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Item 5.1.2023-08-14 · General CommitteeOfficial item record

EASTERN BEACHES FORESHORE RESERVES MANAGEMENT PLAN - COMMUNITY CONSULTATION OVERVIEW AND PROPOSED CHANGES (Referred from Planning and Environment Committee dated 8 August 2023 - Item 5.1)

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What was decided?

The minuted decision sequence

No separately labelled carried Council Resolution has been identified here. Read each formal event and the complete item minutes; a lost motion is not necessarily the final outcome.

1Committee ResolutionCarried

Moved: Joe Jurisevic · Seconded: Tom Wegener

That Council note the declarable conflict of interest by Cr Wilkie and determine 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 from this decision and that a reasonable person would trust that the final decision is made in the public interest.

Carried.

For 2 named

Joe JurisevicTom Wegener

Against 1 named

Clare Stewart

Official minutes · section 4

2Committee ResolutionCarried

Moved: Joe Jurisevic · Seconded: Clare Stewart

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 a reasonable person would not consider this a conflict of interest and trust that the final decision is made in the public interest. 

Carried unanimously.

Official minutes · section 18

3Committee ResolutionCarried

Moved: Joe Jurisevic · Seconded: Clare Stewart

That Council note the declarable conflict of interest by Cr Stockwell and determine that Cr Stockwell participates and votes on this matter because Council believes that a reasonable person would not consider this a conflict of interest and trust that the final decision is made in the public interest. 

Carried unanimously.

Official minutes · section 26

4MotionOutcome not confirmed

Moved: Tom Wegener · Seconded: Joe Jurisevic

That Council note the report by the Environment Officer – Coastal Management to the Planning & Environment Committee meeting dated 8 August 2023 regarding the Eastern Beaches Foreshore Reserves Management Plan and community consultation and:  

A. Note the community input received during the public consultation period for the draft Eastern Beaches Foreshore Management Plan and Council's proposed response; 

B. Approve the revised Eastern Beaches Foreshore Reserves Management Plan for implementation - provided at Attachment 1; and

C. Authorise the Chief Executive Officer to make minor changes or amendments to the document prior to publishing on Council's website.

Main motion followed by amendments; no separate outcome recorded here.

Official minutes · section 35

5Amendment No. 1Carried

Moved: Brian Stockwell · Seconded: Frank Wilkie

That Item C be amended to read:

C. Authorise the Chief Executive Officer to make minor changes or amendments to the document prior to publishing on Council's website, including reinstating the words "taking a zero tolerance" in Action Item 16.1 so that it reads:  "taking a zero tolerance and timely enforcement approach to any new encroachments."

Carried unanimously.

Official minutes · section 42

6Amendment No. 2Carried

Moved: Brian Stockwell · Seconded: Frank Wilkie

That Item D be added to read:

D. That Council demonstrate its commitment to dune protection by erecting a large sign in the cleared area in front of 70 Lorikeet Drive Peregian Beach and further erect wind erosion protection fencing for the full frontage.

Carried.

For 4 named

Joe JurisevicBrian StockwellFrank WilkieTom Wegener

Against 1 named

Clare Stewart

Official minutes · section 48

7Committee RecommendationCarried

Moved: Tom Wegener · Seconded: Joe Jurisevic

That Council note the report by the Environment Officer – Coastal Management to the Planning & Environment Committee meeting dated 8 August 2023 regarding the Eastern Beaches Foreshore Reserves Management Plan and community consultation and:  

A. Note the community input received during the public consultation period for the draft Eastern Beaches Foreshore Management Plan and Council's proposed response; 

B. Approve the revised Eastern Beaches Foreshore Reserves Management Plan for implementation - provided at Attachment 1; and

C. Authorise the Chief Executive Officer to make minor changes or amendments to the document prior to publishing on Council's website, including reinstating the words "taking a zero tolerance" in Action Item 16.1 so that it reads:  "taking a zero tolerance and timely enforcement approach to any new encroachments."

D. That Council demonstrate its commitment to dune protection by erecting a large sign in the cleared area in front of 70 Lorikeet Drive Peregian Beach and further erect wind erosion protection fencing for the full frontage.

Carried unanimously.

Official minutes · section 56

Read complete item-specific minutes
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 have a declarable conflict of interest in this matter as in early 2020, I received an electoral donation of $750 from Peregian resident Susan Francis. Susan Francis is the partner of Peregian resident Barry Cotterell. Mr Cotterell is the president of the Peregian Beach Community Association (PBCA). The PBCA has provided feedback on the Eastern Beaches Foreshore Reserves Management Plan. The Office of the Independent Assessor and legal advice has indicated the Eastern Beaches Foreshore Reserves Management Plan is not Ordinary Council business because it relates to a specific geographical area and that links to groups who have made submission to it ought to be declared. Although I nor the PBCA, which is a volunteer community group, stand to gain personally or materially through noting this report, I make this declaration out of "an abundance of caution" and commitment to transparency. I believe I can make an impartial decision in the public interest in this matter and l therefore 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.

The CEO assumed the Chair to deal with the Conflict of Interest declaration by Cr Wilkie.

Committee Resolution
Moved:        Cr Joe Jurisevic
Seconded:   Cr Tom Wegener
That Council note the declarable conflict of interest by Cr Wilkie and determine 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 from this decision and that a reasonable person would trust that the final decision is made in the public interest.
For:              Crs Wegener and Jurisevic
Against:       Cr Stewart
Carried.
Crs Wilkie, Stockwell, Finzel and Lorentson did not vote on the above motion.

Cr Wilkie resumed the chair.

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 because my brother Gabriel Cerasani, who until recently, was on the Executive of the Eastern Beaches Protection Association has made submissions to the Eastern Beaches Foreshore Management Plan and owns a property at Beaches Estate, Sunrise Beach. Although I have a declarable conflict of interest on the basis of exercising an abundance of caution I choose to leave the meeting room.
Cr Lorentson left the meeting.

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 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. Although I have a declarable conflict of interest, I believe I can make an impartial decision in the public interest in this matter and l therefore 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.
Committee Resolution
Moved:       Cr Jurisevic
Seconded: Cr Stewart
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 a reasonable person would not consider this a conflict of interest and trust that the final decision is made in the public interest. 
Carried unanimously.
Cr Stockwell, Wilkie and Finzel 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 due to my long standing connection with Noosa District Landcare as one of the inaugural members of the unincorporated group dating back to the 1980s and a current ordinary member. Noosa District Landcare is identified as being consulted in the report. 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 believe I can make an impartial decision in the public interest in this matter and l therefore 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.
Committee Resolution
Moved:Cr Jurisevic
Seconded:Cr Stewart
That Council note the declarable conflict of interest by Cr Stockwell and determine that Cr Stockwell participates and votes on this matter because Council believes that a reasonable person would not consider this a conflict of interest and trust that the final decision is made in the public interest. 
Carried unanimously.
Cr Stockwell, Finzel and Wilkie did not vote on the above motion.

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 during my 2020 Future Noosa Election Campaign I received an electoral donation of $1666.66 from Mr Peter Butt who sits on the Executive Committee of Eastern Beaches Protection Association (EBPA). The EBPA has provided feedback on the Eastern Beaches Foreshore Reserves Management Plan. The Office of the Independent Assessor and legal advice has indicated the Eastern Beaches Foreshore Reserves Management Plan is not Ordinary Council business because it relates to a specific geographical area and given links to groups who have made submission to it ought to be declared. I will now leave the meeting room while the matter is discussed and voted on.
Cr Finzel left the meeting.

Motion
Moved:
Cr Tom Wegener
Seconded:
Cr Joe Jurisevic

That Council note the report by the Environment Officer – Coastal Management to the Planning & Environment Committee meeting dated 8 August 2023 regarding the Eastern Beaches Foreshore Reserves Management Plan and community consultation and:  
A. Note the community input received during the public consultation period for the draft Eastern Beaches Foreshore Management Plan and Council's proposed response; 
B. Approve the revised Eastern Beaches Foreshore Reserves Management Plan for implementation - provided at Attachment 1; and
C. Authorise the Chief Executive Officer to make minor changes or amendments to the document prior to publishing on Council's website.

Amendment No. 1
Moved:         Cr Brian Stockwell
Seconded:   Cr Frank Wilkie
That Item C be amended to read:
C. Authorise the Chief Executive Officer to make minor changes or amendments to the document prior to publishing on Council's website, including reinstating the words "taking a zero tolerance" in Action Item 16.1 so that it reads:  "taking a zero tolerance and timely enforcement approach to any new encroachments."
Carried unanimously.
Amendment No. 2
Moved:        Cr Brian Stockwell
Seconded:  Cr Frank Wilkie
That Item D be added to read:
D. That Council demonstrate its commitment to dune protection by erecting a large sign in the cleared area in front of 70 Lorikeet Drive Peregian Beach and further erect wind erosion protection fencing for the full frontage.
For:         Crs Stockwell, Wilkie, Wegener and Jurisevic
Against:  Cr Stewart
Carried.
Committee Recommendation
Moved:        Cr Tom Wegener
Seconded:  Cr Joe Jurisevic

That Council note the report by the Environment Officer – Coastal Management to the Planning & Environment Committee meeting dated 8 August 2023 regarding the Eastern Beaches Foreshore Reserves Management Plan and community consultation and:  

A. Note the community input received during the public consultation period for the draft Eastern Beaches Foreshore Management Plan and Council's proposed response; 

B. Approve the revised Eastern Beaches Foreshore Reserves Management Plan for implementation - provided at Attachment 1; and

C. Authorise the Chief Executive Officer to make minor changes or amendments to the document prior to publishing on Council's website, including reinstating the words "taking a zero tolerance" in Action Item 16.1 so that it reads:  "taking a zero tolerance and timely enforcement approach to any new encroachments."

D. That Council demonstrate its commitment to dune protection by erecting a large sign in the cleared area in front of 70 Lorikeet Drive Peregian Beach and further erect wind erosion protection fencing for the full frontage.
Carried unanimously.
 

This summary follows this item’s minutes. The established voting totals use their existing method while differences are checked against the full records.

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