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2021-01-18 General Committee Meeting Minutes
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MINUTES
General Committee
Meeting
Monday, 18 January 2021
10am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Frank Wilkie (Chair), Karen Finzel, Joe Jurisevic, Amelia
Lorentson, Clare Stewart, Brian Stockwell, Tom Wegener
“Noosa Shire – different by nature”
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Section 2
GENERAL COMMITTEE MEETING MINUTES 18 JANUARY 2021
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Frank Wilkie (Chair)
Cr Karen Finzel
Cr Joe Jurisevic
Cr Amelia Lorentson
Cr Clare Stewart
Cr Brian Stockwell
Cr Tom Wegener
EXECUTIVE
B de Chastel, Chief Executive Officer
A Dow, Acting Director Environment and Sustainable Development (for reports 1-6 and 11)
M Shave, Director Corporate Services (for report 9)
B O’Connor, Acting Director Infrastructure Services (for report 7)
K Contini, Director Community Services (for report 8)
The meeting commenced at 10.00am.
2 CONFIRMATION OF MINUTES
Committee Resolution
Moved: Cr Stewart
Seconded: Cr Finzel
The Minutes of the General Committee Meeting held on 17 December 2020 be received and
confirmed.
Carried unanimously.
3 PRESENTATIONS
Nil.
4 DEPUTATIONS
Nil.
5 ITEMS REFERRED FROM COMMITTEES
Nil
Page 2 of 26
Section 3
GENERAL COMMITTEE MEETING MINUTES 18 JANUARY 2021
6 REPORTS DIRECT TO GENERAL COMMITTEE
1
DOCUMENT INFORM AT ION
NOOSA BIOSPHERE RESERVE FOUNDATION 2019 20 ANNUAL REPORT
The following material was presented to the meeting in relation to this item:
Rex Halverson, Chair, NBRF – NBRF Community Engagement Video
https://youtu.be/J3GaaMeCjpA
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Lorentson
That Council note the report by the Environmental Services Manager to the General
Committee Meeting dated 18 January 2021 and note the 2019/20 Annual Report and audited
Financial Statement received from the Noosa Biosphere Reserve Foundation as provided at
Attachments 1 and 2.
Carried unanimously.
2 NOOSA RIVER PLAN CONSULTATION & NOOSA RIVER STAKEHOLDER ADVISORY
GROUP
The following material was presented to the meeting in relation to this item:
Cr Brian Stockwell – Cr Stockwell’s version of the Draft Terms of Reference – refer
Attachment 1
Motion
Moved: Cr Stewart
Seconded: Cr Jurisevic
That Council note the report by the Environment Services Manager and Environment Officer
(Rivers and Coast) to the General Committee Meeting dated 18 January 2021 and:
A. Note the consultation reports for the two periods of public consultation on the Noosa
River Plan, from 20 July to 26 August 2018 and 02 December to 10 January 2020;
B. Note the Draft Terms of Reference for the joint Noosa Shire Council and Maritime
Safety Queensland Noosa River Stakeholder Advisory Committee and further note
the Draft Terms of Reference will be reviewed by the Noosa River Stakeholder
Advisory Committee at its first meeting;
C. Authorise the Chief Executive Officer to make minor amendments to the Terms of
Reference for the Noosa River Stakeholder Advisory Committee in consultation with
Maritime Safety Queensland following any feedback from the Noosa River
Stakeholder Advisory Committee.
D. Authorise the Chief Executive Officer to appoint a Noosa Council Chair of the Noosa
River Stakeholder Advisory Committee. Request the CEO to report back to Council
in March 2021 on the proposed membership of the Noosa River Stakeholder Advisory
Committee and further, request Maritime Safety Queensland to work with Council to
ensure that the first meeting of the committee occurs within one month of the
finalisation of the committee membership.
E. Authorise Councillor <insert name> to be an observer at meetings of the Noosa River
Stakeholder Advisory Committee.
F. Acknowledge and welcome the permanent presence of Maritime Safety Queensland
in Noosa and resolve that, while MSQ maintains an active presence, Noosa Shire
Council no longer seeks to take over management of anchoring, mooring and living
on board on the Noosa River.
Page 3 of 26
Section 4
GENERAL COMMITTEE MEETING MINUTES 18 JANUARY 2021
Amendment No. 1
Moved: Cr Lorentson
Seconded: Cr Wilkie
That Item B be amended to read
B. Note the Draft Terms of Reference for the joint Noosa Shire Council and Maritime
Safety Queensland Noosa River Stakeholder Advisory Committee and
1 Request Maritime Safety Queensland to agree to amending the Draft Terms of
Reference to have the committee chaired by an independent chairperson; and
2 Further note that the Draft Terms of Reference will be reviewed by the Noosa
River Stakeholder Advisory Committee at its first meeting;
For: Crs Lorentson and Wilkie
Against: Crs Jurisevic, Finzel, Stewart, Stockwell and Wegener
Lost.
Amendment No. 2
Moved: Cr Wilkie
Seconded: Cr Wegener
That Item E be amended to read:
E. Authorise Councillor <insert name> Stockwell to be an observer at meetings of the
Noosa River Stakeholder Advisory Committee.
Lost unanimously.
Procedural Motion
Moved: Cr Stockwell
Seconded: Cr Wilkie
That Council note the report by the Environment Services Manager and Environment Officer
(Rivers and Coast) to the General Committee Meeting dated 18 January 2021 and defer
consideration of the matter to the Ordinary Meeting dated 21 January 2021 to enable
Councillors to have further consideration of the Draft Terms of Reference.
For: Crs Stockwell, Wilkie, Jurisevic, Lorentson and Wegener
Against: Crs Finzel, Stewart
Carried.
3 DRAFT COASTAL HAZARDS ADAPTATION PLAN (CHAP) FOR COMMUNITY
CONSULTATION
In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following
declaration to the meeting of a prescribed conflict of interest in this matter:
I, Cr Lorentson, inform the meeting that I have a prescribed conflict of interest in this matter as my
brother, Gabriel Cerasani, owns a property at Beaches Estate, Sunrise Beach which is one of the
properties identified as `at risk' under the CHAP. As a result of my conflict of interest, I will now leave
the meeting room while the matter is considered and voted on.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following
declaration to the meeting of a prescribed conflict of interest in this matter:
I, Cr Stockwell, inform the meeting that I have a prescribed conflict of interest in this matter as I am
the owner of Lot 45 Noosa Lakes resort at 3 Hilton Terrace, Tewantin. The draft Coastal Hazards
Adaptation Plan identifies that, "riverine areas including Noosaville and Tewantin will be most affected
by periodic storm tide inundation and permanent sea level rise." p.7 and further the property is mapped
Page 4 of 26
Section 5
GENERAL COMMITTEE MEETING MINUTES 18 JANUARY 2021
in Figure 5 which relates to the potential inundation resulting from sea levels rise. In particular the plan
suggests, "low lying areas will be exposed to more frequent inundation under everyday conditions and
also with storm tides" p.15. At best this means that access to the property will be more frequently
inundated and actions and investigations are envisaged to adapt to this increased risk from climate
change. As such I stand to benefit more from the recommendations in the draft plan than the majority
of residents in the Shire. As a result of my conflict of interest, I will now leave the meeting room while
the matter is considered and voted on.
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Finzel
That Council note the report by the Principal Strategic Planner and Program Coordinator
Climate Change Adaptation to the General Committee Meeting dated 18 January 2021 and
A. Approve the draft Coastal Hazards Adaptation Plan and supporting information for the
purpose of community consultation, as provided in Attachments 1 - 4;
B. Approve the Community Engagement and Communications Plan, as provided in
Attachment 5; and
C. Note that updates have been made to the coastal hazard mapping of erosion for
beachfront areas between Peregian Beach and Sunshine Beach and that this updated
mapping has been made available to the public through Council’s online mapping via
Council’s website.
Carried unanimously.
Crs Lorentson and Stockwell returned to the meeting.
4 MCU20/0097 APPLICATION FOR A DEVELOPMENT PERMIT FOR MATERIAL CHANGE
OF USE FOR SHORT TERM ACCOMMODATION AT 1/27 HILL STREET, SUNSHINE
BEACH
Motion
Moved: Cr Stockwell
Seconded: Cr Stewart
That Council note the report by the Coordinator Planning to the General Committee Meeting
dated 18 January 2021 regarding Application No. MCU20/0097 for a Development Permit for
Material Change of Use - Short-term accommodation situated at 1/27 Hill St, Sunshine Beach
and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied
with prior to the use commencing, and then compliance maintained at all times
while the use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed in the
following table unless otherwise amended by these conditions.
Page 5 of 26
Section 6
GENERAL COMMITTEE MEETING MINUTES 18 JANUARY 2021
Plan No. Rev. Plan/Document Name Date
18-076 - 04 4 Proposed Ground Floor Plan prepared by ICON 03.05.2019
Building Design as annotated by Council
18-076 - 05 4 Proposed First Floor Plan prepared by ICON 03.05.2019
Building Design as annotated by Council
18-076 - 06 4 Elevations prepared by ICON Building Design 03.05.2019
as annotated by Council
18-076 - 07 4 Elevations prepared by ICON Building Design 03.05.2019
as annotated by Council
Currency
3. This development approval lapses if the use has not happened by 21 January
2027, unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
4. The total number of bedrooms on the site must not exceed 2.
5. No more than 4 guests may occupy the premises at any time.
6. All outdoor areas, including balconies, decks, pool and the like, must not be used
after 9pm each night.
7. The premises must not be used as a party house, with no events, functions or
parties (e.g. bucks parties, hen’s parties, raves, or wedding receptions for
example) permitted on site.
Amenity
8. The operation of the approved use must not detrimentally affect the residential
amenity (including but not limited to noise, overlooking, light spill or odour)
enjoyed by surrounding residents or cause a nuisance, including a noise
nuisance.
Car Parking
9. Existing car parking on site, as detailed on the approved plans, must be
maintained and kept available for users of the short term accommodation.
10. All car parking areas and access driveways must be maintained exclusively for
vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Waste Management
11. Waste storage and disposal facilities must be provided in accordance with
Planning Scheme Policy 9, Waste Management, including an external
imperviously paved area correctly sized for all refuse and recycling containers
and suitably screened from public places and neighbouring properties.
12. Waste containers must:
a. At all times be regularly cleaned and maintained in a clean, tidy, sanitary
and hygienic condition.
b. Be placed on the kerb side frontage of the premises, for the collection of
general waste from the container; and
c. Not be placed on the kerb side frontage for longer than 24 hours before or
after the scheduled collection day for the collection of waste in the
container.
Page 6 of 26
Section 7
GENERAL COMMITTEE MEETING MINUTES 18 JANUARY 2021
Contact Person
13. Prior to the commencement of the use written confirmation must be provided to
Council confirming:
a. the name and telephone number of the contact person (which may include
the name and contact details of an individual, letting agency, property
manager, security firm or the like) for the purposes of the operation of the
short stay letting at the premises; and
b. that the contact person is available 24 hours a day, 7 days a week; and
c. that the contact person resides within 20 minutes travel time (by vehicle) of
the premises; and
d. that the contact person is to be responsible for the supervision and
management of the premises, including addressing complaints about the
use of the premises for short stay letting and visitor queries.
14. A sign must prominently and permanently display in letters and numbers not less
than 50mm in height, a current up to date written notice detailing the contact
person’s phone number, and a statement that the contact person is responsible
for the supervision and maintenance of the premises. The sign must not exceed
0.2m2, be displayed at the front of the premises and be visible to members of the
public at all times.
Code of Conduct
15. A code of conduct must be developed and provided to all users and occupants
of the short term accommodation, including any website or social media used to
promote the use of the premises for short term accommodation.
16. The code of conduct must advise all users of the premises:
a. That the use of the premises must not:
i. detrimentally affect the residential amenity (including but not limited
to noise, overlooking, light spill or odour) enjoyed by residents in the
vicinity of the premises; or
ii. cause a nuisance (including a noise nuisance);
iii. display unacceptable behavior including:
a. loud aggressive behaviour;
b. yelling, screaming, arguing; or
c. excessively loud cheering, clapping and singing.
iv. create a level of noise above the acceptable levels described by
Queensland Government legislation for environmental protection
(noise).
b. That a user of the premises must not sleep or camp on the premises in a
tent, caravan, campervan or similar facility.
c. That each vehicle used by an user of the premises must:
i. be stored in a manner that does not cause a nuisance or
inconvenience to adjoining premises; and
ii. be parked within the parking facilities at the premises where
provided.
d. That each user of the premises must store general waste (including the
separation of recyclable waste) produced as a result of the ordinary use or
occupation of the premises in a waste container.
Page 7 of 26
Section 8
GENERAL COMMITTEE MEETING MINUTES 18 JANUARY 2021
e. That each user of the premises must ensure that the premises, including
the grounds of the premises, are kept in a safe and tidy condition.
f. That pets occupying the premises must be managed and not cause a
nuisance (including a noise nuisance).
g. The nature and extent of the approved use as detailed in conditions
numbers 4 to 7 of this development approval.
17. The Code of Conduct must be displayed in a prominent location at the premises
so that it can be viewed by guests.
Complaints Management
18. The contact person must maintain a record of all complaints received, identifying
how each complaint has been resolved or addressed within a reasonable time.
19. The contact person must respond to all complaints within 30 minutes of
notification of a complaint.
20. The contact person, must keep and maintain a register of the use of the premises
for short stay letting or home hosted accommodation, and record in the register,
each of the following:
a. on each occasion on which the premises are used, or occupied, for short
stay letting or home hosted accommodation on a commercial basis:
i. the number of adults who are users of the premises; and
ii. the number of minors, an individual who is under 18, who are users
of the premises.
b. the dates when each person’s use, or occupation, of the premises for short
stay letting or home hosted accommodation began and ended.
21. The contact person, must make available, for inspection by Council, within 5
business days of receipt of a written request given at any time, each of:
i. the written record of complaints referred to in condition 18; and
ii. the register referred to in condition 20
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Amendment No. 1
Moved: Cr Lorentson
Seconded: Cr Wilkie
That Condition 6 be changed to read:
6. All outdoor areas, including balconies, decks, pool and the like, must not be used after
910pm each night.
And include Item C as follows:
C. Include the following advisory note on the Decision Notice:
1. It is the responsibility of the owner and the identified contact person to operate
the short term accommodation in compliance with the development approval
conditions at all times. Should the development approval conditions not be met
Council may issue an Infringement and/or take action under the Planning Act
2016 to enforce compliance.
For: Crs Lorentson, Stewart, Wegener and Finzel
Against: Crs Jurisevic, Wilkie and Stockwell
Carried.
Page 8 of 26
Section 9
GENERAL COMMITTEE MEETING MINUTES 18 JANUARY 2021
Amendment No. 2
Moved: Cr Jurisevic
Seconded: Cr Wegener
That Condition 6 be deleted.
Lost unanimously.
Amendment No. 3
Moved: Cr Lorentson
Seconded: Cr Wegener
That Condition 6 be changed to read:
6. All outdoor areas, including balconies, decks, pool and the like, must not be used after
10pm each night except that in relation to the pool, it must not be used after 9pm each
night.
Carried unanimously.
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Stewart
That Council note the report by the Coordinator Planning to the General Committee Meeting
dated 18 January 2021 regarding Application No. MCU20/0097 for a Development Permit for
Material Change of Use - Short-term accommodation situated at 1/27 Hill St, Sunshine Beach
and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied
with prior to the use commencing, and then compliance maintained at all times
while the use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed in the
following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
18-076 - 04 4 Proposed Ground Floor Plan prepared by ICON 03.05.2019
Building Design as annotated by Council
18-076 - 05 4 Proposed First Floor Plan prepared by ICON 03.05.2019
Building Design as annotated by Council
18-076 - 06 4 Elevations prepared by ICON Building Design 03.05.2019
as annotated by Council
18-076 - 07 4 Elevations prepared by ICON Building Design 03.05.2019
as annotated by Council
Currency
3. This development approval lapses if the use has not happened by 21 January
2027, unless an application to extend the currency period is approved by Council.
Page 9 of 26
Section 10
GENERAL COMMITTEE MEETING MINUTES 18 JANUARY 2021
Nature and Extent of Approved Use
4. The total number of bedrooms on the site must not exceed 2.
5. No more than 4 guests may occupy the premises at any time.
6. All outdoor areas, including balconies, decks, pool and the like, must not be used
after 10pm each night except that in relation to the pool, it must not be used after
9pm each night.
7. The premises must not be used as a party house, with no events, functions or
parties (e.g. bucks parties, hen’s parties, raves, or wedding receptions for
example) permitted on site.
Amenity
8. The operation of the approved use must not detrimentally affect the residential
amenity (including but not limited to noise, overlooking, light spill or odour)
enjoyed by surrounding residents or cause a nuisance, including a noise
nuisance.
Car Parking
9. Existing car parking on site, as detailed on the approved plans, must be
maintained and kept available for users of the short term accommodation.
10. All car parking areas and access driveways must be maintained exclusively for
vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Waste Management
11. Waste storage and disposal facilities must be provided in accordance with
Planning Scheme Policy 9, Waste Management, including an external
imperviously paved area correctly sized for all refuse and recycling containers
and suitably screened from public places and neighbouring properties.
12. Waste containers must:
a. At all times be regularly cleaned and maintained in a clean, tidy, sanitary
and hygienic condition.
b. Be placed on the kerb side frontage of the premises, for the collection of
general waste from the container; and
c. Not be placed on the kerb side frontage for longer than 24 hours before or
after the scheduled collection day for the collection of waste in the
container.
Contact Person
13. Prior to the commencement of the use written confirmation must be provided to
Council confirming:
a. the name and telephone number of the contact person (which may include
the name and contact details of an individual, letting agency, property
manager, security firm or the like) for the purposes of the operation of the
short stay letting at the premises; and
b. that the contact person is available 24 hours a day, 7 days a week; and
c. that the contact person resides within 20 minutes travel time (by vehicle) of
the premises; and
d. that the contact person is to be responsible for the supervision and
management of the premises, including addressing complaints about the
use of the premises for short stay letting and visitor queries.
Page 10 of 26
Section 11
GENERAL COMMITTEE MEETING MINUTES 18 JANUARY 2021
14. A sign must prominently and permanently display in letters and numbers not less
than 50mm in height, a current up to date written notice detailing the contact
person’s phone number, and a statement that the contact person is responsible
for the supervision and maintenance of the premises. The sign must not exceed
0.2m2, be displayed at the front of the premises and be visible to members of the
public at all times.
Code of Conduct
15. A code of conduct must be developed and provided to all users and occupants
of the short term accommodation, including any website or social media used to
promote the use of the premises for short term accommodation.
16. The code of conduct must advise all users of the premises:
a. That the use of the premises must not:
i. detrimentally affect the residential amenity (including but not limited
to noise, overlooking, light spill or odour) enjoyed by residents in the
vicinity of the premises; or
ii. cause a nuisance (including a noise nuisance);
iii. display unacceptable behavior including:
a. loud aggressive behaviour;
b. yelling, screaming, arguing; or
c. excessively loud cheering, clapping and singing.
iv. create a level of noise above the acceptable levels described by
Queensland Government legislation for environmental protection
(noise).
b. That a user of the premises must not sleep or camp on the premises in a
tent, caravan, campervan or similar facility.
c. That each vehicle used by an user of the premises must:
i. be stored in a manner that does not cause a nuisance or
inconvenience to adjoining premises; and
ii. be parked within the parking facilities at the premises where
provided.
d. That each user of the premises must store general waste (including the
separation of recyclable waste) produced as a result of the ordinary use or
occupation of the premises in a waste container.
e. That each user of the premises must ensure that the premises, including
the grounds of the premises, are kept in a safe and tidy condition.
f. That pets occupying the premises must be managed and not cause a
nuisance (including a noise nuisance).
g. The nature and extent of the approved use as detailed in conditions
numbers 4 to 7 of this development approval.
17. The Code of Conduct must be displayed in a prominent location at the premises
so that it can be viewed by guests.
Complaints Management
18. The contact person must maintain a record of all complaints received, identifying
how each complaint has been resolved or addressed within a reasonable time.
Page 11 of 26
Section 12
GENERAL COMMITTEE MEETING MINUTES 18 JANUARY 2021
19. The contact person must respond to all complaints within 30 minutes of
notification of a complaint.
20. The contact person, must keep and maintain a register of the use of the premises
for short stay letting or home hosted accommodation, and record in the register,
each of the following:
a. on each occasion on which the premises are used, or occupied, for short
stay letting or home hosted accommodation on a commercial basis:
i. the number of adults who are users of the premises; and
ii. the number of minors, an individual who is under 18, who are users
of the premises.
b. the dates when each person’s use, or occupation, of the premises for short
stay letting or home hosted accommodation began and ended.
21. The contact person, must make available, for inspection by Council, within 5
business days of receipt of a written request given at any time, each of:
i. the written record of complaints referred to in condition 18; and
ii. the register referred to in condition 20
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
C. Include the following advisory note on the Decision Notice:
1. It is the responsibility of the owner and the identified contact person to operate
the short term accommodation in compliance with the development approval
conditions at all times. Should the development approval conditions not be met
Council may issue an Infringement and/or take action under the Planning Act
2016 to enforce compliance.
For: Crs Stewart, Stockwell, Jurisevic, Lorentson, Wilkie and Finzel
Against: Crs Wegener
Carried.
5 MCU20/0111 DEVELOPMENT APPLICATION FOR EXTENSION TO FOOD & DRINK
OUTLET & SHOP AT 2 PARKYN CT, TEWANTIN
Committee Recommendation
Moved: Cr Stewart
Seconded: Cr Finzel
That Council note the report by the Manager Development Assessment to the General
Committee Meeting dated 18 January 2021 regarding Application No. MCU20/0111 for a
Development Permit for Material Change of Use – Extension to Food & Drink Outlet and
Shop situated at 2 Parkyn Ct Tewantin and:
A. Approve the application in accordance with the following conditions:
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied
with prior to the use commencing, and then compliance maintained at all times
while the use continues.
Page 12 of 26
Section 13
GENERAL COMMITTEE MEETING MINUTES 18 JANUARY 2021
Approved Plans
2. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed in the
following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
2260-A01 B Existing and Proposed Site Layouts 3/06/20
2260-A02 B Floor & Roof Demolition Layouts 3/06/20
2260-A03 B Proposed Floor & Roof Layouts 3/06/20
2260-A04 B Elevations 3/06/20
2260-A05 B Sections A-A & B-B 3/06/20
2260-A01 B Existing and Proposed Site Layouts 3/06/20
2260-A01 A Existing and Proposed Site Layouts 29/10/20
2260-A02 A Demolition Plan & Proposed Roof Plan 29/10/20
2260-A03 A Sections A-A & Roof Detail 29/10/20
3. The existing car parking spaces must be maintained on site and made available
and accessible at all times.
4. All landscaping works must be maintained in accordance with an approved
design for the life of the development, and in a manner that ensures, healthy,
sustained and vigorous plant growth. All plant material must be allowed to grow
to full form and be refurbished its life expectancy is reached.
Currency Period
5. This development approval lapses if the use has not happened by 21 January
2027, unless an application to extend the currency period is approved by Council.
B. Find the following matters relevant to the assessment and sufficient reason to approve
the application:
1. The proposal will not result in any increase in scale and intensity of commercial
operations on the Noosa River.
2. The proposal remains consistent with the intent for the site to operate as a marina
with ancillary type business uses and food and drink outlets.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried unanimously.
6 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY
Committee Recommendation
Moved: Cr Lorentson
Seconded: Cr Finzel
That Council note the report by the Development Assessment Manger to the General
Committee Meeting dated 18 January 2021 regarding planning applications that have been
decided by delegated authority.
Carried unanimously.
Page 13 of 26
Section 14
GENERAL COMMITTEE MEETING MINUTES 18 JANUARY 2021
7 PATHWAYS AND BOARDWALKS ASSET MANAGEMENT PLAN
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Stewart
That Council note the report by the Acting Director Infrastructure Services to the General
Committee Meeting dated 18 January 2021 and approve the Pathways and Boardwalks
Asset Management Plan (provided as Attachment 1 to the report) as a document that
specifies the activities, resources and asset classes to achieve Noosa Council’s asset
management objectives.
Carried unanimously.
8 REGIONAL ARTS DEVELOPMENT FUND (RADF) - GRANT RECOMMENDATIONS 2020-
21
In accordance with Chapter 5B of the Local Government Act 2009, Cr Wilkie provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Wilkie inform the meeting that I have a declarable conflict of interest in this matter as grant
applicant Tania Nash is a personal friend. As a result of my conflict of interest I will now leave the
meeting room while the matter is considered and voted on.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Jurisevic provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Jurisevic inform the meeting that I have a declarable conflict of interest in this matter as I have
performed as an amateur in theatre productions in the region produced by Jally Productions who are
a grant applicant. Although I have a declarable conflict of interest, I do not believe a reasonable person
could have a perception of bias because I believe I do not stand to receive a personal benefit or loss
in relation to this matter. Therefore, I will choose to remain in the meeting room. However, I will respect
the decision of the meeting on whether I can remain and participate in the decision.
Committee Resolution
Moved: Cr Stockwell
Seconded: Cr Stewart
That Cr Finzel be appointed as Chairperson of the meeting for the purpose of considering the conflict
of interest declaration.
Carried unanimously.
(Cr Jurisevic did not vote on the above motion)
Committee Resolution
Moved: Cr Stockwell
Seconded: Cr Stewart
That Council note the declarable conflict of interest by Cr Jurisevic and determine that it is in the public
interest that Cr Jurisevic participates and votes on this matter because Council believes that he does
not stand to receive a personal benefit or loss in relation to this matter and therefore a reasonable
person would trust that the final decision is made in the public interest.
Carried unanimously.
(Cr Jurisevic did not vote on the above motion)
Committee Recommendation
Moved: Cr Stewart
Seconded: Cr Wegener
That Council note the report by the Community Development Manager to the General
Committee Meeting dated 18 January 2021 and approve the Regional Arts Development
Fund recommendations for 2020/21 as outlined in Attachment 1 to the report.
Carried unanimously.
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Section 15
GENERAL COMMITTEE MEETING MINUTES 18 JANUARY 2021
Cr Wilkie returned to the meeting and assumed the chair.
9 FINANCIAL PERFORMANCE REPORT - DECEMBER 2020
Committee Recommendation
Moved: Cr Finzel
Seconded: Cr Lorentson
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 18 January 2021 outlining December 2020 year to date financial performance
against budget, including performance against key financial sustainability indicators.
Carried unanimously.
10 APPOINTMENT OF EXTERNAL MEMBER TO COUNCILS AUDIT AND RISK
COMMITTEE
Committee Recommendation
Moved: Cr Lorentson
Seconded: Cr Jurisevic
That Council note the report by the Chief Executive Officer to the General Committee Meeting
dated 18 January 2021 in relation to the vacancy for an external member on Council’s Audit
and Risk Committee and:
A. Thank Scott Williams for his outstanding contribution to the Audit and Risk Committee
in his capacity as the Chairperson of that committee for the past 6 ½ years;
B. Appoint Tim Cronin as the external Chairperson of the Audit and Risk Committee for a
term of 3 years; and
C. Appoint Kerry Phillips as an external member of the Audit and Risk Committee for a
term of 2 years.
Carried unanimously.
7 CLOSED SESSION
CLOSURE OF THE MEETING TO THE PUBLIC
Committee Resolution
Moved: Cr Jurisevic
Seconded: Cr Wegener
That the meeting be closed to the public pursuant to section 254J(3)(g) of the Local
Government Regulation 2012 for the purpose of discussing a commercial matter involving
the Council including negotiations regarding a contract proposed to be made by it in relation
to Item 11 – Environment Levy Proposed Land Purchase.
Carried unanimously.
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Section 16
GENERAL COMMITTEE MEETING MINUTES 18 JANUARY 2021
RE-OPENING OF THE MEETING TO THE PUBLIC
Committee Resolution
Moved: Cr Jurisevic
Seconded: Cr Stockwell
That the meeting be re-opened to the public.
Carried unanimously.
11 ENVIRONMENT LEVY PROPOSED
LAND PURCHASE
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That Council note the report by the Principal Environment Officer to the General Committee
Meeting dated 18 January 2021 and:
A. Authorise the CEO to enter into a contract of sale with the owner of the two lots detailed
in the report for a price not exceeding the amount set out in the valuation report with
the funding for that purchase to be funded from the Environment Levy; and
B. Remove the confidentiality in relation to this report upon the signing of a contract to
purchase.
Carried unanimously.
The meeting closed at 3.00pm.
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Section 17
GENERAL COMMITTEE MEETING MINUTES 18 JANUARY 2021
Attachment 1 – Cr Stockwell’s version of the Draft Terms of Reference
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Section 18
GENERAL COMMITTEE MEETING MINUTES 18 JANUARY 2021
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GENERAL COMMITTEE MEETING MINUTES 18 JANUARY 2021
Introduction
The Noosa River is 2 valuable natural, social and economic asset to the people of the Noosa region
and visitors alike. It is arguably south-east Queensland's only substantially natural major river system
due to the considerable areas of remnant vegetation retained within the catchment, and it
consistently achieves the highest ratings in South-East Queensland in Healthy Land & Water's
Ecosystem Health Monitoring Program. The Noosa community have a deep understanding of the
Noosa River and its catchment, shaped by decades of experience, and a shared interest in addressing
and alleviating the pressures facing this highly-valued ecosystem, to ensure the intrinsic values of
the Noosa River and its catchment remain.
The Noosa River is a complex waterway and management of this dynamic system involves multiple
agencies across all three tiers of government (Local, State and Commonwealth) in managing
different locations, impacts and activities on the river. With that understanding, the local Noosa
Shire Council (NSC), and the State regulatory agency for coastal waters of Queensland, Maritime
Safety Queensland (MSQ), have committed as co-chairs to a Noosa River Stakeholder Advisory
Committee (NRSAC) with an aim to engage with local stakeholders and communities as an essential
component in the management of the Noosa River and its catchment.
Purpose
The purpose of the Noosa River Stakeholder Advisory Committee (NRSAC) is to engage key
community stakeholders with demonstrated local knowledge and expertise, to provide strategic
input, objective advice and recommendations regarding the sustainable use, conservation and
management of the Noosa River and its catchment. This advice is to inform the decisions and
priorities of both Noosa Council and the Queensland Government
NRSAC is not a decision-making body. Advice and recommendations provided by NRSAC made to
relevant management agencies are therefore non-binding.
Objectives
The objectives of the Noosa River Stakeholder Advisory Committee:
© To facilitate an equitable forum to discuss matters relevant to the management of the Noosa
River that considers the ecological, social and economically sustainable use of the river and
its catchment.
* Toprioritise key issues in the Noosa River and catchment and recommend potential
solutions to address them.
® To provide timely and considered advice on the sustainable use, management, and
conservation of the Noosa River System. -
® Toestablish<lear lines of communication between management agencies and river user
groups, and both understand the basis and breadth of each other's views.
® The local Kabi Kabi (Gubbi Gubbi) are effectively engaged and bring a First Nations
perspective to ongoing management of the Noosa River and its catchment.
2
Page 18 of 26Section 19
GENERAL COMMITTEE MEETING MINUTES 18 JANUARY 2021
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GENERAL COMMITTEE MEETING MINUTES 18 JANUARY 2021
Geographic Extent
The NRSAC will focus on regional issues and represent Noosa Shire community and stakeholders
located throughout the Noosa River and its catchment as defined in Figure 1.
River Catchments InNoosaLGA |
Yowss Fiver e Bs
Toreet Bord ey
noe
' ae
? Maroochy River ly,
3
Page 19 of 26Section 20
GENERAL COMMITTEE MEETING MINUTES 18 JANUARY 2021
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GENERAL COMMITTEE MEETING MINUTES 18 JANUARY 2021
Mandate
Noosa Shire Council
Noosa Shire Council has responsibilities to plan and manage catchment-related issues that
potentially impact the Noosa River. This includes management of diffuse land-based sources of
contamination e.g. related to impact of poor land, wetiand, floodplain and riparian management as
well as degradation from inappropriate land use and vegetation management controls. . Council's
Environment and Sustainable Living Policy, and the Noosa Environment Strategy set out the
principles, goals, strategies, targets and outcomes sought to be achieved to enhance the health of
the River. The Noosa River Plan is currently in the final stages of a major review and proposes more
detailed objectives and priority actions to achieve the sustainable use and enjoyment of the river as
well as the maintenance of river health and biodiversity. The Noosa River Stakeholder Advisory
Committee will provide input into the finalisation of this review.
Maritime Safety Queensland
Maritime Safety Queensland will facilitate day-to-day waterways operations and management of the
Noosa River especially in maintaining a safe and healthy waterway by helping to educate the
recreational boaties and commercial operators on their safety and environmental pollution
obligations, as well as enforcement of these obligations under Transport Operations Marine Safety
Act 1994 and its regulation, the Transport Operations Marine Pollution Act 1995 and its regulation
and the Transport Operations (Waterways Management) Regulation) 2012, of which MSQ is the
regulatory agency. MSQ collaborates with a range of other agencies to manage the safe use of the
river including Queensland Water Police, Australian Maritime Safety Authority and the Boating and
Fisheries Patrol.
Department of Agriculture and Fisheries
The department administers the Fisheries Act 1994, which governs the use of Queensland's fisheries
resources and protection of fish habitats and sets out the department's responsibilities for the
ecologically sustainable development of our fisheries.
Department of Environment and Science
The department has a wide range of research, planning and compliance responsibilities across
various legislation that have influence on the use and management of the river including: Coastal
Protection and Management Act 1995, Environmental Protection Act 1994, Fisheries Act 1994 (as it
relates to fish habitat areas), Marine Parks Act 2004 and Nature Conservation Act 1992.
Department of Natural Resources, Mines and Energy
DNRME has numerous roles for planning, management and compliance in river related matters
including those under the Land Act (e.g. leases), Vegetation Management Act and Water Act.
Kabi Kabi (Gubbi Gubbi) First Nation Traditional Owners
The Noosa River Catchment was part of Kabi Kabi country and the traditional ownership of the land
and water provides certain rights and responsibilities under Native Title Act. The Native Title
applicants have a keen interest in better management of the Noosa River.
4
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GENERAL COMMITTEE MEETING MINUTES 18 JANUARY 2021
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GENERAL COMMITTEE MEETING MINUTES 18 JANUARY 2021
NOOSA COUNCII Noosa River Stakeholder Advisory Committee
Terms of Reference
Advi ( . 5 1G
The committee will consist of two working groups each focussed on one of the two major themes of the Noosa River Plan who will combine as needed for
Plenary Forums on matters of broader strategic significance. Roles and envisaged stakeholder sector participation are set out in the Figure below-
Role: Recommend Strategic Direction and Identification of Key
Priorities for the Noosa River Management Plan
Participation: Plenary Forum- members of both Working Groups (+ Member for Noosa)
ele Co-Chair Noosa Council (Mayor/CEO), Qid Government
Page 21 of 26Section 22
GENERAL COMMITTEE MEETING MINUTES 18 JANUARY 2021
Page 22 of 26
GENERAL COMMITTEE MEETING MINUTES 18 JANUARY 2021
E ; NOLO Eeelenieime oosa River Stakeholder Advisory Committee
Terms of Reference
Key Issues to be considered and prioritised by each Working Group
Mile
River Use
ateclide
Boating — Riparian and
Speed Limits Wetland
and Safety Habitats
Anchoring and Rural and
Mooring & Urban Runoff
. Sedimentation
iver
Loss
Commerce and
“Boon
, Blooms
on the River
a River Mouth
Meeting Chairs and Responsibilities
The plenary sessions of the Committee will be co-chaired by Noosa Council (Chief Executive or
Mayor).
Noosa Council will chair and lead discussion on matters related to the River Health and Biodiversity
theme within the Noosa River Plan including topics such as:
© Water quality monitoring, research and biodiversity conservation in the river system
© Riparian and wetiand habitat, including sedimentation, bank stability and erosion,
® Land-based contaminants entering the river through run off, such as pollution and sediment
© Stormwater management.
® Land use planning and development control.
Page 22 of 26Section 23
GENERAL COMMITTEE MEETING MINUTES 18 JANUARY 2021
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GENERAL COMMITTEE MEETING MINUTES 18 JANUARY 2021
Maritime Safety Queensland will chair and lead discussion on issues related to the Noosa River
management within the coastal waters of Queensland:
® Recreational boating users of the river
© Boating safety related matters of the river
® Ship-sourced marine pollution
© Day-to-day management of maritime activities on the river
® Boating Infrastructure.
For activities that are not within the remit of either agency, the Chairs will liaise with and invite,
where necessary, representatives of relevant management agencies, such as Queensland Water
Police, Department of Agriculture and Fisheries, Department of Natural Resources, Mines and
Energy, Department of Environment and Science, Australian Maritime Safety Authority to attend
meetings. Such issues may include (but not limited to):
* Commercial fishing
© Recreational fishing
* Commercial operations on the Noosa River.
Stakeholder Participation
The NRSAC aims to achieve diverse representation across the community and stakeholders by
providing for specific user group and interests to be represented (generally as outline in the figure
above). This will involve six members in each working group.
All NRSAC community members will need to demonstrate an ability to represent a specific interest
sector in the Noosa River and catchment. , Groups are able to endorse a nomination but selection
will be based on the attributes of the individual.
Selection
A public advertisement will call for Expressions of Interest from suitably qualified stakeholders
seeking to participate on the committee. Members will be shortlisted by the MSQ and NSC chairs
based upon:
© = Individual knowledge and experience in management issues associated with the Noosa River
and its catchment.
e =6Ability to represent community interests and communicate to as many members as possible
in their identified sector/s.
e Ademonstrated track record, and commitment to, upholding the values and principles of
sustainable river and catchment management and use.
The two chairs will review Expressions of Interest received and recommend appointment of up to
twelve (12) representatives to the NRSAC. This recommendation will be passed to the Noosa Shire
Council and MSQ General Manager for the final decision.
Term
The NRSAC will convene for two years initially, and members will be appointed for this term. At the
end of two years, the NRSAC membership will review the Terms of Reference to ensure it is meeting
its stated objective and amend as necessary.
Resignation
NRSAC members may resign at any time by writing to the co-chairs NSC/MSQ (a letter or an email is
acceptable).
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GENERAL COMMITTEE MEETING MINUTES 18 JANUARY 2021
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GENERAL COMMITTEE MEETING MINUTES 18 JANUARY 2021
Code of Conduct
The code of conduct outlines the standards of conduct expected from NRSAC participants.
The Code of Conduct requires that all NRSAC participants:
® behave honestly and with integrity during all NRSAC business
® act with care and diligence
© treat everyone respectfully and professionally, and without harassment
® comply with all applicable Australian laws for code of conduct
*® not provide false or misleading information in response to a request for information
® not make improper use of:
© NRSAC information
© NRSAC resources
© the NRSAC duties, status, power or authority, in order to gain, or seek to gain, a
benefit or advantage for the participant or for any other person.
NSC and MSQ co-chairs may terminate an individual’s membership of the NRSAC at any time if they
breach the "Code of Conduct’.
Conflict of Interest
It is expected that members of NRSAC will have specific interests in aspects of river management
and this will not preclude them from participating in discussions on key topics. However, a member
who has a direct or indirect financial and/or non-financial interest or a real, perceived or potential
conflict of interest in a matter that could be considered by that Committee, or with Maritime Safety
Queensland or Noosa Shire Counal, shall disclose that interest upon acceptance of membership.
AS a standing committee member, a conflict of interest may arise when a Committee Member is
influenced, or appears to be influenced, by personal interests. The perception of a conflict of interest
can be as damaging as an actual conflict because it may undermine public confidence in the integrity
of the Committee and its members.
® Members will avoid any conflict of interest and will not allow personal interest or the
interests of any particular person, group or association to conflict with their role as a
Committee Member.
e Adeclaration of a conflict of interest can occur before a meeting for a determination.
@ Where a conflict of interest arises at a meeting, a member shall declare such conflict.
@ Where a conflict of interest is declared at a meeting, the co-Chairs will decide whether the
member should withdraw from the meeting while the matter is discussed.
Proxies
An NRSAC member may appoint a proxy to represent them at a meeting in their absence. The NRSAC
member will appoint the proxy in writing or verbally for approval by the NRSAC co-chair prior to the
meeting. The proxy may vote on behalf of the NRSAC member they represent, however the proxy’s
vote counts as one vote only.
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GENERAL COMMITTEE MEETING MINUTES 18 JANUARY 2021
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GENERAL COMMITTEE MEETING MINUTES 18 JANUARY 2021
Role of Other Meeting Attendees
Elected Representatives
The Mayor, or her delegate, will participate in the Plenary Forum as co-Chair.
The Member for Noosa will be invited to participate in any Plenary Forums as an observer to allow
her to hear the advice and recommendations and to identify opportunities for advocacy to the state
government.
A Councillor will sit on each Working Group as an observer and is able to contribute viewpoints but
not vote.
Local and State Government Officers
The Chairs will liaise with and invite, where necessary, technical representatives of relevant
functional areas of Noosa Council and the State Government.
Observers
On occasion, external stakeholders may have an interest in an item on the agenda or a member may
wish to bring a guest to a meeting. Observers are welcome to attend meetings with the approval of
the Chair provided in writing prior to the meeting. The Chair should consider the content of the
meeting before granting (or possibly refusing) permission.
Noosa Shire Council Mayor or the Queensland Government Member for Noosa may forward items
to the co-chairs for discussion and/or attend meetings as an observer.
Presenters
The NRSAC may request 4 presentation at a meeting from an expert or an organisation to lear more
about a specific issue. Suggestions for presentations should come from, and be agreed by, members
of the NRSAC. The presenter should provide a copy of their presentation to be circulated with the
meeting minutes.
NRSAC Meetings
The NRSAC will meet 4-5 times per year, approximately every two months outside of the key
visitation period (November to January). This may include a mix of Plenary Forums (e-g. to finalise
Noosa River Plan) and Working Groups meetings. An annual calendar for the year will be prepared
and distributed to members prior to the end of the preceding calendar year.
Members will prioritise personal attendance at these meetings. If a member misses three
consecutive meetings, they will be deemed to have resigned during the term.
Additional meetings may be convened by the Chair to discuss a pressing matter. In recognition of the
potential inability for members to attend at short notice, no vote will be undertaken at one of these
meetings.
Meeting Agenda
The chairs from NSC and MSQ will send a meeting reminder and call for agenda items from NRSAC
members no later than two weeks prior to the meeting. A final agenda will be approved by the co-
chairs and will be circulated to NRSAC members at least one week prior to the meeting.
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GENERAL COMMITTEE MEETING MINUTES 18 JANUARY 2021
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GENERAL COMMITTEE MEETING MINUTES 18 JANUARY 2021
Voting
The extent to which voting and consensus is required prior to providing advice or recommendations
to Council or MSQ and the specific remit of each working group will be determined in an early
Plenary Forum of the Committee.
Endorsement of the draft minutes is often the only agenda item which is formally put to a vote in
NRSAC meetings. It is not expected that issues for discussion will be put to a vote, and instead the
group may indicate that its advice represents unanimous, majority or a range of different views.
Each member present is entitled to one vote however they may choose to abstain. A proxy may have
one vote, but a member who holds a proxy for another member may still exercise only one vote. The
Chairs, management partners, presenters and observers are not eligible to vote.
Reporting
All minutes from meetings of the NRSAC shall be made public on the Noosa Council and MSQ.
websites. Media releases may be published to provide intermittent updates on progress and key
milestones achieved.
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