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2022-10-24 General Committee Meeting Agenda

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GENERAL COMMITTEE MEETING AGENDA   24 OCTOBER 2022




                                      Page 55 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

                  iyo)     LS aim1 4 LCoS st                                                                     Recommended action
                         category
                 6.                  Council complied with required disclosure requirements.                     For noting only.

                                     NRF Observations:                                                           Note: where Council publishes specific projects
                                     Council published the Project on its webpage, including details of TNC and  on a standalone webpage, we recommend it also
                                     the amount of funding provided by Council.                                  publishes details of such projects on its
                                                                                                                 Environment & Climate Change Grants webpage
                                                                                                                 as well.

                  L,                 Contract used was appropriate for the Project.                              We recommend Council build in a check process
                                                                                                                 whereby the Governance Team reviews proposed
                                                   =    .                                                        funding agreements to ensure they reflect
                                     BEF SEseranons:                                                             activities and deliverables consistent with the
                                     Council engaged an external law firm to oversee and advise on the           initial review (see Item 1 above) and the relevant
                                     preparation of the Agreement.                                               grant policy and do not extend beyond the policy
                                     The Agreement required TNC to carry out a broad range of activities, and    framework into the procurement policy framework.
                                     contemplates alliance and collaboration-type objectives, which may create   Additionally, Council should consider ongoing
                                     the risk of the Agreement being used to secure procurement outcomes         monitoring of the activities and deliverables
                                     outside of Council’s Procurement Policy being adhered to instead of a       provided (e.g. upon the achievement of project
                                     funding arrangement.                                                        milestones) as well ensuring that internal
                                                                                                                 processes reflect a need to ensure any material
                                                                                                                 change to the activities and deliverables under the
                                                                                                                 agreement are considered from Council’s
                                                                                                                 regulatory and policy framework.
                                                                                                                 Note: based on the Review Material, we have not
                                                                                                                 observed any instances of this Agreement being
                                                                                                                 used in any other manner other than for the
                                                                                                                 purpose for which it was intended, but wanted to
                                                                                                                 flag this as a potential issue for consideration in
                                                                                                                 future projects.
                 8.                  Appropriate governance structure was in place for the Project and           For noting only (and as we understand, future
                                     Agreement.                                                                  projects will be subject to Council’s new Policy
                                                                                                                 Framework, which was recently adopted).
                                     NRF Observations:

                APAC-#302981652-v3                                                         8                                                © Norton Rose Fulbright Australia

                                                                                                     Page 55 of 113
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