strategy, particularly in regard to managing the risks 

associated with Council’s Stormwater and drainage network. 


The construction of the Belah Road Flood Mitigation Project is scheduled in Council‘s 

delivery programme for 2012/13. 

Funds in the amount of $230,000 have been allocated in Council‘s 2012/13 budgets 

for the construction of this project. The recommended tender amount of $271,656 

exceeds the available budget by $41,656. The proposed transfer of $70,000 from 

the budgets as listed below forms one of the recommendations of this report and 

provides an allocation for expenses already incurred for the project and an 

appropriate contingency based on the project risks. 

General Ledger Description Budget Decrease 

41185 Stormwater Asset Mgt-Condition Rating $20,000 

41068 Kendall Village Stormwater Catchment $20,000 

Analysis 

569.3562 Other Stormwater Drainage Maintenance $30,000 

The proposed transfers of funding will have an impact on the delivery of the 

stormwater projects listed, however it is considered that the Belah Road project has a 

higher priority given the history of flooding and associated risk on adjoining properties 

in Belah Road. 

The construction of the Belah Road Flood Mitigation Project will have positive 

economic implications in terms of reducing the frequency of stormwater inundation of 

the Belah Road and nearby businesses as its primary objective. 

Attachments 

1. T-12-19 Evaluation & Pricing Analysis (Confidential) 

Item 08.11 

Page 75

AGENDA 




Item: 08.12 

Subject: 

TENDER T-12-20 SUPPLY & DELIVERY OF BURIAL PLAQUES 







1. Accept the tender from Phoenix Foundry Pty Ltd for the Supply and 

Delivery of Burial & Cremation Plaques for the period 1 January 2013 to 

31 December 2015 with a further 12 month option available. 




Supply & Delivery of Burial & Cremation Plaques and to recommend a successful 

tenderer be appointed for these categories of products. 

Discussion 

Background: Council has a requirement for Traditional and Contemporary Bronze 

Memorial Plaques to be used at Port Macquarie Crematorium and Lawn Cemetery 

and outlying Cemeteries within the local government area. Whilst Council have 

purchased Bronze and Memorial Plaques for many years it has now become a 

requirement to formally tender for this range of products. 

This tender was first advertised on 16 October 2012 and closed at 11:00 am 8 

November 2012. During the tender period, some eleven (11) individual organisations 

downloaded the tender documents from Council's tendering website. 

At the time of closing, four (4) submissions were received from the following 

organisations in no particular order: 

- Everlon Bronze; 

- Phoenix Foundry Pty Ltd; 

- Matthews Bronze Pty Ltd (t/as) Arrow Bronze; 

- Awards & Promotional Supplies Pty Ltd. 

Item 08.12 

Page 76

AGENDA 




A Tender Evaluation Panel (TEP) was formed which included the following staff: 

- Procurement Coordinator; 

- Procurement & Contracts Officer; 

- Crematorium & Cemeteries Manager. 

An initial compliance check was conducted following the closing of the tender by the 

Procurement Coordinator to identify submissions that were non-conforming with the 

immediate requirements of the request for tender. This included compliance with 

contractual requirements and provision of requested information. 

It was evident from submissions received that all tenderers had completed all 

schedules and addressed the specified criteria and were therefore considered 

conforming and further evaluated. 

The qualitative criteria assessment was carried out by the Evaluation Panel Members 

in the days following the closing of the tender with Panel Members scoring the 

tenders in accordance with the tender documents and criteria. 

The criteria included in the tender document were agreed at a pre-tender meeting by 

the TEP and are listed below. It should be noted that the weighting of these criteria 

were not disclosed to any tenderer: 

- Conformity with the tender documents; 

- Rates tendered; 

- Tenderers experience in carrying out similar works as stated in this Tender 

Agreement. A minimum of two (2) referees are to be provided; 

- Supply lead times and ability to provide required quantities and quality; 

- Quality Management Systems (QMS), OH&S Management Systems & 

Environmental Management Systems. 

At an evaluation meeting on 22 November 2012 the TEP scored all submissions as a 

consensus to demonstrate a ranking for priced and non-priced criteria. 




each of the tenderers. This analysis contains information that would, if disclosed, 

confer a commercial advantage on a person with whom the Council is conducting (or 


Please note, there are two (2) pages to this spreadsheet, one (1) demonstrating the 

individual criteria scores and pricing totals applied against 2011/12 usage for all 

submissions and one (1) showing the tendered pricing against each item requested 

as part of this tender. 

At the evaluation meeting, each submission was discussed in detail to highlight any 

issues with the submission or inconsistencies between the TEP scores. It should be 

noted that no clarification was required and it was clear that the TEP were satisfied 

that all submissions had clearly demonstrated their offer against all criteria. 

It was evident that the submissions from Arrow Bronze, Phoenix and Everlon Bronze 

were ranked very closely in relation to the pricing component when applied against 


Page 77

AGENDA 




the usage within the last year. The prices tendered for individual items from Phoenix 

and Arrow Bronze were further demonstrated as being extremely competitive. In 

relation to supply lead times, it was demonstrated that Phoenix was able to deliver all 

products within two (2) weeks which was considered very favourable for Council’s 

requirements. 

The evaluation score sheet attached demonstrates Phoenix as ranked first however it 

should be noted that Arrow Bronze was ranked very closely. When recommending a 

preferred tenderer it was discussed and agreed that favourable pricing, excellent lead 

times, demonstrated experience with supplying these products, combined with many 

years of favourable service to Council that the TEP recommends Phoenix Foundry 

Pty Ltd as the successful tenderer for the Supply & Delivery of Burial & Cremation 

Plaques. 

Options 

Council has the option of accepting the recommended tenderer or not accepting 

same, in which case Council would be required to re-tender for these goods and 

services. 


- Procurement Coordinator; 

- Procurement & Contracts Officer; 

- Crematorium & Cemeteries Manager. 


There are no planning and policy impacts associated with this tender. 


The successful tenderer will be used on an as needs basis for jobs within approved 

budgets. 

Attachments 



Page 78

AGENDA 




Item: 08.13 

Subject: 

TENDER T-12-21 PURCHASE OF TWO (2) MOTOR GRADERS 







1. Accept the tender for $314,911.11 (Ex GST) received from Hitachi 

Construction Equipment Pty Ltd for the Supply & Delivery of one (1) 

John Deere 670G Motor Grader including option of tilting front blade. 

2. Accept the tender for $337,311.11 (Ex GST) received from Hitachi 

Construction Equipment Pty Ltd for the Supply & Delivery of one (1) 

John Deere 670GP Motor Grader including option of tilting front blade 

and grader blade model upgrade (14ft). 

3. Accept the trade in offer of $140,000.00 (Ex GST) received from Hitachi 

Construction Equipment Pty Ltd for two (2) 1996 Caterpillar 12G Motor 

Graders leaving a net changeover cost to Council of $512,222.22 (Ex 

GST). 




Supply & Delivery of two (2) Motor Graders (including trade-in offers of two (2) Motor 

Graders) and to recommend a successful tenderer for the supply of these items of 

plant. 

Discussion 

Provision was made in the 2012/13 Plant Replacement Programme for the 

replacement of two (2) of Council’s Motor Graders that had reached their optimal 

economic life for replacement. 

These Motor Graders are used in the Infrastructure Division for rural road 

maintenance and road construction throughout the Local Government Area. 

Tenders were first advertised on 14 August and closed on 27 September 2012. 

During the tender period, some eleven (11) individual organisations downloaded the 

tender documents from Council’s tendering website. 

Item 08.13 

Page 79

AGENDA 




At the closing of tenders, eight (8) submissions were received from the following 

organisations in no particular order; 

 

 

 

 

 

 

 

 

Westrac Pty Ltd; 

Komatsu Australia Pty Ltd; 

Hitachi Construction Machinery (Australia) Pty Ltd; 

Schmutter Earthmoving & Demolition (Trade-in offer only); 

Milroy Past Co (Trade-in offer only); 

Gamer’s Motor Auctions (Trade-in offer only); 

CJD Equipment (Volvo); 

Lonking Asia Pacific Pty Ltd. 

These submissions were evaluated in the weeks following the closing of tenders by a 


 

 

 

Fleet Services Manager; 

Group Manager Infrastructure Operations; 

Unsealed Roads & Bridge Coordinator. 


and the criteria against which tenders were scored: 

- Rates Tendered; 

- Value for money; 

- Compliance with technical specification requirements; 

- Mechanical assessment, serviceability, quality of drive components; 

- Operational suitability to Councils applications; 

- Company support warranty, parts availability and technical backup; 

- Additional technical features, not specified, appropriate to Councils operation. 




this tenderer. This analysis contains information that would, if disclosed, confer a 



Please note, there are six (6) pages to this spreadsheet, three (3) demonstrating the 

individual panel members scores, one (1) demonstrating the combined scores and 

price summary, one (1) demonstrating the details of pricing offered and one (1) 

demonstrating the compliance of each machine to the specifications. 

Tender demonstrations of selected machines are typically requested prior to the TEP 

making its recommendation, however in this case it was discussed and agreed that 

demonstrations were not required as a process of practical demonstration was 

conducted recently when Council replaced two (2) rural road maintenance graders 

that were introduced to Councils fleet in May 2012. 

On that occasion demonstration of all machines tendered was requested with an 

evaluation panel being formed for a final decision based on the assessment criteria 

included in the specification. 

Item 08.13 

Page 80

AGENDA 




A further operational group that included Council’s four (4) current operators, two (2) 

plant mechanics and the Fleet Services Manager provided detailed input highlighting 

their individual expertise. 

On completion of the demonstrations all staff involved provided individual written 

assessments on the operational and mechanical suitability of each motor grader for 

Council that formed a part of the final weighted assessment evaluation. It was due to 

this thorough assessment process the TEP decided that due to the fact that the same 

companies and models were tendered that there was no need to go through the 

demonstration process again. 

The only additional tender from the previous assessment was from Lonking Asia 

Pacific Pty Ltd offering an unknown model being the XGMA motor grader. The TEP 

assessed the specification of this machine and agreed that it would not be a 

preferred option for Council, this was confirmed with its rating on completion of the 

final assessment scoresheet. It was these factors, combined with extended delays 

with the nominated delivery timeframe, it was agreed there was no need for a 

demonstration. 

From the six (6) machines previously demonstrated two (2) machines were assessed 

as being superior which were the John Deere 670G and Volvo G930 with very little 

difference in the final weighted assessment. 

The assessment of the John Deere 670G machine was preferred mainly due to its 

superior serviceability for both operators and mechanical staff and the considered 

resale value at completion of its economical life. Although the John Deere 670G 

motor grader is more expensive in the initial outlay it was considered that due to its 

high percentage of market share over its competition that Council would benefit in the 

long term. 

It should also be acknowledged that in line with best practice of fleet management 

strategy it is advantageous to maintain a standardised fleet of make and models 

where possible as it leads to cost effective maintenance and a large reduction of 

required inventory of filters and spare parts on hand. 

During the evaluation process the TEP also considered the two models of John 

Deere motor graders offered one being the 670G and the other a 670GP. Whilst both 

graders have the same specifications, the 670GP model includes a joy stick control 

and an automated electronic cross slope control system. 

- The joy stick control is an eight armrest-mounted fingertip-actuated controls, 

including steering levers which are arranged in the industry-standard pattern 

on each side of the actual steering wheel. This function gives a more accurate 

final trim when operated with the automatic electronic cross slope system. 

- Automated electronic cross slope simplifies holding a consistent slope by 

reducing operation to a single lever. An operator simply selects the 

desired slope and the side of the blade that will be manually controlled. 

Once set, the system automatically adjusts the opposite blade lift cylinder 

to maintain a consistent slope. 

These functions were considered a great option for the construction grader during the 

final trim as the slope from the centre of the road to the shoulders are considered a 

Item 08.13 

Page 81

AGENDA 




vital aspect in preparing a good road surface prior to bitumen sealing. This option 

eliminates the possibility of operator error and provides a consistent grade along the 

total length of the newly constructed road surface. 

The need for this function in the rural areas is not warranted as the roads are left as 

gravel surfaces and therefore the TEP recommendation is to only purchase one (1) 

670GP model at an additional cost of $22,400.00 (Ex GST) for construction work. 

This included the upgrading of the 12ft grading blade to a 14ft blade. 

Options 



services. 

Consultation 

 

 

 

 

 

 


Group Manager Infrastructure Operations; 

Unsealed Roads & Bridge Coordinator; 

Plant Operators; 

Plant Mechanics; 

Procurement Coordinator. 




Funding is available in Council's Plant Reserve for these replacements. 

Attachments 

1. Evaluation and Pricing Analysis (Confidential) 

Item 08.13 

Page 82

AGENDA 




Item: 08.14 

Subject: 

TENDER T-12-24 PURCHASE OF ONE (1) LANDFILL COMPACTOR 







1. Accept the tender for $816,041.24 (Excl GST) received from GCM Enviro 

Pty Ltd for the Supply & Delivery of one (1) Landfill Compactor including 

options of tilting front blade, reversing camera, extended warranty and 

GPS engine diagnostic system. 

2. Accept the trade in offer of $140,000.00 (Excl GST) received from GCM 

Enviro Pty Ltd for one (1) 2004 Tanna G400 Landfill Compactor leaving a 

net changeover cost to Council of $676,041.24 (Excl GST). 




Supply & Delivery of one (1) Landfill Compactor (including trade-in offers of one (1) 

Landfill Compactor) and to recommend a successful tenderer for the supply of this 

item of plant. 

Discussion 

Provision was made in the 2012/13 Plant Replacement Programme for the 

replacement of one (1) of Council’s Landfill Compactors that had reached its optimal 

economic life for replacement. 

This Landfill Compactor is used in the Development & Environmental Division for use 

at the Cairncross Waste Management Facility. 

Tenders were first advertised on 21 August and closed on 27 September 2012. 

During the tender period, some eight (8) individual organisations downloaded the 

tender documents from Council’s tendering website. 

At the closing of tenders, four (4) submissions were received from the following 

organisations in no particular order; 

 

 

Westrac Pty Ltd; - Caterpillar 826H 

BT Equipment Pty Ltd (t/as) Tutt Bryant Equipment; - Bomag BC772RB-2 

Item 08.14 

Page 83

AGENDA 




North West Services Pty Ltd;- Bomag BC772RB-2 

GCM Enviro Pty Ltd. – Tanna E380 & Tanna E320. 

These submissions were evaluated in the weeks following the closing of tenders by a 


 

 

 


Environmental Engineer; 

Waste Coordinator. 



- Rates Tendered; 

- Value for money including full operational costs to 6000hrs; 


- Mechanical assessment, serviceability, quality of drive components; 



- Additional technical features, not specified, appropriate to Councils operation. 







Please note, there are six (6) pages to this spreadsheet, three (3) demonstrating the 


price summary, one (1) demonstrating the specifications of the machines offered and 

one (1) demonstrating the compliance of each machine to the specifications. 

All compactors tendered provide a variety of different features specific to their 

operations however the main focus is on their ability to compact. Each tenderer has 

provided information on the compaction rates of their machine however when 

analysing this information it is difficult to evaluate as it is dependent of a number of 

factors related to how Councils landfill operations are managed and the type of 

materials that the land fill site work on and with, with each company claiming their 

machine has the most favourable compaction rate. 

Due to the above factors, it is considered that all machines offer a similar rate of 

compaction for the purposes of this evaluation. It was further considered that 

demonstrations would not be required as the assessment panel agreed that the 

outcome would not be altered after any demonstration as all machines were 

assessed as being suitable. 

The TEP, when evaluating these machines from the specifications provided 

considered the single drum operation of the Tana E380 compactor as an advantage 

as it is the only machine that operates with a full width front (2660mm) and rear 

(3800mm) compaction drum over the other two machines that offer four single drums 

Cat 826H 1200mm/1200mm and Bomag BC772RB-2 1350mm/1125mm in width. 

Item 08.14 

Page 84

AGENDA 




Due to the size of the compaction drum, the Tana E380 covers more ground 

compaction in one pass introducing a higher level of productivity and furthermore, it 

was agreed that there would be no loss in compaction rates between this and other 

machines. As stated above, this is determined by the type of landfill site and 

materials the machine is operating with and in. 

The Bomag BC772RB-2 offered from North West Services was considered to be very 

competitive machine however when all scores from the TEP were combined for all 

evaluation criteria, the evaluation result clearly demonstrates GCM Enviro as the 

supplier ranked most favourably when all criteria were considered. 

Of the four (4) submissions received, three (3) tenders offered trade-in values 

ranging from $55,000 to $154,000 and one (1) company (North West Services) 

offered no trade at all. 

The highest trade offered was from GCM Enviro, which has provided a very attractive 

net changeover cost to Council over the other tenders. 

The option of not trading would leave Council with considerable risk as its older 

compactor would need to be disposed of through auction and may not achieve a 

resultant sale. Market research has indicated there is very little demand for this type 

of machine due to its specific application. As no private buyer through this tender 

process has offered to purchase the machine, this further indicates the only value of 

the trade lies with the original supplier GCM Enviro due to their opportunity to use 

various components in their existing machines as spares or alternatively to rebuild 

used machines for resale, such as the way Council has been operating with the 

rebuilt used compactors supplied by GMC Enviro previously. It should also be noted 

that the evaluation scores from the TEP did not consider the trade-in offered from 

tenderers and on this basis GMC Enviro was still the preferred option. 

At a tender evaluation meeting held on 25th October 2012 scores were combined 

from the individual scores of each TEP member to demonstrate an average of these 

scores and rank all tenders. The attached Evaluation & Pricing Analysis 

demonstrates all TEP members had ranked GCM Enviro as the preferred option. It 

was discussed and agreed that favourable changeover price combined with 

operational suitability and ongoing maintenance and support, that GCM Enviro Pty 

Ltd be recommended as the successful tenderer for the Supply & Delivery of one (1) 

Tana E380 Landfill Compactor & the trade-in offered for one (1) 2004 Tana G400 

Landfill Compactor. 

Options 



services. 

Item 08.14 

Page 85

AGENDA 





 

 

 

 

 


Environmental Engineer 

Waste Coordinator; 


Plant Mechanics. 




This initial capital cost will be funded through the Waste Management Funds. The 

trade-in value is to be returned to the Plant Reserve (being the original funding 

source) and the ongoing operational costs will be managed through the Fleet 

Services section with future replacements from the plant reserve. 

Attachments 


Item 08.14 

Page 86

AGENDA 




Item: 08.15 

Subject: 

TENDER T-12-25 SUPPLY & DELIVERY OF ONE (1) ELEVATED 

WORK PLATFORM (EWP) 







1. Decline to accept the tender received from Nifty Pty Ltd for the Supply & 

Delivery of one (1) Elevated Work Platform. (In accordance with Local 

Government (General) Regulations 2005 - 178 1(b)) due to the machine 

not being able to meet all of Council’s operational requirements; and 

2. Selectively invite tenders from the below list of organisations for the 

Supply & Delivery of one (1) Elevated Work Platform. (In accordance with 

Local Government (General) Regulations 2005 - 178 3(b)) 

- Monitor Industries; 

- Platform Sales Australia Pty Ltd; 

- Snorkel Australia Pty Ltd. 



Supply & Delivery of one (1) Elevated Work Platform (EWP) and to recommend 

alternative action for the supply of this item of plant. 

Discussion 

Provision was made in the 2012/13 Plant Replacement Programme for the purchase 

of an additional Elevated Work Platform. 

This EWP will be used for a dual purpose of tree lopping and pruning within the 

Parks & Recreation section and electrical maintenance of sporting field lighting within 

the Engineering Trades Section. 

It was discussed and agreed that whilst it was going to be difficult for any EWP to 

meet all Council work requirements, pre-tender investigations of the market gave the 

TEP confidence that a suitable machine could be procured. 

Item 08.15 

Page 87

AGENDA 




Tenders were first advertised on 12 September and closed on 25 October 2012. 

During the tender period, some eighteen (18) individual organisations downloaded 

the tender documents from Council’s tendering website. 

At the closing of tenders only one (1) submission was received from the following 

organisation:- 

 

Nifty Pty Ltd Model - Nifty SD210 

This submission was evaluated in the weeks following the closing of tenders by a 


 

 

 


Tree Inspection Officer; 

Electrical Project Officer. 

A specification had been developed to give all suppliers an opportunity to allow them 

to demonstrate their product to Council. Since only one (1) company tendered, the 

TEP still agreed it appropriate to have a demonstration of the Nifty SD210 to evaluate 

its operational suitability to Council’s requirements. 

Council’s requirements are focused on two (2) areas of its operation; 

- Tree pruning and lopping within the Parks & Recreation section. 

This area of work is specialised and requires an EWP that could reach 21m 

with a horizontal outreach of a minimum of 10m and be flexible enough to 

manoeuvre between trees to access locations within Council’s reserves. 

- Electrical maintenance of lights and light towers both within Council’s buildings, 

sporting fields and public areas. 

Upon completion of the demonstration the TEP assessment found that the Nifty 

SD210 although meeting the specification requirements fell short in certain 

operational areas mainly due to the locations that this EWP was required to work at 

and in. 

The TEP found the following areas where this machine was not able to fulfil Council’s 

requirements; 

- The set up width of 4.2m was not reducible and concerns to the distance it 

would sit on the road way when the unit was being used to lop trees close to 

the bitumen edge; 

- The total weight of the unit at 3.9 tonne would require a six (6) tonne or greater 

truck to transport; 

- The machine had four individual tyres for its mobility that raised concern with 

damage to playing fields as compared to a model that operated on tracks; 

- The machine did not have remote control and could only be operated from the 

basket. 

Item 08.15 

Page 88

AGENDA 




- Restrictions around the operation of the stabiliser legs. 

Although this machine was mechanically acceptable it was considered that it would 

only be able to handle approximately 60% of the work required and therefore was 

assessed as being unsatisfactory for Council’s operations. It should be noted that 

further enquiries were made of any other machines supplied by Nifty that may meet 

Council’s requirements however no suitable options were able to be supplied. 



- Conformity with the tender documents; 

- Whole of life cost to operate including value for money; 




- Mechanical assessment of Plant; 

- Additional technical features, not specified, appropriate to councils operation; 

- Environmental Assessment. 

It should be noted that the weightings of the above criteria was not disclosed to any 

tenderer. 



tenders as determined by the Evaluation Panel and lists the tender price offered by 




Please note, there are four (4) pages to this spreadsheet, three (3) demonstrating the 


price summary. 

Pre-tender investigations indicated three (3) machines that may meet Council’s 

requirements were available. These machines are available from the list of suppliers 

Below; 

- Monitor Industries; 

- Platform Sales Australia Pty Ltd; 

- Snorkel Australia Pty Ltd. 

It was anticipated at the time of advertising that some or all of these suppliers may 

submit a tender however as indicated, at the closing of tenders only one (1) 

submission was received, that being from Nifty Pty Ltd. 

It is for the above reasons the TEP recommends to; 

- Decline to accept the tender received from Nifty Pty Ltd. 

- Invite tenders from the abovementioned organisations. 

Item 08.15 

Page 89

AGENDA 




Options 

Council has the option to accept the recommendations of this report or not accept 

same, in which case Council would be required to re-tender for this plant item. 


 

 

 

 

 

 


Tree Inspection Officer; 

Electrical Project Officer; 

Telemetry Co-ordinator; 


Electrical Technicians. 




Provision was made in the 2012/13 Plant Replacement Programme and will be 

funded from the plant reserve. 

Attachments 


Item 08.15 

Page 90

AGENDA 

Looking After Our People 




Our social infrastructure and community programs create a healthy, inclusive and 

vibrant community. 


 

 

 

 

 

 

 

Community hubs which provide access to services and social connections. 

Services that support an ageing community to live in a way that they desire. 

Available and accessible preventative health and medical services. 

A safe, caring and connected community. 

A healthy and active community that is supported by recreational infrastructure 

A strong community that is able to identify and address social issues. 

Community participation in events, programs, festivals and activities. 


2.1 Create an environment and culture that allows the Port Macquarie-Hastings 

community to feel safe. 

2.2 Provide young people with a range of leisure activities and opportunities for 

personal development. 

2.3 Provide medical and social services for all members of the community. 

2.4 Develop partnerships within the community to build on existing strengths and 

improve areas of social disadvantage. 

2.5 Create events and activities that promote interaction and education. 

2.6 Provide social and community infrastructure and services. 

2.7 Empower the community to be active and involved in community life. 

2.8 Promote cultural and artistic expression. 

2.9 Promote a healthy lifestyle through education, support networks and facilities. 

Page 91

AGENDA 




Item: 09.01 

Subject: 

ANNUAL REPORTING OF CONTRACTS FOR SENIOR STAFF 






That Council note the contractual conditions for the following Senior roles in 

the Organisation: 


Director Infrastructure Services 

Director Community and Cultural Development 

Director Corporate and Business Services 

Director Development and Environmental Services 


The Local Government Act requires the General Manager to report to Council on the 

contractual conditions of senior staff on an annual basis. 

Details are provided in the confidential attachment titled “2012 Senior Staff 

Contractual Arrangements” which contains information that relates to personnel 

matters concerning particular individuals (other than Councillors). Local Government 

Act 1993 – Section 10A(2)(a). 

Discussion 

Under the NSW Local Government Act 1993, in particular s338, there is a 

requirement that annually a report is submitted to Council outlining the contractual 

conditions of senior staff. The Local Government Act outlines under s338 the 

following: 

338 Nature of contracts for senior staff 

(1) The general manager and other senior staff of a council are to be employed under 

contracts that are performance-based. 

(2) The term of a contract must not be less than 12 months or more than 5 years (including 

any option for renewal). A term that is less than 12 months is taken to be for 12 months 

and a term for more than 5 years is taken to be limited to 5 years. 

(3) Contracts may be renewed from time to time. 

(4) The Director-General may, by order in writing, approve one or more standard forms of 

contract for the employment of the general manager or other senior staff of a council. 

Item 09.01 

Page 92

AGENDA 




(5) A standard form of contract approved by the Director-General is not to include 

provisions relating to the level of remuneration or salary (including employment 

benefits) of the general manager or other senior staff of a council, performance-based 

requirements or the duration of the contract. 

(6) A council is not to employ a person to a position to which one or more standard forms 

of contract approved for the time being under this section applies or apply except under 

such a standard form of contract. 

(7) The council may include in an employment contract for the general manager or another 

member of the senior staff additional provisions to those contained in the standard form 

of contract but only if those provisions relate to any of the following: 

(a) the level of remuneration or salary (including employment benefits) of the 

(b) 

person employed under the contract, 

subject to subsections (1) and (2), performance-based requirements or the 

duration of the contract. 

(8) Despite subsection (6), the approval, amendment or substitution of a standard form of 

contract under this section does not affect any employment contract between a council 

and the general manager of the council or another member of the senior staff of the 

council if the employment contract was entered into before the approval, amendment or 

substitution of the standard form of contract. 

(9) However, subsection (6) does apply to the renewal of any such employment contract 

occurring after the standard form of contract is approved, amended or substituted and 

to all new contracts entered into after the standard form of contract is approved, 

amended or substituted. 

The current requirements of the Director-General are that all officers identified as 

senior officers are required to be employed under a contract that applies to the 

Senior Executive Service (SES) of the NSW State Public Sector. 

The following employees of council have been identified as Senior Staff: 



Director Community and Cultural Development 

Director Corporate and Business Services 

Director Development and Environmental Services 

Each of these employees are also employed under the standard contract approved 

by the Director-General. Under this arrangement there are requirements to develop a 

performance plan and at least annually undertake a performance review. Following 

successful completion of the performance review, an increase is applied to the salary 

component of the total remuneration package. The level of increase is set by the 

SES remuneration tribunal on an annual basis. 

Options 

Council needs to receive the report on an annual basis. 

Consultation 

Group Manager Organisational Development. 


Nil as this is a legislative reporting requirement. 

Item 09.01 

Page 93

AGENDA 





In the annual budget, funds are allocated to not only remunerate the senior staff but 

all employees of the Council. 

Attachments 

1. 2012 Senior Staff Contractual Arrangements (Confidential) 

Item 09.01 

Page 94

AGENDA 




Item: 09.02 

Subject: 

RECOMMENDED ITEMS FROM THE PMH SPORTING FUND SUB- 

COMMITTEE MEETING HELD 1 NOVEMBER 2012 



2.9.1 Provide a range of sporting and recreational opportunities. 


That Council, pursuant to provisions of Section 356 of the Local Government 

Act 1993, grant financial assistance from the Port Macquarie-Hastings 

Sporting Fund to: 

1. Ms Megan Cooper $350.00 (ex GST) to assist with expenses she would 

have incurred competing at the National Bouldering Titles held in 

Sydney on 14 October 2012. 

2. Ms Melissa Norup $1,000.00 (ex GST) to assist with the expenses she will 

incur competing as part of the Australian School Girls Football (Soccer) 

Team to travel to Brazil and Argentina between 17 January 2013 and 3 

February 2013 inclusive. 


The Port Macquarie-Hastings has a fine tradition of outstanding talent when it comes 

to sporting ability and sports achievements at all levels. With this tradition comes 

awareness for the community to recognise and nurture our young local sporting 

talents. A major problem associated with developing our local sporting talent has 

been the lack of financial assistance available to athletes in order that they may 

pursue their sporting goals. 

Pursuing sporting dreams, in reality, is an expensive exercise. Athletes must travel 

extensively in order to face competitors, attend training camps and source new 

opportunities within their chosen sport. Increasingly, sports people turn to the local 

community and businesses for financial assistance. It is from these requests that in 

1999 the Port Macquarie-Hastings Sporting Fund (formerly known as the Mayor’s 

Sporting Fund) was established. 

In 1999 the then Mayor, Wayne Richards, recognised the need for such a fund after 

receiving numerous requests for financial assistance from young local athletes or 

their parents to assist their child to compete at an elite level. The Mayor 

acknowledged that young athletes selected to compete in State; National or 

International competitions incur considerable costs, as Council had no specific fund 

to help out, and the Mayor was only able to pass on their requests to local 

businesses. The formation of the Port Macquarie-Hastings Sporting Fund provided 

the opportunity for young local athletes to make application to Council for assistance 

Item 09.02 

Page 95

AGENDA 




to help ease this financial strain placed on these families by the sporting success of 

their children. 

The Port Macquarie-Hastings Sporting Fund holds two major fund raising events 

each year. The Coca Cola Sporting Fund Golf Day Challenge and the Coca Cola 

Sporting Fund Golden Thong Bowls Day Challenge. Since the Fund’s formation, over 

$220,000 has been distributed to young local athletes selected to compete at State, 

National and International competitions to assist them in meeting the costs they will 

incur travelling and competing at such an elite level. 

The Port Macquarie-Hastings Sporting Fund Sub-Committee at its meeting held on 

1 November 2012 considered the following applications for financial assistance: 

1. Ms Megan Cooper be granted $350.00 to assist with the expenses she would 

have incurred competing at the National Bouldering Titles held in Sydney on 14 

October 2012. 

2. Ms Melissa Norup be granted $1,000.00 to assist with the expenses she will 

incur competing as part of the Australian School Girls Football (Soccer) team to 

travel to Brazil and Argentina between 17 January 2013 and 3 February 2013 

inclusive. 

Attachments 

Nil 

Item 09.02 

Page 96

AGENDA 




Item: 09.03 

Subject: 

AMENDMENT OF SCHEDULE OF FEES AND CHARGES FOR 

2012/2013 



2.7.1 Encourage and build capacity for community groups to be active and self 

sustaining. 


That Council adopt the Amended Schedule of Fees and Charges for 2012/2013 

incorporating a tiered pricing structure for Glasshouse Fees to provide a 40% 

discount to eligible not for profit groups. 


At the Ordinary Council meeting held on 10 October 2012 Council determined that in 

relation to a proposed introduction of a tiered pricing structure to provide a 40% 

discount to eligible not for profit groups on Glasshouse Fees that the Amended 

Schedule of Fees and Charges for 2012/2013 be placed on Exhibition for a period of 

28 days. The Amended Schedule of Fees and Charges for 2012/2013 was placed on 

exhibition from Monday 22 nd October 2012 to Monday 19 November 2012. 

Discussion 

At the Ordinary Council meeting held on 10 October 2012 Council resolved to: 

1. Amend the Schedule of Fees and Charges 2012-2013 to introduce a tiered 

pricing structure to provide a 40% discount to eligible not for profit community 

based groups as detailed in this report and place the amendment on public 

exhibition for a period of 28 days. 

As reported to Council (a copy of this report is attached), following an internal review 

of the Glasshouse Community Support Program 2012/2013 process; it was 

considered that implementing a discount on Glasshouse fees and charges for 

community groups will continue to allow groups to access the Glasshouse at the 

same discounted rate, but without the requirement to submit a formal grant 

application under the current program. 

The implementation of a tiered fee structure will simplify access to all community 

organisations looking to utilise the Glasshouse, and grow the number of 

organisations utilising the facility on a more regular basis. 

Item 09.03 

Page 97

AGENDA 




It was therefore proposed to abolish the Glasshouse Community Support Program 

for future years and add the following to the current Schedule of fees and charges 

2012 – 2013 – Glasshouse Fees: 

Discounted Rates 

40% discount to be applied to incorporated not-for-profit groups, incorporated 

community groups, registered charities and schools. Eligibility is limited to 

organisations that are based in the Port Macquarie-Hastings local government area. 

Proof of Incorporation, ABN and registrations must be provided. 

In addition, not-for-profit groups and community groups must have a form of 

organisational permanence, be non-government; and not be operating for the profit 

or gain of its individual members. The Group Manager, Glasshouse & Cultural 

Development will have responsibility for determining the eligibility status of groups. 

Port Macquarie & District Eisteddfod to be negotiated annually at a special rate. 

Discounted rates only to apply to the following fees and charges categories (with all 

other fees and charges to be charged as per commercial rates such as Staff Rates):- 

- Theatre Hire 

- Ross Family Studio Hire 

- Meeting Room Hire 

- Country Energy Art Lab 

- Small Function Room Hire 

- Other Venue Hire 

- Venue Set Up Items (equipment only) 

Only one submission was received. However, this submission questioned why not all 

Council fees and charges were being exhibited for comment, and did not raise any 

particular objection to the tiered pricing structure for Glasshouse fees as proposed. 

Options 

Council could choose not to adopt the Amended Schedule of Fees and Charges for 

2012/2013. 

Item 09.03 

Page 98

AGENDA 





One submission was received. 

Submission 

Issue 

1. Greg Raffin That the amended fees and charges on 

exhibition related only to Glasshouse fees 

and charges and requesting that 

ratepayers be given the opportunity to 

comment on other fees and charges 

including Pool admission fees. 

Response/ 

Comment: 

Under Clause 201 of the Local Government (General) Regulations, 

Council is required to develop a schedule of fees and charges each 

year as part of the Revenue Policy within the Operational Plan. As 

part of this process, Councils Fees and Charges were placed on 

public exhibition from 30 March 2012 to 26 April 2012. The final 

Fees and Charges schedule was adopted by Council on 23 rd May 

2012. The purpose of this process was not to amend any of the fees 

previously exhibited publicly; with the exception of introducing a 

tiered fee structure for Glasshouse fees. 


Aligns with four year delivery program objective in the Focus Area – “Looking After 

Our People”. 

CSP 2.7: Empower the community to be active and involved in community life 

CSP 2.7.1 Encourage and build capacity for community groups to be active and self 

sustaining by assisting community and cultural groups to access grant funding. 


A full fee review will need to occur following a reasonable period of implementation to 

gauge effects on utilisation and assessment of costs. 

Attachments 

1. Glasshouse Fees and Charges - Report to Council Meeting 10 October 2012 

Item 09.03 

Page 99

AGENDA 




Item: 09.04 

Subject: 

DELEGATION TO COUNCIL OF FUNCTIONS UNDER THE PLUMBING 

AND DRAINAGE ACT 2011 

Presented by: Development & Environment Services, Matt Rogers 


2.1.3 Implement inspection, compliance and education practices that ensure 

acceptable levels of public and environmental health; as well as building and fire 

safety standards. 



1. Accept the NSW Fair Trading proposal to delegate plumbing regulator 

functions under the Plumbing and Drainage Act 2011 and affix the 

common seal to the Instrument of Delegation. 

2. In accordance with Section 377 of the Local Government Act, 1993 - 

delegate its plumbing regulator functions under the Plumbing and 

Drainage Act 2011 to the General Manager. 


The Plumbing and Drainage Act 2011 (the Act) was passed by Parliament on 9 

November 2011. The Act establishes a scheme of regulation for plumbing and 

drainage work in NSW and recognises NSW Fair Trading as the single plumbing 

regulator. 

For Council’s who are a Water Authority, such as Port Macquarie-Hastings Council, 

the Act takes effect on 1 January 2013. NSW Fair Trading is proposing to delegate 

plumbing regulator functions under the Act to Council and are seeking acceptance of 

this delegation. 

Discussion 

PMHC currently regulates private plumbing and drainage work under Section 68 of 

the Local Government Act 1993. The intent of the Plumbing and Drainage Act 2011 

is to provide a single scheme for plumbing regulation across NSW by adopting the 

Plumbing Code of Australia and establishing Fair Trading as the single regulator 

across NSW. 

Fair Trading has always intended to delegate plumbing and drainage functions under 

the Act to local councils where they are the Water Authority. While the transition of 

these functions from the Local Government Act 1993 to the Plumbing and Drainage 

Act 2011 has not been made clear at this stage, it is anticipated further information 

will be provided to Council on this issue during information sessions NSW Fair 

Item 09.04 

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AGENDA 




trading has planned during December 2012. The current review of the Local 

Government Act 1993 will potentially provide further clarification. 

Notwithstanding this, it is considered that operating under the new Act will be largely 

‘business as usual’ for Council in terms of undertaking plumbing and drainage 

inspections for new building works and plumbing and drainage compliance activities. 

Options 

Council has the option of accepting or not accepting plumbing regular delegations 

under the Plumbing and Drainage Act 2011. Failure to accept the delegations may 

have implications for Council’s role as a plumbing and drainage regulator. 


NSW Fair Trading has held information sessions for councils in relation to the Act 

during October 2012 and has further information sessions planned for December 

2012. 


Whilst it is apparent that Section 68 of the Local Government Act 1993 still enables 

Council to continue regulating private plumbing and drainage work, it is considered 

important to accept the proposed delegations under the Plumbing and Drainage Act 

2011 so as to maintain this important regulatory function in the event of any future 

reforms to the Local Government Act 1993. 


Nil – continuation of current fees and charges for plumbing and drainage regulation. 

Attachments 

1. Instrument of Delegation 

Item 09.04 

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Item: 09.05 

Subject: 

ABORIGINAL RECONCILIATION ACTION PLAN 2008 - 2012 END OF 

TERM REPORT 

Presented by: Community & Cultural Development, Lesley Atkinson 


2.4.1 Work with community groups to build capacity on social justice issues. 


That Council note the End of Term Report of the Aboriginal Reconciliation 

Action Plan 2008 – 2012. 


The Aboriginal Reconciliation Action Plan 2008 – 2012 outlines initiatives aimed at 

ensuring equitable access and outcomes for Aboriginal and Torres Strait Islanders 

citizens of the Port Macquarie – Hastings. It enables Aboriginal inclusion in a number 

of Council processes and in so doing enhances the area’s environmental, social and 

economical qualities for our entire community. 

Discussion 

The 2008 – 2012 Aboriginal Reconciliation Action Plan is due to finish at the end of 

this calendar year. 

Council agreed to adopt the following during the Ordinary Council Meeting held on 

the 25 th June 2008: 

Approve the Aboriginal Reconciliation and Commitment Action Plan for Public 

Exhibition. 

The Statement of Reconciliation and Commitment and affix the Seal of 


That Council adopt the following commitment of the Statement of 

Reconciliation and Commitment: either facilitating a ‘Welcome to Country’ or 

performing an ‘Acknowledgement of Country’ as appropriate, at the 

commencement of formal Council meetings, Public Council forums and 

Council run Civic Functions. 

All of these items have been implemented. 

Attached is the End of Term Report of the Aboriginal Reconciliation Action Plan 

2008- 2012. Some of the key actions that have been implemented over the course of 

the four years are: 

Developed and implemented the Walking the Talk Aboriginal Community 

Engagement document. 

Item 09.05 

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AGENDA 




The delivery of Aboriginal Cultural Awareness training program to over 380 

Council staff. As a result, in December 2010 Council received an award from 

Wesley Vocational Institute for Commitment to Indigenous Cultural 

Awareness training. 

Councils’ involvement in the planning and delivery of certain aspects of the 

Saltwater Freshwater Festival in January 2011. 

Participation and working collaboratively with the Aboriginal community for 

Aboriginal community events, including NAIDOC Week, National Aboriginal 

and Torres Strait Islander Children’s Day, Boys & Men’s Business Day, The 

Anniversary of the National Apology, Closing the Gap, International Women’s 

Day and Reconciliation Week. 

Councils’ support of a range of initiatives to integrate Aboriginal art into 

facilities and infrastructure. Examples of these are: Signage for the Coastal 

Walk was developed in conjunction with Birpai Local Aboriginal Lands 

Council, Rosendahl Reserve – Aboriginal TAFE Student completed mosaic 

project and signage incorporating acknowledgement of Birpai Country, and 

the All Abilities Playground – Bain Park – Wauchope has incorporated five 

Birpai Totems into the playground design. 

Options 

Council may seek additional information on the attached report. 

Consultation 

It is intended to provide a copy of the end of term report to the next Bearlay 

Aboriginal Interagency Committee on the 5 December 2012. 


Ongoing implementation of the Reconciliation Action Plan is incorporated in the 

2012/13 Operational Plan. 


Nil. 

Attachments 

1. Aboriginal Reconciliation Action Plan 2008 - 2012 End of Term Report 

Item 09.05 

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AGENDA 




Item: 09.06 

Subject: 

QUESTION ON NOTICE - BUILDING BETTER REGIONAL CITIES 

PROGRAM AND HOUSING AFFORDABILITY SCHEME (HARS) 



That Council note the Council Report on the Building Better Regional Cities 

Grant Program including the Housing Affordability Incentive Scheme tabled at 

the 12 December 2012 meeting. 

Question from Councillor Sargeant 

Could the General Manager advise by the December Council Meeting if not 

beforehand, as to: 

1. The criteria determining eligibility to HARS , including retrospectivity and; 

2. When will this criteria, together with an application form, be made available to 

the public and promoted on the website and other ways. 

Comments by Councillor (if provided) 

Council has previously sought and received funding for the above programs to assist 

with upgrade of Innes Ruins Way and to provide housing subsidy to purchasers who 

meet certain criteria. In addition Council considered this to be an excellent way to 

stimulate the depressed local building industry. While the success of Council's 

application became public on 6th July, Council does not appear to have been in a 

position to respond to questions regarding eligibility and a timeframe resulting in 

some lost opportunity. 

Response 

Please see separate report dealing with this issue. 

Attachments 

Nil 

Item 09.06 

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AGENDA 




Item: 09.07 

Subject: 

HEADSPACE PORT MACQUARIE - MEMORANDUM OF 

UNDERSTANDING 



2.3.1 Advocate for health and social services in accordance with the Social Strategy. 


That Council note: 

1. The Port Macquarie-Hastings Headspace Youth Mental Health Centre, 

will open for business in January 2013. 

2. Port Macquarie-Hastings Council is a member of the Headspace 

Consortium. 

3. The contribution Port Macquarie-Hastings Council staff will make 

towards the Headspace Centre. 


Port Macquarie-Hastings Council has signed a Memorandum of Understanding to be 

part of the “each” led consortium implementing a Headspace Centre in Port 

Macquarie which will open in January 2013. As part of this arrangement Council has 

agreed to provide support and services to Headspace as outlined in the attached 

Service Level Agreement. 

Discussion 

What is a Headspace? 

Headspace is the National Youth Mental Health Foundation. It’s primary focus is 

early intervention for mental health and wellbeing for young Australians aged 

between 12 and 25 years old. 

Headspace centres have facilities to help young people with: 

- General health issues 

- Mental health and counselling 

- Education, employment and other services 

- Alcohol and other drug services. 

Impact on our Community? 

According to the ABS Causes of Death, 2009, more people die from suicide in 

Australia than road related transport deaths. 

Item 09.07 

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AGENDA 




Mental health among young people is an ongoing priority issue for the local 

community with a strong support base consisting of both local service providers and 

community members. 

The suicide deaths of five local young people early in 2011 has seen an increased 

push to see a more holistic model of service delivery and the Headspace model will 

be ideal to achieve this outcome. 

The process of establishing a Headspace in Port Macquarie 

In July 2011, a number of local interested individuals and groups met to discuss how 

the community could support youth who are experiencing mental health issues. In 

particular, the need for a Headspace was discussed. 

Council staff convened a public meeting in mid-August 2011 to develop a community 

action plan. The meeting was widely communicated to over 200 community groups in 

our Local Government Area. Council and a number of interested community groups 

then undertook research with Headspace National Office, the Department of Health 

and Ageing, Minister for Mental Health in NSW and a number of Headspace 

locations, to ascertain what steps would be necessary to have Port Macquarie listed 

as a potential site. 

Through intensive lobbying and advocacy, Port Macquarie was fortunate to be 

allocated as a future Headspace site in the 2011/12 funding round. The process of 

which is detailed in the attached Council Reports, dated February 15 2012 and 

March 28 2012. 

Council was originally requested to be part of the “each Consortium” however given 

the multiple tenderers, elected to support and work with whichever group was 

successful. 

In 2012 the “each” led consortium was awarded the tender to open the Port 

Macquarie Headspace Centre. 

The winning consortium led by “each” Port Macquarie consisted of 

- North Coast NSW Medicare Local 

- Mental Health Service Mid North Coast Local Health District 

- Enterprise & Training Company Limited (ETC) 

- Drug and Alcohol Service ( Port Macquarie/Kempsey) Mid North Coast Local 

Health District 

Current status of the Headspace in Port Macquarie 

The Headspace Centre is located on Short Street and is due to open for business in 

January 2013. 

Consortium partners are currently negotiating and signing the Port Macquarie 

Headspace Memorandum of Understanding and Service Level Agreement, which are 

required as part of the funding agreement. 

Council has agreed to be a consortium member, and will contribute support in the 

following manner; 

Item 09.07 

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AGENDA 




- Provide assistance in distributing messages to the wider community 

promoting Headspace; 

- Facilitate the Youth Advisory Council (YAC) providing advice and guidance 

regarding accessing young people in the LGA; 

- Facilitate the YAC in providing information on Headspace to young people in 

the LGA; 

- Assist with providing community development skills; 

- Assist with advice on clinical governance arrangements; 

- Assist with community promotion activities in the LGA; and 

- Participate in the steering committee. 

Options 

Council could seek additional information on the Headspace initiative. 


Consultation has been undertaken in earlier phases in the development of a 

Headspace presence in Port Macquarie - see attached Council Reports. 


Council staff will work with the Port Macquarie Headspace Centre and this will be 

factored into future Operational Plan development. 


Nil direct budget implications. Activities will be absorbed within the Community 

Development budget. 

Attachments 

1. Headspace Port Macquarie Memorandum of Understanding Signed 

2. Headspace Port Macquarie Service Level Agreement 

3. Headspace Port Macquarie Council Report February 2012 

4. Headspace Port Macquarie Council Report March 2012 

Item 09.07 

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AGENDA 




Item: 09.08 

Subject: 

YOUTH ADVISORY COUNCIL ANNUAL REPORT 



2.2.1 Build capacity in the community to support young people. 


That Council note: 

1. The establishment of Youth Advisory Council sub groups in Wauchope 

and Laurieton in addition to the existing Port Macquarie group. 

2. The Port Macquarie-Hastings Youth Advisory Council organised and ran 

one of the most successful and well attended Youth Week Programs in 

New South Wales in 2012. 

3. The Port Macquarie-Hastings Youth Advisory Council won two New 

South Wales State Local Government Awards for the 2012 Youth Week 

Program. 


The Youth Advisory Council has had an exceptionally busy and successful year. A 

new initiative to provide access to the YAC in regional locations together with an 

innovative Youth Week program has increased YAC membership in 2012. YAC 

continues to provide a forum for young people in the LGA to discuss issues and 

design activities and events to deliver solutions and raise awareness. 

Discussion 

The Port Macquarie-Hastings Youth Advisory Council (YAC) is a Committee of 

Council made up of young people aged between 12 -25 years old living within the 

Hastings Area. 

The role of the Hastings Youth Advisory Council (YAC) is to: 

- Promote a positive image of young people aged between 12-25 years; 

- Promote and encourage activities for local young people; 

- Represent local young people and raise issues that are important to them; 

- Provide Port Macquarie-Hastings Council with information on issues, 

concerns and needs of young people. 

Early in 2012, the YAC changed its structure and reach aiming to encourage greater 

participation and involvement of young people with the YAC, and with YAC events. 

Item 09.08 

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AGENDA 




This led to the creation of three localised sub groups that meet once a month in a 

central location in their area, and a YAC Master Group that meets once a month at 

Council Headquarters. 

The sub groups include Port Macquarie, Wauchope and Laurieton which were 

created to provide better access to young people living in the regional areas of the 

Hastings as well as in Port Macquarie. 

As a result of the creation of the sub groups YAC membership has increased by 20 

young people. In addition YAC has hosted two major youth events in Wauchope and 

Laurieton during April of this year. 

The YAC designed, organised and implemented the Port Macquarie-Hastings 

National Youth Week Program in April. A copy of the program is attached. 

The program included eight activities and events held throughout the Hastings Local 

Government Area. The most popular events included the 

- Friday the 13 th Zombie March and Palooza in Port Macquarie; 

- Youth Homelessness Matters Day Concert and Sleep out in Wauchope; 

- Dive In Movie –watching Jaws in the Laurieton Memorial Swimming Pool; and 

- The Great Hastings Gnome Hunt – held throughout the entire Hastings LGA 

These events had the highest youth participation numbers in recent years. 

YAC submitted a report and funding acquittal regarding the Youth Week program to 

the NSW State Youth Week Office. Port Macquarie-Hastings Council won two out of 

three NSW State Local Government Awards for the Youth Week Program: 

- Most Innovative Youth Week Program 2012 

- Best Local Youth Week Program 2012. 

YAC also won a solar powered “Wheelie Bin Sound System” valued at $2,000 from 

the NSW State Youth Week Office. The sound system has been used at a number of 

youth events proving very popular with young people and the community. 

YAC is a forum that allows a range of issues impacting on young people to be 

discussed with a view of encouraging and supporting young people to develop their 

own solutions. 

During the YAC Planning day earlier this year the group identified a number of gaps 

in the community concerning young people including: 

- Homelessness 

- Mental Health 

- Access to information related to young people and youth services 

- Lack of safe youth friendly spaces and youth activities within the LGA. 

YAC members administer and manage two facebook pages with over 400 young 

people following the group. This is an effective tool utilised by the YAC to promote 

YAC events, youth services information and community news of interest to young 

people. 

Other key steps undertaken during the year included YAC working closely with the 

Hastings Youth Workers Network, Port Macquarie Headspace, and the St Agnes 

Item 09.08 

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AGENDA 




Youth Hub to promote youth services and events through their facebook pages, 

within their schools, and at their work places. 

YAC raised concerns regarding young people accessing youth services over the 

summer holidays, highlighting the loss of normal support structures provided through 

schools, and the increase of family stress levels throughout the Christmas period. 

The solution developed by YAC is to organise an innovative event aimed at helping 

to connect young people with youth services before the school term ends. This event 

will also celebrate an award winning year for the YAC teams. 

The event organised is the first Port Macquarie-Hastings outdoor Foam Party, being 

held on Friday the 14 th December at Grant Street Netball Courts, Port Macquarie. 

Options 

Council could seek additional information about the activities of the Youth Advisory 



YAC has discussed this report. 


The Hastings YAC events and projects help to meet the objectives in the Operational 

Plan, including; 

- programs that encourage participation and engagement for young people; 

- supporting youth focused events; 

- develop and implement a program for National Youth Week. 


Nil in relation to this report. 

Attachments 

1. Youth Week 2012 Event Passport 

Item 09.08 

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AGENDA 




Item: 09.09 

Subject: 

PROPOSAL TO NSW GOVERNMENT REGARDING PUBLIC LIBRARY 

FUNDING 



2.9.2 Provide library services in Port Macquarie, Laurieton & Wauchope. 



1. Note that the North East Zone of the NSW Public Libraries Association 

has endorsed a motion that all councils approach their local member to 

write to the Minister for the Arts in NSW calling upon the Government to 

implement the submission of the Library Council of NSW for the reform 

of the funding system for NSW Public Libraries. 

2. Write to the Minister for the Arts in NSW through the local members 

supporting the Library Council of NSW submission seeking a reform of 

the current funding system for NSW Public Libraries. 


To support the operation of public library services, each LGA receives funding from 

the NSW Government based on a per capita funding element as well as a Local 

Priority Grant and Library Development Grant. These amounts have remained fixed 

for some years and NSW Public Library Association considers that the funding model 

should be modified. It has made a submission to the Library Council of NSW 

outlining a new model which suggests an increase in funding be made to Public 

Libraries. 

A submission has been made by the Library Council of NSW to the Minister for the 

Arts requesting that this model be adopted. 

NSW Public Library Association has suggested that all Public Libraries support the 

reform of the funding arrangements to NSW Public Libraries and write to the Minister 

for the Arts requesting its implementation. 

Discussion 

Public Library funding has remained static for some years and as populations have 

increased the total funding available has decreased. The NSW Public Library 

Association has worked with the State Library to review the efficacy, administration 

and level of state funding in support of public libraries. There has been wide 

consultation with stakeholders, including the Local Government and Shires 

Item 09.09 

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AGENDA 




Associations, which has resulted in unanimous agreement on the need for reform 

and an increase in funding to NSW Public Libraries. 

A submission has been made by the Library Council to the Minister for the Arts 

seeking the implementation of this funding model. To date no response has been 

received. 

The NSW Public Libraries Association is seeking the support of its members to lobby 

the NSW Government to implement the new model. 

A copy of the NSW Public Libraries Association leaflet on “Enabling Communities” is 

attached to this report as is a copy of the draft notice of motion for Councils on library 

funding. 

Options 

Council could seek additional information. 

Council could choose not to support the funding model submission and accordingly 

not write to the Minister for the Arts on this matter. 


Discussion at the North East Zone of Public Libraries NSW at its meeting of the 29 

November 2012. This included Councillors as well as staff of a number of Councils 

in the zone. 


Nil. 


Council relies on the grants provided by the NSW State Library to operate the 

libraries in the Port Macquarie-Hastings LGA. The new funding model proposed by 

the NSW Public Library Association would see an increase in both the per capita 

element of the funding and the level and types of grants available. Port Macquarie- 

Hastings Council would in all probability receive additional monies under this model. 

Attachments 

1. NSW Public Libraries Association Notice of Motion November 2012 

2. NSW Public Libraries Association Enabling Communities leaflet 

Item 09.09 

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AGENDA 

Helping Our Community Prosper 




The Port Macquarie-Hastings region is able to thrive through access to a range of 

educational, employment and business opportunities. 


 

 

 

 

 

 

Greater availability of educational opportunities. 

Key business sectors are able to benefit from our natural and existing 

attributes. 

Business and industry, training and education facilities sustain our population 

growth. 

Increased employment opportunities. 

An environmentally harmonious and prosperous tourism industry. 

Widely available communications technology. 


3.1 Create opportunities for lie long learning and skill enhancement with the 

availability of a broad range of education and training facilities. 

3.2 Promote and support an increase in business capacity in order to generate 

ongoing economic growth. 

3.3 Expand tourism business opportunities and benefits through collaborative 

planning and promotion. 

3.4 Maximise innovation and economic competitiveness by providing high quality 

communication technology throughout the Port Macquarie-Hastings region. 

3.5 Target and encourage business enterprise by providing favourable business 

conditions including infrastructure and transport options. 

Page 113

AGENDA 




Item: 10.01 

Subject: 

QUESTION ON NOTICE - TERTIARY EDUCATION PLANNING 



That Council continues to support and facilitate the strategic direction of the 

Higher Education Industry Plan. 


Could the General Manager please advise Council by the December 2012 Council 

Meeting as to what plans it has to resume co-ordination of the strategic planning for 

tertiary education in this region, so as to ensure the individual efforts of Charles Sturt 

University, Newcastle University and University of NSW, in association with North 

Coast Institute of TAFE are co-ordinated and at all times compatible with the 

economic and social needs of the area? 


The most successful regional university campuses are those that are closely 

integrated into their local economy. During the early 2000's in Port Macquarie there 

was a tendency for universities to offer only the easiest to fill courses such as 

nursing. This led to duplication of offering and was not in this area's best interests. 

While there has been encouraging development of tertiary education recently, 

Council, as the representative of this community, needs to take a strong interest in 

ensuring ongoing development opportunities for this economy are maximised. 

Response 

Port Macquarie-Hastings Higher Education Plan 

Port Macquarie-Hastings Council has adopted a vision for higher education that is 

aligned to the Federal Government's national objective. That is, to increase the 

number of 25 to 34 year olds with a bachelor degree or above to 40% by 2025. 

In 2010 Council developed a Higher Education Plan. The Higher Education Plan 

provides a framework to work collaboratively with a variety of stakeholders in order to 

make improvements to building higher education aspirations, developing access to 

university courses and programs, and making available a range of courses that are 

linked to regional employment demands. 

The Economic Development unit continues to play a lead agency role in Higher 

education projects, such as the Mid North Coast Uni Portal and the Mid North Coast 

Tertiary Work Placement Programme. The Manager Economic Development and 

Tourism also participates on behalf of Council at the following Higher Education 

Item 10.01 

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AGENDA 




meetings in order to ensure a collaborative approach with a variety of education 

stakeholders. These include: 

 

 

 

Mid North Coast Building Australia's Future Workforce (BAFW) Advisory 

Committee Meeting (monthly). 

Mid North Coast Tertiary Work Placement Program Steering Committee 

Meeting (monthly). 

Education & Skills Forum (quarterly). 

Below is a summary of courses offered in Port Macquarie from 2013 by each tertiary 

education provider. As reflected in the information below, the intent of the universities 

is not to overlap courses and Council has been assured by at least one of the 

university’s that this is not their intent. 

Charles Sturt University: http://www.csu.edu.au/about/locations/portmacquarie 

(via direct courses or integrated programs with North Coast Institute 

of TAFE): 

Bachelor of Social Work 

Bachelor of Creative Industries 

Bachelor of Accounting 

Bachelor of Health and Rehabilitation Science 

Bachelor of Business Studies 

Bachelor of Clinical Practice (Paramedic) 

Bachelor of Justice Studies (Policing) 

Bachelor of Medical Radiation Science (Medical Imaging) 

Bachelor of Accounting 

University of Newcastle - http://www.newcastle.edu.au/location/portmacquarie/ 

Bachelor of Nursing 

Bachelor of Midwifery 

Bachelor of Teaching / Bachelor of Arts 

Open Foundation by Distance 

University of NSW – Faculty of Medicine - Rural Clinic will deliver regional 

Australia’s first full six-year medical degree offering 188 student places over the 

next five years in this program. More information - 

http://rcs.med.unsw.edu.au/rcsweb.nsf/page/Port%20Macquarie%20Campus 

Current statistics pertaining to education in the Port Macquarie Hastings LGA: 

11,469 people in Port Macquarie-Hastings Council area have a tertiary qualification. 

Educational Qualifications relate to education outside of primary and secondary 

school and are one of the most important indicators of socio-economic status. The 

Item 10.01 

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AGENDA 




following information benchmarks Port Macquarie Hastings LGA with the State of 

NSW. Please refer to the table below: 

Highest qualification achieved 

PMHC area 2011 2006 Change 

New 

New 

Qualification 

2006 to 

Number % South Number % South 

level 

2011 

Wales 

Wales 

Bachelor or 

Higher degree 

6,665 11.2 19.9 4,971 8.9 16.5 +1,694 

Advanced 

Diploma or 4,804 8.0 8.3 3,839 6.9 7.4 +965 

Diploma 

Vocational 14,195 23.8 17.7 12,128 21.7 16.8 +2,067 

No qualification 26,913 45.0 42.8 27,476 49.1 45.5 -563 

Not stated 7,176 12.0 11.4 7,493 13.4 13.8 -317 

Total persons 

aged 15+ 

59,753 100.0 100.0 55,907 100.0 100.0 +3,846 

Source: Australian Bureau of Statistics, Census of Population and Housing 2006 and 2011. Compiled and presented 

by .id, the population experts. 

(Usual residence data) 

Item 10.01 

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AGENDA 




Dominant groups 

Analysis of the qualifications of the population in Port Macquarie-Hastings Council 

area in 2011 compared to New South Wales shows that there is a lower proportion of 

the population in PMHC area compared to NSW with ‘Bachelor or higher degree’, but 

there is an equal proportion for ‘Advanced diploma or diploma’ when the stats are 

8.1% and 8.3% respectively, and there is a higher proportion in PMHC with 

‘vocational’ qualifications (23.7% and 17.7%, respectively). 

Overall, 43.0% of the population aged 15 and over held educational qualifications, 

and 45.0% had no qualifications, compared with 45.8% and 42.8% respectively for 

New South Wales. 

The major differences between qualifications held by the population of Port 

Macquarie-Hastings Council area and New South Wales were: 

 

A larger percentage of persons with Vocational qualifications (23.8% compared to 

17.7%) 

A larger percentage of persons with No qualifications (45.0% compared to 42.8%) 

A smaller percentage of persons with Bachelor or Higher degrees (11.2% 

compared to 19.9%) 

Emerging groups 

The largest changes in the qualifications of the population in Port Macquarie- 

Hastings Council area between 2006 and 2011 were in those with: 

 

 

 

Vocational qualifications (+2,067 persons) 

Bachelor or Higher degrees (+1,694 persons) 

Advanced Diploma or Diplomas (+965 persons) 

Item 10.01 

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AGENDA 




 

No qualifications (-563 persons) 

The following provides an overview of projects that continue to be facilitated through 

Council’s Economic Development unit as a result of the Higher Education Plan. 

Council works directly with the local universities and the North Coast Institute of 

TAFE to facilitate these projects and ensure coordination between stakeholders, as 

well as alignment with the economic and social needs of the area. 

The Mid Coast Uni Portal website: 

Port Macquarie Hastings Council continues to coordinate the Mid North Coast Uni 

Portal (www.midcoastuniportal.com.au). This is a positive and informative online tool 

to promote the region by empowering aspiring students to further their education via 

tertiary education. The website portal is used to promote university study and 

provides information to help increase tertiary education participation on the Mid North 

Coast (MNC) and helps position the MNC as a destination for quality tertiary 

education. There are six education partners - North Coast TAFE, University of 

Newcastle, University of New England, Charles Sturt University, University of New 

South Wales and the University of Sydney - who contribute funding and resources, 

while PMHC provides the staff resources to coordinate this project. 

The funding of this project is now in its final year of a three year funding agreement. 

Council’s Manager Economic Development and Tourism is currently finalizing a 

report and recommendations back to the education partners which will include a 

revised strategic Marketing and Communications Plan for the remaining 7 months of 

the project. The revised Plan will address the feedback received by the education 

partners in terms of how the Portal could better respond to the rapidly changing 

higher education market demands, as well as more effectively leverage the activities 

already being carried out by the various universities in this regard. The feedback is a 

result of a recent review of the Project between Council and the education 

stakeholders, whereby it was determined that a number of key performance 

indicators were not being met or results were below anticipated targets. 

The education partners are each contributing $11,440 (plus GST) to this project in 

the 2012/13 financial year, and this funding is contingent upon the agreement of the 

Committee against the success criteria. Therefore, Council as the lead agency has a 

responsibility to ensure that there are some significant improvements made now in 

order to ensure that the Uni Portal continues to have future relevance and impact in 

terms of providing access to real time information about tertiary education options 

and benefits for people in the local community. 

Mid North Coast Tertiary Work Placement Program: 

As part of Building Australia’s Workforce initiative, the Mid North Coast Tertiary Work 

Placement Program is funded by the Dept. Education, Employment and Workplace 

Relations (DEEWR) through the Local Employment Coordinator flexible Funding 

Pool. 

In May 2012 Council signed an Agreement as the lead Agency for this Program. This 

Program is a joint initiative between Port Macquarie Hastings Council, DEEWR, the 

Brolga Project, industry clusters and business representatives. Over the proposed 13 

month life of this Project, approximately 95 tertiary students are to be placed into 

work experience. $193k has been invested into this Program. 

Item 10.01 

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AGENDA 




Council has sub contracted the management of the Program to Richard Cowley from 

the Brolga Project. A Steering Committee has also been formed to provide expert 

advice as well as actively engage and promote the Program through their networks. 

The project targets the objectives of the priority employment area initiative set out, in 

relation to: 

 

 

 

 

 

Increasing regional student access to training and career opportunities; 

Establishing formal relationships and partnerships between key industries in 

regional areas; 

Increasing employment outcomes for key industries experiencing critical skill 

shortages; 

Offering a pathway for students to retain their original identity, and; 

Undertaking activities that attempt to link education to experience in regional 

areas will focus on (but not limited to) the health, engineering and accounting 

industries, bringing stakeholders together to address regional skill shortages 

on the Mid North Coast. 

Higher Education Fund (HEF): 

Council is also a sponsor of The Hastings Education Fund (HEF). In August 2012 

council donated $3,000 towards this Fund. The HEF was established to provide 

much needed financial assistance and support to local youth to help them achieve 

their post high school education, training and vocation aspirations. It recognises that 

the cost of regional students pursuing their post high school goals is often much 

greater than those of their metropolitan counterparts and that sometimes these costs 

can be prohibitive. 

Attachments 

1. Higher Education Plan July 2010 

Item 10.01 

Page 119

AGENDA 




Item: 10.02 

Subject: 

NOTICE OF MOTION - BEST PRACTICE IN AREAS OF CRITICAL 

OPERATIONS 

Councillor Sargeant has given notice of his intention to move the following motion: 


That the General Manager prepare a report by the February 2013 Ordinary 

Council Meeting as to how Council plans to constantly research and deliver 

best practice in its critical areas of operations. 


Most Councillors have indicated a desire to be part of a strongly performing Council 

that ranks as one of the State's best. In order to achieve this, it is proposed that 

Council needs to constantly research best practice so as to avoid 'keeping on doing 

what it always has". 

This is compatible with an early outcome of the LSI report as advised by the 

consultants. 

Attachments 

Nil 

Item 10.02 

Page 120

AGENDA 

Looking After Our Environment 




We understand and manage the impact that the community has on the natural 

environment. We protect the environment now and in the future. 


Accessible and protected waterways, foreshores, beaches and bushlands. 

Renewable energy options. 

Clean waterways. 

An environment that is protected and conserved for future generations. 

Development outcomes that are ecologically sustainable and complement our 

natural environment. 

Residents that are environmentally aware. 

A community that is prepared for natural events and climate change. 


4.1 Protect and restore natural areas. 

4.2 Ensure service infrastructure maximises efficiency and limits environmental 

impact. 

4.3 Implement total water cycle management practices. 

4.4 Continue to improve waste collection and recycling practices. 

4.5 Provide community access and opportunities to enjoy our natural 

environment. 

4.6 Create a culture that supports and invests in renewable energy. 

4.7 Increase awareness of and plan for the preservation of local flora and fauna. 

4.8 Plan and take action to minimise impact of natural events and climate 

change. 

4.9 Manage development outcomes to minimise the impact on the natural 

environment. 


AGENDA 




Item: 11.01 

Subject: WALL RESERVE TREE MANAGEMENT ISSUES (PIN 15194) 

Presented by: Infrastructure Services, Jeffery Sharp 


4.7.1 Promote the conservation of key habitats. 



1. Note the information provided in relation to the management of Wall 

Reserve. 

2. List for consideration a motion at the February 2013 Ordinary Council 

Meeting to rescind previous resolutions for Wall Reserve adopted in 

August and December 2009 which sought to manage the proposed 

regeneration area as usuable open space, as opposed to being managed 

as bushland. 


This report outlines issues associated with an area within Wall Reserve, North Haven 

and provides options for the future management of the site. 

Discussion 

Wall Reserve is a Crown Reserve located in North Haven between The Parade and 

the Camden Haven River. It is a large parcel of open space which contains 

significant areas of both parkland and bushland. It has been the subject of a number 

of reports to Council in recent years due to issues associated with the site. The key 

land management issues identified within these reports have been land tenure, the 

poor health of tree population which include hollows, and the presence of threatened 

species. 

The key community concern surrounding this area has centred on plans to return a 

section of the reserve which had previously been maintained as parkland to 

bushland. Attached for information is an aerial photograph outlining the proposed 

regeneration area. 

Land tenure 

Wall Reserve is a Crown Reserve that Council had embellished and subsequently 

maintained for many years assuming that Trust Management responsibility had been 

bestowed upon Council. 

Soon after the Ordinary Council Meeting held on 16 December 2009 a member of 

staff investigating the land tenure associated with another Crown Reserve found that 

land management responsibility for Wall Reserve had not been formalized with the 

Item 11.01 


AGENDA 




appointment of Council as Trust Manager. This essentially meant that land 

management responsibility remained with Department of Primary Industries – Crown 

Lands Division (formerly Department of Lands and Land and Property Management 

Authority). 

Council wrote to Crown Lands Division in February 2010 advising that investigations 

had identified that Council has not formally been appointed as Trustee Manager of 

the reserve, and that land tenure issues associated with the site needed to be 

resolved. 

Council staff have met with representatives of Crown Lands Division, Taree Office on 

a number of occasions since February 2010 to discuss the resolution of land tenure 

issues associated with Wall Reserve. The most recent meeting was held in Taree on 

11 July 2012 where it was agreed that Council would agree to assume management 

responsibility for Wall Reserve provided clear direction regarding the management of 

the reserve was provided by Crown Lands. 

Council has received correspondence from Crown Lands dated 17 October 2012 

advising that Wall Reserve has been added to the existing Reserve 80643 for Public 

Recreation. This reserve includes the park at the end of Hughes Road and North 

Haven Beach. The process has not provided clear direction from Crown Lands 

regarding the management of the reserve as was discussed at the meeting held on 

11 July 2012. 

Health of the tree population 

The tree population within the reserve has reached an age and condition that has 

seen the increase in branch drop and some tree failures. Essentially the area is a 

remnant bushland area which has been cleared as parkland. Due to historical 

mowing practises within the area, the trees are all nearing the end of their lives and 

mowers have ensured that no succession growth was present. 

Branch failures have become more frequent and more significant in recent times. In 

2005 Council’s Tree Management team conducted a full tree survey and audit of Wall 

Reserve. Of the trees audited 174 were found to have a Safe Useful Life Expectancy 

(SULE) of less than 5 years. Tree Management staff reported that the extent of limb 

failure was expected to continue and increase in frequency as the trees continued to 

age, which has proven to be the case. 

The predominant tree species spread across the area include Eucalyptus pilularis 

(Blackbutt), Banksia integrifolia (Banksia), Eucalyptus robusta (Swamp Mahogany), 

Corymbia intermedia (Bloodwood), Angophora floribunda (Rough Bark Apple) and 

Casuarina glauca (Swamp Oak). 

The trees in Wall Reserve were then reassessed by Council's Arborist following a 

report to the Ordinary Council Meeting held on 26 August 2009. The subject area 

includes a dense grouping of 130 trees that have high ecological value, but are also 

deemed to be high risk due to the number and variety of faults found in these trees. 

88 trees within this group were classified as moderate to high risk. 

There is no appropriate remedial pruning that can reduce the hazard posed by the 

condition of the trees. Lopping of the trees does not comply with the Australian 

Standard for pruning AS4373-2007. Pruning is not an appropriate option as the 

resultant regrowth grows quickly, is weakly attached and will fail more readily than 

Item 11.01 


AGENDA 




existing branches. Eucalypts that are lopped generally decline rapidly and die within 

a few years as they are forced to use resources in generating branches and foliage. 

Threatened species and hollow bearing trees 

During the tree population survey staff noted that many of the trees were hollow 

bearing trees which were potential habitat for threatened species. Due to the number 

of hollow bearing trees captured in the audit, Darkheart EcoConsultancy was 

subsequently engaged to provide an ecological report on fauna in the reserve. The 

results of the survey suggested the site offers value to at least 5 species classified as 

threatened under the Threatened Species Conservation Act (1995), namely the 

Squirrel Glider, Grey-Headed Flying Fox, Little Bent-Wing Bat, Eastern Freetail Bat 

and Glossy Black Cockatoo. The Darkheart report also suggested that the site offers 

considerable value to a diverse range of other fauna, especially birds, many of which 

were nesting and rearing young at the time of the survey. 

Of particular significance was the detection of a Squirrel Glider breeding group and 

the possibility of a Glossy Black Cockatoo pair utilising the site for nesting. Both 

species are considered sensitive to the removal of key habitat components, 

specifically tree hollows for denning and nesting. 

The Grey-Headed Flying Fox is also listed as vulnerable under the Environment 

Protection and Biodiversity Conservation Act. 

The presence of hollow bearing trees within Wall Reserve triggers the need for a 

Hollow Bearing Tree Assessment to be undertaken in accordance with Council’s 

Development Control Plan – General Provisions, Environmental Management (DCP). 

Risk management 

At the request of staff, Council's Insurer, Statewide Mutual undertook a site 

inspection on 11 September 2008 and provided risk management advice regarding 

the safety and potential public liability arising from trees within the proposed 

revegetation area. Statewide Mutual provided a number of management options 

including: 

 

 

 

 

 

Remove existing signage and provide specific signage for the at-risk area 

Provide delineation between the at-risk area and the areas that remain 

acceptable for use 

Inform the community why measures are being taken 

Remove all picnic and barbecue structures from the area 

consider fencing the bushland area. 

Council staff gave consideration to this advice from Statewide Mutual and developed 

the draft Wall Reserve Concept Plan. The concept plan proposed to define and 

enhance revegetation areas, provide an equal access children’s playspace, and 

improvements to landscaping. The plan also included a set of steps to provide 

access to the breakwall from Wall Street to replace the ramp that was removed 

earlier this year due to safety concerns. 

There are essentially two key areas within the Wall Reserve plan, the parkland area 

between Edith Street and Leighton Close, and the treed area west of Leighton Close. 

The idea behind the plan is to significantly improve the recreational opportunities and 

visual aesthetics within the parkland area. 

Item 11.01 


AGENDA 




The revegetation area within Wall Reserve has been proposed to incorporate 

recommendations made by Darkheart EcoConsultancy and Statewide Mutual in 

respect to the area of bushland. 

Whilst a fence around the entire area was considered an option to minimise risk, 

Council Officers preferred to provide pedestrian access through the site on 

maintained access ways to allow local residents to safely move through the site. 

A copy of this plan is attached for information. 

This plan was exhibited but was not formally adopted by Council due to some 

community concern surrounding the proposed revegetation area. It should be noted 

that 19 submissions were received during the public exhibition period with 11 not 

supportive of the proposed revegetation area, while 8 submissions, including one 

each from the Camden Haven Protection Society and Friends of Grant Beach, were 

supportive of the proposal. There were also 2 submissions in general support of the 

overall draft concept plan. 

The key objections to the proposed revegetation area included: 

 

 

 

 

the proposed revegetation area poses a fire risk to adjacent properties 

the revegetation area will become a haven for vermin 

the proximity of the revegetation area to the playground increases the 

likelihood of children being bitten by snakes 

the revegetation area will not be maintained and that weeds species will 

dominate the area. 

A large number of children’s playgrounds in the LGA are located adjacent to 

bushland areas. To date there have been no documented snake bites within 

children’s playgrounds in Council's parks and reserves. 

Vermin are a natural occurrence and will provide a source of food for other species of 

fauna in the area. 

Council’s Bush Regeneration team are currently actively managing the bushland 

section of Reserve 80643 between North Haven Beach Reserve and the proposed 

regeneration area. They have agreed to assume maintenance responsibility for this 

area if Council ultimately resolves to return the regeneration area to bushland. 

Management options for Wall Reserve 

Staff developed three potential management options for Wall Reserve which were 

included in the 16 December 2009 report to Council. The options are still considered 

valid and are outlined below: 

OPTION 1 - Remove all trees identified as moderate to high risk within the subject 

area 

This option would require the removal of 88 trees in the subject area. As mentioned 

above, this area consists of numerous hollows that provide habitat for various 

species of fauna. The removal of this number of trees will result in a significant loss 

of habitat for these species. 

Council staff sought the advice of Mr Jason Berrigan, Darkheart EcoConsultancy in 

the development of this report. Mr Berrigan advised that this option has a significant 

chance of requiring a Species Impact Statement (SIS) due to: 

 

Loss of the majority of hollow-bearing trees: This is a Key Threatening Process 

under the Threatened Species Conservation Act. Hollows take >100yrs to 

develop (small), and are required for breeding by the Squirrel Glider, Glossy 

Item 11.01 


AGENDA 




Black Cockatoo and threatened Yangochiropteran bats. Breeding of all species 

may occur on site; certainly of the Squirrel Gliders. Both mammals also need to 

use multiple hollows per season and life cycle stage e.g. due to dimensions of the 

hollow, breeding status, pests, predators and competition. Hence significantly 

reducing the abundance of hollows will reduce the survivability of the Squirrel 

Glider on site. Nest boxes are not an adequate replacement for nest boxes due to 

short life span, occupation by non-target species, and poorly understood 

influences on hollow suitability. They are only useful as a supplement to an 

existing resource, or in areas where hollows are absent, and high dependence on 

their presence is not required for survival. 

 

 

 

 

Loss of carrying capacity below a sustainable threshold: The site has very poor 

connectivity to other suitable habitats for the Squirrel Glider, with movement likely 

to be for essential dispersal not routine foraging. This currently predisposes the 

resident colony to chance extinction (though this may be buffered by the number 

of potential refuges from predators) due to insufficient forage (e.g. no flowering 

trees in one year due to drought), as well as genetic constraints (though the 

dispersability of the species must not be underestimated). Hence the removal of 

most of the canopy trees will most likely see the resident colony unable to meet 

nutritional requirements to breed let alone survive. They may try to offset this by 

using the Banksia/Tea-Tree scrub along the breakwall, but lack of hollows in this 

area and high exposure to predators would probably see eventual mortality outbalancing 

recruitment, and hence extinction. 

Continued suppression of regeneration and recruitment of regeneration: The area 

is expected to be maintained as parkland, with no natural regeneration or 

insufficient replanting as trees succumb to attrition, hence eventually the 

remaining habitat will erode to below sustainable levels, hence leading to loss of 

the population. 

Reduced connectivity over the site and with coastal scrub to the east: Removal of 

about 70% of the site’s canopy will significantly alter current connectivity for the 

Squirrel Glider, hence increasing exposure to predators, and also consuming 

more energy in movement in foraging. This all places stress on viability. 

Most likely will see loss of any potential Glossy Black Cockatoo Nests: Several 

large hollows possibly suitable for breeding of this bird are likely to be considered 

dangerous, and are expected to be removed. This will prevent any potential use 

of the site for breeding by this bird. 

An SIS will determine the significance of the site and the population to the 

conservation of these species at a local, regional and state scale, and evaluate the 

options for the site, and what can be done to abate impacts to the insignificant level. 

Mr Berrigan advised that one colony highly vulnerable to extinction is not likely to be 

considered significant given large populations in the locality e.g. Dunbogan, Crowdy 

Head, Bonny Hills, however, to obtain approval, an offset will most likely be required, 

most likely in the form of compensatory habitat. Ratios vary with the site situation, 

hence the offset area may be at least twice the size of the area affected. 

Council will also be required to engage an appropriately qualified person to 

undertake a Matter of National Environmental Significance Assessment to identify 

whether the works proposed with this option are likely to have an impact on the Grey- 

Headed Flying Fox, which is considered to be a matter of National Environmental 

Significance under the Environment Protection and Biodiversity Conservation Act. 

Item 11.01 


AGENDA 




Whether or not an action is likely to have a significant impact depends upon the 

sensitivity, value, and quality of the environment which is impacted, and upon the 

intensity, duration, magnitude and geographic extent of the impacts. 

In addition to the loss of habitat issues associated with this option the removal of 

these trees raises concern as the canopies and root systems of the group as a whole 

are largely interdependent. That is the canopies act as one in response to wind and 

the root systems can graft together. Removal of individual trees increases the 

potential for failure in the retained trees for two reasons: 

individual tree canopies are more exposed to the wind without the time to 

generate adequate tissue to minimise breaking. 

the removal or grinding of the stumps of removed trees can damage roots on the 

retained trees and there is the likelihood of decay or soil borne pathogens setting 

up colonies and spreading back from stumps or roots as they decay in the 

ground. 

This option triggers the need for a Hollow Bearing Tree Assessment to be 

undertaken. 

OPTION 2 - To create a managed bushland area with some passive recreation 

space 

This option requires the removal of 36 trees classified as moderate or high risk within 

the subject area. The removal of these trees will provide an area approximately 4000 

square metres in size which will be suitable for passive recreational uses. 

Mr Berrigan, Darkheart EcoConsultancy advised that this option is better than 

OPTION 1 in ecological terms with about 30% canopy loss, but will probably still see 

loss of mostly hollow-bearing trees, hence contributing to the pressures detailed 

above on a population already highly vulnerable to any adverse changes to their 

habitat. 

Mr Berrigan also advised this option will see significant fragmentation of the 

vegetation, increasing exposure to predation. 

The proposed offset of full regeneration of two patches of woodland into forest would 

increase carrying capacity, especially if assisted by dense plantings of key species 

such as Banksias and wattles. However, the time lag between planting and 

recruitment, and establishment of a functioning and productive ecosystem, may well 

see the loss in the interim of the currently viable colony of Squirrel Gliders due to 

higher predation and breeding failure (e.g. due to insufficient forage). Again, the 

animals may be forced to extend their regular range into the coastal scrub to the east 

and be exposed to predation due to lack of hollows. 

As a further offset, the linkage in Crown land along the breakwall extending 

eventually to forest to the north of North Haven and eventually extending behind the 

dunes to Bonny Hills (the latter being identical habitat to that on site but in natural 

condition, and hence a source of recruits for the site colony) could be enhanced by 

bush regeneration (e.g. removal of weeds, planting of eucalypts) and placement of 

numerous nest boxes to increase its functional effectiveness for foraging and genetic 

exchange. However, this would impose the liability of responsibility on Council to 

maintain this area to assist the Squirrel Gliders. 

In summary thus, there is a lot played to chance that the colony will survive postdevelopment, 

if significant offset measures are undertaken over the medium term at 

Item 11.01 


AGENDA 




least. This conflicts with the Precautionary Principle, hence on the balance of 

probability is more likely to be called in for an SIS. 

This option will also require a Matter of National Environmental Significance 

Assessment to identify whether the proposed works are likely to have an impact on 

the Grey-Headed Flying Fox, which is considered to be a matter of National 

Environmental Significance under the Environment Protection and Biodiversity 

Conservation Act. 

Natural Resources staff have advised that the proposed revegetation area 

associated with this option would be actively managed by Council's bush 

regeneration team. 

This option also requires a significant allocation of funding to allow for the SIS to be 

undertaken, the implementation and/or maintenance of offsets determined through 

the SIS, necessary tree works and site restoration costs. On this basis OPTION 2 is 

not seen as the best management model for Wall Reserve. 

This option also triggers the need for a Hollow Bearing Tree Assessment to be 

undertaken. 

OPTION 3 - Formalise two walkways through the site and allow the balance of the 

area to regenerate. 

This option was included in the draft Wall Reserve Concept Plan which proposed to 

undertake deadwooding of all trees around the perimeter of the subject area and 

along the fringes of two walkways that would be formalised to provide safe 

pedestrian access between The Parade and the access road through the reserve. 

OPTION 3 has also been considered by Mr Berrigan who suggested that allowing the 

bush to fully regenerate will increase the site’s carrying capacity and hence the long 

term viability of the Squirrel Glider. The more habitat regenerated, the greater the 

security, especially if linkage to the east is enhanced, for example, by strategic tree 

planting and through the installation of a number of nest boxes along the reserve. 

The works associated with this option will not trigger the need for an SIS under the 

Threatened Species Conservation Act or a seven part test under the Environment 

Protection and Biodiversity Conservation Act. 

Environmental Services staff have advised that the proposed revegetation area 

associated with this option would be actively managed by Council's recently 

established bush regeneration team. 

This option will also require the removal/relocation of picnic facilities from the area, 

and installation of signage throughout the subject area warning the public of the 

danger of falling branches in untreated areas. There is also the need for 

reinforcement of vegetated fringes around untreated areas to provide a vegetative 

barrier aimed at deterring public access into the area. 

This is the recommended management model for Wall Reserve on the basis that it 

addresses the risk to the community posed by the condition of the trees while 

retaining habitat for federally and state protected threatened species. 

Bushfire Management 

Council staff in conjunction with the Rural Fire Service conducted an assessment of 

Wall Reserve and adjoining properties during the development of the draft Wall 

Item 11.01 


AGENDA 




Reserve Concept Plan. At that time it was determined that the proposed regeneration 

area posed no significant bushfire risk for three reasons: 

 

 

 

The area is less than 1 hectare is an isolated pocket of vegetation more than 

100m from larger bushland areas. 

There is a road reserve between residences and the regeneration area that 

when combined with setbacks provides a 20m+ Asset Protection Zone which 

is the maximum possible distance for existing development under the 

Bushfire Environmental Assessment Code 2006, and 

The fuel loading within the reserve is low. 

Previous Council resolutions 

At the Ordinary Council Meeting held on 26 August 2009 it was resolved: 

1. That the proposal to upgrade the parkland areas of the concept plan be adopted 

with the amendment that a ramp be installed from the reserve onto the breakwall. 

2. That a further report be provided to Council following investigation into the 

proposed bushland area being actively maintained parkland. The future report 

needs to determine how best to effectively manage this area as usable open 

space, given the constraints of the existing flora and fauna and tree maintenance 

issues. 

As per resolution 2 included above, a further report was considered at the Ordinary 

Council Meeting held on 16 December 2009 it was resolved: 

1. That Council recognise the immediate return to usable open space is not feasible 

given the threat to public safety posed by the trees in Wall Reserve. 

2. The future use of Wall Reserve be considered following the completion of a 

Species Impact Statement and a Matters of National Environmental Significance 

Determination. 

3. That the infrastructure improvements included in the Wall Reserve Concept Plan 

be implemented as soon as possible. 

In accordance with resolution 3 included above, playground equipment and 

associated parks furniture, and the pedestrian ramp onto the breakwall was installed 

in the 2009/10 financial year. 

Resolutions 1 & 2 from the Ordinary Council Meeting held on 16 December 2009 

have not been auctioned due to the land tenure issues discussed earlier in this 

report. 

Current situation 

As mentioned earlier in this report, land tenure has now been resolved with Council 

appointed as Trustee Manager of the reserve. 

Tree health continues to decline and there has been significant branch failure since 

the December 2009 report to Council. 

The upgraded playground area within Wall Reserve has proven popular and 

experiences high levels of community use. 

The proposed revegetation area within the draft Wall Reserve Concept Plan has not 

been mown for several years and there has been significant regeneration since that 

time. Grass species, wattles and eucalypt species are now present within this area. 

Item 11.01 


AGENDA 




Even with this area being currently un-maintained there still remains significant 

parkland space within Wall Reserve for passive use by the community. 

It should be noted that there are other significant areas of parkland adjacent to the 

foreshore in North Haven including North Haven Beach Reserve, Hughes Road 

Reserve, Bowling Club Reserve, Ostler Park, Riverview Reserve and Bunny’s 

Corner. 

As mentioned above, the Bush Regeneration team have agreed to assume 

maintenance responsibility for this area if Council resolves to return the regeneration 

area to bushland. 

Council has recently removed some Flindersia trees in poor health from Clarence 

Street, Port Macquarie. A number of Norfolk Island Pines were also recently removed 

from the Gaol Point area in Port Macquarie in accordance with adopted a Bushland 

Site Action Plan. Both activities generated a number of enquiries from customers 

concerned about their removal. The removal of mature native tree species, which 

provide habitat for a range of protected and other species of fauna, will also likely 

result in some community angst. 

Options 

Council can resolve as is recommended to consider rescinding earlier resolutions on 

this matter and regenerate the area within the draft Wall Reserve Concept Plan as 

bushland, as outlined as Option 3 within this report. 

Alternatively, Council can opt to further investigate the potential for tree removal 

(Option 1 or 2) to allow for a return to parkland maintenance of the subject area 

within Wall Reserve following completion of a Hollow Bearing Tree Assessment, a 

Species Impact Statement (if required) and a Matter of National Environmental 

Significance Assessment. A report regarding the outcome of this/these assessment/s 

would presented to Council at a future meeting. 

Another option for Council consideration is that no option is supported at this point in 

time, with a Hollow Bearing Tree Assessment to be undertaken with a report 

regarding the outcome of this assessment presented to Council at a future meeting. 


In the preparation of the previous reports regarding this matter the following persons 

or organizations had been consulted: 


Manager Parks & Recreation 

Tree & Bushfire Management Officer 

Recreation & Buildings Coordinator 

Environmental Services staff 

Darkheart EcoConsultancy 

NSW Rural Fire Service 

Council's Insurer, Statewide Mutual 

The Director Infrastructure Services and Council’s Natural Resources Officer were 

consulted during the development of this report. 

Item 11.01 

Page 130

AGENDA 





The recommendation included within this report is consistent with the Tree 

Management and Environmental Management provisions included within the Port 

Macquarie - Hastings Development Control Plan 2011. 


The cost of undertaking a Hollow Bearing Tree Assessment will not be significant and 

can be funded by the Tree Management Operational Budget. 

The cost of undertaking a Species Impact Statement (if required) will be in the order 

of $10,000 - 15,000. 

The cost of managing high risk trees within Wall Reserve will be significant should 

Council resolve to adopt Option 1 or 2, and environmental approvals can be gained 

for these works. 

Attachments 

1. Wall Reserve proposed regeneration area 

2. Draft Wall Reserve Concept Plan 

3. Darkheart EcoConsultancy Wall Reserve Threatened Species Survey 2005 

Item 11.01 

Page 131

AGENDA 




Item: 11.02 

Subject: 

2013 NSW COASTAL CONFERENCE - PORT MACQUARIE 



4.1.1 Implement a range of proactive programs for the environmental management 

of Council and privately owned land and waterways. 


That Council make provision in the 2013-2014 Operational Plan to underwrite 

the 2013 NSW Coastal Conference to be held in Port Macquarie in November 

2013 to the value of $10,000. 


Council has recently been successful in a bid to hold the NSW Coastal Conference in 

Port Macquarie. Part of the host agreement it that the council underwrites the 

conference to ensure its ongoing financial security. 

Discussion 

The NSW Coastal Conference has been run as an annual event since 1990. The 

conference has grown to become one of the most successful coastal industry events 

held in Australia. It attracts between 250 – 300 participants from throughout NSW, 

plus some from other states, and can generate considerable media attention for 

current coastal issues. Its goal is to bring together professionals, representatives 

from local government, state agencies and community groups for an intensive 

exchange of current information and research on vital issues for coastal 

communities. 

NSW regional coastal councils take turns hosting the event which takes place in the 

first half of November each year. Port Macquarie-Hastings Council nominated and 

was successful in attracting the conference to Port Macquarie for 2013. The 

conference will be held at the Glasshouse. 

Part of the host agreement is that the council agree to underwrite the conference to 

the value of $5,000 -$15,000. 

Options 

Council could choose not to underwrite the conference and therefore relinquish its 

hosting rights. 

Item 11.02 

Page 132

AGENDA 







Not applicable 


It is proposed to underwrite the conference to the value of $10,000. Should this be 

required, this allocation will be able to be funded from within existing operational 

budgets. It is noted that the conference has run at a profit for the past several years. 

Any profit generated from the conference will be forwarded to the Council upon 

completion of the final budget wrap up (generally within 2 months following the 

conclusion of the conference), with the exception of a marketing contribution (15% of 

total profit) which is to be carried-over for the ongoing development of the next 

conference. 

The Coastal Conference has its own bank account which must be used for all 

financial transactions for the conference. The conference budget has been 

developed the office of the Environment & Heritage and the Conference Managers. 

The Conference Managers provide full invoicing and payment processing for all 

delegates, sponsors and trade exhibitors. 

It is expected that the conference will have appositive economic impact. A 

conference of this type has a multiplier effect that would see around $85,000 injected 

into the local economy. 

Attachments 

Nil 

Item 11.02 

Page 133

AGENDA 




Item: 11.03 

Subject: 

EXTENTION OF WASTE SERVICES CONTRACTS 



4.4.1 Reduce waste to landfill in line with NSW targets utilising appropriate 

education, facilities and strategies. 



1. Not invite tenders for the Contract concerning the Collection of Waste and 

Recoverable Resources from the expiry of the current Contract in October 2011 

as pursuant to s55(3)(i) of the Local Government Act 1993 (NSW), calling for 

tenders for short term operations is unlikely to generate a competitive 

environment due to high establishment costs and short contract duration. 

2. Enter into a Deed of Variation of the current Contract for the Collection of Waste 

and Recoverable Resources to extend the operation of that Contract from 30 

June 2013 to 31 August 2014. 

3. Not invite tenders for the Contract concerning the operation of the Cairncross 

Organic Resource Recovery Facility from the expiry of the current Contract in 

June 2013 as pursuant to s55(3)(i) of the Local Government Act 1993 (NSW), 

calling for tenders for short term operations is unlikely to generate a 

competitive environment due to high establishment costs and short contract 

duration. 

4. Enter into a Deed of Variation of the current Contract for the operation of the 

Cairncross Organic Resource Recovery Facility to extend the operation of that 

Contract from 30 June 2013 to 31 August 2014 with the following amendments 

to the current contract: 

a. Option B1 of the contract (Commercial and Industrial Waste) not being 

included in the contact extension. 

b. The schedule of rates for Option B of the contract being amended to $90 

per tonne from 1 July 2013. 

c. Amendment of the minimum tonnage in Clause 2.6.1 to 23,000 tonnes per 

annum. 

5. Affix the Seal of Council to the necessary documents. 


Council is currently seeking expressions of interest for Alternate Waste Treatment for 

the processing of domestic waste which includes Council’s current Organics 

Resource Recovery Facility (ORRF). Council will also shortly be seeking tenders for 

the domestic waste collection contracts. In order to allow for sufficient time for the 

new Council to become conversant on waste and resource recovery issues and to 

provide sufficient lead time for the successful tenders to establish the new operations 

it is proposed to enter into short term contract extensions for the ORRF and the 

Collection of Waste and Recoverable Resources. 

Item 11.03 

Page 134

AGENDA 




Discussion 

The Port Macquarie-Hastings Council (PMHC) Collection of Waste and Recoverable 

Resources Contract, currently held by JR Richards Waste and Recycling Services, is 

due to conclude at the end of June 2013. 

This contract covers a range of services including the distribution, replacement and 

collection of the three (3) domestic bins (red, yellow and green), bulky kerbside waste 

collection, distribution of kitchen food waste bins and servicing of bulk transfer bins at 

Council facilities. 

In addition, the Port Macquarie-Hastings Council (PMHC) Alternative Waste 

Treatment (AWT) facility Contract, currently held by Remondis Australia Pty Ltd, is 

due to conclude at the end of June 2013. This contract incorporates two (2) separate 

processing streams: 

Area 1 - The Organic Resources Recovery Facility (ORRF). The ORRF processes all 

organic (green bin) waste into a high quality compost material for sale. This removes 

organic waste from landfill substantially reducing emissions and maximising landfill 

capacity. 

Area 2 - The Inert Processing Facility (IPF). This facility processed mixed solid 

waste (red bin) into an inert waste material again reducing emissions and maximising 

landfill capacity. However, in July 2011 the facility was discontinued due to high 

costs. A trial of separating commercial and industrial waste was commenced. This 

trial has had limited success. 

The renewal of the contract for Collection of Waste and Recoverable Resources, 

while high cost, is essentially the continuation of a ‘business as usual’ service. This 

contract is proposed to run over a 7 year period and is estimated at $41 million over 

this period. There is also potentially to link PMHC’s collection contract with Kempsey 

Shire Council’s collection contract. 

Prior to advertising the collection contract tender there will need to be community 

engagement on potential changes to the collection frequencies, bin sizes and 

kerbside bulky collections. 

The Alternative Waste Treatment (AWT) Contract is currently subject to an 

Expression of Interest (EOI) for consideration of best practice technologies. The EOI 

will also consider: 

The ORRF processing facility 

Mixed solid waste (red bin) processing options. 

Linking a gas (methane) extraction and power generation system to the 

process, 

Link a package sewer treatment plant (STP) system to the process, 

Further inclusion of Commercial & Industrial (C&I) and Domestic waste 

streams, 

Carbon Price Mechanism (CPM) and future Carbon Emissions Trading 

Scheme (ETS). 

The AWT contract is proposed to run over a 10 year period and is estimated at $28 

million over this period. 

Item 11.03 

Page 135

AGENDA 




The Development Approval (DA) for the Cairncross Waste Management Facility 

(WMF) was time limited (20 years) and expires in 2020. A new DA will be required 

before the AWT contract can be accepted for the proposed time period. 

Options 

Council could choose to call short term contracts for the waste collection and OORF 

however this is unlikely to generate a competitive environment due to the high 

establishment costs of any new operator. 


Community consultation in accordance with Council’s Community Participation Policy 

is proposed prior to the commencement of the tender process. 


It is proposed not to invite tenders for the short term operation of the Cairncross 

Organics Resource Recovery Facility and Collection of Waste and Recoverable 

Resources contracts due to the following extenuating circumstances: 

Calling tenders for a short term operation waste services is unlikely to generate a 

competitive environment due to the high establishment costs of any new 

operator. 

Prior to calling for long term tenders for domestic waste collection and processing 

services, sufficient lead time is required to allow for community engagement on 

potential collection changes and to allow for successful tenderers to prepare for 

the commencement of the contracts. 


JR Richards and Sons Pty Ltd, the holder of the Collection of Waste and 

Recoverable Resources Contract have advised that they are agreeable to extension 

of the contract under the current terms and conditions. 

Staff have negotiated a contract extension provisions for the ORRF Contract with 

Remondis Pty Ltd. Details of the contract extension particulars, gates fees and minor 

contract variations proposed are as follows: 

a) Option B1 of the contract (Commercial and Industrial Waste) not being 

included in the contact extension. 

b) The schedule of rates for Option B of the contract being amended to $90 per 

tonne from 1 July 2013. 

c) Amendment of the minimum tonnage in Clause 2.6.1 to 23,000 tonnes per 

annum. 

d) Amendment of the second paragraph of clause 2.8 to provide no cost to 

Council for the removal of contamination. 

The amended charges proposed by Remondis result in an increase of approximately 

$185,000 to Council for the ORRF component of the contract. This increase is 

considered acceptable as the Commercial processing component will cease saving 

Council approximately $800,000 per annum. A net saving to Council of approximately 

$615,000. 

Item 11.03 

Page 136

AGENDA 




Attachments 

Nil 

Item 11.03 

Page 137

AGENDA 



Planning and Providing Our Infrastructure 


Our population growth is supported through public infrastructure, land use and 

development strategies that create a connected, sustainable and accessible 

community. 


 

 

 

 

 

Supported and integrated communities. 

Infrastructure provision and maintenance that respects community 

expectations and needs. 

A natural environment that can be accessed by a network of footpaths, 

cycleways, coastal and hinterland walkways. 

Accessible, convenient and affordable public transport. 

Employment and population growth that is clustered within urban centres. 


5.1 Create and maintain integrated transport system that eases access between 

population centres and services. 

5.2 Ensure transport options are safe, functional and meet access needs across 

the Local Government Area. 

5.3 Develop and enhance quality open space and recreational facilities. 

5.4 Plan settlements to accommodate a range of compatible land uses and 

projected population growth. 

Page 138

AGENDA 




Item: 12.01 

Subject: 

GRANT OF EASEMENT FOR UNDERGROUND POWER AT PORT 

MACQUARIE AIRPORT 



5.4.2 Undertake planning for a series of prioritised residential land releases including 

urban consolidation initiatives in major centres. 



1. Accept the offer of compensation in the amount of $10,663 (GST 

Exclusive) for the granting of an easement 2 metres wide for 

underground electricity affecting Lot 25 DP1123026 (or land being a 

successor in title to Lot 25 DP1123026). 

2. Pursuant to Section 377 of the Local Government Act 1993, delegate to 

the General Manager authority to sign: 

a) Deed /contract of easement acquisition 

b) Land and Property Information Transfer Granting Easement Form. 


A report to consider a request by Essential Energy to place an 11KV underground 

electricity cable within land comprising part of the Port Macquarie Airport. 

Discussion 

As part of a network upgrade, Essential Energy has sought the consent of Council to 

place an underground electricity cable in land (Lot 25 DP1123026) that comprises 

part of the Port Macquarie Airport. A plan of the intended location of the underground 

cable is attached to this report. 

As can be seen from the attached plan, the cable is intended to be placed on the 

boundary of the airport land and thus the impact on airport operations is not 

significant. The cable will follow a path similar to that of a recently laid fibre optic 

telecommunications cable. 

From an operational perspective, there is no objection to the cable being laid at the 

intended location. 

Essential Energy seeks to acquire an easement over the length of the cable so as to 

ensure their future rights of access for maintenance. The noting of the easement on 

the land title also serves as an ongoing reminder for both Council and Essential 

Energy as to the location of the cable. As such, the granting of an easement is 

considered acceptable. 

Item 12.01 

Page 139

AGENDA 




Options 

There is the option to: 

1. Endorse the request by Essential Energy and accept the offer of 

compensation as made. 

2. Endorse the request by Essential Energy and seek compensation in a 

different amount. 

3. Not endorse the request by Essential Energy. (Note: Like Council’s, Electricity 

Providers such as Essential Energy, have powers of compulsory acquisition 

should they choose to use them). 


There has been consultation with Essential Energy and Council staff and contractors 

including Council’s Airport Business Enterprise Manager. 


There are no planning and policy implications for Council arising from the grant of the 

easement. 


As a landowner, Council is entitled to compensation for the grant of the easement. 

Essential Energy has retained a qualified local valuer to assess compensation in 

accordance with statutory requirements. An assessment of compensation in the 

amount of $10,663 (GST Exclusive) has been made and an offer in writing made in 

this amount. As required by legislation, costs incurred by Council as part of the grant 

of the easement are to be met by Essential Energy. These costs include for example, 

fees charged by Council’s lawyers as part of the conveyance of the easement 

creation. 

Whilst it is noted that the valuer retained by Essential Energy is also on Council’s 

current panel of valuers, an in-house desktop calculation indicates that the amount of 

compensation assessed is fair and reasonable. Whilst Council is entitled to seek a 

valuation in response to the offer by Essential Energy, having regard to the in-house 

calculations there would appear, in this situation, to be no advantage in seeking a 

further valuation. 

The compensation funds will be allocated to the Airport Reserve to assist in the 

funding of Airport Operations. 

Attachments 

1. Plan showing location of proposed underground cable 


Page 140

AGENDA 





Subject: 

LAKE ROAD, PORT MACQUARIE - 40KM/H HIGH PEDESTRIAN 

ACTIVITY AREA 



5.2.1 Plan and implement traffic and road safety programs and activities. 



1. Endorse the implementation of the Lake Road 40kmh High Pedestrian 

Activity Area. 

2. Place the proposal on exhibition for community information and 

comment prior to implementation of the works for a period of sixty days, 

3. Report to Council following closure of the exhibition period. 


The RMS has approved Council’s proposal to implement a 40km/h High Pedestrian 

Activity Area along Lake Road, from immediately south of the Savoy Street 

intersection to 60m north of the Hill Street intersection. It is now proposed Council 

endorse the plan for implementation. 

Discussion 

In 2004 Council made a request to the RMS (then RTA) for approval to introduce a 

40km/h High Pedestrian Activity Area along Lake Road from Hill Street to Savoy 

Street, Port Macquarie. The request was made to reinforce proposed traffic calming 

works constructed in 2005. This request was declined due to RMS policy at the time. 

Council has received numerous requests since construction of the existing traffic 

calming works to have the speed limits reduced in this section of Lake Road. 

In November 2010 the Local Traffic Committee gave unanimous support to resubmit 

Council’s application to the RMS which was subsequently granted due to changes in 

RMS policy. Council received funding from the RMS to implement a study that 

resulted in the production of a detailed concept design and an estimate of costs 

(copy attached). 

The works proposed to create the 40kmh zone essentially involve in addition to the 

existing works significant pavement markings and signage to reinforce to 

approaching traffic the speed zone. 


Page 141

AGENDA 




In November 2012 the Local Traffic Committee gave unanimous support to the 

proposed plan. Infrastructure Operations have tentatively scheduled construction of 

the works early 2013 subject to endorsement. 

It is recommended Council now endorse implementation of the works as designed. 

Options 

Council has the option to support the proposal , defer implementation for further 

consultation or reject the proposal. 


The proposed 40kmh pedestrian zone was initiated in response to several resident 

and local business concerns to the safety of pedestrians crossing Lake Road. 

Consultations have been limited to internal staff and the local traffic committee 

comprising NSW Police, RMS and the Local MP representatives. 

It is to be noted the existing traffic calming works were consulted with residents and 

the community during 2005. 

Although the proposed 40kmh works do not significantly alter the existing works it is 

proposed to exhibit the proposal for community information and comment. It is 

expected the proposal will on safety grounds attract wider community support as well 

and should this be demonstrated through the exhibition feedback. 


The proposed works have no negative Planning & Policy Implications for Council. 

The proposal aligns with Councils objectives for improved road safety and access. 


The works are estimated to cost $144,269 and are proposed to be funded $104,269 

NSW Government and $40,000 Council 2012/13 Infrastructure Operational budgets. 

Attachments 

1. Lake Road 40km/h High Pedestrian Activity Area 


Page 142

AGENDA 





Subject: 

THRUMSTER SEWERAGE 



5.5.5 Construction of sewerage assets. 


That Council receive and note the updated information in relation to the 

provision of a sewage transfer system for Thrumster, via the directional 

drilling pipeline connecting to the existing Port Macquarie Sewerage Scheme. 


Construction of sewer rising main including underbores below Partridge Creek is due 

for completion in February 2013 thus enabling connection of Area 13 sewerage to the 

Port Macquarie reticulation system. 

Works to be completed include: 

Completion and connection of sewerage rising main to the underbore 

Completion of connections to SPS No. 23 on Hastings River Drive 

Commissioning of full transfer systems 

Discussion 

Transfer of sewage from the Area 13 land development area to the existing Port 

Macquarie Sewerage Scheme is dependent on the completion of the following 

facilities: 

Thrumster SPS No. 1 

Rising main pipework from Thrumster SPS No. 1 to Port Macquarie SPS No. 

23 on Hastings River Drive 

Gravity reticulation network to serve the land release area 

Construction of the Thrumster SPS No. 1 was completed in 2010. 

The initial stages of the gravity reticulation systems was completed in 2011 to cater 

for staged growth. 

Completion of the rising mains has been dependent on the construction of two 

directional drilled pipelines across the Partridge Creek wetland at the end of 

Fernbank Creek Road. 


Page 143

AGENDA 




A contract was let in October 2009 to undertake this work to Pipeline Drillers Group. 

A total of four pipelines were to be constructed to achieve the following: 

 

 

 

The transfer of sewage from Thrumster to Port Macquarie 

The transfer of recycled water from the future proposed Thrumster Sewage 

Treatment plant to Port Macquarie (Kooloonbung Creek) for disposal 

The transfer of recycled water from the Thrumster Sewage Treatment plant to 

the Thrumster residential area for reuse 

Due to an environmental breach in November 2009, only one of the four pipelines 

was completed. Delays to the project were then experienced resulting from 

investigations carried out by EPA on the breach. Final outcomes resulted in punitive 

action taken against the Contractor. Council were exonerated from any responsibility 

for the breach. The contract was suspended for the period of the investigation with 

negotiations undertaken for recommencement of work following resolution of the 

legal action. 

Following the courts determination, Council again considered the underbores 

required and at the ordinary Council meeting on 25 July 2012 resolved the following. 


1. Recommence works in accordance with Tender T-09-04 and subsequent 

negotiations undertaken in accordance with the terms and conditions of the 

Deed of Agreement, and accept the revised contract price from Pipeline Drillers 

Group to complete the installation of 2 directional drilled pipes at Thrumster for 

the value of $2,109,004 Exc GST. 

2. Provide delegated authority to the General Manager to approve variations up to 

an additional $200,000 should hard rock be encountered. 

Accordingly, directional drilling recommenced in August 2012 to complete 

construction of two pipelines to allow transfer of sewage to the existing Port 

Macquarie reticulation network and for future disposal of recycled water from the 

proposed Thrumster Sewage Treatment Plant to the Port Macquarie effluent 

discharge into Kooloonbung Creek. Presently the contractor is offsite which will allow 

the completion of the first transfer line. The contractor will return early in the new 

year to complete the second underbore required for the ultimate effluent disposal 

system. 

The remaining pipeline for supply of reclaimed water to Thrumster residential area 

was to be constructed adjoining the initial pipeline where the environmental breach 

occurred. This will now be redesigned in an alternate location, if it is required, to 

avoid the environmental risk where the previous breach occurred. 

Current Status 

The first underbore pipeline for the transfer of sewage from the Thrumster SPS No. 1 

to the Port Macquarie reticulation network has been completed. Final connections 

for this pipeline are anticipated to be completed during February 2013, the system 

will then be commissioned, which will in turn allow the transfer of sewage from Area 

13 to the Port Macquarie scheme. 


Page 144

AGENDA 

Options 




Further development of the Thrumster sewerage scheme is subject to examination of 

the current concept design. Options for construction of a Sewage Treatment Plant at 

Thrumster will be considered as part of this examination. 


Consultation has been undertaken with Council staff, developers and landowners to 

develop strategy. 


This is a further step in progressing the provision of services to the Area 13 

development. When connections are finalised, this work will complete Stage 1 of the 

Thrumster Sewerage Scheme. 


Completion of the current contract works is in accordance with the approved budget. 

Based on progress to date, it is anticipated all works will be completed within the 

approved budget. 

Attachments 

Nil 


Page 145

AGENDA 





Subject: 

SMALL VILLAGES SEWERAGE SCHEME 



5.5.4 Plan, investigate and design for the delivery of sewerage assets. 


That Council note the discussion detailing the proposed program of the 

Village Sewerage Schemes and the current status of each scheme. 


Council, at its meeting held on 10 October 2012, resolved: 

“That a report be brought to the December 2012 Council Meeting on the history and 

status of the Small Towns Sewerage Scheme, especially regarding Comboyne.” 

Discussion 

Delivery of reticulated sewerage services to the villages of Herons Creek, 

Beechwood, North Shore, Comboyne, Long Flat and Telegraph Point is continuing. 

 

 

 

 

Herons Creek has been completed with residents to be requested to connect 

shortly. 

Beechwood designs have been completed and tender documents are 

currently being finalised to enable tenders to be called. 

Review of concept designs for North Shore is currently underway. 

Review of concept designs for Comboyne, Long Flat and Telegraph Point are 

currently under consideration. 

The construction of sewerage facilities for the village areas align with Council’s social 

focus in the facilitation of community growth and through the provision of quality 

services, strategies and infrastructure for the betterment of the community. 

Overall the project aligns with both Planning and Providing our Infrastructure and the 

Environmental areas of the Community Strategic Plan. 

The provision of sewerage facilities to the village areas is fully funded and included 

each year in works programme up to 2016/17. 


Page 146

AGENDA 




Council resolved to provide sewerage services to the above village to address 

environmental concerns related to on-site disposal systems affecting adjoining 

residential areas and water courses. 

Investigations into the provision of sewerage services for the six village areas in the 

Port Macquarie-Hastings Local Government Area (LGA) being Herons Creek, 

Beechwood, North Shore, Comboyne, Long Flat and Telegraph Point have been 

continuing over a lengthy period. 

Sinclair Knight Merz Pty Ltd were engaged by Council and the Department of Energy 

and Utilities (now NSW Office of Water) in 2002 to develop options reports for the six 

villages and undertake the necessary environmental studies associated with each 

scheme. 

The provision of sewerage services into the Villages has been impacted by a number 

of factors since the initial engagement of Sinclair Knight Merz. Following 

modifications to the Country Towns Water Supply and Sewerage Scheme program, 

where subsidy from the NSW State Government was reduced, now providing only 

20% funding of construction cost only for two of Council’s schemes being Herons 

Creek and North Shore, (down from a 50% subsidy for all six schemes originally) 

further delays in the provision of the schemes have been experienced. 

Modifications to the Camden Haven STP Licence by the NSW EPA required an 

upgrade to the Camden Haven Sewage Treatment Plant to improve effluent quality 

being discharged was completed with a total cost of $17.5M, improvements 

requested by the then Administrator Mr D Persson on upgrades to the Camden 

Haven sewerage scheme reticulation networks to address wet weather surcharging 

$1.75M and the loss of income from interest into the sewerage fund as an outcome 

of the GFC and the impact of the CDO investments held by Council have delayed the 

delivery of the Village schemes. 

Current progress and proposed completion dates for the schemes are as follows. 

The scheduling of the schemes has been based on environmental risk and ease of 

construction: 

Herons Creek – Construction and commissioning complete. Notification to be sent to 

landowners to commence connection to the new scheme in the near future. 

Beechwood – Design complete. Tenders for construction to be called over the next 

two months with Council likely to consider the tender outcome at its March 2013 

meeting. 

North Shore – Concept review underway. Further consultation with the local 

community will commence during early 2013 with construction proposed during 

2013/14. 

Comboyne – Concept prepared. In 2005 Council acquired land (approx 70ha) 

immediately to the east of the town for the construction of a package sewage 

treatment plant and discharge of effluent via pasture irrigation. Based on the current 

works program, the scheme is currently proposed to be constructed in 2014/15. 

A review of the original concept report is to be carried out in view of changing 

technologies for transfer and treatment of sewage and disposal/reuse of effluent. 


Page 147

AGENDA 




Long Flat – Initial concept prepared. Construction proposed 2015/16. 

Telegraph Point – Initial concept prepared. Construction proposed 2016/17. 

Options 

Examination of concept designs currently completed may identify the need for further 

option examination. Concept designs were originally completed 2005/2006 with 

potential developments in technology changing recommendations. 

The currently schedule and program is as included in the previous delivery program, 

modification of the schedule and timing of these works could be amended although 

this is not supported at this time. 


Consultation has been undertaken with Council staff, developers and landowners to 

develop strategies. Additional consultation and engagement has occurred over a 

long period with the following stakeholders. 

Agencies 

Port Macquarie-Hastings Council (PMHC) 

Department of Environment, Climate Change & Water (DECCW) includes 

Environmental Protection Agency (EPA) 

NSW Office of Water 

NSW Public Works 

Essential Energy 

Other Parties 

Local communities of Herons Creek, Beechwood, North Shore, Comboyne, 

Long Flat and Telegraph Point 

Consultants 

Contractors 


Delivery of this program is in accordance with the current program of works. 


Page 148

AGENDA 





Completion of the current contract work at Herons Creek is in accordance with the 

approved budget. 

Funds are available for completion of the Beechwood scheme with construction due 

to commence early 2013. 

Further program review will be undertaken in view of expenditure projections and 

may be subject to refinement based on reassessment of financial capacity. 

Attachments 

Nil 


Page 149

AGENDA 





Subject: 

DESIGN, CONSTRUCTION AND MAINTENANCE OF TRANSPORT 

ASSETS 



5.1.2 Construct road and transport assets. 


That Council; 

1. Receive and note the Infrastructure Services Division’s commitment to 

ongoing transport service improvements as discussed in this report. 

2. Confirm their endorsement of the risk based approach to hazard 

identification, inspections, assessment and prioritisation of 

roads/transport assets maintenance based on the Statewide Mutual 

Best Practise Guidelines as adopted by Council under Administration on 

23 May 2012. 


Council resolved at the 10 th 

October 2012 ordinary meeting as follows; 

That a report be brought to the December 2012 Council meeting on the current 

practices for road design, maintenance and construction and the options available for 

improving road design and construction processes, especially through better 

consultation with industry. 

This report presents an overview of current practices, recent improvement initiatives 

and discusses opportunities for further improvements. 

The discussion covers transport assets rather than being limited to road assets to 

ensure all transport asset types such as bridges, cycle ways and traffic facilities is 

included. Council’s responsibilities under the Roads Act are not limited to only roads 

but also other transport infrastructure including footpaths, cycleways, kerb and gutter, 

road related drainage and bridges and culverts also comprise part of Council’s 

transport network and its responsibilities to maintain under the Roads Act. Council 

has 173 bridges across the LGA and over 1500 culverts located in road reserves, all 

of which are individually identified and maintained by Councils operational staff. 

The other transport assets within the LGA network including kerb and gutter, 

drainage footpaths, signs, vegetation maintenance, trees, open spaces within road 

reserves and medians and traffic islands are all also maintained by Council. 


Page 150

AGENDA 

Discussion 




The design, construction and maintenance of transport assets is essentially delivered 

by the Infrastructure Services Division within the following framework. 

Councils four (4) year delivery programme schedules Transport Assets to be 

delivered. Budgets are allocated in the annual operational plan for the first year of 

the delivery programme, which confirms Council’s commitment deliver a particular 

work or activity for each financial year. 

Design 

Engineering designs for transport assets is delivered by the Survey and Design unit 

located within Councils Technical Services Section. Delivery is reliant upon a 

combination of Council full time design staff and outsourcing to design consultants. 

Delivery of the 2012/13 design programme is approximately 40% by design staff and 

60% outsourcing. 

The current design process includes the following key steps; 

Design brief to confirm scope of works 

Engineering surveys 

Concept design and cost estimate 

Environmental Assessments 

Consultations (internal and external) 

Final Preliminary Designs and cost estimates 

Resource Estimates and budget reviews 

Final designs, environmental approvals and hand over for construction. 

1. 

The attached flowchart illustrates the current design process that forms part of the 

Unit’s quality management system. 

The principal objective for the Unit is to deliver cost effective and high quality designs 

on time. 


Page 151

AGENDA 




Design Costs 

The design brief created for each design includes a detailed scope of works signed 

off by the Section Manager and customer. The scope of works establishes the design 

outcomes expected within the available budgets, and is therefore critical in terms of 

ensuring cost effective design outcomes. Subsequent checks and resource 

estimating with budget reviews as required also provides for cost control. Industry 

wide design costs are generally in the range of 5% to 15% of construction costs with 

the greater the construction costs the lower the design cost percentages. Council’s 

Design Unit design costs consistently fall within this range. 

Design Quality 

The quality of designs is assured through the Design Unit’s quality controls. Design 

files are created for each design (including outsourced designs) ensuring all relevant 

documentation is held for future reference. Quality checks are documented, signed 

off and filed for future auditing as required. Attached is a copy of the Design Units 

quality checklist. Construction staff provide a “Project Report” post construction 

highlighting design omissions or suggested improvements. This information is taken 

forward by designers when preparing future designs. 

Design Standards 

The designer must certify as part of the quality checks that each design is compliant 

with the specified standards. Relevant standards are specified in the design brief and 

vary depending on the complexity of the design. Council has endorsed the “Aus- 

Spec” suite of specifications for the design and construction of public infrastructure 

assets. These specifications are industry endorsed as best practice for local 

governments by the Institute Public Works Engineering Australia (IPWEA) and are 

used by the majority of Councils throughout Australia. These specifications default to 

other national standards such as Austroads and Australian Standards for specialist 

design work (eg bridges and major structural work). Review of the Aus-Spec suite of 

specifications is ongoing with the last major review with Mid North Coast Councils 

completed during 2005. Another major review is planned to commence 2013. The 

review will be undertaken in consultation with public and private sector 

representatives to ensure the specifications incorporate industry accepted best 

practice. 

Design Delivery 

The Design Unit has struggled in recent years to deliver designs on time (ie suitably 

in advance of construction scheduling). Delays in design delivery has in part 

impacted on Councils ability to deliver works programmes as scheduled. The delivery 

of designs was reported to Council’s Executive during early 2012 which resulted in 

an additional financial allocation to advance the completion of designs scheduled for 

2013/14 and 2014/15. In addition to the financial allocation a review of the design unit 

has commenced with the aim of identifying and implementing process and 

performance management improvements. This initiative aligns with and is likely to 

be reinforced in the current organisational review assisted by the independent advice 

of LSI. 


Page 152

AGENDA 




Design Services Initiatives 

The Design Unit was “benchmarked” during 2005 with three (3) like Councils and 

three (3) design consultancies. The results showed Council’s Design Unit to be 

competitive and highlighted some potential areas for improvement. It is to be noted 

design staff have reduced from seven (7) to four (4) since 2005 which has limited the 

delivery capacity of the Unit. It is proposed during 2013 for design management to 

visit like Councils and design consultancies and undertake a fresh benchmarking 

exercise as part of the design unit overall review. 

As mentioned earlier in this discussion approximately 60% of designs are outsourced 

to private consultancies (local and regional). The outsourcing provides an opportunity 

to compare work processes, practices and costs with Council’s design unit. Current 

indications reveal private sector design consultants are operating under similar 

constraints to Councils design operations. Further detailed comparisons are 

proposed to draw conclusions at the end of this financial year when Council will have 

the benefit of the completion of the current outsourced design programme. 

Ongoing professional development of the design staff is supported by Council. 

IPWEA is the mainstream professional body which hosts a variety of forums and 

training programmes that develops local government engineers, including designers. 

Council’s design team attend regional meetings and scheduled training courses to 

keep abreast of industry best practice. The IPWEA forums also provide an 

opportunity to ‘network” with industry colleagues to share knowledge on their 

respective practices. The Section Manager was sponsored in 2010 by IPWEA to 

participate in a world study tour of Councils in the USA and UK with the specific 

objective of reporting on engineering best practices suitable for public works 

engineering in Australia. Council has the benefit of the knowledge and experience 

gained by the Manager of the Design Unit from this tour, which value adds to design 

processes and outcomes. 

The Section Manager is also a professional engineering representative on the 

IPWEAs (NSW) Road Directorate and Technical Committee. Best practice is a key 

vision for both these forums. The Manager regularly engages with Council design 

and construction staff on best practice initiatives derived through these forums. 

Construction and Maintenance 

What is a road? 

Council maintains various different areas we define as roads. A road is a formed 

structure within a road reserve, road reserve being the gazetted areas throughout the 

LGA area that are designated as either roads or Crown roads. Roads can vary 

significantly in structure from almost unformed tracks across rural blocks within road 

reserves to the formal and quite expensive and significant structures of Ocean Drive 

and the like which see 2 lanes in both directions of concrete pavements kerb and 

gutter, footpath, lighting, line marking, gardens and landscaped areas. Council’s road 

network comprises both sealed and unsealed roads. 

The Road Network 

Council’s road network comprises approximately 1370 roads over 1297 centre line 

kms. The sealed roads comprises 813 kms and the unsealed roads comprise the 


Page 153

AGENDA 




484km remaining. Council’s sealed road network services approx 34,000 residential 

properties and the unsealed road network services approx 1500 residential 

properties and businesses. 

Standards for Roads Construction and Maintenance 

There are various industry standards for roads construction and maintenance 

published by such organisations as Austroads Group, the Aust Roads Research 

Board and in the form of the Aus-Spec managed by the Institute of Public Works 

Engineers Australia. Council does have an adopted set of specifications for its roads 

from its high traffic sealed arterial roads through to its unsealed gravel roads in the 

form of the Aus-Spec suite of documents. The Aus-Spec documents provide specific 

details to which the development industry and Council conform in the construction 

and maintenance of roads and transport assets in PMHC area. The Aus-Spec is 

consistent suite of documents that is broadly implemented across the State for 

insuring some level of consistency between local government areas in roads 

maintenance and construction techniques and designs 

Why does Council maintain Roads? 

Council is delegated as all local Government organisations in NSW are as the Roads 

Authority for the local roads within their LGA. Council is required to exercise this 

delegation in delivering a safe and effective transport network to community of Port 

Macquarie Hastings. The Civil Liabilities Act also impacts on and requires Council to 

undertake its responsibilities in providing a safe and effective transport network to the 

community in an efficient and reasonable way and utilising reasonable resources. 

Other structures 

The maintenance that is undertaken by Council staff forms a significant part of the 

Council’s overall operational expenditure each year and is broadly broken into the 

following areas for reporting and also for budget allocations. The areas comprise: 

1) Sealed road maintenance including jet patching pothole repairs inspections 

and street sweeping. 

2) Unsealed maintenance comprising maintenance grading, gravel re-sheeting 

and unsealed roads gravel potholing. 

3) Sealed road repairs which comprising heavy patching, footpath repairs kerb 

and gutter repairs and also council’s resealing allocations. 

4) Roadside vegetation maintenance including roadside slashing, outreach 

mowing, vegetation control by hand such as mowing and trimming and also 

vegetation control via chemicals including Council’s roadside weed spraying 

roads team. 

5) Council’s roadside furnishings which includes signs, line marking, graffiti 

removal, barriers, fences, bus stops and other roadside furnishings. 

6) Council’s roadside drainage maintenance which includes drainage structures, 

lines, pits pipes open drains and some culverts and the 

7) Council’s bridges and culverts 

Roads hierarchy 

The 1400 approx roads in the LGA are arranged in priority order within the Council 

sealed and unsealed roads maintenance hierarchy. The roads hierarchy ranks every 


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one of the roads from the top 10 to the top 140 in individual order and then 

categorises the remaining roads as either through roads or no through roads beyond 

the top 140. The ranking of the roads is indentified based on traffic volumes, speed 

limits, proximity to town centres, regional significance, bus routes, proximity to 

schools, safety of the alignment and the pedestrian and CBD considerations also. 

The roads hierarchy is an adopted list and decision of the Council and forms a very 

important part of the prioritisation and inspections process utilised by Council to 

confirm which roads maintenance tasks are undertaken first and in what order those 

works are undertaken. Refer to Council Meeting of 23 May 2012 (as part of the 

Statewide Mutual Best Practice Guidelines for Roads). 

Customer request management 

Council’s roads section receives a large number of customer requests on a daily 

basis. It is not uncommon to receive greater than 40 individual requests on a given 

day on roads related issues and Council’s process in dealing with these customer 

requests is integral to its customer service function in the broader context. Council 

has adopted the Statewide Mutual Best Practice Guidelines for roads maintenance 

as the basis for its prioritisation and works allocation in roads maintenance. 

Statewide Mutual is Council’s public liability insurer and also it insures the majority of 

Councils across NSW. The Statewide Mutual Best Practice Guidelines requires 

Council to have a roads hierarchy and also to have a formal inspection and 

prioritisation process that allows the most critical and high risk works to be 

undertaken ahead of all other works. In general terms the system prioritises all works 

based on risk and public safety and does not weight the quantum or number of 

customer request for a given issue at all and as such is not prone to being influenced 

by squeaky wheels. The system deals with each customer request issue on its own 

merits and based on risk and public safety. The inspection process put simply 

commences when a customer indicates to Council that they have an issue that they 

would like Council to have a look at or investigate. A simple letter is returned to the 

customer once that inspection has taken place and that letter contains information 

regarding the inspection. The inspection is undertaken by Council’s roads and 

transport asset inspections officer. That inspection ranks and assesses the likelihood 

and consequence of the hazard and gives it a risk score from 1 to 20. There is then a 

corresponding matrix of service levels depending on what the risk score is with high 

risk scores having a very short period of time for service standard in some case as 

low as 4 hours for make safe repair on an item e.g. A major trip in a footpath that 

has been identified or a very significant pavement defect that is causing motorists a 

significant hazard through to a 6 months and beyond as a services standard for lower 

priority works that do not pose more that perhaps a nuisance or inconvenience to a 

very minor number of ratepayers. The roads hierarchy is integrally included in the 

customer request management process and as such ensures that the works 

undertaken as high priorities are always in the benefit of the majority of the maximum 

number of ratepayers as opposed to being prone to squeaky wheel management. 

Failure modes of roads 

Put simply roads worst enemy is water, whether that is water that is coming through 

the seal of a road or its water effecting an unsealed road or it is water coming up 

from underneath in a water logged context beneath the road. Water causes roads to 

fail more quickly and keeping water out of road pavements is the fundamental 

challenge in maintaining and providing an effective road network. Many community 

members will be familiar from their casual observation with the failure of road from 


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potholing, however potholing is not the first signs of a pavement in fatigue and a 

pavement under stress. Closer examination of many roads identifies significant 

cracking whether that be longitudinal cracking or smaller cracking all of which allows 

water to pass through the seal and enter the gravels and bases of the road and 

compromising either quickly or slowly over the days and weeks that follow. As water 

enters a road pavement the stones on the surface can be made loose and plucked 

out forming a small hole which quickly develops into a larger pothole which many 

community members will be familiar with. Other common failures seen in the roads of 

Port Macquarie and moreover roads in general is shoving or rutting. This is where the 

pavement deforms downwards and causes what appears to be a long and thin rut in 

the wheel path of the travel lane. Left untreated this can also lead to potholing but 

also tends to push up material outside of the wheel paths and can be seen on many 

of our high traffic roads after rain where significant lumps for want of a better term, 

are formed on and around generally the outside fog line which is outside of the wheel 

path where gravel materials from the pavement are pushed down and then 

depressed outwards causing those significant failures. There are a number of options 

for treating road failures and the most simple being pothole patching through to quite 

expensive and elaborate road rehabilitation and road reconstruction options for 

pavements that have a significantly gone past their effective lives. 

Potholing treatments and options 

Many community members provide Council specific comment, feedback and 

complaints in regard to Council’s methods of repairing and treating potholes. There 

are a number of options available to Council in any day for the treatment of potholes 

all of which have both advantages and disadvantages. One of the main constraints 

that drives Council towards the treatment of potholes in the way that it does at the 

moment is the responsibility under the Civil Liabilities and Roads Act in that Council 

does have an obligation to make safe and provide a road network that minimises the 

chance of accidents and as such reduces and removes hazards as they are identified 

and assessed. This is made particularly difficult in wet conditions which is often 

coincidence with the maximum number of pavement defects being experienced, 

however in simple terms when it is raining there is very little that can be done to 

effectively treat a pothole other than shovel by hand hot mix or other hot mix 

substitutes whether they be cold mix or retarded hot mix products into the holes. 

Often this is done when the holes are wet and is done in the full knowledge that the 

road repair could and probably would most likely go on to fail again but is undertaken 

in consideration of Council’s responsibilities under the Civil Liabilities Act to ensure 

that that pavement is made safe and trafficable as quickly and continuously as 

possible given the available conditions. In conditions immediately following the 

weather where there are many potholes apparent across the LGA the hot mixing or 

what we call tar patching is a quick and effective method of dealing with potholes. 

This process involves removing the loose material from the hole with a broom and 

then applying the hot mix by hand to the hole. In larger cases wheel rolling the 

shovelled hot mix into the hole gives it some compaction or in high traffic locations 

this is left to the traffic within a matter of minutes generally have the potholes rolled 

into a compacted state. Currently the preferred option of pothole treatment is the 

utilisation of the jet patching machine. Council has 2 jet patching machines which 

carry emulsion and a fine aggregate of approx 5mm. The emulsion which is a mixture 

of bitumen and water is heated and applied to the road via a snorkel to the rear or the 

front of the truck. Within the snorkel gravel is also introduced and the mix of emulsion 

and gravel is sprayed into the pothole area and the quantity of material sprayed 


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allows the pothole to be filled and then a sealed around the existing area as to also 

better water proof the area and in an attempt to avoid further potholes. 

The jetpatching method of pothole patching is advantageous over the traditional tar 

patching process involving hot mixes or cold mixes but does take significantly more 

time, plant and materials and also generally requires more elaborate traffic control 

given the time required for the jetpatching vehicle to be on or in front of the pothole 

while the pavement repair is undertaken. It is a compromise for Council dealing with 

significant quantities of potholes across the network to effectively treat the significant 

hazards in accordance with our prioritised works list while also attempting to ensure 

that re-work is minimised by seeing the jet patchers undertake the maximum number 

of pothole repairs particularly on high traffic roads where failures lead to increased 

hazards and also tend to be more apparent more quickly if effective repairs are not 

implemented. 

Proactive versus reactive maintenance and repairs 

Of the approx $9.7m in the 12/13 operational budgets for roads maintenance approx 

$6m of this is undertaken in reactive maintenance, that being maintenance that is in 

response to directly customer requests or inspections. The remaining $3.7m is 

proactive maintenance made up in majority of the $2.3m roads resealing program 

which is in part funded by the recently implemented special rate variation for the 

PMHC. It is advantageous to have proactive maintenance undertaken to a greater 

extent than reactive maintenance and it is true that as proactive maintenance is 

effectively and efficiently implemented the need for reactive maintenance diminishes 

quite quickly. There are efficiencies in undertaking proactive maintenance in 

comparison to reactive maintenance as the planning and economies of scale related 

to doing larger scale preventative and proactive programs offers a significant 

advantage over the ad hoc nature of undertaking reactive maintenance across the 

network. Unfortunately the current condition of the network requires that reactive 

maintenance is still a very significant part of the roads maintenance approach given 

that the deteriorated condition of the entire network is such that significant 

rehabilitation and reconstructions are required to bring many of the roads in the 

network back to a standard to which simple preventative maintenance would 

maintain their life and effectiveness into the future. Unfortunately the proportion of 

roads in the LGA that are still in a condition that would support having routine 

maintenance in the form of resealing undertaken to prolong their lives is now a 

minority of roads within the hierarchy. 

Backlogs in customer requests 

Customer request system individually logs each customers correspondence with 

Council and further includes Council’s inspections details and then when the works 

have either been conducted or programmed to be conducted. As the current status of 

October 2012 Council’s sealed roads maintenance comprising potholing and 

sweeping, shoulder grading and jet patching is broadly meeting the customer’s 

expectations in regards to customer requests. There is a very small backlog of 

customer requests for potholes, and generally these requests are treated within the 

service standards set out in the Statewide Mutual Best Practice Guidelines. 

Unfortunately the larger more expensive and more detailed repairs including some 

footpath repairs and a large number of drainage repairs and heavy patching repairs 

do have a backlog of customer requests and at the current time approximately 30% 

only of the customer requests received for heavy patching and drainage maintenance 


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that are not urgent or critical are being placed in the backlog and are not expected to 

be able to attended to with the current resources. This is a very significant issue for 

council and one which would command the attention and investigation of the new 

Council. It is specifically the case that 2 out of 3 customers that request a repair to a 

road that requires a heavy patch lets say will not have their heavy patch undertaken 

with the current resources unless it is a critical high priority. That is to say that if a 

heavy patch is needed on anything outside of the top 140 roads the likelihood of that 

heavy patch being undertaken unless it is a make safe repair is very low. This means 

that there is significant number of customers who’s requests in the system are not 

being attended to and as such these customers would not be reporting favourably on 

the performance of the council. 

Resealing 

Road resealing and in particular bitumen resealing as mentioned previously is a 

preventive maintenance activity. Road resealing was the topic of a council report to 

the August 2012 Council meeting where the 2012/13 bitumen resealing program was 

adopted by the former administrator Mr Neil Porter. This Council report goes to some 

length in detailing the benefits and disadvantages associated with bitumen resealing 

and also specifically identifies the bitumen resealing works planned to be undertaken 

in the current year. Bitumen resealing as previously mentioned is the most cost 

effective maintenance technique for sealed road maintenance however does not 

increase the capacity or structural integrity of a road and in the case of many roads in 

Port Macquarie Hastings area the fundamental structure of the road is in inadequate 

to deal with the increasing traffic volumes and traffic weights and as such resealing 

alone will not be the panacea for the deterioration currently evident in the PMH road 

network. 

Options 

Options for the improved delivery of transport designs, construction and maintenance 

have been considered recently as part of the organisational review assisted by 

independent consultants LSI. It is not appropriate at this stage to report on these 

options until Council and the Executive have considered LSI’s final report and 

recommendations. 


The delivery of transport design, construction and maintenance services has been 

consulted with Infrastructure Services Director, Group Manager Infrastructure 

Operations and Group Manager Technical Services. Consultations on “best 

practices” are ongoing with industry representatives and via professional 

development programmes offered by engineering professional bodies such as 

IPWEA. 


Councils planning for delivery and maintenance of transport infrastructure is 

documented in the Community Strategic Plan 2030 – Operational Plan and four (4) 

year delivery programme. Delivery of the services as planned is highly dependent on 

the processes and practices of staff involved. Lack of process, inadequate standards 

and poor practice all combine to undermine service delivery. It is considered 

Infrastructure Services currently have in place appropriate processes, standards and 


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practices for delivery of design, construction and maintenance services. 

Opportunities for improvements are recognised and will be pursued as part of the 

initiatives discussed in this report. 


Asset Value 

Council’s roads and transport assets value is in the order of $900m. The backlog in 

maintenance based on the condition data of March 2012 when a full network of 

condition laser survey was undertaken by Council is estimated currently at $176m. 

This figure is increasing annually and as can be seen in the attached graph which 

identifies and categorises the roads of the Port Macquarie Hastings over the previous 

12 years being the 4 condition surveys that has been undertaken. As can be seen 

the proportion of roads remaining in an excellent condition is deteriorating 

continuously and the percentage of roads in a fair condition is increasing and the 

amount of roads in a poor condition was increasing up until 2012 and has made a 

slight decrease albeit at the expense of more roads in the fair group in the current 

year. 

Funding of Designs 

Design operational budgets for 2012/13 amount to $1.32m with the main expenditure 

budgets as follows; 

Future Designs (ie designs for years 2 & 3 of the 4 year delivery Programme) 

$745,300. 

Design staff salaries and sundry expenses $574,700 

Funding of Construction 

Transport Infrastructure capital (construction) budgets for 2012/13 amounts to $7.6 

million and have a number of funding sources including general revenue, grants and 

development contributions. Funding of capital works has progressively reduced in 

recent years due to revenue transfers to core road maintenance activities and low 

growth in land developments resulting in declining developer contribution income. 

Funding of Roads Maintenance 

Council’s road maintenance operations budget for 12/13 amounts to $9.7m. These 

operations have a number of funding sources including revenue from rates, federal 

funding in the form of the federal assistance or FAG grants, State Government 

funding through the roads and maritime services block grant for Regional roads 

maintenance and also for the repair program grants which comprise specific roads 

rehabilitations that are in part funded by the RMS. Council also draws on special rate 

variation quarantine funds to undertake road maintenance also. Council’s roads 

maintenance operations is as previously discussed broken into 7 specific areas with 

each specific area reported on individually with regards to customer requests and 

also individually budgeted and financially allocated each year. The annual operating 

budgets by category are as follows: 

Sealed road maintenance $2.0m per annum 

Unsealed Road maintenance $2.1m per annum 

Sealed road repairs $3.4m per annum 

Roadside vegetation management $510k per annum 


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Roadside furnishings $700k per annum 

Roads drainage $560k per annum 

Bridges and culverts $500k per annum 

Special Rate Variation 

Council’s special rate variation request to IPART in 2011/12 for the 12/13 year was 

successful and confirmed an additional approximately $2m per annum for sealed 

road maintenance. This is on top of the $1.9m in previously approved SRV being the 

7.36%. These two additional revenues streams to roads maintenance form a very 

important part of Council preventative maintenance programs at the moment and as 

previously mentioned fund in total the sealed roads resealing program being the 

major preventative portion of the sealed road network maintenance regime. The SRV 

was also being in part allocated to increase Council’s unsealed roads maintenance 

allocations. The 7.36% facilitated a third continuous maintenance grading crew 

across the unsealed road network and an additional $500k of the recently approved 

SRV for 12/13 is being allocated to ensure that a 4 th maintenance grading crew is 

utilised continuously across the unsealed road network as well. With some 5 months 

now past since the 4 th grader has been continuously utilised and with a significant 

spell of very favourable weather since the start of July 2012 the unsealed network is 

currently receiving a level of services in regards to maintenance grading close to that 

which would see each road within the network graded once every 12 months and the 

high traffic roads being the 18 roads in the 6 monthly grading program graded at 

least twice during the financial year. 

Attachments 

1. Design Process Flowchart 

2. Design Quality Specification and Checklist 


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Subject: 

PROPOSED DELEGATIONS UNDER SECTION 59 OF THE 

ENVIRONMENTAL PLANNING & ASSESSMENT ACT 1979. 



5.4.1 Plan settlements to accommodate a range of compatible land uses and 




1. Write to the NSW Department of Planning & Infrastructure to confirm 

acceptance of the delegations pursuant to Section 59 of the 

Environmental Planning & Assessment Act, 1979. 

2. Pursuant to Section 377 of the Local Government Act 1993, delegate its 

functions pursuant to Section 59 of the Environmental Planning & 

Assessment Act, 1979 to the General Manager. 


The NSW Minister for Planning & Infrastructure, the Hon Brad Hazzard, has 

delegated functions to NSW councils for making local environmental plans pursuant 

to Section 59 of the Environmental Planning & Assessment Act, 1979. The 

delegations relate to the administration of minor LEP amendments following Gateway 

approval from the Department of Planning & Infrastructure. 

In order for the delegations to take effect, Council must formally accept the 

delegations as described in the following report. Council’s General Manager has 

already responded to confirm that Council will accept the delegations, in order to 

meet a deadline for responses imposed by the Department of Planning & 

Infrastructure (DP&I). 

The purpose of this report is to provide information to Council in relation to the new 

delegations and to enable the General Manager to confirm the earlier advice to the 

DP&I. 

Discussion 

Council has received correspondence from the NSW Department of Planning & 

Infrastructure (DP&I) in relation to proposed delegations under Section 59 of the 

Environmental Planning & Assessment Act, 1979 for the making of Local 

Environmental Plans (LEPs). The delegations will operate in respect of draft LEPs 

for local matters where Council receives an authorisation following a Gateway 

determination from the DP&I. 


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The Gateway Panel of the DP&I operates to ensure that planning proposals are 

supported by the appropriate support information and that appropriate consultation 

processes occur, having regard to the nature of the proposal. 

Under the new delegations, councils will be fully empowered to complete the plan 

making process for some LEPs, which will be mostly of a minor nature. The key 

difference is that once an amendment has Gateway approval and Council is granted 

delegated power to administer the amendment, Council will be able to work directly 

with Parliamentary Counsel to determine the wording or mapping changes, without 

having to refer back to the Department for approval. 

Delegations will be routinely issued for the following types of LEPs: 

Mapping alterations 

Section 73A matters (e.g. amending references to documents/agencies, 

minor errors and anomalies) 

Reclassifications of land 

Heritage LEPs related to specific local heritage items supported by an Office 

of Environment & Heritage endorsed study 

Spot rezoning consistent with an endorsed strategy and/or surrounding 

zones, and 

Other matters of local significance as determined by the Gateway. 

The NSW Local Government & Shires Association (Jennifer Dennis 01-11-2012) has 

commented that these changes will marginally improve administrative practice, rather 

than shifting real decision making powers to Council. While the changes are being 

presented as a method of returning ‘planning powers” back to councils, in reality they 

appear to be very superficial. 

Council has previously supported the transfer of LEP administrative powers to 

councils in submissions to the DP&I. The delegations are therefore a welcome step 

towards greater autonomy, even though the scope of the changes is limited to minor 

matters. 

The Minister for Planning & Infrastructure, The Hon Brad Hazzard, has sought advice 

from NSW councils as to whether they wish to accept the delegations, including 

details of the officers or employees of Council who will be granted the proposed 

delegation. The cut off for receipt of this advice was 30 November 2012. 

Council’s General Manager has written to the DP&I to advise that it is the intention 

for Port Macquarie-Hastings Council to accept the delegation of the Minister’s 

functions under section 59 for the making of LEPs. The correspondence, states that: 

“It is also intended that the Council delegate these functions to the following staff: 

General Manager, Mr Tony Hayward 

Director of Development & Environmental Services, Mr Matthew Rogers 

Please note that confirmation of Council’s formal position on this matter will be 

provided after the Ordinary Council meeting scheduled for 12 December 2012.” 


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As recommended in this report, it is proposed that the General Manager write to the 

DP&I to confirm the earlier advice dated 7 November 2012 to the DP&I in relation to 

the delegations. 

Options 

Council could opt to not accept the delegations and advise the DP&I accordingly. 


Council has not undertaken any consultation on this matter. It is important to note, 

however, that the proposed acceptance of delegations does not alter the normal 

requirements for Council to consult in relation to proposed LEP amendments. 


The acceptance of the proposed delegations is otherwise expected to result in 

improved administrative efficiency for minor LEP amendments and it is not expected 

that the changes will alter the outcomes of the LEP process. 

The types of LEP listed by the Department for routine delegation to councils include 

reclassifications, which include potential changes from a “community” classification to 

an “operational” classification. It is normal practice that LEP amendments are 

reported to Council prior to referral to the DP&I Gateway and following exhibition. 


Fees for LEP amendments will continue to be charged in accordance with Council’s 

adopted fees and charges. There are therefore no significant financial or economic 

implications arising from the proposed delegations. 

Attachments 

1. Minister Correspondence - Delegations for LEP 


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AGENDA 





Subject: 

LAKE ROAD INTERIM TRAFFIC IMPROVEMENTS 



5.2.1 Plan and implement traffic and road safety programs and activities. 


That Council defer the Lake Road interim traffic improvements discussed in 

this report until the determination of Councils application for Lake Road 

improvements under the Federal Black Spot Program 2012/13. 


Investigations into options to improve traffic conditions in Lake Road have been 

carried out during 2012. Council has not been in a position to fund the planned major 

upgrades of Lake Road primarily due to funding limitations and other road 

improvement priorities. 

Lake Road traffic is increasing generally in line with population growth ( ie 1.5% p.a.) 

with a relative increase in the risk of accidents. Traffic conditions observed during 

2012 reveal the worst traffic conditions between Central and Blackbutt Roads and 

between Jindalee and Fernhill Roads. 

This report discusses options traffic improvements worthy of implementation until the 

major upgrades are implemented. 

Discussion 

Background 

Lake Road carries as a major road significant traffic volumes brought about by a 

combination of the growth of the Port Macquarie Industrial area and through traffic 

growth between the Oxley Highway and Ocean Drive. 

Lake Road has been the subject of numerous traffic investigations which has 

resulted in two key resolutions of Council as follows; 

Council resolved in January 2005; 

1. That Council endorse for future planning and detailed design work the concept 

design for the upgrading of Lake Road between Ocean Drive and the Oxley Highway 

as presented in this report and to contain the following key elements: 


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a) Dual carriageway with median island separation, kerbside parking lanes and on 

road cycleway. 

b) Left in/out only intersection treatments at The Carriageway, Toorak Court, Acacia 

Avenue & Chestnut Road. 

c) Traffic & pedestrian signalisation at Jindalee Road. 

d) Two lane roundabouts at Fernhill Road, Blackbutt Road. 

e) Left in/out & right in/out intersection treatment at Barton Crescent. 

f) Property acquisitions. 

g) Utility service adjustments. 

2. That the Concept Plan be placed on exhibition for public comment the outcomes 

of which be further reported to Council. 

3. That the adjoining property owners be advised in writing in relation to the 

upgrading scheme and be invited to make written submissions as part of the 

exhibition. 

4. That the upgrading scheme for Lake Road be incorporated as part of Council's 

2005/06 Management Plan by scheduling of key pre-construction and construction 

activities, such as: 

a) Environmental investigations and approvals 

b) Property acquisitions 

c) Detailed designs & contract documentation 

d) Utility & property adjustments 

e) Construction staging. 

5. That Council investigate options to complete the four (4) lanes between Jindalee 

Road and Central Road before the end of 2005. 

Specialist traffic advice was sought from SMEC Australia Pty Ltd to assist 

development of the upgrade strategy endorsed by Council. Unfortunately other 

transport infrastructure priorities has resulted in the above activities being deferred. 

Council resolved in May 2008; 

1. The Upgrade of Lake Road be the preferred option to cater for the east/west 

movement of traffic between Ocean Drive and the Oxley Highway. 

2. A detailed concept design and strategy for the upgrade of the Lake Road corridor 

be further reported to Council during 2009, including opportunities for rezoning of 

adjoining lands, improved parking, staging and a funding plan. 

3. NS link 3C be the preferred link to cater for longer term north/south traffic 

movements between Area 13 and Hastings River Drive via the Airport precinct and 

that the final alignment be reviewed and further reported to Council as part of Area 

13 and Airport Precinct land use planning. 

4. NS link 4A be deleted from further consideration due to the marginal economic 

impacts of developing this route and the high environmental impacts that would need 

to be ameliorated. 


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5. Clifton Drive, Widderson Street and Finlay Avenue continue to operate as local 

collector roads and traffic conditions within these roads be monitored to determine 

necessary upgrades to be further considered for inclusion in Council's Transport 

Infrastructure Improvement Programme. 

Interim Options 

Funding of the planned upgrades for Lake Road is a significant challenge for Council, 

particularly when considered in light of other major roads needed to be upgraded. 

The ultimate upgrading of Lake Road, Ocean Drive to the Oxley Highway is 

estimated to cost in the vicinity of $20 to $25 million. Due to funding constraints the 

works would need to be staged generally as follows; 

Stage 1 

Stage 2 

Stage 3 

Stage 4 

Stage 5 

Stage 6 

Stage 7 

Planning approvals and detailed designs 

Property acquisitions and utility adjustments 

Blackbutt Road to Central Road 

Jindalee Road to Fernhill Road 

Fernhill Road to Oxley Highway 

Jindalee Road to Blackbutt Road 

Central Road to Ocean Drive 

Infrastructure staff recognise funding of the ultimate works is unlikely to be provided 

in the short term and accordingly have examined cost effective options for interim 

improvements. Traffic lane capacity has been increased between Central and 

Jindalee Road with the opening of the kerbside parking lanes to through traffic during 

business hours. 

Traffic conditions observed during 2012 reveal the worst traffic conditions between 

Central and Blackbutt Roads and between Jindalee and Fernhill Roads. Blackbutt to 

Central Roads is recognised as a high priority due to the limited through lane 

capacity and the limitations on traffic entering and exiting Acacia Ave and Chestnut 

Road. An interim option (copy attached) considered to provide traffic safety and 

efficiency improvements has recently been consulted with affected property owners 

and PM Chamber representatives. The interim option propose to eliminate right turn 

entry and exit movements at the Acacia Avenue and Chestnut Road intersections 

with the view of reducing vehicular conflicts. These intersections have a history of 

rear end accidents and a number of near misses. 

Funding assistance under the Federal Blackspot Program has been sought with the 

initial applications being unsuccessful. A fresh application was submitted during 

August 2012 for improvements between Chestnut Road and Blackbutt Road, 

including a mountable a roundabout at the Blackbutt Road intersection ( copy 

attached). The results of this application is expected by January 2013. 

Options 

Council has the option to endorse the recommendation of this report, proceed with 

the interim works as proposed for the intersections of Acacia Avenue and Chestnut 

Road, or do nothing. 

The option of modifying the interim works to permit left turns out only at Acacia 

Avenue and Chestnut Road is also available to Council. 


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AGENDA 




Given the results of Council’s Blackspot application is expected within the next 6 to 8 

weeks it is considered deferral of all options until this outcome is known is the best 

option at this stage. 


Business owners and tenants have been consulted on the proposed interim works. 

Port Macquarie Chamber of Commerce (Industrial Area sub committee) have also 

been consulted. Thirty Eight (38) written submissions have been received with the 

majority (33) objecting to the proposal mainly on the grounds of negative business 

impacts. Copies of the submissions and summary sheet are attached. 


The recommendation of this report has no planning and policy implications for 



The planned upgrades of Lake Road estimated to cost in the vicinity of $20m have 

significant financial implications for Council. Interim works that are affordable and 

provide appropriate safety improvements will need to be pursued in the short term. 

The Blackspot application improvement works are estimated to cost $1.2m. The 

interim improvements at the Acacia Avenue and Chestnut Road intersections is 

estimated to cost $55,000 to be funded from infrastructure operational budgets. 

Attachments 

1. Interim Traffic Improvements Acacia Ave and Chestnut Road 

2. Blackspot Application Design Blackbutt Road Intersection 

3. Interim Works Public Submissions summary 

4. Interim Works Public Submissions 


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AGENDA 





Subject: 

REZONING OF LAND AT DUNBOGAN FROM ZONE E2 

ENVIRONMENTAL CONSERVATION TO ZONE E3 ENVIRONMENTAL 

MANAGEMENT (PIN 03468, 03469, 03470, 21855, 26603, 40332) 



5.4.3 Review planning framework for decisions regarding land use and development. 



1. Prepare a draft planning proposal in relation to the following lots at 

Dunbogan, to change that part of the lots which is zoned E2 

Environmental Conservation to E3 Environmental Management, 

consistent with section 55 of the Environmental Planning and 

Assessment Act, 1979: 

Lot 6 DP 734429 

Lot 7 DP 734429 

Lot 8 DP 734429 

Lot 21 DP 835388 

Lot 1 DP 270065 

Lot 1 DP 1055417 

2. Forward the draft Planning Proposal to the Department of Planning and 

Infrastructure for a Gateway Determination consistent with Section 56 of 

the Environmental Planning and Assessment Act, 1979. 


The purpose of this report is to advise in relation to preliminary planning 

investigations to rezone privately owned land at Dunbogan from E2 Environmental 

conservation to zone E3 Environmental Management. 

Council endorsement is sought to prepare and forward a planning proposal to the 

Department of Planning and Infrastructure seeking a Gateway Determination 

pursuant to section 56 of the Environmental Planning and Assessment Act, 1979 to 

amend the zone map series for E2 zoned areas for the nominated properties. 

The properties in question have been assessed as having had a higher level of 

environmental protection zoning applied during transition to the new LEP than is 

appropriate for privately owned land or than is consistent with the application of 

environmental protection zoning of other private land in the area. 

The proposed amendment is consistent with recent planning by Council in relation to 

application of environment protection zones. 


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Discussion 

In September 2010, Council endorsed submission of the final draft of the Port 

Macquarie-Hastings LEP (PMH LEP 2011) based on the NSW Government’s 

Standard Template for LEPs to the NSW Department of Planning and Infrastructure 

for finalisation. 

The LEP was largely a conversion document rationalising existing planning policy 

into a new format prescribed by the state government. It was not intended to facilitate 

significant land use change in the new LEP and while Council staff sought to ensure 

that the new LEP best reflected local circumstances, the process has inevitably 

resulted in some inconsistent changes to planning provisions. 

In relation to the land in question at Dunbogan, the result of the new LEP was a 

change in zone from 7(f1) Environmental protection – Coastal under Hastings LEP 

2001 to zone E2 Environmental Conservation under Port Macquarie-Hastings Local 

Environmental Plan 2011 as this was considered to be the most comparable of the 

new zones available. 

Discussion 

Following recent submissions from a number of landowners at Dunbogan querying 

an apparent disparity in the application of environmental protection zones between 

privately owned land off Prince of Wales Drive and land in the vicinity of Seaview 

Avenue, Council's strategic land use planning staff have reviewed the circumstances 

and LEP provisions applying to properties in the area. 

As a result of this review and more recent directions from the NSW Department of 

Planning, it is apparent that zone E2 Environmental conservation is generally not 

appropriate for privately owned land. As a result, it is recommended that Council 

prepare a planning proposal to apply zone E3 Environmental Management to the 

affected land in place of the current zone E2 Environmental Conservation, as part of 

the ongoing review of the new LEP. 

Options 

Council could opt to not prepare a planning proposal in relation to the affected sites 

at Dunbogan. 


There has been preliminary internal consultation in relation to preparation of a 

planning proposal for affected sites. 

Should Council resolve to prepare a planning proposal to amend the zone maps in 

relation to the nominated properties under the Gateway process, further consultation 

would occur with affected land owners. 

Subject to a Gateway Determination, consultation would occur with relevant state 

agencies. 


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AGENDA 





The proposal is consistent with current planning best practice in the use of 

Environment Protection Zones. A resolution of Council is required to prepare a 

planning proposal to amend the Port Macquarie-Hastings Local Environmental Plan 

2011 to amend the land zoning map sheets for identified sites. The amendment is 

considered reasonable to ensure consistency in application of environment protection 

zones in the locality. 


The preparation of a planning proposal in the manner outlined in the report is able to 

be undertaken by Council’s Strategic Planning section in consultation with other 

divisions of Council and can be funded as ancillary task within Council’s Strategic 

Planning Program. 

Attachments 

Nil 


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AGENDA 





Subject: 

SETTLEMENT CITY PRECINCT - DRAFT DEVELOPMENT CONTROL 

PLAN, DRAFT SECTION 94 CONTRIBUTIONS PLAN AND KMART 

PLANNING PROPOSAL 







1. Endorse for public exhibition the revisions to draft Settlement City 

Precinct development control provisions, as described in this report. 

2. Prepare and exhibit an amended draft Section 94 Settlement City 

Precinct Roads Contribution Plan, as described in this report. 

3. Negotiate and exhibit a Voluntary Planning Agreement, as described in 

this report. 

4. Prepare a Planning Proposal, as described in this report, pursuant to s55 

of the Environmental Planning & Assessment Act 1979, subject to 

satisfactory resolution of item no 3 above, to: 

a) Amend the Height of Building and Floor Space Ratio maps applying 

to Lot 2 DP 1163062, Warlters and Park Streets, Port Macquarie (the 

Kmart site),; 

b) Amend the Height of Building map applying to Lot 3 DP 263340 (St 

Josephs Primary School) and Lot 1 DP 1163062 (adjoining Councilowned 

land), Warlters and Bay Streets, Port Macquarie; and 

c) Incorporate Design Excellence Provisions for land zoned B3 

Commercial Core and SP2 Tourist in the Settlement City Precinct. 

5. Forward the Planning Proposal to the Minister for Planning & 

Infrastructure to obtain a Gateway Determination pursuant to s56 of the 

Environmental Planning & Assessment Act 1979. 

6. Advise all persons who have previously made submissions and who 

own land adjoining the Settlement City Precinct regarding the exhibition 

of the revised draft documents in items 1 to 4 above. 


The purpose of this report is to consider the submissions made in response to the 

public exhibition of a draft amendment to Port Macquarie-Hastings Development 

Control Plan (PMHDCP) 2006 and draft Section 94 Contributions Plan relating to the 

Settlement City Precinct, including an assessment of the merit of a Kmart proposal. 


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Nine (9) submissions were received during exhibition and following review of the 

issues raised, it is proposed that Council re-exhibit a revised draft DCP and Section 

94 Plan, having regard to the scope of change proposed. 

It is also proposed that Council initiate a Planning Proposal, subject to satisfactory 

Planning Agreement negotiations, to amend Port Macquarie-Hastings Local 

Environmental Plan (PMHLEP) 2011 with regard to a proposal from Kmart and that 

Council undertake further consultation with Sails Resort regarding their request for 

40% permanent residential use as an amendment to the LEP. 

The main changes proposed to the draft exhibited DCP are as follows: 

 

 

 

 

 

 

 

 

 

 

 

Deletion of public art provisions. 

Deletion of provisions allowing the consideration of the development of a 

corresponding land area on Westport Park immediately adjoining the marina 

for establishment of the Foreshore Plaza. 

Relocation of the new “Main Street” to the east and revision of street crosssection 

to provide for a reduced 19m minimum width. 

Reduction to size of Town Square; relocation to the western side of the New 

Main Street/Park Street intersection; and promotion of staged expansion in 

the longer-term. 

Identification of secondary pedestrian links including provision for flexibility in 

their location and guidance on quality of these links. 

Revision to activation requirements to specify: 

- primary activation along the new “Main Street”, frontage to Park Street and 

street corners; 

- primary activation of frontages along Warlters Street at corner intersections 

with Park Street, “Main Street” and Bay Street; 

- secondary activation of frontages along the remainder of Warlters Street; 

and 

- commercial/retail uses to sleeve the ground floor of future decked car 

parking. 

Revision to Warlters Street cross-section to provide for a reduced 27m 

minimum width reserve. 

Deletion of boulevard design for Park Street. 

Deletion of designated view corridor to the east of the new “Main Street” and 

promotion of pedestrian permeability and connectivity to the foreshore in lieu 

of nominating as a specific view corridor. 

Requirement for 2.5m upper level setback for buildings adjoining the new 

“Main Street” and Town Square. 

Deletion of felled trees from figure showing mapped koala food trees on the 

St Joseph’s Primary School site. 

As noted in this report, further review work is being undertaken to prepare revisions 

to the draft Section 94 Plan for re-exhibition. 

Subject to satisfactory negotiation of a Planning Agreement with Council, the 

proposed amendments to PMHLEP 2011 involve: 

 

Revisions to the Height of Building map applying to the Kmart site to allow for 

a 4-storey (16m) height limit across the site, with the exception of the 

landmark corner which will retain the existing 5-story (17.5m) height. 


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Revisions to the Floor Space Ratio (FSR) map applying to the Kmart site to 

allow a FSR of 2:1 where the site corresponds to the proposed 4-storey (16m) 

height limit. 

Inclusion of Design Excellence provisions in the LEP text applying to all B3 

Core Commercial and SP2 Tourist zoned land in the Precinct. 

A separate report will be presented to Council in February 2012 if a draft Planning 

Agreement has not been finalised at that time. 

Discussion 

The Settlement City Precinct forms part of the Greater Port Macquarie Central 

Business District and is recognised as a key area for longer-term growth of the 

Greater Port Macquarie CBD. 

At the time that Council resolved to progress a draft plan to rezone the Warlters 

Street Catholic Schools site to B3 Commercial Core (Aug 2010), Council also 

resolved to prepare and publicly exhibit a draft amendment to Port Macquarie- 

Hastings Development Control Plan (PMHDCP) 2006 to provide detailed guidelines 

for future development in the Settlement City Precinct, consistent with the design 

principles and strategies of the adopted Settlement City Precinct Structure Plan 

2009. 

The exhibited draft PMHDCP 2006 included amendments to the General Provisions 

regarding supplementary signage requirements and new provisions for public art; as 

well as amendments to the Area Specific Provisions to guide future development of 

land north of Warlters Street in the Settlement City Precinct. 

Council also resolved that a draft Section 94 (s94) Contributions Plan be prepared 

and exhibited to enable collection of developer contributions towards infrastructure 

required to service the Precinct. The draft exhibited Section 94 Plan identified the 

level of developer contributions applicable to road and intersection works to 

accommodate future development in the Precinct overtime. Copies of the exhibited 

draft DCP and s94 Plan are attached to this Report. 

Exhibition 

The draft amendment to PMHDCP 2006 and Section 94 plan were publicly exhibited 

between July and September 2011. 

In response to the exhibition period, a total of nine (9) written submissions were 

received, the majority of which were received from Precinct landowners. Of these 

submissions, three (3) are from representatives of Port Shores Pty Limited. 

Issues Raised 

The matters identified in the public submissions have been summarised (refer to 

attached Table) including consideration of an appropriate response to the issues 

raised. Those issues that warrant detailed attention are identified in the Table and 

discussed further in this Report. The key matters identified in the public submissions 

are discussed below. 


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AGENDA 




Issue No 1 – Kmart proposal 

As background, the St Josephs Schools site, also known as the Warlters Street land, 

was rezoned to B3 Commercial Core in 2011 under Port Macquarie Local 

Environmental Plan (PMHLEP) 2011. 

At that time, a Planning Agreement was proposed by the owners to provide certainty 

for Council regarding the staged release of retail floorspace on the land. The PMH 

LEP amendments included provisions based on the adopted Settlement City Precinct 

Structure Plan. 

The Catholic Church then subdivided the Warlters Street site to excise the old High 

School property and sold that parcel on to Kmart. The Planning Agreement and 

PMHLEP 2011 provisions relating to height of buildings and floor space ratios for the 

site were in place at the time that the property was purchased by Kmart. 

Kmart’s submission to the draft DCP exhibition proposes amendments to the current 

building height and floor space ratio (FSR) controls applying to the site together with 

revisions to the draft exhibited DCP to accommodate a Kmart Discount Department 

Store, speciality shops, Kmart Auto and associated at grade parking. 

This request prompted a series of meetings between representatives of Kmart and 

Council staff over the last 12 months to determine whether there is a case to amend 

the LEP provisions and draft exhibited DCP to accommodate Kmart’s proposal. 

Kmart has been represented locally by King and Campbell Pty Ltd. Council’s 

Development and Environmental Division has also obtained independent specialist 

urban design advice from Gallagher Ridenour in relation to the proposal. A copy of 

this advice is attached. 

The key issue discussed has been whether or not it is possible to locate a very largescale 

“big box” development on the site, without significantly compromising the 

design principles for the Settlement City Precinct as a whole. Whilst “big box” retail 

development was not dismissed as an option in the adopted Structure Plan, the 

emphasis was on these larger elements being centrally located within the Precinct 

and sleeved with activated frontages to provide a town centre feel, connectivity and 

improved public amenity. 

Council staff have encouraged Kmart to adapt their concept to maximise 

achievement of the Structure Plan principles and to this end, Kmart has submitted a 

number of concept options. Due to the irregular shape of the site it has been difficult 

to accommodate the proposal without compromising connectivity and activation 

objectives. 

The Proposal 

A copy of the latest Kmart concept proposal (Nov 2012) and supporting written 

submissions dated 6 and 22 November 2012 are attached to this Report. In 

summary, the proposal comprises: 

a single shopping level Kmart Discount Department Store of approximately 

6,000sqm (approx 110m x 55m) and speciality shops; 

a mezzanine level at the northern end of the building for potential retail and 

entertainment uses; 


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AGENDA 




a Town Square and adjacent retail shops with frontage to Park Street; 

car parking external to the building, containing 151 spaces to the north and 228 

spaces to the east of the main building plus landscaping; 

a Kmart Auto to the north-west; and 

loading/unloading dock and back of house to the south. 

Vehicular access is proposed via a new north-south “Main Street” connecting Park 

and Warlters Streets. A separate exit driveway is proposed to Warlters Street from 

the eastern car park and an additional combined entry/exit driveway is proposed for 

the Park Street frontage, adjoining Port Shores Mall. A pedestrian crossing linking to 

the Port Marina arcade is proposed for connectivity to the foreshore. 

Truck access to the loading/unloading dock is proposed at the rear of the Kmart 

premises parallel to the Warlters Street frontage. 

There has been considerable attention to the detail of the finish of the Kmart building 

in the concept proposal. 

A key decision to be made by Council will be whether or not to support a review of 

the height of building and floor space ratio controls applying to the site under 

PMHLEP 2011 and provisions of the exhibited draft DCP relating to street design, 

activation, pedestrian links, view corridors, public open space, sleeving of on-site car 

parking and location of loading facilities, to potentially accommodate the proposal. 

These matters are discussed below having regard to an urban design review of the 

proposal undertaken on behalf of Council, by Gallagher Ridenour. Key issues 

include proposed measures to address the impact on residents in Warlters Street, 

the form of the town square and the potential for long-term activation of frontages, 

where activation is not feasible in the short-term. 

Urban Design Review 

Gallagher Ridenour note that while the proposed Kmart development has limited 

capacity to deliver the objectives of the Structure Plan in the short-term, the 

objectives of the Structure Plan can be realised in the long-term. Several key urban 

design elements arising from the Structure Plan and identified throughout the 

preceding review process are viewed as critical in the proposal providing capacity for 

the Structure Plan to be realised in the future. These include: 

 

 

 

 

 

 

 

“Main Street” – a new north-south street linking Warlters Street to Park Street 

to the foreshore; 

Town Square – a new open space at the intersection of Park Street and the 

new “Main Street”; 

East-west connectivity – a new pedestrian link connecting Park Street through 

to Bay Street and the Settlement City Shopping Centre; 

Street edge activation – retail/commercial uses along the new “Main Street”, 

Park Street, Warlters Street and pedestrian links; 

Warlters Street – widened carriageway and improved streetscape; 

Views and visual impact – views from the south across Settlement City to the 

foreshore and Hastings River 

Future Planning Certainty - future use and potential amendments to the LEP 

Height and Floor Space Ratios. 


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AGENDA 




North-south link 

The new “Main Street” is viewed as an important component for the long-term 

realisation of the Structure Plan and for achieving connectivity and place making. 

The Structure Plan and draft DCP recommend a 22.6m minimum width reserve for 

the new “Main Street” to accommodate 2 lanes of traffic, parallel on street parking 

and street trees between bays. 

To accommodate the proposed Kmart premises, the new “Main Street” has been 

shifted to the east. The landscape plan included in Kmart’s concept drawings 

indicates that the street design is generally in accordance with the exhibited draft 

DCP, however, the concept site plan needs to be revised to include the footpaths on 

both sides of the street. 

Kmart propose a 19m road width for the “Main Street”, with 4m wide footpaths on 

both sides. In the short-term, the footpath for the eastern side of the new “Main 

Street” is proposed to be 2.5m wide. A preliminary review of the dimensions 

undertaken by Council’s Technical Services indicates that the road design is likely to 

be satisfactory. 

Town Square 

The Structure Plan includes a new 2,000sqm Town Square located at the 

intersection of the new “Main Street” and Park Street with visual and pedestrian 

connectivity to the foreshore. The Town Square was intended to be an active and 

vibrant public space accessible at all times to cater for a range of community events 

and activities. 

The Kmart proposal has significantly reduced the size of the Town Square and 

relocated it to the western side the new “Main Street”/Park Street intersection. The 

Gallagher Ridenour review recognises that the size of the Square and its viability is 

linked to a much larger development with greater development contribution capacity 

in the Structure Plan than that sought by the current proposal. It is acknowledged 

that the size of the Square is constrained by short-term viability and on-grade parking 

requirement of the Kmart development. 

Having regard to the role of the Town Square in the Precinct and the expected 

intensification of core retail/commercial development that is expected to occur over 

time, Gallagher Ridenour recommend that provision be made for a potential staged 

expansion of the Town Square to the south, with a high level of activation, as part of 

future development. The draft DCP will be amended to include suitable provisions to 

encourage this outcome. 

In the immediate term, Gallagher Ridenour recommend that the southern edge of the 

Town Square and its interface with the on-grade parking be provided with additional 

plantings extending into the parking bays to add a sense of depth and increase the 

visual proportions of the Square. Furthermore, planting is suggested to assist in 

redirecting pedestrians along the footpath, rather than through the car park to access 

the Kmart building. Suitable provisions will be included in the revised draft DCP. 


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AGENDA 




Pedestrian connectivity 

The Structure Plan aims to reduce car dominance and increase pedestrian 

permeability within the Precinct with a number of pedestrian connections identified 

including, the new “Main Street”, a mid-block link to the east of the new “Main Street”; 

and an east-west pedestrian link connecting Park Street through to Bay Street and to 

the Settlement City shopping centre. A secondary link is also shown west of the 

Kmart site, between the east-west link and Warlters Street. 

The Kmart proposal has maintained east-west connectivity through the site in 

accordance with the Structure Plan. This link is recognised as an important element 

in the Precinct and has been a major point of discussion between Council staff and 

Kmart representatives throughout the 12-month review process. 

The proposal does not address the mid-block link to the east of the “Main Street”. In 

this regard, Gallagher Ridenour note that the specific locations shown in the 

Structure Plan for this link and the secondary link to the west could move depending 

on future development uses and footprints. It is recommended that these links be 

discouraged through car parking bays or along loading docks in favour of pedestrian 

access along active building edges along footpaths. The draft DCP will be amended 

to provide for the flexibility in location and guidance on the quality of these links. 

Street edge and activation 

The Structure Plan envisages a high level of street edge activation with 

retail/commercial uses to assist in achieving a more pedestrian friendly and walkable 

Precinct, including activation along all streets, around the Town Square and along 

the pedestrian links. 

The Kmart proposal provides for activation along its northern frontage. The 

remainder of the building elevations are not activated. Along the western edge of the 

new Main Street the building design provides for capacity for future tenancies to be 

retrofitted in the longer-term. The 10m setback on the corner of Warlters/new Main 

Streets also has the capacity to be sleeved with a future tenancy. 

Recognising that the proposal is only the first stage of likely future development on 

the site, Kmart have included a plan in their concept drawings to indicate a potential 

long-term development scenario for the subject site and adjoining land to the west, to 

assist in providing some certainty that, whilst not commercial feasible in the shortterm, 

the objectives of the adopted Structure Plan and draft DCP can be achieved in 

the longer-term. 

The long-term development scenario shows potential uses on land which is not 

currently owned or controlled by Kmart and it is therefore not proposed that Council 

endorse the plan for inclusion in the revised draft DCP. However, the plan will be 

included as part of exhibition material in any proposed LEP amendment for Warlters 

Street, arising from this report. 

Future active frontages identified in Kmart’s potential long-term development plan are 

limited to the east-west pedestrian link and the corner frontage of the landmark 

building site (cnr Warlters/Park Sts). 

Gallagher Ridenour recommend that the draft DCP provide for: 


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AGENDA 




 

 

 

 

 

Primary activation include the new Main Street, frontage to Park Street and 

street corners; 

Promotion of primary active frontages along Warlters Street at corner 

intersections with Park Street, Main Street and Bay Street. 

Secondary active frontages along the remainder of Warlters Street. 

Provision for the ground floor of any future decked car parking to be sleeved 

with commercial/retail uses. 

Provisions to promote integration of car parking into the façade design. 

It is proposed to include design guidance with some flexibility in the revised draft 

DCP, with an emphasis on the frontages identified by Council’s independent urban 

design specialist. 

In addition, it is proposed to include general Design Excellence provisions in the LEP 

text to ensure that development of land zoned B3 Commercial Core and SP2 Tourist 

within the Settlement City Precinct is designed to consider the following: 

 

 

 

 

 

 

 

 

Building design, external appearance, bulk, massing and modulation; 

Quality and amenity of the public domain; 

Activation of certain ground floor street frontages; 

Maintenance of view corridors; 

Relationship of development with existing/proposed development on the 

same, or on neighbouring sites; 

Pedestrian, cycle, vehicular and service access and circulation requirements; 

Street frontage heights; and 

Sustainable design, overshadowing and reflectivity. 

These provisions have been applied elsewhere in NSW (e.g. Coffs Harbour City 

Centre). Design competition provisions will not be included. 

Warlters Street 

The Structure Plan envisaged Warlters Streets to have a 31m road reserve with 4 

lanes of traffic, cycle lanes, and a planted median and on-street car parking to both 

sides. The northern edge was intended to provide for mixed use development with 

retail at ground level and residential above to maintain a suitable level of amenity to 

adjacent residential. 

The Kmart concept proposes a reduced 27m street width with 4 lanes of traffic (2 

lanes with parking each side in the short-term to medium-term) and median tree 

planting. The location of the proposed loading dock on Warlters Street is a 

significant departure from the adopted Structure Plan. 

As mentioned in the King and Campbell submissions, the concept plan has as much 

as possible embodied the street design elements of the Structure Plan with 

pedestrian footpaths, street and landscaping on both sides, parallel “Main Street” car 

spaces, separate access to eastern and western car park (to improve accessibility), 

potential for activation of the eastern frontage of the Kmart building and activation of 

the Town Square. 

A review of the revised street design by Council’s Technical Services staff has 

concluded that scope exists to reduce the Warlters Street cross section to 27m, 


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AGENDA 




including a 5m wide central median, which will include a turning lane to allow a right 

turn movement into the “Main Street”. This does not include any right turn movement 

out of the “Main Street” onto either Warlters or Park Streets. To achieve a 27m wide 

reserve, 2m of road widening is required along the full Warlters Street frontage of the 

Kmart site. 

Kmart propose a combination of landscaped setbacks from 1m to 10m together with 

median planting to create a layered screening effect to reduce the visual impacts of 

the blank wall and loading dock to Warlters Street. The floor level of the dock is also 

marginally lower than the floor level of the Kmart building to assist in reducing 

impacts. 

Staff and Gallagher Ridenour concur that the proposed design and landscaping 

treatment of the dock will effectively screen the elevation from the south with the 

retention of existing trees combined with additional planting in the setback areas and 

the median tree planting. It is recommended that Council ensure delivery of the 

median planting as shown in the Kmart concept drawings. 

Views 

The Structure Plan envisaged development across the site with distinctly defined 

view corridors linking the Precinct to the foreshore. 

The Kmart proposal realigns the “Main Street” and its view corridor towards the 

existing Marina arcade, rather than to the foreshore at the western end of the Marina. 

The proposal also includes significant areas of on-grade car parking to the east of the 

new “Main Street”. It is recommended that the proponent provide fully dimensioned 

elevations for the information of adjoining landowners and for inclusion in the 

exhibition documents. 

On-grade car parking is a major departure from the objectives in the Structure Plan 

and Gallagher Ridenour note that while on-grade parking provides open views to the 

foreshore, the quality of the view from the south is significantly impacted by the 

extent of on-grade parking. It is recommended that the proposal demonstrate 

effective tree planting either in car bays, at the end of aisles and/or between rows to 

minimise visual impact. This will be incorporated as a DCP requirement. 

Gallagher Ridenour identified the view corridor to the east of the new “Main Street” 

as arbitrary because it does not appear to relate to any specific viewpoint. It is 

suggested that views from the south could be addressed with future building form, 

spaces between buildings or with modelling of height to allow views over parts of the 

site. It is recommended that permeability of views and pedestrian access to the 

foreshore be promoted rather than a specific requirement for a view corridor. 

The draft DCP will be amended to retain a view corridor along the new “Main Street” 

ensuring it remains open to the sky to limit future bridging; deletion of the designated 

view corridor to the east of the new “Main Street”; and promotion of pedestrian 

permeability through large development parcels and connectivity to the foreshore. 

Future Planning Certainty – Height and Floor Space Ratios 

The Structure Plan and current Height of Building (HOB) LEP map for the Kmart site 

provides for a 1-storey height for the new “Main Street”, Town Square and eastern 


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AGENDA 




view corridor; a 5-storey height for the landmark site on the Warlters/Park Streets 

corner; and 4-storeys for the remainder of the site. A 3-storey street edge applies to 

all streets with exception of the landmark corner. The 3-storey street edge only 

applies to the St Joseph’s Primary School and Kmart sites within the Precinct. 

Floor Space Ratio (FSR) controls relate to the ratio of building area to site area. The 

LEP FSR map for the Kmart site permits a 0.2:1 FSR for the new “Main Street”, Town 

Square and eastern view corridor. The landmark corner has a 3:1 FSR with the 

remainder the site a FSR of 2:1. 

Kmart seeks an amendment to PMHLEP 2011 to permit a blanket 4-story (16m) 

height limit across the site, with the exception of the landmark corner which is 

proposed to retain the existing 5-storey (17.5m) height and a blanket FSR of 2:1 

across the site. This results in an increase in FSR over the new “Main Street” and 

Town Square and a reduction in FSR on the landmark corner. 

To secure the public benefits described in the Structure Plan and assist in achieving 

the long-term vision for the Precinct, Kmart has offered to enter into a Voluntary 

Planning Agreement (VPA) with Council to ensure the following key outcomes as 

intended on the submitted concept plans: 

 

 

 

 

 

 

 

 

Unimpeded east-west pedestrian connectivity to a minimum laneway width of 

8m; 

New “Main Street” north-south link (19m min width & no buildings over); 

New Town Square (19m x 34m); 

Park/Warlters Streets traffic intersection works including traffic lights 

Warlters Street upgrade to a 4-lane median separate carriageway based on a 

27m wide road reserve; and 

Dedication of road widening to achieve 27m Warlters Street road reserve 

Dedication of the land required for a splay corner at the intersection of 

Warlters/Park Streets. 

Roadworks to provide a Park Street pedestrian crossing comprising a raised 

pedestrian facility incorporating a signalised pelican crossing linking the 

proposed Town Square with the adjacent marina. 

The offer from Kmart is contained in a letter from King & Campbell dated 29 

November 2012, as attached to this report. 

Further negotiations will be undertaken in the preparation of the VPA, particularly in 

relation to proposed offsets for infrastructure works by Kmart. However, the inprinciple 

offer from Kmart in relation to the east-west and north-south links provides a 

reasonable level of certainty in relation to these key design outcomes. 

Gallagher Ridenour suggest that street edge wall heights be included in the draft 

DCP instead of the LEP and recommend that this approach be limited to the new 

“Main Street” and Town Square to assist in shaping these spaces and support future 

consistency in built form. An upper level setback of 2.5m is seen as adequate to 

visually define the edge and support future balconies. 

It is recommended that Council prepare a Planning Proposal including the items 

proposed by Kmart to amend the HOB and FSR controls relating to the Kmart site as 

described above, subject to finalisation of a VPA including the items proposed by 


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AGENDA 




Kmart. The HOB maps in the draft LEP will include deletion of the 3-storey street 

edge height LEP provision applying to the adjoining St Joseph’s Primary School site 

and Council owned land. Given the intended future use of the landmark site, the 

proposed reduction in FSR is not supported. 

Any decision by Council to amend the DCP to accommodate the Kmart proposal will 

trigger the need to re-exhibit the draft DCP in an amended form, having regard to the 

scope of change on issues such as realignment of the new “Main Street”, activation, 

design of the town square and the relationship of development to Warlters Street. 

Issue No 2 – Foreshore Walkway Promenade 

All About Planning, on behalf of Sails Resort, seek Council’s consideration to a 

shorter foreshore promenade alternative for the Sails site, with a partial walkway 

focussing on the eastern side of the Sails’ site. The submission states that this 

option would reduce most of the major impacts associated with the full walkway 

proposal, including: 

Significant unacceptable crime risk and loss of site security for Sails guests; 

Total loss of Sails Resort’s current ‘absolute waterfront’ point of difference – it is 

considered unlikely that Council would be able to adequately compensate Sails 

Resort for the total loss of this existing absolute waterfront land; and 

Unacceptable loss of site value and redevelopment potential. 

The submission also indicates that should the full walkway option be pursued, 

Council needs to commit to taking on the financial responsibility and legal burden of 

the walkway where it affects the Sails site. Objection is also raised to the 

requirement for a public Right of Way over the walkway due to site security, 

maintenance/repair costs and public liability issues. 

In light of the circumstances, it is considered reasonable that the draft DCP be 

amended to show the promenade connection parallel to Park Street and including a 

desired publicly accessible link along part of Sails’ eastern edge adjoining the 

marina. This outcome is to be considered in detail in future Development 

Applications. 

Further consultation with Sails Resort and Crown Lands will occur during the reexhibition 

of the draft DCP. 

Issue No 3 – Permanent Residential in SP3 Tourist Zone 

Changes made to the zoning of the Sails Resort site under the Standard Template 

PMHLEP 2011 exclude permanent residential land uses from the SP3 Tourist Zone 

land use table. All About Planning has lodged a submission on behalf of Sails, to 

seeking an amendment to PMHLEP 2011 to permit with consent permanent 

residential in the SP3 zone for the Sails site. 

The PMHLEP2011 identifies three precincts as SP3 Tourist Zone. These include the 

foreshore areas of the Settlement City Precinct (Marina & Sails Resort), Timbertown 

and the other is in Hastings River Drive in the vicinity of the Airport. 

Development for tourist and visitor accommodation is permitted with consent in the 

SP3 zone. Residential accommodation is not permitted within the zone. The 


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submission indicates that Sails requires 40% permanent residential to ensure the 

future economic viability of the Resort. 

The Settlement City Precinct Structure Plan recommended a SP3 Tourist zoning for 

the Sails site and schedule amendment to the LEP to include residential flat building 

as a secondary use to the primary tourist use, as was permitted for the site under the 

former PMHLEP 2001 2(t1) Residential Tourist zoning of the land. 

Preliminary consultation with the Department of Planning & Infrastructure suggests 

that a proposal for a Schedule 1 amendment may not be supported. Staff from 

Council’s Development & Environment Division propose continued consultation with 

representatives of Sails and the Department and that this matter be reported to 

Council as an outcome of the proposed revised DCP exhibition. This may lead to a 

further resolution to prepare a Planning Proposal to amend LEP 2011 at that time. 

Options 

Council could opt to adopt or further defer the draft DCP exhibited in 2011. Having 

regard to the submissions received, it is recommended that Council re-exhibit the 

draft Plans in accordance with the amendments as detailed in this report, together 

with a Planning Proposal to amend PMHLEP 2011 and related draft VPA. 

Public exhibition of a Planning Proposal is subject to the concurrence of the Director- 

General of the Department of Planning and Infrastructure following a resolution of 

Council to submit the Proposal to the Department for a Gateway Determination. 


The draft amendment to PMHDCP 2006 and draft Section 94 Contributions Plan 

were placed on public exhibition for an extended period from July to September 

2011. This process included written notification to Precinct owners and surrounding 

landowners, advertisements in the local paper and the availability of the exhibition 

material on Council’s website and Port Macquarie office. 

A number of enquires were answered during and following the draft DCP and Section 

94 Plan exhibition and whilst no written submissions were received from surrounding 

residents to the exhibition, efforts have been made to keep these persons (& those 

who lodged submissions), informed of progress and to explain the reason for the 

delay in finalising the draft Plans. 

As noted previously, any decision by Council to amend the draft exhibited DCP and 

S94 Plans to accommodate the Kmart proposal will trigger the need to re-exhibit the 

draft Plans, in an amended form, having regard to the nature and scope of changes 

required. 

The revised draft plans would be exhibited for a period of 28-days in conjunction with 

the draft VPA and draft Planning Proposal, subject to a Gateway Determination from 

the Department of Planning and Infrastructure for the Planning Proposal. Council 

planning staff are mindful that there was substantial community consultation during 

preparation of the adopted Structure Plan and a similar transparent process will be 

undertaken for the proposed LEP, draft DCP and draft Section 94 Plan amendments. 


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As a Plan prepared under the provisions of the Environmental Planning and 

Assessment legislation, once adopted, the development control provisions have 

statutory recognition and become a matter for consideration in the assessment of a 

development application. The Section 94 Plan will facilitate collection of contributions 

for Precinct roadworks. 

Should a Planning Proposal for the Kmart site be progressed as outlined in this 

report, the DCP and Section 94 Plan would take effect upon finalisation of the LEP 

amendment. 


The work associated with the planning for the Settlement City Precinct is currently 

provided for within the 2012 – 2013 Operational Plan. 

There is a potential for financial risks to impact upon Council associated with 

infrastructure requirements, particularly roads, for the development of the precinct 

over time. These risks are to be mitigated through the development of the s94 

contributions Plans for roads infrastructure and offers by the proponents for 

infrastructure works to support development. 

Economic implications associated with the development of the Settlement City 

Precinct were considered by Council as part of the structure planning process in 

2008 and as part of the rezoning of lands within the precinct in 2011. 

Attachments 

1. Summary of submissions 

2. Gallagher Ridenour Urban Design Review 

3. Kmart Concept Drawings Nov 2012 

4. King and Campbell submission Kmart 6 Nov 2012 

5. King and Campbell submission Kmart 22 Nov 2012 

6. Kmart Planning Agreement Offer 29 Nov 2012 


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AGENDA 





Subject: BUILDING BETTER REGIONAL CITIES GRANT PROGRAM - 

AFFORDABLE HOUSING INCENTIVE SCHEME ARRANGEMENTS 







1. Waive the requirement to undertake a tender process in relation to the 

delivery of the Port Macquarie-Hastings Council affordable housing 

incentive scheme as part of the Building Better Regional Cities (BBRC) 

Funding Agreement under section 55(3)(i) of the Local Government Act 

1993 as there are limited providers of these services and the Federal 

Government has endorsed this provider under the BBRC funding 

program. 

2. Authorise the General Manager to enter into a contract with Ethan 

Affordable Housing to deliver the affordable housing incentive scheme. 

3. Note the status of the BBRC project. 

4. Amend the 2012/13 Operational Plan to include the delivery of this 

affordable housing incentive scheme. 


Under the Building Better Regional Cities (BBRC) Funding Agreement, Council has 

targeted the funding of a new water reservoir at Sancrox and new road infrastructure 

on The Ruins Way at Lake Innes in order to progress new developments in those 

areas. The agreement requires Council to establish and deliver an affordable 

housing incentive scheme to apply to the areas directly related to the new 

infrastructure at Thrumster and Lake Innes. 

In order to deliver an affordable housing incentive scheme research has been 

undertaken in relation to how other Councils are implementing this component of the 

Federal Government Funding Agreement. While some Councils are implementing an 

in-house administered scheme, others are seeking the support of third party service 

providers. One provider, Ethan Affordable Housing, is already delivering this scheme 

for Bendigo City Council. Ethan Housing is interested in providing this service to 

Council. Given the limited number of Councils approved by the Federal Government 

under the Building Better Regional Cities Grant Program (16), there are limited 

service providers to assist with incentive schemes due to the specialised nature of 

this service. The BBRC is a new one-off funding program announced in 2011. 


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Provision exists within the Local Government Act 1993 under section 55 (3) (i) for 

Council to waive the requirement to invite tenders in special circumstances. 

Council will need to approve the modification of the 2012/13 Operational Plan to 

include the implementation of the affordable housing incentive scheme. 

Discussion 

In July 2012, Port Macquarie-Hastings Council (Council) was successful in being 

awarded a $3 million Federal Government grant under the Building Better Regional 

Cities (BBRC) Program. BBRC is a new one-off Federal Government funding 

program announced in 2011. This funding has been provided to construct two 

infrastructure projects (Sancrox Reservoir (partial) and a sub-arterial road Ruins 

Way) on the basis that affordable housing be encouraged in these areas (Thrumster 

and Innes Peninsula respectively). . 

The Federal Government BBRC Program prioritised the delivery of affordable 

housing. Council proposed the establishment of a rebate scheme of $20,000 to one 

hundred eligible purchasers in the areas of Thrumster and Innes Peninsula (ratio of 

67 to 33 respectively for the two areas). These payments are to occur at the time of 

sale to assist eligible purchasers purchase affordable housing. Eligible purchasers 

are defined in the funding agreement as those that meet the definition of low to 

moderate income earners (based on National Rental Affordability Scheme). Specific 

income thresholds are outlined in the Funding Agreement. 

Councils’ original intention was to develop an in-house incentive scheme using the 

Smartygrants tool, thereby allowing all applications to be lodged online. It was 

intended to employ a Projects Officer on a casual basis to handle the applications 

and assess them. Council’s Property Section would assist by undertaking due 

diligence on the market value of land and placing a caveat on the title of the property 

to ensure that “eligible purchasers” did not resell within a specified period except to 

other eligible purchasers. Eligible purchasers would have the “incentive” provided at 

exchange of contract stage and held in trust for use in payment on settlement by the 

vendors solicitors. Council sought legal advice to confirm that this would be a 

suitable arrangement. 

It was estimated that the costs to Council to operate this scheme in-house would be 

between $100,000 - $200,000, depending on the length of time taken to sell 100 lots 

and the ongoing compliance management of lots being on-sold for up to 5 years from 

potentially the end of the Funding Agreement period ie 30 June 2016. 

As this is a completely new business process for Council, research was undertaken 

into how other councils were implementing the incentive scheme. Bendigo City 

Council appeared to be well advanced in their arrangements and their website 

reveals that Ethan Housing (a not for profit affordable housing organisation in 

Victoria) is managing the entire process. This entails applicants being directed from 

Bendigo City Council website to the Huntley Estate website (hosted by Ethan 

Housing). This website then provides application forms and information packages 

about how to apply, eligibility, housing estate information etc. 

An approach was made to Ethan Housing in early October 2012 to ascertain if it was 

interested in providing a similar arrangement to what it provides to Bendigo City 

Council to Council and if so, at what cost. Once permission was gained from the 

Department of Families, Housing, Community Services and Indigenous Affairs to 

provide Ethan Housing with a copy of the Funding Agreement, a formal approach 


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was made to Ethan Housing on 12 October 2012 to assess and provide a quote 

regarding fees to provide this service. 

Given the fees involved with a third party provider it would be normal practice to seek 

expressions of interest via a tender process. Section 55(3) (i) of the Local 

Government Act 1993 allows Council to waive the requirement to invite tenders in 

special circumstances. There are a number of special circumstances associated with 

this scheme that would make it difficult to find a suitable third party provider and 

achieve a satisfactory result in a relatively tight timeframe. These include: 

- It is a new funding program and there are limited service providers in this field 

at this time. 

- Limited number of Councils (9) that are implementing an incentive scheme 

given only 16 Councils have been successful in being given funding under this 

program, meaning it is a limited market; 

- Ethan Affordable Housing appear to be the only organisation at the moment 

that have developed a viable incentive scheme that is available immediately; 

- The Funding Agreement requires this scheme, that is a minimum of 230 

residential lots (including the 100 affordable housing lots), to be completed by 

30 June 2016, thus placing time pressures on commencing the scheme. 

- Satisfactory feedback about Ethan Affordable Housing performance from 

Bendigo City Council. 

- Administrative overheads in Council developing and implementing a 

standalone incentive scheme. 

Given these limitations, Council may approve by resolution that the need to invite 

tenders be waived. Council could authorise staff to enter into a contract with Ethan 

Housing. 

Ethan Housing has provided a proposal (dated 8 November) advising that it is 

interested in providing this service to PMHC at a particular fee per successful 

applicant. The confidential attachment titled “Ethan Affordable Housing Incentive 

Scheme Proposal November 2012” contains information that relates to commercial 

information of a confidential nature that would, if disclosed, prejudice the commercial 

position of the person who supplied it. (Local Government Act 1993 – Section 

10A(2)(d)(i)). 

Ethan would manage the entire process, including handling inquiries, assessment 

and approval of applications, formulation and execution of an agreement with each 

purchaser regarding repayment of the incentive if the property is on-sold within 3 

years, interface with the vendors and purchasers through the contract stage and 

compliance responsibility for the term of the purchase agreement (3 years from sale). 

Ethan Housing has developed this standard agreement following negotiations with 

four major banking groups regarding loan requirements. 

At this time no timeframe for implementation has been discussed with Ethan. Timing 

would be contingent on Council approving the development of a contract with Ethan, 

and in consultation with the relevant developers as to what suits their marketing 

needs. 

The immediate priorities for Council include the planning and implementation of the 

infrastructure items as the Federal Government funding must be fully expended by 


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AGENDA 




March 2016. Planning for the water reservoir and upgrade of The Ruins Way are 

progressing well and both projects are on track for completion by March 2014. 

However, in the case of The Ruins Way, there is a need for approval from the 

Federal Government in relation to koala habitat issues under the Environment 

Protection Biodiversity Conservation Act. Council staff are working in cooperation 

with Land Dynamics Australia (formerly Luke & Company) at The Ruins Way in order 

to obtain the required approvals and proceed to construction as soon as possible. 

The commencement of new residential development in the Thrumster and Lake 

Innes residential areas is not entirely contingent upon the completion of the new 

infrastructure. At Thrumster, an interim water supply is available and at Lake Innes, 

alternate vehicular access exists to part of the rebate area via The Point Drive. 

Council staff are therefore proceeding with the establishment of the affordable 

housing incentive scheme. 

The requirement for construction of The Ruins Way to access some parts of the 

incentive scheme area was explained to relevant developers during preparation of 

planning agreements for the BBRC application. These planning agreements provide 

for the transfer of some water contributions funds to the affordable housing rebate 

scheme and also to the guaranteed release of lots within the rebate scheme area by 

key landowners. 

It would be appropriate to write to all land holders in the subject estates to advise of 

the details of the Funding Agreement including the affordable housing incentive 

scheme arrangements. This is planned to occur once Council approves this report. 

A meeting was convened on the 4 December 2012 with the relevant developers, 

and/or their reps (Sovereign Hill, Brierley Hill and Diteleigh), the CEO of Ethan 

Affordable Housing (Ethan) and Council staff to discuss the Ethan proposal as they 

would be the main stakeholders dealing with Ethan should Council approve this 

report. 

Should the Ethan proposal not be considered appropriate, it is estimated that an 

incentive scheme using Smartygrants could be developed during January – March 

2013 with commencement of the incentive scheme at the end of April 2013. 

Options 

Council could seek additional information on the Building Better Regional Cities 

Funding Agreement and its implications for Council. 

Council could request that a tender process be undertaken to find a service provider 

to deliver the affordable housing incentive scheme. 

Council could request the affordable housing incentive scheme be delivered by 

Council staff. 


Land Dynamics (on behalf of Brierley Hills P/L and Diteleigh P/L) has corresponded 

with Council on a number of occasions to ascertain the status of the implementation 

of the affordable housing incentive scheme. 


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AGENDA 




Sovereign Hills Project P/L has also made inquiries on the project. 

Contact with Bendigo City Council to discuss the arrangements and support provided 

by Ethan Affordable Housing. 

Discussions and correspondence with the Building Better Regional Cities Section of 

the Department of Families, Housing, Community Services and Indigenous Affairs 

(FAHCSIA) has indicated that there are no concerns with having a third party service 

provider such as Ethan Housing involved in administering the incentive scheme for 

Council. FAHCSIA could not provide details of any other service providers in this 

field. 


The delivery of the affordable housing incentive scheme will need to be included in 

the 2012/13 Operational Plan and future Operational Plans. The procedural and 

administrative arrangements associated with the delivery of this scheme will need to 

be developed in accordance with the Council decision. 


The voluntary planning agreements entered into with Sovereign Hills Project P/L, 

Diteleigh P/L and Brierley Hill P/L provide sufficient funds through affordable housing 

contributions in lieu of water supply contributions to cover the incentive scheme and 

the administrative costs associated with delivering the scheme. There will be a cash 

flow issue regarding the time of the payment of the incentives and the receipt of the 

affordable housing contributions. This issue is considered manageable from a 

financial perspective. 

Attachments 

1. Council report 20120725 Building Better Regional Cities Grant Funding 

2. Ethan Housing Affordable Housing Incentive Scheme proposal November 2012 

(Confidential) 


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AGENDA 



Subject: 

CONFIDENTIAL COMMITTEE OF THE WHOLE 


1. That Council move into Confidential Committee of the Whole to receive 

and consider the following items: 

Item 14.01 General Manager Annual Performance Review 2011/2012 

This item is considered confidential under Sect 10A(2)(a) of 

the Local Government Act 1993, as it contains personnel 

matters concerning particular individuals (other than 

Councillors). 

2. That pursuant to Section 10A Subsections 2 & 3 and 10B of the Local 

Government Act 1993 (as amended), the press and public be excluded 

from the proceedings of the Council in Confidential Committee of the 

Whole on the basis that the items to be considered are of a confidential 

nature. 

3. That the recommendations made in Confidential Committee of the Whole 

be made public as soon as practicable. 

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AGENDA 



Subject: 

ADOPTION OF RECOMMENDATIONS FROM THE CONFIDENTIAL 

COMMITTEE OF THE WHOLE 


That the undermentioned recommendations from Confidential Committee of 

the Whole be adopted: 

Item 14.01 General Manager Annual Performance Review 2011/2012 

This item is considered confidential under Sect 10A(2)(a) of 

the Local Government Act 1993, as it contains personnel 

matters concerning particular individuals (other than 

Councillors). 


Page 190

12 December 2012 - Hastings Council - NSW Government

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