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AGENDA
Special Meeting
Wednesday, 27 June 2018
commencing at 11am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Tony Wellington (Chair), Jess Glasgow, Ingrid Jackson,
Joe Jurisevic, Frank Pardon, Brian Stockwell, Frank Wilkie
“Noosa Shire – different by nature”
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Section 2
SPECIAL MEETING AGENDA 27 JUNE 2018
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
REPORTS 3
1 YUROL & RINGTAIL STATE FORESTS - CONSERVATION PROJECT 3
2 NOOSA COUNCIL'S RESPONSE TO QUEENSLAND'S DIRECTION PAPER ON
WASTE 39
3 UPDATE TO THE CORPORATE PLAN 48
MEETING CLOSURE -
Page 2 of 65
Section 3
SPECIAL MEETING AGENDA 27 JUNE 2018
REPORTS
1 YUROL & RINGTAIL STATE FORESTS - CONSERVATION PROJECT
DOCUMENT INFORM AT ION
Author Chief Executive Officer, Brett de Chastel
CEO’s Office
Index ECM/ Subject / Land Conservation/Regeneration
ECM/ Project and Contract/YRFP – 01 Yurol and Ringtail Forest Proposal
Attachments 1. MOU between the State of Queensland, HQP Plantations, Noosa
Council and Noosa Parks Association
2. Deed of Funding between the State of Queensland, Noosa Council
and Noosa Parks Association (Note: At the request of the State this
attachment is marked Confidential – Not for Public Release and will be
distributed separately to Councillors) CONFIDENTIALITY REMOVED 19/9/18
3. Deed of Funding between Noosa Council and Noosa Parks
Association
4. Project Risk Register
EXECUTIVE SUMMARY
This report proposes that Council agree to formally proceed with the Yurol & Ringtail Forests
Conservation Project for which approval in principle was given by Council at a Special Meeting
held on 13 October, 2017. The project will provide regional scale environmental protection to
lands within Yurol and Ringtail State Forests by conversion of state forest land tenure to
protected conservation land tenure to occur over 10 years.
The project is ground breaking as it is the first of its type in Queensland where a commercial
timber plantation company, the State government, a local government and a not for profit
community organisation are all working together to achieve mutually supported environmental
outcomes.
It will result in an additional 2,400 ha (approx.) of current state forest land being added to the
protected tenure conservation estate within Noosa Shire providing strategic environmental
connectivity between Council and state lands within the Ringtail and Yurol/Pomona area. It not
only ensures protection of existing environmentally important land but will also add to the
environmental land bank by including land that is to be rehabilitated following years of use as a
pine forestry. It will result in wide ranging environmental outcomes and make a significant
contribution to efforts to support the long term health of our local koala population.
The approval in principle decision of 13 October, 2017 also authorised various actions including:
1. Authorise the CEO to enter into a Memorandum of Understanding generally in accordance
with the terms of the draft MOU contained in Attachment 1 to the further report to achieve
the overall project objectives;
2. Authorise the CEO to work with the other parties to develop the required transactional
documents and to report back to a future Council meeting with those transactional
documents for Council’s consideration;
3. Authorise the CEO to remove the confidentiality associated with the two reports to the
Special Council meeting regarding this project once the project has been publically
announced by the Minister for the Environment.
Page 3 of 65
Section 4
SPECIAL MEETING AGENDA 27 JUNE 2018
The project was formerly announced on 1 November 2017 by the then Minister for the
Environment, Dr Steven Miles MP. The reports to Council dated 13 October, 2017 were
subsequently made publicly available on Council’s web site and the MOU was signed by all
parties on 18 October, 2017. A copy of the MOU is provided as Attachment 1.
Detailed negotiations have continued with the various parties and agreement reached on the
basis of the proposed financial and contractual arrangements as outlined in the body of this
report.
This report deals with the second part of the previous Council decision i.e. finalising the
transactional documents that enable this project to proceed.
RECOMMENDATION
That Council note the report by the Chief Executive Officer to the Special Meeting dated 27 June
2018 in relation to the Yurol & Ringtail State Forests Conservation Project and Council:
A. Agree to enter into the Deed of Funding provided as Attachment 2 to this report between
the State, Council, and the Noosa Parks Association;
B. Note that Council’s contribution of $1,166,000 (GST exclusive) and the balance of Noosa
Parks Association contribution of $625,000 (GST exclusive) will be funded from 2018/19
Environment Levy revenue and restricted cash reserves as contributions to the State
Department of Environment & Science towards the cost of compensation for surrender by
HQ Plantations of pine harvest licence rights over Yurol & Ringtail State Forests;
C. Authorise the CEO to remove the confidentiality associated with Attachment 2 Deed of
Funding between the State of Queensland, Noosa Council and Noosa Parks Association
once the Minister for Environment & Science has signed the document;
D. Subject to Treasury approval under the Statutory Bodies Financial Arrangements Act &
Regulations, agree to enter into a Deed of Funding with the Noosa Parks Association for a
deferred payment arrangement to reimburse Council the sum of $625,000 payable by the
Noosa Parks Association Inc. in five annual payments of $125,000 commencing 12 months
after the signing of the State Funding Deed;
E. Note the proposed further contribution by the Noosa Parks Association towards Council’s
costs for the rehabilitation of the pine harvest areas as provided in the Council/Noosa
Parks Association Deed of Funding, noting that the amounts may vary by mutual
agreement in the event of Council or others obtaining funding from other sources for
appropriate works to rehabilitate the pine harvest areas;
F. Authorise the CEO to make any minor amendments as may be required to finalise the
Deeds of Funding; and
G. Appoint the CEO as Council’s Transition Committee member and the Director of
Environment & Planning as the CEO’s proxy.
REPORT
This report provides further details about the project and the proposed contractual and financial
arrangements that will ultimately result in Yurol and Ringtail State Forest lands being transferred
to protected tenure under the Nature Conservation Act. It also proposes Council membership of
a Transition Committee to manage and oversee the project implementation.
The previous report to Council’s Special Meeting on 13 October, 2017 provides detailed
information and analysis of the project and should be referred to for more detailed information.
Page 4 of 65
Section 5
SPECIAL MEETING AGENDA 27 JUNE 2018
1. The Parties
There are multiple parties involved in this project including:
HQPlantations (“HQP”)
This is a planation timber company which holds Planation Licence Areas (PLAs) across
Queensland including 1,492 ha in the Ringtail (879 ha) and Yurol (613 ha) Forest areas.
The company proposes to surrender its PLA in these areas in exchange for compensation.
HQP manages approximately 340,000 ha of forest throughout Queensland including both
softwoods (pine) and hardwoods.
Department of Agriculture and Fisheries (“DAF”)
This Department has oversight (via its Forestry Division) of the State Government’s interest
in both PLAs and State Forests that have timber extraction rights. The Minister for
Agricultural Industry Development & Fisheries is the Hon. Mark Furner, MP.
Department of Environment and Science (“DES”)
This Department has policy and funding oversight of a range of environmental initiatives
including decisions about acquiring conservation estate as well as being custodian and
operator of National Parks in Queensland. The Ministerial responsibility for the environment
portfolio changed after the State Election in November, 2017. The new Minister for
Environment and the Great Barrier Reef, Minister for Science and for the Arts is the Hon.
Leeanne Enoch MP who has been briefed and has indicated her support for this project.
Noosa Parks Association (“NPA”)
This is a not for profit community group based in Noosa incorporated under the
Associations Incorporation Act. They have a range of objects including the protection of the
natural environment in the greater Noosa - Cooloola region.
Noosa Shire Council (“the Council”)
The local government for the Shire of Noosa.
2. The Project
The proposal is broadly the same as per the report of 13 October, 2017 which provided
considerable detail and analysis of the project.
The main variations that have arisen during the detailed final negotiations include:
a) There will be a reduced area of state forest land of approx. 357.3 ha being available for
early transfer to National Park. In the early part of the negotiations it was thought up to 900
ha could be released from State Forest to National Park as soon as possible after the
signing the State Deed of Funding (State Deed), but DAF have indicated they need to
maintain access to areas marked on Plan A of the deed for 5 years. Those areas will
transfer to National Park after that 5-year period.
b) NPA have slightly increased the amount they will pay direct upfront to DES from $500,000
to $541,666 upon the signing of the agreements leaving the balance of $625,000 to be paid
to the State by Council and repayable by NPA to Council in five $125,000 annual
instalments commencing 12 months after the signing of the State Deed.
Page 5 of 65
Section 6
SPECIAL MEETING AGENDA 27 JUNE 2018
Key elements of the project are detailed below and are covered under the proposed State Deed
provided as Attachment 2:
a) Payment of compensation to HQP in return for surrender, within 5 years of the date of
signing of the Funding Agreement, of their existing long term Plantation Licence Area (PLA)
harvest rights over areas in Ringtail and Yurol state forests. The compensation in the
amount of $3.5M is to be equally funded by DES, Council and NPA.
b) To minimise the risk to Council and NPA, DES will pay the full amount of $3.5M up front
and the combined contributions of Council and NPA ($2,333,332) will be paid into a
Queensland Treasury Corporation interest bearing account. DES may not draw down this
amount until the PLA area has been transferred to Conservation Reserve protected tenure
with Noosa Council as trustee. This is expected to be achieved soon after the HQP 5-year
harvest rights period has expired. If this has not been achieved within seven (7) years of
signing of State Deed, then the funding contributions are to be returned to each party.
c) On signing of the State Deed, DES will commence action to transfer some areas of State
Forest to National Park protected tenure. Those areas comprise available areas of State
Forest (non-PLA) and some PLA areas totalling about 357.3 ha as marked on Plan A
attached to the deed.
d) HQP will immediately relinquish rights to harvest hardwood timbers located in the PLA
though DAF will maintain access to nominated hardwood areas for a period of up to 5
years. The primary area of DAF interest is about 136.38 ha as marked on Plan A of the
State Deed with a further secondary area of about 156.55 ha also noted on Plan A.
e) HQP will finalise harvest of merchantable pine timbers within the PLA within a period of 5
years from the date of the State Deed. This excludes any wildlings or non-merchantable
size plantings. It is understood that they may well finish this within the 5-year timeframe
and if so, the PLA would be surrendered at that earlier time.
f) Upon expiry of the HQP licence in 5 years from the date of signing of the State Deed, DES
will:
i) Transfer the remaining areas of available State Forest to National Park tenure (refer
Plan A – comprises about 991.22 ha); and
ii) Transfer the remaining area of former PLA to Conservation Park tenure with Noosa
Council as trustee (refer Plan A – comprises about 1039.81 ha).
g) For 5 years after the transfer of the former PLA area to Conservation Park, Council will be
responsible for rehabilitation of the former pine plantation area. After the 5-year
rehabilitation period which is capped at that term, the land will then transfer to National
Park tenure.
h) The State Deed provides the option for Council to make a payment to the State for the cost
of rehabilitation of the pine plantation areas upon expiry of HQP harvesting rights 5 years
after signing the deed, and for the land to go direct to National Park tenure instead of
Conservation Park with Council as trustee. That is at the Council’s option at the time.
i) The project does not impact on private property or current apiary licence arrangements
within the state forest areas.
3. Rehabilitation component
The approach to rehabilitation and NPV analysis of costs was outlined in some detail in the
report to Council dated 13 October, 2017.
Given this project will cover a number of future years, Net Present Value Analysis (NPV)
has been used to compare the three likely rehabilitation scenarios and identify the likely
total cost of the remediation component of the project (in 2017 dollars). The table below
provides a summary of the total cost of each scenario in addition to the investment required
per ratepayer to fund the rehabilitation over the 5-year period.
Page 6 of 65
Section 7
SPECIAL MEETING AGENDA 27 JUNE 2018
Scenarios Present Value Cost Cost Per Ratepayer
Base case (natural regeneration) $1,880,422 $62.06
Assisted regeneration $2,137,470 $70.55
Reconstruction $3,374,609 $111.38
Note 1: Represents the total potential costs over the 5-year rehabilitation period.
Note 2: For modelling purposes, the additional contribution by NPA towards rehabilitation (up to
$125,000 p.a. for 5 years totalling $625,000 plus inflation) has been excluded. The
payment of these funds by NPA would reduce the above costs by the equivalent
contribution over the 5-year period for each scenario.
Note 3: For modelling purposes, potential grant funds to undertake remediation have been
excluded. Any grant funds received would reduce the above costs. Landcare have already
sourced one significant grant.
Note 4: The cost per ratepayer is the total cost over 5 years, not the annual cost and represents
the worst case scenario given notes 2 and 3 above.
A management plan will be required for the rehabilitation of the lands within the proposed
Conservation Park and that will be one of the issues managed through the Transition
Committee as proposed in the MOU and reaffirmed in the State Deed (refer Schedule 3).
There are also practical issues that will need to be addressed by the Transition Committee
such as an area of immature pine trees on the eastern edge of Ringtail block that will not
be of merchantable quality within the 5-year time frame.
It is also likely that HQP may finish their harvest of their pine (particularly at Yurol) before
the 5-year timeframe. HQP harvest operations will be within the planted pine areas and not
any pine wildings that have emerged in fallow or buffer areas. HQP and Council have
discussed how Council may wish to access some of the existing PLA areas in the first 5
years (particularly the recently fallow PLA pine areas) in the event that we are able to
secure external funding for rehabilitation works thereby reducing the rehabilitation costs. It
was agreed that these matters can be managed through the Transition Committee process.
4. Project benefits
An assessment of the environmental values of the Yurol and Ringtail Forests was provided
in the report to Council dated 13 October, 2017. In summary, the conservation and
protection of the Yurol and Ringtail Forests will help protect significant Endangered and Of
Concern Regional Ecosystems and a number of specific threatened fauna and flora
species. Rehabilitating the former pine plantation will reinstate vegetation to help support
the local threatened koala population and provide additional habitat for a diverse range of
flora and fauna species.
5. Financial Contribution by NPA
NPA have agreed to fund one-third of the acquisition costs and also to make a contribution
towards the rehabilitation of the PLA pine area once Council becomes trustee of the
Conservation Park.
They propose to provide this funding over a period of time. For the acquisition component,
they will provide $541,666 upon the signing of the agreement payable direct to DES with
Council to pay the balance to DES on their behalf in the sum of $625,000. This amount is
repayable by NPA in five instalments of $125,000 per year commencing 12 months after
the date of signing of the State Deed.
Page 7 of 65
Section 8
SPECIAL MEETING AGENDA 27 JUNE 2018
For the rehabilitation component, they propose to contribute up to $125,000 per year for 5
years to assist with rehabilitation costs. Those contributions will commence the year
following their final payment towards the acquisition component. In the event that the
rehabilitation works can attract funding/grants from other sources, the contribution by NPA
may be reviewed. NPA have also indicated that their members are keen to contribute
directly to the project in other practical ways such as volunteer planting days.
All up, NPA proposes to contribute approximately $1.166M towards acquisition (spread
over 6 years) and up to $625,000 toward rehabilitation (spread over 5 years).
Under Section 60A of the Statutory Bodies Financial Arrangements Act 1982, a local
government may enter into a Type 1 financial arrangement which includes an arrangement
that provides for, relates to, is directed towards entering into or performing a deferred
payment arrangement if the payment period is more than three years. Such an
arrangement requires approval by the State Treasurer. That application process is
underway and it would be expected that such formal approval would be forthcoming.
A copy of the proposed Deed of Funding between Noosa Council and Noosa Parks
Association (Council Deed) is provided at Attachment 3.
6. Environment Levy Working Group
As indicated in the report to Council dated 13 October, 2017 the project is supported by the
Environment Levy Working Group. It is recognised that the project will absorb a significant
amount of the environment levy, but the broad scale nature of the project, and the environmental
outcomes that can be achieved, warrant Council funding the project.
More than 2,400 ha of significant land will be preserved for environmental protection purposes
and represents good value for money when compared to other recent Environment Levy
acquisitions as shown the table below.
Location Area (ha) Price Cost per ha
1280 McKinnon Drive, Cooroibah* 106 $2.7M $25,500
118 Johns Road, Cooroibah 49 $2.2M $44,000
Yurol-Ringtail Forest proposal 1492 $3.5M (3 parties) $1.2M $2,400
(PLA area only) (Council)** $805 (Council)
*This property is located at the northeast corner of the Ringtail PLA area and will have an important role to play in the
connectivity between the Yurol/Ringtail area and the Cooloola area.
** This only relates to the one third Council acquisition cost of the entire PLA area. Remediation costs associated with
the pine PLA areas (approx. 750ha) are dealt with separately.
7. Transition Committee
As provided in the MOU and reaffirmed in Schedule 3 of the State Deed, a Transition Committee
is to be established to provide a coordinated approach to the transition of the lands to protected
area tenure. This Transition Committee will deal with practical implementation of the agreement
and maintain ongoing communication and working relationships between the parties.
Council may nominate one member to the Committee and one proxy member. Council will
provide secretariat services to the Committee.
It is recommended that the CEO, Brett de Chastel be Council’s representative with the proxy
being the Director of Environment and Planning, Kim Rawlings. This will continue the working
relationships established during the negotiation phase.
Page 8 of 65
Section 9
SPECIAL MEETING AGENDA 27 JUNE 2018
It is expected that some technical sub-groups will also be necessary to plan and advise on
matters such as the management plan development and the rehabilitation component of the
project. The CEO will determine Council’s representatives on any such groups.
Previous Council Consideration
Special Meeting 13 October, 2017 page 3, item 1
That Council note the report by the Chief Executive Officer to the Special Meeting dated 13
October 2017 and the further report by the Chief Executive Officer to the Special Meeting dated
13 October 2017 containing updated information regarding a proposed hinterland environmental
conservation project and:
A. Note the proposed environmental benefits, risks and costs associated with the proposed
project; and
B. Approve the project “in principle” and authorise the Chief Executive Officer to proceed with
the Approved Actions as set out in the further report.
Finance
As advised in the report to Council dated 13 October, 2017 Financial modelling has been
completed in accordance with Council’s ‘Use of Project Decision Framework Toolkit’
Organisational Policy to ensure that an informed decision can be made relating to the potential
significant ongoing investment of ratepayer funds in this project.
It is proposed that the full cost of the project will be funded from a combination of 2018/19
Environment Levy revenue and restricted cash reserve funds. Council can comfortably fund the
project from the Environment Levy fund and provision has been made in the modelling for a
range of contingency situations.
Risks - Financial
As with any major project there are risks associated with this proposal. The current risk register
updated June 2018 is provided at Attachment 4.
A summary of the key risks is outline below:
One of the main risks is if the State does not honour the commitment to convert the PLA
areas to protected tenure status of Conservation Park. The State Deed provides that the
contributions by Council and NPA will be held in a Treasury Account and are not to be
drawn by DES until the Conservation Park tenure has been put in place over the pine
harvest areas. If this has not occurred within seven (7) years after signing of the State
Deed, the monies are to be returned to both parties. In the meantime, interest on those
funds will be applied to Koala conservation projects in the Noosa Shire with the State
required to consult with Noosa Council in identifying appropriate projects.
NPA’s funding obligations under this project will be a large impost on that organisation’s
finances for a number of years. An analysis of NPA’s audited financial statements for the
last three financial years has been undertaken by the CEO as part of the due diligence
process and it is clear that they can contribute the initial sum of $541,666 but that future
income is largely reliant on revenue from two current leases from the State. A reduction in
either of those revenue streams is a potential risk.
The arrangement with NPA is subject to approval by the Treasurer under the Statutory
Bodies Financial Arrangements Act & Regulations. This risk is quite low given the State is
a party to the overall project. This risk will also be managed by waiting for SBFA approval
before the agreements are signed.
Page 9 of 65
Section 10
SPECIAL MEETING AGENDA 27 JUNE 2018
This report recommends that Council and NPA enter into a formal deed of funding as part
of the transactional arrangements, but the options available to Council to enforce a funding
agreement in relation to a not for profit organisation are limited. That is indeed the case for
any not for profit organisation.
Consultation
External Consultation - Community & Stakeholder
The Hon. Leanne Enoch, Minister for Environment and the Great Barrier Reef has been briefed
on the project and indicated her support.
Ongoing consultation has occurred with the various parties to the arrangement including:
HQPlantations (CEO)
Noosa Parks Association (President)
Department of Environment & Science
Department of Agriculture & Fisheries
Internal Consultation
Departments/Sections Consulted:
X Chief Executive Officer Community Services X Corporate Services
X Executive Officer Director X Director
Executive Support Community Development X Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture X Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 10 of 65
Section 11
SPECIAL MEETING AGENDA 27 JUNE 2018
Page 11 of 65
SPECIAL MEETING AGENDA 27 JUNE 2018
ATTACHMENT 1
Memorandum of Understanding
between
the State of Queensland
acting through the Department of Environment and Heritage Protection, the Department
of Agriculture and Fisheries and the Department of National Parks, Sport and Racing
(‘State’)
and
the Noosa Shire Council (‘Council’)
and
the Noosa Parks Association Incorporated (‘Association’)
and
H@Plantations Pty Ltd (‘HQP’)
IT IS AGREED as follows:
1. SCOPE OF THE MEMORANDUM OF UNDERSTANDING (‘MOU’)
1.1 The objective of this MOU is to reflect an intention between the parties to convert the
Yurol and Ringtail State Forests (‘Land’) to protected area tenure.
1.2 The parties agree to collaborate and further enhance their relationship to realise the
long-term environmental benefits of preserving the Land for future generations.
1.3. This collaboration may focus on, but is not limited to, the following areas:
1.3.1. the relinquishment of harvesting rights by HQP.
1.3.2 the State, Council and Association jointly funding costs incurred to
transition the Land to the protected area estate.
1.3.3 joint engagement on issues relating the management and rehabilitation of
the Land for environmental outcomes.
2 ESTABLISHMENT OF A JOINT TRANSITION COMMITTEE
2.1 The joint transition committee will meet as per the Terms of Reference to progress
priority issues.
Page 11 of 65Section 12
SPECIAL MEETING AGENDA 27 JUNE 2018
Page 12 of 65
SPECIAL MEETING AGENDA 27 JUNE 2018
2.2 Joint annual reports on progress will be provided to respective Directors-General
and CEOs of the Relevant Parties.
2.3. Working groups will be convened as necessary to consider specific management
issues.
2.4 Itis intended that stakeholders external to government will be actively engaged in
the collaborative effort.
2.5 State agencies remain responsible for the delivery of and compliance with legislative
obligations and associated agreement obligations within their jurisdictions, and such
obligations prevail in the case of inconsistencies with the intent articulated within this
MOU.
3. STATUS OF THE MOU
3.1 The parties acknowledge that the provisions of this MOU are not legally binding
(except for clause 6, ‘Confidential Information’). Final policy decisions and legislative
enactments remain the responsibility of the respective departments of the State and
the Council.
3:2 Nothing contained in this MOU will fetter, act as an estoppel or as an agreement
about the exercise of discretion or the making of a decision or subordinate legislation
under any law.
4. TIMEFRAME, MODIFICATION AND TERMINATION
4.1 This MOU commences on the date the last party to do signs this MOU and will be
operative for a period of seven (7) years from that date, unless otherwise varied by
the parties or terminated.
4.2. Any variation of this MOU must be in writing and signed by all parties.
5, MOU MANAGEMENT
54 Each party nominates the Contact Officer for the purpose of this MOU.
5.2 A party’s Contact Officer is responsible for:
5.2.1. receiving communications;
5.2.2 issuing and signing notices; and
5.2.3. responding to requests or directions,
Page 12 of 65Section 13
SPECIAL MEETING AGENDA 27 JUNE 2018
Page 13 of 65
SPECIAL MEETING AGENDA 27 JUNE 2018
on behalf of that party in relation to this MOU.
5.3 The Contact Officers, or any officer appointed by each Contact Officer, will meet as
reasonably required by the parties for the purpose of discussing the performance of
this MOU.
6. INFORMATION
6.1 Subject to clause 6.2, a Recipient must not:
6.1.1. disclose Confidential Information to a third party; or
6.1.2 use Confidential Information other than for the purpose of this MOU.
6.2 Exceptions
A party may disclose Confidential Information:
6.2.1. with the other party’s prior written consent;
6.2.2 to a professional adviser, financial adviser, banker, financier or auditor if
that person is obliged to keep the information disclosed confidential;
6.2.3. to any of its Representatives who are bound to keep the information
confidential and to whom it is necessary to disclose the information;
6.2.4 to comply with the law, or a requirement of a regulatory body;
6.2.5 to the responsible Minister administering the department or the agency
and their personal and departmental advisers;
6.2.6 in response to a request by the Parliament or a Committee of the
Parliament of the State of Queensland; or
6.2.7. where disclosure is required to be made in accordance with established
governmental policies, procedures or for public accountability purposes.
7. LIABILITY
The parties agree that they enter into this MOU and the purpose entirely at their own risk
and without exception.
8. DISPUTE RESOLUTION
The parties agree that any dispute arising during the course of this MOU is to be dealt with
by a process of escalation through each party’s respective management hierarchy.
Page 13 of 65Section 14
SPECIAL MEETING AGENDA 27 JUNE 2018
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SPECIAL MEETING AGENDA 27 JUNE 2018
9. GENERAL
9.1 Assignment
A party must not assign, novate or subcontract the whole or any part of this MOU without
the prior written consent of the other parties, such consent not to be unreasonably withheld
or delayed.
9.2 Notices
Each communication (including each notice, consent, approval, request and demand) in
connection with this MOU to be given by a party to the other parties must be in writing and
delivered to the address specified in Schedule 1 (or any other address notified from time to
time) by hand, posted by pre-paid post, or sent by facsimile transmission or email.
9.3 No relationship
Nothing contained in this MOU will be taken as giving rise to any employment, agency,
partnership or joint venture relationship between the parties.
10. DEFINITIONS AND INTERPRETATION
10.1 Definitions
In this MOU:
Confidential Information means all information, trade secrets and knowledge of or
disclosed by a party (the Discloser) to another party (the Recipient) that:
10.1.1 is by its nature confidential;
10.1.2 is designated or marked by the Discloser as confidential; or
10.1.3 the Recipient knows or ought to know is confidential,
10.1.4 but does not include information which:
10.1.5 is or becomes public knowledge other than by breach of this MOU or any
other confidentiality obligation; or
10.1.6 is independently developed by a party while having no knowledge of or
access to the other party's Confidential Information.
Contact Officer means the contact person for each party specified in Schedule 1.
Relevant Parties means the parties who are signatories to this MOU.
Page 14 of 65Section 15
SPECIAL MEETING AGENDA 27 JUNE 2018
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SPECIAL MEETING AGENDA 27 JUNE 2018
Representative means an employee, agent, officer, director, contractor, subcontractor or
other authorised representative of a party.
Terms of Reference means the document headed ‘Terms of Reference’ which sets out the
role, responsibilities, membership and conduct of meetings of the joint transition committee,
a copy of which is contained in Schedule 2.
10.2 Interpretation
In this MOU unless the context indicates a contrary intention:
10.2.1 areference to a document (including this MOU) is to that document as
varied, novated, ratified or replaced from time to time;
10.2.2 areference to a statute includes its delegated legislation and a reference
to a statute or delegated legislation or a provision of either includes
consolidations, amendments, re-enactments and replacements;
10.2.3. a word importing the singular includes the plural (and vice versa), and a
word indicating a gender includes every other gender;
10.2.4 areference to a party, clause, schedule, attachment or annexure is a
reference to a party, clause, schedule, attachment or annexure to or of this
MOU, and a reference to this MOU includes all schedules, attachments
and annexures to it;
10.2.5 includes in any form is not a word of limitation;
10.2.6 areference to $ or dollar is to Australian currency; and
10.2.7 if a word or phrase is given a defined meaning, any other part of speech or
grammatical form of that word or phrase has a corresponding meaning.
Page 15 of 65Section 16
SPECIAL MEETING AGENDA 27 JUNE 2018
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aibehE
aes if
Queensland
Government
Schedule 1
Contact Officers
State
1. Department of Environment and Heritage Protection:
Party Name: State of Queensland acting through the Department of
Environment and Heritage Protection
ABN: 46 640 294 485
Street Address: Level 5, 400 George Street, Brisbane QLD 4000
Contact Officer Name: Lisa Watts, A/Director
Contact Officer Postal Level 5, 400 George Street Brisbane Q 4000
Address:
Contact Officer Telephone:
Contact Officer Facsimile: n/a
Contact Officer Email: Po
2. Department of Agriculture and Fisheries:
Party Name: State of Queensland acting through the Department of
Agriculture and Fisheries
ABN: 66 934 348 189
Street Address: Level 5, 41 George Street, Brisbane
Contact Officer Name: Barry Underhill
Contact Officer Postal GPO Box 46, Brisbane Q 4001
Address:
Contact Officer Telephone: [x
3. Department of National Parks, Sport and Racing:
Party Name: State of Queensland acting through the Department of National
Parks, Sport and Racing
ABN: 11 322 391 452
Street Address: L6, 12 First Avenue, Maroochydore Q 4558
Contact Officer Name: Geoff Brittingham, Regional Director
Contact Officer Postal L6, 12 First Avenue, Maroochydore Q 4558
Address:
Page 16 of 65Section 17
SPECIAL MEETING AGENDA 27 JUNE 2018
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SPECIAL MEETING AGENDA 27 JUNE 2018
overranent
Contact Officer Telephone: [x
Contact Officer Facsimile: FP
Contact Officer Email: Pe
Council:
Party Name: Noosa Shire Council
ABN: 97 969 214 121
Street Address: 9 Pelican Street, Tewantin, QLD 4565
Contact Officer Name: Brett de Chastel, CEO
Contact Officer Postal P O Box 141, Tewantin QLD 4565
Address:
Contact Officer Telephone:
Contact Officer Email: Ps
Association:
Party Name: Noosa Parks Association Incorporated
ABN: 18 870 049 909 :
Street Address: Environment Centre, 5 Wallace Drive, Wallace Park, Noosaville
QLD 4567
Contact Officer Name: Michael Gloster, President
Contact Officer Postal P O Box 836, Noosa Heads, QLD 4567
Address:
Contact Officer Email: PO
HQP:
Party Name: HQPlantations Pty Ltd
ABN: 25 142 448 977
Street Address: 3A/2 Flinders Parade, North Lakes, Qld 4509
Contact Officer Name: Brian Farmer CEO
Contact Officer Postal PO Box 785 North Lakes Qld 4509
Address:
Contact Officer Telephone: [i
Contact Officer Email: Pe
Page 17 of 65Section 18
SPECIAL MEETING AGENDA 27 JUNE 2018
Page 18 of 65
SPECIAL MEETING AGENDA 27 JUNE 2018
WAIN?
Queensland
Government
Schedule 2
Terms of Reference
The role of the joint transition committee is to provide a coordinated approach to the
transition of the Yurol and Ringtail State Forest lands to protected tenure and on issues
relating to management and rehabilitation of the Land for environmental outcomes.
Responsibilities
The key responsibilities of the committee will include:
- Work collaboratively to achieve the project outcomes.
- Ensure project management processes are put in place to achieve agreed Project
timelines.
- Assess and report on progress including an annual joint report to respective Directors-
General and Chief Executive Officers of the Relevant Parties.
- Monitor risks and assist in resolving any issue that has implications for the Project.
- Identify opportunities and use best endeavours to facilitate early access to plantation areas
post-harvest for land remediation activities.
- Convene working groups as necessary to provide specialist input.
Membership
The joint transition committee membership will include one (1) member and one (1) proxy
member from:
- Council
- Department of Environment & Heritage Protection
- Department of National Parks, Sport & Racing
- Department of Agriculture & Fisheries
- HQP
- NPA
Meetings
Meetings shall be convened by the Council committee member.
The Committee will nominate a chairperson.
Page 18 of 65Section 19
SPECIAL MEETING AGENDA 27 JUNE 2018
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SPECIAL MEETING AGENDA 27 JUNE 2018
WAN
LIBAN)
KER I
Quecusiond
Government
Meetings will be held a minimum of 6 monthly in the first two years after the signing of this
MOU and a minimum of annually thereafter.
Council will provide secretariat services to the joint transition committee and ensure
appropriate meeting records are maintained and provided to all parties.
Any disputes in the Transition Committee will be managed by the provisions of Clause 8 of
the MOU.
Page 19 of 65Section 20
SPECIAL MEETING AGENDA 27 JUNE 2018
Page 20 of 65
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BAI py
Queensland
Government
EXECUTED AS A MEMORANDUM OF UNDERSTANDING
Signed for and on behalf of the State of
Queensland acting through the Department of
Environment and Heritage Protection ABN
Nee welerT A/ pre | —L
46 640 294 485.
(name and position) CoMlecy I) , Date: [2 /? © (
LR Qepyp a)
a person duly authorised to act in that behalf in
the presenge of:
PLA
gy
Signature of Witness
LiSH WATTS -
Name of Witness in full
Signed for and on behalf of the State of
Queensland acting through the Department of
Agriculture and Fisheries ABN 66 934 348
189 by 5 <¢ 7 SPEW CE. DELUTY
DiRECIOR CLK FISULRIES 6 FORESTRY , 4 LA
ALE in eos
(name and position) Signature
a person duly authorised to act in that behalf in Date: / & CcTOBER 0/7
the in :
Signature of Witness
Lig WATTS -
Name of Witness in full
Signed for and on behalf of the State of
Queensland through the Department of 2 ((rewsn
National Parks, Sport and Racing ABN 11 322 f) ‘ ©
1 452 by V KK. ..
\- as (aa $ cho aa gO october Qol7
CQ Lepst i echa- os of. ,
- . ; gnature .
(name and position) be nore
Page 20 of 65Section 21
SPECIAL MEETING AGENDA 27 JUNE 2018
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SPECIAL MEETING AGENDA 27 JUNE 2018
; SNR: yy
Queensland
Government
a person duly authorised to act in that behalf in
the presence of:
Signature of Witness
L/S WHIT S |
Name of Witness in full
Signed for and on behalf of the Noosa Parks
Association ABN 18 870 049 909 by “
Me “nee & LosSTER. l cl ad vO
(name and position) ees | Signature
(DE
a person duly authorised to act in that behalf in Date__[7 CeTeRer * ()
‘ OcTspet2. We
(i o of:
Signature of Witness
Kye Hares
Name of Witness in full
Signed for and on behalf of HQ Plantations
Pty Ltd ABN 25 142 448 977
(name and position) Signature
a person duly authorised to act in that behalf in I nent
the presence of:
Signature of Witness
Name of Witness in full
Page 21 of 65Section 22
SPECIAL MEETING AGENDA 27 JUNE 2018
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SPECIAL MEETING AGENDA 27 JUNE 2018
see,
Vay
Seer
Queensland
Government
Signed for and on behalf of Noosa Shire
Council ABN 97 969 214 121
Beet cle cuss CEA.
(name and position) Gy
a person duly authorised to act in that behalf in signature
Tate of: Date: 9 fro feed
Signature of Witness
KYLIE HARRIS
Name of Witness in full
Page 22 of 65Section 23
SPECIAL MEETING AGENDA 27 JUNE 2018
Page 23 of 65
SPECIAL MEETING AGENDA 27 JUNE 2018
ATTACHMENT 3
lefts) NOOSA NOOSA
@ | COUNCIL cocanaare
Funding Deed
- Yurol and Ringtail Forest
Conservation Project
Noosa Shire Council ABN 97 969 214 121
(Council )
Noosa@Parks Association Incorporated ABN 18 870 049 909
(Association)
Page 23 of 65Section 24
SPECIAL MEETING AGENDA 27 JUNE 2018
Page 24 of 65
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a coSection 25
SPECIAL MEETING AGENDA 27 JUNE 2018
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SPECIAL MEETING AGENDA 27 JUNE 2018
Dated:
Parties:
Noosa Shire Council ABN 97 969 214 121 of Level 3, 9 Pelican Street,
Tewantin in the State of Queensland
(Council )
Noosa Parks Association Incorporated ABN 18 870 049 909 of
Environment Centre, 5 Wallace Drive, Wallace Park Noosaville in the State of
Queensland
(Association)
Background:
A. At the initiative of the Association, Council-has’ facilitated negotiations that have
resulted in a Memorandum of Understanding between the State, Council, the
Association and HQ Plantations (HQP),outlining an intent to acquire harvest rights
held by HQP and to convert approximately 2,400 ha ofdand currently within,the Yurol
and Ringtail State Forest areas to protected area tenure under the Nature
Conservation Act 1992 (QId) (NCA).
B. The relevant State Forest Land is»made up of approximately 1,492 ha of plantation
licence area (HQP Licence Area) under the Forestry Act 1995 in favour of HQP and
approximately 910 ha of non-plantation licence State Forest Timber Reserve.
C. The operative arrangements for transition of the lands,to protected tenure are set out
in a Deed of Funding to which the State, Council and the NPA are signatories.
Dz. As this intention is consistent with Councils Corporate Plan goals and the
Association’s vision and aims, both parties to this Deed have agreed to make
financial contributions to the Project.
E. The Association and Council have each offered to make a financial Project
Contribution to the State Department of Environment & Science (the Department)
of one third of the Acquisition Costs associated with acquiring the harvest rights held
under the HQP Licence over,the HQP Licence Area within these State Forests. The
Association has indicated it requires assistance from Council to fund its share of the
Project Contribution and is prepared to repay the amount to Council over a period of
5 years in accordance with this Deed.
F. The specific arrangements for the transition of the land tenure and funding
obligations are contained in the State Funding Deed to which the Association and
Council are signatories.
G. The Association has further offered to make a financial contribution to Council over a
period of five years once the Council becomes trustee of the Conservation Park with
such contribution to be used for the cost of rehabilitation of parts of the HQP Licence
Area upon its transition to protected area tenure under Council's control as trustee.
H. The parties now enter into this Deed in order to record the terms of the funding
arrangements between the Association and Council.
Page 25 of 65Section 26
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SPECIAL MEETING AGENDA 27 JUNE 2018
The parties covenant and agree:
1. DEFINITIONS AND INTERPRETATION
1.1 Definitions
In this Deed, unless inconsistent with the context or subject matter:
(a) Association means Noosa Parks Association Inc. ABN 18 870 049
909;
(b) Council means Noosa Shire Council ABN 97 969 214 121;
(c) Deed means this Funding Deed;
(d) Department means the State of Queensland Department of
Environment & Science ABN 46 640 294 485;
(e) GST means a goods and services tax or any similar tax, levy or impost
imposed by the Commonwealth of Australia;
(f) GST Law means A New Tax System.(Goods and Services Tax) Act
1999 (Cth);
(g) NCA means the Nature Conservation Act 1992 (Qld)
(h) HQP means HQ Plantations,Pty Ltd. ACN.142 448 977;
(i) HQP Licence means.,a licence issued by the State to HQP to harvest
timber under the Forestry Act 1995;
(j) HQP Licence Area means the area detailed in Schedule 2;
(k) NPA Project..Contribution means the amount of $1,166,666
(excluding GST) payable by the Association to the State under the
State Feeding Deed as its share of the acquisition costs of the HQP
Licence harvest rights held under the Forestry Act 1995;
(I) NPA Project. Contribution Pre-Payment means the amount of
$625,000 paid by Council to the State on behalf of the NPA and re-
payable by the Association to Council under this Funding Deed.
(m) NPA Project Rehabilitation Contribution means up to $625,000
(excluding GST) payable by the Association to Council;
(n) Project means the Yurol and Ringtail Forest Conservation Project
which is detailed in Schedule 1;
(0) State Funding Deed means an agreement entered into between the
State, Council, the Association and HQP for the delivery of the Project
including a right to enable the State to acquire certain harvest rights
held by HQP within the Yurol and Ringtail State Forests as provided at
Schedule 3.
(p) State means the State of Queensland acting through the Department
of Agriculture and Fisheries ABN 66 934 348 189 and the Department
of Environment and Heritage Protection ABN 46 640 294 485;
Page 26 of 65Section 27
SPECIAL MEETING AGENDA 27 JUNE 2018
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SPECIAL MEETING AGENDA 27 JUNE 2018
1.2 Interpretation
In this Deed, unless inconsistent with the context or subject matter:
(a) a reference to a person includes any other legal entity;
(b) a reference to a legal entity includes a person;
(c) words importing the singular number include the plural number;
(d) words importing the plural number include the:singular number;
(e) the masculine gender must be read as_also importing the feminine or
neuter gender;
(f) a reference to a party includes the,party's heirs, executors, successors
and permitted assigns;
(g) headings are for reference purposes only and must not»be used in
interpretation;
(h) where any word or phrase is given-a defined meaning any other part of
speech or othergrammatical form concerning the word or phrase has
a corresponding meaning;
(i) a reference to a statute includes all regulations and subordinate
legislation and amendments;
(j) references to writing include any mode of representing or reproducing
words in tangible and permanently visible form, and includes e-mail
and fax;
(k) a reference to a monetary amount is a reference to an Australian
currency amount;
(l) an obligation of two or more parties binds them jointly and each of
them severally;
(m) an obligation incurred in favour of two or more parties is enforceable
by them severally;
(n) references to time are to local time in Queensland;
(0) where time is to be reckoned from a day or event, the day or the day of
the event must be excluded;
(Pp) a reference to a business day means a day that is not a Saturday,
Sunday or public holiday in Noosa;
(q) if any time period specified in this Deed expires on a day which is not a
business day, the period shall expire at the end of the next business
day;
(r) a reference to a month means a calendar month.
Page 27 of 65Section 28
SPECIAL MEETING AGENDA 27 JUNE 2018
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SPECIAL MEETING AGENDA 27 JUNE 2018
2. PROJECT FUNDING BY NPA
2.1 Through the State Funding Deed, the Association has agreed to make a
Project Contribution being one-third of the total cost to acquire the harvest
rights under the HQP Licence and will make a direct contribution to the
Department of $541,666 upon signing of the State Funding Deed. On signing
of the State Funding Deed, Council will remit the balance of the NPA Project
Contribution in the amount of $625,000 (NPA Project Contribution Pre-
Payment) to the State with such amount to be repayable by the Association
to Council.
2.2 The obligation on the NPA to pay the NPA Project Contribution Pre-Payment
to Council is subject to the formal signing by all parties of the State Funding
Deed.
2.3. The NPA Project Contribution Pre-Paymentids to be re-paid in cleared funds
by NPA to Council in the following tranches:
(a) $125,000.00 exclusive of GST on the first anniversary of the date NPA
signed the State Funding Deed;
(b) $125,000.00 exclusive of GST on the second anniversary of»the date
NPA signed the State Funding Deed;
(c) $125,000.00 exclusive of GST on the third anniversary of the date
NPA signed the State’-Funding Deed;
(d) $125,000.00 exclusive of GST»on the fourth anniversary of the date
NPA signed the State. Funding Deed;
(e) $125,000 exclusive of GST on the fifth anniversary of the date NPA
signed the State Funding Deed.
2.4 Councihmust provide.NPA with a tax invoice a minimum of 30 days before the
due date for the amount ofeach tranche of the NPA Funding Contribution
Pre-Payment.
3. REHABILITATION FUNDING BY NPA
3.1 In addition to the Project Contribution to acquire the harvest rights under the
HPQ Licence, the Association agrees to make a Project Rehabilitation
Contribution (NPA Project Rehabilitation Contribution) payable to Council
towards costs of rehabilitation of parts of the HQP Licence Area.
3.2 The obligation on the NPA to pay the NPA Project Rehabilitation Contribution
to Council is subject to:
(a) the formal signing by all parties of the State Funding Deed;
(b) the land tenure over the HQP Licence Areas being transferred to a
protected area tenure under Council’s control as trustee;
(c) an annual review of the amount required for the Rehabilitation
Contribution by Council and NPA three months before the annual
anniversary of the date of gazettal of protected area tenure over the
HQP Licence Area/s with such annual review to take account of any
third party funds received by either Council, NPA or another party
Page 28 of 65Section 29
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SPECIAL MEETING AGENDA 27 JUNE 2018
where such funds are to be applied to rehabilitation works on the
subject land. Where such funds are received and applied to
rehabilitation works on the subject land, the Council and NPA will
agree that their proportional financial contribution to the rehabilitation
works can be reduced based on those third party funds. For the sake
of clarity, the purpose of this clause is to recognise that both Council
and NPA expect that grant funds from both government or
philanthropic sources for rehabilitation of the HQP Licence Area may
be available thereby reducing the overall cost of for the rehabilitation
works on the subject land and that as such, their total contribution
towards the rehabilitation works will be able to be reduced on a
proportional basis. Any such variations will be made in writing and
agreed to by both parties.
3.3 The Rehabilitation Contribution is to be paid in cleared funds by NPA to
Council in annual tranches calculated in accordance with Clause 3.2 (c) up to
a maximum capped amount as follows:
(a) $125,000.00 exclusive of GST on the first anniversary of the date of
gazettal of protected area tenure over the HQP Licence Area/s.
(b) $125,000.00 exclusive of GST on the second anniversary ofthe date
of gazettal of protected area tenure over the HQP Licence Area/s.
(c) $125,000.00 exclusive of GST on the third anniversary of the date of
gazettal of protected area tenure over the HQP Licence Area/s.
(d) $125,000.00 exclusive of GST»on the fourth anniversary of the of
gazettal of protected area tenure over.the HQP Licence Area/s.
(e) $125,000.00 exclusive of GST on the fifth anniversary of the date of
gazettal of protected area tenure over the HQP Licence Area/s.
(f) Council must.provide NPA with a tax invoice a minimum of 30 days
beforethe due date forthe amount of each tranche of the NPA Project
Rehabilitation Contribution.
3.4 Notwithstanding the provisions of Clause 3.3, should the date of gazettal of
protected area tenure over HQP Licence Areas occur prior to the final NPA
Project Contribution being paid, the NPA Project Rehabilitation Contribution
payments will commence 12 months after receipt by Council of the final NPA
Project Contribution.
4. USE OF NPA FUNDING BY COUNCIL
4.1 Council must use the NPA Project Rehabilitation Funding (which may include
associated project management and land use management costs within the
project area) towards funding the rehabilitation of parts of the HQP Licence
Area.
4.2 It is recognised that subject to agreement by all parties to the State Funding
Deed, that deed provides an option for Council to offer to pay a financial
contribution towards the cost of rehabilitation of harvested and fallow areas
within the HQP Licence Area and allow transition of the HQP Licence area
direct to National Park in lieu of a protected area tenure under the NCA with
Council as trustee. In the event that this occurs, the requirements in relation
to the Project Rehabilitation Contribution to Council will not apply and the
Page 29 of 65Section 30
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SPECIAL MEETING AGENDA 27 JUNE 2018
parties agree to jointly negotiate with the State as to the quantum of any
financial contribution.
5. GST
5.1 Words defined in the GST Law have the same meaning in this clause 5.
5.2 If a party is required under this Deed to reimburse or pay to another party an
amount calculated by reference to a cost, expense, or an amount paid or
incurred by that party, the amount of the reimbursement or payment will be
reduced by the amount of any input tax credits to which that party (or an entity
on whose behalf the party is acting) is entitled in respect of any acquisition
relating to that cost, expense or other amount.
5.3 If GST is payable by an entity (Supplier) in relation to any supply that it makes
under or in connection with this deed, the parties agree that:
(a) any consideration (including «the value of any non-monetary
consideration) provided for that supply under or in connection with this
Deed other than under this;clause 5.3 (Agreed Amount) is exclusive of
GST;
(b) an additional amount will be payable by the party providing
consideration for that supply (Receiver) equal to the amount of GST
payable by the Supplier on that supply;
(c) the additional amount is payable at the same time as any part of the
Agreed Amount is to be first provided for that supply and the Supplier
will provide a tax invoice tothe Receiver in respect of that supply, no
later than that time; and
(d) to the extent, if any, that any consideration (or part thereof) is specified
in this Deed to be inclusive.of GST, that consideration (or the relevant
part) will-be excluded from the Agreed Amount for the purposes of
calculating the additional amount under clause 5.3(b).
6. GENERAL PROVISIONS
6.1 Governing law
(a) This Deed is governed by the laws of Queensland and the
Commonwealth of Australia which are in force in Queensland.
(b) The parties submit to the jurisdiction of the Courts of Queensland,
relevant Federal Courts and Courts competent to hear appeals from
them.
6.2 Binding on successors
This Deed shall be for the benefit of and binding upon the parties and their heirs,
executors, Successors and permitted assigns.
6.3 Assignment
Neither party may transfer, assign or otherwise dispose of their interest in this Deed
without the prior written consent of the other party, which consent must not be
unreasonably withheld.
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SPECIAL MEETING AGENDA 27 JUNE 2018
6.4 Attorneys
Where this Deed is executed for a party by an attorney, the attorney by executing it
declares that the attorney has no notice of revocation of the power of attorney.
6.5 Waiver
No waiver by a party of a provision of this Deed is binding unless made in writing.
6.6 Severance
If a provision of this Deed is void or unenforceable it must be severed from this Deed
and the provisions that are not void or unenforceable: are unaffected by the
severance.
6.7 Time of the essence
Time is in all cases and in every respect of the essence of this Deed.
6.8 Further assurances
The parties must execute and deliver all documents.and must do all things as are
necessary for the complete performance oftheir respective obligations under this
Deed.
6.9 Entire understanding
(a) This Deed contains,the entire-understanding and agreement between
the parties as to the subject matter of this Deed.
(b) All previous negotiations, understandings, representations, warranties,
memoranda or commitments about the subject matter of this Deed are
merged in this Deed and are of no further effect.
(c) No, oral explanation»or information provided by a party to another
affects the meaning or interpretation of this Deed or constitutes any
collateral agreement, warranty or understanding.
6.10 Counterparts, fax and email
This Deed may be executed in any number of counterparts and when executed
communication of the fact of execution to the other parties may be made by sending
evidence of execution by fax or email.
6.11 Contra proferentem
The contra proferentem rule and other rules of construction will not apply to
disadvantage a party whether that party put the clause forward, was responsible for
drafting all or part of it or would otherwise benefit from it.
6.12 Costs
The parties must bear their own costs of and incidental to the negotiation, preparation
and execution of this Deed.
Page 31 of 65Section 32
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SPECIAL MEETING AGENDA 27 JUNE 2018
6.13 Cumulative rights
The rights and remedies of a party to this Deed are in addition to the rights or
remedies conferred on the party at law or in equity.
6.14 Dispute resolution
(a) If a dispute arises in connection with this Deed then a party may only
deal with that dispute in the manner set out in this clause.
(b) A party to a dispute which arises in connection with this Deed may
give to the other party or parties to the dispute a notice specifying the
dispute and requiring its resolution under this.clause.
(c) Within 14 days after a notice is given under clause 6.14(b) (or such
longer period as is agreed in writing by the parties to the dispute) each
party to the dispute must use its best efforts to resolve the dispute in
good faith.
(d) If despite the parties’ best-efforts a dispute is not resolved within 14
days after notice a partysmay by notice to the other party or parties to
the dispute refer the dispute for mediation in accordance>with the
Mediation Rules of The Institute of Arbitrators and Mediators Australia.
The mediation will be conducted, by a mediator to be appointed by
agreement of thesparties or in default of agreement to be appointed by
the President of the Queensland Law,Society or his nominee at the
request of a party.
(e) If the_dispute is not resolved withinn28 days after the appointment of
the mediator any party may take legal proceedings to resolve the
dispute.
(f) The provisions of this clause do not prevent any party from obtaining
any injunctive;.declaratory or other interlocutory relief from a Court
which may be urgently required.
Page 32 of 65Section 33
SPECIAL MEETING AGENDA 27 JUNE 2018
Page 33 of 65
SPECIAL MEETING AGENDA 27 JUNE 2018
Schedule 1 Project
The Project is the proposed Yurol and Ringtail Forest Conservation Project.
The Association’s vision which led to the development of the concept of the Project is that
no later than 2030, at least 90% of the 2,400 ha of land (approximately) within the current
Yurol and Ringtail State Forest areas will have transitioned to National Park under the
Nature Conservation Act 1992, formally connecting the Cooloola section of the Great Sandy
National Park with the Tewantin National Park and permanently protecting this highly valued
Koala corridor and environmentally significant land for the benefit of the Noosa and broader
Queensland community as well as interstate and international visitors.
In that context Council formalised the concept of the Project which at a headline level is
intended to comprise and/or achieve as the case may be:
e Areas of these State Forests not subject to Plantation Licence or required for the
next five years for State purposes to be transferred direct to National Park.
e Council, the State and the Noosa Parks Association together funding a payment to
HQP in return for which HOP will:
o immediately cease hardwood logging in the HQP Licence Area;
© progressively over 5 years wind up its pine harvesting in the HQP Licence
Area; and
o Ata time or times to be agreed but in any event within 5 years surrender the
HQP Licence and permanently cease harvesting in the HQP Licence Area;
e Council obtaining from the State an appropriate.form of protected area tenure over
the HQP Licence Area;
e Council appropriately rehabilitating the HQP Licence Area over a period intended to
be not more than 5 years; and
e Atthe end of the rehabilitation period the conversion by the State of the rehabilitated
HQP Plantation Area-to National Park. for environmental conservation purposes.
Page 33 of 65Section 34
SPECIAL MEETING AGENDA 27 JUNE 2018
Page 34 of 65
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“ a Seal k eeSection 35
SPECIAL MEETING AGENDA 27 JUNE 2018
Page 35 of 65
SPECIAL MEETING AGENDA 27 JUNE 2018
Schedule 3 = State Funding Deed
Page 35 of 65Section 36
SPECIAL MEETING AGENDA 27 JUNE 2018
Page 36 of 65
SPECIAL MEETING AGENDA 27 JUNE 2018
Executed as a Deed
Signed, sealed and delivered for and on
behalf of Noosa Shire Council ABN 97 969
214 121 in accordance with the Local Signature
Government Act 2009 (Qld) by: Date:
a person duly authorised to act in that behalf
in the presence of:
Signature of Witness
Name of Witness in full
Signed for and on behalf of Noosa Parks a lO ———CS
Association Incorporated;ABN 18 870 049 Signature of President/Treasurer or
909 by: . .
other person duly authorised to act in
that behalf
Full name of President/Treasurer or
other person duly authorised to act in
that behalf
Date:
In the presence of:
Signature of Secretary
Signature of Witness —
Full name of Secretary
— vy ti(i‘iOSO OT Date:
Name of Witness in full
Page 36 of 65Section 37
ATTACHMENT 4
UPDATED PROJECT RISK REGISTER: YUROL AND RINGTAIL FOREST PROPOSAL DATE OF REVIEW 1 JUNE 2018
Risk Description of Risk and impact on project Main Existing Controls Consequence level Likelihood Risk rating Risk Date of Future treatment required / Action items Expected timeline for Risk owner
No. (Insert description of identified risk, triggers, cause and Consequence (briefly outline existing controls currently in place to mitigate risk (if any)) (identify using matrix level (enter rating using movement previous (briefly outline future treatment to reduce risk (if any) to an acceptable level) and identify expectations that treatment will have on future treatment/ or (identify position within branch
potential impact on project objectives. Consider also risk of Category for existing controls) (identify using the matrix by (movement in review risk) next review responsible for managing risk
failing to pursue an identified opportunity, if any) matrix for reviewing risk rating from and treatment)
(select for
identified risk) existing controls) consequence x previous
likelihood)
review)
1 Political will at the State Government level Project Risk that if project momentum is not maintained issues may arise that impact State Government's ability and willingness to proceed. Also, significant delay Medium Possible M53 Decrease Oct-17 Continue to progress all aspects of the project in Council's control / responsibilities to ensure Council is ready to Jul-18 Council / CEO
resulting in delay deliverables may also reduce will of HQP. proceed as soon as possible.
Delay associated with internal progress and
approvals at the State Govt level could negatively The signing of the formal MOU in October 2017 provides some security for the project (whilst acknowledging it is
impact the will of project parties. not legally binding).
Risk that long delay could impact on grant funding The sooner parties can sign off a Funding Deed and make media releases the more difficult it will be from a
opportunties if independent parties are ready to go. political perspective for any Govt to stop the project.
2 Financial risks associated with reliance on NPA Financial Risks associated with this component of the agreement have been identified and included in financial modelling scenarios. Financial analysis of NPA Major Possible H73 No change Oct-17 Confirmation from NPA that its members are formally on-board with the project would provide some comfort that Jul-18 Project Group
for future funding financial statements have been undertaken, which indicate contributions beyond the initial $500K are not assured. the organisation is committed to the long term nature of this project, which will utilise a significant portion of its
Inherent risks with entering into agreement with NFP finances.
organisation that is high value and extends over Formal draft funding agreement has been drafted by Council's Lawyers for assessment. Despite this, Council must be aware that when signing off this project
multiple financial years. that financial contributions of NPA beyond the initial $500K to the State are not certain and options for Council to enforce funding agreement are limited. Application to be lodged for State Treasurer approval for Council to enter into an agreement with NPA (Statutory
Bodies Finanancil Arrangements Act - Type 1 Financial Arrangement) through the the State Department of
Approval is also required from the State Treasurer under the Statutory Bodies Financial Arrangements Act for Council to enter into the agreement with NPA. Infrastructure, Local Government and Planning.
3 Failure to address Native Title implications and Project Legal advice has confirmed that Native Title is not extinguished over the project area. Accordingly, it is consider that the area will form part of regional Medium Possible M52 No change Oct-17 Future discussions with Indigenous Groups and State Departments required to determine desired use for the site Ongoing Project Group and
other future land use matters including failure to deliverables Indigenous Land Use Agreement negotiations. These are not considered to be high impact on the area. once protected. E.g. Mountain Biking, Indigenous Food trails etc. Transition Committee
identify opportunities to promote responsible
community use of the area PEO to liaise with National Parks re future recreational use particularly in relation to Noosa Trail network and
Failure to identify and promote opportunities for Noosa Bird Trail.
responsible Community Use of the project area
reduce value to the Community of the project Draft management plan for site will need to be developed and should involve community consultation etc. and
link with Council's Sport and Recreation Plan.
4 Risk of cost shifting from State Government to Financial / From negotiations undertaken between State, Council, NPA and HQP it is confirmed that but for the financial contribution of Council and NPA for the project Medium Possible M52 Decrease Oct-17 Education to the community via media release etc. if formal signoff is obtain to proceed should be undertaken to Ongoing Project Group
Council or perceptions of cost shifting - Given Reputational the project would not proceed. counter any negative perceptions.
that the ultimate aim of the project is for project land
to be transferred to National Park there is a risk of The project accelerates the protection of the land, which otherwise may not be protected for a significant amount of time.
the perception that Council via taking on the
responsibility for rehabilitation is cost shifting by the
State Government to support its National Park
Strategy.
5 Physical Environmental Risks impacting on Environmental Risk of bushfires, drought, pest etc. could impact significantly on Council's Rehab timeline and effectiveness. Limited controls available to reduce this risk Medium Possible M52 Decrease Oct-17 Ensure fire trails are maintained throughout life of the project and rehab is monitored closely to maximise Ongoing Environmental Services/
Council's Rehab however, it should be noted for completeness. Considered that Council's active rehab obligations end at 5 years after becoming trustee. environmental benefits. Parks and Natural Areas.
Risk of environmental factors on rehab component Also considered that such events are part of the natural cycle and difficult to avoid.
timelines.
6 Desired Koala Outcomes associated with the Environmental / Initial investigation indicate that project area is in the regional Koala corridor and interest on funds held in trust for 5 years will be utilised for Koala projects in Medium Possible M52 No change Oct-17 It is considered important that Koala research projects are commenced early in the project so that benefits can Ongoing Principal Environment
Project are not achieved Reputational the area. be realised as soon as possible. Officer / Transition
Committee
Given the Koala focus of this project there is a high Noted that the State has proposed to utilise interest earned on partner funds held in trust to be used only for
reputational risk for project parties if Koala's are not Koala related grant projects in the Noosa area.
benefited by the rehab and protection of the land.
Education component with respect to management community expectations is also important. Note that the
7 Internal Resources Required to manage addition Financial It is anticipated that unplanned management events will occur such as indiscriminate access, camping, bushfire and rubbish disposal which will all place Medium Possible M52 No change Oct-17 Ongoing monitoring once tenure transitions. Ongoing Project Group
Conservation Park by Council are underestimated additional responsibilities on environment services/natural areas staff. However, impact on Environmental Team and Parks and Natural Areas have been
Failing to accurately identify impact of managing the included in Council's costs estimates peer reviewed by LandCare and included in financial modelling. Local laws have confirmed limited impact on Additional plannning required from Environmental Services Team to ensure resrouces and capacity is in place to
project area on the Environment and Parks and resources as a result of expanding area of responsibility to include the additional area within responsibility. participate in transition committee and associated matters durign 18/19. Needs to be included in branch plan etc.
Natural Areas teams could put pressure on current
capacity, which may lead to request for further
resources.
8 Council and NPA reputational risks Political nous and management from CEO and Council regarding managing community expectations and setting up clear boundaries regarding extent of Medium Possible M52 No change Oct-17 Appropriate media statements pending project proceeding. Nov-17 CEO/Council
Political / Reputational Risk associated with Noosa project parties responsibilities and relationship of transactions.
Council being part of a significant multi party
agreement with Noosa Parks Association, which Formal MOU and subsequent agreements will be transparent and available for publication.
involves significant long term commitment.
9 Confidentiality / Media Attention It was agreed at meeting at DEHP on 9 June 2017 that no parties would contact the media until further notice. State Government would coordinate a draft Medium Possible M52 No change Oct-17 Project Parties and State Government to prepare media release in due course in accordance with agreed MOU Sep-17 CEO/Council/Officers
Given the large number of parties involved (some media release in due course to be signed off by all project parties before release. and agreement involved in the project
with Commercial Interests) and the large number of
people/stakeholders who this project could impact on Initial Council approval meeting is being held confidentially.
it is important that media is not informed about the
project until such time that parties are in some sort of
10 Failure to identify opportunities to reduce rehab Financial / Council Project team and Transition Committee must explore opportunities to reduce costs further. Medium Possible M52 Decrease Oct-17 Opportunities to reduce costs must continued to be explored throughout the project. Further research re Carbon Ongoing Project Group
costs and maximise value of the project Reputational offset opportunities, third party not for profit assistance e.g. land care, green army etc., Koala sanctuaries.
Risk of not identifying/exploring opportunities to Council must ensure that opportunities to reduce rehab costs are explored well in advance of commence formal rehabilitation e.g. environmental grants, good
reduce rehab costs to Council through the life of the Corporate Citizen projects etc. Future federal funding opportunities may be available such as under 20 Million Trees program.
project leads to negative financial consequences.
Initial investigations have been undertaken with respect to potential carbon and environmental offset opportunities for the project.
Page 37 of 65
Section 38
11 Inadequate Concept selection Financial / Confirmation that project aligns with Council's Corporate Plan Theme - The Noosa Environment -" Our Environment is protected, enhanced and valued by our Medium Unlikely M48 Decrease Oct-17 Once project details have been finalised and approved by Council and project parties have finalised MOU, Nov-17 Project Group
Risk that initial pre-feasibility and feasibility stages of Reputational Community" "The Noosa Natural Environment is protected and enhanced". announcements can be made to the public highlight the environmental significance and value of this project in
the project were not adequately investigated, which accordance with agreed project protocols.
may lead to the organisation becoming bound to a Extensive research has been undertaken by a number of project parties to ensure that Project concept aligns with desired outcomes - permanent protection
long term project that may not be aligned to strategy of the project area into National Park for Community benefit. Investigations include;
and produce desired outcomes. (risk include,
financial, reputational) 1. Recommendations from the DEHP regarding the natural values and existing uses of Ringtail and Yurol State Forests.
2. Preliminary guidelines developed by DEHP for restoring plantation areas of Yurol and Ringtail State Forests.
3. Environmental Reports from DEHP of project area confirming the environmental value of the project area if protected.
4. Internal Council analysis by Environmental Officers and Parks and Natural Areas Coordinator also confirm the environmental value and significance of the
project.
5. Environment Levy Working Group have confirmed the environmental merits of the project.
The above investigations confirm that the project from an environmental perspective would align to the objectives of the Environment Levy Policy and
Council's Environmental Strategic Values.
Project of regional significance - linking the National Park Corridor. In terms of financial, environmental and community value - the vast size of the project
area that would be protected as part of the project is much greater than recent acquisitions under the environment levy of Johns' landing (40Ha) $2.2M and
Franz Land (80ha) $2.7M. Project area - PLA 1,482 HA and State Forest 1,100HA to transition to National Park. End game is that project area is permanently
protected under National Park. Total cost to be divided between State, Council and NPA to pay HQP to walk away from all plantations in the area within 5
years is $3.5M. Cost comparisons of this project with previous per HA acquisitions under the Environment levy indicate this project provides great value for
use of the environment levy in terms of the amount of land permanently protected against costs.
But for this project, 2409Ha of land with regional National Park connectivity would remain exposed to future logging for a significant amount of time.
12 Project fails to meet community expectations - As Reputational Medium Unlikely M48 Decrease Oct-17 Dec-17 Principal Environment
this is a new project concept in respect of use of Officer.
Environment Levy Funding there is the possibility Preliminary project briefings have been presented to environmental levy working group, LT and Council. Council has included 'Pursue potential Yurol and Education component regarding rehab and management plan for the area will need to be developed in due
that project outcomes will not meet community Ringtail Forest Environmental Project' in the 17/18 Operational Plan. course should project proceed.
expectations.
It is noted that project aligns with Council's sustainability principles, particularly in terms of environmental opportunities. Acknowledge that the Noosa
Community is in favour of environmental protection of the Region given its environmental, community and economic benefits.
13 Tenure pathways and certainty for project parties Financial / Project Legal advice has been obtained from both Council's Lawyers and Crown Law, which have confirmed transactional documents can be drafted that are Medium Unlikely M48 Decrease Oct-17 Formally signing of MOU by parties and subsequent binding Legal agreement (including NPA funding agreement) Nov-17 CEO/Principal
cannot be obtained Deliverables enforceable and will protect various parties interests. At the end of the day, if Council's tenure requirements are not by the sunset date, which is set at 7 needs to be approved and signed off before funds are transferred. Environment
Failure to obtain binding and enforceable agreement, years, contribution funds will be returned to Council. Officer/Governance
which suits all parties interest could result in Advisor
significant financial loss and reputational damage. Whilst funds would be returned to Council, significant resources invested in the project in terms of staff etc. would not be recouped.
14 Financial modelling for rehabilitation Project Principal Environment Officer and other Team members have undertaken investigations in respect of future environmental rehabilitation for the site based on Medium Possible M32 Decrease Oct-17 Nov-17 Principal Environment
It is critical that data provided to inform financial deliverables / site inspections, comparable national examples, liaising with relevant experts and State Departments. DEHP studies can be used to inform estimates. There is reasonable assurance based on Council's Due Diligence, LandCare Peer Review and information from Officer.
modelling is accurate and research based. Failing to Finance / State that rehab estimates are reliable.
have accurate data may result in significant financial Reputational Council has engaged Landcare to conduct a peer review of the Principal Environment Officer's rehab assessments to provide assurance on estimated rehab
costs and reputational damage to Council. funding contributions put forward by Council. Additional control will be to ensure that formal legal agreement caps Council's rehab requirements at 5 years.
Obligations have also been included in the draft MOU that Council's active rehab obligations and responsibilities cease at 5 years as Trustee of Conservation
Park.
Oct-17
Completed by - Project Group, 1 June 2018
Page 38 of 65
Section 39
SPECIAL MEETING AGENDA 27 JUNE 2018
2 NOOSA COUNCIL'S RESPONSE TO QUEENSLAND'S DIRECTION PAPER ON WASTE
DOCUMENT INFORM AT ION
Author Director Community Services, Alan Rogers
Community Services Department
Index ECM/ Subject/ Waste Management/ Waste Levy
Attachments 1. Transforming Queensland’s Recycling and Waste Industry -
Directions Paper (Note – 46 pg attachment provided separately to this report)
2. Noosa Council’s proposed submission
EXECUTIVE SUMMARY
The Queensland Government has invited submissions on its Transforming Queensland’s
Recycling and Waste Industry - Directions Paper.
The Discussion Paper was released recently in response to the crisis caused by the China
National Sword Policy and the cross border disposal of waste into Queensland from NSW. The
document is broken up into two parts which discuss:
1. The introduction of a $70 per tonne Waste Disposal Levy from January 2019; and
2. The development of a new resource recovery, recycling and waste management strategy
for Queensland.
RECOMMENDATION
That Council note the report by the Director Community Services to the Special Meeting dated 26
June 2018 and:
A. Provide in principle support to the Queensland Government’s plan to introduce a landfill
levy from January 2019 and the development of a new resource recovery, recycling and
waste management strategy for Queensland; and
B. Agree to the submission of Noosa Council’s response to the Directions Paper (provided at
Attachment 2 to the report) and authorise the CEO to make any minor amendments to that
submission.
REPORT
1. Background
In 2018 Queensland’s waste industry has faced several major challenges:
The ABC Four Corners report on the Waste Industry revealed the full extent of waste being
brought from NSW into Queensland due to the cheaper cost of disposal.
The ABC’s ‘War on Waste’ program revealed the extent of glass stockpiling occurring
across the country as a result of a limited reuse market for recycled glass.
The Chinese Government introduced tighter controls on the quality of recycled product that
would be accepted across their borders. This has seriously impacted the market for
Australia’s recycled products, in particular plastics and paper. The consequence of this for
Noosa Council is that the cost of sending comingled recyclables for processing has jumped
from $10 to $60 per tonne. The cost in other jurisdictions has been considerable more, with
Ipswich Council controversially taking the step of publically stating that it would send
recyclables to landfill rather than pay the higher costs.
Page 39 of 65
Section 40
SPECIAL MEETING AGENDA 27 JUNE 2018
These issues compounded the problems already faced by Queensland, which already has one of
the lowest recycling rates of all state jurisdictions.
In response to these unfolding crises the Queensland Government released the ‘Transforming
Queensland’s Recycling and Waste Industry - Directions Paper’.
2. Transforming Queensland’s Recycling and Waste Industry - Directions Paper
It is recommended that Councillors be familiar with the content of the Directors Paper which is
provided as Attachment 1 to the report. The key issues in the document are summarised as
follows:
Part A discusses the landfill levy and the mechanisms for its introduction. The levy will initially be
$70 per tonne and be applied to all general waste streams, including municipal from 1 January
2019. To offset the financial impact on the domestic ratepayer the Queensland Government
plans to provide Councils with an annual advance on levy charges for municipal domestic waste.
The advance is based the previous year’s amount of waste to landfill. The section goes on to
outline the regions impacted by the levy and the methods for collecting fees and legislating the
changes.
Part B discusses the Queensland’s Government’s plans for the future and the use of the levy
money. This includes: setting objectives and targets; investing in infrastructure; compliance and
education; landfill disposal bans on selected waste; product stewardship; exploration of waste to
energy options; national engagement on inter-jurisdictional waste issues; and improved
monitoring and reporting.
Submissions are invited on the Directions Paper and are due by 29 June 2018.
3. Council review and submission
Council’s Manager of Waste of Environmental Health has scrutinised the Directions Paper and
has also attended a meeting of local government stakeholders, facilitated by the LGAQ. A
detailed submission has been prepared and is provided as Attachment 2 to the report. It is
recommended that this submission be endorsed by Noosa Council. The submission states
Noosa Council’s support for the landfill levy and goes on to discuss the following matters in
detail:
1. The methodology for assessing the rebate amount to take into account and reward Noosa
Council’s recent innovations, i.e. the introduction of a garden waste bin across the Shire;
2. The application of the levy with regard to waste from street litter bins, stockpiles of
recyclable material, earth used for landfill operation, self-hauled domestic/commercial
waste, multi-unit developments and bulk kerbside collection;
3. The short timeframe allowed for local government to prepare for the introduction of the
levy; and
4. The Directions Paper discusses the development of waste to energy. This has been seized
upon by the LGAQ which have suggested the construction of large regional waste to
energy plants. It would be Noosa Council’s preference that waste solutions be locally
based and that a range of technologies be explored prior to large scale incineration.
Previous Council Consideration
Nil.
Page 40 of 65
Section 41
SPECIAL MEETING AGENDA 27 JUNE 2018
Finance
The introduction of the levy will increase waste disposal fees for commercial and industrial
operators by $70 per tonne from 1 January 2019. Although the levy fees for domestic ratepayers
will be offset by an advance payment from the State Government, there will still be significant
resources required to administer the levy.
Furthermore, from a Noosa Council perspective the proposed methodology for assessing the
rebate amount does not take into account or reward Noosa Council for its recent innovations
such as the introduction of a garden waste bin across the Shire in 2017/18 financial year which
has already reduced the amount of waste to landfill.
At the LGAQ stakeholder meeting on 7 June 2018, State government officers encouraged
Councils to finalise their budgets by 30 June 2018 and promised to make changes to legislation
to facilitate Councils performing a midterm review of their Revenue Statement (rated waste
charges) for application from 1 January to incorporate funding the costs of the waste levy.
The government has not formally agreed to the proposed amending legislation at the time of
writing this report.
Risks & Opportunities
The introduction of a levy that makes waste disposal to landfill a more expensive option, and
therefore encourages recycling and diversion from landfill is a positive initiative which fits with
Noosa Council’s ‘Towards Zero Waste’ philosophy and the Waste Reduction and Recycling Plan.
Consultation
External Consultation - Community & Stakeholder
Noosa Council’s Waste and Environmental Health Manager attended an LGAQ meeting of Local
Government stakeholders on 7 June 2018.
Internal Consultation
CEO
Director Corporate Services
Manager Financial Services
Waste and Environmental Health Manager
Waste Coordinator
Departments/Sections Consulted:
X Chief Executive Officer X Community Services X Corporate Services
Executive Officer X Director X Director
Executive Support Community Development X Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
X Waste & Environmental Health Revenue Services
Executive Services Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 41 of 65
Section 42
SPECIAL MEETING AGENDA 27 JUNE 2018
DRAFT
Page 42 of 65
SPECIAL MEETING AGENDA 27 JUNE 2018
ATTACHMENT 2
Officer Name: Wayne Schafer
Officer Email:
Phone No: 07 5329 6500
ECM Ref: 20605396
27 June 2018
Directions Paper
Strategic Environment and Waste Policy
Department of Environment and Science
GPO Box 2454
BRISBANE QLD 4001
RE: RESPONSE TO THE DIRECTIONS PAPER “TRANSFORMING QUEENSLAND’S
RECYCLING AND WASTE INDUSTRY”
PART 1. RESPONSE TO SIGNIFICANT ISSUES
Support for Introduction of the $70 Waste Levy
Noosa Council agrees with the introduction of a waste levy provided the money is
hypothecated for improvements in waste management and waste diversion.
Full hypothecation of revenue from the waste levy
Council believes that full hypothecation of the levy should go towards improvement in waste
management, diversion and advanced waste treatment facilities. One of the significant failings
of the levy in other states has been the diversion of waste levy revenue to fund projects that
are not related to waste management, resulting in minimal improvement in the development
of significant infrastructure for zero waste to landfill.
In New South Wales, the reported return to local government from the waste levy is 18% of
the revenue paid. Noosa Council is unsupportive of a similar situation developing in
Queensland over time and requests the government to:
(i) | ensure that all funds collected via the waste levy are required to be applied to waste
management and reduction strategies; and
(ii) provide a commitment that the percentage of funding that will be available to local
government is not reduced in coming years.
It should be noted that the full hypothecation of the waste levy was supported by 90% of
respondents to an LGAQ community survey conducted recently which shows exceptionally
strong support for the waste levy provided it is used exclusively for improvements in waste
management.
Enabling legislation to facilitate mid-year revision of Revenue Statements
Noosa Council also requests the State government to ensure that in implementing the
proposed waste levy, Councils are not disadvantaged due to the timing of the finalisation of
the State's policy on the waste levy. As the State government would be aware, Councils adopt
their budgets around the end of June to enable the issue of rates notices to our ratepayers.
Page 42 of 65Section 43
SPECIAL MEETING AGENDA 27 JUNE 2018
Page 43 of 65
SPECIAL MEETING AGENDA 27 JUNE 2018
2
A Council is required to set its resolutions in relation to rates and charges that appear on the
rates notice at the time it adopts its budget. This covers general rates, special levies, utility
charges and the like that appear on the rates notice and includes the waste utility charge. This
sets out the amount that a Council will charge individual ratepayers (both residential and
commercial) for the collection and disposal of waste from properties.
Under current legislation, a Council is unable to amend its rating resolutions once adopted for
the financial year. Therefore, it is imperative that the State government honours its
commitment to include enabling regulations as part of this reform to enable Councils to amend
their rating resolutions so that Councils can include the additional cost incurred as a result of
the waste levy in its waste utility charge from 1 January 2019.
Note that this provision is not required for a change to gate fees at a waste facility as these
are set through Council's fees and charges which can be changed at any time during the year.
Methodology of assessing annual advance for the domestic waste
Noosa Council has recently introduced a mandated garden waste collection service to all
domestic residents in the populated township areas in September 2017. Given that Council
has been at the forefront of delivering improved domestic waste diversion through this service
it appears that Council will be penalised by the proposed domestic waste refund assessment,
process to be calculated on the previous financial year (2017/18).
Councils who have not been innovative and not yet introduced such a service will attract a
substantial benefit under the proposal compared to Noosa if they implement such a scheme
following the introduction of the levy, whereas Noosa has already reduced its disposal volume
and will not be able to claim for this improvement in diversion for the preceding year.
Council requests that the where a significant diversion program like a mandated green waste
service has been introduced by a local government in the year preceding the introduction of
the levy the Council should be allowed to use 2016/17 disposal volumes as the basis for the
refund of the domestic waste levy.
Heading Page 10 - The levy will have no direct impact on households
With reference to the second dot point on page 10 and the comment, “The formula will be
reviewed in future years.” This comment provides no certainty to local government regarding
the level of cost offset provided in future years and the funds available as a direct cost offset
or available to fund resource recovery. Council requests that either the formula be retained
without alteration, or a clear methodology be developed regarding how the domestic levy will
be reduced over time to give certainty to local government.
With reference to the last dot point on page 10 it makes the comment, “Over time, it would be
anticipated that the relative proportion of payment would reduce as councils re-invest the funds
to achieve greater efficiencies and diversion”. This comment is in direct conflict with the
heading indicating no direct impact on households. With growth in population and the ever
increasing volume of waste generated, these two items are likely to consume any surplus
funds from the 105% advance payment of domestic levy paid to councils. Once a local
government has implemented organic diversion of domestic waste, it is extremely difficult to
gain any substantial diversion of domestic waste without spending significant funds on the
more difficult waste streams which can be diverted. Funds will not be available to meet these
costs to deliver increased diversion as the advance payment for domestic waste reduces.
The government needs to clarify the reality that there will potentially be a direct impact on
households in the future to avoid misleading to the public.
Page 43 of 65Section 44
SPECIAL MEETING AGENDA 27 JUNE 2018
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SPECIAL MEETING AGENDA 27 JUNE 2018
3
Classification of domestic waste at multi-unit/ mixed use development
Council supports multi-unit domestic premises, permanently occupied or rented to be
classified as producing domestic waste, not commercial waste. This should be clarified in the
legislation and Council entitled to the domestic levy rebate.
Government also needs to clarify the classification of mixed use development (i.e. shops
below accommodation units), which are serviced by council’s waste collection contractor.
Domestic and commercial waste on these development sites are often placed into shared bulk
waste bins or wheelie bins for collection. It is not possible to separate the waste charges or
waste volumes at these premises for rating purposes into domestic and commercial. Council
requests that this waste be recognised as domestic waste if the government is to honour the
commitment that there will be no direct impact on domestic premises.
Street litter waste should be exempted from the levy
Council disagrees with the proposal to impose the levy on Street Litter waste and requests
this waste stream be exempted or if not exempted treated as domestic waste.
Many coastal towns and especially Noosa are tourist areas with high influx of visitors who do
not pay rates and dispose of waste into street litter containers. Council has no ability to charge
tourists and day trippers for this disposal.
Further, the government has promised no direct charge on domestic residents. A waste Levy
applied to Street Litter collected from public place waste bins will impose a direct cost on
domestic residents as the cost of litter management is presently included within and recovered
by waste utility charges levied on residents and businesses. The application of the levy on
street litter will therefore indirectly cause the domestic waste collection charges to rise.
Bulk waste collection service to be classified as domestic waste collection
Some Councils including Noosa provide a regular (often annual) bulk waste collection service
to domestic premises through the waste collection contract. Residents who find it difficult to
transport bulky items of waste to a disposal facility are entitled to place these large items out
for collection on the footpath. A large percentage of this waste is recycled such as steel,
Ewaste, timber or useful items that can be restored and sold through our tip shop. Council
requests that any residual waste be classified as domestic waste for waste levy application
purposes.
Local waste diversion and treatment should be supported as well as regional solutions
Noosa Council is proud to be an innovator in waste diversion. The recent introduction of a
mandated green waste service in September 2017 positions council for a future FOGO (food
organics/garden organic) waste collection service. The council is currently pursuing
partnerships to explore how organic waste may be processed. These discussions include the
potential to use an advanced waste treatment facility (anaerobic digester) at a regional sewage
treatment plant.
A successful negotiation will enable council to transport organic waste (food waste and or
mulched green waste) for advanced treatment, to provide a power source (methane from the
digester) and a valuable compost for sale for agricultural use. This local solution to waste
treatment has significant benefits compared to long hauling waste for treatment at a distant
major waste treatment facility proposed by LGAQ.
Page 44 of 65Section 45
SPECIAL MEETING AGENDA 27 JUNE 2018
Page 45 of 65
SPECIAL MEETING AGENDA 27 JUNE 2018
4
While Noosa Council is aware of LGAQ’s proposed initiative to build a series of large and
expensive waste to energy facilities, it does not support that proposal to the exclusion of Noosa
providing local (and lower cost) solutions to diverting a large percentage of its waste. The
LGAQ solution could exclude Noosa from access to waste levy funds and potentially limit any
benefits from a local innovative project.
Given its proven history as an innovator in waste diversion Noosa wishes to register its early
interest in access to waste levy funding to support our local waste reduction initiative.
Reduction in waste generation
Waste generation in Australia is growing at an alarming rate despite the endeavours that have
been made to reduce packaging. The burden of managing this increased waste volume has
been imposed on Local Government and there is a widely held perception that not enough is
being done at the State and Federal level to reduce waste generation.
Reducing waste generation at its source is a significant part of any overhaul of the waste
management industry. Noosa Council requests a much more concerted effort to be
undertaken by all levels of government to reduce the volume of waste being generated by
suppliers, distributors and retailers.
A national approach is required to waste diversion targets and measuring systems
The current situation where each state sets its own waste reduction targets is
counterproductive to the achievement of a unified approach to managing the reduction of
waste and the recycling of resources. It is imperative that the various states and the federal
government work together to develop a national waste reduction strategy with waste reduction
targets applicable to all states. The methodology for measurement of success also requires a
common set of criteria, what is waste and of how each item in the waste stream is labelled.
For example, some states allow the weight of methane generated and flared at landfills to be
deducted from the weight of waste buried in landfill, which is difficult to comprehend.
PART 2. OPERATIONAL CONCERNS
Allowances for stockpiles of recyclable material on hand
The previous waste levy in 2011 incorporated a cumbersome and time consuming method of
calculating existing stockpiles of recyclable materials pre and post introduction of the levy.
Council requests that recyclable stockpiles held at landfill sites be removed from any
calculations related to the waste levy and it apply exclusively to waste disposed to landfill.
Material used for day covering waste and final capping
Disposal facilities use a range of material for the covering waste disposed to landfill. This
includes:
e Clean inert soil for day cover
e Ground timber waste and occasionally green waste for erosion control on batters and
sloping surfaces
e Final capping of cells with clay and clean soil to promote vegetation or provision of turf.
The government needs to clearly articulate that these products are exempt from the levy as
they are not waste but protective environmental initiatives to ensure efficient operation of the
disposal facility. Imposition of the levy to any of these materials will result in minimising the
amount of these material used with resultant degradation in landfilling operation.
Page 45 of 65Section 46
SPECIAL MEETING AGENDA 27 JUNE 2018
Page 46 of 65
SPECIAL MEETING AGENDA 27 JUNE 2018
5
Self-haul domestic waste
Noosa requests confirmation that self-haul domestic waste be included in the calculations for
assessment of the 105% rebate for domestic waste. Any application of the waste levy without
a rebate will result in an increase in household waste disposal costs which is in conflict with
the stated objective of no direct impact on domestic waste.
Council’s waste contractor collects domestic and commercial waste in the one vehicle
The government needs to recognise that Noosa Council’s waste contractor collects a mixture
of domestic and commercial waste in the same vehicle. This poses some challenges regarding
the calculations of the percentage of domestic and commercial waste being collected and how
to impose the levy with regard to the domestic waste volume which is subject to the advance
financial payment by the government. This matter needs further exploration, as requiring
separate collection of domestic and commercial waste will result in collection inefficiencies in
high profile tourist areas and higher contracted collection costs thus resulting in an increase
in household waste disposal costs.
Development timelines for introduction of the levy
The speed of the introduction of the waste levy has been a source of concern for local
government given its ability to only set utility charges once a year. Local government has a
significant task in preparing for the levy commencing 1 January and clearly requires the
appropriate legislation and methodology for implementation to allow appropriate time for
adoption of the levy. Councils require significant time for:
° Revision of the levy costs and adjustment of revenue statements for utility charge
changes
° Staff submissions to Council meetings and adoption of Council resolutions
° Adjustment to fees and charges schedules by resolution
e Amended signage at disposal facilities
° Communications to inform stakeholders, contractors and residents to prepare for paying
the new charges
° Identification of commercial and domestic premises in council systems and applying
increases in the waste collection charges
° Implementing changes to IT systems to facilitate communication between Local
government disposal sites and state government recording systems
The state government must give local government ample time to prepare for the levy and
provide at least 3 months’ notice of approved policy and enabling legislation.
Supervised rural transfer stations with no weighbridge
Noosa Council has two supervised rural transfer stations that do not have a weighbridge and
receive both domestic and commercial waste. How does the government propose that a
suitable charge be levied at these facilities given the facility does not have a weighbridge for
weighing waste and the levy to be imposed is calculated by weight ($70 per tonne)? This
needs to be clearly articulated in the enabling legislation or accompanying policy.
Exempted waste
Council agrees with the list of waste material that will be exempted from the levy but asks that:
° Street litter be included as detailed elsewhere in this submission.
° Non-recyclable waste left at CDS collection facilities be included as exempt.
Page 46 of 65Section 47
SPECIAL MEETING AGENDA 27 JUNE 2018
Page 47 of 65
SPECIAL MEETING AGENDA 27 JUNE 2018
6
If you would like any further clarification of the information presented in this submission, or
wish to explore other initiatives, please do not hesitate to contact Wayne Schafer, Council’s
Manager of Waste and Environmental Health.
Yours faithfully
Brett de Chastel
Chief Executive Officer
Page 47 of 65Section 48
SPECIAL MEETING AGENDA 27 JUNE 2018
3 UPDATE TO THE CORPORATE PLAN
DOCUMENT INFORM AT ION
Author Chief Executive Officer, Brett de Chastel
CEO’s Office
Index ECM/ Subject/ Corporate Planning
Attachments 1. Draft Corporate Plan 2017-2037 (June 2018 update)
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Chief Executive Officer to the Special Meeting dated 27 June
2018 and adopt the draft Corporate Plan 2017 – 2037 (June 2018 update) provided at
Attachment 1 to the report for the purposes of public consultation.
REPORT
1 Introduction
As Council will recall, in 2016 we undertook an extensive planning process to develop our current
Corporate Plan. A Corporate Plan is the Council's overarching planning document which guides
long-term decision-making. The process to develop our Corporate Plan included:
A series of Council workshops facilitated by futurist Steve Gould;
Input from the Executive Team and Managers;
Feedback from the community via Council’s community engagement platform, Your Say
Noosa;
Feedback from Council staff (including the specific wording for Council values); and
Development of a long-term vision – “Noosa Shire – Different by Nature”.
Following community consultation, the current Corporate Plan was adopted by Council on 19
January 2017. The Corporate Plan contains 5 key themes which identify both long-term goals
(20 years) plus short-term key focus areas (5 years). The 5 themes are:
1. The Noosa Environment
2. The Noosa Community
3. The Noosa Economy
4. Long term planning for Noosa Shire
5. Excellence as a Council
Council's Operational Plan (which is adopted each year as part of Council’s budget process)
uses these 5 themes to identify key projects that will advance the achievement of our Corporate
Plan goals. This ensures alignment between our long-term planning as set out in the Corporate
Plan and our short-term projects/resources as set out in our Operational Plan and Budget.
Page 48 of 65
Section 49
SPECIAL MEETING AGENDA 27 JUNE 2018
2 Progress to date
In July 2017, Council received a report from the CEO on progress with our Corporate Plan. At
that time, a significant amount of work had already been done in relation to addressing some of
the key focus areas in the 5 themes. The next report to Council outlining our progress towards
our Corporate Plan goals will be completed in July 2018.
3 Mid-term review and Corporate Plan update
In February 2018, Council commenced a process to update its current version of the Corporate
Plan. To date, the current Corporate Plan has served us well. However, it is always useful to
review a Corporate Plan every 2 years or so to ensure it remains relevant. The midpoint of this
Council term has provided an opportunity to undertake that review. A further review will likely be
undertaken following the next election in 2020.
There are a number of changes proposed as a result of this update to our Corporate Plan based
on feedback from Councillors and the Executive Team. Unfortunately, it is not possible to provide
this document in “revision mode” showing each change due to the format of our publishing tool
for this document. The following summary is provided in lieu.
What isn't changing?
There is no change to our Council vision, values or purpose;
There is no change to our corporate planning framework; and
There is no change to the overall structure of our 5 themes.
What are proposed changes?
An acknowledgement of country and the Kabi Kabi people as the traditional custodians has
been included;
Statistical information (demographics, economic data etc) has been updated;
Updated language in the key focus areas to reflect current status. For example, in our first
version of the Corporate Plan, there were quite a few references to “adopt xyz
strategy”. Where such strategies have subsequently been adopted, the reference now is to
“implement xyz” strategy. An example would be the Zero Emissions Strategy;
Refining the various key focus areas to reflect current priorities;
Improving the grammar/readability and consistency of language across the document;
Adding a new section on development of a hierarchy of performance indicators; and
Refining the wording of our 20 year goal for the Noosa Environment. The previous version
was “Our environment is protected, enhanced and valued by the community”. The proposed
new wording is “Our environment is protected and enhanced, as well as being valued by the
community”. There are no other changes to the wording in our defined goals.
4 Next steps
This report is being provided to Council to seek approval to proceed to community consultation
on this updated version of our Corporate Plan. It is proposed to undertake this via Council’s
online community engagement platform, Your Say Noosa. The changes proposed are not
significant, hence the reference to an update to our existing Corporate Plan rather than a new
Corporate Plan.
Any feedback from our community will be reviewed and a further report provided to Council. In
the meantime, our existing Corporate Plan continues to apply.
Page 49 of 65
Section 50
SPECIAL MEETING AGENDA 27 JUNE 2018
Previous Council Consideration
Ordinary Meeting, 19 January 2017, Item 13, Page 22
That Council note the report by the Chief Executive Officer to the General Committee Meeting
dated 16 January 2017 and:
A. Adopt the Corporate Plan 2017 to 2037 provided at Attachment 1 to the report;
B. Use the new Corporate Plan to inform the development of the 2017/18 Operational Plan
and Budget;
C. Request the CEO to provide feedback and thanks to those who provided comment on the
draft Corporate Plan; and
D. Authorise the CEO to make any minor grammatical and format changes to the Corporate
Plan if required including a change to page 5 to replace the words “the population cap” with
“a population carrying capacity”.
Finance
The Corporate Plan assists in defining priorities for the allocation of Council resources. Decisions
made during the budget process (for example, key projects in our Operational Plan or Capital
Program) reflect the priorities in our Corporate Plan.
Risks & Opportunities
The Corporate Plan identifies the opportunities for our Council to achieve our long-term goals. It
also helps manage risk by providing a framework for long term decision-making.
Consultation
External Consultation - Community & Stakeholder
Community consultation was undertaken when the original Corporate Plan was developed in late
2016. It is proposed to undertake community consultation with this update of the Corporate Plan.
Internal Consultation
The Mayor, all Councillors and the Executive Team participated in the mid-term review and were
invited to provide feedback on the draft Corporate Plan.
Departments/Sections Consulted:
X Chief Executive Officer X Community Services X Corporate Services
Executive Officer X Director X Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
X Executive Services X Environment & Sustainable Development X Infrastructure Services
X Director X Director X Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 50 of 65
Section 51
SPECIAL MEETING AGENDA 27 JUNE 2018
ATTACHMENT 1
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Page 51 of 65
SPECIAL MEETING AGENDA 27 JUNE 2018
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SPECIAL MEETING AGENDA 27 JUNE 2018
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Page 52 of 65
SPECIAL MEETING AGENDA 27 JUNE 2018
Acknowledgement of country X
Noosa Council would like to respectfully ac ledge i§Kabi people as the traditional
custodians of the lands and waters that form the region we ca osa. Council pays its respects
to elders past, present and fu elcome ongoing role that indigenous people play
within the Noosa communit
© Noo D
www.noosa.qld.go
General Enquirie
By telephone: 5329 6500
By email: [email protected]
Fax: (07) 5329 6501
Street Address: 9 Pelican Street, TEWANTIN
Postal address: PO Box 141, TEWANTIN QLD 4565
Endorsed by Noosa Council 19 January 2017. Update endorsed by Noosa Council Xxxx
am NOOSA Noosa Council | Corporate Plan 2018-2038
mM COUNCIL Page 2
Page 52 of 65Section 53
SPECIAL MEETING AGENDA 27 JUNE 2018
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Page 53 of 65
SPECIAL MEETING AGENDA 27 JUNE 2018
Introduction 4
The Noosa Shire story 5
Noosa Vision 2037 7
Our purpose 8
Corporate Planning Framewor 9
Achieving our goals 10
Theme 1: The No nt 10
Theme 2: oosa Community 11
Theme oosa Economy Tz
Theme 4: g te lanning for Noosa Shire 13
Th ellence as a Council 14
Mon won ance 15
Page 53 of 65Section 54
SPECIAL MEETING AGENDA 27 JUNE 2018
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Page 54 of 65
SPECIAL MEETING AGENDA 27 JUNE 2018
Introduction
The Noosa Shire Council was created in 1910 under This Corporate Plan is supported by an annual
the Queensland Local Authorities Act of 1902. In Operational Plan that Council will adopt each year as
2008, the Shire was amalgamated with Maroochy part of its budget process. The Operational Plan sets
and Caloundra Councils into the Sunshine Coast out specific projects that will be undertaken to turn
Regional Council. It was re-established as a local the key focus areas in this Corporate Plan into reality.
government on 1 January 2014 after the Noosa
community campaigned for a number of years to This Corporate Plan is also supported by the
restore its own local government. In 2014, Noosa adoption of Council's annual budget. The budget
Council's first Corporate Plan was adopted to lay the process identifies how Council allocates resources
foundations for the new Council. This is the second towards specific projects that contribute to the long
Corporate Plan developed by Noosa Council. term vision while maintaining Council's financial
sustainability objectives.
This Corporate Plan consists of:
/ Council alsorreports each year via its annual report
* The Noosa Shire Story — where we have come on progress towards achieving the long term vision in
from this Cofporate Plan.
* Our twenty year vision for the Noosa Shire,
reflecting our long term planning horizon - an This Corporate Plan sets a vision for the next 20
approach that has historically set Noosa apart years for tha Noosa Shire. A review of the Corporate
from many other places Plan.will-be undertaken in 2021.
* Our Council's purpose — defining what we believe
is our Council's role
* Our way of operation — how our staff believe we
should go about our business.
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5 1 1 1 40 3 1640 2815 72 16 96 Noosa
5 1 1 1 40 4 1723 2815 87 17 93 Council
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5 1 1 1 40 6 1835 2814 116 18 95 Corporate
5 1 1 1 40 7 1964 2814 48 17 95 Plan
5 1 1 1 40 8 2024 2814 126 18 96 2018-2038
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5 1 1 1 42 3 2138 3315 43 35 95 of
5 1 1 1 42 4 2194 3316 49 34 96 65Section 55
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Where we have come from During the 1990S and 2000s, Noosa Shire also
focused on building community capacity. This
Noosa Shire covers an area of 870 km?. The land is included the development of major community
Kabi Kabi land and was looked after for thousands of infrastructure such as libraries, an aquatic centre
years by the Kabi Kabi people. and sporting facilities.
The early settlement period saw a focus on timber However, the focus was “on more than just
and fishing as well as being a gateway to the Gympie community infrastructure. There was significant
goldfields. focus on community engagement, with the Noosa
community becoming intimately involved in decision
It was during the 1980s and 1990s that the current making together with the Council. Also during the
Noosa Shire story began to emerge. 2000s, the focus began to include the diversification
. , Of the Noosa €conomy. This was a natural evolution
a ay coastal pee Noosa was fig towards an emphasis on the triple bottom line. The
choices about how it would develop. The 19¥mS Shire developed its first economic plan and sought
and 1990s saw significant eg@Siatal battle to encourage smart industries that would reduce our
where the Noosa community fought to retain Noosa reliance on tourism
Shire as a unique place unfettered’ by rampant
development. There was a real sense of alignment between the
; ; Council and the community in the 2000s. This was
These environmental battles defined that period and highlighted when the State government decided to
culminated in the 1997 Strategic Plan, This provided amalgamate Noosa Shire with shires to the south.
@ town plaayng frameweg jo enSthat Noosa The Noosa community fought to stop that decision
would differentiate itself from other places. in 2008 and rallied to protect their Shire. Despite
: s : failing to win the initial campaign in 2008, the Noosa
The concept of,a population Carrying capacity was Ys. ; :
5 : 4 ooh aie community did not give up and continued the fight for
introduced together with height limits on buildings. ‘ ; ; ‘ :
; % . what they believed in. This culminated in the Noosa
Noosa Shire focused,onethe “Noosa look and feel ’ : i
: : Shire being re-established on 1 January 2014.
design of public spaces.
; : ee , The first term of the new Council was focused on
Noosa Shire was an innovator at this time, introducing s : 3
ao re-establishment — getting the new Council up and
outdoor dining to Queensland. The focus was both ; : me
on protecting the natural environment and also pacing: ener was a.skang Smphasecan Buiding
Pi 9 ‘ ; . . a sound financial platform to ensure Council’s long
creating a special built environment for Noosa Shire. Seca
term sustainability.
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. |
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Where we are today
We are an aging community, with more than 23% of Our economy is dependent on tourism and retail, and
the population over the age of 65. This compares to while our tourism market, has been booming in recent
the Queensland average of 14%. We have an active years, this has put pfessure on local infrastructure
community with strong networks of community groups including our transport system.
and volunteers.
The median annual famliy,income in Noosa is $72,956
Our Noosa River has an A rating for water quality, and which is lower than the State average of $86,372. At
226km of the Shire (about 26%) is protected as either 4.4%, oir unemployment ratedis currently better that
National Park or environmental reserves. Climate the State average of 6.1%.
change is a particular challenge for councils like ours
that have significant coastlines.
While we have good biodiversity compared to other
SEQ areas, some of our high profile fauna are under
pressure including fish stocks and koalas.
t t t t t ¢ Noosa Residents Age i j
0-14 years
| ow) 16.4% M Qld 19.7%
Population
P 15-24 years Kents
SS) = 9.3% © Qld 13.4%
54,736 «s Median Age
represents ), opie + years
trep ts 10,000 peop! 23.3% mOld 14.7% Qld 37 years
@) Median 3 bedroom house rent
fe $465/wk Noosa
Unemployed Median Total Family $350/wk Qld
Annual Income Walintanrs
7 $72,956 Noosa 21% Noosa
4.4% Noosa
6.1% Qld $86,372 Qld ¥ 1 18.8% Qld
xm NOOSA Noosa Council | Corporate Plan 2018-2038
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The purpose of a vision is to create an aspirational To do this, we ne successfully adapt to
goal for the future. Avision sets the tone for future whatever challen rise. If we do that well, we
planning and thinking. will be “differe re".
If we are successful in attaining this vision, then Our vision.is Underpinn our Council's beliefs.
we would see that by 2037, Noosa Shire will When ing towards ou a Vision 2037, we
have achieved the long term goals set out in this wil US On:
Corporate Plan.
7 .
Respect clusion
Respect for the diversity of . 4 ass to participatory and
opinions and beliefs in our democratice processes
communi (
7
Respc siver s Authenticity
- a oe ¢«
A il, be onnected Understanding our history and
NX
5 1 1 2 14 2 1038 2080 27 53 96 it)
5 1 1 2 14 3 1434 2086 138 41 96 learning
5 1 1 2 14 4 1585 2086 82 33 96 from
5 1 1 2 14 5 1681 2094 59 25 96 our
5 1 1 2 14 6 1753 2090 71 36 96 past
4 1 1 2 15 0 1623 2966 499 21 -1
5 1 1 2 15 1 1623 2967 70 16 96 Noosa
5 1 1 2 15 2 1710 2966 80 17 96 Council
5 1 1 2 15 3 1794 2960 17 31 96 |
5 1 1 2 15 4 1819 2970 110 17 96 Corporate
5 1 1 2 15 5 1942 2966 47 17 96 Plan
5 1 1 2 15 6 2002 2966 120 18 96 2017-2037
4 1 1 2 16 0 2042 2998 80 23 -1
5 1 1 2 16 1 2042 2998 80 23 91 Page7
4 1 1 2 17 0 1954 3315 289 44 -1
5 1 1 2 17 1 1954 3315 105 44 94 Page
5 1 1 2 17 2 2074 3316 50 34 94 57
5 1 1 2 17 3 2138 3315 43 35 96 of
5 1 1 2 17 4 2194 3315 49 35 96 65Section 58
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As a Council, it is important to be clear about our own organisation's role and purpose. It defines why
we do what we do and how we do what we do as a Council.
We believe that our purpose as a Council is:
“Working with our community to shape Noosa Shire’s future”
In practice, we believe that this means that as a Council we will:
1. Provide excellence in customer service
2. Engage with our community using best practice
3. Provide quality local government services to the Noosa community
4. Provide good governance and act ethically >
5. Be transparent in all of our dealings
6. Look after community and natural assets
7. Manage community funds wisely
8. Be as one with our community.
Our Noosa Council staff have together defined how we want to operate as a Council:
“Noosa Council is a sugpertive andipassionat@ifeam built around openness and informality.
We value:
COMMUNITY - Working ha@ghiiphiand with our community
INNOVATION@SSegmar belt@immxays to do things
SUSTAINABILITY - ManaS§iig, enviF@iijmental, social and economic resources for the future”
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@ | NOOSA Noosa Council | Corporate Plan 2018-2038
COUNCIL i
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Our corporate planning framework links together the various components of our corporate planning
process to illustrate how our teams and individuals contribute to the success of our organisation.
Each year Council will focus on its Operational Plan and Budget to ensure that; the key focus areas
identified in the Corporate Plan are prioritised during Council's annual budget process; resources are
identified to bring the key focus areas to fruition; and performance measures are identified to monitor
progress. Progress in implementing this plan will be reported to A
Noosa Council | Corporate Plan 2018-2038
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Achieving our goals
To advance our Noosa Vision 2037, we have identified five themes. Within each theme are:
» Key focus areas — actions that are to be undertaken in the first 5 years. These key focus areas will feed
into the Council’s annual Operational Plan and Budget process as specific projects to assist in advancing
towards the 20 year goal. The key focus areas will be reviewed after 5 years.
* 20 year goals — the longer term aspirations for the Noosa Shire. If we successfully achieve our key focus
areas we should be able to successfully work towards our 20 year goals.
Theme 1: The Noosa Environment
20 year goal: Our environment is protected and enhanced and is
Key focus areas 2017-2022 ;
|. Adopt an overarching Environment Strategy.
2. Revitalise the Noosa River Plan.
3. Implement Council's Zero Emissions Strategy.
4. Adopt and implement the following plans that f rt of o vironment Strategy - Biodiversity
Plan, Bushfire Management Plan, Coastal Mana n , Flood Management Plan, Koala
Conservation Plan, Waterways and Wetlands Mana it Plan, Open Space Plan and Waste
Reduction and Recycling Plan.
6. Manage development within the key O with Noosa’s desired environmental
5. Reinforce our Noosa design principles and No e.
outcomes.
7. Plan our response to Climate Change.
TU ee
» The Noosa River be a indantifishylife and maintains its A rating.
* Integrated catchment gement practices have improved our waterways and wetlands.
* NoosaCou hieve Zero Emissions target.
* Oo oala populatio increasing:
* Bio sity in Noosa Shire has been preserved.
* Thea of waste g disposed of in landfill is negligible.
* Noosa Shire is)better prepared for Climate Change.
* Our Noosa design principles shape the overall look and feel of our distinctive built environment.
* Development in the Noosa Shire is in accordance with our desired environmental outcomes.
* The Noosa natural environment is protected and enhanced.
COUNCIL erat
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Theme 2: The Noosa Community
20 year goal: Our community is connected, safe and happy and able to meet their potential
Key focus areas 2017-2022
|. Undertake implementation of the Noosa Social Strategy.
2. Adopt and implement the following plans that form part of our Noosa Social Strategy - Cultural Plan,
Community Health and Wellbeing Plan and the Sport and Active Recreation Plan.
3. Implement the Libraries Strategic Plan.
4. Continue to support our community to utilise Council controlled land and buildings through formal tenure
arrangements.
5. Plan and build an iconic playground at Cooroy.
6. Explore the options for and investigate the feasibility of relocating the Noosa Regional Gallery.
7. Plan for Noosa’s ageing demographic and support our health and aged care sectors.
8. Maintain the ability to respond to disaster events (LocalDisaster Management Plan).
sical bata
* Noosa Shire is an active and healthy community enjoying comparatively high well being.
» We have a globally recognised University research centre focused on sustainability.
» Our library service is contemporary and provides valuable learning and educational opportunities.
» Noosa’s lifestyle and heritage are preserved.
» Our community capacity has increased and,community needs are being met.
* The use of Council trustee tand and bulges optimised to maximum community benefit.
» Noosa Shire is renowned for its vibrant culture and artistic community.
* Our Regional Art Gallery is reCoghisedifomits iconic design and programs.
* Our Health and Aged Care sectors are meeting the needs of our demographic.
* Coungil andthe Noosa community are resilient in the face of emergencies and disaster events.
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SPECIAL MEETING AGENDA 27 JUNE 2018
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SPECIAL MEETING AGENDA 27 JUNE 2018
Theme 3: The Noosa Economy
20 year goal: Our economy is diverse and resilient
[OUnn alae |
|. Implement the Noosa Local Economic Plan.
2. Provide support for a sustainable tourism sector.
3. Develop programs to foster growth in key industry sectors by working collaboratively.
4. Support the growth of our education and research sector.
Oe ee |
* Our net household incomes are higher than the State average.
* Our unemployment rate is lower than the State average.
» Our local economy produces more than it consumes¢
* Noosa has a thriving economy across our preferred industry sectors.
» Businesses take the lead role in driving our economy.
* High value, low impact businesses that align with our Noosa brand are attracted to Noosa.
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Page 62 of 65Section 63
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Theme 4: Long term planning for Noosa Shire
20 year goal: Noosa Shire is well managed and sustainable
Key focus areas 2017-2022
|. Adopt a new Town Planning Scheme.
2. Implement an integrated Transport Strategy that encourages alternative transport usage and reduces
our dependence on private motor vehicles.
3. Implement the Noosaville Foreshore Land Use Management Plan.
4. Ensure effective service planning processes are in place.
5. Develop and report on community sustainability indicators.
6. Meet the principles of the UNESCO Man in the Biosphere Pri .
7. Establish functional Asset Management Plans for all Counciljasset classes.
8. Undertake long term financial sustainability planning i porating Asset Mana t Plan
outcomes.
In 20 years ...
* Our Planning Scheme continues to effectively manage g 1.and ensure that Noosa maintains its
village look and feel.
» Noosa is no longer dependent on the private r its primary mode of transport.
* Our plans and strategies are.aligned and cons t.
» The Noosa brand remains wide ognised, strong and authentic.
» Noosa Shire is a mplar of sustainable |i with an appropriate focus on natural, social and
economic capital.
* Council remains finane ustainable with efficient services that are responsive to the needs and
prioritie: mmuni
* TheNoosa Biosphere® Reservejis recognised as exceeding UNESCO requirements for Biosphere
R es.
* Ou amunity assets! are being maintained in accordance with our planned asset management
progral d our asset management plans are linked to our budgets and long-term financial plan.
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Theme 5: Excellence as a Council
20 year goal: The Noosa Shire community is proud of its Council
Rte ew nerdy ed
|. Maintain a focus on excellence in Customer Service and improved service delivery.
2. Maximise financial opportunities for Council land holdings for the purpose of maximising non-rate
revenue.
3. Further develop systems to promote continuous improvement.
4. Embed corporate values into the organisational culture.
5. Improve online customer interface services.
6. Continue to meet or exceed all statutory financial ratios and key ional targets.
7. Ensure that workforce planning is in place across the organi n.
8. Improve and maintain the safety and wellbeing of empl .
9. Enhance opportunities for the community to e! with the Council an ure community
engagement best practice is embedded in Cou erations
10. Ensure that Council business activities remain com i profitable.
||. Ensure that Business Continuity Plans are developed a ed.
12. Strengthen Council's governance framewo develop le hip potential.
13. Embed risk management practices into ssn Ocesses.
TPT OR Lede
» Weare considered ‘financially s porn eensland Government.
* Our customer sé eeting our community expectations.
* Council is an employe Oice.
* There anne ailable for the community to interact with Council.
* Co has inspirational and parent leadership based on integrity, and highly ethical conduct is
embedded in Council's culture.
* Cou yperates successful business activities.
» Best prac isk management practices are embedded in decision making.
* Our commu leves that they can partner and collaborate with our Council to achieve great
outcomes.
COUNCIL ea
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To monitor performance, Council will establish a hierarchy of performance indicators as follows:
* Community indicators - indicators that monitor the state of our community based on our
environment, economy, community and governance that are reported to Council annually and
included in Council's Annual Report.
* Corporate Plan indicators - measure progress with Council's Corporate Plan with a particular
emphasis on key focus areas. Reported to Council annually by the CEO included in Council's
Annual Report.
» Management indicators - Operational Plan progress report and ment key performance
indicators are provided to Council by the CEO on a quarterly :
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