Original source · versioned page text
Meeting minutes
MINUTES
General Committee
Meeting
Monday, 12 June 2023
12:30 PM
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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Page 2
GENERAL COMMITTEE MEETING MINUTES 12 JUNE 2023
1. ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Councillor Frank Wilkie (Chair)
Councillor Karen Finzel
Councillor Joe Jurisevic
Councillor Amelia Lorentson
Councillor Clare Stewart
Councillor Brian Stockwell
Councillor Tom Wegener
EXECUTIVE
Acting Chief Executive Officer Larry Sengstock
Director Corporate Services Trent Grauf
Director - Strategy and Environment &Sustainable Development Kim Rawlings
Acting Director Infrastructure Services Shaun Walsh
APOLOGIES
Nil
2. CONFIRMATION OF MINUTES
Committee Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Tom Wegener
The Minutes of the General Committee Meeting held on 15 May 2023 be received and
confirmed.
Carried Unanimously.
3. PRESENTATIONS
Nil
4. DEPUTATIONS
Nil
6.9. 2022 DELEGATIONS OF AUTHORITY ANNUAL REVIEW
Motion
Moved: Cr Joe Jurisevic
Seconded: Cr Karen Finzel
That Council note the report by the Governance Advisor to the General Committee
Meeting dated 12 June 2023 and adopt the Register of Delegations – Council to Chief
Executive Officer - Pursuant to section 257 of the Local Government Act 2009, to
Page 3
GENERAL COMMITTEE MEETING MINUTES 12 JUNE 2023
delegate the powers of the Local Government outlined in the Register of Delegations
provided at Attachment 1, to the Chief Executive Officer of Council.
Amendment
Moved: Cr Brian Stockwell
Seconded: Cr Frank Wilkie
That B be added to read;
B. Further, the CEO be requested to bring forward a further report which reviews
the current triggers for development matters precluded from delegation with a view
to providing staff with more specific, less subjective, criteria including the results of
a workshop which considers amongst other things precluding delegation decisions
in the following circumstances:
Where a matter relates to
1. the clearing of remnant 'of-concern' or 'endangered' vegetation from a
biodiversity or Vegetation Management Act perspective;
2. the disturbance of the habitat of a species listed under the Nature
Conservation or Environmental Protection and Biodiversity Acts;
3. an extension of an approval that was made under a Superseded Planning
Scheme and/or where there is a resolution of Council to amend the Planning
Scheme in a way that is relevant to the approval;
4. to the removal or substantial alteration to a structure or place of heritage
significance identified in Council's Planning Scheme or in an adopted study of
Council; and
5. a development where Council has a direct or indirect interest as a result of its
involvement in previous or proposed land dealings.
Carried Unanimously.
Committee Recommendation
Moved: Cr Joe Jurisevic
Seconded: Cr Karen Finzel
That Council note the report by the Governance Advisor to the General Committee
Meeting dated 12 June 2023 and
A. Adopt the Register of Delegations – Council to Chief Executive Officer -
Pursuant to section 257 of the Local Government Act 2009, to delegate the powers
of the Local Government outlined in the Register of Delegations provided
at Attachment 1, to the Chief Executive Officer of Council.
B. Further, the CEO be requested to bring forward a further report which reviews
the current triggers for development matters precluded from delegation with a view
to providing staff with more specific, less subjective, criteria including the results of
a workshop which considers amongst other things precluding delegation decisions
in the following circumstances:
Where a matter relates to
1. the clearing of remnant 'of-concern' or 'endangered' vegetation from a
biodiversity or Vegetation Management Act perspective;
Page 4
GENERAL COMMITTEE MEETING MINUTES 12 JUNE 2023
2. the disturbance of the habitat of a species listed under the Nature
Conservation or Environmental Protection and Biodiversity Acts;
3. an extension of an approval that was made under a Superseded Planning
Scheme and/or where there is a resolution of Council to amend the Planning
Scheme in a way that is relevant to the approval;
4. to the removal or substantial alteration to a structure or place of heritage
significance identified in Council's Planning Scheme or in an adopted study of
Council; and
5. a development where Council has a direct or indirect interest as a result of its
involvement in previous or proposed land dealings.
Carried Unanimously.
5. ITEMS REFERRED FROM COMMITTEES
5.1. TENDER CONSIDERATION PLAN - COMMUNITY BATTERY
(REFERRED FROM P&E 6 JUNE 2023)
Committee Recommendation
Moved: Cr Brian Stockwell
Seconded: Cr Karen Finzel
That Council note the report by the Carbon Reduction Project Officer for Tender
Consideration Plan - Community Battery to the Services and Organisation
Committee dated 6 June 2023 and:
A. Resolve to prepare a Tender Consideration Plan, substantially in accordance
with the draft plan in Attachment 1 for the procurement of the supply,
installation and operation of a Community Battery, under section 230 of the
Local Government Regulation 2012 and;
B. Delegate authority to the Chief Executive Officer to:
i. Prepare and adopt the Tender Consideration plan;
ii. Approve the negotiation and enter into contracts, within the Chief
Executive Officer’s financial delegation, in order to achieve the
objectives of the Tender Consideration Plan.
Carried Unanimously
5.2. ENVIRONMENT GRANTS - ENVIRONMENT PROJECT GRANTS (ROUND 18),
MULTI-YEAR ENVIRONMENT COLLABORATIVE (MEC) GRANTS (ROUND 2:
2023-2026) AND ENVIRONMENT ORGANISATION ALLIANCE GRANTS (2023-
2026)
(REFERRED FROM P&E 6 JUNE 2023)
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the
following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stewart, inform the meeting that I have a declarable conflict of interest in this matter as
Leigh McCready, a Director of Tourism Noosa 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.
Cr Stewart left the meeting room
In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel provided the
Page 5
GENERAL COMMITTEE MEETING MINUTES 12 JUNE 2023
following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Finzel, inform the meeting that I have a declarable conflict of interest in this matter as Leigh
McCready, a Director of Tourism Noosa, was involved with my 2020 election campaign with
Future Noosa as a volunteer, which is no longer an entity. As a result of my conflict of interest
I will now leave the meeting room while the matter is considered and voted on.
Cr Finzel left the meeting room.
Committee Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Tom Wegener
That Cr Jurisevic be appointed as Acting Chairperson of the meeting for this item for the
purpose of considering the conflict of interest declaration by Cr Wilkie.
Carried Unanimously.
Cr Stockwell and Wilkie did not vote.
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 would like to declare a declarable conflict of interest for
Item 5.2 Environmental Grants for the Noosa Environmental Education Hub grant. In early 2020,
I received an electoral donation of $750 from Susan Francis. Susan Francis is the partner of
Barry Cotterell. Barry Cotterell is the president of the Peregian Beach Community Association
(PBCA). The PBCA supports the Peregian Beach Bushcare group. The Peregian Beach
Bushcare group will feature in work being showcased to school students by the Noosa
Environmental Education Hub. I nor the PBCA nor the Peregian Beach Bushcare Group stand
to gain personally or materially through this grant to NEEH and make this declaration out of
dquo;an abundance of caution” given the possible scope and interpretation of Conflict of Interest
rulings. I believe I can make an impartial decision in the public interest in this matter and leave
it to the meeting to determine whether I stay in the meeting room.
Committee Resolution
Moved: Cr Amelia Lorentson
Seconded: Cr Joe Jurisevic
That Council note the declarable conflict of interest by Cr Wilkie and determine must leave the
meeting and not participate in the consideration and vote on this matter because a reasonable
person would not trust that the final decision is made in the public interest.
For: Nil
Against: Cr Tom Wegener, Cr Jurisevic and Cr Lorentson
Lost
(Cr Wilkie and Stockwell did not vote on the above motion )
Committee Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Tom Wegener
That Council note the declarable conflict of interest by Cr Wilkie and determine that it is in the
public interest that Cr Wilkie participates and votes on this matter because Council believes
that neither he nor the PBCA nor the Peregian Beach Bushcare Group stand to gain personally
or materially through this grant to NEEH that it is in the public interest that Cr Wilkie participates
and votes on this matter because Council believes that a reasonable person would trust that
the final decision is made in the public interest.
Carried Unanimously.
(Cr Wilkie and Cr Stockwell did not vote on the above motion)
Page 6
GENERAL COMMITTEE MEETING MINUTES 12 JUNE 2023
Cr Wilkie assumed the Chair
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the
following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stockwell, inform the meeting that I would like to declare a declarable conflict of interest
for Item 5.2 Environmental Grants for the Noosa Environmental Education Hub grant. In early
2020, I received an electoral donation of $500 from Susan Francis. Susan Francis is the partner
of Barry Cotterell. Barry Cotterell is the President of the Peregian Beach Community Association
(PBCA). The PBCA supports the Peregian Beach Bushcare group. The Peregian Beach
Bushcare group will feature in work being showcased to school students by the Noosa
Environmental Education Hub. I nor the PBCA nor the Peregian Beach Bushcare Group stand
to gain personally or materially through this grant to NEEH and make this declaration out of
dquo;an abundance of caution” given the possible scope and interpretation of Conflict of Interest
rulings. I believe I can make an impartial decision in the public interest in this matter and leave
it to the meeting to determine whether I stay in the meeting room.
Committee Resolution
Moved: Cr Joe Jurisevic
Seconded: Cr Tom Wegener
That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in
the public interest that Cr Stockwell participates and votes on this matter because Council
believes that he nor the PBCA nor the Peregian Beach Bushcare Group stand to gain
personally or materially through this grant to NEEH that it is in the public interest that Cr
Stockwell participates and votes on this matter because Council believes that a reasonable
person would trust that the final decision is made in the public interest.
Carried Unanimously.
(Cr Stockwell and Cr Wilkie did not vote on the above motion)
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the
following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stockwell, also inform the meeting that I have a declarable conflict of interest in this matter
in relation to the application by the Noosa District Landcare due to my long standing connection
with the organisation as one of the inaugural members of the unincorporated group dating back
to the 1980s and a current ordinary member. Although I have a declarable conflict of interest, I
do not believe a reasonable person could have a perception of bias considering the community
nature of this relationship. 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 Joe Jurisevic
Seconded: Cr Amelia Lorentson
That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in
the public interest that Cr Stockwell 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
due to the community nature of this relationship with Landcare and therefore a reasonable
person would trust that the final decision is made in the public interest.
Carried Unanimously.
(Cr Stockwell and Cr Wilkie did not vote on the above motion)
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the
following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this matter as I
have a long-standing relationship with MRCCC as a previous government employee and a long-
Page 7
GENERAL COMMITTEE MEETING MINUTES 12 JUNE 2023
term collaborator since 1994. I have in the past had a small consultant contract below the limit
for a Prescribed Conflict and prior to the declarable time frame. I was up until the last
AGM Council's representative on the committee and in this role I played a role in facilitating
and developing the group's revised catchment strategy. Although I have a declarable conflict of
interest, I do not believe a reasonable person could have a perception of bias considering the
community nature of this relationship. 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 Amelia Lorentson
Seconded: Cr Joe Jurisevic
That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in
the public interest that Cr Stockwell participates and votes on this matter because Council
believes that a reasonable person would trust that the final decision is made in the public
interest. Although he has a declarable conflict of interest, I do not believe a reasonable person
could have a perception of bias considering the community nature of this relationship and vote
that Cr Stockwell remains in the room.
Carried Unanimously.
(Cr Stockwell and Cr Wilkie did not vote on the above motion)
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the
following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this matter as
on 24 February 2020 I sought a review by the Independent Council Election Observer (ICEO)
as to the public claims of the Future Noosa Team, of which Leigh McCready was publicly
identified as a Campaign Manager. Leigh McCready is a Director of Tourism Noosa. Although I
have a declarable conflict of interest, I do not believe a reasonable person could have a
perception of bias because the ICEO review was an advisory service, not a statutory process,
and my queries at that time were in the public interest and neither I nor Ms McCready stood to
personally gain or lose from that advice. 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 Joe Jurisevic
Seconded: Cr Amelia Lorentson
That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in
the public interest that Cr Stockwell participates and votes on this matter because Council
believes that a reasonable person could not have a perception of bias because the ICEO
review was an advisory service, not a statutory process, and Cr Stockwell’s queries at that
time were in the public interest and neither he nor Ms McCready stood to personally gain or
lose from that advice and therefore a reasonable person would trust that the final decision is
made in the public interest.
Carried Unanimously.
(Cr Stockwell and Cr Wilkie did not vote on the above motion)
Committee Recommendation
Moved: Cr Joe Jurisevic
Seconded: Cr Frank Wilkie
That Council note the report by the Principal Environment Officer - Policy and
Planning to the Planning & Environment Committee Meeting dated 6 June 2023
Page 8
GENERAL COMMITTEE MEETING MINUTES 12 JUNE 2023
regarding the Environment Project Grants, MEC Grants and Environment
Organisation Alliance Grants and:
A. Award the Environment Project grants, Multi Year Environment Collaborative
(MEC) grants and Alliance grants, for the initiatives recommended in
Attachments 1 – 3 for funding totalling the amounts below:
i. Environment Project Grants (Attachment 1) = $24,030.00 (one year)
ii. MEC Grants (Attachment 2) = $261,518.20 (per year) totalling
$784,554.61 (over three years)
iii. Environment Organisation Alliance Grants (Attachment 3) = $88,900 (per
year) totalling $266,700.00 (over three years);
B. Support the reallocation of $50,970 from the Environment Project grants to the
Alliance grants for the next three financial years (2023/24, 2024/25, and
2025/26);
C. Authorise the CEO to enter Funding Deeds for the Environment Project grants,
MEC grants and Alliance grants with successful organisations, as per the
recommended funding amount; and
D. Support the review of the Environment Grants Policy and Environment Levy
Policy and associated guidelines by Environmental Services to identify areas for
improvement in future grant rounds.
Carried Unanimously.
Cr Stewart and Cr Finzel returned to the meeting.
5.3. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY APRIL 2023
(REFERRED FROM P&E 6 JUNE 2023)
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the
following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stewart, inform the meeting that I have a declarable conflict of interest in this matter in
relation to the application by Altum Properties No.9 P/L TTE, which is listed as item 17 in this
report. I have a friendship with Leigh and Rob McCready, who are associated with the
applicant. As a result, of my conflict of interest I will now leave the meeting room while the
matter is considered and voted on.
Cr Stewart left the meeting.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel provided the
following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Finzel, inform the meeting that I have a declarable conflict of interest in this matter in
relation to the application by Altum Properties No.9 P/L TTE, which is listed as item 17 in this
report. Leigh McCready who is associated with the applicant, was involved in a volunteer
capacity for my 2020 election campaign with Future Noosa, which is no longer an entity. As a
result of my conflict of interest I will now leave the meeting room while the matter is
considered and voted on.
Cr Finzel left the meeting.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the
following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Lorentson, inform the meeting that I have a declarable conflict of interest in regards to
Page 9
GENERAL COMMITTEE MEETING MINUTES 12 JUNE 2023
Item 11 of the Delegated Authority report due to my personal relationship with the applicant
Mark Bain and the Bain Family who are family friends. We have attended social events
together, and our children have attended school together. As a result of my conflict of interest,
I will leave the meeting room while the matter is considered and voted on.
Cr Lorentson left the meeting.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the
following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this matter in
relation to the application by Altum Properties No.9 P/L TTE, which is listed as item 17 in this
report. On 24 February 2020 I sought a review by the Independent Council Election Observer
(ICEO) as to the public claims of the Future Noosa Team, of which Leigh McCready was
publicly identified as a Campaign Manager. Leigh McCready is associated with the applicant.
Although I have a declarable conflict of interest, I do not believe a reasonable person could
have a perception of bias because Council's consideration of this application is not to approve
or reject it, it is only for noting of a decision that has already been made by staff. 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 Joe Jurisevic
Seconded: Cr Tom Wegener
That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in
the public interest that Cr Stockwell participates and votes on this matter because Council
believes that a reasonable person could not have a perception of bias because the ICEO
review was an advisory service, not a statutory process, and Cr Stockwell’s queries at that
time were in the public interest and neither he nor Ms McCready stood to personally gain or
lose from that advice and therefore a reasonable person would trust that the final decision is
made in the public interest.
Carried Unanimously.
(Cr Stockwell did not vote on the above motion)
Committee Recommendation
Moved: Cr Joe Jurisevic
Seconded: Cr Tom Wegener
That Council note the report by the Manager, Development Assessment to the
Planning & Environment Committee Meeting dated 6 June 2023 regarding planning
applications that have been decided by delegated authority.
Carried Unanimously.
Cr Stewart, Cr Finzel and Cr Lorentson returned to the meeting.
5.4. MARITIME SAFETY QUEENSLAND RECREATIONAL BOATING FACILITIES
DEMAND FORECAST STUDY 2022
( REFERRED FROM S&O 6 JUNE 2023)
Committee Recommendation
Moved: Cr Karen Finzel
Seconded: Cr Joe Jurisevic
Page 10
GENERAL COMMITTEE MEETING MINUTES 12 JUNE 2023
That Council note the report by the Principal Environment Officer and the
Infrastructure Planning Co-ordinator to the Services and Organisation Committee
Meeting dated 6 June 2023 and:
A. Note its appreciation for MSQ / DTMR in commissioning the investigation to
respond to increasing demand for recreational boating facilities
B. Raise concerns for the lack of a regional approach to planning for boat
launching facilities, particularly when the Noosa River system is a relatively
small system compared to other regional water bodies and may not have the
capacity to accommodate statistical growth
C. Seek discussions about increased funding from MSQ / DTMR to fund on-
shore components of the boat ramp facilities
D. Welcome further discussions between MSQ and Council to support expedient
placement of the Noosa Woods Pontoon, Gympie Terrace Noosaville
Pontoon and Lake Street Tewantin Pontoon to assist in improving boating
access to the Noosa River
E. Welcome initiation of planning processes jointly with MSQ and TMR to
upgrade facilities at Albert / Thomas Steet (Noosaville) Boat Ramp, Hilton
Esplanade (Tewantin) Boat Ramp, Lake Street (Tewantin) Boat Ramp
and Moorindil Street (Tewantin) Boat Ramp but raise concerns for the
unrealistic increase in car and trailer carparking capacity indicated in the
Noosa Recreational Boating Facilities Demand Forecasting Study due to
traffic, landscape and environmental impact
F. Reject the proposed facility at Chaplin Park due to planning, tenure and
character impacts on the park
G. Note that Council is proposing to initiate a Parking Study in FY23/24 that will
include examination of car and trailer parking at and near to boat ramps to
examine additional measures to manage capacity through contemporary
parking demand management techniques, and that the outcomes of this
study should inform any consideration of future boat ramps.
Carried Unanimously.
The meeting adjourned at 2.34pm.
The meeting resumed at 2.47pm.
6. REPORTS DIRECT TO GENERAL COMMITTEE
6.1. 132007.12.9 - MINOR CHANGE TO EXISTING APPROVAL FOR MATERIAL
CHANGE OF USE, TO INCREASE THE USE AREA FOR A COMMUNITY USE -
EDUCATION - TYPE 3 ADULT (ADMINISTRATION ONLY) AND INCLUDE
BUSINESS USE OFFICE TYPE 3 - VETERINARY SITUATED AT 88A & 90
GOODCHAP STREET, NOOSAVILLE
Committee Recommendation
Moved: Cr Joe Jurisevic
Seconded: Cr Clare Stewart
That Council note the report by the Development Planner to the General Meeting 12
June 2023 regarding Application No. 132007.12.9 to make a minor change to an
Page 11
GENERAL COMMITTEE MEETING MINUTES 12 JUNE 2023
existing approval for Material Change of Use Commercial Business - Type 1 Office,
Type 2 Medical, Education - Type 3 Adult, Retail Business - Type 1 Local & Type 2
Shop and Salon, Entertainment and Dining Business – Type 1 Food and Beverage,
situated at 88a & 90 Goodchap Street, Noosaville and:
A. Approve the change.
B. Amend conditions 1, 12 & 13 as outlined in Attachment 1 - proposed
amended conditions.
C. Include additional conditions as outlined in Attachment 1 - proposed amended
conditions.
D. Note the report is provided in accordance with Section 63(5) of the Planning
Act 2016.
Carried Unanimously.
6.2. NOOSA BIOSPHERE RESERVE FOUNDATION ANNUAL REPORT 2021-22 AND
OPERATIONAL PLAN 2023/24
Committee Recommendation
Moved: Cr Amelia Lorentson
Seconded: Cr Joe Jurisevic
That Council note the report by the Environment Services Manager (Acting) to the
General Committee Meeting dated 12 June 2023 regarding Noosa Biosphere
Reserve Foundation (NBRF) Annual Report 2021-22 and Operational Plan 2023-24
and:
A. Note the Annual Report and audit of Financial Statement 2021-22 received from
NBRF as provided in Attachment 1; and
B. Note the Operational Plan 2023-24 and Funding Request received from NBRF as
provided in Attachment 2.
Carried Unanimously
6.3. ENCROACHMENTS POLICY AND ORGANISATIONAL PROCEDURES
In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the
following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Amelia Lorentson, inform the meeting that in considering the encroachment policy and
managing any perceived conflict of interest, members of my family have had encroachments in
the past and there may be encroachments on public land that I am not fully aware of. To
manage any perceived conflict of interest in relation to the matters I believe it prudent to declare
a conflict of interest in relation to the consideration of this policy and as such, exercise an
'abundance of caution'. I also note the legal advice received this morning from King & Co, that
the Draft Policy does not constitute a 'planning scheme', as defined, and therefore does not
come within the ambit of the 'ordinary business matter' exemption contained in section
150EF(1)(b) of the Local Government Act 2009. I will now leave the room and not participate in
the discussion.
Cr Lorentson left the meeting room.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel provided the
following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Finzel, inform the meeting that I have a declarable conflict of interest in this matter as on 5
March 2020, Mr Peter Butt who I believe is an Executive Member of the Eastern Beaches
Page 12
GENERAL COMMITTEE MEETING MINUTES 12 JUNE 2023
Protection Association who were submitters to the Eastern Beaches Foreshore Management
Plan which addresses management issues relevant to encroachments. Peter Butt donated
$1666.66 to my 2020 Election Campaign where I was one of three candidates that ran as a
group known as 'Future Noosa' (which is no longer an entity). As a result of my conflict of
interest, I will now leave the meeting room while the matter is considered and voted on.
Cr Finzel left the meeting room.
Committee Resolution
Moved: Cr Tom Wegener
Seconded: Cr Clare Stewart
That Cr Joe Jurisevic be appointed as Acting Chairperson of the meeting for this item for the
purpose of considering the conflict of interest declaration by Cr Wilkie.
Carried Unanimously.
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 would like to declare a declarable conflict of interest for Item 6.3 Shire-Wide Encroachments
Policy. In early 2020, I received an electoral donation of $750 from Susan Francis. Susan
Francis is the partner of Barry Cotterell. Barry Cotterell is the President of the Peregian Beach
Community Association (PBCA). The PBCA has made submissions requesting council address
illegal encroachments. I nor the PBCA stand to gain personally or materially through the
introduction of this shire-wide policy, however I make this declaration out of dquo;an abundance
of caution” given the possible scope and interpretation of Conflict of Interest rulings. I believe I
can make an impartial decision in the public interest in this matter and leave it to the meeting to
determine whether I stay in the meeting room.
Committee Resolution
Moved: Cr Tom Wegener
Seconded: Cr Joe Jurisevic
That Council note the declarable conflict of interest by Cr Wilkie and determine that it is in the
public interest that Cr Wilkie participates and votes on this matter because Council believes
that neither Cr Wilkie nor the PBCA stand to gain personally or materially through the
introduction of this shire-wide policy and therefore a reasonable person would trust that the
final decision is made in the public interest.
For: Cr Joe Jurisevic and Cr Tom Wegener
Against: Cr Clare Stewart
Carried.
(Cr Wilkie or Cr Stockwell did not vote on the above motion)
Cr Wilkie assumed the Chair.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the
following declaration to the meeting of a declarable conflict of interest in this matter:
I would like to declare a declarable conflict of interest for Item 6.3 Shire-Wide Encroachments
Policy. In early 2020, I received an electoral donation of $500 from Susan Francis. Susan
Francis is the partner of Barry Cotterell. Barry Cotterell is the president of the Peregian Beach
Community Association (PBCA). The PBCA has made submissions requesting council address
illegal encroachments. Neither I nor the PBCA stand to gain personally or materially through the
introduction of this shire-wide policy however I make this declaration out of dquo;an abundance
of caution” given the possible scope and interpretation of Conflict of Interest rulings. I believe I
can make an impartial decision in the public interest in this matter and leave it to the meeting to
determine whether I stay in the meeting room.
Page 13
GENERAL COMMITTEE MEETING MINUTES 12 JUNE 2023
Committee Resolution
Moved: Cr Clare Stewart
Seconded: Cr Joe Jurisevic
That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in
the public interest that Cr Stockwell participates and votes on this matter because Council
believes that neither Cr Stockwell nor the PBCA stand to gain personally or materially through
the introduction of this shire-wide policy and therefore a reasonable person would trust that
the final decision is made in the public interest.
Carried Unanimously
(Cr Stockwell and Cr Wilkie did not vote on the above motion)
Committee Recommendation
Moved: Cr Brian Stockwell
Seconded: Cr Joe Jurisevic
That Council note the report by the Environment Officer - Coastal Management to the
General Committee meeting dated 12 June 2023 regarding encroachments into
Council-managed land, and:
A. Approve the Encroachments Policy and Operational Procedures for
implementation as attached to this report Attachment 1 and 2; and
B. Consider a funding allocation for implementation of the Encroachments Policy
and Operational Procedures as part of Council’s 2023/24 budget deliberations;
and
C. Develop a clear implementation plan, outlining education, awareness and
communication materials to be developed to support community understanding
and implementation of the policy.
Carried Unanimously
Cr Lorentson and Cr Finzel returned to the meeting.
6.4. CONTRACT NO. CN00338 - SUPPLY, INSTALLATION, COMMISSIONING &
MAINTENANCE OF AN EPS THERMAL COMPACTION UNIT
Committee Recommendation
Moved: Cr Joe Jurisevic
Seconded: Cr Clare Stewart
That Council note the report by the Waste Project Manager to the General Committee
Meeting dated 12 June 2023 and Award Contract No. CN00338 - Supply, Installation,
Commissioning & Maintenance of an EPS Thermal Compaction Unit to IS Recycling
Pty Ltd under a lump sum contract for $227,000 (GST Exclusive) which includes a 12
month servicing and maintenance period.
Carried Unanimously.
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GENERAL COMMITTEE MEETING MINUTES 12 JUNE 2023
6.5. FINANCIAL PERFORMANCE REPORT – MAY 2023
Committee Recommendation
Moved: Cr Joe Jurisevic
Seconded: Cr Clare Stewart
That Council note the report by the Manager Financial Services (Acting) to the
General Committee Meeting dated 12 June 2023 outlining May 2023 year to date
financial performance against budget, including changes to the financial performance
report with the inclusion of key financial sustainability indicators.
Carried Unanimously.
6.6. 2023-2024 FEES AND CHARGES
Committee Recommendation
Moved: Cr Brian Stockwell
Seconded: Cr Joe Jurisevic
That Council note the report by the Manager Financial Services (Acting) to the
General Meeting dated 12 June 2023 and pursuant to sections 97, 98 and 262(3)(c)
of the Local Government Act 2009, fix, for the 2023-24 financial year the cost-
recovery fees and commercial charges provided as Attachment 1 to the report.
Carried Unanimously.
6.7. APPOINTMENT OF 2024 SHOW HOLIDAY
Committee Recommendation
Moved: Cr Clare Stewart
Seconded: Cr Karen Finzel
That Council note the report by the Chief Executive Officer (Acting) to the General
Committee Meeting dated 12 June 2023 and request the Chief Executive Officer to
apply to the Office of Industrial Relations for the appointment of Friday, 13 September
2024 as a Special holiday for Noosa Shire.
Carried Unanimously
6.8. APPOINTMENT OF AUDIT & RISK COMMITTEE EXTERNAL MEMBER
Committee Recommendation
Moved: Cr Tom Wegener
Seconded: Cr Clare Stewart
That Council note the report by the Executive Officer, Office of the Chief Executive
Officer and Mayor to the General Committee Meeting of 12 June 2023 in relation to
the vacancy for an external member on Council's Audit and Risk Committee and:
Page 15
GENERAL COMMITTEE MEETING MINUTES 12 JUNE 2023
A. Appoint Ian Rushworth as an external member of the Audit and Risk committee for
a term of 2 years commencing 27 June 2023; and
B. Note that the membership of the Audit and Risk Committee will be reviewed
following the completion of an independent review of effectiveness of the Audit and
Risk Committee.
Carried Unanimously.
7. CLOSED SESSION
Nil
8. MEETING CLOSURE
The meeting closed at 4.42 PM