Minutes of the ordinary Council meeting - 25 September 2012

MINUTES OF THE ORDINARY MEETING OF KEMPSEY SHIRE COUNCIL 

25 September 2012 commencing at 9.02am. 

PRESENT: 

Councillors E A Campbell (Mayor and Chairman), E A Green, J C Gribbin, L L Kesby, 

B J Morris, A P Patterson, D F Saul and A J Williams 

General Manager, D L Rawlings; Director Sustainable Environment, R B Pitt; 

Director Community Engagement, K E Oliver; Director Infrastructure Services, 

R J Scott; Director Corporate Management, D B Hagger; Manager Information 

Management and Governance, P J Hanrahan; and Minute Taker D M Pearson. 

1 OPENING PRAYER 

“Dear Lord, help us in our deliberations today so that our decisions will be 

for the greater good for the whole of Kempsey Shire - Amen”. 

ACKNOWLEDGEMENT OF THE TRADITIONAL ABORIGINAL LAND 

OWNERS 

“Council acknowledges that this meeting is being held on the traditional 

lands of the Dunghutti People”. 

2 APOLOGIES 

2012. 275 RESOLVED: Moved: Cl. Gribbin 

Seconded: Cl. Saul 

That the apology submitted by Councillor McGinn for non-attendance at the 

meeting be accepted and leave of absence granted. 

3 DECLARATIONS OF INTEREST 

Councillor Green declared a non-pecuniary non-significant interest in item 

3.4 Provision of Assistance to Kempsey Swimming Club for the reason that 

she is a regular user of the pool. 

Councillor Saul declared a non-pecuniary non-significant interest in the 

information only paper for the reason that a family member has an 

application listed in the approved applications. 

Councillor Patterson declared non-pecuniary non-significant interest in 

item 1.1 Proposed Drag Racing at Kempsey Airport for the reason that he 

Kempsey Shire Council FULL TEXT Minutes Ordinary Meeting 25 September 2012 Page 1

has an interest in motor racing. 

4 ASSESSMENT OF ITEMS LISTED FOR CONFIDENTIAL CONSIDERATION 

2012. 276 RESOLVED: Moved: Cl. Green 

Seconded: Cl. Gribbin 

That the confidential reports be considered in the confidential section of 

the meeting and the reason for confidential for item 1.1 be corrected. 

5 CONFIRMATION OF MINUTES 



That the minutes of the ordinary meeting of Kempsey Shire Council dated 

21 August 2012 be confirmed. 

6 PUBLIC FORUM / PRESENTATIONS 

Public Forum 

1 - Mr Barrie Bishton addressed Council speaking in relation to item 

1.1 Proposed Drag Racing at Kempsey Airport 

2012. 278 RESOLVED: Moved: Cl. Saul 

Seconded: Cl. Morris 

That Mr Bishton be granted an extension of time to complete his 

presentation. 

2 - Mrs Sonia Perry addressed Council speaking in relation to item 

1.2 Two Storey Dwelling. 

3 - Mr Robert Guyer addressed Council speaking in relation to item 

3.4 Provision of Assistance to the Kempsey Swimming Club 

Presentations 

Nil 

7 CONSIDERATION OF MOTIONS FOR CHANGES TO THE ORDER OF 

BUSINESS AND CONSIDERATION OF SUPPLEMENTARY OR LATE 

REPORTS 


Seconded: Cl. Green 

That the Agenda Order of Business be adopted and the late reports be 

considered in conjunction with the relevant Councillor or Community 

Strategic Plan reports. 


8 CONSIDERATION OF REPORTS RELATING TO PUBLIC FORUM MATTERS 



That the reports addressed in public forum be brought forward and dealt 

with immediately. 

1.1 Proposed Drag Racing at Kempsey Airport File: T6-10-232 

1412 RBP 

SUMMARY 

Reporting that Council has received a Development Application for drag-racing at 

the Kempsey Airport for which objections have been received. 

Applicant: 

Subject Property: 

Zone: 

Four Aces Drag Racing Club Incorporated 

Lot 1 DP1144474, Airport Road, Aldavilla 

1(a1) (Rural "A1" Zone) 


Seconded: Cl. Williams 

A 

That consent be granted subject to the following conditions: 

PARAMETERS OF THIS CONSENT 

1 This consent permits the use of the Airport to conduct one (1) only 

event. This consent is valid for a period of two years from the date of 

consent. A separate application will be required to conduct any 

additional event. 

2 The development shall be implemented in accordance with the plans 

and supporting documents set out in the following table except 

where modified by any conditions of this consent. 

Plan No./ Supporting 

Document 

Version Prepared by Dated 

Layout Plan (Project No. 

1855/11) Sheet No. S01 

in set [01] 

Issue 2 

Dennis 

Partners 

20/04/11 

In the event of any inconsistency between conditions of this 

development consent and the plans/supporting documents referred 

to above, the conditions of this development consent prevail. 

3 All building work must be carried out in accordance with the 

requirements of the Building Code of Australia as in force on the 

date the application for the relevant construction certificate or 

complying development certificate was made. 

This condition does not apply: 


a) To the extent to which an exemption is in force under clause 

187 or 188 of the EPA Regulation 2000, subject to the terms 

of any condition or requirement referred to in clause 187 (6) 

or 188 (4); or 

b) To the erection of a temporary building. 

4 The event approved under the terms of this consent is limited to a 

single drag racing event, being not more than one (1) day only. 

The event is restricted to be between 9:00am and 3:30pm. A noise 

free period between 12.00noon to 1.00pm shall be observed. 

All buildings (temporary or otherwise) and/or works associated with 

the development are to be removed from the land immediately upon 

the expiration of this period, up to a maximum of two (2) days after 

the event. The event operator must return the landform of the 

subject land to the predevelopment state and suitably re-vegetate 

and regrade the land. 

5 Any vehicle participating in any racing event or accessing the airport 

runway for any reason must be a C-Class vehicle road registered by 

the NSW Roads & Maritime Service (RMS). 

Vehicles which are not C-Class or do not hold a current RMS road 

registration (such as purpose built dragsters) are permitted on the 

site for the purpose of visual display (i.e. “show and shine”) events 

only. 

6 A separate application is to be submitted to, and approved by, 

Council prior to the erection of any advertisements or advertising 

structures, other than those approved by this consent or permitted 

without the consent of Council. 

7 Council shall be notified in writing of the proposed date of the drag 

racing event not less than three (3) months prior to the drag racing 

event. The event shall not proceed unless Council has provided its 

written agreement that all relevant conditions of this consent have 

been met and that the nominated date is acceptable. 

8 Prior to the commencement of the drag racing event, evidence shall 

be provided to Council indicating that public liability insurance cover 

for a minimum of $20,000,000 has been obtained. Council shall be 

nominated as a co-insured party on the policy and must provide its 

written agreement confirming that Council is adequately covered 

against any claim for liability, prior to agreeing to permit the event 

to proceed. 

9 Submission of a detailed Plan of Management (in a single 

document) to Council not less than three (3) months prior to the 

nominated date of the event incorporating the means of complying 

with all conditions of consent including the following: 

a) An Event Management Plan including the installation, operation 

and decommissioning providing for the following: 


i) Measures to prevent potential conflict with aircraft and air 

traffic, whether taking off or landing, ensuring aircraft and 

air traffic is given priority. In this regard, it will be 

necessary to provide the written advice from Civil Aviation 

Safety Authority (CASA) that such measures are 

satisfactory. 

ii) 

iii) 

iv) 

Details of how the event will be managed, including how 

the races are to be conducted and how it is proposed to 

protect the safety of competitors, officials and spectators. 

In this regard it will be necessary to provide the written 

advice from Australian National Drag Racing Authority 

(ANDRA) that such measures are satisfactory. 

Details of spectator management measures, including 

provision of adequate portable toilet facilities (not less 

than 15), security, traffic and parking control, seating, first 

aid, provision of drinking water, lost children, etc.); 

Details of Vendor and stall management including exact 

numbers and locations, including the written advice of the 

NSW Food Authority that all relevant requirements have 

been met. The applicant/proponent shall ensure that stalls 

selling food comply with the requirements of the “Food 

Handling Guidelines for Temporary Events”. This includes 

the free drinking water which is to be provided by the 

event operator. 

v) Any drinking water shall comply with Australian Drinking 

Water Guidelines and the Food Act 2003. Specific details 

on the supply and/or bottling of the water shall be 

provided to and approved by Council prior to the 

commencement of the event; 

vi) 

vii) 

viii) 

ix) 

Proof of receipt of all licenses and approvals from other 

agencies and organisation; and 

A contingency plan in the event of heavy rain. 

Details indicating that access and facilities for persons 

with disabilities are in accordance with AS 1428.1 - Design 

for Access and Mobility and Part D3 of the Building Code of 

Australia. 

Details of the means of ensuring that the maximum 

number of spectators is limited to not more than two 

thousand (2,000) people. 

x) Details of the means of separating spectators from other 

areas or the airport. 

xi) 

Details on the keeping of a complaints register which shall 

be kept and maintained by the proponent/applicant and be 

available for viewing by an Authorised Officer of Council 

upon request. All complaints must be recorded in the 

register and must include relevant details such as the 

nature of the complaint, time, date and person making the 


complaint and contact details of person making the 

complaint. 

xii) 

Details of the number and location of security staff. 

AND 

b) An Emergency Management Plan endorsed by ANDRA detailing 

emergency measures (including preventative and response) for 

not less than the following emergency situations: 

i) Injury (both minor and serious) to any person (including 

competitors, spectators, staff and volunteers) and First 

Aid; 

ii) 

iii) 

iv) 

Accidents/crashes of vehicles during races; 

Spillage and clean-up procedures for all fuels, oils and any 

other chemicals stored on the site; 

Localised fire and explosion (i.e.: car fires, oil and fuel 

fires, stall fires, garbage fires, etc., and explosions 

whether or not resulting from such fires); 

v) Bush fire in accordance with Planning for Bushfire 

Protection 2006; and 

vi) 

vii) 

Storage of fuel including design and installation of any fuel 

tanks and their bunding/spill containment in accordance 

with AS1940, AS4452, and the requirements of the NSW 

WorkCover Authority. 

The Emergency Management Plan shall provide for the 

following emergency services to be onsite for the duration 

of the event: 

NSW Police Force; 

Ambulance Service of NSW; 

NSW Rural Fire Service. 

AND 

c) A Waste Management Plan prepared in accordance with the 

Department of Environment and Conservation guidelines Waste 

Wise Events Guide. The plan must incorporate: 

i) Measures to separate recyclable materials and describe 

the methods for collection of waste containers from the 

site; 

ii) 

Measures to address post-event waste management on the 

runway to remove any foreign objects; and 


AND 

iii) 

iv) 

Measures to address post-event waste management within 

the road reserves of Old Aerodrome Road and Airport 

Road. 

Details for an on-site garbage storage area to be located 

so as to be readily accessible from within the site and 

serviceable by the waste collector from the adjoining road. 

d) A Traffic Management Plan prepared by a suitably qualified 

person and endorsed by the Local Traffic Committee, detailing 

the proposed treatment of traffic at the following intersections: 

i) Armidale Road / Sherwood Road intersection; 

ii) 

iii) 

iv) 

Sherwood Road / Old Aerodrome Road intersection; 

Sherwood Road / Airport Road intersection; 

Old Aerodrome Road driveway into the site; and 

v) Airport Road driveway into the site. 

e) The Traffic Management Plan must have consideration for: 

i) The “Special Events Transport Management Plan” 

requirements of the RTA’s “Guide to Traffic & Transport 

Management for Special Events, Ver.3.4, 2006” for a Class 

3 event; 

ii) 

iii) 

iv) 

Local traffic not associated with the drag racing event; 

Method of restricting parking on Council‟s road reserves in 

the area; 

The impacts of the traffic increase based on the maximum 

number of patrons permitted to attend the event, being 

2000 spectators plus competitors and officials; 

v) Variances in treatments dependant on time of day (i.e. 

traffic heading towards the airport in the morning and 

back towards Kempsey in the afternoon); and 

vi) 

Appropriate signage to advise road users of the event and 

subsequent changes in traffic conditions. 

AND 

f) A Carparking Management Plan prepared by a suitably qualified 

person detailing: 

i) Vehicular access; 

ii) 

iii) 

Parking arrangements; 

Turning circles/manoeuvring within the site in accordance 

with AS2890.1; 


iv) 

Provisions for direction by marshals on the day; and 

v) Methods of ensuring all spectator, participant and staff 

vehicular parking is confined to the parking area within the 

site and not on either Airport Road or Old Aerodrome Road. 

AND 

g) A Noise Monitoring Plan prepared by a suitably qualified person 

detailing: 

i) The method for determining background noise levels and 

operational noise levels at the closest affected residences 

on Airport Road and Old Aerodrome Road. 

ii) 

iii) 

iv) 

The means for ensuring engine tuning, warm-up and/or 

revving of vehicle engines will be strictly controlled and 

limited to that required for each upcoming race only with 

no running or revving of engines for show or display 

purposes. 

The means for ensuring that all competing vehicles have 

mufflers which meet the Confederation of Australian Motor 

Sport noise specification and that the noise levels 

generated by each competing vehicle meets Australian 

National Drag Racing Association noise limits. 

The means for ensuring that the use and operation of the 

Public Address (P.A.) system is limited to announcements 

about race events and emergency/procedural 

announcements only. 

v) Provisions for a noise report prepared by a suitably 

qualified person which details the results of the noise 

monitoring conducted during the event to be forwarded to 

Council within twenty-eight (28) days after the event. 

The event shall not proceed unless Council has provided its written 

advice that the Plan of Management is satisfactory. 

The event shall be strictly in accordance with the approved Plan of 

Management. 

10 Prior to the commencement of the drag racing event a Dilapidation 

Report prepared by a suitably qualified person shall be provided to 

Council detailing the pre-event condition of the runway pavement, 

wearing course, associated infrastructure north-east of the taxiway, 

access point off Old Aerodrome Road, main Airport access road, 

terminal parking area, spectator parking area and competitor 

staging area. The report shall include photographs. This report shall 

have regard in particular (but not limited to) the existing state of 

the grooves in the AC pavement and the existing smoothness for the 

existing runway. This report shall be prepared at no cost to Council. 

11 Within fourteen (14) days of the event a Dilapidation Report 

prepared by a suitably qualified person shall be provided to Council 

detailing the post event condition of the runway pavement, wearing 


course, associated infrastructure north-east of the taxiway, access 

point off Old Aerodrome Road, main Airport access road, terminal 

parking area, spectator parking area and competitor staging area. 

The report shall include photographs. This report shall have regard 

in particular (but not limited to) the existing state of the grooves in 

the AC pavement and the existing smoothness for the existing 

runway. This report shall be prepared at no cost to Council. 

12 The proponent shall be responsible for the repair of any damage to 

the airport runway, any other airport infrastructure, roads, kerb and 

gutters, footpaths, driveway crossovers or other assets caused as a 

result of the drag racing event. In this regard, a cash bond of 

$250,000 must be paid to Council prior to the commencement of the 

drag racing event as guarantee against damage to Council land and 

infrastructure during the drag racing event. 

This bond will be held until Council is satisfied that the 

infrastructure is maintained/repaired to pre-development 

conditions and that no further work is to be carried out that may 

result in damage to Council‟s infrastructure. 

13 Prior to the commencement of the drag racing event the event 

manager shall pay the following fees to Council: 

a) Daily rental for the usage of the aerodrome of $2,000 per 

event day; 

b) $500 towards the cost of staff to monitor the event; and 

c) Any other fees required to cover the cost of any Council 

equipment, including but not limited to, signage, barricades 

and rubbish bins. 

14 Prior to the commencement of the drag racing event a physical 

barrier is to be provided across the full road frontage of the property 

to Old Aerodrome Road suitable to prevent vehicular access at 

locations other than the approved driveway. Prior consent for the 

required works must be obtained from Council pursuant to Section 

138 of the Roads Act 1993 where works within the road reserve are 

necessary. Any required application is to be submitted to Council not 

less than 3 months prior to the nominated date of the event. 

15 All properties immediately adjoining the subject land and within a 

two (2) kilometre radius which have a dwelling are to be given 

written notice of the nominated date of the approved event at least 

four (4) weeks prior to staging of the event. Copies of 

correspondence are to be provided to Council. 

16 No burn-outs shall be permitted at any time. 

17 No alcohol shall be permitted to be possessed or consumed for the 

duration of the event. 

18 Any and all temporary structures shall be erected in accordance with 

any relevant standard and shall be certified by a structural engineer 

prior to its use. 


19 Sediment and erosion controls shall be installed in accordance with 

Council‟s Guidelines for Sediment and Erosion Control to capture and 

filter all stormwater draining from all areas disturbed by this event. 

Energy dissipaters shall be installed to prevent the treated 

stormwater from souring and eroding the outlet points. These 

sediment and erosion controls shall be left in place until all areas are 

stabilised by vegetation. One all areas have been stabilised these 

sediment and erosion controls shall be removed at no cost to 

Council. 

20 No liquids of other materials shall be applied to the runway at any 

time. This includes, but is not limited to, any material used to 

increase or decrease grip or traction, such as chemical traction 

compounds. 

The only exception to this requirement is liquids or materials applied 

specifically for the purpose of cleaning the surface of the runway 

(such as sand on oil and fuel spills) and then only strictly in 

accordance with the approved Emergency Management Plan. 

21 Any existing tenant of the Airport or any other person accessing the 

airport for aircraft related purposes shall not be charged for entry, 

or prohibited entry, to the airport grounds. Such persons must be 

admitted to the site free of charge. The means of identifying such 

persons shall be provided to Council not less than 3 months prior to 

the nominated date of the event. 

22 Spectators and participants shall be restricted to the hatched area 

shown on the approved plan marked “mowed area – access 

permitted”. This area shall be physically separated from the 

remainder of the airport grounds for the duration of the event. No 

spectators or participants shall be permitted in any other area of the 

airport at any time. 

23 Overnight accommodation is not permitted on the site, including 

camping in tents, cars or otherwise. 

ADVICE 

a) There are a number of other authorities from which approval 

must be gained prior to operating a motorsport event on a 

public airport, including but not limited to: 

Civil Aviation Safety Authority (CASA); 

Australian National Drag Racing Authority (ANDRA); 

Confederation of Australian Motor Sport (CAMS); 

NSW Government Office of Communities – Sport & 

Recreation; 

Council‟s Infrastructure department and its Aerodrome 

Operation Support (AOS) consultant. 

Any action that is needed to gain any such approvals is the 

sole responsibility of the applicant/event organiser. 

b) Further information and online registration of food stalls and 

premises can be found at www.foodauthority.nsw.gov.au 


c) Council‟s agreement to provide owners consent to the lodging 

of any Development Applications to permit additional future 

events will be contingent upon compliance with the terms of 

this consent. 

B 

That the objectors be notified of Council‟s decision. 

A Division resulted in the following votes. 

F = Voted For 

A = Voted Against 

Campbell F Green F Gribbin F Kesby A 

Morris A Patterson F Saul A Williams F 

Director Sustainable Environment Recommendation: 

A 

That consent be granted subject to the following conditions: 


1 This consent permits the use of the Airport to conduct one (1) only 

event. This consent is valid for a period of two years from the date of 

consent. A separate application will be required to conduct any 

additional event. 

2 The development shall be implemented in accordance with the plans 

and supporting documents set out in the following table except 

where modified by any conditions of this consent. 


Document 


Layout Plan (Project No. 

1855/11) Sheet No. S01 

in set [01] 

Issue 2 

Dennis 

Partners 

20/04/11 




3 All building work must be carried out in accordance with the 

requirements of the Building Code of Australia as in force on the 

date the application for the relevant construction certificate or 

complying development certificate was made. 



187 or 188 of the EPA Regulation 2000, subject to the terms 

of any condition or requirement referred to in clause 187 (6) 

or 188 (4); or 



4 The event approved under the terms of this consent is limited to a 

single drag racing event, being not more than one (1) day only. 

The event is restricted to be between 9:00am and 3:30pm. A noise 

free period between 12.00noon to 1.00pm shall be observed. 

All buildings (temporary or otherwise) and/or works associated with 

the development are to be removed from the land immediately upon 

the expiration of this period, up to a maximum of two (2) days after 

the event. The event operator must return the landform of the 

subject land to the predevelopment state and suitably re-vegetate 

and regrade the land. 

5 Any vehicle participating in any racing event or accessing the airport 

runway for any reason must be a C-Class vehicle road registered by 

the NSW Roads & Maritime Service (RMS). 

Vehicles which are not C-Class or do not hold a current RMS road 

registration (such as purpose built dragsters) are permitted on the 

site for the purpose of visual display (i.e. “show and shine”) events 

only. 

6 A separate application is to be submitted to, and approved by, 

Council prior to the erection of any advertisements or advertising 

structures, other than those approved by this consent or permitted 

without the consent of Council. 

7 Council shall be notified in writing of the proposed date of the drag 

racing event not less than three (3) months prior to the drag racing 

event. The event shall not proceed unless Council has provided its 

written agreement that all relevant conditions of this consent have 

been met and that the nominated date is acceptable. 

8 Prior to the commencement of the drag racing event, evidence shall 

be provided to Council indicating that public liability insurance cover 

for a minimum of $20,000,000 has been obtained. Council shall be 

nominated as a co-insured party on the policy and must provide its 

written agreement confirming that Council is adequately covered 

against any claim for liability, prior to agreeing to permit the event 

to proceed. 

9 Submission of a detailed Plan of Management (in a single 

document) to Council not less than three (3) months prior to the 

nominated date of the event incorporating the means of complying 

with all conditions of consent including the following: 

c) An Event Management Plan including the installation, operation 

and decommissioning providing for the following: 

xiii) 

Measures to prevent potential conflict with aircraft and air 

traffic, whether taking off or landing, ensuring aircraft and 

air traffic is given priority. In this regard, it will be 

necessary to provide the written advice from Civil Aviation 

Safety Authority (CASA) that such measures are 

satisfactory. 


xiv) 

xv) 

xvi) 

xvii) 

Details of how the event will be managed, including how 

the races are to be conducted and how it is proposed to 

protect the safety of competitors, officials and spectators. 

In this regard it will be necessary to provide the written 

advice from Australian National Drag Racing Authority 

(ANDRA) that such measures are satisfactory. 

Details of spectator management measures, including 

provision of adequate portable toilet facilities (not less 

than 15), security, traffic and parking control, seating, first 

aid, provision of drinking water, lost children, etc.); 

Details of Vendor and stall management including exact 

numbers and locations, including the written advice of the 

NSW Food Authority that all relevant requirements have 

been met. The applicant/proponent shall ensure that stalls 

selling food comply with the requirements of the “Food 

Handling Guidelines for Temporary Events”. This includes 

the free drinking water which is to be provided by the 

event operator. 

Any drinking water shall comply with Australian Drinking 

Water Guidelines and the Food Act 2003. Specific details 

on the supply and/or botting of the water shall be provided 

to and approved by Council prior to the commencement of 

the event; 

xviii) Proof of receipt of all licenses and approvals from other 

agencies and organisation; and 

xix) 

xx) 

xxi) 

xxii) 

A contingency plan in the event of heavy rain. 

Details indicating that access and facilities for persons 

with disabilities are in accordance with AS 1428.1 - Design 

for Access and Mobility and Part D3 of the Building Code of 

Australia. 

Details of the means of ensuring that the maximum 

number of spectators is limited to not more than two 

thousand (2,000) people. 

Details of the means of separating spectators from other 

areas or the airport. 

AND 

xxiii) Details on the keeping of a complaints register which shall 

be kept and maintained by the proponent/applicant and be 

available for viewing by an Authorised Officer of Council 

upon request. All complaints must be recorded in the 

register and must include relevant details such as the 

nature of the complaint, time, date and person making the 

complaint and contact details of person making the 

complaint. 

xxiv) Details of the number and location of security staff. 


d) An Emergency Management Plan endorsed by ANDRA detailing 

emergency measures (including preventative and response) for 

not less than the following emergency situations: 

viii) 

ix) 

Injury (both minor and serious) to any person (including 

competitors, spectators, staff and volunteers) and First 

Aid; 

Accidents/crashes of vehicles during races; 

x) Spillage and clean-up procedures for all fuels, oils and any 

other chemicals stored on the site; 

xi) 

Localised fire and explosion (i.e.: car fires, oil and fuel 

fires, stall fires, garbage fires, etc., and explosions 

whether or not resulting from such fires); 

xii) Bush fire in accordance with Planning for Bushfire 

Protection 2006; and 

xiii) 

xiv) 

Storage of fuel including design and installation of any fuel 

tanks and their bunding/spill containment in accordance 

with AS1940, AS4452, and the requirements of the NSW 

WorkCover Authority. 

The Emergency Management Plan shall provide for the 

following emergency services to be onsite for the duration 

of the event: 

NSW Police Force; 

Ambulance Service of NSW; 

NSW Rural Fire Service. 

AND 

c) A Waste Management Plan prepared in accordance with the 

Department of Environment and Conservation guidelines Waste 

Wise Events Guide. The plan must incorporate: 

v) Measures to separate recyclable materials and describe 

the methods for collection of waste containers from the 

site; 

vi) 

vii) 

viii) 

Measures to address post-event waste management on the 

runway to remove any foreign objects; and 

Measures to address post-event waste management within 

the road reserves of Old Aerodrome Road and Airport 

Road. 

Details for an on-site garbage storage area to be located 

so as to be readily accessible from within the site and 

serviceable by the waste collector from the adjoining road. 

AND 


di) A Traffic Management Plan prepared by a suitably qualified 

person and endorsed by the Local Traffic Committee, detailing 

the proposed treatment of traffic at the following intersections: 

vi) 

vii) 

viii) 

ix) 

Armidale Road / Sherwood Road intersection; 

Sherwood Road / Old Aerodrome Road intersection; 

Sherwood Road / Airport Road intersection; 

Old Aerodrome Road driveway into the site; and 

x) Airport Road driveway into the site. 

e) The Traffic Management Plan must have consideration for: 

vii) The “Special Events Transport Management Plan” 

requirements of the RTA’s “Guide to Traffic & Transport 

Management for Special Events, Ver.3.4, 2006” for a Class 

3 event; 

viii) 

ix) 

Local traffic not associated with the drag racing event; 

Method of restricting parking on Council‟s road reserves in 

the area; 

x) The impacts of the traffic increase based on the maximum 

number of patrons permitted to attend the event, being 

2000 spectators plus competitors and officials; 

xi) 

xii) 

Variances in treatments dependant on time of day (i.e. 

traffic heading towards the airport in the morning and 

back towards Kempsey in the afternoon); and 

Appropriate signage to advise road users of the event and 


AND 

f) A Carparking Management Plan prepared by a suitably qualified 

person detailing: 

vi) 

vii) 

viii) 

ix) 

Vehicular access; 

Parking arrangements; 

Turning circles/manoeuvring within the site in accordance 

with AS2890.1.; 

Provisions for direction by marshals on the day; and 

AND 

x) Methods of ensuring all spectator, participant and staff 

vehicular parking is confined to the parking area within the 

site and not on either Airport Road or Old Aerodrome Road. 


g) A Noise Monitoring Plan prepared by a suitably qualified person 

detailing: 

vi) 

vii) 

viii) 

ix) 

The method for determining background noise levels and 

operational noise levels at the closest affected residences 

on Airport Road and Old Aerodrome Road. 

The means for ensuring engine tuning, warm-up and/or 

revving of vehicle engines will be strictly controlled and 

limited to that required for each upcoming race only with 

no running or revving of engines for show or display 

purposes. 

The means for ensuring that all competing vehicles have 

mufflers which meet the Confederation of Australian Motor 

Sport noise specification and that the noise levels 

generated by each competing vehicle meets Australian 

National Drag Racing Association noise limits. 

The means for ensuring that the use and operation of the 

Public Address (P.A.) system is limited to announcements 

about race events and emergency/procedural 

announcements only. 

x) Provisions for a noise report prepared by a suitably 

qualified person which details the results of the noise 

monitoring conducted during the event to be forwarded to 

Council within twenty-eight (28) days after the event. 

The event shall not proceed unless Council has provided its written 

advice that the Plan of Management is satisfactory. 

The event shall be strictly in accordance with the approved Plan of 

Management. 

10 Prior to the commencement of the drag racing event a Dilapidation 

Report prepared by a suitably qualified person shall be provided to 

Council detailing the pre-event condition of the runway pavement, 

wearing course, associated infrastructure north-east of the taxiway, 

access point off Old Aerodrome Road, main Airport access road, 

terminal parking area, spectator parking area and competitor 

staging area. The report shall include photographs. This report shall 

have regard in particular (but not limited to) the existing state of 

the grooves in the AC pavement and the existing smoothness for the 

existing runway. This report shall be prepared at no cost to Council. 

11 Within fourteen (14) days of the event a Dilapidation Report 

prepared by a suitably qualified person shall be provided to Council 

detailing the post event condition of the runway pavement, wearing 

course, associated infrastructure north-east of the taxiway, access 

point off Old Aerodrome Road, main Airport access road, terminal 

parking area, spectator parking area and competitor staging area. 

The report shall include photographs. This report shall have regard 

in particular (but not limited to) the existing state of the grooves in 

the AC pavement and the existing smoothness for the existing 

runway. This report shall be prepared at no cost to Council. 


12 The proponent shall be responsible for the repair of any damage to 

the airport runway, any other airport infrastructure, roads, kerb and 

gutters, footpaths, driveway crossovers or other assets caused as a 

result of the drag racing event. In this regard, a cash bond of 

$250,000 must be paid to Council prior to the commencement of the 

drag racing event as guarantee against damage to Council land and 

infrastructure during the drag racing event. 

This bond will be held until Council is satisfied that the 

infrastructure is maintained/repaired to pre-development 

conditions and that no further work is to be carried out that may 

result in damage to Council‟s infrastructure. 

13 Prior to the commencement of the drag racing event the event 

manager shall pay the following fees to Council: 

a) Daily rental for the usage of the aerodrome of $2,000 per 

event day; 

b) $500 towards the cost of staff to monitor the event; and 

c) Any other fees required to cover the cost of any Council 

equipment, including but not limited to, signage, barricades 

and rubbish bins. 

14 Prior to the commencement of the drag racing event a physical 

barrier is to be provided across the full road frontage of the property 

to Old Aerodrome Road suitable to prevent vehicular access at 

locations other than the approved driveway. Prior consent for the 

required works must be obtained from Council pursuant to Section 

138 of the Roads Act 1993 where works within the road reserve are 

necessary. Any required application is to be submitted to Council not 

less than 3 months prior to the nominated date of the event. 

15 All properties immediately adjoining the subject land which have a 

dwelling are to be given written notice of the nominated date of the 

approved event at least four (4) weeks prior to staging of the event. 

Copies of correspondence are to be provided to Council. 

16 No burn-outs shall be permitted at any time. 

17 No alcohol shall be permitted to be possessed or consumed for the 

duration of the event. 

18 Any and all temporary structures shall be erected in accordance with 

any relevant standard and shall be certified by a structural engineer 

prior to its use. 

19 Sediment and erosion controls shall be installed in accordance with 

Council‟s Guidelines for Sediment and Erosion Control to capture and 

filter all stormwater draining from all areas disturbed by this event. 

Energy dissipaters shall be installed to prevent the treated 

stormwater from souring and eroding the outlet points. These 

sediment and erosion controls shall be left in place until all areas are 

stabilised by vegetation. One all areas have been stabilised these 


sediment and erosion controls shall be removed at no cost to 


20 No liquids of other materials shall be applied to the runway at any 

time. This includes, but is not limited to, any material used to 

increase or decrease grip or traction, such as chemical traction 

compounds. 

The only exception to this requirement is liquids or materials applied 

specifically for the purpose of cleaning the surface of the runway 

(such as sand on oil and fuel spills) and then only strictly in 

accordance with the approved Emergency Management Plan. 

21 Any existing tenant of the Airport or any other person accessing the 

airport for aircraft related purposes shall not be charged for entry, 

or prohibited entry, to the airport grounds. Such persons must be 

admitted to the site free of charge. The means of identifying such 

persons shall be provided to Council not less than 3 months prior to 

the nominated date of the event. 

22 Spectators and participants shall be restricted to the hatched area 

shown on the approved plan marked “mowed area – access 

permitted”. This area shall be physically separated from the 

remainder of the airport grounds for the duration of the event. No 

spectators or participants shall be permitted in any other area of the 

airport at any time. 

23 Overnight accommodation is not permitted on the site, including 

camping in tents, cars or otherwise. 

ADVICE 

a) There are a number of other authorities from which approval 

must be gained prior to operating a motorsport event on a 

public airport, including but not limited to: 

Civil Aviation Safety Authority (CASA); 

Australian National Drag Racing Authority (ANDRA); 

Confederation of Australian Motor Sport (CAMS); 

NSW Government Office of Communities – Sport & 

Recreation; 

Council‟s Infrastructure department and its Aerodrome 

Operation Support (AOS) consultant. 

Any action that is needed to gain any such approvals is the 

sole responsibility of the applicant/event organiser. 

b) Further information and online registration of food stalls and 

premises can be found at www.foodauthority.nsw.gov.au 

c) Council‟s agreement to provide owners consent to the lodging 

of any Development Applications to permit additional future 

events will be contingent upon compliance with the terms of 

this consent. 

B 

That the objectors be notified of Council‟s decision. 


RECOMMENDATION IMPLICATIONS 

Environmental: The environmental impacts of the proposal (noise, traffic, etc.) 

are within all acceptable limits if managed correctly. 

Social: The proposal has the potential to provide a positive social benefit to the 

community associated with economic stimulus and increased tourism. 

Economic (Financial): The drag racing event has the potential to attract tourists 

who will spend money at local businesses, particularly food and accommodation 

businesses estimated at approximately $288,000. Council will receive $2,000 per 

day in airport leasing fees to host the event. 

Policy or Statutory: The proposal complies with all relevant legislation and Council 

policy. 

REPORT DETAILS 

Proposed Development 

The original proposal was to hold a 1/8 th mile drag racing event, 4 times per year. 

The original plans provided for the following: 

4 x drag races per year; 

The use of the apron/taxi area for the return of the drag cars; 

The use of the grass strip for cars to return to the pit area; 

The runoff area extended passed the taxi area, 300m passed the finish line; 

and 

A spectator area with access from Airport Road. 

As a result of consultation with the existing users of the airport and Council and 

having regard to the matters raised by the public in submissions, on 15 March 2011 

the applicant modified the proposal. This modification removes the necessity to use 

either the apron/taxi area or the grass strip for the event and relocates the parking 

and spectator areas to the north with access off Old Aerodrome Road. This is 

primarily to allow for the current and any potential users of the airport to access 

the main runway and the grass strip as necessary. The plans were modified again 

on 28 April 2011 to include the placement of ground marshals, witches hats and 

other safety markings. 

In order to address the concerns relating to the feasibility of conducting drag racing 

without the need to close the airport, the drag races will be restricted to the 

extreme north eastern end of the airport runway, leaving sufficient runway for 

planes to take-off and land on the south western end, of the airport runway (See 

“Airport Regulations”) (Appendix A - Page SE1). 

At no time will the airstrip be closed to air traffic. 

The proposed event will include drag races, show-and-shine cars (which do not 

race), food stalls and other car-related product stalls. The operators will also supply 

toilets, rubbish bins, a stall with free drinking water, security personnel, safety 

marshals, etc. Public carparking will be available via access from Old Aerodrome 

Road, only competitors will have access to the site via Airport Road. The proposed 

event will be a strictly “no alcohol” event. The applicant proposes to race “road 

legal” cars only. Purpose built “dragsters” will not be permitted to race. 


The proposed drag races will be restricted to the north-eastern end of the runway. 

The airport will NOT be closed to air traffic during the proposed event, both private 

and emergency aircraft will be permitted to take off and land as normal. When a 

plane is coming in to land or taxiing out for take-off the drag races will be required 

to cease until the take-off/landing is complete. Conditions are recommended that 

will ensure that the proposal means to permit take-off and landings meet CASA 

requirements (See Airport Regulations). 

Heads of Consideration 

The matter has been assessed in accordance with the Heads of Consideration as 

identified by Section 79C (1) of the Environmental Planning and Assessment Act 

1979, with the following matters of particular relevance. 

Kempsey Local Environmental Plan 1987 

The proposal is within the 1(a1) (Rural "A1" Zone). The proposal may be defined as 

a “recreation area” which is permissible with consent. 

The proposed drag racing event is consistent with the objectives of the 1(a1) Rural 

Zone, as follows: 

(a) 

(b) 

(c) 

Zone 1(a1) objectives 

Predominantly to provide for 

agricultural uses; 

To preserve the visual amenity of the 

land; and 

To provide for compatible tourist and 

industrial uses. 

Does proposal comply with objective? 

The proposed event is a co-location of uses on 

the existing airport which has limited 

agricultural potential. 

The proposal will not be visually intrusive or 

block significant views. 

The proposal has the potential to generate 

tourism in the Shire for the duration of the 

event which is likely to have a flow-on financial 

stimulus for local businesses. 

Clause 41 of the KLEP 1987 addresses development near aerodromes, however the 

proposal is not a type of development listed and so Clause 41 does not apply. 

Clause 56 of the KLEP 1987 requires Council to consider the impacts of the proposal 

on any acid sulfate soils. The site contains Class 5 acid sulfate soils and the 

proposed event requires no excavation works, therefore no acid soils will be 

disturbed. 

State Environmental Planning Policy (Rural Lands) 2008 

Apart from residential uses, neighbouring properties are generally used for lowscale 

cattle grazing and fodder cropping. The proposal will not conflict with any 

adjoining agricultural industry. 

State Environmental Planning Policy (Temporary Structures) 2010 

The proposed event will include stalls and other temporary structures. The 

proposed temporary structures comply with the SEPP, as follows: 

Sanitary facilities are proposed as part of the event and required as part of 

the Event Management Plan; 


The erection of the temporary structures will not affect any known heritage 

item; and 

The hours of operation will be limited to those of the event and all temporary 

structures are only permitted to remain on the site for the duration of the 

proposed event, and appropriate conditions of consent have been 

recommended. 

North Coast Regional Environmental Plan 1988 

Clause 2B of the North Coast Regional Environmental Plan (NCREP) (now a Deemed 

SEPP) requires the aims and objectives of the NCREP to be considered during the 

determination of development applications. The proposed development is consistent 

with all relevant objectives and controls of the NCREP, as follows: 

Agricultural Resources: 

The proposed development is within the 1(a1) (Rural "A1" Zone) and, as 

such, its effect on existing agricultural resources must be considered. It is 

considered that given the duration of the event, the impacts of the proposed 

development will not limit the productive potential of any agricultural land or 

create a conflicting land use issue with any existing agricultural activity. 

The Natural Environment: 

The proposed development does not involve the clearing of any native 

vegetation or have any known impact on the ecological values of the site. 

The proposal will not be visually intrusive or block significant views. 

Transport: 

The road system to the site, and parking at the site, is considered 

appropriate for the size of the proposed event. 

The proposal is at an existing airport and it is considered that any safety 

concerns will be minimised (See “Traffic and Parking”). 

Tourism: 

The proposed event has the potential to attract tourism to the area. The 

proposed event complies with the tourism objectives, as follows: 

- The proposed event will complement existing man-made features and 

be of positive benefit to the region‟s economy; 

- The proposed event will encourage tourism without degrading important 

environmental or agricultural features of the region; and 

- The proposed development is located to benefit from existing transport 

services, physical infrastructure, and the urban facilities of Kempsey. 

State Environmental Planning Policy (Infrastructure) 2007 

The application was referred to the Roads and Maritime Service (RMS) under Clause 

104 and Schedule 3 of SEPP (Infrastructure) 2007. The RMS recommends: 

Council identify the maximum number of vehicles expected to attend the 

event and consider the potential impact of the safety and efficiency of the 

surrounding road network. 


Council identify the local roads and intersections directly impacted by the 

proposed event. 

A „Special Event Transport Management Plan‟ be prepared in accordance 

with the RTA‟s „Guide to Traffic & Transport Management for Special Events, 

Ver.3.4, 2006‟ (template provided on p.84), which addresses the relevant 

requirements for a Class 3 event (a copy is included for your reference). The 

plan should be approved by Council and NSW Police prior to the proposed 

event commencing. 

Appropriate signage should be erected to advise road users of the event and 


(Appendix B - Page SE2) 

Conditions of consent are recommended to address RMS requirements (See 

Condition 9(d)). 

Ownership 

In 1993 the Department of Transport and Communications transferred ownership of 

the Kempsey Aerodrome to Kempsey Shire Council under a Deed of Transfer. 

Nothing in the Deed of Transfer prevents the use of the Airport for non-Airport 

uses. (Appendix C - Page SE4). This was further clarified by letter of 13 January 

2004 from the Federal Department of Transport and Regional Services (Appendix 

D - Page SE5). 

Economic Benefit to the Community 

The proposal has the potential to generate tourism in the Shire for the duration of 

the event which will have a flow-on financial stimulus for local businesses. 

The REMPLAN program accessed by the Regional Development Australia estimates 

the event will inject at least $288,000 into the local community. 

Traffic and Car Parking 

Roads and intersections leading to the proposed event have been assessed by 

Council‟s engineers and are considered appropriate for the event without the need 

for upgrade given the scale involved. 

Public carparking is to be provided onsite, accessible from Old Aerodrome Road. 

Only competitors will have access to the site via Airport Road. No parking will be 

permitted on any Council roads in the area. Recommended conditions require the 

applicant to install bunding or tape on the road reserves to restrict parking to the 

designated areas on the site. (See Condition 9(e)(iii)). 

Noise 

The proposed drag racing event will generate noise, primarily by the drag cars 

during a race. The applicant has submitted a noise report which provides 

assessment of the impacts of the proposed drag racing event on the nearby 

dwellings. The following is a summary of the results: 

Approximately eighty (80) races are proposed and each race lasts for 

approximately 30 seconds. This is a total of forty (40) minutes of race time 


over the event day (from 9:00am to 3:30pm). All vehicles must be fitted with 

mufflers rather than open exhaust pipes and pre-race burnouts are prohibited. 

There are a number of noise receivers in the area, including dwellings on 

Airport Road and Old Aerodrome Road, the closest of which are approximately 

four-hundred (400) metres and five-hundred (500) metres from the runway 

respectively. 

The background noise level in the area is 30dBA and the noise generated by 

the vehicles is expected to be 98dBA (at 30m). The report calculates that 

when two (2) vehicles are racing simultaneously the noise level at the closest 

dwelling (400m) will be 73dBA by distance attenuation. 

The noise level of 73dBA at the closest dwelling is 43dBA above background 

(73dBA – 30dBA = 43dBA). 

For infrequent events higher increases above background noise are deemed to 

be acceptable (Noise Guide for Local Government – page 62). In this case, 

43dBA above background would be acceptable so long as the event was only 

held a maximum of three (3) times per year. 

It is recommended that noise monitoring be required to be undertaken during the 

event (See Condition 9(g)). The results of the noise testing will be a leading factor 

in the consideration of any future development application for drag racing events at 

this site. 

Air Pollution 

The closest neighbouring dwellings are approximately four-hundred (400) metres 

away from the runway. Given that only a small number of “road legal‟ cars will have 

their engines running at any one time (those racing or warming up to race) it is 

considered air pollution would be no greater than that generated by road use and, 

as such, would not significantly impact on neighbours. 

Disposal of Waste (Rubbish & Effluent) 

A Waste Management Plan is recommended as a condition of consent which must 

be prepared in accordance with the Department of Environment and Conservation 

(DEC) guidelines Waste Wise Events Guide and approved by Council prior to the 

event. 

No less than fifteen (15) portable toilet facilities will be required to be provided 

onsite. Sufficient toilet facilities, including disabled facilities, will be available to all 

competitors and spectators (See Condition 9(c)). 

Crime Prevention through Environmental Design principals 

Any event, including a motorsport event, has the potential to generate some crime. 

To reduce this impact the applicant has proposed the following: 

a) The event be fully alcohol free with bag and esky checks at the gate. 

b) The proposed spectator access is off Old Aerodrome Road at the far eastern 

side of the site, and spectators will be restricted to that area, with the active 

runway blocking them from the airport buildings and aircraft parking areas. 

As such, theft or vandalism of airport infrastructure or private property at 

the airport would be difficult and is considered unlikely; 


c) Security will be provided for the duration of the event at the full cost of the 

applicant and is included in recommended conditions of consent (See 

Condition 9(a)(xii)); and 

d) The recommended conditions of consent require the applicant to arrange 

Police presence for the duration of the event at no cost to Council. 

Given the above factors and the location of the event it is considered that crime 

related issues can be adequately managed. 

Safety 

It is considered sufficient safety management systems can be developed and 

implemented during the event to ensure any safety issues will be minimised. 

ANDRA provides an extensive list of rules and regulations in relation to refuelling, 

oil leaks, fire hazards and fire safety, including the requirement that all vehicles 

must have a fire extinguisher on board, which is recommended for inclusion in an 

Event Management Plan (See Condition 9(b)). 

Emergency Services 

The applicant has proposed to have ambulance, fire and police services present 

onsite for the duration of the event so as to be immediately available in the event 

of an accident. It will be the responsibility of the applicant to organise and finance 

the presence of these services which is included in recommended conditions of 

consent (See Condition 9(b)(vii)). 

Airport Regulations 

It is intended to maintain the use of the airport for aircraft concurrently with the 

proposed drag racing events. In order to facilitate this, the drag races will be 

restricted to the extreme eastern end of the airport runway, leaving sufficient 

runway for planes to take-off and land on the western end, of the airport runway. 

As a result the „threshold‟ will be displaced as required by CASA (Appendix E - 

Page SE6). This is where the markings on the air strip will be modified by the 

applicant to direct air traffic from the air; these will be reversed once the event is 

completed. 

The airstrip will NOT be closed and planes will be able to take off and land, however 

if necessary the drag area will be able to be cleared within 90 seconds to cater for 

emergency or larger air craft. The following procedures will be used on confirmation 

of air craft movement (movement can be either visual or via the CTAF 118.9 – 

either in plane or hand held): 

Steps Procedure Responsible person 

1 Aerodrome Reporting Officer will acknowledge aircraft 

movements and inform pilots of the following: 

That there is an event in progress 

The runway 0422 is available of use; 

and runway threshold 22 has been displaced 

2 Inform race control that the racing is to stop until given 

the “ok to proceed” by the Aerodrome Reporting Officer. 

This is done by radio contact between the Race Control 

and the Aerodrome Reporting Officer. 

Aerodrome Reporting 

Officer (CASA 

accredited) 


Officer 


Steps Procedure Responsible person 

3 Race control is to stop the race immediately; all vehicles 

are to hold position and all individuals are to vacate the 

runway and approaches. If a large aircraft wish to land 

or in the unlikely event that an aircraft wants to 

undertake an emergency landing, all vehicles, 

equipment and individuals are to vacate the air strip. 

Sufficient staff, pre-event training and the easy 

relocation of race cars and witches-hat markers will 

mean this can occur in 90 seconds. 

4 Race control is to inform the Ground Marshals that an 

aircraft is intended to enter the movement area. 

Race Control 

Race Control 

5 Ground Marshals are to close all vehicle access points Ground Marshals 

6 Once the aircraft movement ceases, give Race Control 

the “ok to proceed”. 


Officer 

NOTAM (Notice to Airmen) will be issued and emergency services (such as Air 

Ambulance) will be separately notified prior to the event. All costs will be borne by 

the applicant (See Condition 9(a)(i)). 

Regulatory Authorities 

The safety measures implemented for the proposed event will be administered by a 

number of regulatory bodies, including: 

Kempsey Shire Council 

Council, as owners of the Kempsey Airport asset, have liaised with the Council‟s 

aerodrome consultant Aerodrome Operation Support (AOS). Comments on safety 

and the likely lease requirements may be summarised as follows: 

a) Need to conduct an inspection and provide a report of the runway 

pavement and wearing course north of the taxiway, prior to and after 

the event by a qualified road expert approved by Council (See Conditions 

10 & 11); 

b) Provision of a security bond of $250,000 (cash amount) to cover costs 

of any necessary repair to the runway wearing course and/or pavement 

(See Condition 12); 

c) Pay fees in association with: 

- The preparation of an Aerodrome Traffic Management Plan by a 

consultant approved by Council (See Condition 9(d); 

- Daily lease fee for the usage of the aerodrome of $2,000 per day 

(See Condition 13(a)); 

d) Provide Public Liability cover for the event of $20,000,000 (See 

Condition 8); 

e) Provide a Detailed Event Management Plan that includes emergency 

management & evacuation procedures (See Condition 9); and 

f) Complete an airside vehicle authorisation application for event vehicles 

airside (See Conditions 9(a)(ii) and 9(f)). 

Kempsey Shire Council FULL TEXT Minutes Ordinary Meeting 25 September 2012 Page 25

Civil Aviation Safety Authority (CASA) 

CASA administer civil aviation safety and were contacted by Council during the 

processing of the Development Application. CASA does not object to the 

application, pending attached conditions that may be summarised as follows: 

a) Temporary displacement of the threshold, RWY 22 threshold displacement of 

approximately 640m. Aerodrome remains open with restricted operations; 

b) Preparation of a Traffic Management Plan for the proposed drag racing 

event; 

c) Consult well in advance with Air Ambulance (RFDS) and GA operators, and 

alert Port Macquarie and Taree operators; 

d) Survey to identify any additional obstacles (refer to Manual of Standards 

Part 139 paragraph 8.3.9.2); 

e) Obscure existing threshold and runway designation number markings (refer 

to Manual of Standards Part 139 Paragraph 8.3.9.6 for threshold 

displacement by more than 450m); 

f) Ensure that the witches hats (“totals finish” on the plans) are placed at the 

correct distance to protect RWY 04 Take-off surface and 22 Approach 

Surface of any intrusions (please refer to note A 1 on the plan which limits 

objects to 4m); 

g) Aerodrome reporting officer or a work safety officer must be present at all 

times during the event; 

h) NOTAM (Notice to Airmen) must be issued not less than 48 hours before the 

event; 

i) Signal area and unserviceability markings are to be in place as per plan; and 

j) Serviceability inspection is required after the event (See Condition 9(a)(i)). 

Australian National Drag Racing Association (ANDRA) 

ANDRA must approve and licence any proposed drag racing event in Australia and 

have standards that must be met prior to any vehicle competing in a drag racing 

event. There will be ANDRA certified officials present during the event who will be 

responsible for the certification of all vehicles prior to racing. All drivers must have 

an ANDRA Divisional Licence to be eligible to race. Any vehicle that does not meet 

ANDRA requirements will not be permitted to race. 

Under ANDRA‟s Substance Abuse Policy random drug and alcohol testing can be 

conducted on drivers, crew members, contractors, employees and volunteers. Any 

such person found to be under the influence will be excluded from the completion, 

and may be fined or banned for up to three (3) years. 

In addition, ANDRA licensed events are covered by ANDRA public liability insurance 

of $50,000,000 (See Condition 9(a)(ii)). 

NSW Government Office of Communities - Sport and Recreation 


Under the Motor Vehicle Sports (Public Safety) Act 1985 all motorsports events 

must be approved by the NSW Office of Communities. Prior to the running of the 

proposed drag racing event such an approval must be obtained by the event 

organiser (See Advice (a)). 

Examples of Drag Racing Events at Other Airports: 

There are a number of examples of other Councils which run drag racing events on 

their local airport runways, including: 

- Alice Springs Town Council – Alice Springs Airport 

- Ballarat City Council – Ballarat Airport 

- East Gippsland Shire Council – Bairnsdale Airport 

- District Council of Loxton Waikerie – Waikerie Airport 

- East Gippsland Shire Council – Bairnsdale Aerodrome 

- Glen Innes Severn Council – Glen Innes Airport 

- Gunnedah Shire Council – Gunnedah Airport 

- Leeton Shire Council – Leeton Airport 

- Richmond Valley Council – Casino Airport 

Research has been conducted and a number of these Councils have been contacted, 

the results of which vary. For example, drag racing events have been held at 

Gunnedah, Ballarat, Leeton and Alice Springs with no serious runway or 

infrastructure damage. However, drag racing has been conducted at Casino Airport 

during which the runway has been damaged. It is noted that the Casino event 

included powerful vehicles such as purpose built dragsters which will not be 

permitted at the proposed Kempsey event. 

Conclusion: 

The evidence suggests that lower powered cars will not cause significant damage to 

the airport runway pavement, whereas significant damage can occur if the vehicles 

are too powerful for the runway pavement. It is considered that permitting “road 

legal” cars only will minimise the risk of damage. As a contingency (and to cover 

misuse of the runway by the operator/competitor) a bond of $250,000 will be 

required to repair any unexpected damage with a pre and post dilapidation report 

required in recommended conditions of consent (See Conditions 10 & 11) 

Public Notification 

The application was advertised in accordance with Council Public Notification Policy 

on two separate occasions, between 18 January 2011 and 31 January 2011 and 

again on the 10 January 2012 to 23 January 2012 following amendments to the 

original proposal. A total of ninety-seven (97) submissions were received of which 

twenty-seven (27) were in support and seventy (70) were objections, including 

three (3) confidential objections. (Appendix F - Page SE8, part 2 - Page SE38, 

part 3 - Page SE126) 

Support: 

The letters of support raised the following points: 

1 It will not be noisy as most vehicles are street-legal, not as loud as 

aeroplanes. 

2 Positive economic impact in the area. 


3 Holding the event at Kempsey airport would provide a local venue for a 

popular sport, which has a positive social impact. 

4 Powerful purpose built dragsters such as Top Fuel, Supercharged Outlaws 

and Funny Cars will not be permitted. 

5 The event will give people a place to drive fast and “blow off steam” so that 

they don‟t feel the need to do it on public roads. 

6 Drag racing is safe, crashes are rare. 

7 Other airports successfully host drag racing events. 

8 There has been a petition circulated with misleading information and many 

may have signed it under pressure. 

Objection: 

The letters of objection raised the following concerns: 

Objection Summary 

1 Noise from drag racing and the 

event in general. 

2 Event may interfere with 

emergency aircraft, such as the air 

ambulance, posing a danger to 

human life. 

3 Drag racing is not in character with 

the surrounding rural area, and will 

affect the amenity of the area and 

quality of life. 

4 Drag racing may conflict with 

agricultural enterprises in the area 

by causing stress to horses, cattle 

and other livestock. 

1 See “Noise”. 

Planning Comment 

2 The airport runway will remain open to 

air traffic for the duration of the event 

(See Airport Regulations) 

3 All likely impacts are considered to be 

within acceptable limitations. The 

recommended consent would allow one 

only event to allow the organisers to 

demonstrate that impacts can be 

effectively managed as expected. 

4 See “Noise”, “Air Pollution” and “State 

Environmental Planning Policy (Rural 

Lands) 2008”. Noise would be 

comparable with existing aviation and 4 

weeks notice to neighbours is included 

in recommended conditions of consent 

(See Conditions 15). 

5 Permissibility and zone objectives. 5 See “Kempsey Local Environmental 

Plan 1987”. 

6 There is a lack of parking facilities 

for participants and spectators. 

7 The road system is too narrow and 

not sufficient for the proposed 

event. 

6 See “Traffic and Parking”. 

7 The road system has been assessed as 

adequate and, a Traffic Management 

Plan has been recommended as a 

condition of consent to determine any 

additional requirements (such as 

signage, traffic wardens, etc.)(See 



8 Cars produce fumes and air 

pollution that may affect 

neighbours. 

9 Litter at the site and on nearby 

roads. Stormwater runoff and 

pollutants entering local 

watercourses. 

10 Potential damage to the runway 

and other airport infrastructure by 

drag racing cars. Responsibility to 

fix any damage. Insurance or a 

bond should be required. 

11 Other airports have held drag races 

which damaged the runway. 

12 Closure of the airport for the event, 

the Kempsey Aerodrome Deed 

1993 / Deed of Transfer require the 

airport to be open to air traffic at 

all times. 


Condition 9(d)). 

8 See “Air Pollution”. 

9 A Waste Management Plan is included 

in the recommended conditions of 

consent. An Emergency Management 

Plan which will address clean-up of 

spills and leaks is also is required in the 

recommended conditions of consent 

(See Condition 9(c)). 

10 A bond of $250,000 would be held by 

Council until any damage to airport 

runway and infrastructure is repaired 

by the drag racing event organisers 

(See Condition 12). 

11 The $250,000 bond and other lease 

conditions are considered sufficient to 

cover any damage which does occur 

(See Examples of Drag Racing Events 

at other Airports). 

12 The proposed drag racing will be 

restricted to the north-eastern section 

of the runway and will not prevent the 

use of the airport by air traffic (See 

Airport Regulations). 

13 Safety of the public. 13 Spectator positioning and barriers will 

be required in accordance with the 

ANDRA requirements as part of its 

licensing of the event (See Airport 

Regulations). 

14 Liability insurance would be 

required. 

15 The proposal may generate crime 

and vandalism. 

16 Spectators would bring alcohol and 

drink it onsite and on the way 

home. 

17 Will Council or NSW Police be 

undertaking drug and alcohol 

14 $20,000,000 public liability insurance is 

required in the recommended 

conditions of consent. In addition, the 

ANDRA licencing includes Public 

Liability cover of $50,000,000 (See 

Conditions 8 & 9(a)(ii)). 

15 See “Crime Prevention Through 

Environmental Design principals”. 

16 The event is proposed to be alcohol 

free, bag and esky checks will be 

conducted at the gates. See “Crime 

Prevention Through Environmental 

Design principals”. 

17 There will be a NSW Police presence at 

the event, however drug and alcohol 



testing? 

18 Concerns on required licensing of 

participants/drivers. 

19 If liquids are poured on the runway 

to increase traction it could be 

dangerous to aircraft if not 

removed. 

20 Foreign objects left on the runway 

may be hazardous to air craft. 

21 Potential health impacts on special 

needs residents, such as asthma 

and medical issues where loud 

noises can cause seizures. 

22 Need a guarantee of responsible 

and prioritized air traffic control by 

an appropriate person. 


testing of race participants is the 

responsibility of ANDRA. 

18 Drivers are required to be the holders 

of a current RTA issued drivers licence 

and an additional racing license issued 

by ANDRA. 

19 No liquid or material will be used on the 

runway, except to clean up oil and fuel 

spills (See Condition 9(b) & 20). 

20 The Waste Management Plan will 

include runway clean-up upon 

completion of the event (See Condition 

9(c)). 

21 See “Noise” and “Air Pollution”. 

22 All racing marshals are required to be 

ANDRA licensed/certified. 

23 The impact of noise and fumes on 

local wildlife and threatened 

species. 

24 Council should consider a trial 

event to gauge noise and traffic 

issues. 

25 Racing and motorsport events do 

not bring large amounts of money 

into the host area. 

26 The event may cause a reduction in 

property value near the airport. 

27 Concern that approval of the event 

may escalate to more frequent 

events. 

23 See “Noise” and “Air Pollution”. 

24 A trial event is proposed. Noise 

readings will be required to be 

undertaken during the trial event. 

Further development consent would 

need to be obtained prior to any further 

events taking place. 

25 See “Economic Impacts”. 

26 There is no evidence to support this 

claim which is unlikely as one only 

event is proposed. 

27 Any events beyond the single event 

proposed would be the subject of a 

separate Development Application. It is 

recommended that the applicant be 

advised that Council‟s acceptance of 

any Development Application would be 

contingent upon compliance with 

conditions relating to the trial event. 




28 Opening and closing times. 28 Time limits have been imposed under 

the recommended conditions of consent 

(See Condition 4). 

29 Night events would be 

unacceptable. 

30 Concern that the setup and 

decommissioning of the temporary 

structures needed for the event 

lead to longer delays then day of 

the event. 

31 If overnight camping is permitted 

on the site it will impact on the 

privacy of the local residents. 

32 Council should have the option of 

cancelling future drag racing 

events if the first one is not run 

properly. 

33 Existing tenants should not have 

restricted access. 

34 Alternative sites should be 

investigated. 

35 The submitted Risk Management 

Plan is generic. 

36 Lack of race meet details, no dates 

provided. 

37 There is only one (1) toilet at the 

airport, the event managers will 

need to provide more. 

38 The stakeholders group did not 

include all parties which may be 

29 Night events are not proposed nor 

permitted. 

30 Any set-up/decommissioning required 

prior to and after the event will be 

timed so as not to interfere with the 

runway until the day of the event. The 

area being utilised to the far east of the 

site is not currently utilised and as such 

will not interfere with any other 

activity. All items on the runway (such 

as witches hats) are easily set up and 

removed in a few minutes (See 

Condition 4). 

31 No overnight camping is proposed or 

permitted as part of this Development 

Application (See Condition 23). 

32 This Development Application is for a 

single event only (See Condition 1). 

33 Existing tenants and airport users will 

be permitted to use the hanger and 

runway facilities of the airport (See 

Condition 21). 

34 Council is required to consider the 

merits of the application at hand. 

35 A detailed Event Management Plan and 

Emergency Management Plan are 

required in the recommended 

conditions of consent (See Condition 

9). 

36 The Development Application is for a 

single event only. Notification to 

adjoining residents of the intended date 

four weeks in advance is a 

recommended condition of consent 

(See Conditions 7 & 15). 

37 The applicant has proposed to provide 

sufficient portable toilets to cater for 

the expected patronage (See 

Conditions 9(a)(iii)). 

38 Public consultation was undertaken in 

accordance with Council‟s Notification 



affected by the event. The Four 

Aces Drag Racing Club did not 

contact all local residents. 

39 The proposed car park needs to 

consider Section 53 of the Local 

Government (General) Regulation 

2000. 

40 The costs and licencing needed to 

race a car in an event limits young 

people from entering, so the 

argument that such events give 

people a place to dive fast and 

“blow off steam” so that they don‟t 

feel the need to do it on public 

roads is flawed. 

41 The character of people 

participating in drag racing, it will 

attract undesirable elements. 

42 There are more important projects 

to spend rate payer money on. 

43 There is no fencing between lease 

holders and the event. 

44 The application should not have 

been re-advertised. 


Policy. 

39 The carpark is not a “public carpark” 

within the meaning of the LG Act. 

40 This is not a consideration of the 

assessment of a Development 

Application under Section 79C of the 

EP&A Act 1979. 

41 There is no evidence to support such a 

claim. 

42 The event is not being funded by 

Council and will generate income to 

Council and the business community. 

43 The event area will be physically 

separated for the duration of the event, 

see recommended conditions of 

consent (See Conditions 9(a)(ii) & (x)). 

44 The application was re-advertised due 

to changes to the application. This is 

standard practice and in accordance 

with policy. 

Time-Limited Consent 

The proposal has the potential to adversely impact on the amenity of the 

neighbourhood by reason of noise, anti-social behaviour and traffic. The proposal 

also has the potential to adversely impact on the operations of the airport through 

the disruption to airport movements. 

The above assessment indicates that, subject to careful consideration, these 

impacts can be adequately managed. 

It is recognised that the ability to control potential impacts will be contingent upon 

the event being effectively managed. 

In this regard, it is recommended that a one only trial event be approved, subject 

to strict conditions intended to address potential impacts. Under the terms of 

consent, Council would need to be satisfied that the applicant has the capacity to 

conduct the event through the approval of a detailed Plan of Management. 

As owner of the land, Council reserves the right to refuse to allow the event if it is 

not satisfied with the required Plan of Management. 


1.2 Two Storey Dwelling File: T6-12-235 

1412 RBP 

SUMMARY 

Reporting that Council has received an application for a two storey dwelling for 

which objections have been received. 


Applicant: 

Subject Property: 

Zone: 

Mr W & Mrs S Perry 

Lot 95 DP1036461, 2 Grandview Place, South West 

Rocks 

2 (a) (Residential “A” Zone) 

Proposed Development 

Reporting that a Development Application has been received to build a two storey 

dwelling for which 3 objections have been received that requires a variation to 

Council‟s Height of Buildings Policy. 



A 

That Development Application T6-12-235 be approved subject to the 

following conditions: 


1 The development is to be implemented in accordance with the plans 

and supporting documents set out in the following table except where 

modified by any conditions of this consent. 


Document 


12-359 SH 1 / 1 Paul Smith Building 

Design 

24 August 2012 

12-359 sheets 1/2 

and 2/2 

A 

Paul Smith Building 

Design 

25 August 2012 




The approved plans and supporting documents endorsed with the 

Council stamp and authorised signature must be kept on site at all 

times while work is being undertaken. 

2 a) All building work must be carried out in accordance with the 

requirements of the Building Code of Australia as in force on 

the date the application for the relevant construction 


certificate or complying development certificate was made; 

b) In the case of residential building work for which the Home 

Building Act 1989 requires there to be a contract of insurance 

in force in accordance with Part 6 of that Act, that such a 

contract of insurance is in force before any building work 

authorised to be carried out by the consent commences. 



187 or 188 of the EP & A Regulation 2000, subject to the 

terms of any condition or requirement referred to in clause 

187 (6) or 188 (4); or 


3 Residential building work within the meaning of the Home Building 

Act 1989 must not be carried out unless the principal certifying 

authority for the development to which the work relates (not being 

the council) has given the council written notice of the following 

information: 

a) In the case of work for which a principal contractor is required 

to be appointed: 

i) The name and licence number of the principal 

contractor; and 

ii) The name of the insurer by which the work is insured 

under Part 6 of that Act. 

b) In the case of work to be done by an owner-builder: 

i) The name of the owner-builder; and 

ii) If the owner-builder is required to hold an ownerbuilder 

permit under that Act, the numbers of the 

owner-builder permit. 

If arrangements for doing the residential building work are changed 

while the work is in progress so that the information notified above 

becomes out of date, further work must not be carried out unless 

the principal certifying authority for the development to which the 

work relates (not being the council) has given the council written 

notice of the updated information. 

4 Construction shall comply with Mid Coast Planning for Bush Fire 

Report dated July 2012 AS3959-2009 (BAL 12.5) „Construction of 

Buildings in bushfire prone areas‟. 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO 

ISSUE OF ANY CONSTRUCTION CERTIFICATE FOR THE SITE 

5 A certificate from a professional Geotechnical Engineer is to be 

provided to the Principal Certifying Authority, certifying that: 

a) The design of the civil engineering works, including retaining 

walls and/or cut & fill batters, has been assessed as 


structurally adequate in accordance with the relevant 

Australian Standards; 

b) The civil engineering works will not be affected by landslip or 

subsidence either above or below the works; 

c) Adequate drainage has been provided with appropriate 

considerations given to groundwater constraints. 

6 The application for a Construction Certificate is to include plans and 

specifications that indicate retaining walls or other approved 

methods of preventing movement of the soil, where any excavation 

or filled area has been approved via this development consent to 

exceed 600mm in height. Adequate provision must be made for 

drainage in the design of the structures. 

7 The application for Construction Certificate is to include plans 

detailing building materials used. Specifically roofing materials must 

be low tone and non-reflective finish. Such plans and specifications 

must be approved as part of the Construction Certificate. 

8 The application for a Construction Certificate is to include plans and 

specifications that indicate the measures to be employed to control 

erosion and loss of sediment from the site. Control over discharge of 

stormwater and containment of run-off and pollutants leaving the 

site/premises must be undertaken through the installation of 

erosion control devices such as catch drains, energy dissipaters, 

level spreaders and sediment control devices such as hay bale 

barriers, filter fences, filter dams, and sedimentation basins. The 

sediment and erosion control plan is to be designed in accordance 

with the requirements of the Landcom Blue Book, “Soils and 

Construction - Managing Urban Stormwater”. 

The sediment and erosion control plan is to be prepared by a 

qualified practising Civil Engineer. The Civil Engineer is to be a 

corporate member of the Institution of Engineers Australia or is to 

be eligible to become a corporate member and have appropriate 

experience and competence in the related field. 

The plans must be in compliance with Council's current Council's 

Adopted Engineering Standard. Such plans and specifications must 

be approved as part of the Construction Certificate. 

9 Submit drawings that specify the constructions requirements 

contained within Midcoast Building and Environmental Bushfire 

Assessment Report dated July 2012. 

Construction of buildings in bushfire-prone areas - further details 

required. The application for a Construction Certificate is to include 

details indicating the construction of the building to Level BAL 12.5 

construction as defined in AS 3959-2009 - Construction of buildings 

in bushfire-prone areas. In addition, the plans must include the 

following: 

a) Window protection; 

b) Subfloor space enclosure; 

c) Fire-retardant/treated timber species to be used; and 


d) Vents and weepholes protection. 

Such plans and specifications must be approved as part of the 

Construction Certificate. 

10 The developer and/or contractor must produce evidence to the 

Principal Certifying Authority of public liability insurance cover for a 

minimum of $20 million. Council is to be nominated as an interested 

party on the policy. 

11 A Long Service Levy must be paid to the Long Service Payments 

Corporation prior to the issue of a Construction Certificate. This 

amount payable is currently based on 0.35% of the cost of the work. 

This is a State Government Levy and is subject to change. 

These payments may be made at Council‟s Administration Office. 

Cheques are to be made payable Council. 

12 Details are to be submitted to Council for approval for the disposal 

of the excavated material prior to the release of the Construction 

Certificate. 

13 The applicant is to nominate the haulage route for disposal of 

overburden, including where it is proposed to place the material and 

submit details to Council prior to release of the Construction 

Certificate. 

14 Submit engineering details of the pre-treatment storm water 

disposal system prior to issue of the Construction Certificate. 

15 Prior to the issue of a Construction Certificate, structural details 

and a Structural Certificate for Design by a qualified practising 

structural engineer and in accordance with Part 1.2 (a)(iii) of the 

Building Code of Australia (applicable to class 1 – 10 building) must 

be submitted with the construction certificate. 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO ANY 

BUILDING OR CONSTRUCTION WORKS COMMENCING 

16 All care is to be taken to ensure the safety of the public in general, 

road users, pedestrians and adjoining property. The public liability 

insurance cover, for a minimum of $10 million, is to be maintained 

for the duration of the construction of the development. Council is to 

be nominated as an interested party on the policy. Council is not 

held responsible for any negligence caused by the undertaking of the 

works. 

17 All Plumbing, Water Supply and Sewerage Works are to be installed 

and operated in accordance with the Local Government Act 1993, the 

NSW Code of Practice for Plumbing and Drainage and AS/NZS 3500 

Parts 0-5, the approved plans (any notations on those plans) and the 

approved specifications. 

18 Building work that involves residential building work (within the 

meaning of the Home Building Act 1989) must not be carried out 

unless the Principal Certifying Authority: 


a) In the case of work to be done by a licensee under that Act: 

i) Has been informed in writing of the licensee‟s name 

and contractor licence number; and 

ii) Is satisfied that the licensee has complied with the 

requirements of Part 6 of that Act, or 

b) In the case of work to be done by any other person: 

i) Has been informed in writing of the licensee‟s name 

and contractor licence number; and 

ii) Has been informed in writing of the person‟s name and 

owner-builder permit number; or 

iii) Has been given a declaration, signed by the owner of 

the land, that states that the reasonable market cost of 

the labour and materials involved in the work is less 

than the amount prescribed for the purposes of the 

definition of owner-builder work in Section 29 of that 

Act, and is given appropriate information and 

declarations under paragraphs (a) and (b) whenever 

arrangements for the doing of the work are changed in 

such a manner as to render out of date any information 

or declaration previously given under either of those 

paragraphs. 

Note: The amount referred to in paragraph (b) (iii) is prescribed by 

regulations under the Home Building Act 1989. As at the date on 

which this Regulation was gazetted that amount was $5,000. As 

those regulations are amended from time to time, so that amount 

may vary. 

A certificate purporting to be issued by an approved insurer under 

Part 6 of the Home Building Act 1989 that states that a person is the 

holder of an insurance policy issued for the purposes of that Part is, 

for the purposes of this clause, sufficient evidence that the person 

has complied with the requirements of that part. 

19 Erosion and sedimentation controls are to be in place in accordance 

with the approved Erosion and Sediment Control Plan. 

Additionally the enclosed sign, to promote the awareness of the 

importance of maintenance of sediment and erosion controls, is to 

be clearly displayed on the most prominent sediment fence or 

erosion control device for the duration of the project. 

Note: Council may impose on-the-spot fines of up to $600 for noncompliance 

with this condition. 

20 Toilet facilities are to be provided, at or in the vicinity of the work 

site of one toilet for every 20 persons or part of 20 persons 

employed at the site. Each toilet provided must be a flushing toilet 

connected to a public sewer, or if connection to a public sewer is not 

available, to an onsite sewage management system approved by 

Council, or to an approved temporary chemical water closet. 

21 A sign or signs must be erected before the commencement of the 

work in a prominent position at the frontage to the site: 


a) Showing the name, address and telephone number of the 

principal certifying authority for the work; and 

b) Showing the name of the principal contractor (if any) for any 

building work and a telephone number on which that person 

may be contacted outside working hours; and 

c) Stating that unauthorised entry to the work site is prohibited. 

The sign is to be maintained while the building work, subdivision 

work or demolition work is being carried out, but must be removed 

when the work has been completed. No sign is to have an area in 

excess of one (1) m 2 . 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING 

CONSTRUCTION 

22 Construction noise is to be limited as follows: 

a) For construction periods of four (4) weeks and under, the L10 

noise level measured over a period of not less than fifteen 

(15) minutes when the construction site is in operation must 

not exceed the background level by more than 20 dB(A); 

b) For construction periods greater than four (4) weeks and not 

exceeding twenty-six (26) weeks, the L10 noise level 

measured over a period of not less than fifteen (15) minutes 

when the construction site is in operation must not exceed the 

background level by more than 10 dB(A). 

23 The Design Engineer must supervise the excavation works. 

24 Construction works must not unreasonably interfere with the 

amenity of the neighbourhood. In particular construction noise, 

when audible on adjoining residential premises, can only occur: 

a) Monday to Friday, from 7 a.m. to 6 p.m. 

b) Saturday, from 8 a.m. to 1 p.m. 

No construction work is to take place on Sundays or Public Holidays. 

25 All builders rubbish is to be contained on the site in a „Builders Skips‟ 

or an enclosure. Building materials are to be delivered directly onto 

the property. 

Footpaths, road reserves and public reserves are to be maintained 

clear of rubbish, building materials and all other items. 

26 Sediment and erosion control measures must be maintained at all 

times until the site has been stabilised by permanent vegetation 

cover or hard surface. 

27 Sediment and erosion control measures in accordance with the 

approved Erosion and Sedimentation Control Plan must be 

maintained at all times until the site has been stabilised by 

permanent vegetation cover or hard surface. 


28 Measures must be put in place to control stormwater runoff. These 

control measures must be in place prior to the commencement of 

works so as to prevent soil erosion and the transport of sediment 

from the site into either: 

a) Adjoining land; 

b) Natural drainage courses; 

c) Constructed drainage systems; or 

d) Waterways. 

All disturbed areas must be stabilised and revegetated. Turfing or 

another approved seeding method must be undertaken in each part 

of the development within seven days of completion of earthworks. 

Topsoil must be preserved for site revegetation. 

29 If an excavation extends below the level of the base of the footings 

of a building on an adjoining allotment of land, the person causing 

the excavation to be made: 

a) Must preserve and protect the adjoining building from damage; 

b) If necessary, must underpin and support the building in an 

approved manner; and 

c) Must, at least seven days before excavating below the level of 

the base of the footings of a building on an adjoining allotment 

of land, give notice of intention to do so to the owner of the 

adjoining allotment of land and furnish particulars of the 

excavation to the owner of the building being erected or 

demolished. 

The owner of the adjoining allotment of land, public road or any 

other public place is not to be held liable for any part of the cost of 

work carried out, whether carried out on the allotment of land being 

excavated or on the public road, any other public place or the 

adjoining allotment of land. 

30 Glazing materials used in the building are to be selected in 

accordance with the provisions of Australian Standard AS 1288 SAA 

Glass Installation Code and must comply with the requirements of 

Australian Standard AS 2208 "Safety Glazing Materials for Use in 

Buildings (Human Impact Considerations)" as required by the 

Building Code of Australia. 

Windows must be constructed to comply with Australian Standard 

AS 1288 or Australian Standard AS 2047. Written certification must 

be submitted to Council prior to occupation inspection to confirm 

that glazing selection, manufacture and installation has been 

completed in accordance with the relevant Australian Standards for 

the job specific project. 

31 Water efficient devices, with a AAA rating, must be installed 

throughout the building, including: 

a) Pressure limiting valves; 

b) Dual flush toilet systems; and 

c) Water efficient shower nozzles. 


All new hot water systems are to have a minimum rating of 3.5 

stars. 

32 Survey Certificate is to be submitted prior to completion of floor 

slabs to determine boundary setbacks. 

33 Survey Certificate is to be submitted upon completion of the garage 

floor slab to ensure that the finished floor height is at or below RL 

12.5 metres A.H.D. 

34 Survey Certificate is to be submitted upon completion of the roof 

framing prior to covering to ensure that the ridge height is at or 

below RL 20.7 metres A.H.D. 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO 

OCCUPATION OF THE BUILDING 

35 All of the works shown on the plans and granted by this consent, 

including any other consents that are necessary for the completion 

of this development, are to be completed and approved by the 

relevant consent authority/s prior to the issue of an Occupation 

Certificate. 

36 A driveway is to be constructed from the property boundary to the 

proposed car space/s in accordance with the approved plans. 

37 Sewer and water supply is to be connected to the premises in 

accordance with an approval granted under Section 68 of the Local 

Government Act 1993. 

38 A fire detection and alarm system must be installed and maintained 

within the building. Such system must comply with the Building 

Code of Australia (BCA) Part 3.7.2.2 requirements for a Class 1a 

building. 

39 An inspection must be undertaken by the local water authority prior 

to the covering of the works specified below: 

a) Sanitary plumbing and drainage; 

b) Potable water supply plumbing; 

c) Completion of all plumbing and drainage works; 

d) Rainwater supply; 

e) Re-claimed water supply. 

The local water supply authority requires a minimum of 24 hours 

notice to undertake the inspection. You will need to quote your 

Development Application number and property description to 

arrange your inspection. 

B 

That the objectors be advised of Council‟s decision. 

A Division resulted in the following votes. 

F = Voted For 

A = Voted Against 

Campbell F Green F Gribbin F Kesby F 


Morris F Patterson F Saul F Williams F 


Environmental: From the information supplied to Council, it is not anticipated that 

there will be any adverse environmental impacts from the proposed new alterations 

and additions to the existing dwelling. 

Social: From the information supplied to Council, it is not anticipated that there will 

be any adverse social impacts from the proposed new alterations and additions to 

the existing dwelling. 

Economic (Financial): The proposal is considered to provide an economic benefit 

only for the period of construction. 

Policy or Statutory: The application has been assessed under Section 79C of the 

Environmental Planning and Assessment Act 1979, Kempsey Local Environmental 

Plan 1987 and Development Control Plan Crescent Head. 


Heads of Consideration 

The proposal has been examined having regard to the Heads of Consideration 

identified under Section 79 C (1) of the Environmental Planning and Assessment 

Act 1979. 

Kempsey Local Environment Plan 1987(KLEP) 

The proposed is defined as a „dwelling‟ and is permissible with consent in the 2(a) 

Residential “A” zone under Kempsey Local Environmental Plan 1987. 

The proposal is not contrary to any State Environmental Planning or North Coast 

Regional Environmental Plan. 

State Environmental Planning Policy 71 – Coastal Protection 

The subject lot falls within the coastal zone as defined by SEPP 71; however the 

site is not classified as a sensitive coastal location. Council is required to have 

regard for the matters as set out by Clause 8. 

a) The proposal is not considered contrary to the aims and objectives as set 

out in clause 2 of the SEPP. 

b) The proposal is located a substantial distance from any coastal foreshore 

and will not interfere with any public access to the foreshore. 

c) As the site is not located adjacent to any foreshore there is no requirement 

to enhance any existing public access. 

d) See comments in body of the report on suitability of the development in the 

locality. 

e) The site is not located adjacent to any coastal foreshore and therefore will 

not overshadow any public foreshore reserve. 


f) The surrounding area is predominately urban. The development will not 

detract from the scenic qualities of the New South Wales Coast line. 

g) The site will require minimal clearing therefore having minimal impact upon 

threatened species of flora and fauna. 

h) There will be no direct impacts on marine ecosystems. 

i) The lot is situated within an existing subdivision. There will be no impact 

upon any wildlife corridor. 

j) There is no perceived impact upon coastal process. 

k) The site has no foreshore frontage so conflict between land and water based 

activities will not result from this development. 

l) Measures to protect the cultural places, values, customs, beliefs and 

traditional knowledge of aboriginals have been considered. 

m) The applicant is required to treat storm water on site to an acceptable level 

to minimise impacts on coastal water bodies. 

n) There are no issues related to the conservation and preservation of items of 

heritage, archaeological or historic significant. 

NSW Costal Policy 1997 

The proposal is considered to be consistent with the principal which seeks to ensure 

that buildings are consistent with the height and scale of existing development. 

DCP No 22 - Local Housing Strategy 

The proposal is required to comply with the following requirements of DCP No. 22 - 

The location of the proposal is contained within a defined low-density area for which 

single dwellings only are permitted. 

An assessment of the proposal against the relevant Standards of DCP 22 results in 

the following: 

STANDARD REQUIRED PROPOSED COMPLIES 

Y/N 

PERFORMANCE 

Y/N 

Density Low 420m 2 723.4m 2 Yes Yes 

Setbacks 

Side 

North elevation 

South elevation 

Front 

Rear 

1.5m 

1.5m 

5m 

1.8m min 

2.22m to 

3.454m 

.250 to 3.4 

and 4.160m 

5.861m, 

6.576 &7m 

> 1.8m 

Yes 

Yes 

Yes 

Yes 

Yes 

Yes 

Yes 

Yes 


STANDARD REQUIRED PROPOSED COMPLIES 

Car parking 1 covered 2covered 

spaces 

Y/N 

Yes 

PERFORMANCE 

Y/N 

Yes 

Landscaping 145m 2 > 145m 2 Yes Yes 

Height 6.2m 6.64 m. No* 

Yes 

Solar access 

Open space 

and living 

areas are not 

to be shaded 

for more 

than 2 hours 

between 

9.00am and 

3.00pm 

Complies 

Yes 

Yes 

Visual Privacy Adequate Adequate Yes Yes 

Cut and Fill

heights measured at the corners of the building measured less than 6m (Appendix 

G - Page SE203). 

No objection is raised to the variation for the following reasons: 

a) The ridge height measures 8.1m from natural ground level. 

b) The site is to be cut which will reduce the overall height from that measured 

at natural ground level. 

c) The ridge height above the area of non-compliance is 1.1 metre below the 

allowable maximum. 

d) The minor non-compliance will not result in any loss of views or contribute 

to the bulk of the building. 

Applicants Submission: 

Supporting documentation from the applicant has been provided to justify the 

variation having regard to the performance objectives of DCP22 which may be 

summarised as follows: (Appendix H - Page SE204) 

The ground floor level has been determined to minimize cut and fill on the 

site and also in order to have complying ridge height above natural surface. 

The house has now been moved to increase the South West corner offset to 

7.0m as per Council's requirements. The house has also been roughly 

centred on the lot to allow for greater offset to the southern boundary for the 

benefit of the neighbours‟ solar access. 

Only a very small section of the ground floor area is above the 6.2 metres 

DCP22 requirement and this is due to the site dropping off sharply in the 

Northwest corner. 

With the exception of the slight exceeding of the height requirement by 

440mm in the far northwest corner as a result of the sharp drop off of the 

natural surface the house is fully compliant with all requirement of DCP22. 

At no time do the shadows cast by the proposed dwelling fall across any 

living area windows, only garage windows are effected and for less than 1/2 

hour. The living areas are not affected at all and only a very small area of the 

large rear yard is overshadowed for more than 2 hours. 

Solar Access/Overshadowing 

Development Standard Clause 4.7.1 requires all buildings to be designed to ensure 

that no part of a window of any living area of any adjoining residential buildings or 

primary private open space or landscaped open space are overshadowed for more 

than two (2) hours between 9.00am and 3.00pm on 22 June. 

The applicant has redesigned the dwelling by shifting it 3.4m and 4.160m from the 

southern boundary and relocating the carport to the southern boundary. The 

applicant has submitted shadow diagrams of the proposed redesigned dwelling for 

the month of June, at 9.00am, 11.00am, 12 noon, 2.00pm and 3.00pm. The 

analysis of the shadow diagrams indicates the solar access/ overshadowing meets 

the requirements of DCP22 standards with only an area beneath a first floor 

verandah adjacent to a garage affected. (Appendix I - Page SE205) 


Protection of Views 

DCP22 does not provide for protection of views however the principles to be applied 

to applications to determine the impact of the development on the views enjoyed 

by adjoining properties have been considered. 

The original application has a 5m set back from Grandview Parade which completely 

blocked the views from 3 Grandview Parade. However, the applicant has agreed to 

move the dwelling a further 2m, a total of 7m further to the rear of the site to allow 

adequate view sharing from No. 3 (Appendix J - Page SE206). 

Step 1 

Where views will be affected: 

“Water views are more valuable than land views.” 

Comment 

The views are water views. Views are maintained with a 7m setback. 

Step 2 

Where are views obtained from? 

“Views across side boundaries cannot be protected by unreasonable requirements.” 

“Views from sitting positions cannot be protected by unreasonable requirements.” 

Comment 

The view from the adjoining dwelling is across the side boundary. 

Step 3 

Where is the impact? 

“Views from living areas and kitchens are more important than from bedrooms and 

service areas.” 

The losses of view sharing are from the living and kitchen areas 

“Assess view loss in qualitative terms- 

Minor 

Comment 

The views from the adjoining dwellings balcony and living room door at standing 

height is shown at (Appendix G - Page SE203). 

Step 4 

Is the proposal reasonable? 

The proposal complies with other controls in the DCP22. 

“If it does comply would a more clever design provide the same development 

potential and amenity and reduce the impact on views? If not, impact probably 

considered as capable and view sharing reasonable”. 


The proposal complies as it has been move back on the block to allow view sharing 

Comment: 

The applicant has redesigned the siting of the proposed dwelling to stand 7m from 

the South / West corner of the allotment. This provides the adjoining owner with no 

loss of views from the first floor balcony and shared views within the living area. 

The side boundary views from door 2 cannot be saved due to the proposed height 

of ridge at 8.1m measured at natural ground prior to cut excavation which would be 

unreasonable. 

Section 79c (1) (e) - ADVERTISING 

The proposal was advertised in accordance with Council‟s Policy with three 

objections received (Appendix K - Page SE209) 

Objection 

1 Loss of views from No. 3 

Grandview Parade. 

2 Building design and materials used 

not in keeping with the surrounding 

dwellings. 

3 The use of reflective roofing 

material. 


1 See “Building Height” 

See “Protection of Views” 

2 Proposed design meets DCP22 and BCA 

Standards. 

4 A condition of consent is recommended 

to require the use of non-reflective 

materials (See Condition 7). 


File: T6-12-264, F12/72 

3166 RJS 

SUMMARY 

To consider a request for assistance to the Kempsey Swimming Club to improve the 

McElhone Memorial Baths at 71 Belgrave Street, Kempsey. 



1 That Council supports the Kempsey Swimming Club to complete 

improvement works at the McElhone Memorial Baths in Kempsey in 

accordance with the details in the report. 

2 That the Swimming Club be thanked for proactively providing 

swimming amenities for the community. 

Director Infrastructure Services Recommendation: 

That Council supports the Kempsey Swimming Club to complete 

improvement works at the McElhone Memorial Baths in Kempsey in 

accordance with the details in the report. 



Environmental, Policy or Statutory: Nil 

Social: The implications of the recommendation will result in assistance being 

provided to a community group which has raised considerable funds on their own 

for improvement of the community‟s infrastructure. Council support for the 

Swimming Club may encourage other community groups to actively work towards 

improving the community‟s infrastructure in other areas of the shire. 

Economic (Financial): Whilst the Kempsey Swimming Club is proposing to fully 

fund the actual costs of the work by way of a cash contribution to Council, there is 

still effectively a cost to Council in administering and accounting for the proposed 

expenditure. This will have a minor impact upon resources that would otherwise be 

used to achieve the goals in the Operating Plan and is considered a cost effective 

way for Council to work with the community in delivering improved infrastructure 

outcomes. 

There is no specific capital cost to Council. 


Council has received a submission from the Kempsey Swimming Club proposing to 

fund the installation of a shelter structure and seating on the western end of the 50 

metre pool in the McElhone Memorial Baths in Kempsey. The Club is proposing to 

provide Council with a cash contribution for the construction of the project. A copy 

of the submission from the Club is attached in (Appendix E – Page IS38) for 

further information. 

Essentially, the Club is seeking Council to project manage the works on their behalf 

and engage the contractor directly. This arrangement provides a minor financial 

benefit to the Swimming Club, at minimal additional cost to Council. 

Supporting the club in this way would result in the allocation of resources to this 

unplanned project to issue the purchase order and supervise the contractor. Even if 

Council was not involved directly in the project, the same resources would be 

required to approve and administer works undertaken by the club upon Council‟s 

land. There would be no reason for Council to refuse consent to the club to 

undertake the work and hence Council is committed to some level of resourcing to 

this project. 

The additional resources required if Council is to manage the project directly would 

not be considerable relative to the proportion of the contribution from the 

Swimming Club. A development application has already been submitted and 

approved for the project and more recently, an application was lodged for funding 

through the programs offered by the NSW Sport and Recreation. Considering the 

support by the Swimming Club, the project is likely to receive funding under the 

grant application program. 

It is recommended that Council resolve to support the Swimming Club on the basis 

that there is no direct additional cost to Council. 

9 MAYORAL MINUTES 


MM1 

Mayoral and Councillor Activities 

SUMMARY 

Reporting on activities for the month of August 2012. 

2012. 284 RESOLVED: Moved: Cl. Campbell 

That the information be noted. 


Environmental, Social, Economic (Financial), Policy or Statutory: Nil 


Mayor – Cr E A Campbell 

Date 

Event 

6.8.12 Launch of Relay for Life at Civic Centre 

7 Review of NSW Local Government – Listing Tour Meeting at Taree 

8 MNC Local Area Command Awards Ceremony, Port Macquarie 

8 Australia Day Committee 

9 Community Safety & Crime Prevention Working Party 

10 Child Friendly by Design – welcome by Mayor, RSL Club 

10 Kempsey Hospital Auxiliary AGM 

19 Sculpture in the Gaol 2012, Trial Bay Gaol 

21 Ordinary Council Meeting 

24 Yarrahapinni Festival – official opening by Mayor 

28 Meeting with Acting GM, NSW Office of Communities, Aboriginal Affairs 

28 Kempsey Forum – Chance to have a say on Aboriginal policy at RSL Club 

28 Macleay Valley Education & Skills Forum – Kempsey TAFE 

29 Ronald McDonald House Charities – 2012 Ride for Sick Kids Charity 

Dinner/Auction at Port Macquarie 

30 Official Opening “One-Stop-Shop” - Clyde Street, Kempsey 

30 Citizenship Ceremony 

Councillors 

Date Councillor Event 

1.8.12 Saul Tropical Soda Apple Presentation 

6 Green Launch of Relay for Life at Civic Centre 

7 Green „Sing Out Loud‟ at Kempsey West Public School 

8 Green Australia Day Committee 

8 Saul BFMC at Kempsey Fire Control Centre 

9 Bowell, Green, Community Safety & Crime Prevention Working Party 

Snowsill, Sproule 

9 Saul Saleyards Advisory Group meeting 

15 Bowell NSW LG Aboriginal Network Conference 

21 All Councillors Ordinary Council Meeting 

22 Saul MNC Weeds & Coordinating Committee Regional 

Quarterly Meeting, at Great Lakes Council 

………………………………. 

MAYOR – E A CAMPBELL 


MM2 

SUPP 

Local Government Association of NSW Annual Conference 

SUMMARY 

Reporting that the Local Government Association Annual Conference will be held in 

Dubbo from 28-30 October 2012. 


That Council not attend the Local Government Association Conference. 


Environmental, Social: Nil 

Economic (Financial): By not attending the conference, as previously resolved, 

the Council will have the following funds to reallocate to other uses. Projected costs 

are: 

Registration per delegate $1,155 $1,155 

Accommodation ($100 per night x 3 nights per person) 300 

Travel in Council vehicle 300 

Total per delegate $1,755 

Policy or Statutory: Council previously resolved to consider attendance once the 

conference agenda became available. 


The agenda and motions for the Local Government Association Conference has 

been provided to councils and in line with the previous resolution of Council a 

decision has to be made as to whether the Council will be represented. 

Value can be gained from the conference through: 

insights and information provided from sessions held at the conference 

ability to change the outcome of the vote on matters before the conference; or 

insights and information picked up through networking with other delegates. 

As an associate member, Kempsey Shire Council has two votes on any matter 

brought before the Association. The matters to be considered by the conference are 

available on the conference web site: 

(http://www.lgsa.org.au/sites/lgsa.org.au/files/imce-uploads/89/Category%201%20Motions_1.pdf) 

and councillors can review these to determine if there is seen as merit in attending 

to debate particular matters. 

The only sessions on the conference agenda other than consideration of motions 

are addresses by: 

Minister for Local Government 

Minister for Planning and Infrastructure (not confirmed) 

Director Local Government Centre AUT university Auckland 


Chair and Chief Executive of the EPA 

Local Government Association of Queensland 

Local Government Superannuation (generally a sponsor‟s presentation) 

Local Government Act Taskforce Chair 

Chair of Independent Review Panel 

Ministerial addresses are unlikely to provide anything other than what is already 

known, based on past experience. It is unclear what the EPA address will cover. 

New Zealand is going through a time of significant reform of local government and 

this session may provide some value. Queensland has recently been through a 

process of amalgamations and there may be some insights into what has occurred 

in that State. 

The Local Government Act Taskforce and Independent Review Panels will both be 

undertaking further consultations, so the only value in those presentations would 

be hearing the information a bit earlier that we otherwise would. 

The cost of having one person attend would be approximately $1,755. Council has a 

limited budget for training and conferences. The benefit our community will gain 

from attending the conference needs to be considered against the cost of attending. 

Council could use these funds to attend other events that may provide better 

targeted information. 

Attached is the conference draft program (Appendix A – Page MM2). 

………………………………. 

MAYOR – E A CAMPBELL 

Items Tabled For Information 

SUMMARY 

Reporting that the following document was tabled at the meeting for perusal by 

interested Councillors and members of the public 

A Councillors Disclosures of Interest 

10 NOTICES OF MOTION 

NOM1 

Beach Shelter – Horseshoe Bay, South West Rocks 

3211 RJS 

2012. 286 RESOLVED: Moved: Cl. Gribbin 


That Council completes the Master Plan for Horseshoe Bay, South West 

Rocks as a high priority to allow the replacement of a suitable facility in a 

timely manner. 


I intend to move the following Motion at the Ordinary meeting to be held Tuesday 

25 September 2012: 

“1 That Council remove the fire damaged structure known as the Beach 

Shelter at Horseshoe Bay, South West Rocks as a matter of urgency. 

2 That Council ensures that the site of the former Beach Shelter at 

Horseshoe Bay, South West Rocks is cleared of all materials and 

debris by 1 December 2012. 

3 That Council completes the Master Plan for Horseshoe Bay, South 

West Rocks as a high priority to allow the replacement of a suitable 

facility in a timely manner.” 

MOTION IMPLICATIONS 

Environmental: The fire damaged structure is unsightly in appearance, is a blight 

on the landscape and portrays a less than acceptable attitude by Council, to both 

the local residents and tourists, for the appearance of Horseshoe Bay and for the 

safety and amenity for visitors to the area. 

Social: The Horseshoe Bay Beach Shelter structure has for many years provided an 

important gathering point for locals and tourists. This structure was damaged by 

fire in mid-May 2012. It is considered unacceptable and demonstrates a complete 

lack of care by Kempsey Shire Council for the appearance of Horseshoe Bay and 

subsequent tourism and business operators in South West Rocks. It is considered 

that this structure should have been removed and the site remediated prior to the 

commencement of the school holidays on 22 September 2012. It is considered 

imperative that, as a minimum, the beach shelter structure, which is an unsightly 

blight on the landscape, be removed prior to the October long weekend. 

Economic (Financial): The additional financial impact in removing the structure 

prior to its eventual replacement is considered minimal. The additional cost could 

be considered as part of the overall budget for the replacement of the Beach 

Shelter. Council also needs to consider the potential impost on Council should a 

person or property be damaged as a result of an accident associated with the 

structure. In addition, the potential loss of trade and subsequent financial impact 

on tourism and business operators, which could be considerable, due to the loss of 

reputation as a tourist destination, needs to be considered. 

Policy or Statutory: There are no known Policy or Statutory reasons for the Beach 

Shelter not to be removed, particularly given the fact that Council has been advised 

that the insurance claim for the structure has been finalised. 


I have not given the General Manager permission to comment on my notice of 

motion. 

…………………………………... 

COUNCILLOR J C GRIBBIN 

General Manager’s Additional Information 

Removal of the damaged structure could not proceed until the insurance claim was 

finalised. This was included in the response to the question asked by Cr Gribbin 


provided in the business paper for the August 2012 meeting. Once the claim was 

finalised the removal of damaged structure elements was undertaken as soon as 

practicable. 

The above resolution calls for the clearing of “all materials”; the current works are 

to remove all damaged and unusable materials but retain those aspects of the 

structure that can be used by the community, such as the BBQ area. If passed, this 

motion would require the removal of the BBQ area, remaining brick walls, seating 

and concrete slab. 

Completion of the Masterplan for Horseshoe Bay and prioritising those works has 

already been reported to Council in the Delivery Plan report provided with the 

August 2012 business paper and in the question response noted above. Completion 

of this project has already been prioritised within the current activities being 

undertaken and, as noted in the information previously provided, staff are 

reviewing how we can now use the available funding to, in turn, undertake some of 

the projects that will gain the best use of the available funds. 

11 RESCISSION MOTIONS 

Nil 

12 DELEGATES REPORTS 

DR1 

NSW Local Government Aboriginal Network Conference 

Aboriginal Affairs Policy 

SUMMARY 

Reporting on attendance at the conference held at Grafton 15-17 August 2012 and 

the community consultation meeting for the Aboriginal Affairs Policy in Kempsey on 

28 August 2012. 

MOVED: 

Moved: Cl. Campbell 


That the information be noted and Kempsey Shire Council continue to work 

with the Aboriginal Community. 

An Amendment was MOVED: 

Moved: Cl. Gribbin 


2311 KEO 

1 That the information be noted and Kempsey Shire Council continue to 

work with the Aboriginal Community. 

4111 DLR 

2 That an invitation be extended to Mr James Christian PSM State 

Manager NSW / ACT Network to visit Council in respect to the 

Commonwealth Regional Partnerships Program. 

2311 KEO 


3 That Council conduct a workshop and invite DALMA to attend and 

advise on the development of the Aboriginal Reconciliation Action 

Plan. 

2012. 287 The AMENDMENT was PUT to the MEETING and was CARRIED, became the 

MOTION and was CARRIED. 

1 That Council invite Aboriginal organisations to participate in the 

review of Community Strategic Plan. 

2 That Council ensure Aboriginal organisations are aware of the 

community consultation process associated with State Planning 

proposals. 

3 That Council‟s consultants for the South Kempsey Project be invited 

to review the progress report for the Aboriginal Affairs Policy. 

4 That Council‟s delegates to the Local Government and Shires 

Association (LGSA) Conference in October 2012 be provided with the 

recommendations from Grafton Network Conference. 

5 That Council consider the re-establishment of the Aboriginal 

Consultative Committee. 

6 That an invitation be extended to Mr James Christian PSM State 

Manager NSW / ACT Network to visit Council in respect to the 

Commonwealth Regional Partnerships Program. 

7 That a report be submitted to the next meeting of Council outlining 

the current situation with the provisions for Aboriginal people in 

Council‟s Delivery Program 2010-2015 and the Community Strategic 

Plan with consideration for the preparation of an Aboriginal 

Community Plan. 

8 That the Aboriginal community be included in consideration of a 

Community Policing Program. 

9 That Council investigate opportunities to support the development of 

Aboriginal culture within the Macleay Valley to attract appropriate 

funding from the State and Federal Government. 


Environmental, Economic (Financial), Policy or Statutory: Nil 

Social: The development of an Aboriginal Community Plan in conjunction with the 

review of the Community Strategic Plan will serve to identify key areas of need, 

prioritising and identifying possible strategies, particularly those issues identified in 

the draft Aboriginal Affairs Policy. 


150 Delegates from centres throughout NSW were in attendance, with the official 

opening performed by Councillor Rod Towney of Dubbo City Council and President 

of the NSW Local Government Aboriginal Network. 


Matters of significant interest included: 

With the review of the Community Strategic Plan ensure the Aboriginal 

community is consulted. 

Council to pursue details of the Commonwealth Regional Partnerships 

Program with an invitation extended to Mr James Christian, State Manager 

NSW/ACT of the Department of Families, Housing, Community Services and 

Indigenous Affairs. 

The necessity for widespread community consultation in respect to proposed 

State Planning issues involving the Aboriginal community to ensure the 

protection of Aboriginal culturally sensitive and heritage listed land. 

Council to have a say on the Aboriginal Affairs Policy. 

Note: There was a second consultative meeting held in Kempsey on Tuesday 28 

August 2012. 

Following the first community consultation the Mayor, Councillor Liz Campbell, 

wrote to the Minister for Aboriginal Affairs, the Hon Victor Dominello MP and: 

invited the Minister to visit Kempsey concerning ongoing consultation; 

referred to the draft Two Ways Together Strategy which was due to be 

released in June 2012; and 

invited the Minister‟s attention to the anticipated completion of the South 

Kempsey Project – One Community. 

Mr Jason Ardler, General Manager Aboriginal Affairs, Office of Communities, 

Department of Education and Communities in speaking to the progress of the 

Aboriginal Affairs Policy stated that: 

opportunity will be provided to Council to attend the Consultative meeting in 

Kempsey – the Minister may be in attendance. 

the Aboriginal Affairs Policy would replace the failed Two Ways Together 

Strategy. 

the Progress Report of the Aboriginal Affairs Policy highlights matters such 

as : 

- opportunity hubs; 

- Aboriginal language; and 

- local decision making (the need for greater Aboriginal control in 

decision making and service delivery. The model is intended to build 

on the strengths of existing Aboriginal community networks including 

Local Aboriginal Land Councils and Aboriginal Education Consultative 

Groups). 

Overall, the Aboriginal Affairs Policy outlines: 

strengthening the connection between education, training and employment; 

strengthening support to culture and language; 

strengthening accountability; and 

strengthening the capacity of communications and service delivery 

It is considered essential that Council‟s consultants in finalising documentation for 

the South Kempsey Project consider the Progress Report for the Aboriginal Affairs 

Policy. 


On day one of the conference there were Aboriginal Staff meetings designed to 

formulate recommendations to the LGSA conference in October. The 

recommendations are attached (Appendix A – Page DR1). 

Amongst the individual sessions of the conference there were two: 

Youth – our relationships: our futures and Aboriginality; and 

Elders – our relationships: leadership and Aboriginality 

followed by a session - Perspectives of Youth and Elders. A copy of the outcomes 

will be available on the conference website. 

In response to my submission on the Aboriginal Affairs Policy, the Hon Victor 

Dominello MP advised that it is vital to recognise the wisdom and guidance from 

Aboriginal Elders in the development of a successful Aboriginal Affairs Strategy for 

NSW. 

The Minister also mentioned the failure of State agencies to communicate and 

coordinate to improve service delivery and accountability in Aboriginal affairs. 

To successfully consider the views of the Aboriginal community it will be 

recommended that Council endeavour to re-establish the Aboriginal Consultative 

Committee. Whilst Council‟s current Community Strategic Plan provides 

“Strengthen reconciliation with our Aboriginal Community” there has been only 

seven resolutions of this committee implemented during the period 2008-2012 prior 

to the dissolution of the committee in 2010. The Social Strategic Planning 

Committee was also discontinued. 

In addition, Council‟s Community Delivery Program 2010-2015 provides: 

A • Promote awareness of Indigenous Heritage history and culture; and 

Investigate and pursue innovative community consultation processes that 

the Aboriginal and Torres Strait Islander Commission (ATSIC) community 

will welcome and participate in. 

B 

Opportunities and Challenges 

Lack of genuine employment opportunities within mainstream organisations 

e.g. non-ATSI based organisations; 

Create a shire in which Aboriginal culture, heritage and contribution is widely 

acknowledged and celebrated; 

Retention of ATSI people within the educational system eg year 12 and 

beyond; 

Addressing health, education and housing needs with the ATSI community to 

close the gap between the ATSI and non-ATSI communities; and 

Industry development and tourism. 

The Ministerial Taskforce on Aboriginal Affairs conducted a community consultation 

process in Kempsey on Tuesday 28 August 2012 concentrating on three main 

issues: 

Local decision making; 

Language lighthouse; and 

Opportunity hub 

A survey was launched inviting the community to have a say in order to give the 

government what it needs. 


The Minister, the Hon Victor Dominello MP, referred to: 

Education, Employment and Service Delivery; 

Genuine partnership with the community; and 

Generational change 

and appealed for answers from those in attendance on how best to implement the 

issues. 

Recent media comment attributable to the NSW Ombudsman stated programs are 

not producing results for Indigenous Australians and government must work closely 

with Aboriginal leaders to begin to solve well-known problems. 

Language 

There is a Memorandum of Understanding between the Department of Education, 

Macleay Educational Community of Schools TAFE and the Aboriginal community to 

work together to realise the aspirations and potential of Aboriginal learners with a 

commitment to respecting, valuing and supporting each other to assist Aboriginal 

students achieve successful education and training outcomes. 

Attention has been drawn to an award evening education on employment package 

for the Clarence Valley, known as „Fresh Start‟. 

Local Decision Making 

As previously stressed, Aboriginal people should drive and have ownership of 

services from conception to delivery and there was need for strong Aboriginal 

community governance. 

There was disappointment expressed insofar as the outcomes from Dunghutti 

Aboriginal Leadership Alliance (DALMA) in providing a conduit to pilot a new 

approach to government to work with Aboriginal communities and there was 

corresponding loss of trust and respect within the community. 

Matters raised in community consultation included: 

The need for more Aboriginal Community Liaison Officers; and 

Whilst Council has requested consideration be given to the Macleay Valley to 

be a Pilot Local Government Area for new police initiatives and be a base for 

trialling the training and delivery for any new policing methods such as 

Recognised Law Enforcement Officers it may well be worth requesting the 

specific inclusion of members of the Aboriginal Community in any proposed 

program. 

The creation of job opportunities through tourism especially ecotourism 

It is understood the Federal Government provided Dreamworld (Gold Coast) 

$1.1M to boost Indigenous tourism through an Aboriginal Culture and 

Australian Wildlife showcase in the form of a Strategic Tourism Investment 

Grant. 

It is unfortunate that Council did not pursue involvement with the proposed North 

Coast Academy of Sport Indigenous “Future Stars” program as well as the 


Department of Health and Ageing Indigenous Chronic Disease Fund for the Move 

East Live Well program – Aboriginal focus. 

To me the conference, together with the meeting in Kempsey, emphasised the 

urgent necessity for cooperation, communication and consultation with the 

Aboriginal community within the Macleay Valley. 

.…………….. 

J H BOWELL 

General Manager’s Additional Information 

In relation to point 3, the consultancy for the South Kempsey plan is complete and 

no further relationship between the consultants exists in relation to South 

Kempsey. 

In relation to point 5, Council has currently resolved to recognise DALMA as the 

peak Aboriginal body and has been working with that group, comprising 

representation from all of the major Aboriginal organisations to develop an 

Aboriginal Reconciliation Action Plan. Establishment of a committee will require 

additional resources above what has currently been allowed for. Each meeting is 

likely to require 4 to 12 hours of staff resources if only one staff is required. There 

is considerable variability as the role of the committee is not clear in the report and, 

as such, the level of reporting that will be required to be put to the committee is 

unknown. It is considered likely that two staff would be required at the meeting. If 

the group meets quarterly this means reallocation of between $1,300 to $5,100 

from existing services or actions in the Delivery Plan. 

In relation to point 7, the existing Delivery Plan does not split the majority of 

Council services between Aboriginal and non-Aboriginal communities. Any report 

will be subjective as there is no good basis for how you can determine the level of 

service provision (for example, use of roads, parks, or even libraries) used by either 

group. Council would need to try and capture data to show the level of usage of the 

many services, which would be a very costly exercise, before it could provide 

accurate information on the level of services provided to the Aboriginal part of our 

community. Services specifically aimed at the Aboriginal community are already 

separately set out in the Delivery Plan under Goal 2 and any report of those 

programs would simply be copying the existing information. 

Point 7 also alludes to the development of a separate Aboriginal Community Plan. 

No funding has been allocated to such a project and if this is to be a new project 

there will be significant resources required to complete such a project. Council 

would need to consider the projects that it will not be undertaking if it wishes to 

fund this additional project. 

In relation to point 9, the Delivery Plan already has a list of projects to be achieved 

under the heading of “Strengthen Reconciliation with the Aboriginal Community” 

and also includes actions under the development of art and culture for the 

Aboriginal community and supporting and promoting culture. Council would need to 

identify which projects it wishes to defer to reallocate funds. A number of those 

projects are grant funded, which means the Councillors may need to identify other 

projects to defer. 

Also, in relation to point 9, Council now has the South Kempsey plan, which has 

highlighted a number of projects that would support the Aboriginal Community. 


The NSW Aboriginal Affairs Department no longer has a discretionary of major 

grants program. The Commonwealth department website lists one non-recurrent 

program, with the majority of funding being directed towards Aboriginal health 

initiative and other “soft” projects rather than infrastructure. Development of grant 

applications also takes resources and any projects identified should be considered 

against all other projects that the Council currently is seeking to undertake for the 

community to ensure that resources are first applied to the projects where the 

community gains the maximum benefit. 

13 COMMITTEE REPORTS 

Nil 

14 QUESTIONS ON NOTICE 

Noted 

(Excerpt from code of meeting practice) 

2.4 Questions at Council meetings 

2.4.1 Questions on Notice 

Questions on Notice shall be included in the order of business on the council meeting 

agenda and shall be provided to the general manager by 9.00am one week prior to the 

meeting for inclusion in the meeting agenda. (Local) 

(Excerpt from Councillor Communication Procedure 2.3.2) 

6 Response Times 

c) Answers to a Question on Notice will be included in the following 

Business Paper unless more than 10 working days‟ notice of the 

question has been provided prior to the closing time for receipt of 

questions for the Business Paper. 

Questions on notice from 21 August 2012 – responses 

COUNCILLOR E A GREEN F12/277, D12/6541 

Q2 

Where are we at with the investigations on the work required and costings 

to improve the South West Rocks sports field lighting? 

RESPONSE: 

Council first considered a Notice of Motion at its meeting on 17 July 2012 relating 

to the upgrading of lighting at Phillip Drive Sporting Complex, South West Rocks. At 

that meeting, Council resolved for a report to be brought back to the next meeting 

of Council in August 2012 with more detailed information regarding the likely costs 

and the potential sources of funding for the work. 

The matter was reported to the following Council meeting on 21 August 2012 

where Council resolved to apply to identified grant funding and if successful, utilise 

the grant funding together with applicable Section 94 funds, surplus capital project 

funds and contributions from the user groups to undertake the work. The outcome 

of the grant application will not be known for a number of months. 


15 COMMUNITY STRATEGIC AND MANAGEMENT PLAN REPORTS 

GOAL 1: 

To Facilitate Ecological and Economical Sustainable 

Development in the Shire 

1.1 Proposed Drag Racing at Kempsey Airport File: T6-10-232 

This report was dealt with earlier in the meeting just after PUBLIC FORUM. 

1.2 Two Storey Dwelling File: T6-12-235 


GOAL 2: 

To Foster and Enhance Effective Social, Cultural and 

Community Relations Building Respect and Civic Pride 

2.1 Donation to Schools in the Macleay Valley File: F12/319 

2211 KEO 

SUMMARY 

Reporting on Council‟s support of local schools through a $50 donation per school. 



That Council provides a $50 donation to each school in the Macleay Valley 

from the annual donation budget. 

Environmental: Nil. 

Social: Ongoing support for our schools provides the school communities an 

opportunity to recognise excellence and source resources needed for students. 

Economic (Financial): There are 23 schools in the Macleay Valley, both primary 

and secondary. A provision of $50 per school represents an allocation of $1,050 

from the donations budget of $8,840. 

Policy or statutory: This report meets the statutory obligations for the making of 

donations. 

Council‟s Community Grants Program policy outlines how donations are to be 

administrated including grants/donations sought outside the programs guidelines. 



In providing the schools with a $50 per school donation, Council continues the 

support that has been provided over the past years. This donation is used for a 

variety of awards, books and other school materials. 

Council‟s Community Grants and Donations budget is to support local organisations 

in developing community capacity and capabilities. 

2.2 Council Appointed as Trustee of the Smithtown Hall File: F12/251 

2211 KEO 

SUMMARY 

Reporting on Council being appointed the trusteeship of the Smithtown Hall Reserve 

Trust. 



1 That the Smithtown Hall Committee be appointed as a 355 Committee 

of Council. 

2 That the delegation be for the management of the Smithtown Hall. 

Environmental: Nil. 

Social: The Smithtown Hall provides an important social venue for residents of the 

Smithtown area. 

Economic (Financial): The facilities provided at the Smithtown Hall will be 

covered by Council‟s existing insurance arrangements. 

Policy or statutory: Section 355 of the Local Government Act outlines how a 

council exercises its functions. Under this section Council has determined to 

exercise its functions relating to halls, tennis facilities and cultural/environmental 

services via citizen membership committees of Council. 


Background Information 

At Council‟s meeting of 11 December 2007 a report was considered on the future 

management of halls within the Shire. At this meeting Council resolved: 

“That Council proceed with the transfer of trusteeships of community halls at 

Smithtown, Willawarrin, Bellbrook, South West Rocks and Frederickton to Council.” 

Whilst the halls of Willawarrin, South West Rocks and Frederickton were transferred 

to Council the remaining halls of Bellbrook and Smithtown remained outstanding. 

Appointment of Trust Reserve Manager 


On Friday, 17 August 2012 Council was appointed as the Smithtown Hall Reserve 

Trust for Reserve No R1035908 for community purposes. 

As with other hall committees, Council under Section 355 of the Local Government 

Act establishes hall committees to oversee the day to day management of the 

facility. 

Council is now requested to establish the Smithtown Hall Committee as a 355 

Committee of Council to facilitate the management of the facility. 

GOAL 3: 

To Plan and Fund the Shire‟s Infrastructure and Service Needs 

3.1 Masterplan for the Development of Service Clubs Park, Central 

Kempsey 

3164 RJS 

SUMMARY 

To consider a draft concept for future development of an adventure park within 

Service Clubs Park, Kempsey. 



That Council proceeds to place the draft concept design on public 

exhibition for a minimum of 28 days community consultation prior to 

adoption. 

Director Infrastructure Services Recommendation: 

That Council proceeds to place the draft concept design on public 

exhibition for community consultation prior to adoption. 



Policy or Statutory: This project is not considered as a priority for Council and is 

therefore not listed in Council‟s Operating plan. Any future works resulting from the 

plan should be listed on Council‟s unfunded projects lists for future consideration 

against all of the other priorities of Council. 

Economic (Financial): The cost associated with development of the plan has been 

funded by the Kempsey Family Support Services [KFSS] under the grant funding 

received for the Macleay Valley Communities for Children Plus Program. This 

funding focused upon development of an interactive play area within Service Clubs 

Park. The project has resulted in the development of an overall Masterplan for 

future development of the park which can be adopted by Council. There is also a 

Concept Design Plan for the play area. It is unclear how much of the plan can be 

implemented by KFSS with the funding remaining under the grant. 


There is no direct funding proposed from Council, however there are some indirect 

costs incurred in providing technical support to the project and supervising works 

upon Council‟s land. 


The Kempsey Family Support Service was successful in obtaining a grant for 

approximately $40,000 from the Communities for Children Plus Program 

administered by The Benevolent Society on behalf of the State Government. The 

scope of works for the grant included consultation with the community to identify 

the opportunities for improvement, the development of a design for the works and 

ultimately construction of an interactive play area within Service Clubs Park along 

Belgrave Street, Kempsey. 

Councillors and Council staff participated in the community consultation where 

significant input was provided by the community. More recently, the site was 

included as a case study in a workshop held in Kempsey about „Child Friendly By 

Design‟. 

At the end of this process, a concept design and Masterplan document for the 

proposed play area within Service Clubs Park has been developed based on all the 

input which has been provided from Council and the community. The draft 

masterplan document is contained in (Appendix A – Page IS1). 

The concept design for the proposed play area was developed following the 

masterplan. A copy of the draft concept design for the play area including the 

supporting document is contained in (Appendix B – Page IS27) part 2, part 3. 

It is recommended that Council seek submissions from the community prior to 

endorsing the masterplan and concept design work which has been completed. 

Council‟s role in the project has been limited to participating in the community 

consultation and providing peer review and technical support during the design 

stages. Future involvement will be limited to providing in-kind technical support to 

Kempsey Support Services whilst they organise and manage contractors to 

undertake the works proposed on the interactive play area. 

It is unclear how much of the works can be achieved from the grant funds at this 

state. However, adoption of the Masterplan by Council will provide a starting point 

for undertaking works and a basis for future grant applications. The final scope of 

works to be completed will be determined by Kempsey Family Support Services in 

consultation with Council staff following adoption of the Masterplan and Play Area 

Concept Design. 

3.2 Reallocation of Capital Funding for the Water Fund 

3172 RJS 

SUMMARY 

To consider the reallocation of capital funding outlined for Goal 3, Infrastructure 

and Services, Water Fund. Water Services are proposing to reallocate funding from 

the Crescent Head Water Treatment Facility upgrade to replacement of the 

disinfection system at Steuart McIntyre Dam. 




That Council reallocate capital funding of $200,000 in the Delivery Program 

from the Crescent Head Water Treatment Plant to an upgrade of the 

disinfection system at Steuart McIntyre Dam. 


Environmental: Nil 

Social: The Steuart McIntyre Dam provides drinking water to a significant 

population in the Kempsey and Lower Macleay areas. Failure of the disinfection 

system at Steuart McIntyre Dam could result in un-disinfected drinking water being 

supplied to Customers. 

Economic (Financial): Council needs to undertake further investigations to 

determine the future strategy for our drinking water systems. Until the long term 

strategy is confirmed, it is important that financial expenditure is minimised unless 

justified. It is difficult to justify the expenditure at Crescent Head Water Treatment 

Plant at this stage. 

It is clear that replacement of the disinfection system at Steuart McIntyre Dam is 

required in the short term. 

Policy or Statutory: The disinfection system at the Steuart McIntyre Dam is 

currently non-compliant to Dangerous Goods storage requirements. Risk 

evaluations of the system have indicated that the system poses a high risk of 

failure resulting in un-disinfected drinking water entering the distribution system or 

a significant chemical spill on-site. 


The 2012-13 Delivery Program has $200,000 allocated towards Crescent Head 

Water Treatment Plant (WTP). This funding was allocated to undertake preliminary 

works in planning to construct a balance tank as well as a water treatment plant. 

Substantial funding in the future has also been identified to complete construction 

and commissioning of the proposed plant. 

In reviewing the adopted 2012-13 Operating Plan, it was identified that there is a 

need for a complete review of the long term investment strategy for future 

augmentation/improvement of Council‟s water supply system(s). This is essential to 

ensure that the actions undertaken in the near future will return the greatest 

benefit to the community over the longer term. 

The key outcome from this investigation will be to determine whether centralised or 

decentralised water treatment facilities are appropriate for the Kempsey Shire area. 

The investigation will include future secure yield and water quality modelling for 

each of our drinking water catchments to determine: 

where are water sources and treatment facilities best located 

how much water we are likely to obtain 

what will the water quality be from each of these sources. 


The investigation will also compare the capital costs for improving our decentralised 

water treatment plants, including the Crescent Head WTP, versus centralising our 

supply from the Steuart McIntyre Dam. For example, should Council link Hat Head 

and Crescent Head to the Kempsey system? The options investigation will 

investigate both cost and non-cost factors in determining the overall preferred 

option(s). 

This investigation will be used to develop an investment strategy for our drinking 

water infrastructure and determine where capital expenditure should be maximised 

in the future delivery programs. Should the preferred option be to move from our 

current decentralised systems to a centralised system, then investment to improve 

the Crescent Head WTP may not be necessary. For this reason, it is preferred not to 

expend the capital funding allocated to for Crescent Head WTP in this financial year. 

The hypochlorite dosing facility at the Stuart McIntyre Dam is non-compliant to 

Dangerous Goods storage requirements and prone to failures. Recent risk 

evaluations of this system have indicated that it poses a high risk of failure 

potentially resulting in un-disinfected drinking water entering the distribution 

system and for environmental spillage. There is also a risk of chemical spills on-site 

should the hypochlorite storage system fail. The containment bund will not contain 

the total volume of chemicals stored at this facility. 

The condition of the system was recently highlighted during routine inspection of 

the site by staff from the NSW Office of Water. A copy of the recent correspondence 

is contained in (Appendix C – Page IS36) for information. It is imperative that 

Council progress with upgrading of this system in the immediate future. 

The proposed reallocation of funding from the Crescent Head WTP to an upgrade of 

the disinfection system at Steuart McIntyre Dam is recommended. 

3.3 Revegetation Program – Sherwood Borefield - Grant Opportunity 

3172 RJS 

SUMMARY 

To consider and approve Kempsey Shire Council‟s participation in a revegetation 

program on the Sherwood Borefield with the Northern Rivers Catchment 

Management Authority under the federally funded “Clean Energy Future 2011-2012 

Biodiversity Fund” grants program. 



That Council undertake revegetation works utilising grant funding from the 

Northern Rivers Catchment Management Authority under the “Clean 

Energy Future 2011-2012 Biodiversity Fund” in the amount of $164,300 in 

accordance with the report. 


Environmental: This project will result in significant environmental improvements 

to Council owned land both upstream of and within the Sherwood Borefield. The 


evegetation will result in improvements in water quality within the Macleay River 

as well as Kempsey Shire Council‟s Drinking water. The project will provide Council 

the opportunity to demonstrate its commitment to ecological land management. 

Additionally, this project will help in reducing erosion issues upstream of the 

Sherwood Bridge which currently is threatening to impact the northern bridge 

abutment. 

Social: The Sherwood Borefield provides drinking water to a significant population 

in Kempsey and the Lower Macleay. Protection of the drinking water is important 

for ensuring that safe drinking water is supplied to the community. Participation in 

this project provides opportunities to develop partnerships with the Catchment 

Management Authority and adjacent property owners to protect the drinking water. 

Economic (Financial): In implementing the management plan for the borefields 

Council had already planned for expenditure in this area in the future. Participation 

in the grant will effectively extend the area of the works to land outside of the 

borefield area and permit the completion of additional work to that originally 

planned by Council. 

Policy or Statutory: Council is required under the Australian Drinking Water 

Guidelines to implement risk management to ensure the safe supply of drinking to 

residents. Improving riparian vegetation is a key action in reducing the risk of 

contamination from competing landuses. 


The Northern Rivers Catchment Management Authority has been successful in 

obtaining grant funding from the Australian Government “Clean Energy Future 

2011-2012 Biodiversity Fund”. This project supports up to five private landholders 

and Council to improve the quality and extent of river bank and floodplain 

vegetation upstream and adjacent to the Sherwood Borefield. This area includes the 

Sherwood Borefield recharge channel. 

The Sherwood Borefield recharge channel facilitates re-charging of the underlying 

aquifer, directly from the Macleay River. The Borefield has a number of bore pumps 

that pump water from the aquifer, up to the Steuart McIntyre Dam. Water from 

the Steuart McIntyre Dam is disinfected and distributed for drinking water to 

Kempsey and the Lower Macleay. The Steuart McIntyre Dam is the major supply of 

drinking water for the Kempsey Shire local government area. 

Council is legislated, through the NSW Department of Health and the Australian 

Drinking Water Guidelines, to provide safe drinking water to the community. To 

adhere to these guidelines, amongst many other requirements, Council is required 

to ensure that drinking water catchments are protected. Protection of the Sherwood 

Borefield is of particular importance, due to agricultural use upstream and 

surrounding the borefield, and the potential impacts this land use may have on 

water quality. These impacts may include: 

Erosion causing sediment contamination of the water which may result in 

nutrient or pathogen release into the water. Nutrients can affect the water 

by allowing algal growth which may release algal toxins that are harmful to 

human health and can cause taste and odour issues. Pathogens can be 

trapped in sediments which can harmful to human health. 

Herbicide run-off after application on land for improved pasture work. The 

chemicals in herbicides may be harmful to human health. 


Faecal matter run-off from properties with stock on them that may contain 

pathogens and viruses harmful to human health. 

There are many ways of improving the protection of the catchment. The most 

practiced is revegetation of river corridors and catchment areas. Vegetation along 

river corridors and in catchment areas traps runoff from properties and provides 

filtration of runoff prior to it entering the river. This also significantly reduces the 

potential for erosion and greatly improves the control of sedimentation within the 

environment. 

To ensure that Council protects the Sherwood Borefield catchment area, in 2010 

Council staff prepared a Plan of Management for the Borefield. The Plan of 

Management identified a number of areas requiring remediation works, to reduce 

runoff and erosion, and suggested a number of methods of remediation, including 

engineering works and revegetation. Revegetation in most circumstances is the 

preferred option as it is usually less expensive and more aesthetically pleasing in 

appearance. 

In 2011, Council began discussions with the Catchment Management Authority 

(CMA) to develop ways in which we could work together with adjacent landholders 

in implementing the revegetation works suggested in the Plan of Management. The 

CMA suggested that Council support a large scale project for biodiversity 

revegetation in the area together with the landholders. The CMA applied for and 

was successful in obtaining grant funding, over three years for this project. 

Council‟s involvement in this project includes undertaking revegetation works 

adjacent to the recharge channel, at cost, and revegetation works within the river 

corridor, funded by the grant. A map of the intended work by Council has been 

included as an attachment (Appendix D – Page IS37). 

Upstream property owners will also be participating in this program through 

vegetation of the river corridors on their properties. It should be noted by Council 

that some of the land is actually owned by Council for flood mitigation purposes, 

but for a long time has been managed by these landholders. 

To receive the grant funding, Council is required to enter into a contract with the 

CMA to ensure we deliver the services in accordance with the grant application. The 

project will involve staff from Council‟s Infrastructure and Sustainable Environment 

Divisions to deliver the outcomes. The contract requires Council to expend the 

funds and provide reporting upon completion of milestones. The overall funding for 

the program has been outlined in the table below. 

CMA 

Funding 

Council 

Contribution 

Grant 

Year 1 Year 2 Year 3 Year 4 TOTAL 

2011/12 2012/13 2013/14 2014/15 

$27,300 $11,700 $84,300 $41,000 $164,300 

$50,000 $13,000 $115,000 $60,000 $238,000 

It should be noted that due to delays in grant processing, Years 1 and 2 have been 

rolled together to be delivered in 2012/13. 

The financial contribution from Council is funded through existing operational and 

capital budget allocations in the Water Fund for source water control activities. This 

was originally intended to undertake activities within the borefield & recharge 


channel under the adopted plan of management which through the grant program 

can now be extended to include areas upstream of the borefield. 

As a landowner, Council is also obliged to manage the lands, and undertake weed 

and vegetation control as part of its normal operating budget. Capital funding 

towards undertaking revegetation works was committed in adoption of the 

Management Plan for the Sherwood Borefield. 

Council will also be required to agree to sign a 10-year Property Vegetation Plan 

(PVP). This is a normal requirement for any organisation or individual that receives 

funding greater than $15,000 from the Catchment Management Authority. This PVP 

will be developed for the whole project and will need to be signed by Council as well 

as the other property land managers involved in the collaborative project. The PVP 

will include, but is not limited to, the requirements to monitor the project site, 

continue weed control, exclude grazing and retain native growth. These conditions 

do not differ from Council‟s normal land management practices and there are no 

concerns in entering into this agreement. 

There are a number of benefits that Council will obtain through participation in this 

project, including: 

Land management improvements and improved drinking water catchment 

protection 

Upstream improvements in land management and thus increased protection 

of our drinking water catchment 

In some cases, upstream land improvements on Council owned land with 

works undertaken and managed by private property owners 

Increased partnerships through developing a working relationship with the 

Catchment Management Authority and adjacent property owners 

Increased stream channel stability and hence protection against erosion 

during flood events. Erosion in the area upstream of the Sherwood Bridge 

has the potential to affect the footings of the bridge and the recharge 

channel. 

Provide an education area to demonstrate Council‟s commitment to 

ecological land management and drinking water management. 

It is recommended that Council resolved to participate in this project and that 

Council accepts the grant funding and enters into a contract with the CMA to deliver 

Council‟s component of the project and a 10 year Property Vegetation Plan. 


File: T6-12-264, F12/72 


3.5 Reclassification of Council Owned Land 

3163 RJS 

SUMMARY 


A report to consider the reclassification of various parcels of Council owned land. 



1 That pursuant to Section 30 of the Local Government Act 1993, 

Council commence the process to reclassify the following lands as 

“operational”: 

Lot 34 DP1033470 (extension to Frederickton cemetery) 

Lot 11 DP816589 (Euroka Cemetery) 

Lot 36 DP1011989 (proposed Yarravel cemetery) 

Lot 8 DP9232 (Landsborough Street, South West Rocks) 

2 That pursuant to Section 32 of the Local Government Act 1993, 

Council commence the process to reclassify Lot 24 DP748740 as 

“operational” land on the basis of the topography of the land and the 

difficulty in providing public access to the land. 



Economic (Financial): There will be nominal direct costs to Council in advertising 

the proposed reclassifications and in holding a public hearing as required under the 

legislation. 

Policy or Statutory: The process of reclassification is prescribed by the provisions 

in the Local Government Act 1993 


Legislative Background to Land Classification 

The introduction of the Local Government Act in 1993 required that all councils 

classify the land they own. There are two classifications – “operational” and 

“community”. 

Whilst there is neither a definitive nor exhaustive list, examples of land classified as 

“operational” would include Council Offices, Depots, Water Treatment Plants, Water 

Reservoirs, Sewer Pumping Stations, Airports, Cemeteries and lands held as a 

temporary asset or as an investment. Examples of land classified as “community” 

would normally comprise a public park. 

Roads, and Crown land that Council manages „under Trust‟ pursuant to the Crown 

Lands Act 1989 do not require classification. 

The Local Government Act (Section 53) requires that lands held by Council at 1993 

be entered into a “land register”. Shortly after the introduction of the 1993 Act, 

Council classified the lands held by it at that time with this information forming the 

basis of the land register. 

Land acquisitions/purchases post creation of 1993 land register, require that 

Council undertake a separate classification process. A Council has a period of up to 

three months from the date of the land acquisition in which to carry out the land 


classification procedure – the procedure being detailed in the Local Government Act 

1993. 

If a Council fails to carry out the land classification procedure within three months, 

the land, even if it was intended to have, or be better suited to an “operational” 

classification, automatically defaults to a “community” classification. 

The Local Government Act 1993 further prescribes how a Council can deal with 

/manage land that is classified as “operational” or “community”. Of note, councils 

have no power to sell “community” land and there are numerous restrictions on a 

council‟s ability to lease or licence “community” land. Furthermore, all “community” 

land is to be managed in accordance with a Plan of Management adopted by Council 

following prescribed public consultation. Until such time that a Plan of Management 

is adopted by a Council, the use of the “community” land is not to change. For 

example, a Council could not enter into a lease or licence agreement pending 

adoption of the Plan of Management. 

It is important therefore, to correctly classify land and comply with the land 

classification process for lands purchased post 1993. 

With regard to land dedicated to Council post 1993 for the purposes of a public 

reserve, it is accepted practice that the dedicated land not be the subject of a 

separate classification process given that such land is to be classified “community” 

land as required by the Local Government Act. Dedications normally arise as a 

result of land subdivisions in urban areas where the land developer is required to 

set aside/ dedicate land for the purposes of public recreation. Dedications are 

commonly known as Section 94 contributions, so called after the provisions set out 

at Section 94 of the Environmental Planning and Assessment Act 1979 (E P & A Act) 

From time to time, errors and/or administrative oversights result in lands receiving 

an incorrect classification. 

The Reclassification of Land 

There is provision in the Local Government Act 1993 for land to be reclassified from 

“operational” to “community” and vice versa. 

The process of reclassifying “operational” land to “community” land is relatively 

short and uncomplicated. However, the process of reclassifying “community” land 

to “operational” land is a more complicated and time consuming process. 

Reclassification from “community” to “operational” - Scenario 1 

Where land that has received a “community” classification due to non-compliance 

with the three month period as mentioned earlier in this report, this land may only 

be reclassified by means of a Local Environmental Plan (LEP). This process requires 

preparation by Council staff of an amendment to the LEP and ultimately, approval 

of the NSW State Government. (Section 30 of the Local Government Act 1993 

details the process). Management of this process can be reasonably „hungry‟ of 

staff resources. 

Reclassification from “community” to “operational” - Scenario 2 

Where land that has received a “community” classification being land dedicated 

under Section 94 of the E P & A Act 1979, Council may resolve to reclassify the land 

only if it satisfied that the land has been found to be unsuitable for the provision or 

extension of public amenities if one or more of the following criteria are met: 


the size of the land 

the shape of the land 

the topography of the land 

the location of the land 

the difficulty of providing public access to the land 

(Section 32 of the Local Government Act 1993 details the process) 

In both Scenario 1 and 2, public consultation is required before the land may be 

reclassified. 

Land Owned by Kempsey Shire Council Proposed to be Reclassified 

Periodic reviews of Council‟s land register occur as part of current operational 

practices or as part of longer term planning of Council‟s land assets. 

Cemeteries 

A recent review of all cemeteries has indicated that the majority of lands are Crown 

land over which Council has effective operational control. The operational control 

was passed to councils by the State following a 1967 amendment to the Local 

Government Act 1919. The Local Government Act 1993, at Section 48, confirms 

the operational control. As noted earlier in this report, Crown land is not required 

to be classified. 

However, Council has on prior occasions purchased land to add to existing 

operating cemeteries and on one occasion purchased land from a Church which had 

operated the cemetery. It appears that no action at the time of purchase was 

taken to classify these additions and by default these additional lands have received 

a “community” classification. Within the meaning ascribed by the Local 

Government Act 1993, Council has not adopted a Plan of Management for any of 

these additional lands. Longer term planning and the flexibility to adapt to changes 

in operational requirement means that cemeteries are better suited to an 

“operational” classification as distinct from a “community” classification. 

Landsborough Street, South West Rocks 

In 1994, Lot 8 DP9232 was purchased in Landsborough Street, South West Rocks, 

to add to the existing adjoining lots owned by Council. Lot 8 DP9232 was 

purchased specifically for economic development purposes. Lot 8 DP9232 contains 

a residential dwelling which is subject to a Residential Tenancy Agreement. At the 

time of purchase, no action was taken to classify the land and it has acquired a 

“community” classification by default. If Council was at some future time to 

reconsider the redevelopment of Lot 8 in conjunction with the adjoining 

“operational” lands, Lot 8 would need to be excluded from any redevelopment 

proposal until such time it is reclassified to “operational”. 

Land at „New Entrance‟ 

On 31 August 1987, the developers of the residential estate at New Entrance 

dedicated to Council an area of 4.83Ha for public recreation – Lot 24 DP748740. 

The amount of land dedicated was in excess of the requirements for the 1987 

development. Thus, future residential development in the vicinity can use the 

excess land as a credit for future dedications. As a public park / recreation area, 

the dedicated land has received a “community” classification. 


The dedicated land contains land at such an elevation that was the ideal site for the 

water reservoir that serves the residential estate. At present, the dedicated land is 

zoned for environmental protection as distinct from public recreation purposes with 

access to the dedicated land by means of an unformed Crown road. There are no 

embellishments on the land for public recreation purposes, although in the longer 

term, a viewing platform near the water reservoir may be an option. Convenient 

access by the public to the dedicated land is at present difficult and the current 

vegetation and topography are not inviting to the public for recreational pursuits. 

The difficulty in providing public access to the land combined with its topography 

are two criteria specified at Section 32 of the Local Government Act 1993 whereby 

a Council can resolve to reclassify the land. Furthermore, the dedicated land 

contains an item of Council operational infrastructure, namely a water reservoir. As 

such, an “operational” classification would be preferable. A change to an 

“operational” classification does not diminish the ability to embellish the land at 

some future time for public recreation purposes. 

For the reasons detailed in this report, it is recommended that the following lands 

be reclassified to “operational”: 

Lot 34 DP1033470 (extension to Frederickton cemetery) 

Lot 11 DP816589 (Euroka cemetery) 

Lot 36 DP1011989 (proposed Yarravel cemetery) 

Lot 8 DP9232 (Landsborough Street, South West Rocks) 

Lot 24 DP748740 (land at „New Entrance‟) 

3.6 Tender for Bitumen Sealing and Asphalt Paving Works in 

Kempsey Shire Council Area – Tender No. T2012-005 

File: T2012-005 

3111 RJS 

SUMMARY 

A report outlining the outcome of the calling of tenders for bitumen sealing and 

asphalt paving works in the Kempsey Shire Council area for the period from 1 

August 2012 to 30 June 2015. 



1 That Council accepts the tender of SRS Roads Pty Ltd for Tender 

T2012-005 Separable Portion A (Sprayed Bituminous Seals) for the 

period from 1 August 2012 to 30 June 2015. 

2 That the contract agreement be executed under the Seal of Council. 

3 That no tender be accepted for Tender T2012-005 Separable Portion 

B (Asphaltic Concrete Paving). 



Environmental, Social, Policy or Statutory: Nil 

Economic (Financial): Bitumen sealing and asphalt paving works are funded in 

the Operating Plan. 


Tenders were invited by “Open Tender” in accordance with s167 of the Local 

Government (General) Regulation 2005 for the provision of bitumen sealing and 

asphalt paving works for a period from 1 August 2012 to 30 June 2015. Tender 

documents, including a Specification for the services required to be provided, were 

downloaded by 13 persons or firms and tenders closed at 2.00pm on Tuesday 

31 July 2012. 

The Tender included separable portions, Separable Portion A for Sprayed 

Bituminous Seals and Separable Portion B for Asphaltic Concrete Paving. At the 

close of tenders, six submissions had been received. One submission was for 

Separable Portion A only, three submissions were for Separable Portion B only, and 

two submissions were for both. The companies who submitted tenders were: 

Fishers Asphalt 

Boral Asphalt 

SRS Road Services 

RPQ Asphalt Pty. Ltd. 

Diveva Pty. Ltd. 

Tropic Asphalts 

A Tender Evaluation Panel (TEP) was formed which included the following staff: 

Manager Operations 

Director Corporate Management 

Technical Support Officer – Operations 

The tenders received were firstly considered by the TEP for conformance with the 

Conditions of Tendering and the Specification which formed part of the Tender 

Documents. One tender response was deemed non-conforming. The tender of 

Fishers Asphalt had changed the Schedule of Rates such that a comparison of 

tendered rates could not be properly made. All other tenders were evaluated 

against the assessment criteria nominated in the Tender Documents for each 

Separable Portion: 

Track record of Company (general reputation for work competence, 

delivery and service); 

Product Quality (quality standards, suitability) and/or Technical 

Expertise (credentials of key personnel, systems and techniques, 

depth and nature of support); 

Time Performance (ability to provide goods or services on time); 

Price; 

The ability of the contractors to demonstrate that they can comply 

with current Work Health and Safety, Workers Compensation and 

Environment legislation applicable to the contracted works; 

The ability of contractors to demonstrate that they can meet the 

provisions of Kempsey Shire Council‟s Contractor Safety Management 

Procedures OHSP0014. 

Evaluation and price analysis of the tenders received was undertaken by the TEP. 

The analysis is included in (Confidential Appendix A – Page IS1). For Separable 


Portion A, the analysis of prices was performed by pricing a typical bitumen sealing 

program that would be carried out during one visit to the Kempsey Shire area. For 

Separable Portion B, the pricing analysis was performed by a summation of five 

different quantities of asphalt paving. 

Following the analysis for Separable Portion A (Sprayed Bituminous Seals), the 

evaluation panel recommends that the tender of SRS Roads Pty Ltd be accepted as 

“the tender that, having regard to all the circumstances, appears to it to be the 

most advantageous” in accordance with s178 of the Regulation. 

For Separable Portion B (Asphaltic Concrete Paving), the total quantity of asphalt 

used by Council in any one year is not sufficient that tenders need to be called but 

doing so allowed all interested suppliers and competitive pricing to be identified. 

Following analysis of the tenders received, and having regard to the expected 

quantities likely to be used, there was no clear preference for any tender and the 

evaluation panel believes a better outcome would likely result from calling for 

quotations for individual projects in accordance with Council‟s procurement policies. 

The panel, therefore, does not believe a tender should be accepted for Separable 

Portion B (Asphaltic Concrete Paving). 

GOAL 4: 

To Pursue Beneficial Relationships With Regional Neighbours 

and Other Levels of Government 

The following item was brought forward and dealt with prior to item 4.1. 

5.3 Election of Deputy Mayor 

SUMMARY 

Reporting on the election of a Deputy Mayor. 



1 That election of a Deputy Mayor be held. 

2 That the term of the Deputy Mayor be 12 months. 

The General Manager as returning officer advised that two nominations had 

been received for Deputy Mayor being Councillors Patterson and Saul. An 

election by open voting resulted in the following; 

Councillor 

Patterson 

Campbell 

Green 

Gribbin 

Kesby 

Morris Abstained 

Patterson 

Saul 

Williams 


Saul 

 

 


Councillor Patterson was declared elected as Deputy Mayor. 

Director Corporate Management Recommendation: 

That election of a Deputy Mayor be held. 


Environmental, Economic, Social: Nil 

Policy or Statutory: Section 231 of the Local Government Act provides for the 

election of Deputy Mayor. 


Section 231 of the Local Government Act provides that Councillors may elect from 

among their number a Deputy Mayor, and any such election may be for the Mayoral 

term or a shorter term. A Council does not have to elect a Deputy Mayor. 

The Deputy Mayor may exercise any function of the Mayor at the request of the 

Mayor, of if the Mayor is prevented from exercising the function; or if there is a 

casual vacancy in the office of Mayor. 

Section 249 provides that “a council may pay the Deputy Mayor (if there is one) a 

fee determined by the council for such time as the Deputy Mayor acts in the office 

of the Mayor. The amount of the fee so paid must be deducted from the Mayor‟s 

annual fee”. 

The procedure for election of Deputy Mayor is as follows: 

Nominations 

The Local Government (General) Regulation 2005 provides that nominations for 

Deputy Mayor must be in writing, signed by two Councillors (one of whom may be 

the nominee), and the nominee must consent in writing to the nomination. 

Nominations are to be “delivered or sent to the returning officer”, that is the 

General Manager, who shall announce the names of the nominees at the Council 

meeting at which the election is to be held. 

A nomination form for Deputy Mayor has been provided to Councillors with this 

agenda. 

Method of election 

Where only one Councillor is nominated, that Councillor is declared elected. 

Where more than one Councillor is nominated, the Council is to resolve whether the 

election is to proceed: 

by preferential ballot; 

by ordinary ballot; or 

by open voting. 

Preferential ballot and ordinary ballot are secret ballots, whereas open voting 

means by a show of hands or similar means. 


Preferential Ballot 

The ballot-papers are to contain the names of all the candidates. Councillors are to 

mark their votes by placing the number “1”, “2” and so on against the various 

names so as to indicate the order of their preference for the candidates. 

Ordinary Ballot 

Under ordinary ballot, the General Manager is to decide the manner in which votes 

are to be marked on the ballot-papers. 

Counting 

The counting process is virtually the same for both preferential ballot and ordinary 

ballot where there are only two candidates, (i.e. the candidate with the higher 

number of votes is elected). 

However where there are three or more candidates the counting process for: 

(i) 

(ii) 

ordinary ballot requires the one with the lowest number of votes to be 

excluded and further votes taken until such time as only two candidates 

remain; 

preferential ballot requires the successful candidates to secure an “absolute 

majority” of votes (i.e. a number more than one-half the number of formal 

un-exhausted ballot papers). If an absolute majority is not obtained on first 

preference votes, the candidate with the lowest number of votes is excluded 

and the second preferences on those ballot papers are transferred to the 

remaining candidates. 

If no candidate then has an absolute majority of votes, the process of excluding the 

candidate who has the lowest number of votes and transferring the votes in order 

of the voter‟s preference is repeated until one candidate has received an absolute 

majority of votes. 

With tied candidates, if on any count of votes, there are 2 candidates in and 

number of votes cast is equal, the candidate whose name is first chosen by lot is 

taken to be elected. If on any count of votes, there are 3 or more candidates in, or 

remaining in, and the numbers of votes cast for 2 or more candidates are equal and 

those candidates are the ones with the lowest number of votes, the candidate 

whose name if first chosen by lot is taken to be excluded. 

4.1 Appointment of Councillors 

4111 DLR 

SUMMARY 

Council is involved in a number of external bodies that require representation. In 

addition, there are a number of committees and working groups that have 

councillor representation. 

Election of one Councillor to the Australia Day Committee 


Councillor Green was the only nomination to the Australia Day Committee and was 

declared elected. 

Election of two councillors to the General Manager‟s Performance Review 

Panel 

Councillors McGinn, Kesby, Morris and Green were nominated. An election 

resulted in the following votes; 


McGinn 


Kesby 


Morris 


Green 

Campbell 

Green 

Gribbin 

Kesby 

 

Morris 

 

Patterson 

Saul 

 

Williams 

At this stage Councillor Kesby was excluded and Councillor McGinn elected. 

A further count resulted in the following votes being recorded. 

Campbell 

Green 

Gribbin 

Kesby 

Morris 

Patterson 

Saul 

Williams 


Morris 

 

 

 


Green 

 

 

 

 

 

Councillor Green was elected. 

Election of two Councillors to the Natural Resources Working Group 

Councillors Green and Williams were nominated and being the only nominations 

were declared elected. 

Election of two Councillors to the Saleyards Advisory Group 

Councillors Morris and Saul were nominated and being the only nominations were 

declared elected. 

Election a Councillor to the Bush Fire Management Committee 

Councillors Morris was nominated as the delegate and Councillor Saul as the 

alternate delegate and were declared elected. 

Election a Councillor to the Melville Community Centre Management 

Committee 


Councillors Green was nominated as the delegate and Councillor Campbell as the 


Election a Councillor to the Mid North Coast Regional Arts Board 

Councillors Gribbin was nominated as the delegate and Councillor Green as the 


Election a Councillor to the Mid North Coast Regional Weeds Advisory 

Committee 

Councillors Saul was nominated as the delegate and Councillor Morris as the 


Election a Councillor to the Floodplain Management Committee 

Councillors Green was nominated as the delegate and Councillor Morris as the 




1 That the councillors be confirmed to Council committees as follows; 

a 

b 

The Mayor and Councillor Green to the Australia Day Committee 

The Mayor, Deputy Mayor and Councillors McGinn and Green to 

the General Manager‟s Performance Review Panel 

2 That the councillors be confirmed to working parties as follows; 

a Councillor Green and Councillor Williams to the Natural 

Resources Working Group 

b Councillor Morris and Councillor Saul to the Saleyards Advisory 

Group 

3 That the Council confirms a Councillor and an alternate delegate to 

the following external groups; 

a Councillor Morris and Councillor Saul alternate to the Bush Fire 

Management Committee 

b Councillor Green and the Councillor Campbell as alternate to the 

Melville Community Centre Management Committee 

c Councillor Gribbin and Councillor Green alternate to the Mid 

North Coast Regional Arts Board 

d Councillor Saul and Councillor Morris alternate to the Mid North 

Coast Regional Weeds Advisory Committee 

e Councillor Green and Councillor Morris alternate to the 

Floodplain Management Committee 

4 That the Mayor be retained as the delegate to the following 

committees; 

a 

b 

Community Development and Support Expenditure Committee 

Local Traffic Committee 

5 That the existing committee structure be retained until another report 

comes back to Council in February 2013 to review the structure. 


6 That the term of appointments be 12 months. 

General Manager‟s Recommendation: 

1 That the councillors nominate to Council committees: 

a 

b 

The Mayor and one councillor to the Australia Day Committee. 

The Mayor and two councillors to the General Manager‟s 

Performance Review Panel. 

2 That the councillors nominate to working parties: 

a 

b 

One councillor and an alternative delegate be appointed to the 

Natural Resources Working Group. 

One councillor and an alternative delegate be appointed to the 

Saleyards Advisory Group. 

3 That the Council appoint a delegate to the following external groups: 

a 

b 

c 

d 

Bush Fire Management Committee. 

Melville Community Centre Management Committee. 

Mid North Coast Regional Arts Board. 

Mid North Coast Regional Weeds Advisory Committee. 

4 That the Mayor be retained as the delegate to the following 

committees: 

a 

b 

Community Development and Support Expenditure Committee. 

Local Traffic Committee. 

5 That the existing committee structure be retained until another report 

comes back to Council to review the structure. 



Policy or Statutory: Policy 5.2 – Committees of Council applies to this 

recommendation. Clause 2.6 of CPOL-46 – Payment of Expenses and Provision of 

Facilities to the Mayor and Councillors, also applies to the financial implications. 

Economic (Financial): Delegates appointed to the various committees or groups 

can claim travel expenses relating to the meetings. These costs are allowed for in 

the budget for councillors‟ travel. 


Committees can be formed for a number of reasons. They will generally fall under 

the following types: 

1) Advisory Committees to Council: These are committees that the councillors will 

establish to assist them in their role as a councillor by seeking a wider 

participation prior to a matter being determined by the councillors. They are 

considered best suited to specific issues where a wider range of experience or 


skills are needed to fully determine the community‟s wishes or position on a 

matter before it comes before the councillors. 

2) Delegated Decision Making of Councillors: These are committees that Council 

delegates its decision making functions to. These are seen as best suited to 

ongoing areas of Council‟s decision making where there is a need to include a 

wider range of experience and skills in the process of making the decision and 

councillors are happy that those wider skill sets are in a better position to make 

a good decision than the councillors in isolation. They can also be used as 

councillor only committees where the councillors are comfortable with only a 

smaller group of councillors making the decisions that will bind the Council. 

3) Advisory Committees to Staff: These are committees to assist staff by providing 

input into the development of aspects of the operations. In some cases these 

have an operational focus, such as developing procedures, and in other cases to 

provide input into the development of strategies and plans before they are put 

out to the public or before the councillors. 

Committees are just one of the forms of communication used as part of the suite of 

community engagement. In addition to formal committees, many informal meetings 

or working groups are formed to deal with specific matters. 

Council Committees 

The following is the current listing of committees. It is recommended that, at this 

time, the councillors retain the same committee structure until they have had time 

to go through the induction and get a feel for the areas in which they are looking to 

develop strategies and focus on. This will allow the councillors to also consider who 

needs to be on various committees. 

The Mayor is an automatic member of all committees of the Council, and can chair 

any committee meeting at which she is in attendance. 

AUSTRALIA DAY COMMITTEE 

Purpose: This committee assists in determining the awards for Australia Day 

honours. It is also sometimes used as a sounding board for the format and nature 

of events. 

Current Composition 

Mayor 

Betty Green (Councillor) 

Rotary clubs 

Lions clubs 

Country Women‟s Association 

Citizen of the Year (previous year) 

Young Citizen of the Year (previous year) 

DALMA 

SPADCO 

Crescent Head Chamber of Commerce 

SWR Chamber of Commerce 

COMMUNITY DEVELOPMENT AND SUPPORT EXPENDITURE COMMITTEE 

Purpose: This committee considers the allocation of part of the funding required to 

be allocated by the clubs in the region from their poker machine takings that is 

used to fund community groups. The committee considers the applications and 


determines the funding. The composition of this committee has been developed in 

agreement with the various clubs. 


Mayor 

Kempsey Macleay RSL Club 

SWR Country Club 

Crescent Head Country Club 

Kempsey Heights Bowling Club 

GENERAL MANAGER‟S PERFORMANCE REVIEW PANEL 

Purpose: This committee undertakes the performance reviews of the General 

Manager. All councillors have input into the performance review, with the 

committee then undertaking the review. 


Mayor 

Deputy Mayor 

Betty Green (councillor) 

General Manager‟s nominee 

LOCAL TRAFFIC COMMITTEE 

Purpose: This committee exists to provide the advice required to satisfy Council‟s 

delegation from the Roads and Maritime Services for traffic matters on the road 

network. The committee is primarily a technical review committee. 


Mayor 

Roads and Maritime Services (RMS) 

NSW Police (Kempsey Command) 

Appointed representative for the Hon Andrew Stoner MP 

PUBLIC FACILITY MANAGEMENT COMMITTEES 

Purpose: These are committees that the Council has delegated responsibility for 

running certain facilities owned or controlled by the Council. They have not 

traditionally had specific councillor representation. Their structure varies depending 

on what the current community involvement is. They are listed for information. 

Macleay Valley Community Gallery Committee 

Crescent Head Hall Committee 

Millbank Hall Committee 

Stuarts Point Community Hall Committee 

Sherwood Hall Committee 

SWR School of Arts Hall Committee 

Gladstone Youth and Community Hall Committee 

Smithtown Hall Committee 

Willawarrin Hall Committee 

Frederickton Hall Committee 

Gladstone Tennis Club 

Hat Head Tennis Club 

South Kempsey Tennis Club 

Stuarts Point and District Tennis Club 

Kempsey Tennis Club 

Bellbrook Tennis Club 


Kempsey District Silver Band Committee 

Kalateenee Recreation Reserve Committee 

Friends of Wigay Committee 

WORKS COMMITTEE 

Purpose: Where the councillors wish to undertake a site inspection or any matter 

affecting the functions of the Council. It is the only committee with delegated 

authority. As long as a quorum exists, the Works Committee can make a binding 

decision on the Council. 


All councillors 

The following are the Working Parties that have been formed by staff: 

NATURAL RESOURCES WORKING GROUP 

Purpose: The working group meets Council‟s requirement under the NSW Coast 

and Estuary Program and Floodplain Development Manual that it have a mechanism 

for consultation between government departments, Council and the community. 

The group provides input and advice on strategies and plans to be developed by the 




Jenny Sproule (councillor) 

Community members and Government Department 

SALEYARDS ADVISORY GROUP 

Purpose: To provide advice and feedback in the development of the Saleyards 

Business Plan. 


Dean Saul (councillor) 

6 community members (Byron Fegan, David Plumb, Geoff Griffin, Ian Argue, Brian 

Sowter, Richard O‟Leary) 

BUSINESS ADVISORY GROUP 

Purpose: An advisory group to provide input to the General Manager in a 

confidential environment on the views of business concerning the plans and 

directions proposed by staff. This group also is a forum to allow business to provide 

frank feedback on their views to the General Manager. 


General Manager 

Representative of each of top ten employers (non-government) 

Representative of each Chamber of Commerce 

The following are the external organisations on which the Council has 

representation: 

Bush Fire Management Committee 


Purpose: Liaison committee for Rural Fire Service and local government. Reviews 

the performance of the Rural Fire Service against the performance criteria in the 

service level agreement between the Rural Fire Service and Council. 

Delegate: Dean Saul (councillor) 

Melville Community Centre Management Committee 

Purpose: The facility was established with grant funding, which required the facility 

to be available for public access. The committee manages public access. 

Delegates: 


Jenny Sproule (councillor) 

Mid North Coast Regional Arts Board 

Purpose: The NSW State Government funds a number of regional arts boards, this 

is the one that covers our region. The purpose of the board is to encourage and 

promote the arts in the region. The councillor is to provide the conduit between the 

board and the Council. 

Delegate: Jenny Sproule (councillor) 

Mid North Coast Regional Weeds Advisory Committee 

Purpose: Formed to support the regional coordination of the noxious weeds 

response within the Mid North Coast. The group looks at the development of the 

regional strategies for the processes of dealing with and response to noxious 

weeds. 

Delegate: Dean Saul (councillor) 

At this stage 10.38am the meeting adjourned for morning tea and upon 

resumption at 11.00am all present at the adjournment were in attendance. 

4.2 Lobbying on Changes to level of Financial Assistance Grants 

SUMMARY 

Council has been approached by the Local Government and Shires Association to 

lobby the Commonwealth Government about the impact of changed indicators on 

the level of funding received under the Financial Assistance Grant. 



That Council not undertake lobbying on the matter of impact of change 

indicators on the level of funding received under the Financial Assistance 

Grants. 

General Manager‟s Recommendation: 


That Council not undertake lobbying on this matter. 


Environmental, Social, Policy or Statutory: Nil. 

Economic (Financial): There will be an impact on the current year‟s budget of 

approximately $200,000. 


Each year the amount of Financial Assistance Grant (FAG) is calculated based on a 

number of factors. Within these factors an estimation of the Consumer Price Index 

(CPI) is included. The initial assessment of the CPI made last year varied from the 

final indicator and this meant that the increase for this year is offset by a reduction 

for the amount overpaid last year. 

In addition, the FAG is based on population. New population figures are available 

and this has shown that the population balance between New South Wales and the 

other states has changed. This impacts on overall amount of the funding pool that 

is allocated to New South Wales, which in turn reduces the amount available to 

each council within New South Wales. 

There has been no information provided to show that the method of calculating the 

allocations has changed. In previous periods councils have benefitted from the 

actual CPI being higher than previously forecast and the resultant benefit to the 

budget bottom line. 

The Local Government and Shires Association is arguing for: 

1) the Commonwealth Government agreeing not to recoup the overpayment, as it 

is a small amount in their budget, or failing that; 

2) deferring the recoupment until the following year. 

While, initially, it would seem logical to argue to keep the funding, by doing so local 

government creates the following situation: 

1) It appears to want everything its own way – When we have received above 

expected funding we are quite happy to keep the funds and make no noise 

about it, but if things turn around we start to complain. 

2) We undermine any chance of other levels of government agreeing to a 

wealth tax to support local government – We are sending the strong 

message that as an industry we are not mature enough to budget for the 

uncertainty that growth taxes come with. It is unlikely that other levels of 

government would agree to changing the funding arrangement when their 

experience with local government is the moment things get grim we will be 

looking for more handouts. 

3) Indicate that we are poor financial managers – Any good business should be 

setting itself up to absorb financial shocks. Other than rates and annual 

charges, all income streams are subject to variability. By claiming that we 

cannot adjust within this year to an adjustment such as this (in our case a 

negative change of 0.5% in annual revenue) indicates that we are either 

poor financial managers or financially unsound. 

The impact of the changes in the level of FAG does impact on the ability of the 

Council to provide services, but this is considered simply a reality of life. All other 

levels of government are seeing significant reductions in the level of available funds 


and local government should not expect to remain unscathed. Retaining the funds 

for one year will have a short term impact, but will still require Kempsey Shire 

Council to make adjustments to its finances for the medium and longer terms. 

The current approach being taken is to review the budget to identify whether there 

are any efficiency savings that may be able to be pulled forward to allow for this 

year‟s services. The overall drop in revenue will then have to be factored into the 

long term estimates for future years and a decision made on the appropriate 

response. 

GOAL 5: 

To Ensure Leadership and Effective, Efficient Accountable 

Management 

5.1 Statement of Cash and Investments File: 303 

SUMMARY 

Reporting on the statement of bank balances and investments. 





Environmental, Social, Policy or Statutory, Economic (Financial): Nil 


The Local Government Act 1993 requires that council be notified at each ordinary 

meeting of details of all monies invested by Council. 

A statement of balances is shown in (Appendix A – Page CM1). 

The statement of investments is shown in (Appendix B – Page CM2). 

5.2 Delegation of Authority Procedure 

5312 DBH 

SUMMARY 

To adopt Delegations of Authority Procedure for the Mayor, General Manager and 

Committees of Council. 




That the delegations listed in the Delegation of Authority Procedure be 

adopted. 


Environmental; Social; Economic (Financial); Policy or Statutory: Nil. 


Attached at (Appendix C – Page CM3) is the current Delegation of Authority 

resolved by Council for the Mayor, General Manager and Committees of Council. 

In accordance with Section 380 of the Local Government Act each council must 

review its delegations during the first twelve months of each term of office. 

Whilst delegations can be amended at any time it is felt that the existing 

delegations meet the requirements of Council at this time. 

5.3 Election of Deputy Mayor 

This report was dealt with earlier in the meeting just prior to item 4.1. 

5.4 Council Meeting dates 

5312 PJH 

SUMMARY 

Reporting on the dates for Council meetings until the end of 2013. 

MOVED: 

Moved: Cl. Morris 


1 That the following schedule of Council meeting dates up to December 

2013 be adopted: 

Tuesday 16 October 2012 

Tuesday 20 November 2012 

Tuesday 18 December 2012 

Tuesday 19 February 2013 

Tuesday 19 March 2013 

Tuesday 16 April 2013 

Tuesday 21 May 2013 

Tuesday 18 June 2013 

Tuesday 16 July 2013 

Tuesday 20 August 2013 

Tuesday 17 September 2013 

Tuesday 15 October 2013 

Tuesday 19 November 2013 

Tuesday 17 December 2013 


2 That the October 2012 meeting be held at Smithtown, April 2013 

meeting be held at Frederickton and the October 2013 meeting be 

held at Hat Head. 

3 That Council meetings at the Civic Centre commence at 4.30pm and 

meetings at the villages commence at 9.00am. 



That Council move into committee of the whole to further discuss Council 

meetings times, dates and venues. 



That the Council meeting resume. 

An Amendment was MOVED: 

Moved: Cl. Saul 



2013 be adopted with meetings commencing at 9.00am: 















2 That the October 2012 meeting be held at Smithtown, April 2013 

meeting be held at Frederickton and the October 2013 meeting be 

held at Hat Head. 

2012. 302 The AMENDMENT was PUT to the MEETING and was CARRIED, became the 

MOTION and was CARRIED. 



2013 be adopted: 




Tuesday 15 January 2013 













2 That the April 2013 meeting be held at Frederickton and the October 

2013 meeting be held at Hat Head. 


Environmental: Nil 

Policy or Statutory: Section 365 of the LG Act requires Council to hold at least 10 

Council meetings a year, each time in a different month. 

Social: Setting dates allows for advertising of the dates so the public can know in 

advance when Council will be meeting. Council invites the public to attend its 

meetings and has taken two meetings each year to village areas. 

Economic (Financial): Costs to hold meetings are budgeted for under Goal 5. 

Extra staff time is involved in taking meetings to the villages. 


Council‟s current procedure is that its ordinary Council meetings be held on the 

third Tuesday of the month commencing at 9.00am. Council‟s current procedure 

has also been to hold two meetings per year (April and October) in a village area of 

the shire. The rest of the Council meetings are held at the Civic Centre. 

Meetings outside Kempsey 

Council‟s practice since 2009 has been for two Council meetings each year to be 

taken to the village areas of the Shire, usually held in the community halls. So far 

meetings have been held in Stuarts Point, Bellbrook, South West Rocks, Crescent 

Head, Willawarrin, Gladstone and Kundabung. April and October were selected to 

avoid temperature extremes of winter and summer. A village was not selected for 

the October 2012 meeting as it would be only the second meeting of the newly 

elected Council. 

Other villages yet to host a council meeting are Frederickton, Hat Head and 

Smithtown. 

5.5 Procedure on Payment of Expenses and Provision of Facilities 

to the Mayor and Councillors 

5312 PJH 

SUMMARY 


Reporting on the review of Council‟s procedure on the payment of expenses and 

provision of facilities to the Mayor and Councillors. This procedure is required to be 

reviewed annually and placed on public exhibition. 

2012. 303 RESOLVED: Moved: Cl. Morris 


That Council move into committee of the whole to further discuss Council‟s 

procedure on the payment of expenses. 



That the Council meeting resume. 



That Council‟s draft procedure on the payment of expenses and provision 

of facilities to the Mayor and Councillors be brought back to an 

extraordinary Council meeting aligned with an induction session and the 

procedure be amended in accordance with the discussions at this meeting. 


That Council‟s procedure on the payment of expenses and provision of 

facilities to the Mayor and Councillors be amended to include the changes 

as detailed in the report and the procedure be placed on public exhibition 

for 28 days. 



Economic: Council‟s 2012-13 Operational Plan provides the following budgets for 

councillors expenses and provision of facilities: 

Travelling expenses $16,327 

Communications expenses $11,483 

Delegates expenses (conferences) $26,780. 

Policy or Statutory: Section 252 of the Act requires Council to advertise its policy 

each year and then adopt its policy after considering any submissions. 


The Local Government Act requires that Council advertise its procedure on the 

Payment of Expenses and Provision of Facilities to the Mayor and Councillors each 

year and formally adopt it on an annual basis, prior to 30 November, with or 

without amendment. 

Annual review considerations 

In its annual review council should consider the appropriateness of the expense or 

reimbursement amounts in its procedure. If changes are to be made they should be 

made before exhibition of the draft procedure. The Division of Local Government 


makes it clear that payment of expenses must not be open-ended, but show 

expense limits. The current adopted expense limits are shown in the following 

table: 

Councillor using own vehicle (clause 2.6 (b)) (based on 

Local Government State Award) 

Meal cost limits when travelling outside area (clause 2.7 

(f)) 

Councillors communication costs (clause 2.9 (h)) 

Mayors communication costs (clause 2.9 (h)) 

Time limit for claiming expenses (clause 2.1 (b)) 

Accommodation reimbursement (clause 2.7(e)) 

$0.65/km (2.5L) 

Breakfast up to $27 

Lunch up to $38 

Dinner up to $65 

Up to $250 per month 

Up to $500 per month 

6 months 

Up to cost of 

conference venue 

Recommended amendments 

The amounts in the table above have been reviewed and are considered 

appropriate. 

The following amendments are recommended for inclusion in the new draft policy 

for public exhibition. 

2.7 Travel outside the Local Government area 

Amended in clause 2.7(c) to state that a councillor who elects to use their own 

vehicle instead of an available council vehicle will not be reimbursed any kilometre 

rate. It is felt that there are sufficient council fleet cars available for councillors 

travel outside the Shire. If there are occasions where a council fleet car cannot be 

provided the councillor can then use their own vehicle and will be reimbursed the 

kilometre rate under clause 2.6. 

2.9 Communications 

Clause 2.9 has been re-written to account for the introduction of new 

communication devices to replace laptop computers and facsimiles. 

The procedure document which shows amendments recommended is attached at 

(Appendix D - Page CM11). 

Public exhibition and submissions 

The Act requires that Council place its procedure on exhibition for 28 days, with or 

without amendment, and consider any submissions before adopting its procedure. 

Council is required to adopt its procedure each year before 30 November and then 

forward a copy of the adopted procedure to the Division of Local Government. 

16 QUESTIONS FOR NEXT MEETING 

(Excerpt from Code of Meeting Practice Procedure 5.1.4) 

2.4.3 Questions for Next Meeting 

1 Councillors, just prior to the end of a Council meeting, may raise 

questions on the understanding that the answers will be provided at 


the following meeting. Each Councillor will be allowed a maximum of 

five questions. 

2 Such questions will be recorded in the minutes of the meeting. 

3 When such questions are listed, there is nothing preventing an answer 

being given straight away if it makes sense to do so. (Local) 

COUNCILLOR SAUL 

3111 RJS 

QFNM1 

Will the NSW Roads Minister be inspecting the poor road pavement 

between Bellimbopinni and Frederickton at his next visit? 

COUNCILLOR SAUL 

QFNM2 

Will any action be taken on cars on private land opposite Woolworths? 

RESPONSE: 

The Director Infrastructure advised that no action can be taken on this matter as it 

is privately owned land. 

COUNCILLOR MORRIS 

QFNM1 

Draft South Kempsey Report has reference to anti-social behaviour but 

there is no section on this in the report, will this be addressed? 

RESPONSE: 

The Director Community Engagement advised that the consultant had been advised 

of this. 

COUNCILLOR PATTERSON 

QFNM1 

Where is Council up to in relation to the bypass actions? 

RESPONSE: 

The General manager advised this is an item to be included in the induction 

sessions. 

COUNCILLOR GRIBBIN 

5211 DBH 

QFNM1 

What monetary return did Council receive from the operators of Horseshoe 

Bay Caravan Park for the financial year 2011 to 2012? 

COUNCILLOR GRIBBIN 

3164 RJS 

QFNM2 

Has Council commenced to draw up specifications for the upgrade of lights 

at SWR playing fields to a satisfactory standard to allow for tender 

documents to be distributed to interested parties so a true costing can be 

achieved, and if not when will this project commence. 

17 CONFIDENTIAL ITEMS 




That Council form itself into the Confidential Session, and at this stage, the 

meeting be closed to the public to permit discussion of the confidential 

business items listed for the reasons as stated in the Agenda. 

GOAL 1: 

To Facilitate Ecological and Economical Sustainable 

Development in the Shire 

1.1 Memorandum of Understanding – Kempsey Airport File: F12/114 

Section 10A(2)(c) – Commercial Advantage in Business Dealing 

This item is classified CONFIDENTIAL under section 10A(2)(c) of the Local 

Government Act 1993, which permits the meeting to be closed to the public for 

business relating to the following: 

(c) information that would, if disclosed, confer a commercial advantage on a 

person with whom the council is conducting business. 

It is not in the public interest to reveal the financial details associated with the 

proposed land acquisition of the land as it will confer a commercial advantage on 

the parties with whom the Council is conducting business. 

1312 RBP 

SUMMARY 

Reporting on a draft Memorandum of Understanding that has been negotiated 

relating to the lease of land at Kempsey Airport. 



That Council endorse the heads of agreement identified in the body of this 

report to form the foundation of a memorandum of understanding between 

the leasee and Council. 

1.2 Development Without Consent File: LA10058 

Section 10A(2)(a) – Personnel Matters 

This report is submitted on a confidential basis as it involves personnel matters 

concerning particular individuals (other than Councillors). (Local Government Act 

1993, section 10A(2)(a)) 

On balance, the public interest in preserving the confidentiality of the commercial 

information supplied, outweighs the public interest in openness and transparency in 

council decision making by discussing the matter in open meeting. 

Section 10A(2)(e) – Maintenance of Law 


This report is submitted on a confidential basis as it involves information that 

would, if disclosed, prejudice the maintenance of law. (Local Government Act 1993, 

section 10A(2)(e)) 

On balance, the public interest in preserving the confidentiality of the information 

which relates to matters of law, outweighs the public interest in openness and 

transparency in council decision making by discussing the matter in open meeting. 

1412 RBP 

SUMMARY 

Reporting that an existing dwelling that has been identified as being erected 

without Development Consent. 



A 

B 

That Council invite the owner to submit a Development Application 

for continued use of the building as a dwelling within twenty eight 

(28) days of notice being given. 

That the owner be advised that failure to comply with Council‟s 

request within twenty eight (28) days, will result in Council 

commencing Class 4 proceedings in the Land and Environment Court 

to ensure compliance including an order as to Council‟s costs. 

GOAL 5: 

To Ensure Leadership and Effective, Efficient Accountable 

Management 

5.1 Various Legal Matters 

Section 10A(2)(g) – Legal Proceedings 

This report is submitted on a confidential basis as it involves advice concerning 

litigation, or advice that would otherwise be privileged from production in legal 

proceedings on the ground of legal professional privilege. (Local Government Act 

1993, Section 10A(2)(g)) 

On balance, the public interest in preserving the confidentiality of the advice 

outweighs the public interest in openness and transparency in Council decision 

making by discussing the matter in open meeting. 

SUMMARY: 

Reporting on the current position regarding legal matters. 




OPEN COUNCIL

Minutes of the ordinary Council meeting - 25 September 2012

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