You are invited to attend the next Ordinary Meeting of Council:



Tuesday, 15 September 2020




Council Chamber

62-64 Menangle Street

Picton NSW 2571

Open to the Public via Webcast





Ordinary Council Meeting


15 September 2020



Ben Taylor

Chief Executive Officer

Ordinary Council Meeting Agenda

15 September 2020



Ordinary Council Meeting Agenda

15 September 2020


Order Of Business

1          Opening. 4

2          Recording of the Meeting. 4

3          Webcast Notice. 4

4          National Anthem.. 4

5          Acknowledgement of Country. 4

6          Apologies and Leave of Absence Requests. 4

7          Declaration of Interest 4

8          Confirmation of Minutes. 4

9          Items to be Tabled. 4

10       Mayoral Minute. 5

10.1          Mayoral Minute. 5

11       Sustainable and Balanced Growth. 6

11.1          Heritage Community Advisory Committee - July 2020 Meeting Minutes. 6

11.2          Finalisation of Wilton Health and Wellbeing Strategy. 8

12       Management and Provision of Infrastructure. 12

No reports this meeting

13       Caring for the Environment 13

13.1          Public Exhibition of the Draft Wollondilly Waste Management Strategy and Action Plan 2020–2025. 13

13.2          Adoption of the Wollondilly Biosecurity Policy and Strategy. 17

13.3          Report on the Status of the Wollondilly Koala Plan of Management 19

14       Looking after the Community. 21

14.1          Gundungurra Indigenous Land Use Agreement 21

15       Efficient and Effective Council 23

15.1          Election of the Mayor and Deputy Mayor 23

15.2          LGNSW Annual Conference - Voting Delegates. 24

15.3          Investment of Funds as at 31 July 2020. 25

15.4          Reduction or Waiver of Council Fees and Charges Policy Review.. 29

16       Notice of Motion/Rescissions. 31

No reports this meeting

17       Closed Reports. 32

17.1          Management of Warragamba Pool 32

18       Questions for Next Meeting. 33

No reports this meeting


1            Opening

Legislative changes to the Local Government Act section 747A now permits Council meetings to be held remotely using audio visual link and is open to members of the community via webcast.

2            Recording of the Meeting

In accordance with Council’s Code of Meeting Practice the electronic recording of the Council Meeting and the use of electronic media during the proceedings is not permitted. This includes devices such as laptops, mobile phones, tape recorders and video cameras.

3            Webcast Notice

Members of the public are advised, in accordance with Section 18 of the Privacy and Personal Information Protection Act 1998 (PPIPA), that Wollondilly Shire Council records and webcasts live all Ordinary and Extraordinary Meetings of Council held in open session for the purpose of facilitating community access. The webcasts are publicly available for viewing on Council’s website.

Video footage collected is of the decision making body only, if you do not wish your image to be recorded please remain in the public gallery.

The webcasts and webcast recordings are protected by copyright and owned by Council. No part of the proceedings of a meeting of the Council may be recorded, copied or made available to others by members of the public without the authority of the Council.

Council may be required to disclose recordings pursuant to the Government Information (Public Access) Act 2009, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation.

4            National Anthem

5            Acknowledgement of Country

The Mayor will acknowledge the traditional Custodians of the Land.

6            Apologies and Leave of Absence Requests

7            Declaration of Interest

8            Confirmation of Minutes

Ordinary Council Meeting - 18 August 2020

9            Items to be Tabled

Disclosure of Interests Register -2019/20

Ordinary Council Meeting Agenda

15 September 2020


10          Mayoral Minute

10.1       Mayoral Minute

File Number:           12275#65



That the Mayoral Minute be accepted.


The Mayor may put to a meeting (without notice) any matter the Council is allowed to deal with or which the Council officially knows about.




Ordinary Council Meeting Agenda

15 September 2020


11          Sustainable and Balanced Growth

11.1       Heritage Community Advisory Committee - July 2020 Meeting Minutes

File Number:           12275#57


Executive Summary

The Heritage Community Advisory Committee is a Committee established by Council consisting of members representing heritage matters. The Committee meets quarterly. The Committee’s purpose is to:

a)      Provide feedback on heritage for consideration on planning matters.

b)      Facilitate communication between industry and various levels of government. 

c)      Create and support opportunities and initiatives that will increase heritage awareness.

To ensure that the work of the Committee is brought to the attention of Council and the Wollondilly community, Committee minutes and recommendations will now be reported to Council.

The purpose of this report is to present the minutes and recommendation of the Heritage Community Advisory Committee meeting held on 15 July 2020.


That Council:

1.       Receives the Minutes of the Heritage Community Advisory Committee meeting of 15 July 2020.

2.       Notes the Committee recommendations that Council: 

a)      Engages with local representatives early on in preparation of a future First Nations Cultural Lands Study.

b)      Engages with the Indigenous Land Use Agreement (ILUA) Committee as well as the relevant Aboriginal land council groups early in planning and land use processes.

c)      Notes that the Gundungurra people are willing to invite and show Councillors around important and sensitive lands pending arrangement of suitable access.



The Committee members discussed Gundungurra cultural heritage matters within Wollondilly Shire. The Committee noted the opportunity for engagement with relevant land council groups and local representatives on land use matters, and requested that Council consider the preparation of a future First Nations Cultural Lands Study.

Council officers confirmed their commitment to liaise with relevant stakeholders in any strategic land use planning processes.

In respect of the Committee recommendation (b) it is noted that a separate report has been included in this agenda on the Gundungurra Indigenous Land Use Agreement and how Council might engage with the Consultative Committee. In addition, Council is engaging with relevant land council groups and local representatives on land use matters and projects including the proposed Great Burragorang Valley Walk and the Mermaids Pool to Potholes walks.



Financial Implications

The costs associated with Council’s Advisory Committees are covered within Council’s operational budget. The costs associated with implementing the recommendations can be absorbed within the current budget.


1.       Heritage Community Advisory Committee Meeting Minutes - 15 July 2020    

Ordinary Council Meeting Agenda

15 September 2020


11.2       Finalisation of Wilton Health and Wellbeing Strategy

File Number:           12275#58


Executive Summary

The purpose of this report is to seek Council’s adoption of the Draft Wilton Health and Wellbeing Strategy.

The Draft Wilton Health and Wellbeing Strategy provides an evidence-based framework to inform Council’s future planning and advocacy for positive health and wellbeing outcomes in the Wilton Growth Area for all residents.

The Draft Strategy was publicly exhibited from 12 May 2020 to 9 June 2020. Nine submissions were received, and minor changes have been made to the Draft Strategy in response to these. The submissions, officer comments and any changes are detailed in this report.


That Council:

1.       Adopts the revised Draft Wilton Health and Wellbeing Strategy;

2.       Acknowledges the work of Council staff and consultants and the Health in Planning Working Group of the Wollondilly Health Alliance in developing the Draft Strategy; and

3.       Notes that the draft Strategy has been revised following community feedback during the recent exhibition period.



Why was this Strategy prepared?

The need for a health and wellbeing strategy for Wilton has long been recognised by Council and the Wollondilly Health Alliance.  It is identified in the Wollondilly Health Alliance Action Plan 2017-2019, as well as in Council’s Operational Plan, Social Planning Strategy, and in Council’s Local Strategic Planning Statement (LSPS), Wollondilly 2040.

Council staff and consultants worked with the Health in Planning Working Group (HiPWG) of the Wollondilly Health Alliance to develop the draft Strategy, which was endorsed for exhibition by Council at its meeting of 16 December 2019.

At its core, this Strategy will serve as an effective framework to achieve Council’s LSPS vision to create a vibrant, healthy and sustainable community in Wilton New Town. 

Wilton Health and Wellbeing Strategy

The final Draft Strategy is attached to this report.

The Draft Strategy is evidence-based and includes case studies focusing on the social determinants of health.  The Strategy considers the factors contributing to healthy behaviours. It is divided into four focus areas as follows:

·    Social infrastructure;

·    Transport and connectivity;

·    Green infrastructure; and

·    Housing.

Each focus area includes priorities and actions for Council and partners. The Draft Strategy recognises the roles of Council and other stakeholders in determining planning outcomes in Wilton.

One of the anticipated benefits of the Draft Strategy is that it will support existing programs, infrastructure and policy positions, using a different lens, with a focus on health and wellbeing rather than traditional planning, government and policy lenses. This provides a stronger form of advocacy and evidence for Council, the community, developers and Government. 

There are over 30 actions identified in the Strategy, with three identified ‘Game changers’ including:

·    On time infrastructure;

·    Connected and walkable places; and

·    Housing for life.


The draft Strategy was prepared jointly by Council staff, consultants and the Health in Planning Working Group of the Wollondilly Health Alliance, including representatives of South Western Sydney Local Health District (Population Health) and the UNSW Centre for Health Equity Training, Research and Evaluation.

Prior to exhibition, the draft Strategy was presented to Councillors, and was workshopped internally with Council staff.  Major land owners were engaged both individually and via the Wilton Landowners Planning Control Group.

The draft Strategy was publicly exhibited from 12 May 2020 to 9 June 2020. Nine submissions were received, including four submissions from individuals, two submissions from community groups, one submission from a public agency, one submission from a developer, and one internal submission from a team within Council.

Minor changes have been made to the draft Strategy in response to submissions. A summary of submissions which resulted in changes is included in the following table:

Table 1- Summary of feedback from exhibition resulting in minor changes to Draft Strategy




K-12 school - is it public or private? Appears to be a large number of primary schools feeding into a single high school, and okay provision of privates, but we need more state high schools.

The K-12 school will be public.

Provision of schools is important for the health and wellbeing of the population, and the Strategy has been updated to strengthen this.

Alteration to 4.4 Priorities for Wilton: Early Delivery of Critical Infrastructure – addition of high schools.

Wilton has terrible communications infrastructure: poor phone reception and slow internet. Not mentioned in Strategy.


Telecommunications infrastructure is crucial for building social connection and allowing residents to participate fully in life, and the Strategy has been updated to better reflect this.


Alterations to 4 Focus Area: Social Infrastructure to include telecommunications infrastructure and promote advocacy for its early provision.

Strategy disparages large residential blocks as socially isolating, without acknowledging the benefit of gardens; Strategy does not suggest that smaller lots should overlook green areas to compensate for this, and does not advocate for community gardens.

The Strategy is based on the available evidence, which indicates that higher residential densities lead to better health outcomes. The Strategy also contains many mentions of the positive impacts of gardens – both private and community – and the Implementation Plan contains an action advocating for community gardens. The existing planning for Wilton takes the approach of smaller lots overlooking green areas, and the Strategy has been updated to reinforce this approach.

Changes to 7.4 – Build Connected Communities to promote smaller lot access to public open space.

Tree cover - growing new trees is difficult and takes time, and Strategy does not encourage protection of existing mature trees

Tree cover will take 20 years to grow, and it will be a very hot 20 years. No mention of green roof or different surfaced pathways, both of which would reduce heat immediately.

Retention of mature trees is an important mechanism for tree canopy provision, and the Strategy has been updated to reflect this.

The draft DCP contains requirements for lighter coloured roofs. In addition, Action 29 in the Implementation Plan promotes energy-efficient housing design, which would encourage such measures as green roofs.

Changes to 6.4 Extending urban tree canopy to encourage retention and protection of mature trees.

No retirement homes or retirement living
No measures to ensure timely delivery of local health services
No measures to ensure that house design considers needs of aging people
No shop-top housing and no corner stores

The needs of aging people and access to health services are mentioned several times throughout the Strategy. 'Corner stores' fall under the planning description of neighbourhood shops, and are a key component of the planning for Wilton. Shop-top housing is likewise a component of the planning for Wilton, but the Strategy has now been updated to include it.

Changes to 7.4 Delivering housing for life to include shop-top housing.

The Strategy does not focus enough on connectivity between Wilton and the rest of the Shire.


The planning for Wilton to date has placed significant emphasis on connections between Wilton and Wollondilly’s existing towns and villages, particularly Picton. However, the draft Strategy focused more on Wilton’s internal connections and connections to regional cities. The Strategy has been updated to better reflect Wilton’s context within Wollondilly.

Changes to 5.4 Develop regional connections to include connections to Wollondilly’s other towns and villages.

The Strategy contains no reference to active green space eg. community gardens and Men's Sheds.

The Strategy contains several references to community gardens, including an action in the Implementation Plan.

No changes proposed.

The Strategy should relate to Council's upcoming Urban Tree Canopy Plan (particularly in Action 22 of the Implementation Plan).

The Urban Tree Canopy Plan will, once adopted, be relevant to the delivery of tree cover, and should therefore be mentioned in the Strategy.

Action 22 revised to refer to the Urban Tree Canopy Plan.

References to biodiversity should be enhanced, particularly with regard to the definition of green infrastructure. The definition at Action 28 of the Implementation Plan should include biodiversity.

Green infrastructure priorities should include retention and enhancement of biodiversity corridors as part of green grid.

The relationship between green infrastructure and biodiversity should be strengthened in the document. The Strategy has been updated to better reflect this.

Changes to Action 28 and the Green Infrastructure chapter to refer to protection of biodiversity.

A table detailing all submissions together with officer comments is included at Attachment 2.


In summary, the feedback varied across the four focus areas but most predominantly around social infrastructure, transport and connectivity. It is noted that some submissions called for the Strategy to contain fine-grained detail on physical infrastructure delivery and to set targets and deliverables. These comments are noted, but this was not the aim or outcome proposed by this particular Strategy.

Covid-19 considerations 

The Strategy is well-timed in light of the Covid-19 pandemic, and the renewed focus on place making to create great public spaces and community places. In adopting the Wilton Health and Wellbeing Strategy, Council has an enhanced opportunity to ensure that healthy principles and social determinants of health are embedded in planning for Wilton new town.

Next steps

Should Council adopt the Strategy, it will be published on Council’s website and distributed to key stakeholders to be considered in the preparation of future planning documents for Wilton.

In order to further build on the strong evidence base of the Strategy, the Wollondilly Health Alliance is preparing to commission a research project that will gather both qualitative and quantitative data on the lived experience of current residents of Wilton. This project will employ a replicable research methodology that will serve as a baseline for a longitudinal study as the Wilton Growth Area develops.

Financial Implications

Adoption of the Strategy will have no direct financial implications for Council.  It will assist in informing future planning for Wilton and in defining design and place making with infrastructure delivery through local and State development contributions.


1.       Wilton Health and Wellbeing Strategy  

2.       Submissions Table     

Ordinary Council Meeting Agenda

15 September 2020


12          Management and Provision of Infrastructure

No reports this meeting

Ordinary Council Meeting Agenda

15 September 2020


13          Caring for the Environment

13.1       Public Exhibition of the Draft Wollondilly Waste Management Strategy and Action Plan 2020–2025

File Number:           10619-2#212


Executive Summary

The purpose of this report is to seek Council endorsement for public exhibition and finalisation of the draft Wollondilly Waste Management Strategy and Action Plan 2020‑2025.

The future of Waste is an important topical issue for Wollondilly, especially as urban growth increases within the Shire. The Waste Strategy is part of a regular cycle of Strategies that informs the community of Council’s direction and intent in working through the aspects of Waste Management, both locally and domestically but also on a regional level.

A number of National and State challenges arising in the recycling sector have resulted in changes to markets for waste commodities, this locally presents challenges and opportunities for Council and its partners in how we deal with waste and provide for the community into the future.

The draft Wollondilly Waste Management Strategy and Action Plan 2020‑2025 will replace the Waste Minimisation and Resource Recovery Strategy.


1.       That the draft Wollondilly Waste Management Strategy and Action Plan 2020‑2025 be placed on public exhibition for at least 28 days.

2.       That, subsequent to the exhibition period, a further report be provided on any submissions and to seek adoption of the draft Wollondilly Waste Management Strategy and Action Plan 2020‑2025.



The replacement Strategy for the Waste Minimisation and Resource Recovery Strategy 2013 to 2018 has been under development for some time.  In the past two years a number of major developments, both domestically and internationally, have created uncertainty for the future of the waste industry and community support and response to waste management, especially recycling.  Consequently, the ways in which Local Government will need to manage waste in the short, medium and long term have become less clear.

The release of Council’s draft Waste Management Strategy and Action Plan 2020–2025 (the Strategy) has been delayed pending clear policy direction from the Commonwealth and State Governments, in particular the outcome of the Inquiry into Australia’s Waste Management and Recycling Industries being conducted by the Commonwealth Government’s Standing Committee on Industry, Innovation, Science and Resources; and the NSW Government’s release of the 20-Year Waste Strategy under the direction of the NSW Environment Protection Authority (EPA). As available information suggests that finalisation of both documents and consequent policy development will be some months away, it is considered appropriate that Council now proceed to adoption of the updated draft Strategy based on the current policy settings and understanding of resident needs.

A key feature of the draft Strategy includes periodic formal reviews wherein any changes required in response to the development of State or Commonwealth Government policies may be addressed during those reviews.



The Strategy

The draft Strategy proposes five key objectives:

1.       Provide a domestic waste management service that meets the needs of Wollondilly residents.

2.       Provide sustainable waste management and resource recovery services that meet the needs of Wollondilly community.

3.       Minimising adverse environmental impacts associated with the provision of waste management services.

4.       ‘Lead by example’ by demonstrating sustainable waste management practices across Council’s services.

5.       Work cooperatively with other councils to seek mutually beneficial and cost-effective regional waste management solutions.

The draft Strategy will aim to deliver these objectives by:

·        Providing a clear outline of Council’s key activities in the management of waste

·        Providing specific actions aimed at achieving the objectives of the Strategy

·        Including target completion dates and expected outcomes from each action.

The draft Strategy will address a number of key areas including but not limited to:

The Circular Economy:

Recycling is an emerging industry over recent decades.  Local Government can contribute and support recycling initiatives; however, the current crisis in Australia’s recycling industry gives rise to the importance of the development of a circular economy if the recycling industry in Australia is to survive.  To provide context to Council’s role in the circular economy, the Strategy provides a brief history of recycling in Australia.  While Local Government has a limited role in the development of a circular economy, the Strategy will identify the role that Wollondilly Shire Council will be able to play.  This is particularly important as the Shire’s population grows and urban centres develop.

Government Strategic and Policy Direction:

Local Government Waste initiatives must align to Federal and State policy.  The Strategy addresses the Commonwealth Government’s National Waste Policy and the National Heavy Vehicle Law as it applies to Council’s delivery of waste management services.  The Strategy provides discussion on the NSW Government’s strategic and policy directions, including the forthcoming 20-Year Waste Strategy; waste diversion targets; the Waste Less, Recycle More initiative; and the Container Deposit Scheme.

Council’s Strategic Waste Management Directions:

Having outlined how policy and strategic directions at a Federal and State level will provide the foundations for Local Government’s strategic waste management directions, the draft Strategy addresses Council’s directions in important areas including:

·        Landfill diversion

·        Domestic waste collection

·        Domestic waste processing and disposal

·        Contamination management in domestic waste bins

·        Domestic kerbside clean-up services

·        Litter management

·        Illegal dumping

·        Council leading by example in waste avoidance and reduction

·        Management of problem wastes such as medical sharps, chemicals, mattresses and e-waste.


Waste Education and Information:

Education and provision of information by Council forms an important part of facilitating the community’s environmentally sustainable management of waste.

This section focusses on key areas including:

·        Community engagement

·        Correct use of the three bin system

·        Publications and promotional material

·        Special events and services

·        Home recycling of kitchen organics.

Business Waste:

The Strategy describes Council’s provision of waste management services for local businesses, including kerbside bin services and access to the Bargo Waste Management Centre for the disposal of bulky commercial, construction and demolition waste. The future consideration of Community Recycling Centres and transfer stations forms part of the overall service provision for Council.

Development Controls:

With development in the Shire set to increase significantly in the next 20 years, it will be important for Council to have controls and guidelines in place to ensure that new developments comply with efficient and environmentally sustainable waste management infrastructure and practices that are easily accessible to occupants of residential, commercial and industrial developments. Importantly, robust development controls and guidelines must be in place to ensure that there is safe and cost‑effective accessibility to the removal of waste from a wider range of housing design (e.g. multi‑occupancy dwellings, ‘fonzie flats’, narrow-lot housing, boarding houses, etc.). This section aims to ensure that Council maintains a set of controls and guidelines that are workable for developers while meeting sustainability and accessibility requirements.

Waste Infrastructure:

The assurance of Council’s and its residents’ access to waste infrastructure in the next 20 years is one of the most important parts of the draft Strategy. The Strategy will address the future of the Bargo Waste Management Centre and alternative disposal options for residents to drop off bulky waste upon the facility’s closure. More importantly, the Strategy describes Council’s long-term options with access to infrastructure for the processing and disposal of domestic waste.

Regional Collaboration:

The Strategy explores and enhances the existing relationships with neighboring councils in initiatives such as secure long-term access to waste infrastructure, joint procurement and shared resources.

Layout & Application of the Strategy

Where appropriate, each section of the Strategy contains a number of specific Actions.  To ensure alignment with the vision to which the Strategy aspires, each Action will reference one or more of the Strategy’s five key Objectives.  Each Action will include a target completion date and, importantly, a performance measure to confirm that it has been completed. The Strategy will be formally reviewed on an annual basis. The purpose of formal reviews will be not only to report on the progress of each Action but to evaluate the contents of the Strategy to ensure that it remains up‑to‑date and relevant.  As outlined earlier in this report, a number of important Commonwealth and State Government reports, strategies and policy statements are likely to be released during the currency of this Strategy.  Review and possible amendments to the Strategy may, therefore, be required earlier than the scheduled annual frequency.


The Strategy has been drafted in consultation with internal stakeholders in Environmental Services and Waste Services.

The preliminary draft Strategy has also been presented to Councillors and identified community opportunities for:  improving litter servicing for the Shire; competitive and cost appropriate services to the community; greater focus on reducing illegal dumping. The waste stream’s end use will directly drive the domestic pick up service and the frequency of servicing.  Councillors are supportive of a domestic service that reflects the needs of the community and supports an improved waste minimisation output and could consider incorporating potential blended waste streams such as Food Organics & Garden Organics (FOGO) under a future collection and management contracts.

It is proposed that, upon supporting the draft Strategy, the draft Strategy go out on Public Exhibition for 28 days and will be reported to Council for adoption.

Financial Implications

Funding for public exhibition process will be sourced from existing operational budgets.

Funding for initial actions in 2020/21 has been allowed for in the recently adopted Operational Plan and the adopted draft Strategy will inform future budget considerations.


1.       DRAFT Waste Management Strategy and Action Plan 2020-2025    

Ordinary Council Meeting Agenda

15 September 2020


13.2       Adoption of the Wollondilly Biosecurity Policy and Strategy

File Number:           12275#69


Executive Summary

Council resolved at the Ordinary Council Meeting held 16 June 2020 to place the draft Biosecurity Policy and the draft Biosecurity (Weed Management) Strategy on public exhibition. Exhibition was undertaken between 13 July 2020 and the 10 August 2020 with one submission received which did not, after assessment, result in any amendments.

This report recommends that the Policy and Strategy be adopted.


1.       That Council adopt the Wollondilly Biosecurity Policy and the Biosecurity (Weed Management) Strategy with review period to be in 2020.

2.       That the adopted Wollondilly Biosecurity Policy and the Biosecurity (Weed Management) Strategy Activities be reported annually through Council’s Operational and Delivery Plan reporting processes.



The NSW Biosecurity Act 2015 has replaced the Noxious Weeds Act 1993.  The Noxious Weed Control Policy and Protocol, which was last adopted in 2013, is now superseded by the current legislation and substantially different in content due to the changes in the Acts.  The new draft policy is based on the objectives for the Biosecurity Act 2015.

The Wollondilly Biosecurity (Weed Management) Strategy has concurrently been developed to replace the former protocol and reflect the substantial legislative changes to redefine the priorities for Council.

Currently, NSW is in the process of reforming its weed, pest and disease biosecurity legislation.  Together, the NSW Biosecurity Strategy 2013-2021 and NSW Biosecurity Act 2015 (which repeals the Noxious Weeds Act 1993) provide a clear vision for safeguarding our primary industries, natural environments and communities from a range of biosecurity threats (pests, diseases and weeds).

The Biosecurity Act 2015 applies equally to all land in the region, whether public or private i.e. it is tenure neutral; and contains a range of new regulatory tools and a General Biosecurity Duty (GBD) that support this approach to managing weed biosecurity risk.

The draft Wollondilly Biosecurity Strategy 2020-2025 outlines these new tools, including Prohibited Matter, Biosecurity Zones, Mandatory Measures and Control Orders and how they will be applied. The Strategy was developed to formalise an approach to weed management in the Wollondilly Local Government Area as weed control is important protecting the remaining agricultural activities within the Shire as well as native flora and fauna.


Public Consultation occurred between 13 July 2020 and the 10 August 2020 with the document placed on Council’s website and ‘Your Say Wollondilly’ being Council's online community engagement platform. In total, 27 downloads (16 of the Policy and 11 of the Strategy) and 74 total visits to the Biosecurity Exhibition webpage on the ‘Your Say Wollondilly’ website.

Information about the exhibition was also posted on Council’s website, and advertised twice via Facebook; initially on 2 July 2020 and a last chance reminder on 8 August 2020 (see attached screenshots).  Submissions closed 12 August 2020.

Additionally, Council’s Rural Industry Community Advisory Committee was addressed with a presentation given on 3 June 2020 and copies of the policy and strategy sent out to its members.

One submission, regarding a specific concern about possible Fireweed (Senecio madagascariensis) infestation on an adjacent property, was received. The submission was reviewed; however, it did not result in any need for changes to the content of the Strategy or Policy.

It is recommended that Council adopt both the Wollondilly Biosecurity Strategy and Policy.

Financial Implications

Resources have been allocated within Council’s existing Operational Plan for Council’s current service levels for managing Biosecurity and action plan, although various grant funding programs will continue to be sought to add value to extension work and programs.


1.       Draft Wollondilly Biosecurity Policy  

2.       Draft Wollondilly Biosecurity (Weed Management) Strategy    

Ordinary Council Meeting Agenda

15 September 2020


13.3       Report on the Status of the Wollondilly Koala Plan of Management

File Number:           12275#70


Executive Summary

At its meeting of 21 July 2020, Council resolved that a report come to Council on the Koala Management Plan progression. This report is in response to the resolution.

Council has been involved in the preparation of two Koala Plans of Management (KPoM) within the Shire:

1.   The Wilton South East Growth Area known as the Wilton South East / Allens Creek Koala Plan of Management, being developed by Walker Corporation and Council.

2.   Council’s own shire-wide Comprehensive Koala Plan of Management

A Koala Plan of Management and associated documents, such as the vegetation management plan, provide key actions that landholders (Developer, Council, future landowners) will need to undertake to ensure the long term management of key habitat. Due to the importance of the documents and the compliance with the State Legislation, there is a requirement for the plan to be reviewed and endorsed by the State upon its completion and submission by Council.

Both documents are in different stages of completion, with the Wilton South East KPoM close to finalisation for submission to Department of Planning Infrastructure & Environment for review and endorsement, with the development of Comprehensive KPoM still in progress.


That Council note that:

1.   The Wilton South East / Allens Creek Koala Plan of Management, being developed by Walker Corporation with Council, will imminently be finalised and submitted to DPIE for consideration now that the Cumberland Plain Conservation Plan has been publicly released.

2.   Council’s shire-wide Comprehensive Koala Plan of Management requires further survey work prior to finalisation and is anticipated to be reported to Council recommending release for public exhibition in late 2020.



The protection of Wollondilly’s koala population and its habitat is of significant importance to both Council and the community. As a result, Council is working within its jurisdiction and resourcing capability to drive best practice koala management in Wollondilly.

The State Environmental Planning Policy (SEPP) (Koala Habitat Protection) 2019 {which replaced the SEPP 44 – Koala Habitat Protection} requires a Koala Plan of Management to be prepared when any proposal impacts a known koala habitat. For Council, the knowledge of confirmed koala habitats has only been achieved by research and projects in the Wollondilly Shire that have acknowledged the habitat.

The Cumberland Plain Conservation Plan is a State document that maps important vegetation corridors. This plan is in its final stages for completion. Council has been awaiting the release of this document to ensure that the key vegetation corridors are appropriately considered in both of the Koala Plans of Management.

An overview of works relating to Council’s shire-wide Comprehensive Koala Plan of Management and the Walker Corporation’s Koala Plan of Management for Allens Creek, Wilton is provided below:

Walker Corporation’s Koala Plan of Management:

·        A final draft of the Allens Creek Koala Plan of Management (KPoM) has been submitted to Council. The final draft includes Council’s requested amendments and ensuring that the KPoM aligns with the South East Wilton Vegetation Management Plan as the two plans are integrated to work concurrently.

·        Final endorsement of the Allens Creek KPoM was also pending the release of the Cumberland Plain Conservation Plan by DPIE as this may have had bearing on corridor protection across the growth area.

·        Now that the Cumberland Plain Conservation Plan has been publicly released, the finalisation and submission to DPIE of Walker’s KPoM is imminent.

Council’s Comprehensive Plan of Koala Management:

·        Shire-wide comprehensive Koala Plan of Management (CKPoM). The timeline for development of Council’s CKPoM has been governed by State Government legislation and guidelines.  Councils are required to do comprehensive plans encompassing the whole Local Government Area as per the State Environmental Planning Policy – Koala Habitat Protection.

·        The State Government’s draft Koala Habitat Protection Guideline was on exhibition from 2 March 2020 until 6 April 2020 and has still not been finalised.

·        In order to progress Council’s CKPoM development process, it was decided to use the draft Guideline to develop Council’s CKPoM.  The project is being funded by State Government out of Council’s LEP review project.

·        Ecosure Pty Ltd was engaged to assist in the development of the CKPoM. A draft CKPoM was received June 2020; however, the need for further survey work be undertaken in the northern and western sections of Wollondilly was identified as there was insufficient data compared to the SEPP guidelines.

·        Koala surveys are only able to commence from September to November as per the Guidelines.

·        Landholder notifications to key properties are currently underway to request permission to undertake survey work on their property.

·        Once the survey work is completed, the draft CKPoM will be updated and reported to Council for review and public exhibition, anticipated in late 2020.


·        Walker Corporation’s Koala Plan of Management.

·        Threatened Species Officer and Conservation Assessment Officer from Environment, Energy & Science (formerly OEH).

·        Landholder consultation will be undertaken in August/September 2020 to make them aware of the project and request permission to undertake survey work on their lands.

Financial Implications

The development of the Council’s CKPoM is funded by the State Government as part of the LEP review project. The project was put forward to DPIE for approval by Strategic Growth.



Ordinary Council Meeting Agenda

15 September 2020


14          Looking after the Community

14.1       Gundungurra Indigenous Land Use Agreement

File Number:           12275#59


Executive Summary

At its June 2020 meeting Council resolved that Council explores the opportunity to be co-signatories to the Gundungurra Indigenous Land Use Agreement (ILUA) and a report come back from Council with a way forward to do this.. This report is in response to the resolution.

This report discusses the Gundungurra Indigenous Land Use Agreement (ILUA) and considers whether Council could enter into the agreement as a signatory or, alternatively, participate through its Consultative Committee.

The report recommends that Council write to the Chair of the Gundungurra Consultative Committee seeking advice on how Wollondilly Shire Council can contribute to the principles and implementation of the ILUA and if Wollondilly Shire Councils participation, as an invited participant, on the Consultative Committee could be considered as a way to achieve this.


1.       That Council endorse in principle the concept of supporting the Gundungurra Indigenous Land Use Agreement (ILUA) and its principles

2.       That Council write to the Chair of the Gundungurra Indigenous Land Use Agreement (ILUA) Consultative Committee seeking advice as to the best way Wollondilly Shire Council can contribute to the principles and implementation of the ILUA, including for example Wollondilly Shire Council’s participation on the Consultative Committee as an invited participant.

3.       That should the Gundungurra Indigenous Land Use Agreement (ILUA) Consultative Committee invite Wollondilly Shire Council’s participation on the Consultative Committee, Council agree to participate to contribute to the principles and implementation of the ILUA.



At its meeting of June 2020 Council resolved the following:

That Council explores the opportunity to be co signatories to the Gundungurra Indigenous Land Use Agreement (ILUA) and a report come back from Council with a way forward to do this.

The Gundungurra Indigenous Land Use Agreement (ILUA) was a Deed of Agreement made in June 2014. Its signatories were:

·    Elsie Stockwell and Mervyn Trindall (on their own behalf and on behalf of the Gundungurra people)

·    The Gundungurra Tribal Council Aboriginal Corporation

·    The Gundungurra Aboriginal Heritage Association

·    Brad Hazzard, the then Attorney General of New South Wales

·    Andrew Stoner, the then Deputy Premier of New South Wales

·    Robyn Parker, the then NSW Minister for the Environment

·    Terry Bailey, the then CEO of the Office of Environment and Heritage

·    Fiona Smith, the then Acting CEO of the Sydney Catchment Authority

·    Nick Roberts, the then CEO of the Forestry Corporation of NSW

·    Blue Mountains City Council.

The Agreement Area covered by the ILUA includes lands across parts of the Local Government Areas of the Blue Mountains, Wollondilly, Wingecarribee, Oberon, Upper Lachlan and Goulburn Mulwaree.

The purpose of the ILUA was to provide for the withdrawal of six Gundungurra Native Title claims which were pending at the time. In exchange the ILUA established a framework giving the traditional owners an ongoing consultative voice regarding how their traditional lands are managed and used. This was enabled via the establishment of a Gundungurra Consultative Committee which considers the use and management of certain lands within the ILUA Agreement Area.

The Gundungurra Consultative Committee meets three times per year minimum and is currently chaired by a member of the Gundungurra Aboriginal Heritage Association.

Representatives from the Gundungurra Tribal Council Aboriginal Corporation, the Gundungurra Aboriginal Heritage Association, National Parks and Wildlife Services, The NSW Office of Environment and Heritage, Sydney Catchment Authority, Forestry NSW, and Blue Mountains Council sit on this committee and consider matters relating to lands within the ILUA Agreement Area.

The Committee Can make recommendations to the State and Local Government agencies listed above relating to how lands controlled by those agencies are used and managed.

The Committee can also agree to extend membership to “invited participants”, although any such invited participant may or may not have voting rights depending on a decision of the Committee.


Council has sought advice regarding an opportunity to become a signatory to the Gundungurra Indigenous Land Use Agreement (ILUA) and it is unlikely and impractical as it require all parties to renegotiate a new Agreement.

As Wollondilly Shire Council was not a party to the original proceedings we have no legal “standing” to be a party to the ILUA. There is also a risk that in becoming a party to the ILUA, Wollondilly Shire Council could be seen to make admissions with respect to potential native title claims over Wollondilly Shire Council lands.

A more feasible approach is to request to participate, with consent, in the Consultative Committee. (As noted above there are clauses within Schedule D of the ILUA which enable adjustments to the size and composition of the Consultative Committee through the option of “invited participants”).

Financial Implications

This matter has no financial impact on Council’s adopted budget or forward estimates.


1.       Gundungurra Indigenous Land Use Agreement     

Ordinary Council Meeting Agenda

15 September 2020


15          Efficient and Effective Council

15.1       Election of the Mayor and Deputy Mayor

File Number:           12275#39


Executive Summary

The election of the Mayor and Deputy Mayor occurs each 2 years with current appointments ending on the 15 September 2020.

The Minister for Local Government published orders postponing the next ordinary local government elections in response to the Covid-19 pandemic and advised the next elections will be held 4 September 2021.

The Office of Local Government (OLG) distributed a circular advising the making of the orders will not affect the requirement to hold mayoral elections. Mayoral elections must be held for mayors elected in September 2018 when their two year terms expire in September 2020. The circular is attached.


That Council conduct the election of the Mayor and Deputy Mayor in accordance with Schedule 7 of the Local Government (General) Regulations 2005:

1.       The election of the Mayor and Deputy Mayor be conducted at this meeting.

2.       The term of the Mayor be for the remainder of this term of Council or two years, whichever occurs first.

3.       The term of the Deputy Mayor be for the remainder of this term of Council or two years, whichever occurs first.



The Mayor and Deputy Mayor are elected by the Councillors from amongst their number. Although the Mayoral term is ordinarily two years, for this election the term will be until the rescheduled election in September 2021 or up to two years, if there is any further postponement of the election. This also applies to the term for the Deputy Mayor.

Schedule 7 of the Local Government (General) Regulation 2005 outlines the rules for the election including the process for nomination of candidates and method of voting amongst other procedural requirements. A copy of Schedule 7 is attached to this report.

As allowed by the Local Government (General) Regulation the CEO has appointed the Assistant Director People, Legal and Governance as the Returning Officer for the election of the Mayor and Deputy Mayor. The Chair is vacated prior to the election being held.

Notification of the results of the election will be sent to all relevant parties in particular the Minister for Local Government and the Chief Executive Officers of the Office of Local Government and Local Government NSW.


Councillors have been provided with nomination forms for these positions.

Financial Implications

This matter has no financial impact on Council’s adopted budget or forward estimates.


1.       Circular 20-10  

2.       Schedule 7 - Local Government (General) Regulation 2005    

Ordinary Council Meeting Agenda

15 September 2020


15.2       LGNSW Annual Conference - Voting Delegates

File Number:           12275#49


Executive Summary

The purpose of this report is to determine Council’s voting delegates for the Local Government NSW (LGNSW) Annual Conference 2020.

Council is entitled to four voting delegates for motions in 2020. The names of these delegates must be provided to LGNSW by Tuesday, 3 November 2020.

Council has to date, resolved to submit 3 motions to the Conference for discussion.


That the voting delegates for the 2020 LGNSW Annual Conference for motions be the Mayor, Deputy Mayor and two councillor representatives to be determined at this meeting.



Conference Date and Location

LGNSW announced that this year’s Annual Conference will be held virtually on Monday 23 November 2020 due to the Covid-19 pandemic. The Conference is the annual policy-making event for NSW general-purpose councils and associate members where local councillors come together to share ideas and debate relevant issues. The conference typically held over three days will be reduced to a half day format. Information on the program is still emerging however the requirement to submit motions and register voting delegates will remain.


Voting Entitlement and Submission Deadlines

LGNSW have advised that Council is entitled to 4 voting delegates. The names of Council’s delegates to vote on conference motions must be provided by Tuesday 3 November 2020.


Conference rules allow Council to substitute the names of the voting delegates it submits to LGNSW after the deadline should it need to.


Conference Motions

The closing date for on time submission of conference motions is Monday 28 September 2020.


Council has to date resolved to submit 3 motions to this year’s conference relating to:

·    Amendments to the State Environmental Planning Policy (SEPP) (Exempt and Complying Development Codes) 2008 to address farm shed loophole

·    The creation of a Local Government Service Award for individual first responders

·    The appointment of a dedicated Local Government representative on National Cabinet.


Consultation was carried out with LGNSW.

Financial Implications

Funding has been allocated and is available under the Councillor Expenses component of the Local Democracy budget.



Ordinary Council Meeting Agenda

15 September 2020


15.3       Investment of Funds as at 31 July 2020

File Number:           12275#68


Executive Summary

The purpose of this report is to provide details of Council’s invested funds as at 31 July 2020.


That the information and certification in relation to the investment of Council funds as at 31 July 2020 be noted.



At its last meeting, the Reserve Bank decided to maintain the current policy settings, including the targets for the cash rate and the yield on 3-year Australian government bonds of 25 basis points. In relation to the domestic market, the Board of the Reserve Bank commented that:


“The global economy is experiencing a severe contraction as countries seek to contain the coronavirus. Even though the worst of this contraction has now passed, the outlook remains highly uncertain. The recovery is expected to be only gradual and its shape is dependent on containment of the virus. While infection rates have declined in some countries, they are still very high and rising in others. International trade remains weak, although there has been a strong recovery in industrial activity in China over recent months.


Globally, conditions in financial markets remain accommodative. Volatility has declined and there have been large raisings of both debt and equity. The prices of many assets have risen substantially despite the high level of uncertainty about the economic outlook. Bond yields remain at historically low levels.


The Bank's mid-March package of support for the Australian economy is working as expected. There is a very high level of liquidity in the Australian financial system and borrowing rates are at historical lows. Authorised deposit-taking institutions are continuing to draw on the Term Funding Facility, with total drawings to date of around $29 billion. Further use of this facility is expected over coming months.


Government bond markets are functioning normally alongside a significant increase in issuance. The yield on 3-year Australian Government Securities (AGS) has been consistent with the target of around 25 basis points. The yield has, however, been a little higher than 25 basis points over recent weeks. Given this, tomorrow the Bank will purchase AGS in the secondary market to ensure that the yield on 3-year bonds remains consistent with the target. Further purchases will be undertaken as necessary. The yield target will remain in place until progress is being made towards the goals for full employment and inflation.


The Australian economy is going through a very difficult period and is experiencing the biggest contraction since the 1930s. As difficult as this is, the downturn is not as severe as earlier expected and a recovery is now underway in most of Australia. This recovery is, however, likely to be both uneven and bumpy, with the coronavirus outbreak in Victoria having a major effect on the Victorian economy. Given the uncertainties about the overall outlook, the Board considered a range of scenarios at its meeting. In the baseline scenario, output falls by 6 per cent over 2020 and then grows by 5 per cent over the following year. In this scenario, the unemployment rate rises to around 10 per cent later in 2020 due to further job losses in Victoria and more people elsewhere in Australia looking for jobs. Over the following couple of years, the unemployment rate is expected to decline gradually to around 7 per cent.


The Board also considered other scenarios. A stronger recovery is possible if progress is made in containing the virus in the near future. This progress would support an improvement in confidence and a less cautious approach by households and businesses to their spending. On the other hand, if Australia and other countries were to experience further widespread lockdowns, the recovery in both output and the labour market would be delayed. Details on these scenarios will be provided in the Statement on Monetary Policy on 7 August.


In each of the scenarios considered by the Board, inflation remains below 2 per cent over the next couple of years. In the most recent quarter, CPI inflation fell to –0.3 per cent in year-ended terms, reflecting lower oil prices and the effects of various policy measures, including the decisions to make child care and some pre-school free for a period. Inflation is expected to return to positive territory in the current quarter. Beyond that, given the ongoing spare capacity in the economy, inflation is expected to average between 1 and 1½ per cent over the next couple of years.


As Australians deal with the coronavirus, the economy is being supported by the substantial, coordinated and unprecedented easing of fiscal and monetary policy. The Australian Government's recent announcement that various income support measures will be extended is a welcome development and will support aggregate demand. It is likely that fiscal and monetary stimulus will be required for some time given the outlook for the economy and the labour market.


The Board is committed to do what it can to support jobs, incomes and businesses in Australia. Its actions are keeping funding costs low and assisting with the supply of credit to households and businesses. This accommodative approach will be maintained as long as it is required. The Board will not increase the cash rate target until progress is being made towards full employment and it is confident that inflation will be sustainably within the 2–3 per cent target band.”


 The majority of Council’s investment portfolio (95%) is invested in deposits / securities with Australian Authorised Deposit taking Institutions (ADI’s).  Council has been taking advantage of term deposit “specials” from various institutions without overexposing the portfolio to any one institution. Note that the marked to market valuations on some of the direct investment products in Council’s portfolio remain at less than the face value of the investment.  The marked to market value of these investments is expected to be equal to or greater than the face value by the time they reach their maturity date.  Early exit from these products would realise losses.


The following chart compares Council’s portfolio yield with the benchmark AusBond Bank Bill Index rate in each month for 2019/20 and 2020/21. 

As shown in the chart above, Council’s portfolio yield greatly exceeds the benchmark AusBond 3 month Bank Bill Index due to the prudent investment of Council’s portfolio.


Under Reg 212 of the Local Government (General) Regulation 2005, Council’s Responsible Accounting Officer must provide Council each month with a written report setting out details of all money that Council has invested under section 625 of the Act.


Council’s investment portfolio as at 31 July 2020 is summarised below.

Details of Council’s investment portfolio as at 31 July 2020 are provided in attachment 1.



Independent advice regarding the investment of Council funds was provided by Prudential Investment Services Corp and a portfolio review has been undertaken to ensure that the portfolio remains appropriate in the current environment.


The advice of Prudential Investment Services is that “Council has a well diversified portfolio of term deposits and bank issued bonds from the highest quality institutions in Australia.  No change in Council’s investment strategy is recommended in response to the current market conditions.”

Financial Implications

Council continues to invest those funds which, having regard to Council’s Resourcing Strategy 2017/18 – 2020/21 and adopted Operational Plan 2020/21, are not required to manage Council’s day-to-day cash flow or have been identified as required to fund specific future projects and expenditure or anticipated (budgeted) future commitments.

Interest earned is allocated to restricted cash and income in accordance with Council’s adopted budget, policy and legislative requirements. Accrued interest to 31 July 2020 was $388,190.

The chart below compares actual interest received to date with budgeted interest for the year.



Interest for the month of July represented an increase of 2.01% pa vs the bank bill benchmark of 0.11% pa for the month.


The Floating Rate Note capital value component of Council’s portfolio value continued to improve during June.


The Reserve Bank of Australia has continued to keep interest rates low.


I hereby certify that Council’s investments have been made in accordance with Sec 625 of the Local Government Act 1993, clause 212 of the Local Government (General Regulations) 2005 and Council’s Investment Policy.


Clair Hardy

Chief Financial Officer




1.       July 2020 Investment Summary Report    

Ordinary Council Meeting Agenda

15 September 2020


15.4       Reduction or Waiver of Council Fees and Charges Policy Review

File Number:           12275#9


Executive Summary

The purpose of this report is to notify Councillors of the proposed changes to the Reduction or Waiver of Council Fees and Charges Policy.

Section 610E of the Local Government Act 1993 allows Council to waive payment of, or reduce, a fee in a particular case if it is satisfied that the case falls within a category of hardship or any other category that Council has determined that fees may be waived or reduced.

The Reduction or Waiver of Council Fees and Charges Policy sets out to provide a framework for the consistent and equitable assessment of requests for the reduction or waiver of Council fees and charges for the use of Council facilities or other operational services provided by the Council.

This report serves to progress the latest revision of Council’s Reduction or Waiver of Council Fees and Charges Policy and recommends that the Policy be placed on exhibition.


1.       That Council endorse the public exhibition of the Reduction or Waiver of Council Fees and Charges Policy for a period of 28 days with a further 14 days for submissions.

2.       That a report come to Council following the submission period for the policy to be adopted.



This policy deals only with the reduction or waiver of Council fees and charges and seeks to ensure:

·        A standard process for applicants to follow

·        Equitable assessment of each request received

·        Transparency and accountability to the community

·        Effective reporting mechanisms.

Council’s existing policy was developed and refined over time specifically for facility hire (i.e. halls) and as such had a narrow range in its applicability.  However, Council considers requests for a range of other fees and charges, such as Development Application fees, which came under stark focus following the Green Wattle Creek Fire.

The existing policy also had a very low threshold for the quantum of reduction that could be determined by delegation, leading to a protracted process for considering relatively small amounts by current day standards.

The proposed revision to the policy has been carried out in consultation across the relevant Council departments to be all encompassing and also serves to introduce tiered thresholds that can be determined under delegation to assist in streamlining consideration of any application, whilst maintaining appropriate oversight.

It is recommended that the policy be placed on exhibition, further refined following any feedback received and reported back to Council for further consideration.


Internal consultation involving various departments and benchmarking with other councils.

Financial Implications

A loss of income will be incurred as a result of implementing this policy and needs to be considered when determining any application.


1.       Draft - Reduction or Waiver of Council Fees and Charges Policy     

Ordinary Council Meeting Agenda

15 September 2020


16          Notice of Motion/Rescissions

No reports this meeting   

Ordinary Council Meeting Agenda

15 September 2020


17          Closed Reports  


1.         That Council considers the confidential report(s) listed below in a meeting closed to the public in accordance with Section 10A(2) of the Local Government Act 1993:

17.1       Management of Warragamba Pool

This matter is considered to be confidential under Section 10A(2)(c) of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business

The report pertains to the possible formation of a contract with financial details of another party.

2.         That pursuant to Section 10A(1) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of Section 10A(2).


3.         That the correspondence and reports relevant to the subject business be withheld from access to the media and public as required by Section 11(2) of the Local Government Act 1993.





Ordinary Council Meeting Agenda

15 September 2020


18          Questions for Next Meeting

No reports this meeting