Supplementary Agenda of Ordinary Council Meeting

Executive Manager's Report No. EN30/09

Environment Division

Date of Meeting: 14/10/2009

21 HORNSBY SHIRE 2020: FRAMEWORK FOR A SUSTAINABLE FUTURE

EXECUTIVE SUMMARY

Hornsby Shire 2020: A Framework for a Sustainable Future (the ‘Framework’ – see Attachment 1) encompasses all of Council’s policies, strategies and directions into one overarching document that addresses the individual responsibilities of Council and provides a community and organisational engagement model.

The Framework has been incorporated into Council’s Management Plan 2009/10 – 2011/12. Linking Council’s Management Plan with the Framework enables consistent and comprehensive review and reporting on how day-to-day actions are helping to achieve Council’s aims and vision of a sustainable Hornsby Shire.

The Framework strengthens Council’s focus and practice towards achieving a sustainable future for Hornsby Shire. It aims to establish and build a strong culture of sustainability within Council and the community. The Framework has been developed to support Council’s organisational values and can absorb changes in strategies and policies.

It is anticipated that the Framework will be used in the development of a Community Strategic Plan for the Shire as part of the implementation of the Department of Local Government’s Integrated Planning Framework.

PURPOSE/OBJECTIVE

This report provides an overview of Hornsby 2020: A Framework for a Sustainable Future (Attachment 1) for Council's consideration and endorsement.

DISCUSSION

Background

In 2006 Hornsby Shire Council received seed funding from the NSW Environmental Trust to produce a Hornsby Earthwise Sustainability Plan (now known as Hornsby Shire 2020: A Framework for a Sustainable Future). The Framework has been developed over a two year period in consultation with staff, management and community representatives. It aims to integrate our current policies, procedures, strategies and programs.

In order to develop the Framework, the following reviews and activities were undertaken:

· A Sustainable Health check

· The development of a futures paper by the Institute of Sustainable Futures

· Managers engagement at a management forum

· Staff Engagement Day

· Hornsby 2020 Community Forum

The purpose of the above was to gain a complete understanding of the linkages within Councils’ key operating documents and the influences to these.

Further to the above, Council consulted the groups/committees below to determine what the community (both internally and externally) envisaged for Hornsby Shire in the future.

· Triple Bottom Line Working Committee (TBL):

This comprises representatives from a number of divisions within Council. The committee’s role is to ensure social, economic and environmental issues are considered in Council’s reporting and decision making process.

· Management / Staff:

An engagement day was held to aid the development of the Planning Web ™ and identify a set of guiding principles.

· Sustainable Action Committee (SAC):

This committee comprises residents, staff and councillors. Two workshops were conducted with the group to identify what ‘creating a living environment’ meant to them and how Council’s strategic themes could be implemented.

· Hornsby 2020 Community Forum:

Focussed on issues raised in the futures paper and what residents can do to reduce their impact on the environment.

Hornsby Shire 2020: A Framework for a Sustainable Future

The aim of the Framework is to:

· protect and enhance our natural environment

· encourage resilient local economy and sustainable resource use

· enhance our social and cultural wellbeing

· provide effective community infrastructure and services

· guide towards a sustainable future

The Framework establishes our organisational approach for developing a strong culture of sustainability and working with the community and other levels of government. The Framework consists of a Planning Web ™ and five guiding principles (see Attachment 2).

The Planning Web ™ encompasses key community values, sustainability principles, Council’s strategic intent and our aims for a sustainable Hornsby Shire. The Planning Web ™ also consists of five strategic themes of governance, ecology, economy, human habitat and society and culture which were developed in consultation with Council staff and the community.

Five guiding principles have been developed, based on the UN principals for sustainability, to assist Council staff in ensuring integration of the Framework into our day-to-day activities. These principles are:

· to promote choices with benefits now and in the future

· to provide opportunities for communication, participation and social equity

· to support the wellbeing of our community and the health of our environment

· to identify and meet challenges and consider and manage risk

· to lead by example and support learning for sustainability.

These principles will be applied to our day-to-day activities and the development and implementation of Council’s plans, projects and strategies.

BUDGET

Seed Funding from the NSW Environmental Trust was secured in 2006 to establish the Framework. There are no immediate budget implications contained within this report. It is envisaged that the majority of the actions can be absorbed by current divisional budgets.

POLICY

Hornsby 2020: A Framework for a Sustainable Future provides a reporting mechanism to ensure compliance with the below NSW legislative requirements.

In NSW the Local Government Act 1993 introduced a definition of Ecological Sustainable Development (ESD) and established the statutory basis for us to consider and apply sustainability to our work. The Act requires ‘councils, councillors and council employees to have regard to the principles of ecological sustainable development in carry out their responsibilities’. [s 7(e)]

In addition to requirements under the Local Government Act, over the next few years Council’s corporate planning and reporting will be undergoing changes as a new integrated planning and reporting framework is implemented for local government by the NSW Department of Local Government. This meta-framework requires Council to focus on its short-term operational plans and reporting within a longer term planning context based around the key elements of the environment, community, economy, built environment and governance.

It is anticipated that the Framework will be utilised during the development of Council’s corporate documents including the Social Plan, Management Plan, Annual Report and Sustainability Report. To date the Frameworks Planning Web™ has been included in the 2009/10-2011/12 Management Plan and has guided the formation of the draft Social Plan (see Council Report CC68/09).

CONSULTATION

Hornsby 2020: A Framework for a Sustainable Future was developed over a two year period in consultation with the Triple Bottom Line Working Group, managers and staff at information days, the Sustainable Action Committee and the community through the Hornsby 2020 Community Forum.

TRIPLE BOTTOM LINE SUMMARY

Triple Bottom Line attempts to improve Council decisions by being more accountable and transparent on social, environmental and economic factors. It does this by reporting upon Council's strategic themes.

Working with our community

The preparation of the Framework provides an improved sustainability focus for our combined work and actions. It will be used to improve decision-making and better align our strategic planning, service provisions, asset management and operational responses. Council will continue to work in partnership with residents and community groups to ensure that the community’s needs, challenges and opportunities are addressed in a timely and equitable manner. The Framework will be utilised in the development of a community strategic plan over the next few years.

Conserving our natural environment

Protecting and enhancing our natural environment is one of the five themes defined within the Framework. The Framework will require Council to work along side our community to care for our natural environment by maintaining waterway catchments, focusing on reducing our ecological footprint and ensuring we strive towards achieving our ecological goals.

Contributing to community development through sustainable facilities and services

The Framework will ensure we provide effective community infrastructure and services by integrating built, landscaped and natural areas as well as planning and providing for services and infrastructure needed by residents and visitors. Council will achieve this outcome by providing socially responsive and ecologically sustainable infrastructure and services.

Fulfilling our community’s vision in planning for the future of the Shire

The Framework requires the evaluation of Council projects, strategies and policies, ensuring that we are having the desired impact and that we are meeting our communities’ expectations. Hornsby 2020: A Framework for a Sustainable Future fulfils our community’s vision in planning for the future of the Shire as it sets long term strategic goals for the operation of Council.

Supporting our diverse economy

Fostering a vibrant local economy and sustainable resource use, was identified in the Framework as another key theme. Our aim is to support business, investment and development which will result in a diverse and resilient economy which in turn will provide local employment and training.

Maintaining sound corporate and financial management

Council prides itself on good governance including probity, transparency, fairness and accountability. In order to guide our community towards a sustainable future Council will continue to create and apply an integrated set of effective policies and plans in our decision-making and actions. We provide timely and responsive services and revise allocated finances to meet community needs.

RESPONSIBLE OFFICER

The responsible officers are Rebecca Maiden, Acting Manager Environmental Sustainability and Health, telephone 9847 6541 and Adriana Genova, Acting Environmental Sustainability Coordinator, telephone 9847 6572 between the hours of 8.30 am and 5.00 pm, Monday to Friday.

RECOMMENDATION

THAT:

1. Hornsby 2020: A Framework for a Sustainable Future be adopted by Council.

2. An action plan be developed for the roll out of the Framework including staff education workshops on the use of the Framework and the integration with the Community Strategic Plan.

Robert Stephens

Executive Manager

Environment Division

Attachments:

1.View	Hornsby 2020 Framework Summary
2.View	Hornsby Shire 2020: Our Framework for a Sustainable Future

File Reference: F2004/06556-02

Document Number: D01218791

Executive Manager's Report No. EN40/09

Environment Division

Date of Meeting: 14/10/2009

22 REVIEW OF THE OPERATION OF THE PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997

EXECUTIVE SUMMARY

This report is provided in response to a Notice of Motion raised by Councillor Russell.

It examines practices of the Environment Division in the administration of the Protection of the Environment Operations Act 1997 (POEO Act). It focuses on the Environmental Sustainability and Health Branch, which has the main responsibility for environmental compliance within the Environment Division. The Waste Management Services Branch and the Planning Division also issue notices under the POEO Act. The notices issued by the Waste Management Services branch generally apply to illegal dumping in bushland areas of the shire.

The POEO regulates water, air, land and noise pollution and waste services. Over the past twelve months, 34 Environmental Protection Notices (Clean-up and/or Prevention) were issued under the POEO Act by the Environmental Sustainability and Health Branch. These notices were issued as a result of complaints received by members of the public, Council staff or State government departments. In addition, warning letters were issued for other incidents. These did not attract an administrative charge or fine.

A fee (currently $320 and soon to increase to $433) is payable for the issuing of each Clean-up and Prevention Notice. Council has the power to extend the time for payment of the fee or waive its payment. If the recipient does not pay the fee, Council can issue a Penalty Infringement Notice, which carries a penalty of $500 for individuals and $1,000 for corporations.

Investigation of complaints is conducted in accordance with a documented procedure (Attachment 2) and Compliance Policy (Attachment 3), both of which have been adopted by the previous Council. Investigations are also carried out in accordance with the NSW Ombudsman’s Enforcement Guidelines for Councils, June 2002.

PURPOSE/OBJECTIVE

This report seeks to address the Notice of Motion as detailed above. In particular, the report details:

· the alleged offences that have been reported to the Environmental Sustainability and Health Team in the last twelve months

· the actions taken to ensure compliance with the Protection of the Environment Operations Act 1997 to prevent pollution

· the costs and fines levied by the Environmental Sustainability and Health branch under the Protection of the Environment Operations Act 1997

· the procedures and guidelines that are issued to staff in respect of the enforcement of offences under the Protection of the Environment Operations Act 1997.

DISCUSSION

The protection of the Operations Act 1997

The Protection of the Operations Act 1997 (“the POEO Act”) is the key piece of environment protection legislation administered by the Department of Environment, Climate Change and Water (DECCW). It regulates air, water, land and noise pollution and waste management. The POEO Act commenced operation on 1 July 1999.

Under the POEO Act a pollution incident is defined as an incident or set of circumstances during or as a consequence of which there is or is likely to be a leak, spill or other escape or deposit of a substance, as a result of which pollution has occurred, is occurring or is likely to occur. It includes an incident or set of circumstances in which a substance has been placed or deposited on premises, but it does not include an incident or set of circumstances involving only the emission of any noise (DECCW, 2008).

The POEO Act sets the maximum penalties for various offences and gives the DECCW and local authorities (the Appropriate Regulatory Authorities) the power to prosecute or fine people for environmental pollution.

Clean-Up and Prevention Notices

Clean-up Notices and Prevention Notices are two of the environment protection notices which are provided for under the legislation. Clean-up Notices may direct an occupier of premises at or from which the appropriate regulatory authority reasonably suspects that a pollution incident has occurred, or a person reasonably suspected of causing or having caused pollution, to take clean-up action specified in the Notice. Clean-up Notices can be issued to deal with pollution incidents (e.g. a spill of pollutants). Council may give a clean-up direction by notice in writing, or may give the direction orally via a person with delegation from Council to do so. An oral clean-up direction must be confirmed by a written Clean-up Notice from Council within 72 hours or it ceases to have effect. There is no right of appeal against a Clean-up Notice.

Prevention Notices can be issued if the appropriate regulatory authority reasonably suspects that any activity has been or is being carried on in an environmentally unsatisfactory manner at any premises or by any person. A Prevention Notice requires that action specified in the Notice be taken. There is a right of appeal to the Land and Environment Court.

A fee (currently $320) is payable for the issuing of Clean-up and Prevention Notices (under sections 94 and 100) as detailed under the POEO Act. Under the Act, Council has the power to extend the time for payment of the fee or waive its payment. If the recipient does not pay the fee, Council can issue them with a Penalty Infringement Notice, which carries a penalty of $500 for individuals and $1,000 for corporations.

Notices and fines issued

Over the past twelve months, 34 Environmental Protection Notices (Clean-up and/or Prevention) have been issued under the POEO Act by the Environmental Sustainability and Health branch. These notices were issued by the Branch as a result of complaints received by members of the public, Council staff or State government departments. Where the complainant wished to remain anonymous, the Branch endeavours to obtain as much detail as possible from the complainant and will investigate the complaint as it does any other complaint to ascertain the issue. This is in accordance with the NSW Ombudsman’s Enforcement Guidelines for Councils, June 2002 (‘Enforcement Guidelines’).

Attachment 1 contains a table of the details of each Notice including:

· Suburb

· Business or private

· Description of the incident

· Action taken

· Outcome/comments

The notices have been issued for a number of reasons, with an ultimate outcome of cleaning up or preventing water, land, noise or air pollution. In some instances, more than one type of notice was issued to the property owner or occupier of a premise. Further information is detailed in Attachment 1.

In addition to the abovementioned notices, the Branch has issued numerous warning letters to property owners or occupiers where an issue is identified that is not of immediate harm to the environment (i.e. low risk). Generally, these warning letters give the property owner or occupier an amount of time to rectify an issue. The determination of the above is at the discretion of the officer investigating the complaint.

Procedure for dealing with complaints

In order to ensure a consistent and transparent approach to the investigation of complaints arising, the Environmental Sustainability and Health Branch has a documented procedure (Attachment 2) and a compliance policy (Attachment 3) which are followed during all investigations. The branch also operates in accordance with the NSW Ombudsman’s Enforcement Guidelines for Councils, June 2002.

The Environmental Sustainability and Health Branch utilises the POEO Act, its procedure and the Compliance Policy and Enforcement Guidelines to ensure the highest environmental outcomes with regard to pollution events. Notices and fines are only issued where it is considered that there is a clear breach of the legislation (i.e. a pollution event has occurred, is occurring or may occur) and where action is required. Notices and fines are issued to ensure that environmental outcomes are achieved. The branch works to ensure this occurs. The principal objective is to improve environmental outcomes and not to generate income from the issuing of fines and notices. The administrative charges barely cover the costs of the staff time taken in investigating incidents. Two written warnings to pay the administration fee are always issued prior to any fine being issued for non-payment of an administration fee.

Conclusion

This report has only provided an overview of the current practices of the Environmental Sustainability and Health Branch with respect to the enforcement of the provisions of the POEO Act.

BUDGET

There are no budget implications as a result of this report.

POLICY

There are no policy implications as a result of this report.

CONSULTATION

No consultation was required to complete this report.

TRIPLE BOTTOM LINE SUMMARY

Triple Bottom Line is a framework for improving Council decisions by ensuring accountability and transparency on social, environmental and economic factors. It does this by reporting upon Council’s strategic themes.

As this report simply provides Council with information and does not propose any actions which require a sustainability assessment, no Triple Bottom Line considerations apply.

RESPONSIBLE OFFICER

The responsible officer is Rebecca Maiden, Acting Manager Environmental Sustainability and Health, telephone 9847 6541, 8.30 am to 5.00 pm, Monday to Friday.

RECOMMENDATION

THAT:

1. Council confirm its acceptance of the adopted procedures for investigating and dealing with pollution incidents pursuant to the Protection of the Environment Operations Act 1997.

2. Council agree to the lifting of the moratorium placed on the recovery of administration charges and fines imposed in respect of alleged offences under the Protection of the Environment Operations Act 1997.

Robert Stephens

Executive Manager

Environment Division

Attachments:

1.View	Summary of Pollution Incidents - September 2008-September 2009
2.View	NSW Ombudsman Enforcement Guidelines
3.View	Environment Division Compliance Policy

File Reference: F2004/09493-03

Document Number: D01242115

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