Agenda - Byron Shire Council - NSW Government

BYRON SHIRE COUNCIL
ORDINARY MEETING 9 MAY 2013 (72)
Report
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Council at its Ordinary Meeting held on 10 February 2011 resolved to adopt for public exhibition,
the inclusion of a Waste Minimisation and Management draft Chapter in the Shire wide
Development Control Plan (Res11-59).
As a result of potential funding losses in the Waste & Sustainability Improvement program the
advertisement of the Draft Waste Minimisation and Management DCP has been brought forward
for inclusion in the current Byron Shire Development Control Plan (2010).
The proposed amendment to “Byron Shire Development Control Plan 2010” DCP 2010 was
exhibited for public comment from the 12 March 2013 to 11 April 2013 in accordance with the
Environmental Planning and Assessment Regulation 2000. No Submissions were received.
The Waste Minimisation and Management draft Chapter is proposed to facilitate sustainable waste
management within Byron Shire in a manner consistent with principles of Ecologically Sustainable
Development by considering both waste minimisation and management in developments.
The DCP introduces controls for demolition of buildings, construction of buildings, residential,
commercial and industrial development. Applications for these types of developments will need to
include a Site Waste Minimisation and Management Plan. The DCP also provides a template as to
how to prepare the plan.
It is recommended that Council adopt the amendments to Byron Shire DCP 2010 and notice to be
given in the local newspaper as per Clause 21 of the EPA regulations 2000.
Financial Implications
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The introduction of a Waste Minimisation and Management DCP is a standard requirement for
payment under the NSW Government’s Waste & Sustainability Improvement Program; the
anticipated 2012/13 payment being in the order of $191,000. The funds paid to Council under this
Program are sourced from the Waste Levy payments made to the NSW EPA.
The adoption of the Waste Minimisation and Management amendments to DCP 2010 should
enable Council to retain this funding.
In accordance with Resolution 13-137 the following information is provided to Council in all reports
prepared for the 9 May, 13 and 27 June 2013 Ordinary Meetings:
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The estimated staff hours for the preparation of this report was approximately 8 hours.
Statutory and Policy Compliance Implications
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Clause 21of the Environmental Planning and Assessment Regulations 2000 prescribes the
requirements for the making of DCP’s and dates of adoption, which states:
(1) After considering any submissions about the draft development control plan that have been
duly made, the council:
(a) may approve the plan in the form in which it was publicly exhibited, or
(b) may approve the plan with such alterations as the council thinks fit, or
(c) may decide not to proceed with the plan.
(2) The council must give public notice of its decision in a local newspaper within 28 days after the
decision is made.
(3) Notice of a decision not to proceed with a development control plan must include the council’s
reasons for the decision.
(4) A development control plan comes into effect on the date that public notice of its approval is
given in a local newspaper, or on a later date specified in the notice.
Ordinary Meeting Agenda 09/05/13