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Planning & Environment Committee Meeting

Tuesday, 6 June 2023 @ 9:30AM - #209
Meeting Duration: 43 minutes

This Noosa Council meeting contains very poor audio quality.
This may have affected the transcription below and is beyond our control.

Community Battery tender escalated; 00,000 federal grant with proposed sole‑source not‑for‑profit, Climate grants approved amid conflicts, River management with State anchoring limits and seagrass, Transparency reinforced.

Agenda, decisions & supporting documents

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0:000:070:140:210:280:350:43 Brian StockwellBrian StockwellTom WegenerTom WegenerAmyAmyKim RawlingsKim RawlingsAnnie NolanAnnie NolanKaren FinzelKaren FinzelClare StewartClare StewartAmelia LorentsonAmelia LorentsonLarry SengstockLarry Sengstock

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Full Meeting Insight
Key Decisions & Discussions
• Tom Wegener opened proceedings and confirmed prior minutes; no apologies noted (00:00) [Minutes 1–2].
• Community Battery – Tender Consideration Plan : Committee referred the item to General Committee given its significance; proposal rests on a federal grant of $500,000 for a Noosaville battery with Council as lead, partnering Zero Emissions Noosa Inc. (ZEN) and Yarra Energy Foundation (YEF) (01:12–06:06) [Item 5.1].
• Procurement approach : Officer outlined intent to prepare a tender consideration plan to directly engage not‑for‑profit YEF due to niche expertise installing a front‑of‑meter community battery (North Fitzroy, VIC) and need for community engagement capacity (01:12–06:19) [Item 5.1].
• Climate Change Response Grants (Round 3) : Total awards approved at $59,836; CEO authorised to enter Funding Deeds; focus on emissions reduction and resilience projects (07:24–13:39) [Item 5.2].
• Grants detail : Six community initiatives recommended for full funding, including solar installations (community facilities, Indigenous corporation), strata solar guidance, and “electrify everything” education by ZEN (07:40–13:30) [Item 5.2, Attachment 1].
• Noosa River Stakeholder Advisory Committee (NRSAC) Summary : Council noted achievements with Maritime Safety Queensland (MSQ) on anchoring limits, speed limits, vessel/trailer data, seagrass study, and water quality objectives; Mayor to send thanks to members (32:53–40:26) [Item 6.1].
• Planning Applications by Delegation (April 2023) : Referred to General Committee due to multiple conflicts to ensure quorum (40:44–42:40) [Item 6.2].
• Strategic context : Officers reiterated Noosa’s dual net-zero targets by 2026 for Council and community, framing batteries and grants as delivery mechanisms (04:55–05:55; 11:45–13:30) [Items 5.1, 5.2].
• MSQ coordination : MSQ sees Noosa as a test case for waterway management plans, with marine zoning amendments anticipated later in the year; Council to seek further feedback (39:00–40:21) [Item 6.1].
• Encroachment/river health linkage : Discussion highlighted unlawful structures/stored vessels and foreshadowed imminent encroachment policy to support rehabilitation priorities (36:15–39:00) [Item 6.1].
Contentious / Transparency Matters
• Direct source procurement : Proposal to sole‑source YEF via a tender consideration plan raises probity and value‑for‑money optics; referral to General Committee increases scrutiny (01:12–06:06) [Item 5.1].
• Grants COIs ripple effect : Newly identified conflicts related to Tourism Noosa board links triggered adjournment and the entire environment grants report being laid on the table to General Committee (15:35–32:39) [Item 5.3].
• Quorum management : Delegated planning report shifted to General Committee to maintain “healthy quorum” given numerous COIs, reducing perception of decision‑making by minimal quorum (40:44–42:40) [Item 6.2].
• Public interest test recorded : Council documented reasons to permit participation despite declarable COIs, aiding transparency and defensibility (14:28–15:00) [Item 5.3].
Legal / Risk
• Conflict of interest compliance : Prescribed and declarable COIs were declared and managed under Chapter 5B, with role changes (Acting Chair), recusal, and public‑interest resolutions documented (06:47–07:24; 14:28–17:33) [Item 5.2–5.3].
• Procurement law : A tender consideration plan is permitted under QLD local government procurement framework for complex/unique acquisitions; Council must evidence market analysis, capability, and value‑for‑money to withstand audit or challenge (01:12–06:19) [Item 5.1].
• Delegations : Authority for the Acting CEO, Larry Sengstock , to enter contracts/Funding Deeds must align with adopted financial delegations and resolution wording to avoid ultra vires risk (07:21; 5.1–5.2) [Items 5.1–5.2].
• River management jurisdiction : Anchoring limits and marine zoning sit with MSQ/State; Council’s role is advisory/advocacy and local policy (e.g., encroachment), mitigating overreach risk (36:15–40:21) [Item 6.1].
• Record integrity : The lay‑on‑table motions and adjournment ensured decisions were deferred pending COI resolution, reducing exposure to judicial review for apprehended bias (15:35–32:39) [Item 5.3].
Conflicts of Interest
• Tom Wegener : Prescribed COI as President of Permaculture Noosa re Climate Change Response Grants; recused; Karen Finzel appointed Acting Chair; item passed unanimously (06:47–13:41) [Item 5.2].
• Brian Stockwell : Declarable COIs with Noosa District Landcare and MRCCC; Council resolved participation in public interest for Landcare before report was laid on table due to further COIs (14:28–17:03; 32:39) [Item 5.3].
• Clare Stewart and Karen Finzel : Declarable COIs linked to Tourism Noosa via board member Leigh McCready; triggered adjournment and deferral to General Committee (15:35–32:39) [Item 5.3].
Environmental Concerns (River Health & Management)
• NRSAC outcomes : Coordinated with MSQ on proposed anchoring limits aimed at protecting seagrass and improving navigational safety; community consultation noted (32:53–36:08) [Item 6.1].
• Seagrass decline : Discussion identified anchored vessels scouring seagrass via swing; linked to declines in benthic invertebrates and biodiversity pressures despite strong report cards (36:15–39:00) [Item 6.1].
• Operational planning : Officer proposed a simplified public‑facing river plan backed by a detailed operational plan audited against 2019 actions to drive implementation (32:53–35:46) [Item 6.1].
• Enforcement & rehab : Priority actions include removing unlawful structures/stored vessels and rehabilitating the Frying Pan area, dependent on imminent encroachment policy (36:15–39:00) [Item 6.1].
• Data‑driven regulation : Studies and trailer/vessel data will inform MSQ’s marine zoning amendments; Council to write seeking MSQ feedback and next steps (39:00–40:21) [Item 6.1].
Climate Action & Community Energy
• Community battery : Positioned as a pilot to absorb daytime solar and supply evening demand in Noosaville, supporting community net‑zero aims; ZEN partnership central to community engagement (03:35–05:55) [Item 5.1].
• Grants leverage : Council funding catalyses solar upgrades on community assets, strata education, and electrification advocacy to drive behaviour change and emissions cuts (07:40–13:30) [Item 5.2].
• Targets : Council’s 2026 net‑zero for organisation deemed “non‑negotiable”; community target ambitious but electricity‑sector gains viewed feasible through consumer choices (11:42–13:30) [Item 5.2].
Full Official Meeting Minutes
MINUTES

Planning & Environment
Committee Meeting

Tuesday, 6 June 2023

9:30 AM
Council Chambers, 9 Pelican Street, Tewantin

Committee: Crs Tom Wegener (Chair), Karen Finzel, Clare Stewart, Brian Stockwell

“Noosa Shire – different by nature”
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 6 JUNE 2023

1. ATTENDANCE & APOLOGIES

COMMITTEE MEMBERS
Councillor Tom Wegener (Chair)
Councillor Karen Finzel
Councillor Clare Stewart
Councillor Brian Stockwell

NON COMMITTEE MEMBERS
Councillor Amelia Lorentson

EXECUTIVE
Acting Chief Executive Officer, Larry Sengstock
Director - Strategy and Environment & Sustainable Development, Kim Rawlings Acting Director Infrastructure Services, Shaun Walsh

APOLOGIES
Nil

2. CONFIRMATION OF MINUTES

Committee Recommendation
Moved: Cr Karen Finzel
Seconded: Cr Clare Stewart
The Minutes of the Planning & Environment Committee Meeting held on 9 May 2023 be received and confirmed.
Carried Unanimously.
3. PRESENTATIONS

Nil

4. DEPUTATIONS

Nil

5. REPORTS FOR CONSIDERATION OF THE COMMITTEE

5.1. TENDER CONSIDERATION PLAN - COMMUNITY BATTERY

Committee Recommendation
Moved: Cr Brian Stockwell
Seconded: Cr Tom Wegener
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 6 JUNE 2023

That Planning & Environment Committee Agenda Item 5.1 be referred to the General Committee due to the significance of the issue.
Carried Unanimously.

5.2. CLIMATE CHANGE RESPONSE GRANTS - ROUND 3 - 2023/24

In accordance with Chapter 5B of the Local Government Act 2009, Cr Tom Wegener provided the following declaration to the meeting of a prescribed conflict of interest in this matter:
I, Cr Wegener, inform the meeting that I have a prescribed conflict of interest in this matter in relation to the application by Permaculture Noosa as I am the President of this Association. As a result of my conflict of interest, I will now leave the meeting room while the matter is considered and voted on.

Cr Tom Wegener left the meeting

Committee Resolution
Moved: Cr Clare Stewart
Seconded: Cr Brian Stockwell
That Cr Finzel be appointed as Acting Chairperson of the meeting for this item due to the conflict of interest declaration by Cr Tom Wegner.
Carried Unanimously.
Cr Finzel assumed the Chair.

Committee Recommendation
Moved: Cr Brian Stockwell
Seconded: Cr Clare Stewart
That Council note the report by the Carbon Reduction Project Officer to the Planning & Environment Committee Meeting dated 6 June 2023 regarding the Climate Change Response Grants, and:
A. Award grant funding for the various initiatives totalling the following amounts:
1. Climate Change Project Grants $59,836 (outlined in Attachment 1); B. Authorise the CEO to enter Funding Deeds for the Climate Change Project grants.
Carried Unanimously.

Cr Tom rejoined the meeting and resumed the Chair.

5.3. ENVIRONMENT GRANTS - ENVIRONMENT PROJECT GRANTS (ROUND 18),
MULTI-YEAR ENVIRONMENT COLLABORATIVE (MEC) GRANTS (ROUND 2:
2023-2026) AND ENVIRONMENT ORGANISATION ALLIANCE GRANTS (2023-
2026)

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
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 6 JUNE 2023

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.
Committee Resolution
Moved: Cr Clare Stewart
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 and does not have a close personal 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 longterm collaborator since 1994. I have in the past 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 and 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.

At 9.49am both Cr Stewart and Cr Finzel notified the Chair Tom Wegener that they identified further Conflicts of Interest in relation to recommended funding Tourism Noosa - MEC Grant applications 2023-26 and their relationship with Leigh McCready who is a Board Member.

The Motion in regards to Cr Stockwells COI and Landcare became invalid in line with the Procedural Motion and the report being laid on the table.

The meeting adjourned at 9.50am.
The meeting resumed at 10.03 am.

Procedural Motion
Moved: Cr Tom Wegener
Seconded: Cr Brian Stockwell
That the matter lay on the table until General Committee Meeting due the recently identified Conflicts of Interests.
Carried Unanimously.

6. REPORTS FOR NOTING BY THE COMMITTEE

6.1. NOOSA RIVER STAKEHOLDER ADVISORY COMMITTEE SUMMARY REPORT

Committee Recommendation
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 6 JUNE 2023

Moved: Cr Brian Stockwell
Seconded: Cr Karen Finzel
That Council note the Noosa River Stakeholder Advisory Committee Summary Report by the Principal Environment Officer – River Strategy and Engagement to the Planning and Environment Committee Meeting dated 6 June 2023, and:
A. Note the achievements and outcomes of the Noosa River Stakeholder Advisory Committee and Maritime Safety Queensland, as well as next steps for Noosa River planning; and B. Request that a Thank You letter be sent to Committee members from the Mayor.
Carried Unanimously.

6.2. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY APRIL 2023

Committee Recommendation
Moved: Cr Brian Stockwell
Seconded: Cr Tom Wegener
That Planning & Environment Committee Agenda Item 6.2 be referred to the General Committee due to the number of Conflicts of Interest in this matter to allow for a healthy quorum.
Carried Unanimously.

7. CONFIDENTIAL SESSION

Nil

8. MEETING CLOSURE

The meeting closed at 10.16am.

Full Meeting Transcript Meeting Transcript Below - Select To Listen / Share / Download [[ meetingData.is_audio_only ? 'Audio' : 'Video' ]] Clips

Disclaimer: The transcript below is produced by our own transcription systems and will contain errors and omissions, including incorrect speaker attribution. It is provided for informational purposes only and may be inaccurate or incomplete — do not rely on this content; for definitive statements, speakers, decisions and context, always refer to official council sources. We accept no responsibility or liability for any reliance on it.

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