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Minutes of the

Ordinary Meeting of Council

Wednesday 22 May 2019

4.00pm

Council Chambers
209 Comur Street, Yass

Table of Contents

1. Prayer. 3

2. Apologies. 3

3. Declaration of Interest/Disclosures. 3

4. Confirmation of Minutes. 5

5. Mayoral Minute. 5

5.1 Emergency Services Levy Increase. 5

6. Director of Planning Reports. 5

6.1 Yass Valley Settlement Strategy. 6

6.2 Housing Forum.. 6

6.3 Proposed Public Art Work - Alf Fletcher Park, Yass. 7

6.4 Development Application No. DA180110 - Subdivision, 25 Lute Street, Gundaroo. 7

6.5 Development Application No DA190007 - Alterations & Additions, Yass Soldiers Club. 86 Meehan Street, Yass 8

6.6 Development Application No. DA190011 - Residential Subdivision - 4056 & 4078 Gundaroo Road, Gundaroo 8

7. Director of Engineering Reports. 9

7.1 Tender Evaluation - YVC/BS/02.2019 - Operating lease for Domestic Waste Collection vehicles. 9

7.2 Proposed Walking and Cycle Shared Pathway, Binalong. 9

7.3 Proposed Lighting Upgrade - Murrumbateman Tennis Courts. 10

8. Director of Finance & Corporate Reports. 10

8.1 2019/20 Operational Plan (including Making of the Rates). 10

8.2 Investment and Borrowings Report. 12

8.3 3rd Quarter Budget Review.. 12

9. General Manager Reports. 13

9.1 Yass Public School - Car Park Petition. 13

9.2 Water Petition. 13

9.3 CA-POL-3 Live Streaming of Council Meetings Policy. 13

9.4 Draft Minutes Audit, Risk and Improvement Committee Extraordinary Meeting. 14

10. Notice of Motion. 14

11. Questions with Notice. 14

12. Minutes and Recommendations of Council Committees. 14

12.1 Minutes of the Local Emergency Management Committee and Rescue Committee meetings. 14

12.2 Minutes of the Bango Wind Farm Community Consultative Committee held on 16 April 2019. 15

12.3 Minutes of the Aboriginal ConsultativeCommittee held on 19 March 2019. 15

12.4 Minutes of the Traffic Management Committee held on 1 May 2019. 15

13. Confidential Matters. 16

13.1 Minutes of the Extraordinary Audit, Risk and Improvement Committee Meeting held on 15 May 2019. 16

13.2 Tender Evaluation - YVC/BS/02.2019 - Operating lease for Domestic Waste Collection vehicles. 17

Open Forum

Presentations to Council – Items on the Meeting Agenda

6.3 Proposed Public Art Work - Alf Fletcher Park, Yass

Roger Buckman

6.6 Development Application No. DA190011 - Residential Subdivision - 4056 & 4078 Gundaroo Road, Gundaroo

Paul Carmody

Council Meeting - The Mayor declared the meeting open at 4:24 pm.

Present

Councillors Rowena Abbey, Mayor, in the chair, Cecil Burgess, Geoff Frost, Nathan Furry, Allison Harker, Jasmin Jones, Michael McManus (4.35pm), Mike Reid and Kim Turner.

Also present were the General Manager – Sharon Hutch, Director of Planning – Chris Berry, Director of Engineering – Stan Robb, Director of Finance & Corporate – Mark Eady and Corporate Planning & Executive Support Officer – Shirree Garland.

Acknowledgement of Country

1. Prayer

2. Apologies

Nil

3. Declaration of Interest/Disclosures

Councillor Furry declared a non-significant, non-pecuniary conflict of interest in Item 6.5 Development Application No. DA190007- Alterations & Additions, Yass Soldiers Club, 86 Meehan Street, Yass and stated that he did not believe his interest would preclude him from voting.

Reason: Councillor Furry declared an interest as he is a member of the Yass Soldiers Club.

Councillor Turner declared a non-significant, non-pecuniary conflict of interest in Item 6.5 Development Application No. DA190007- Alterations & Additions, Yass Soldiers Club, 86 Meehan Street, Yass and stated that he did not believe his interest would preclude him from voting.

Reason: Councillor Turner declared an interest as he is a member of the Yass Soldiers Club.

Councillor Jones declared a non-significant, non-pecuniary conflict of interest in Item 6.2 Housing Forum and stated that she did not believe her interest would preclude her from voting.

Reason: Councillor Jones declared an interest as she has set up a volunteer working group of 2 (herself and the Youth Chair). They are both privately advocating for a youth refuge as concerned community people. It is an informal group with no affiliation to organisations or commercial interests.

Councillor Frost declared a non-significant, non-pecuniary conflict of interest in Item 6.3 Proposed Public Art Work – Alf Fletcher Park, Yass and stated that he did not believe his interest would preclude him from voting.

Reason: Councillor Frost declared an interest as he has previously purchased art work and other services from the proponent.

Councillor Frost declared a non-significant, non-pecuniary conflict of interest in Item 6.5 Development Application No. DA190007- Alterations & Additions, Yass Soldiers Club, 86 Meehan Street, Yass and stated that he did not believe his interest would preclude him from voting.

Reason: Councillor Frost declared an interest as he is a member of the Yass Soldiers Club.

Councillor Frost declared a non-significant, non-pecuniary conflict of interest in Items 9.4 and 13.1 Draft Minutes Audit, Risk and Improvement Committee Extraordinary Meeting and stated that he did not believe his interest would preclude him from voting.

Reason: Councillor Frost declared an interest as the proponents of the project are social acquaintances.

Councillor Reid declared a non-significant, non-pecuniary conflict of interest in Item 6.5 Development Application No. DA190007- Alterations & Additions, Yass Soldiers Club, 86 Meehan Street, Yass and stated that he did not believe his interest would preclude him from voting.

Reason: Councillor Reid declared an interest as he is a member of the Yass Soldiers Club.

Councillor Harker declared a non-significant, non-pecuniary conflict of interest in Item 6.5 Development Application No. DA190007- Alterations & Additions, Yass Soldiers Club, 86 Meehan Street, Yass and stated that she did not believe her interest would preclude her from voting.

Reason: Councillor Harker declared an interest as she is a member of the Yass Soldiers Club.

Councillor Burgess declared a non-significant, non-pecuniary conflict of interest in Item 6.5 Development Application No. DA190007- Alterations & Additions, Yass Soldiers Club, 86 Meehan Street, Yass and stated that he did not believe his interest would preclude him from voting.

Reason: Councillor Burgess declared an interest as he is a member of the Yass Soldiers Club.

Councillor Burgess declared a significant, non-pecuniary conflict of interest in Item 6.6 Development Application No DA190011 – Residential Subdivision – 4056 & 4078 Gundaroo Road, Gundaroo and stated that he believed his interest would preclude him from voting.

Reason: Councillor Burgess declared an interest as he was a previous business partner with the applicant and community perception.

Councillor McManus declared a significant, non-pecuniary conflict of interest in Item 6.5 Development Application No. DA190007- Alterations & Additions, Yass Soldiers Club, 86 Meehan Street, Yass and stated that he believed his interest would preclude him from voting.

Reason: Councillor McManus declared an interest as he is a current Director and Vice President of Yass Soldiers Club.

Councillor Abbey declared a non-significant, non-pecuniary conflict of interest in Item 6.5 Development Application No. DA190007- Alterations & Additions, Yass Soldiers Club, 86 Meehan Street, Yass and stated that she did not believe her interest would preclude her from voting.

Reason: Councillor Abbey declared an interest as she is a member of the Yass Soldiers Club.

Councillor Abbey declared a non-significant, non-pecuniary conflict of interest in Item 13.1 Draft Minutes Audit, Risk and Improvement Committee and stated that she believed her interest would preclude her from voting.

Reason: Councillor Abbey declared an interest as a possible perceived conflict of interest.

4. Confirmation of Minutes

RESOLVED that the minutes of the Ordinary Council Meeting held on 24 April 2019 covered by page numbers 3-8 inclusive and resolution numbers 77-87 inclusive, copies of which had been circulated to all Councillors, be taken as read and confirmed.

(Reid/Furry) 88

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

ABSENT: Councillor M McManus

5. Mayoral Minute

5.1 Emergency Services Levy Increase

SUMMARY

Each year, the NSW Government collects payments from councils and insurers to fund emergency services agencies in NSW, with councils required to pay 11.7 per cent of the budget required by NSW Emergency Services. These charges are embedded in council rates and insurance premiums.

From 1 July 2019 the NSW Government plans to collect an additional $160 million (in 2019/20) from NSW councils, communities and those paying insurance premiums to provide better workers’ compensation coverage for volunteer and career firefighters who are diagnosed with one of 12 specific work-related cancers.

RESOLVED that .

1. That Council advocate to the Government

a. An objection to any increase to the ESL above rate peg as no consultation was conducted with the sector in advance of the increase (noting that all Council budgets and integrated plans are on exhibition or finalised).

b. The value of any increase of the ESL in future years be added to the rate peg.

c. The ESL be considered as a separate rate collected by Local Government on behalf of NSW Government.

d. The increase be deferred to 2021.

2. That Council pay the budgeted amount for the 2019/20 ESL.

(Frost/Turner) 89

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

ABSENT: Councillor M McManus

6. Director of Planning Reports

6.1 Yass Valley Settlement Strategy

SUMMARY

Presenting a report on further advice received from the Department of Planning & Environment on the endorsement of the Yass Valley Settlement Strategy.

RESOLVED that :

1. The advice from the Department of Planning & Environment endorsing the Yass Valley Settlement Strategy be noted.

2. The reference in the Yass Valley Settlement Strategy to the RU6 Transition zone be replaced with a statement of policy intent to discourage speculative proposals for isolated and unplanned urban development along the NSW/ACT border.

3. The project priorities for the Yass Valley Settlement Strategy be updated to adjust the introduction of an RU6 Transition zone to an investigation into appropriate planning controls along the NSW/ACT border to achieve the strategic planning objectives of the Settlement Strategy for this area.

4. A Local Strategic Planning Statement be prepared based on the Yass Valley Settlement Strategy.

(Frost/Turner) 90

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

ABSENT: Councillor M McManus

Councillor McManus entered the Chambers at 4.35pm.

6.2 Housing Forum

SUMMARY

Presenting a report on the need for a Local Housing Strategy. It is recommended that a project brief and community engagement plan be developed and that a local housing forum be held as an important first step in scoping out the project brief.

RESOLVED that :

1. A project brief and community engagement plan be prepared for the development of a local housing strategy.

2. A local housing forum be organised bringing together the local stakeholders to identify the needs and gaps for social and affordable housing.

(Jones/Reid) 91

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

6.3 Proposed Public Art Work - Alf Fletcher Park, Yass

SUMMARY

Considering a request for a public art work at Alf Fletcher Park under the My Community Project Funding Program and for Council to act as the project sponsor.

RESOLVED that Council support the proposed public art work for Alf Fletcher Park, Yass and act as the project sponsor.

(Turner/Furry) 92

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, M Reid and K Turner

AGAINST: Councillors A Harker, J Jones and M McManus

FORESHADOWED MOTION – LAPSED

That Council not support the proposed public art work for Alf Fletcher Park, Yass and not act as the project sponsor.

(Jones/Harker)

6.4 Development Application No. DA180110 - Subdivision, 25 Lute Street, Gundaroo

SUMMARY

Presenting the assessment Development Application DA180110 for the four lot subdivision of 25 Lute Street, Gundaroo. The proposal is referred to Council as the application has attracted seven submissions and involves a variation to the minimum lot size. The issue of a Deferred Commencement Development Consent is recommended.

RESOLVED that :

1. A Deferred Commencement Development Consent be issued for Development Application No. DA180110 for the four lot subdivision of 25 Lute Street, Gundaroo.

2. The commencement of the Development Consent be deferred until such time as the Applicant suitably addresses the requirements of the Gundaroo Floodplain Risk Management Plan 2016, including consideration of the secondary catchment.

(Furry/Jones) 93

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

ABSENT: Councillor M McManus

6.5 Development Application No DA190007 - Alterations & Additions, Yass Soldiers Club. 86 Meehan Street, Yass

SUMMARY

Re-presenting a report deferred at the 24 April 2019 Council meeting on Development Application No. 190007 for alterations and additions at the Yass Soldiers Club. The application is presented to Council as the proposal involves construction of an enclosed terrace dining area over the footpath area of Meehan Street.

RESOLVED that :

1. Subject to confirmation the underwriting of public and products liability risks on terms satisfactory to Council, conditional Development Consent be issued for Development Application No DA190007 for alterations and additions at the Yass Soldiers Club, 86 Meehan Street, Yass.

2. If Consent is issued, a licence be granted to the Applicant for the area encroached by the proposed development at a commercial rate determined by independent valuation.

(Furry/Jones) 94

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Nil

ABSENT: Councillor M McManus

At 04:52 pm Councillor Burgess left the Chambers.

6.6 Development Application No. DA190011 - Residential Subdivision - 4056 & 4078 Gundaroo Road, Gundaroo

SUMMARY

Presenting the assessment of Development Application No. 190011 for a 50 lot residential subdivision of 4056 and 4078 Gundaroo Road, Gundaroo. The application is presented to Council as it attracted six submissions. The proposal is generally consistent with the Yass Valley Local Environmental Plan 2013.

RESOLVED that :

1. A Deferred Commencement Development Consent be issued for Development Application No. DA190011 for the residential subdivision of 4056 and 4078 Gundaroo Road, Gundaroo.

2. The commencement of the Development Consent be deferred until such time that the Applicant has suitably addressed the requirements for obtaining IPART approval for the sewage treatment plant.

(Furry/Frost) 95

FOR: Councillors R Abbey, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

At 04:55 pm Councillor Burgess returned to the Chambers.

7. Director of Engineering Reports

7.1 Tender Evaluation - YVC/BS/02.2019 - Operating lease for Domestic Waste Collection vehicles

SUMMARY

This report provides advice on the submission of tenders for the provision of the proposed operating lease finance two (2) domestic waste side load collection vehicles over a 4 years period. These vehicles are due for replacement in 2018/19 following the conclusion of the existing finance leasing arrangements for the existing vehicles.

RESOLVED that this item of the Director of Engineering Report be classified as Confidential in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993, which permits the meeting to be closed to the public relating to commercial information of a confidential nature that would, if disclosed, prejudice the position of the person who supplied it.

(Turner/Frost) 96

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

7.2 Proposed Walking and Cycle Shared Pathway, Binalong

SUMMARY

Considering a request from the Binalong Community Progress Association for a walking and cycle shared pathway in Queen Street Binalong under the NSW Government’s ‘My Community Project Funding Program’ and for Council to act as the project sponsor.

RESOLVED that Council support the proposed walking and cycle shared pathway in Queen Street Binalong and act as the project sponsor.

(Jones/Frost) 97

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

7.3 Proposed Lighting Upgrade - Murrumbateman Tennis Courts

SUMMARY

Considering a request for Council to provide consent as the land owner to a proposed upgrade of the existing lighting at the Murrumbateman Tennis Courts under the NSW Government’s ‘My Community Project Funding Program’. The current proposal is for the Murrumbateman Tennis Club to be the sponsor of this project.

RESOLVED that Council provide consent as the land owner for the proposed upgrade of the existing lighting at the Murrumbateman Tennis Courts under the NSW Government’s ‘My Community Project Funding Program’.

(Furry/Jones) 98

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

8. Director of Finance & Corporate Reports

8.1 2019/20 Operational Plan (including Making of the Rates)

SUMMARY

In February 2019, Council resolved that the Draft 2019/20120 Operational Plan be placed on public exhibition from Friday 1 March 2019 to Friday 12 April, 2019.

This was undertaken and submissions were received, considered by staff and recommendations for amendments to the plans noted in the submissions summary.

In addition to the adoption of the Operational Plan, Council must, each year, ‘make’ the rates and charges by resolution.

RESOLVED that Council

1. Adopt the 2019/20 Operational Plan as amended following consideration of the submissions received.

2. Makes the annual Ordinary Rates for 2019/20 as detailed in the following table and in accordance with the Statement of Revenue Policy within the 2019/20 Operational Plan and in accordance with Special Rate Variation awarded by the Minister for Local Government of 8.5% (inclusive of 2.7% rate peg) per annum cumulative for 4 years.

*CATEGORY*	*SUB - CATEGORY*	*AD VALOREM*	*MINIMUM CHARGE*	*BASE CHARGE*	*INCOME*
*Farmland*		*0.0029098*		*$650.00*	*$4,218,559*
*Residential*	*Non-Urban*	*0.0024825*		*$435.50*	*$3,333,708*
*Residential*	*Yass*	*0.0043982*	*$664.00*		*$1,792,969*
*Residential*	*Binalong*	*0.0038028*	*$664.00*		*$129,107*
*Residential*	*Bowning*	*0.0038028*	*$664.00*		*$74,059*
*Residential*	*Wee Jasper*	*0.0038028*	*$664.00*		*$29,880*
*Residential*	*Bookham*	*0.0038028*	*$664.00*		*$10,624*
*Residential*	*Murrumbateman*	*0.0026622*	*$664.00*		*$175,336*
*Residential*	*Gundaroo*	*0.0018783*		*$360.00*	*$175,846*
*Residential*	*Sutton*	*0.0023606*		*$360.00*	*$81,256*
*Business*	*Sutton & Gundaroo*	*0.0024825*		*$435.50*	*$18,123*
*Business*	*Yass & Other Villages*	*0.0104278*	*$664.00*		*$842,278*

				*TOTAL INCOME*	*$10,881,744*

3. That Council make each annual and consumption charge for water, sewer, liquid trade waste and waste for 2019/20 as detailed in the following table and in accordance with the Statement of Revenue Policy.

*Description*	*Annual Charge*	*Consumption Charge (Per kilolitre)*
*Description*	*Annual Charge*	*Consumption Charge (Per kilolitre)*
*WATER CHARGES*
*Yass Water Availability Charge 20mm-32mm*	*$480.00*
*Murrumbateman Water Availability Charge 20mm-32mm*	*$360.00*
*Description*	*Annual Charge*	*Consumption Charge (Per kilolitre)*
*Description*	*Annual Charge*	*Consumption Charge (Per kilolitre)*
*Water Usage Charge per kilolitre for the first 5Kl per day*		*$3.40*
*Water Usage Charge per kilolitre in excess of 5Kl per day*		*$4.50*
*SEWER CHARGES*
*Sewer Residential Charge*	*$700.00*
*Sewer Non-Residential Charge (based on previous years*	*Minimum $700*	*$3.00*
*water consumption)*
*LIQUID TRADE WASTE CHARGE*
*Liquid Trade Waste Charge (per kilolitre based on water*		*$2.10*
*consumption) with appropriate pre-treatment*
*Liquid Trade Waste Charge (per kilolitre based on water*		*$17.00*
*consumption) without appropriate pre-treatment*
*WASTE MANAGEMENT CHARGES*
*Domestic Kerbside Collection*	*$397.00*
*Vacant Properties*	*$30.00*
*Business Waste Collection*	*$397.00*
*Waste Management Environmental Charge*	*$120.00*
*STORMWATER MANAGEMENT CHARGE*
*Stormwater Management Charge*	*$25.00*
*ON SITE SEWAGE MANAGEMENT CHARGE*
*On Site Sewer Management Charge*	*$33.00*

(Reid/Frost) 99

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

8.2 Investment and Borrowings Report

SUMMARY

In accordance with the Local Government (General) Regulation 2005 (NSW) Clause 212, this report provides a summary of Council’s investments as at 30 April 2019. In accordance with paragraph (1)(b), it can be certified that the investments listed have been made in accordance with the Act, the Regulations and Council’s Investment Policy.

RESOLVED that Investment Report as at 30 April 2019 be received and it be noted that the summary has been prepared in accordance with the Act, the Regulations and Council’s Investment Policy.

(Harker/Reid) 100

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

8.3 3rd Quarter Budget Review

SUMMARY

This report represents the 3^rd Quarterly Budget Review Statement (QBRS) for the period 1 January 2019 to 31 March 2019 in the financial year ending 30 June 2019.

RESOLVED that .

1. The 3^rd Quarterly Budget Review Statement adjustments as detailed in the attachments be adopted and the relevant income and expenditure budget adjustments be approved.

2. In accordance with the Local Government (General) Regulation (NSW) Clause 203 (2)(a), Council’s financial position as at 31 March 2019 is satisfactory, having regard to revised projected estimates of income and expenditure, and the original budgeted income and expenditure.

(Harker/Reid) 101

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

9. General Manager Reports

9.1 Yass Public School - Car Park Petition

SUMMARY

Tabling a petition lodged with Council late last year providing suggested improvements to car parking and bus movements at the Yass Public School.

RESOLVED that Council receives and notes the tabled petition.

(Jones/Turner) 102

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

9.2 Water Petition

SUMMARY

Tabling a petition lodged with Council on 8 May 2019 requesting that Council provide a reduction in the cost of water usage, rebates for water usage, and provide rebates for appliances and damaged clothing/fabrics.

RESOLVED that .

1. Council receives and notes the tabled petition.

2. A report be prepared for the June Council meeting in relation to the financial relief previously provided, if any, in regards to water quality.

(Jones/Turner) 103

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

9.3 CA-POL-3 Live Streaming of Council Meetings Policy

SUMMARY

Council has a commitment to providing transparency in all decision making processes to invoke trust and accountability. Draft CA-POL-3 Live Streaming of Council Meetings Policy is provided for adoption.

RESOLVED that Draft CA-POL-3 Live Streaming of Council Meetings Policy be placed on public exhibition for 28 days and adopted if no significant submissions are received.

(Furry/Reid) 104

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

9.4 Draft Minutes Audit, Risk and Improvement Committee Extraordinary Meeting

SUMMARY

Council to receive the draft minutes of the Audit, Risk and Improvement Committee Extraordinary meeting of 15 May 2019.

RESOLVED that this item be classified as Confidential in accordance with Section 10(A)(2)(a, c, di and i) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to personnel matters concerning particular individuals (other than councillors), information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposing to conduct) business, commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it and alleged contraventions of any code of conduct requirements applicable under section 440.

(Furry/McManus) 105

FOR: Councillors R Abbey, C Burgess, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Councillor G Frost

10. Notice of Motion

Nil

11. Questions with Notice

Nil

12. Minutes and Recommendations of Council Committees

12.1 Minutes of the Local Emergency Management Committee and Rescue Committee meetings

RESOLVED that the minutes of the Local Emergency Management Committee and Rescue Committee meetings held on 2 May 2019 be noted.

(Furry/Reid) 106

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

12.2 Minutes of the Bango Wind Farm Community Consultative Committee held on 16 April 2019

RESOLVED that the minutes of the Bango Wind Farm Community Consultative Committee held on 16 April 2019 be noted.

(Frost/Furry) 107

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

12.3 Minutes of the Aboriginal Consultative Committee held on 19 March 2019

RESOLVED that the minutes of the Aboriginal Consultative Committee held on 19 March 2019 be noted.

(McManus/Turner) 108

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

12.4 Minutes of the Traffic Management Committee held on 1 May 2019

RESOLVED that Council receive the draft Committee Minutes of the Traffic Management Committee meeting held on 1 May 2019 and that Council:

1. Investigate the potential to formalise and upgrade the car parking located in and adjacent to Joe O’Connor Park, Yass.

2. Request Roads and Maritime Services to investigate:

a. The creation of an additional exit to the carpark on Laidlaw Street, and

b. Re-designing the Yass Public School carpark to separate the buses from the ‘parent’ parking.

3. Work with the Yass Primary School to trial to utilise all of the parallel parking in the Laidlaw Street car park for school teacher parking to prevent the need for parents/students to cross the carpark.

4. Investigate the upgrade the intersection of Dutton Street and Rossi Street Yass to minimize the impact of the train lines.

5. Install a ‘Give Way” sign in Monteagle Street at the intersection of Monteagle and Manning Streets Binalong.

6. Install a “No-Through Road” sign on the street sign post for Guginya Place Yass.

(Jones/Reid) 109

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

13. Confidential Matters

RESOLVED that pursuant to Section 10A of the Local Government Act, 1993 the following items on the agenda be classified as CONFIDENTIAL and considered in the Closed Meeting of Council in accordance with Section 10A(2) of the Local Government Act for the reasons as specified:

13.1 Minutes of the Extraordinary Audit, Risk and Improvement Committee Meeting held on 15 May 2019

Item 13.1 is confidential in accordance with section s10(A)(2)(i) of the Local Government Act because it contains alleged contraventions of any code of conduct requirements applicable under section 440, section s10(A)(2)(di) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it, section s10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and section s10(A)(2)(a) of the Local Government Act because it contains personnel matters concerning particular individuals (other than councillors) and discussion of the matter in an open meeting would be, on balance, contrary to the public interest.

13.2 Tender Evaluation - YVC/BS/02.2019 - Operating lease for Domestic Waste Collection vehicles

Item 13.2 is confidential in accordance with section s10(A)(2)(di) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it and discussion of the matter in an open meeting would be, on balance, contrary to the public interest.

(Burgess/Harker) 110

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

Closed Council commenced at 5.13 pm.

At 05:13 pm Councillor Abbey left the Chambers.

Councillor Nathan Furry, Deputy Mayor, took the Chair

13.1 Minutes of the Extraordinary Audit, Risk and Improvement Committee Meeting held on 15 May 2019

Summary

The Audit, Risk and Improvement Committee met an Extraordinary meeting on 15 May 2019 in the Yass Council Chambers. The Committee’s recommendations are presented for Council’s consideration and adoption.

RESOLVED that Council receive the draft Committee Minutes of the Audit, Risk & Improvement Committee Extraordinary meeting held on 15 May 2019 and adopt the following recommendations:

1. That Council immediately suspend all processes currently on foot in relation to an offer to acquire commercial property in Yass;

2. That Council appoint a suitably qualified and independent Probity Advisor or Probity Auditor, consistent with NSW Government Procurement Guidelines, to inquire into the matter based on appropriate Terms of Reference established by Council and to provide a report and continued advice through the process until conclusion, to Council incorporating findings and recommendations;

3. That the General Manager keeps the Audit, Risk & Improvement Committee informed of developments in relation to this matter.

(Jones/Harker) 111

FOR: Councillors C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

At 05:20 pm Councillor Abbey returned to the Chambers.

13.2 Tender Evaluation - YVC/BS/02.2019 - Operating lease for Domestic Waste Collection vehicles

SUMMARY

RESOLVED that .

1. That a four (4) year finance lease agreement be executed with De Lage Landen Pty Ltd, for an operating lease for two (2) domestic waste side load collection vehicles.

2. That the Mayor and General Manager be authorised to sign all legal documents associated with the lease under Council seal.

(Furry/Turner) 112

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

RESOLVED that the meeting move into Open Council.

(Reid/Turner) 113

Open Council resumed at 5.19 pm.

RESOLVED that the resolutions in Closed Council be adopted.

(Turner/Frost) 114

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

The meeting closed at 5.20 pm.

………………………………….
Rowena Abbey
Mayor

Ordinary Council Meeting 26 June 2019

6.1 Planning Proposal - Minimum Lot Size for Low Rise Medium Density Housing

SUMMARY

To present a report on a draft Planning Proposal seeking an amendment to Yass Valley LEP 2013 by including minimum lot size provisions for dual occupancies, manor houses and multi-dwelling houses (terraces) in certain land use zones. It is recommended that the Planning Proposal be submitted for a Gateway Determination.

RECOMMENDATION

That:

1. The Planning Proposal No PP.2018.05 to include minimum lot sizes for low rise medium density housing be endorsed and forwarded to the Minister for Planning to request a Gateway Determination pursuant to s3.34 Environmental Planning & Assessment Act 1979

2. The Planning Proposal be adopted if no significant objections are received after the public exhibition of the Planning Proposal pursuant to the conditions of a Gateway Determination in accordance with s3.34(2)(c) Environmental Planning & Assessment Act 1979

Financial IMPLICATIONS

Resources for Planning Proposal assessment are provided for in the current Operational Plan.

POlicy & Legislation

· Environmental Planning & Assessment Act 1979

· South East and Tablelands Regional Plan 2036

· Yass Valley Settlement Strategy 2036

· Yass Valley Local Environmental Plan 2013

· State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

· Low Rise Medium Density Housing Code

· Low Rise Medium Density Design Guide

REPORT

The Department of Planning & Environment (DPE) has introduced Low Rise Medium Density Housing Code and the Low Rise Medium Density Design Guide. The aim is to increase the volume of medium density housing across NSW. The Code enables the development of one and two storey dual occupancies, manor houses and multi-dwelling houses (terraces) in R1 General Residential, R2 Low Density Residential, R3 Medium Density Residential and RU5 Village zones under the fast track Complying Development approval pathway.

Under the Code one and two storey dual occupancies, manor houses and terraces to be carried out as Complying Development only where medium density development is currently permitted within the Yass Valley LEP 2013 i.e.

· R1 General Residential: Dual occupancies, residential flat buildings and multi dwelling housing (i.e. Complying dual occupancy, manor houses and terraces would now be permitted)

· R2 Low Density Residential: Dual occupancies (i.e. Complying dual occupancy would now be permitted)

· R3 Medium Density Residential: Dual occupancies, residential flat buildings and multi dwelling housing (i.e. Manor houses and terraces would now be permitted)

· RU5 Village: Dual occupancies (i.e. Complying dual occupancy would now be permitted)

At present, the Yass Valley LEP 2013 does not contain any development standard specifying the minimum lot size for dual occupancies or medium density development. As such, the new Code would allow for dual occupancies (only where both new dwellings have road frontage) on lots of 400m² in area. Manor houses and Medium Density Terrace development would be permitted on lots down to 600m².

In June 2018 Council recognised there was a potential risk to the character and density of Yass and Murrumbateman with the introduction of the controls. Council endorsed a deferral of the introduction of these controls pending a review of the minimum lot sizes throughout the Local Government Area to which these forms of medium density development could be permitted.

The Department granted a deferral for 12 months until 30 June 2019 while the review was undertaken and a Planning Proposal prepared.

Without the introduction of a minimum lot size for medium density housing the default lot sizes under the Code would be 400m² for dual occupancies and 600m² for manor houses and multi dwelling houses (terraces).

The current absence of a minimum lot size within the Yass Valley LEP 2013 for medium density housing may result in higher density development which is likely to be inconsistent with the existing character as well as placing pressure on amenities and infrastructure

The Yass Built Form Study 2011 recommended that for multi dwelling housing, a minimum lot size of 400m² per dwelling should be applied to maintain the local character of Yass. The study considered that an area of 300m² per dwelling or less in established areas of Yass would be difficult due to topography and the historical pattern of development. The capacity of ageing water and sewer infrastructure to cope with a significant increase in development is also unknown at this stage. While the Yass Built Form Study 2011 is earmarked for review the current outcomes for minimum lot sizes and medium density development should be used until such time that the rievew has been completed.

The proposed minimum lot sizes throughout the LGA for low rise medium density housing are detailed in the following table:

Zone	Location	Minimum Lot Size for Detached Dwelling	Dual Occupancy (Detached / Attached)	Manor House	Multi-dwelling Houses
R1 General Residential	Yass	700m²	400m² per dwelling	400m² per dwelling	400m² per dwelling
R2 Low Density Residential	Yass Murrumbateman Gundaroo Sutton	4,000m² 4,500m² 5,000m² 5,000m²	2,000m² per dwelling	Not applicable	Not applicable
R3 Medium Density Residential	Yass	700m² (Note: Settlement Strategy proposed 300m²)	150m² per dwelling	150m² per dwelling	150m² per dwelling
RU5 Village	Murrumbateman Gundaroo Sutton Bookham Bowning Binalong	1,500m² 2,000m² 2,000m² 2,000m² 2,000m² 2,000m²	750m² per dwelling 2,000m² per dwelling	Not applicable Not applicable	Not applicable Not applicable

The Design Guide states all lots must have access to reticulated water, sewer, electricity, telecommunication and where available gas however this wording is not reinforced within the Code. Medium density housing is not appropriate on small lots which rely on on-site sewerage management systems as they have insufficient land area for effluent disposal. This has also been recognised by the DPE with the minimum lot sizes of 5,000m² for new houses in the village areas that are not connected to reticulated sewerage.

Most of the land zoned R2 Low Density Residential and RU5 Village in the Yass Valley is not connected to a reticulated sewerage or water supply system with the exception of some areas in Murrumbateman. In these circumstances medium density housing should not be permitted as Complying Development. However where they are permissible uses a minimum lot size in these zones should be specified otherwise the default minimum lot size specified in the Code would be applicable.

A Planning Proposal has been drafted to reflect that above minimum lot sizes. The proposal will enable the development of dual occupancy, manor house and multi-dwelling houses (terraces) in R1 General Residential, R2 Low Density Residential, R3 Medium Density Residential and RU5 Village zones under a fast track Complying Development approval pathway, while ensuring development is more consistent with Yass Valley’s character and connected where necessary to a reticulated sewer system.

It is recommended that the Planning Proposal be endorsed and that the Department of Planning & Environment be requested to issue a Gateway Determination. It is also recommended that Council seek local plan-making delegation to finalise the amendment to Yass Valley LEP 2013.

Strategic Direction

Key Pillar 1. Our Environment

CSP Strategy EN4 - Maintain a balance between growth, development and environmental protection through sensible planning

Delivery Program Action EN4.1 - Ensure Council's statutory planning instruments are up to date and reflective of the community needs

Operational Plan Activity EN4.1.1 – Undertake ongoing strategic land use planning and reviews of existing instruments

ATTACHMENTS: Nil

Ordinary Council Meeting 26 June 2019

7.1 Waste Transfer Stations

SUMMARY

To provide Council with a further report to the operation of waste transfer stations at Gundaroo, Sutton, Bowning, Binalong and Bookham and the possible introduction of kerbside collection services in Gundaroo, Sutton and Bookham.

RECOMMENDATION

1. Council undertake a survey of residents of Gundaroo, Sutton and Bookham about domestic and recyclable waste collection.

2. Subject to the introduction of a kerbside waste collection service in Gundaroo and Sutton, the hours of operation of the current Gundaroo waste transfer station to be reduced to every Sunday between 9:00am–3.30pm (closed 12noon – 12:30pm).

3. Subject to the introduction of a kerbside waste collection service in Bookham, the hours of operation of the current Bookham waste transfer station to be reduced to every second Sunday between 9:00am–1:00pm. (Alternate Sunday to Bowning).

4. The hours of operation of the current Bowning waste transfer station to be reduced to every second Sunday between 9:00am–1:00pm. (Alternate Sunday to Bookham).

5. The hours of operation of the current Binalong waste transfer station to be reduced to every Sunday between 9:00am–1.00pm.

6. That one calendar months’ notice of the proposed changes to operating hours be displayed prior to introduction of any change to waste transfer station operating hours.

Financial IMPLICATIONS

The introduction of kerbside collection services to Gundaroo, Sutton and Bookham, coupled with changes to the operation of local transfer station in Gundaroo, Bookham, Bowning and Binalong is expected to have a positive financial impact on the Waste Fund which is funded on user pays principles.

POlicy & Legislation

Yass Valley Strategic Plan.

Protection of the Environment Operations Act.

Work, Health and Safety Act

Local Government (State) Award

REPORT

1. Background

In 2017/18 Council undertook a review of its waste operations with the view to assess current practices and to seek potential reductions in waste to landfill and operational costs.

In April 2018 Council resolved (Resolution 64) to:

Receive a further report, including the financial and social impacts of the following:

· Provision of kerbside waste and recycling services in the villages of Gundaroo and Sutton

· Operation of Bookham and Bowning waste transfer stations, including closure or any other alternative arrangements

· Reducing operating hours at the Binalong waste transfer station and Gundaroo waste transfer station

· Investigate the impacts of construction and demolition waste, timber waste and green waste being deposited at Yass and Murrumbateman waste transfer stations only

The intention of this report is to facilitate community consultation.

1. Gundaroo and Sutton.

a) Current collection arrangements

Council does not currently provide a kerbside domestic and recycle waste collection to the residents of Gundaroo and Sutton.

Residents are required to either take their waste to their local transfer station or engage the services of a contractor to collect and dispose of their waste. However, this service is restricted to domestic household waste and does not cover recyclable material. It is noted that the contractor is a large Queanbeyan waste collection contractor who is understood charges $629 per annum for this service. This service is optional for each resident.

Recyclable material is required to be taken to the local transfer station.

b) Proposed collection arrangements

Council currently provides a weekly kerbside domestic and fortnightly recyclable collection service to a number of village residents within the Council area. An analysis of current operations indicates that extending this service to the villages of Gundaroo and Sutton could be accommodated within current collection patterns and services given the proximity of these villages to the Canberra recycling/waste sites utilised by Council. The inclusion of such a service would entail some additional plant hours and cost associated with the provision of approximately 600 collection bins; 1 domestic and 1 recyclable per household.

c) Costs

In line with Council’s current (2019/20) domestic waste collection fee of $397 per household, this would equate to a saving of $232, with the additional benefit of a fortnightly recyclable collection. Other benefits include:

· A reduction in waste to landfill

· increased recovery of recyclables

· reduction in waste being taken to local waste transfer stations

However, it is understood that the domestic waste bin (140L) is smaller than private contractor’s 240L bins, with a perception of reduction in service. The addition of a 240L fortnightly recycling will allow each household to dispose of 800L of additional (domestic and recyclable) waste per annum if compared to their current arrangements.

Financial Implications - Gundaroo & Sutton
Income
Kerbside collection fee	$119,100	Based on approximately 300 services @ $397.
Total Income	$119,100

Direct Expenditure
Plant Rates	$20,540	Based on plant cost of $50.00 per hour over year.
Landfill costs	$32,800	Based on 12kg per bin x 52 services x $175.00 per tonne.
Recycling costs	$8300	Based on 11kg per bin x 25 services x $100 per tonne.
Supply MGB’s	$30,000	300 waste and 300 recycling bins, amortised over 10 years
Total Direct Expenditure	$91,640
Total	$27,360

There would be no need for any additional plant or staff as current staffing levels and plant have the scope to complete the services.

d) Gundaroo Waste Transfer Station

The Gundaroo waste transfer station currently operates 16 hours per week; 8 hours on a Saturday and 8 hours on a Sunday. Current statistics indicate that it has some 2181 paid deposits per year and a further 350 ‘free’ vouchers collecting approximately 112 tons of material per annum. The site does not appear to experience illegal dumping. This equates to around 51kg of waste material per person per year over 832 hours of operation.

Operationally this equates to one visit to the site every 23 minutes; or 17 per opening period.

e) Possible collection arrangements

Council currently provides a weekly kerbside domestic and fortnightly recyclable collection service to a number of village residents within the Council area. The provision of a kerbside collection service would allow the hours of operation of the current waste transfer station to be reduced to 1 day per week to accommodate those not proposed to be serviced by a kerbside collection.

The site is current serviced by large roll-on bins requiring specialised lifting equipment. These bins are to be replaced with smaller 1,100 bins that can be serviced by Council’s existing rear-loading waste truck. This will provide greater flexibility and reduce operating costs due to the significantly smaller truck being used.

f) Proposal

It is proposed that Council undertake a survey of residents of Gundaroo and Sutton regarding the provision of a weekly domestic and fortnightly recyclable collection service. Further is proposed that subject to the introduction of a kerbside waste collection service in Gundaroo that the hours of operation of the current Gundaroo waste transfer station to be reduced to every Sunday between 9:00am–3.30pm to accommodate those not proposed to be serviced by a kerbside collection.

2. Bookham Waste Transfer Station

Current operations

The Bookham waste transfer station currently operates 8 hours per week; 4 hours on a Wednesday and 4 hours on a Sunday. Current statistics indicate that it has some 312 paid deposits per year and a further 50 ‘free’ vouchers collecting approximately 19 tons of material per annum. The site also experiences around 3 tons of illegal dumping per annum. This equates to around 60kg of waste material per person per year over 416 hours of operation.

Operationally this equates to one visit to the site every 1 hour and 20 minutes; or 3 per opening period.

Proposed operations

Council currently provides a weekly kerbside domestic and fortnightly recyclable collection service to a number of village residents within the Council area, including the village of Binalong and Bowning. Given the number of residents in the Bookham village, it is proposed that a weekly domestic and fortnight recyclable collection service could be accommodated in the current Binalong, Binalong collection service.

This would allow the operational hours of the Bookham waste transfer station to be reduced with waste being transferred at the household to a collection service. It is proposed that the operational hours of the site could be reduced to 4 hours on a Sunday to accommodate those not proposed to be serviced by a kerbside collection.

The site is currently serviced by large roll-on bins requiring specialised lifting equipment. These bins are to be replaced with smaller 1,100L bins that can be serviced by Council’s existing rear-loading waste truck. This will provide greater flexibility and reduce operating costs due to the significantly smaller truck being used.

Costs

In line with Council’s current (2019/20) domestic waste collection fee of $397 per household. Benefits include:

· A reduction in waste to landfill

· increased recovery of recyclables

· reduction in waste being taken to local waste transfer stations

Financial Implications - Bookham
Income
Kerbside collection fee	$5,955	Based on approximately 15 services @ $397.
Total Income	$5,955

Direct Expenditure
Plant Rates	$3,250	Based on plant cost of $50.00 per hour over year.
Landfill costs	$1,575	Based on 12kg per bin x 52 services x $175.00 per tonne.
Recycling costs	$400	Based on 11kg per bin x 25 services x $100 per tonne.
Supply MGB’s	$300	15 waste and 15 recycling bins, amortised over 10 years
Total Direct Expenditure	$5,525
Total	$430

There would be no need for any additional plant or staff as current staffing levels and plant have the scope to complete the services.

Proposal

It is proposed that Council undertake a survey of residents of Bookham to gauge support for a weekly domestic and fortnightly recyclable collection service. Further is proposed that subject to the introduction of a kerbside waste collection service in Bookham that the hours of operation of the current Bookham waste transfer station to be reduced to every second Sunday between 9:00am–1:00pm (alternate week to Bowning) to accommodate those not proposed to be serviced by a kerbside collection.

3. Bowning Waste Transfer Station

Current operations

The Bowning waste transfer station currently operates 4 hours per week on a Sunday and is located some 9km from the Yass transfer station. Current statistics indicate that it has some 403 paid deposits per year and a further 70 ‘free’ vouchers collecting approximately 22.5 tons of material per annum. The site also experiences around 1.5 tons of illegal dumping per annum. This equates to around 55kg of waste material per person per year over 208 hours of operation.

Operationally this equates to one visit to the site every 30 minutes; or eight per opening period.

Proposed operations

Council currently provides a weekly kerbside domestic and fortnightly recyclable collection service to a number of village residents within the Council area, including the village of Bowning.

Costs

There would be no need for any additional plant or staff as current staffing levels and plant have the scope to complete the services.

Proposal

That the hours of operation of the current Bowning waste transfer station to be reduced to every second Sunday between 9:00am–1:00pm (alternate week to Bookham) to accommodate those not proposed to be serviced by a kerbside collection.

4. Binalong Waste Transfer Station

Current operations

The Binalong waste transfer station currently operates 8 hours per week; 4 hours on a Wednesday and 4 hours on a Sunday. Current statistics indicate that it has some 468 paid deposits per year and a further 110 ‘free’ vouchers collecting approximately 25.5 tons of material per annum. The site also experiences around 4.5 tons of illegal dumping per annum. This equates to around 54kg of waste material per person per year over 416 hours of operation.

Operationally this equates to one visit to the site every 50 minutes; or 4 per opening period.

Proposed operations

Council currently provides a weekly kerbside domestic and fortnightly recyclable collection service to a number of village residents within the Council area, including the village of Binalong. It is proposed that the operational hours of the site be reduced to 4 hours on a Sunday to accommodate those not proposed to be serviced by a kerbside collection.

Costs

There would be no need for any additional plant or staff as our current staffing levels and plant have the scope to complete the services.

Proposal

that the hours of operation of the current Binalong waste transfer station to be reduced to every Sunday between 9:00am–1.00pm to accommodate those not proposed to be serviced by a kerbside collection.

5. Wee Jasper Waste Transfer Station

Council currently provides 1,100L bins at the Wee Jasper waste transfer station. Given the location of this site it is not proposed to change the operation of this site.

Comment

The introduction of kerbside collection services in Gundaroo, Sutton and Bookham will allow operational savings to be made to waste transfer stations while at the same time providing a different type of collection service to local residents.

The current sites, including Binalong, experience attendance levels of between 23 minutes and 1 hour and 50 minutes taking, on average, 50kg per person at each site on any given opening period which could be accommodated in 1100L bins at transfer station sites.

While it is recognised that some residents may already engage a private contractor to collect household waste, this service does not encourage recycling of materials. The extension of the current weekly and fortnightly services to these residents will provide additional funding for the ongoing management of waste throughout the Council and an improved service to local residents.

6. Other Waste and Recycling

Investigations into the impact of construction and demolition waste, timber waste and green waste being deposited at Yass and Murrumbateman waste transfer stations is still underway and appropriate data is being collected to inform that investigation.

Further options regarding the operation of a reuse (“Revolve”) type facility at Yass waste transfer station are being explored, including opportunities for such a facility to be operated external to Council as is undertaken in other Council areas. A report will be provided to council in the near future.

Strategic Direction

Key Pillar 4. Our Infrastructure

CSP Strategy IN6 - Implement safe, accessible, and efﬁcient management and recycling options for general waste, green waste, and sewage

Delivery Program Action IN6.2 - Provide an efficient and sustainable waste service

Operational Plan Activity IN6.2.1 - Operation of domestic and commercial waste collection

ATTACHMENTS: Nil

12.1 Minutes of the Aboriginal Consultative Committee held on 4 June 2019

Attachment b Plan of Management for Oak Hill & Yass Aboriginal Cemetery

Oak Hill Aboriginal Reserve & Yass Aboriginal Cemetery

Plan of Management

2019

The Office of Environment and Heritage and State of NSW are pleased to allow this material to be reproduced in whole or in part for educational and non-commercial use, provided the meaning is unchanged and its source, publisher and authorship are acknowledged.

The Office of Environment and Heritage (OEH) has compiled this publication in good faith, exercising all due care and attention. No representation is made about the accuracy, completeness or suitability of the information in this publication for any particular purpose. OEH shall not be liable for any damage which may occur to any person or organisation taking action or not on the basis of this publication. Readers should seek appropriate advice when applying the information to their specific needs.

Contents

DEFINITIONS. 4

ACRONYMS. 5

LIST OF TABLES. 5

1. EXECUTIVE SUMMARY. 6

2. INTRODUCTION.. 7

2.1 WHAT IS AN ABORIGINAL PLACE?. 7

2.2 WHAT IS A PLAN OF MANAGEMENT?. 7

2.3 OBJECTIVES OF THIS PLAN OF MANAGEMENT. 7

2.4 AIM OF THE PLAN OF MANAGEMENT. 7

2.5 STAKEHOLDERS AND AFFECTED PARTIES. 11

3. GENERAL STATEMENT OF MANAGEMENT. 11

4. STATEMENT OF CULTURAL VALUES OF THE ABORIGINAL PLACES. 12

5. ABORIGINAL COMMUNITY MANAGEMENT GOALS. 13

6. RISK ASSESSMENT OF HARM TO THE ABORIGINAL PLACE. 14

6.1 DEFINITION OF ‘HARM’ 14

6.2 EXEMPTIONS. 15

6.3 ABORIGINAL HERITAGE IMPACT PERMIT (AHIP). 15

7. ACTIVITIES THAT MAY HARM THE ABORIGINAL PLACE. 15

7.1 RISK MANAGEMENT MEASURES. 17

8. GENERAL MANAGEMENT PROTOCOLS. 17

8.1 SITE-SPECIFIC CULTURAL VALUE MANAGEMENT STATEMENT. 18

8.2 MANAGEMENT ACTIVITIES. 19

8.3 MATTERS FOR NEGOTIATION.. 20

9. TREATMENT OF CULTURALLY SENSITIVE INFORMATION.. 21

9.1 RESTRICTION ON RELEASE OF CERTAIN INFORMATION.. 21

10. STAKEHOLDERS AND INTERESTED PARTIES. 21

11. FUNDING OPPORTUNITIES. 22

12. REFERENCES. 23

13. FURTHER INFORMATION.. 23

DEFINITIONS

Aboriginal community can include but is not limited to

● Cultural knowledge holders

● Elders groups/councils

● Custodians

● Local Aboriginal Land Councils

● Native title holders/claimants

● Other Aboriginal people with interests

● Registered Aboriginal organisations

● Traditional owners

Aboriginal Heritage Impact Permit (AHIP) – is the statutory instrument that the Office of Environment and Heritage issues under section 90 of the National Parks and Wildlife Act 1974 to manage harm to Aboriginal objects and Places.

Aboriginal Heritage Information Management System (AHIMS) – contains information and records about Aboriginal objects that have been reported to the Director General of the Department of Premier and Cabinet. It also contains information about Aboriginal Places which have been declared by the Minister to have special significance for Aboriginal culture.

Conservation works – works that assist in retaining the cultural significance of a place or object, and are undertaken to prevent further deterioration and potential loss of cultural significance.

Cultural values – the cultural significance of landscapes, places, objects, customs and traditional (and their context) that communities have inherited from the past and wish to conserve for current and future generations. These values can relate to physical or ‘tangible’ sites, places and objects; and ‘intangible’ cultural practices associated with those landscapes, sites, places and objects and include traditional, historical and contemporary associations of people with heritage places. Natural elements of the environment may also have cultural meaning and values.

‘Harm’ to an Aboriginal object or place is defined in the National Parks and Wildlife Act 1974 (NPW Act) to include any act or omission that destroys, defaces or damages an Aboriginal object or place or causes or permits the object or place to be destroyed, defaced or damaged. Harm to an Aboriginal Place is an offence under the NPW Act unless the harm was authorised by an Aboriginal Heritage Impact Permit (AHIP).

Gazettal – The New South Wales Government Gazette is the official channel for the circulation of Proclamations, Regulations, Government Notices, Private Legal Advertisements and other matters required to be published in the Government Gazette under the Statutes of New South Wales Government.

Office of Environment and Heritage Information Agreement – a standardised agreement made to protect the privacy of information provided to OEH related to information or cultural knowledge obtained during heritage research.

Section 161 notices – section 161 of the National Parks and Wildlife Act 1974 enables information about Aboriginal Places, objects and culture to be withheld – or kept confidential – in the public interest. A notice under section 161 allows the Director General to say that specified information relating to the cultural values of an Aboriginal Place should be withheld in the public interest.

Special significance – a level of significance considered higher than the normal level of significance to Aboriginal culture.

ACRONYMS

AHIMS Aboriginal Heritage Information Management System

AHIP Aboriginal Heritage Impact Permit

AP Aboriginal Place

NPW Act National Parks and Wildlife Act 1974

OHAR Oak Hill Aboriginal Reserve

OEH Office of Environment and Heritage

PoM Plan of Management

YAC Yass Aboriginal Cemetery

LIST OF TABLES

Table 1: Oak Hill Aboriginal Reserve & Yass Aboriginal Cemetery Aboriginal Place profile

Table 2: Aboriginal Community Management Goals

Table 3: Risk assessment of harm to the Aboriginal Place

Table 4: Activities that may harm an Aboriginal Place

Table 5: Site-specific cultural value management statement

Table 6: Management activities

1. EXECUTIVE SUMMARY

The two Aboriginal Places, Oak Hill Aboriginal Reserve and the Yass Aboriginal Cemetery, are in the town of Yass, New South Wales. The Oak Hill Aboriginal Reserve (OHAR) comprises 5.2 hectares and consists of several inter-related site elements: a registered infant’s burial site; further possible infant burials; and two associated living areas. A component of the Oak Hill site (DEC Site No: 51-4-1) was first registered in 1976 as possibly containing Aboriginal burials. Significant developments in the process of recognising the site occurred during attempts to construct a Yass Council garbage tip, the Yass Bypass and the Yass Waterworks – in the period from 1982 to the mid-1990s.

A number of investigations into the archaeological and cultural heritage values of the area were conducted during the 1980s by the then National Parks and Wildlife Service (NSW). In a 1986 report produced for the National Parks and Wildlife Service (NSW) by ANUTech it was recommended that the Oak Hill area be gazetted as an Aboriginal Place under s84 of the National Parks and Wildlife Act 1974. In 1987, as a consequence of the ANUTech report findings, Yass Shire Council recognised that the site was significant to the Aboriginal community. The then Minister for the Environment, the Hon B. Carr MP, approved an extension to the Waterworks Development, located within the Oak Hill area, subject to a number of conditions – including that the remainder of the Oak Hill area be gazetted as an Aboriginal Place.

The Yass Aboriginal Cemetery (YAC) Aboriginal Place comprises an area of 0.026822 hectares. The YAC is significant to Aboriginal culture for its post-contact Aboriginal history and its significant role in the wider Yass Aboriginal cultural landscape. The YAC assists Aboriginal families across NSW who have a connection to the Yass area, in particular to the government-run reserve Hollywood and the fringe camps known as Black’s Camp and Oak Hill, to trace their family genealogies. The Cemetery is significant to local Aboriginal Elders for cultural renewal as the location used to rebury ancestral remains repatriated from State museums and institutions. This provides an opportunity for Elders to teach children and the wider community details of both traditional knowledge and the post-contact history of the area. All these elements of significance are contemporaneous and together represent and embody the post-contact history of Aboriginal community life in Yass, NSW

On 23 February 2007, published in the New South Wales Government Gazette under section 84 of the National Parks and Wildlife Act 1974, the Minister for the Environment declared that Oak Hill Aboriginal Reserve is of special significance to Aboriginal culture and declared it an Aboriginal Place.

On 11 November 2016, published in the New South Wales Government Gazette under section 84 of the National Parks and Wildlife Act 1974, the Minister for the Environment declared that the Yass Aboriginal Cemetery is of special significance to Aboriginal culture and declared it an Aboriginal Place.

This document seeks to provide a clear and transparent management framework for Oak Hill and the Yass Aboriginal Cemetery consistent with the requirements relating to Aboriginal Places under the NSW National Parks and Wildlife Act 1974. This document draws on discussions and negotiations between the Onerwal Local Aboriginal Land Council, Ngunnawal custodians, Yass Valley Council, private landowners and the Office of Environment and Heritage.

Management will be a joint effort between the Onerwal Local Aboriginal Land Council, Ngunnawal custodians, Yass Valley Council, private landowners and the Office of Environment and Heritage. While overall responsibility will remain with Yass Valley Council, management will be undertaken as a team. This approach is desirable for the appropriate future management of Oak Hill Aboriginal Reserve & Yass Aboriginal Cemetery Aboriginal Place. The Office of Environment and Heritage will act in consultation with Registered Aboriginal Parties to any Aboriginal Heritage Impact Permit for the sites.

2. INTRODUCTION

2.1 WHAT IS AN ABORIGINAL PLACE?

Declaring an Aboriginal Place is a way of recognising and legally protecting Aboriginal cultural heritage. Any land in New South Wales that is deemed to have special significance for Aboriginal culture, both public and private land, can be declared an Aboriginal Place.

The Office of Environment and Heritage (OEH) has an ongoing program of assessing and recommending the declaration and gazettal of areas as Aboriginal Places throughout NSW. These declarations are a conservation tool and advance the recognition, protection and understanding of Aboriginal cultural values throughout NSW. The protective benefits of declaration can be augmented by using other tools such as listings on the State Heritage Register and conservation agreements under Part 4 of the NSW National Parks and Wildlife Act 1974.

The Aboriginal Places Policy (OEH 2011a) sets out the process for assessing and declaring Aboriginal Places and includes a requirement to provide guidance on assessment and management planning.

2.2 WHAT IS A PLAN OF MANAGEMENT?

A Plan of Management (PoM) is an important tool drafted by the NSW Office of Environment and Heritage in accordance with the OEH Aboriginal Place guidelines and in consultation with the key stakeholders identified through the Aboriginal Place assessment process. A PoM identifies the subject land and outlines how the land is intended to be used, improved, maintained and managed into the future. The document provides a transparent and co-ordinated approach to public land management. All management plans require endorsement by the Office of Environment and Heritage.

2.3 OBJECTIVES OF THIS PLAN OF MANAGEMENT

This PoM seeks to provide a clear and transparent management framework, which aligns with the Aboriginal cultural values of Oak Hill Aboriginal Reserve & Yass Aboriginal Cemetery as gazetted Aboriginal Places under the NSW National Parks and Wildlife Act 1974.

The PoM will enable Oak Hill Aboriginal Reserve and the Yass Aboriginal Cemetery to continue to develop as a place of:

● Protected cultural heritage and values

● Community and cultural activity

● Teaching of Aboriginal land management

A key objective for the PoM is to recognise the Aboriginal cultural values within the sites and to outline the policies and strategies for their management and conservation.

2.4 AIM OF THE PLAN OF MANAGEMENT

The development of a management plan for the Oak Hill Aboriginal Reserve & Yass Aboriginal Cemetery Aboriginal Place aims to:

● Promote long-term protection of the cultural values of the place

● Enable the Aboriginal community to manage the cultural values of the area identified as holding special significance

● Enable the Aboriginal community to discuss issues and reach agreements with the landowner and Lessee Manager about site protection

● Improves regulatory and management outcomes for the community

The Office of Environment and Heritage aims to:

● Provide the declared Aboriginal Place with a management plan

● Implement the management plan, using it to conserve and protect cultural values

● Uphold mutual respect between all stakeholders in the plan of management

● Assist stakeholders in the future review of the management plan

Table 1: Oak Hill Aboriginal Reserve

Lot & DP	Part of 7010//1026236; 7006//1024017; 7015//96291; 7337//1178779; 7009//1117086 Part of 1//180130; 29//1163116; Part of Reddall St (undeveloped road reserve) Part of 2//503391
Owner	Crown Lands Yass Valley Council Ms JB Johnson & Ms MT Rudolph
Land Area (ha)	3.9693 0.7539 0.5210 Ms JB Johnson & Ms MT Rudolph
Zoning	RE1 SP2 & RE1 RU1
Land Classification		Public recreation Water supply system & public recreation Primary production
Surrounding Development		Road, reserve, grazing & public infrastructure Road, reserve, grazing & TSR Road, public infrastructure, reserve
Current use		Reserve/open space & TSR Public infrastructure & Reserve/open space Grazing

Figure 1: Oak Hill Aboriginal Reserve Map

Table 2: Yass Aboriginal Cemetery

Lot & DP	Part of 7301//1166690
Owner	Crown
Management	Yass Valley Council
Land area (ha)	0.026822
Zoning	SP1
Land Classification	Cemetery
Surrounding Development	Cemetery, rural residential
Current Use	Cemetery

Figure 2: Yass Aboriginal Cemetery Map

2.5 STAKEHOLDERS AND AFFECTED PARTIES

This PoM draws upon consultation between Onerwal Local Aboriginal Land Council, Ngunnawal custodians, Yass Valley Council and the Office of Environment & Heritage. Outcomes and community values, and in particular Aboriginal cultural values, emerging from this consultation have been considered in developing this PoM and will continue to inform the values, directions and strategies of future use and development of Oak Hill Aboriginal Reserve & Yass Aboriginal Cemetery Aboriginal Places.

During the meeting held on 17^th March 2017, the following stakeholders and parties were identified.

- All members of the local Aboriginal Community, particularly families that lived at Oak Hill Aboriginal Place and/or those that have family members that are buried at the Yass Aboriginal Cemetery

- Onerwal Local Aboriginal Council

- Department of Primary Industries

- Yass Valley Council (Natural Resource Management)

- Yass Valley Aboriginal Advisory Committee

- Aboriginal Service Providers (Yass Koori Interagency)

- Yass Aboriginal Education Committee

- Adjoining landowners/representatives (David Ault and Bernie Johnson)

- NSW Police

- Emergency Services (NSW Fire Service and NSW Rural Fire Service)

There will be opportunities, and need, for consultation with the wider community in the course of the ongoing management of Oak Hill Aboriginal Reserve & Yass Aboriginal Cemetery. The PoM sets out the basis on which both Aboriginal Places can be managed by the Onerwal Local Aboriginal Land Council in conjunction with Yass Valley Council.

3. GENERAL STATEMENT OF MANAGEMENT

The Oak Hill Aboriginal Reserve and Yass Aboriginal Cemetery Aboriginal Place are located on land that is managed by the Yass Valley Council on behalf of the Crown. Yass Valley Council is encouraged to liaise closely with Onerwal Local Aboriginal Land Council and Ngunnawal custodians to enable the continuation of traditional Aboriginal cultural and spiritual practices at both sites, through informal or legal agreed arrangements.

Actions designed to ensure and encourage the continued recognition of the site’s significance should be adopted, such as to prevent harm to the Aboriginal Place, preserve and maintain the cultural significance of the area, regularly inspect and monitor the sites and develop preventative measure to minimise harm to the sites and develop interpretive information regarding the two sites. Moveable objects of cultural significance will be conserved in situ wherever possible. If objects are moved, they should be moved in accordance with an Aboriginal Heritage Impact Permit, assessed for significance under the Heritage Act 1977 and professionally recorded, collected and stored.

The resolution of any conflicts regarding management and change should give priority to Aboriginal cultural values.

4. STATEMENT OF CULTURAL VALUES OF THE ABORIGINAL PLACES

Statement of Special Significance: The Statement of Special Significance to Aboriginal culture of the Oak Hill Aboriginal Reserve and Yass Aboriginal Cemetery Aboriginal Place is:

Oak Hill Aboriginal Reserve is significant to Aboriginal culture because the site includes:

A Reserve camp that was set up under the auspices of the Aborigines Protection Board in the period from the late 1880s to the first decade of the twentieth century.

The site of a camp established by the Aboriginal community outside and in opposition to the Reserve system then under the control of the Aborigines Welfare Board in the period from the 1920s to the 1950s.

Areas identified as including burials of infants from the associated camp sites.

The three site elements of the infants’ burial site (51-4-1), the ‘dog pound’ burial site and the Oak Hill camps site together form a site complex area that is of special significance to the Yass Aboriginal community (State Heritage Criteria D^{^[1]}). These three site elements are contemporaneous and together represent and embody an important era of Aboriginal community life in New South Wales (State Heritage Criteria A^{^[2]}).

The Oak Hill Aboriginal Place represents an era of Aboriginal life and illustrates the two major distinct responses of Aboriginal communities to life under the Aborigines Protection and Welfare Board’s settlement policies. The history of the community’s repeated return to the Oak Hill site illustrates continued attachment to the area and a determination to exert community will against the impositions of the Board’s changing policies. The burial of infants near the camp area substantially adds to the significance of the site to the current Yass Aboriginal community. This site is testimony to the capacity of the Aboriginal people of Yass to maintain a strong community life within the town area despite opposition from townspeople and governmental authorities.

Yass Aboriginal Cemetery is significant to Aboriginal culture because the values for which the Yass Aboriginal Cemetery Aboriginal Place has been assessed as significant to Aboriginal culture include, but are not limited to, it being a place valued for its post-contact Aboriginal history which plays a significant role in the wider Yass Aboriginal cultural landscape.

The Yass Aboriginal Cemetery assists Aboriginal families across New South Wales which have a connection to the Yass area, in particular to the government-run reserve Hollywood and the fringe camps known as Black’s Camp and Oak Hill, to trace their family genealogies.

The Cemetery is significant to local Aboriginal Elders for cultural renewal through the location being used to re-bury ancestral remains repatriated from State museums and institutions. This provides an opportunity for Elders to teach children and the wider community details of both traditional knowledge and post-contact history of the area.

All these elements of significance are contemporaneous and together represent and embody the post-contact history of Aboriginal community life in Yass, New South Wales.

Note: under section 86 of the National Parks and Wildlife Act 1974, it is an offence to harm or desecrate (harm includes destroy, deface or damage) an Aboriginal Place.

Activities or works for the conservation or protection of the Aboriginal place that are carried out by an officer of the Office of Environment and Heritage, or under the direction of such an officer, in accord with section 87A(a) of the National Parks and Wildlife Act 1974 may be exempt.

Activities carried out in accordance with the Public Health Regulation 2012 part 8 Disposal of Bodies which constitute the continued use of Yass Aboriginal Cemetery as a Cemetery would not harm or desecrate this declared Aboriginal place.

Should any activities that may cause harm to or desecrate this Aboriginal place be contemplated, consent should be sought from the Chief Executive, Office of Environment and Heritage.

5. ABORIGINAL COMMUNITY MANAGEMENT GOALS

The Aboriginal community have identified Management Goals that they wish to achieve at both sites. These goals have been determined as short-term, medium-term and long-term goals and have been set to provide a workable timeframe as to the management of the declared Aboriginal Place.

TABLE 3

Management Goals	Timeframe – short-term, medium-term or long-term
1. Prevent harm to both Aboriginal Places including harm that may be caused by encroaching urban development (OHAR)	Short-term
2. Preserve and maintain the cultural significance of the area, erect interpretative display featuring modified (scarred) trees, remove weeds, record existing cultural relics (OHAR)	Short-term
3. Celebrate cultural events at the site, including seating and lighting (OHAR), fix road to the cemetery (YAC)	Short-term – Medium-term
4. Develop a management schedule (who will inspect and/or monitor site, when will inspections be carried out) (OHAR AND YAC)	Medium-term
5. Develop interpretive information regarding Aboriginal Place, outdoor education centre with & amenities (OHAR)	Long-term

6. RISK ASSESSMENT OF HARM TO THE ABORIGINAL PLACE

A risk assessment outlining the risks of harm to Oak Hill Aboriginal Reserve & Yass Aboriginal Cemetery Aboriginal Places:

TABLE 4

Risk of Harm	How will significant threats be managed?	Who is responsible for completing the work?	Risk
Unauthorised human impact	Appropriate deterrents to prevent the sites being destroyed. Illegal recreation use i.e. motor bike riding, vandalism, rubbish dumping. Develop a formal works program for cemetery. Fence both the OHAR and YAC. Install signage deterring rubbish dumping at both sites.	Yass Valley Council and the Aboriginal community.	High
Ground disturbance and removal of soil, potential damage to unmarked burials / burials (OHAR)	Do not allow any ground disturbance without AHIP from OEH. NOTE: this includes the cemetery.	Yass Valley Council and the Aboriginal community.	High
Erection of structures	Do not allow the erection of structures without AHIP from OEH.	Yass Valley Council and the Aboriginal community.	High
Invasive weeds	Do not allow the dumping of plant material. Conduct a weed assessment.	Yass Valley Council and the Aboriginal community and other interested community groups.	High
Cultural relics removed	Do not allow cultural relics to be moved. This is specific to OHAR.	Yass Valley Council and the Aboriginal community.	High

6.1 DEFINITION OF ‘HARM’

Harm to an Aboriginal object or place is defined in the National Parks and Wildlife Act 1974 (NPW Act) to include any act or omission that destroys, defaces or damages an Aboriginal object or place or causes or permits the object or place to be destroyed, defaced or damaged. Harm to an Aboriginal Place is an offence under the NPW Act unless the harm was authorised by an Aboriginal Heritage Impact Permit (AHIP). The existing activities carried out by Snowy Hydro on the subject land do not constitute harm or desecration to the Aboriginal Place.

6.2 EXEMPTIONS

There are exemptions to the strict liability offence of harming an Aboriginal Place when the relevant activity:

● Relates to Aboriginal people ‘carrying out traditional cultural activities (except commercial activities)’ (section 87B of the NPW Act)

● Was required to conserve or protect an Aboriginal object or place and was carried out by a OEH officer or a person under the direction of that officer (section 87Aa of the NPW Act)

● Was required or permitted under a conservation agreement entered into under Division 12 of part 4 of the NPW Act (section 87Ad of the NPW Act)

● Was authorised by or under the State Emergency and Rescue Management Act 1989 for an emergency within the meaning of the Act, and the act was reasonably necessary to avoid an actual or imminent threat to life or property (section 87Ac of the NPW Act), or

● Was an emergency firefighting act or bush fire hazard reduction work within the meaning of the Rural Fires Act 1997 that is authorised or required to be carried out under that Act (section S87Ab of the NPW Act).

6.3 ABORIGINAL HERITAGE IMPACT PERMIT (AHIP)

An Aboriginal Heritage Impact Permit is the statutory instrument that the Office of Environment and Heritage (OEH) issues under section 90 of the National Parks and Wildlife Act 1974 (NPW Act) to manage harm or potential harm to Aboriginal objects and places.

Activities that may require an Aboriginal Heritage Impact Permit issued under Part 6 of the National Parks and Wildlife Act 1974 include but are not limited to;

• Ground disturbance

• Removal of cultural material

• Erection of structures

• Collection of firewood

7. ACTIVITIES THAT MAY HARM THE ABORIGINAL PLACE

Activities identified by the Aboriginal community, landowner and all relevant stakeholders that may cause harm to the declared Aboriginal Place:

TABLE 5

Cultural value or special significance of the Aboriginal Place	Examples of activities that could harm an Aboriginal Place	Is the activity consistent with the cultural values of the aboriginal Place? Under what conditions could it be consistent, if any?
Burials	Unauthorised activities involving soil disturbance	Not consistent with cultural values. AHIP required or OEH Officer
	Constructing dwellings	Not consistent with cultural values
	Fire and managing fire	Consistent if managed in accordance with obligations under Rural Fires Act 1997
	Mining, quarrying	Not consistent with cultural values
	Recreational activities such as, mountain bike or motor bike riding	Not consistent with cultural values
	Lack of formal works program to removal excess rubbish accumulating at the YAC site	Not consistent with cultural values
Revegetation	The clearing of native vegetation in the area and any clearing activity that disturbs or causes damage to the site and its immediate surrounds	Not consistent with cultural values
	Removing soil to ground level	Not consistent with cultural values
	Moving, relocating or collecting objects	AHIP required or OEH Officer
	Mining, quarrying	Not consistent with cultural values
	Vandalism	Not consistent with cultural values
	Visitors interfering with the site, i.e. changing the cultural landscape	Not consistent with cultural values
Places associated with intergenerational teaching, to pass on knowledge to young people	Major landscape changes to the place such as clearing trees, quarrying, mining, mineral exploration	Not consistent with cultural values
	Destroying trees that were used for medicine and food and that area used for passing on knowledge	Not consistent with cultural values
Places that include rare or significant collections of Aboriginal objects- sacred trees, grinding grooves, ochre or stone extraction sites, tool making sites, rock art, middens, ceremonial rings, stone arrangements.	Most major landscape changes to the place such as clearing trees, quarrying, mineral exploration	Not consistent with cultural values
	Moving or collecting objects	AHIP required or OEH Officer
	Clearing or burning trees	Not consistent with cultural values
	The carrying out of infrastructure development with the exception of activities associated with the existing use of the subject land for water storage.	Not consistent with cultural values
	Visitors to the place interfering with object, e.g. Touching it	Consistent for the purposes of identifying objects and teaching traditional cultural knowledge, providing objects are left in place

NB Some actions may require a formal environmental assessment or a review of environmental factors before the activity would be permitted and nearly all activities will need an Aboriginal Heritage Impact Permit (AHIP) application. Dependant on the activity some activities may be exempt from an AHIP application.

7.1 RISK MANAGEMENT MEASURES

● Undertaking cultural and heritage assessments before undertaking works through the relevant Aboriginal Heritage Impact Permit process

● Including an exclusion or buffer zone for activities that could harm the AP – this could be temporarily marked during works and removed once completed

● Consulting and involving the local Aboriginal community, Elders, relevant community stakeholders and Onerwal Local Aboriginal Land Council

● Some method of fencing to deter human traffic, and animals damaging the AP (OHAR)

● Managing the vegetation around the sites to prevent fires

● Educating people on the significance of the place and safe practices whilst visiting AP

● Using an appropriate management plan to recover eroded or exposed sites, avoiding activities that will disturb the subsurface

● Not removing or collecting physical material unless authorised

● Planting the appropriate native vegetation to stabilise the ground and create access corridors

● Ensure the site is only disturbed when authorised by the police or OEH

● Relocating existing roads and pathways when possible to prevent harm to the place

● Routinely monitoring or inspecting sites for harm to the Aboriginal Place, such as vandalism and gradual changes to the landscape (erosion)

8. GENERAL MANAGEMENT PROTOCOLS

Protocols in which the Aboriginal place will be managed and agreed on by all relevant stakeholders involved in developing the plan of management.

● Every 12 months a field survey of the Aboriginal Place will be undertaken and the condition of the place recorded by a designated stakeholder team of at least 2 people from different stakeholder groups

● The Oak Hill Aboriginal Reserve & Yass Aboriginal Cemetery Aboriginal Place Plan of Management should be reviewed every 2-3 years

● Yass Valley Council will notify the Aboriginal community or OEH when they are undertaking work near the place even if the activity is included in the plan of management.

● The stakeholders will meet annually to review the operation of the plan of management, and consider recommending amendments to the plan to OEH

● Visitors to the site should adhere to culturally appropriate protocols which are outlined on the interpretive signage.

● The Aboriginal community should determine whether it is appropriate for there to be interpretive signs erected near the vicinity of the Aboriginal Place

8.1 SITE-SPECIFIC CULTURAL VALUE MANAGEMENT STATEMENT

The Office of Environment and Heritage recognises the significance of Oak Hill Aboriginal Reserve & Yass Aboriginal Cemetery Aboriginal Place to the local Aboriginal people, and therefore classifies the Aboriginal Place under the values listed in Table 5.

TABLE 6

Cultural value or special significance of the Aboriginal Place	Site-specific cultural value management statements
Places with landforms associated with stories, rituals or spiritual values	● Aboriginal communities and relevant stakeholders will work together to develop, maintain and adhere to a Plan of Management that will conserve and protect the cultural values of the Aboriginal Place ● Yass Valley Council will recognise the ongoing role of the Aboriginal Place as a significant place ● Continuing access for the Aboriginal community is encouraged to maintain its special significance to Aboriginal people and culture ● Yass Valley Council and Aboriginal community will work to prevent large scale landscape changes to the Aboriginal Places, to conserve the spiritual values of the site ● Stakeholders and landowners will handle culturally sensitive information with respect and according to the customs of the relevant Aboriginal community ● All relevant stakeholders including Yass Valley Council should continue to maintain the natural surrounds as they are, due to the significance they play regarding the AP
Places associated with burials and post-contact history & experience	● Stakeholders and Yass Valley Council will handle all culturally sensitive information with respect and according to the wishes of the Aboriginal community regarding the places ● Yass Valley Council and Aboriginal community will work to conserve the cultural values of the place ● Access to the Aboriginal Place by the Aboriginal community will be encouraged ● Cultural practices and customs should be respected at all times ● The development of new infrastructure will only be undertaken under the authorisation of an Aboriginal Heritage Impact Permit unless it will not result in harm to the place or is exempted under the National Parks and Wildlife Act 1974
Places associated with intergenerational teaching, to pass on knowledge to young people	● Yass Valley Council and stakeholders will be encouraged to respect the connection of Aboriginal people to culturally significant places and the need for the connection to Country to allow for the passing on of traditional knowledge ● Yass Valley Council will be encouraged to permit Aboriginal people to access the AP and continue to use the site ● The education of the local community of the significance of the Aboriginal place will be encouraged ● Visitors to the place will be encouraged to show respect for and adhere to any customary procedures practiced
Places that include rare or significant collections of Aboriginal objects - modified trees, cultural relics, historical plantings.	● Rare or significant collections of Aboriginal objects should remain undisturbed ● Culturally sensitive information will be handled with respect and according to the wishes and practices of the Aboriginal community ● Visitors to the Aboriginal Place will be encouraged to show respect for and culturally sensitive to Aboriginal objects by not physically touching them or removing them ● Objects will only be removed by OEH or by a person working for OEH to conserve or protect an Aboriginal object or place or Aboriginal people carrying out traditional cultural activities, except commercial activities

8.2 MANAGEMENT ACTIVITIES

Ongoing works required for Oak Hill Aboriginal Reserve & Yass Aboriginal Cemetery Aboriginal Place, as described in the following table. The works activities undertaken will be subject to the availability of funds, including grants.

TABLE 7

Type of work to be undertaken	Specify ways in which works will be undertaken	The timeframe for the work to be completed	Who is responsible for completing the work
Prevent harm to the Aboriginal Place	Monitor the invasive vegetation and its impact on sites, appropriate deterrent to prevent harm to the site, identify possible unmarked burials Fence both OHAP and the YAC	Short-term	Yass Valley Council Onerwal Local Aboriginal Lands Council, Aboriginal stakeholders, OEH
Vandalism	Reduce illegal rubbish dumping by erecting signs, liaise with the local police to manage illegal recreation use i.e. motor bikes	Short-term	Yass Valley Council
Site assessment to record movable heritage	Record the cultural relics on site	Medium-term	Yass Valley Council, Onerwal Local Aboriginal Lands Council
Monitor/Inspect condition of Aboriginal Place	Adhere to cultural protocols and appropriate person(s) carry out inspection	Long-term	Onerwal Local Aboriginal Lands Council, Aboriginal Community and OEH
Interpretive Signs	Only culturally appropriate information to be made public, not culturally sensitive information AHIP may be needed	Long-term	Onerwal Local Aboriginal Lands Council, Aboriginal Community, Yass Valley Council, and OEH
Celebrate cultural events at the site	Utilise and celebrate the place to showcase Aboriginal culture of the Yass Valley area and broader.	Long-term	Onerwal Local Aboriginal Lands Council, Aboriginal Community, Yass Valley Council

8.3 MATTERS FOR NEGOTIATION

A memorandum of Understanding (MOU) should be developed between Yass Valley Council and the Onerwal Local Aboriginal Lands Council, in order to guide the management of Oak Hill Aboriginal Reserve & Yass Aboriginal Cemetery Aboriginal Place. The MOU can include a number of agreements including, but not limited to:

1. A communication strategy with the Yass Valley Council and the Aboriginal community

2. A set of roles and responsibilities outlined between Yass Valley Council and the Aboriginal community

3. A dispute resolution guide between Yass Valley Council and the Aboriginal community

4. A strategy to impart management of Oak Hill Aboriginal Reserve & Yass Aboriginal Cemetery Aboriginal Place to the Aboriginal community.

9. TREATMENT OF CULTURALLY SENSITIVE INFORMATION

Some of the information collected from the Aboriginal community for the management plan may be culturally sensitive. This information should not be disclosed if there is a risk of harm or inappropriate access of the site. Culturally sensitive information provided to OEH for the purpose of documenting Aboriginal Places may need to be kept confidential.

Some parts of the management plan or the proposal for Aboriginal Place declaration may be kept confidential to protect culturally sensitive information in accordance with a section 161 notice under the National Parks and Wildlife Act 1974 or OEH information agreement.

Culturally sensitive information will be respected and managed in accordance with the National Parks and Wildlife Act 1974.

9.1 RESTRICTION ON RELEASE OF CERTAIN INFORMATION

Section 161 of the National Parks and Wildlife Act 1974 enables information about Aboriginal places, objects and culture to be withheld – or kept confidential – in the public interest.

(1) The Director-General may, by notice in writing, advise the Minister that the Director-General is of the opinion that specified documents in the possession of the service relating to:

(a) The location of threatened species, populations or ecological communities or Aboriginal objects, or

(b) The cultural values of an Aboriginal place or object, should be withheld in the public interest

(2) The Director-general may declare in the notice that information contained in the documents concerned is the information for which there is a conclusive presumption of overriding public interest against disclosure for the purposes of the Government Information (Public Access) Act 2009.

(3) The Director-General must not give a notice under this section in relation to documents relating to the location of Aboriginal objects or the cultural values of an Aboriginal place or Aboriginal object unless the Director-General has consulted with the Aboriginal people who the Director-General is aware have an interest in the documents concerned.

10. STAKEHOLDERS AND INTERESTED PARTIES

Attendees at the planning meetings agreed that the following groups are stakeholders:

- All members of the local Aboriginal Community, particularly families which lived at Oak Hill Aboriginal Place and/or those that have family members buried at the Yass Aboriginal Cemetery

- Onerwal Local Aboriginal Council

- Department of Primary Industries

- Yass Valley Council (Natural Resource Management)

- Yass Valley Aboriginal Consultative Committee

- Aboriginal Service Providers (Yass Koori Interagency)

- Yass Aboriginal Education Committee

- Adjoining landowners (David Ault and Bernie Johnson)

- NSW Police

- Emergency Services (NSW Fire Service and NSW Rural Fire Service)

· Onerwal Local Aboriginal Land Council

Contact: Mr Bradley Bell, Chief Executive Officer, Onerwal Local Aboriginal Lands Council

Phone: 0262265349

Address P.O Box 644, Yass NSW 2582

Email: Onerwal@gmail.com

· Yass Valley Council

Contact: Mr Chris Berry, Director Planning

Phone: 02 62261477

Address: P.O Box 6, Yass NSW 2582

Postal: As above

Email: Chris.Berry@yass.nsw.gov.au

· Office of Environment & Heritage, South East Listings

Contact: Ms Barrina South, Senior Team Leader, Listings

Phone: 02 6229 7096 or 0439 646 872

Postal: PO Box 733, Queanbeyan NSW 2620

Email: barrina.south@environment.nsw.gov.au mailto:paul.house@environment.nsw.gov.au

11. FUNDING OPPORTUNITIES

Australian Government, Department of the Environment Grants and Funding Programs http://www.environment.gov.au/indigenous/grants.html http://www.environment.gov.au/indigenous/grants.html

The Funding Centre

http://www.fundingcentre.com.au/http://www.fundingcentre.com.au/

Office of Environment and Heritage, Protecting Our Places Grant

http://www.environment.nsw.gov.au/grants/pop.htm http://www.environment.nsw.gov.au/grants/pop.htm

NSW Department of Primary Industries, Agriculture

http://www.dpi.nsw.gov.au/rwn/funding http://www.dpi.nsw.gov.au/rwn/funding

http://www.dpi.nsw.gov.au/rwn/funding

12. REFERENCES

Office of Environment and Heritage, Guidelines for developing management plans for declared Aboriginal Places

www.environment.nsw.gov.au/resources/cultureheritage/120137abplacesgdlns.pdfhttp://www.environment.nsw.gov.au/resources/cultureheritage/120137abplacesgdlns.pdf

Department of Environment Climate Change and Water, Due Diligence Code of Practice for the Protection of Aboriginal Objects in New South Wales

http://www.environment.nsw.gov.au/resources/cultureheritage/ddcop/10798ddcop.pdfhttp://www.environment.nsw.gov.au/resources/cultureheritage/ddcop/10798ddcop.pdf

Office of Environment and Heritage, Aboriginal Places Policy http://www.environment.nsw.gov.au/resources/conservation/110608Abplacespolicy.pdfhttp://www.environment.nsw.gov.au/resources/conservation/110608Abplacespolicy.pdf

http://www.environment.nsw.gov.au/resources/conservation/110608Abplacespolicy.pdf

13. FURTHER INFORMATION

Declaration of Aboriginal Places: http://www.environment.nsw.gov.au/conservation/AboriginalPlacesNSW.htmhttp://www.environment.nsw.gov.au/conservation/AboriginalPlacesNSW.htm

Aboriginal Heritage Impact Permits: http://www.environment.nsw.gov.au/licences/ahipforms.htmhttp://www.environment.nsw.gov.au/licences/ahipforms.htm

http://www.environment.nsw.gov.au/licences/ahipforms.htm

Schedule A

PLAN OF MANAGEMENT ENDORSEMENT

OAK HILL ABORIGINAL RESERVE & YASS ABORIGINAL CEMETERY ABORIGINAL PLACE

I have reviewed the proposed Plan of Management for Oak Hill Aboriginal Reserve & Yass Aboriginal Cemetery Aboriginal Place and fully understand that this Plan of Management will guide all interested parties in the future management of the Oak Hill Aboriginal Reserve & Yass Aboriginal Cemetery Aboriginal Place.

I understand the individual role of each stakeholder within the Plan of Management and I fully support the implementation of this plan of management for Oak Hill Aboriginal Reserve & Yass Aboriginal Cemetery Aboriginal Place, subject to available funding, including grant funds.

I endorse the Plan of Management and hereby give approval to proceed with the implementation of the Plan of Management for Oak Hill Aboriginal Reserve & Yass Aboriginal Cemetery Aboriginal Place.

Date:

…………………………………………………………….

General Manager

Yass Valley Council

Date:

…………………………………………………………….

Chief Executive Officer

Onerwal Aboriginal Land Council

[1] State Heritage Criteria D: An item has strong or special association with a particular community or cultural group in NSW for social, cultural or spiritual reasons.

[2] State Heritage Criteria A: An item is important in the course, or pattern, of NSW cultural or natural history.

S&P Rating (or equivalent)	Exposure	Maximum % Invested per Policy
A1+/AAA	Nil	100%
A1/AA	70.37%	100%
A2/A	Nil	60%
A3/BBB	6.87%	30%
N/A	22.76%	Note 1

Institution	S&P Rating (or equiv)	Exposure	Max Exposure per Policy
NAB	A1/AA	31.91%	50%
IMB	A3	6.87%	30%
CBA	A1/AA	32.72%	50%
WBC	A1/AA	5.74%	50%
TCorp	N/A	22.76%	Note 1 above