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2022-10-24 General Committee Meeting Agenda

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GENERAL COMMITTEE MEETING AGENDA   24 OCTOBER 2022




                                      Page 51 of 113

GENERAL COMMITTEE MEETING AGENDA                                                               24 OCTOBER 2022

                Review of Noosa Oyster Ecosystem Restoration Project
                Key Issues Report — Noosa Shire Council                                                                          Confidential and subject to legal privilege
                                                                                                                                                         18 October 2022
               3       Key findings
               We have set out below our key findings from the review undertaken and our associated recommendations, where appropriate.
               The categorisation of issues in this section is an assessment based on our understanding of the Project and the Agreement. It is also not a substitute for
               reading the Report in full and reaching an independent judgement of the relative importance of each particular issue.

                  Item       ti      LC Sa bs-1 01-3                                                              Recommended action
                         category
                  Phase 1: Project initiation (process undertaken by Council to engage TNC and enter into the Agreement)
                  1.                 Whether Council undertook appropriate steps to identify the suitable         While Council consulted its Governance Team
                                     regulatory and policy framework to implement this Project, e.g. requirements and Procurement Team to identify the appropriate
                                     under the LGA, Community Grants Policy, Environmental Levy Policy and        regulatory framework for this Project, in the future,
                                     Environmental Grants Policy?                                                 we recommend Council undertake additional
                                                                                                                  project specific analysis when considering similar
                                     NRF Observations:                                                            projects. For instance, this might involve:
                                     Council took steps to identify the appropriate framework for this Project,   °   a formal Step Re     ee   etal warn
                                     which included internal consultation with Council’s Governance Team and          ae  der the    Rat  rthe  proiect  and aavise
                                     Procurement Team. Based on the Review Material, it appears the                     ‘ Ae: te’ j tne oy Or Tres on oh ot ee
                                     Governance Team, supported by the Procurement Team, considered the                ate oh ae eee ee enpe         en aes rant
                                     applicability of the LGA to this Project (amongst Council’s other procurement    funding and Howe best a reseed   Th  cn
                                     related frameworks). Council’s Governance Team ultimately determined the         that aavice fee: BOTE said HaWE a eetnan ts
                                     Project to be a “grant type of financial distribution” and, based on the Council Beet leted BVARG GOSVeIRArOSs TAan
                                     reports, considered the Environmental Levy Policy and Environmental Grants        :    ap       y                       .
                                     Rolie? ta AGol                                                                   (including attaching relevant external advice
                                          2    PPIY-                                                                  necessary for this gate); and
                                                                                                                  e   identifying relevant parties to the project and
                                                                                                                      their respective roles, rights and obligations
                                                                                                                      and how this may be treated under the LGA,
                                                                                                                      Community Grants Policy or Environmental
                                                                                                                      Policy or other applicable policy as this may
                                                                                                                      influence the relevant framework to be
                                                                                                                      applied. This could be part of the request
                                                                                                                      form outlined above.

                APAC-#302981652-v3                                                         4                                                 © Norton Rose Fulbright Australia

                                                                                                    Page 51 of 113
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