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Item 8.3.2023-06-15 · OrdinaryOfficial item record

General Committee Report - 12 June 2023

Final resolution: Carried

That the report of the General Committee Meeting dated 13 June 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution. Carried Unanimously. Full wording ↓

← Meeting agenda & transcript

See the votes on this matter →

What was decided?

Final supported resolution

That the report of the General Committee Meeting dated 13 June 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution.

Carried Unanimously.

Official item minutes · Event 12

1Council ResolutionCarried

Moved: Joe Jurisevic · Seconded: Tom Wegener

That Council note the declarable conflict of interest by Cr Wilkie and determine that it is in the public interest that Cr Wilkie participates and votes on this matter because Council believes that neither he nor the PBCA nor the Peregian Beach Bushcare Group stand to gain personally or materially through this grant to NEEH that it is in the public interest that Cr Wilkie participates and votes on this matter because Council believes that a reasonable person would trust that the final decision is made in the public interest.

Carried Unanimously.

Official minutes · section 34

2Council ResolutionCarried

Moved: Joe Jurisevic · Seconded: Tom Wegener

That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in the public interest that Cr Stockwell participates and votes on this matter because Council believes that he nor the PBCA nor the Peregian Beach Bushcare Group stand to gain personally or materially through this grant to NEEH that it is in the public interest that Cr Stockwell participates and votes on this matter because Council believes that a reasonable person would trust that the final decision is made in the public interest.

Carried Unanimously.

Official minutes · section 43

3Council ResolutionCarried

Moved: Joe Jurisevic · Seconded: Tom Wegener

That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in the public interest that Cr Stockwell participates and votes on this matter because Council believes that he does not stand to receive a personal benefit or loss in relation to this matter due to the community nature of this relationship with Landcare and therefore a reasonable person would trust that the final decision is made in the public interest.

Carried Unanimously.

Official minutes · section 51

4Council ResolutionCarried

Moved: Joe Jurisevic · Seconded: Amelia Lorentson

That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in the public interest that Cr Stockwell participates and votes on this matter because Council believes that a reasonable person would trust that the final decision is made in the public interest. Although he has a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias considering the community nature of this relationship and vote that Cr Stockwell remains in the room.

Carried Unanimously.

Official minutes · section 59

5Council ResolutionCarried

Moved: Joe Jurisevic · Seconded: Amelia Lorentson

That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in the public interest that Cr Stockwell participates and votes on this matter because Council believes that a reasonable person could not have a perception of bias because the ICEO review was an advisory service, not a statutory process, and Cr Stockwell’s queries at that time were in the public interest and neither he nor Ms McCready stood to personally gain or lose from that advice and therefore a reasonable person would trust that the final decision is made in the public interest.

Carried Unanimously.

Official minutes · section 67

6Council ResolutionCarried

Moved: Joe Jurisevic · Seconded: Brian Stockwell

That Council note the report by the Principal Environment Officer - Policy and Planning to the Planning & Environment Committee Meeting dated 6 June 2023 regarding the Environment Project Grants, MEC Grants and Environment Organisation Alliance Grants and:

A. Award the Environment Project grants, Multi Year Environment Collaborative (MEC) grants and Alliance grants, for the initiatives recommended in Attachments 1 – 3 for funding totalling the amounts below:

i. Environment Project Grants (Attachment 1) = $24,030.00 (one year)

ii. MEC Grants (Attachment 2) = $261,518.20 (per year) totalling $784,554.61 (over three years)

iii. Environment Organisation Alliance Grants (Attachment 3) = $88,900 (per year) totalling $266,700.00 (over three years);

B. Support the reallocation of $50,970 from the Environment Project grants to the Alliance grants for the next three financial years (2023/24, 2024/25, and 2025/26);

C. Authorise the CEO to enter Funding Deeds for the Environment Project grants, MEC grants and Alliance grants with successful organisations, as per the recommended funding amount; and

D. Support the review of the Environment Grants Policy and Environment Levy Policy and associated guidelines by Environmental Services to identify areas for improvement in future grant rounds.               

Carried Unanimously.

Official minutes · section 73

7Council ResolutionCarried

Moved: Joe Jurisevic · Seconded: Tom Wegener

That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in the public interest that Cr Stockwell participates and votes on this matter because Council believes that a reasonable person could not have a perception of bias because the ICEO review was an advisory service, not a statutory process, and Cr Stockwell’s queries at that time were in the public interest and neither he nor Ms McCready stood to personally gain or lose from that advice and therefore a reasonable person would trust that the final decision is made in the public interest.

Carried Unanimously.

Official minutes · section 98

8Council ResolutionCarried

Moved: Joe Jurisevic · Seconded: Tom Wegener

That Council note the report by the Manager, Development Assessment to the Planning & Environment Committee Meeting dated 6 June 2023 regarding planning applications that have been decided by delegated authority.

Carried Unanimously.

Official minutes · section 104

9Council ResolutionCarried

Moved: Joe Jurisevic · Seconded: Tom Wegener

That Council note the declarable conflict of interest by Cr Wilkie and determine that it is in the public interest that Cr Wilkie participates and votes on this matter because Council believes that neither Cr Wilkie nor the PBCA stand to gain personally or materially through the introduction of this shire-wide policy and therefore a reasonable person would trust that the final decision is made in the public interest. 

Carried                                                                                                                                         

For 2 named

Tom WegenerJoe Jurisevic

Against 1 named

Clare Stewart

Official minutes · section 139

10Council ResolutionCarried

Moved: Joe Jurisevic · Seconded: Tom Wegener

That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in the public interest that Cr Stockwell participates and votes on this matter because Council believes that neither Cr Stockwell nor the PBCA stand to gain personally or materially through the introduction of this shire-wide policy and therefore a reasonable person would trust that the final decision is made in the public interest.

Carried Unanimously

Official minutes · section 150

11Council ResolutionCarried

Moved: Brian Stockwell · Seconded: Clare Stewart

That Council note the report by the Environment Officer - Coastal Management to the General Committee meeting dated 12 June 2023 regarding encroachments into Council-managed land, and:

A. Approve the Encroachments Policy and Operational Procedures for implementation as attached to this report Attachment 1 and 2; and

B. Consider a funding allocation for implementation of the Encroachments Policy and Operational Procedures as part of Council’s 2023/24 budget deliberations; and

C. Develop a clear implementation plan, outlining education, awareness and communication materials to be developed to support community understanding and implementation of the policy.

Carried Unanimously.

Official minutes · section 156

12Council ResolutionCarried

Moved: Joe Jurisevic · Seconded: Brian Stockwell

That the report of the General Committee Meeting dated 13 June 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution.

Carried Unanimously.

Official minutes · section 187

Read complete item-specific minutes

ATTENDANCE & APOLOGIES 
 
COMMITTEE MEMBERS
Councillor Frank Wilkie (Chair)
Councillor Karen Finzel
Councillor Joe Jurisevic
Councillor  Amelia Lorentson
Councillor  Clare Stewart
Councillor Brian Stockwell
Councillor Tom Wegener 
 
EXECUTIVE 
Acting Chief Executive Officer Larry Sengstock 
Director Corporate Services Trent Grauf
Director Strategy and Environment & Sustainable Development Kim Rawlings
Acting Director Infrastructure Services Shaun Walsh 
 
APOLOGIES
Nil 


COMMITTEE RECOMMENDATIONS TO COUNCIL

               
5.1.      TENDER CONSIDERATION PLAN - COMMUNITY BATTERY (Referred from P&E 6 June 2023)

That Council note the report by the Carbon Reduction Project Officer for Tender Consideration Plan - Community Battery to the Services and Organisation Committee dated 6 June 2023 and:
  1. Resolve to prepare a Tender Consideration Plan, substantially in accordance with the draft plan in Attachment 1 for the procurement of the supply, installation and operation of a Community Battery, under section 230 of the Local Government Regulation 2012 and;
  2. Delegate authority to the Chief Executive Officer to:
    1. Prepare and adopt the Tender Consideration plan;
    2. Approve the negotiation and enter into contracts, within the Chief Executive Officer’s financial delegation, in order to achieve the objectives of the Tender Consideration Plan.
               
5.2     ENVIRONMENT GRANTS -  ENVIRONMENT PROJECT GRANTS (ROUND 18), MULTI-YEAR ENVIRONMENT COLLABORATIVE (MEC) GRANTS (ROUND 2: 2023-2026) AND  ENVIRONMENT ORGANISATION ALLIANCE GRANTS (2023-2026) - (Referred from P&E 6 June 2023)        
      
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart  provided the following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stewart, inform the meeting that I have a declarable conflict of interest in this matter as Leigh McCready, a Director of Tourism Noosa is a personal friend.  As a result of my conflict of interest I will now leave the meeting room while the matter is considered and voted on. 

Cr Stewart left the meeting (via Teams)
 
In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel provided the following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Finzel, inform the meeting that I have a declarable conflict of interest in this matter as Leigh McCready, a Director of Tourism Noosa, was involved with my 2020 election campaign with Future Noosa as a volunteer, which is no longer an entity.  As a result of my conflict of interest I will now leave the meeting room while the matter is considered and voted on. 

Cr Finzel left the meeting (via Teams)



In accordance with Chapter 5B of the Local Government Act 2009, Cr Wilkie provided the following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Wilkie, inform the meeting that I would like to declare a declarable conflict of interest for Item 5.2 Environmental Grants for the Noosa Environmental Education Hub grant. In early 2020, I received an electoral donation of $750 from Susan Francis. Susan Francis is the partner of Barry Cotterell. Barry Cotterell is the president of the Peregian Beach Community Association (PBCA). The PBCA supports the Peregian Beach Bushcare group. The Peregian Beach Bushcare group will feature in work being showcased to school students by the Noosa Environmental Education Hub. I nor the PBCA nor the Peregian Beach Bushcare Group stand to gain personally or materially through this grant to NEEH and make this declaration out of an abundance of caution” given the possible scope and interpretation of Conflict of Interest rulings. I believe I can make an impartial decision in the public interest in this matter and leave it to the meeting to determine whether I stay in the meeting room. 

Acting CEO Larry Sengstock assumed the role of Chair for the purposes of dealing with the conflict of interest declaration by Cr Wilkie.  




Council Resolution

Moved:Cr Joe Jurisevic


Seconded:Cr Tom Wegener

That Council note the declarable conflict of interest by Cr Wilkie and determine that it is in the public interest that Cr Wilkie participates and votes on this matter because Council believes that neither he nor the PBCA nor the Peregian Beach Bushcare Group stand to gain personally or materially through this grant to NEEH that it is in the public interest that Cr Wilkie participates and votes on this matter because Council believes that a reasonable person would trust that the final decision is made in the public interest.
Carried Unanimously.


(Cr Wilkie and Cr Stockwell  did not vote on the above motion)


Cr Wilkie assumed the Chair.


In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stockwell, inform the meeting that I would like to declare a declarable conflict of interest for Item 5.2 Environmental Grants for the Noosa Environmental Education Hub grant. In early 2020, I received an electoral donation of $500 from Susan Francis. Susan Francis is the partner of Barry Cotterell. Barry Cotterell is the President of the Peregian Beach Community Association (PBCA). The PBCA supports the Peregian Beach Bushcare group. The Peregian Beach Bushcare group will feature in work being showcased to school students by the Noosa Environmental Education Hub. I nor the PBCA nor the Peregian Beach Bushcare Group stand to gain personally or materially through this grant to NEEH and make this declaration out of an abundance of caution” given the possible scope and interpretation of Conflict of Interest rulings. I believe I can make an impartial decision in the public interest in this matter and leave it to the meeting to determine whether I stay in the meeting room. 


Council Resolution

Moved:Cr Joe Jurisevic


Seconded:Cr Tom Wegener

That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in the public interest that Cr Stockwell participates and votes on this matter because Council believes that he nor the PBCA nor the Peregian Beach Bushcare Group stand to gain personally or materially through this grant to NEEH that it is in the public interest that Cr Stockwell participates and votes on this matter because Council believes that a reasonable person would trust that the final decision is made in the public interest.
Carried Unanimously.

(Cr Stockwell did not vote on the above motion)

 
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stockwell, also inform the meeting that I have a declarable conflict of interest in this matter in relation to the application by the Noosa District Landcare due to my long standing connection with the organisation as one of the inaugural members of the unincorporated group dating back to the 1980s and a current ordinary member. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias considering the community nature of this relationship. I will choose to remain in the meeting room. However, I will respect the decision of the meeting on whether I can remain and participate in the decision.
 


Council Resolution

Moved:Cr Joe Jurisevic


Seconded:Cr Tom Wegener 

That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in the public interest that Cr Stockwell participates and votes on this matter because Council believes that he does not stand to receive a personal benefit or loss in relation to this matter due to the community nature of this relationship with Landcare and therefore a reasonable person would trust that the final decision is made in the public interest.
Carried Unanimously.
(Cr Stockwell did not vote on the above motion)


In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this matter as I have a long-standing relationship with MRCCC as a previous government employee and a long-term collaborator since 1994. I have in the past had a small consultant contract below the limit for a Prescribed Conflict and prior to the declarable time frame.  I was up until the last AGM  Council's representative on the committee and in this role I played a role in facilitating and developing the group's revised catchment strategy. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias considering the community nature of this relationship. I will choose to remain in the meeting room. However, I will respect the decision of the meeting on whether I can remain and participate in the decision.
 
 

Council Resolution

Moved:Cr Joe Jurisevic


Seconded:Cr Amelia Lorentson

That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in the public interest that Cr Stockwell participates and votes on this matter because Council believes that a reasonable person would trust that the final decision is made in the public interest. Although he has a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias considering the community nature of this relationship and vote that Cr Stockwell remains in the room.
Carried Unanimously.
(Cr Stockwell  did not vote on the above motion)

In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this matter as on 24 February 2020 I sought a review by the Independent Council Election Observer (ICEO) as to the public claims of the Future Noosa Team, of which Leigh McCready was publicly identified as a Campaign Manager. Leigh McCready is a Director of Tourism Noosa. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias because the ICEO review was an advisory service, not a statutory process, and my queries at that time were in the public interest and neither I nor Ms McCready stood to personally gain or lose from that advice. Therefore, I will choose to remain in the meeting room. However, I will respect the decision of the meeting on whether I can remain and participate in the decision.


Council Resolution

Moved:Cr Joe Jurisevic


Seconded:Cr Amelia Lorentson

That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in the public interest that Cr Stockwell participates and votes on this matter because Council believes that a reasonable person could not have a perception of bias because the ICEO review was an advisory service, not a statutory process, and Cr Stockwell’s queries at that time were in the public interest and neither he nor Ms McCready stood to personally gain or lose from that advice and therefore a reasonable person would trust that the final decision is made in the public interest.
Carried Unanimously.

(Cr Stockwell  did not vote on the above motion)



Council Resolution

Moved:Cr Joe Jurisevic


Seconded:Cr Brian Stockwell

That Council note the report by the Principal Environment Officer - Policy and Planning to the Planning & Environment Committee Meeting dated 6 June 2023 regarding the Environment Project Grants, MEC Grants and Environment Organisation Alliance Grants and:
  1. Award the Environment Project grants, Multi Year Environment Collaborative (MEC) grants and Alliance grants, for the initiatives recommended in Attachments 1 – 3 for funding totalling the amounts below:
    1. Environment Project Grants (Attachment 1) = $24,030.00 (one year)
    2. MEC Grants (Attachment 2) = $261,518.20 (per year) totalling $784,554.61 (over three years)
    3. Environment Organisation Alliance Grants (Attachment 3) = $88,900 (per year) totalling $266,700.00 (over three years);
  2. Support the reallocation of $50,970 from the Environment Project grants to the Alliance grants for the next three financial years (2023/24, 2024/25, and 2025/26);
  3. Authorise the CEO to enter Funding Deeds for the Environment Project grants, MEC grants and Alliance grants with successful organisations, as per the recommended funding amount; and
  4. Support the review of the Environment Grants Policy and Environment Levy Policy and associated guidelines by Environmental Services to identify areas for improvement in future grant rounds.               

Carried Unanimously.
  Cr Finzel & Cr Stewart returned to the meeting (via Teams)
               


5.3.    PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY APRIL 2023 (Referred from P&E 6 June 2023)
               
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stewart, inform the meeting that I have a declarable conflict of interest in this matter in relation to the application by Altum Properties No.9 P/L TTE, which is listed as item 17 in this report. I have a friendship with Leigh and Rob McCready, who are associated with the applicant.  As a result, of my conflict of interest I will now leave the meeting room while the matter is considered and voted on.

Cr Stewart left the meeting (via Teams)
 
In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel provided the following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Finzel, inform the meeting that I have a declarable conflict of interest in this matter in relation to the application by Altum Properties No.9 P/L TTE, which is listed as item 17 in this report. Leigh McCready who is associated with the applicant, was involved in a volunteer capacity for my 2020 election campaign with Future Noosa, which is no longer an entity.  As a result of my conflict of interest I will now leave the meeting room while the matter is considered and voted on.
 
Cr Finzel left the meeting (via Teams)


In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Lorentson, inform the meeting that I have a declarable conflict of interest in this matter in relation to the applications by Mark Bain (listed in the report at Items 11) as I have a personal relationship with the Bain family. The Bain family are friends of mine and we have attended social events together, our children attended school together and they surf together as part of the Noosa Boardrider's Club. During the 2020 election campaign, Mr Bain appeared in one of my campaign videos and agreed to one of my election signs being placed at the Petrol Station located on Gympie Terrace of which Mr Bain was the property landlord.  As a result of my conflict of interest I will now leave the meeting room while the matter is considered and voted on.


Cr Lorentson left the meeting (via Teams)


 
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following declaration to the meeting of a declarable conflict of interest in this matter
I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this matter in relation to the application by Altum Properties No.9 P/L TTE, which is listed as item 17 in this report. On 24 February 2020 I sought a review by the Independent Council Election Observer (ICEO) as to the public claims of the Future Noosa Team, of which Leigh McCready was publicly identified as a Campaign Manager. Leigh McCready is associated with the applicant. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias because Council's consideration of this application is not to approve or reject it, it is only for noting of a decision that has already been made by staff. Therefore, I will choose to remain in the meeting room. However, I will respect the decision of the meeting on whether I can remain and participate in the decision.


Council Resolution

Moved:Cr Joe Jurisevic


Seconded:Cr Tom Wegener 

That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in the public interest that Cr Stockwell participates and votes on this matter because Council believes that a reasonable person could not have a perception of bias because the ICEO review was an advisory service, not a statutory process, and Cr Stockwell’s queries at that time were in the public interest and neither he nor Ms McCready stood to personally gain or lose from that advice and therefore a reasonable person would trust that the final decision is made in the public interest.
Carried Unanimously.

Cr Stockwell did not vote on this matter



Council Resolution

Moved:Cr Joe Jurisevic


Seconded:Cr Tom Wegener

That Council note the report by the Manager, Development Assessment to the Planning & Environment Committee Meeting dated 6 June 2023 regarding planning applications that have been decided by delegated authority.

Carried Unanimously.
               
Cr Lorentson, Stewart and Finzel returned to the meeting (via Teams)

       
5.4.    MARITIME SAFETY QUEENSLAND RECREATIONAL BOATING FACILITIES DEMAND FORECAST STUDY 2022 ( Referred from S&O 6 June 2023)        
 
That Council note the report by the Principal Environment Officer and the Infrastructure Planning Co-ordinator to the Services and Organisation Committee Meeting dated 6 June 2023 and:
  1. Note its appreciation for MSQ / DTMR in commissioning the investigation to respond to increasing demand for recreational boating facilities 
  2. Raise concerns for the lack of a regional approach to planning for boat launching facilities, particularly when the Noosa River system is a relatively small system compared to other regional water bodies and may not have the capacity to accommodate statistical growth 
  3. Seek discussions about increased funding from MSQ / DTMR to fund on-shore components of the boat ramp facilities 
  4. Welcome further discussions between MSQ and Council to support expedient placement of the Noosa Woods Pontoon, Gympie Terrace Noosaville Pontoon and Lake Street Tewantin Pontoon to assist in improving boating access to the Noosa River 
  5. Welcome initiation of planning processes jointly with MSQ and TMR to upgrade facilities at Albert / Thomas Steet (Noosaville) Boat Ramp, Hilton Esplanade (Tewantin) Boat Ramp, Lake Street (Tewantin) Boat Ramp and  Moorindil Street (Tewantin) Boat Ramp  but raise concerns for the unrealistic increase in car and trailer carparking capacity indicated in the Noosa Recreational Boating Facilities Demand Forecasting Study due to traffic, landscape and environmental impact 
  6. Reject the proposed facility at Chaplin Park due to planning, tenure and character impacts on the park 
  7. Note that Council is proposing to initiate a Parking Study in FY23/24 that will include examination of car and trailer parking at and near to boat ramps to examine additional measures to manage capacity through contemporary parking demand management techniques, and that the outcomes of this study should inform any consideration of future boat ramps.
               
               
6.1.    132007.12.9 - MINOR CHANGE TO EXISTING APPROVAL FOR MATERIAL CHANGE OF USE, TO INCREASE THE USE AREA FOR A COMMUNITY USE - EDUCATION - TYPE 3 ADULT (ADMINISTRATION ONLY) AND INCLUDE BUSINESS USE OFFICE TYPE 3 - VETERINARY SITUATED AT 88A & 90 GOODCHAP STREET, NOOSAVILLE 
                
That Council note the report by the Development Planner to the General Meeting 12 June 2023 regarding Application No. 132007.12.9 to make a minor change to an existing approval for Material Change of Use Commercial Business - Type 1 Office, Type 2 Medical, Education - Type 3 Adult, Retail Business - Type 1 Local & Type 2 Shop and Salon, Entertainment and Dining Business – Type 1 Food and Beverage, situated at 88a & 90 Goodchap Street,  Noosaville and:  
 
  1. Approve the change.
  2. Amend conditions 1, 12 & 13 as outlined in Attachment 1 - proposed amended conditions.
  3. Include additional conditions as outlined in Attachment 1 - proposed amended conditions.
  4. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
               

               
6.2.    NOOSA BIOSPHERE RESERVE FOUNDATION ANNUAL REPORT 2021-22 AND OPERATIONAL PLAN 2023/24            
 
That Council note the report by the Environment Services Manager (Acting) to the General Committee Meeting dated 12 June 2023 regarding Noosa Biosphere Reserve Foundation (NBRF) Annual Report 2021-22 and Operational Plan 2023-24 and:  
  1. Note the Annual Report and audit of Financial Statement 2021-22 received from NBRF as provided in Attachment 1; and
  2. Note the Operational Plan 2023-24 and Funding Request received from NBRF as provided in Attachment 2.

              
6.3.    ENCROACHMENTS POLICY AND ORGANISATIONAL PROCEDURES 
               
In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Amelia Lorentson, inform the meeting that  in considering the encroachment policy and managing any perceived conflict of interest, members of my family have had encroachments in the past and there may be encroachments on public land that I am not fully aware of.  To manage any perceived conflict of interest in relation to the matters I believe it prudent to declare a conflict of interest in relation to the consideration of this policy and as such, exercise an 'abundance of caution'. I also note the legal advice received  from King & Co, that the Draft Policy does not constitute a 'planning scheme', as defined, and therefore does not come within the ambit of the 'ordinary business matter' exemption contained in section 150EF(1)(b) of the Local Government Act 2009. I will now leave the room and not participate in the discussion.


Cr Lorentson left the meeting (via Teams) 

 
In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel provided the following declaration to the meeting of a prescribed conflict of interest in this matter:
I, Cr Finzel, inform the meeting that I have a prescribed conflict of interest in this matter as on 5 March 2020, Mr Peter Butt who I believe is an Executive  Member of the Eastern Beaches Protection Association who were submitters to the Eastern Beaches Foreshore Management Plan which addresses management issues relevant to encroachments. Peter Butt donated $1666.66 to my 2020 Election Campaign where I was one of three candidates that ran as a group known as 'Future Noosa' (which is no longer an entity).  As a result of my conflict of interest, I will now leave the meeting room while the matter is considered and voted on.

Cr Finzel left the meeting (via Teams)
 
 

In accordance with Chapter 5B of the Local Government Act 2009, Cr Wilkie provided the following declaration to the meeting of a declarable conflict of interest in this matter:
I would like to declare a declarable conflict of interest for Item 6.3 Shire-Wide Encroachments Policy. In early 2020, I received an electoral donation of $750 from Susan Francis. Susan Francis is the partner of Barry Cotterell. Barry Cotterell is the President of the Peregian Beach Community Association (PBCA). The PBCA were amongst the many that submissions requesting council address illegal encroachments. I nor the PBCA stand to gain personally or materially through the introduction of this shire-wide policy, however I make this declaration out of an "abundance of caution” given the possible scope and interpretation of Conflict of Interest rulings. I believe I can make an impartial decision in the public interest in this matter and leave it to the meeting to determine whether I stay in the meeting room.


CEO Larry Sengstock assumed the Chair for the purposes of dealing with conflict of interest by Cr Wilkie.


Council Resolution
Moved:                 Cr  Joe Jurisevic
Seconded:           Cr Tom Wegener
That Council note the declarable conflict of interest by Cr Wilkie and determine that it is in the public interest that Cr Wilkie participates and votes on this matter because Council believes that neither Cr Wilkie nor the PBCA stand to gain personally or materially through the introduction of this shire-wide policy and therefore a reasonable person would trust that the final decision is made in the public interest.
 

For:             Cr Joe Jurisevic and Cr Tom Wegener
Against:      Cr Clare Stewart 
Carried                                                                                                                                         

(Cr Wilkie or Cr Stockwell did not vote on the above motion)  
Cr Wilkie assumed the Chair.


In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following declaration to the meeting of a declarable conflict of interest in this matter:
I would like to declare a declarable conflict of interest for Item 6.3 Shire-Wide Encroachments Policy. In early 2020, I received an electoral donation of $500 from Susan Francis. Susan Francis is the partner of Barry Cotterell. Barry Cotterell is the President of the Peregian Beach Community Association (PBCA). The PBCA has made submissions requesting council address illegal encroachments. Neither I nor the PBCA stand to gain personally or materially through the introduction of this shire-wide policy however I make this declaration out of an "abundance of caution” given the possible scope and interpretation of Conflict of Interest rulings. I believe I can make an impartial decision in the public interest in this matter and leave it to the meeting to determine whether I stay in the meeting room.


Council Resolution
Moved:                  Cr Joe Jurisevic
Seconded:            Cr Tom Wegener
That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in the public interest that Cr Stockwell participates and votes on this matter because Council believes that neither Cr Stockwell nor the PBCA stand to gain personally or materially through the introduction of this shire-wide policy and therefore a reasonable person would trust that the final decision is made in the public interest.
Carried Unanimously
(Cr Stockwell  did not vote on the above motion)
 
 

 
 
Council Resolution 
Moved:              Cr Brian Stockwell
Seconded:        Cr Clare Stewart

That Council note the report by the Environment Officer - Coastal Management to the General Committee meeting dated 12 June 2023 regarding encroachments into Council-managed land, and:
 
  1. Approve the Encroachments Policy and Operational Procedures for implementation as attached to this report Attachment 1 and 2; and
  2. Consider a funding allocation for implementation of the Encroachments Policy and Operational Procedures as part of Council’s 2023/24 budget deliberations; and
  3. Develop a clear implementation plan, outlining education, awareness and communication materials to be developed to support community understanding and implementation of the policy.
Carried Unanimously.
 
Cr Lorentson and Cr Finzel returned to the meeting.
 




               
6.4.    CONTRACT NO. CN00338 - SUPPLY, INSTALLATION, COMMISSIONING & MAINTENANCE OF AN EPS THERMAL COMPACTION UNIT
                               
That Council note the report by the Waste Project Manager to the General Committee Meeting dated 12 June 2023 and Award Contract No. CN00338 - Supply, Installation, Commissioning & Maintenance of an EPS Thermal Compaction Unit to IS Recycling Pty Ltd under a lump sum contract for $227,000 (GST Exclusive) which includes a 12 month servicing and maintenance period.

               
  
6.5.    FINANCIAL PERFORMANCE REPORT – MAY 2023
     
That Council note the report by the Manager Financial Services (Acting) to the General Committee Meeting dated 12 June 2023 outlining May 2023 year to date financial performance against budget, including changes to the financial performance report with the inclusion of key financial sustainability indicators.

 

6.6.    2023-2024 FEES AND CHARGES 

That Council note the report by the Manager Financial Services (Acting) to the General Meeting dated 12 June 2023 and pursuant to sections 97, 98 and 262(3)(c) of the Local Government Act 2009, fix, for the 2023-24 financial year the cost-recovery fees and commercial charges provided as Attachment 1 to the report. 

 

6.7.    APPOINTMENT OF 2024 SHOW HOLIDAY

That Council note the report by the Chief Executive Officer (Acting) to the General Committee Meeting dated 12 June 2023 and request the Chief Executive Officer to apply to the Office of Industrial Relations for the appointment of Friday, 13 September 2024 as a Special holiday for Noosa Shire.
               

               
6.8.    APPOINTMENT OF AUDIT & RISK COMMITTEE EXTERNAL MEMBER 
             
That Council note the report by the Executive Officer, Office of the Chief Executive Officer and Mayor to the General Committee Meeting of 12 June 2023 in relation to the vacancy for an external member on Council's Audit and Risk Committee and:  
  1. Appoint Ian Rushworth as an external member of the Audit and Risk committee for a term of 2 years commencing 27 June 2023; and
  2. Note that the membership of the Audit and Risk Committee will be reviewed following the completion of an independent review of effectiveness of the Audit and Risk Committee. 

            
6.9.    2022 DELEGATIONS OF AUTHORITY ANNUAL REVIEW
 
That Council note the report by the Governance Advisor to the General Committee Meeting dated 12 June 2023 and 
  1. Adopt the Register of Delegations – Council to Chief Executive Officer - Pursuant to section 257 of the Local Government Act 2009, to delegate the powers of the Local Government outlined in the Register of Delegations provided at Attachment 1, to the Chief Executive Officer of Council
  2. Further, the CEO be requested to bring forward a further report which reviews the current triggers for development matters precluded from delegation with a view to providing staff with more specific, less subjective, criteria including the results of a workshop which considers amongst other things precluding delegation decisions in the following circumstances: 
Where a matter relates to
  1. the clearing of remnant 'of-concern' or 'endangered' vegetation from a biodiversity or Vegetation Management Act perspective;
  2. the disturbance of the habitat of a species listed under the Nature Conservation or Environmental Protection and Biodiversity Acts;
  3. an extension of an approval that was made under a Superseded Planning Scheme and/or where there is a resolution of Council to amend the Planning Scheme in a way that is relevant to the approval; 
  4. to the removal or substantial alteration to a structure or place of heritage significance identified in Council's Planning Scheme or in an adopted study of Council;  and
  5. a development where Council has a direct or indirect interest as a result of its involvement in previous or proposed land dealings. 
 
 
 

Council Resolution

Moved:Cr Joe Jurisevic


Seconded:Cr Brian Stockwell 

That the report of the General Committee Meeting dated 13 June 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution.
Carried Unanimously.


 
 
 

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