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2022-10-24 General Committee Meeting Agenda

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GENERAL COMMITTEE MEETING AGENDA   24 OCTOBER 2022




                                      Page 54 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
                  Item      Nand 4   Key issue                                                                    Recommended action
                         category
                  5:                 Appropriate controls on approvals applied.                                   While minor in nature, we recommend Council
                                                                                                                  ensure (where appropriate) that any proposal and
                                     NRF Observations:                                                            weighting assessments are considered for peer
                                         :              sO     .      ;                           :               review and, where appropriate, identifies the
                                     Subject to the matters identified at items 2 and 3 above, the Project was    process to engage a peer reviewer (such as a
                                     adequately documented and minuted when it was put to Council for             subject matter expert). This will enable an
                                     consideration in the applicable general meetings. The decision to proceed    independent review of the proposal to ensure,
                                    with the Project was made by Council resolution (specifically the general     from a technical and financial perspective, the
                                     meetings of 17 January 2019 and 18 July 2019), which was in accordance       proposal is likely to achieve its expected
                                     with both the LGA and Council’s delegations of authority.                    outcomes and be value for money.
                                     Council passed the following resolutions in the Council meeting of 18 July  Whether this is necessary in all cases will
                                     2019:                                                                        depending on meeting threshold criteria to be
                                     e   Council approved the Agreement as attached to the corresponding          applied having regard to the extent of the funding
                                         Council report; and                                                      available generally, the nature of the grant
                                     e   authorised Council’s Chief Executive Officer to execute the Agreement    program, the nature of the propasal am the
                                         on Council’s behalf with the TNC.                                        proposed funding amount being applied for.
                                           sa                  .                  ‘                               In the case of the Project, as Council had an
                                     In addition to the above, while a number of key internal stakeholders (e.g.        .      .      ie oat
                                     Council’s Chief Executive Officer and Council's Director of Environment and established history wit INS pefore the formal t
                                     Sustainable Development) were consulted throughout the Project               item     Aodbint® enle os framers fl 7      a
                                     assessment process, it is not clear (based on the Review Material) whether   fe — et las nite       fefi    " Bok » In part,
                                     the assessment and weighting decisions made by the relevant Council            e solion ¢ UE be  ae — he       Sue
                                     officers were subject to any peer review (although we note that Council and  ane ae to        e OSE a Some dai
                                     TNC had an existing relationship and there were previous external reports    I" Dake yent peer review which would  tnen
                                     about the proposed activities and outcomes to be achieved which Council      evaluate.
                                     could consider).                                                                 1. the merits of undertaking the suggested
                                                                                                                          oyster restoration program; and
                                                                                                                      2. the suitability of TNC as the recipient of
                                                                                                                         the funds.
                                                                                                                  It is noted that, in relation to the second question
                                                                                                                  (being the suitability of TNC), we understand that
                                                                                                                  TNC would have been the only appropriate
                                                                                                                  recipient given we are informed that they are the
                                                                                                                  only organisation in Australia undertaking such
                                                                                                                  work.

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

                                                                                                   Page 54 of 113
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