13 August 2013

Please find below recent information reported to Council on 8 August 2013 regarding coastal matters.  Council noted the report.

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Interim rock/hard works Belongil (Resolution 13-146)

State Government funding offer $300,000 for Interim rock/hard materials works, Manfred St, Belongil – An extension of time to consider the funding agreement has been provided by the Office of Environment and Heritage (OEH) until 14 August 2013. Staff are still negotiating with OEH and, if required, staff will provide an update at the meeting.

Council has sufficient funds available from the Belongil Beach Budget in 2012/13 to match the State Government grant if it is accepted. It will be proposed as part of the June 2013 Quarterly Review that these funds be carried over to 2013/14.  It is anticipated that the June 2013 Quarterly Review will be reported to Council on the 29 August 2013.

A draft preliminary design considerations report has been received by the consultant. The draft detailed design report is expected from the consultant on about the 16 August 2013. The Review of Environmental Factors is underway however further progress is dependent on progression of the detailed design.

The engagement of a suitable consultant to project manage the implementation of Resolution 13-146 is expected to be finalised within the next 1-2 weeks.


Beach Scraping New Brighton

In accordance with resolution 12-854 (part 2), Council applied to the state government’s Coastal Management Program for $57,500 to assist with funding the implementation of the 2013/14 New Brighton Beach Scraping Program. On 17 July 2013 the state government announced that Council was successful in its application for funds, noting that this amount is being matched by Council funds. Staff received formal notification of the success of the application on 19 July 2013. The funding offer is subject to the following project specific condition:

Funding is being provided as a short term solution only while the management plan is being finalised.

The implications of the condition are unclear and will require further consultation with the Office of Environment and Heritage, however it is unlikely that it will jeopardise Council’s ability to accept the funds and agree to the funding offer.

Due to the depleted profile of the beach at New Brighton, it is unlikely that the beach scraping works will proceed this spring. If the works are not able to proceed this spring, then staff will consider deferring the works for a more suitable time, this may require an analysis of environmental implications through a ‘Review of Environmental Factors’ (REF). It is envisaged that any new REF will consider annual or biannual beach scraping works over the next five years as opposed to an annual activity approval.

A recent survey of the position of the erosion escarpment was undertaken at South Golden Beach and New Brighton. The results of the survey are shown at the maps at Annexure 12(d) and (e). As can be appreciated from the surveys, since February 2010 (noting 2010 survey taken post May 2009 event but pre beach scraping) in some places at New Brighton and South Golden Beach, the erosion escarpment has moved landward some 16 metres.


New Brighton and South Golden Beach CZMP (Resolution 13-346 and 13-347)

On 18 July 2013 a letter was sent to the Prime Minister and NSW Premier regarding the erosion issues at New Brighton and South Golden Beach.  These letters are at attached at Annexure 12(a) and 12(b). Please see item 11.9 within the Council agenda .

Resolution 13-347 (New Brighton/South Golden Beach CZMP) does not require action until resources become available and at present they are not available and are unlikely to become available until at least June 2014 (refer also Financial Implications section below).


Coastal Zone Management Plan Byron Bay Embayment

The key activities and associated timeframes for preparing the coastal zone management plan (CZMP) for the Byron Bay Embayment are presented in Table 1 below. Note that the finalisation of the Hazard Study Update has been delayed due to issues with the 2012 data. It is envisaged that the process for engaging a consultant to undertake Task 2 will be finalised during August 2013.

Table 1 CZMP for the Byron Bay Embayment Project Time Frames

Task name and description

Indicative time frames and hold points* (indicated in red)

Who

1) Review Risks from Coastal Hazards

4 months Jun to Sep 2013

Consultant (BMT WBM)

a) Identify coastal processes and hazards

b) Update coastal hazard lines for Byron Shire Coastline – immediate, 2050 and 2100

c) Report to Council (draft report)

d) Workshop with Councillors

e) Report to Council

20/12/12

12/09/13

19/09/13

2) Management Options Evaluation

4.5 months
Sep to  Nov 2013

Consultant

a) Analyse property risk and response categories

  • detail buildings and significant infrastructure within coastal hazard areas
  • determine property risk and response categories for all properties in hazard areas

Sep 2013

b) Evaluate and identify technically and physically feasible hazard management options

Sep 2013

c) Evaluate the social, environmental and economic impacts of the feasible management options

Oct 2013

  • community consultation

  • agency consultation

d) Prepare draft recommendation regarding coastal hazard management strategy

Nov 2013

e) Workshop with Councillors

f) Report to Council (draft report)

14/11/13

21/11/13

3) Prepare ‘Community Uses of the Coastal Zone’ assessment

2 months
Dec to Jan 2014

BSC, SCU intern

a) Describe beach, headland and waterway access arrangements, their adequacy and any environmental impacts

b) Describe any potential impacts (erosion, inundation, accretion) on access arrangements

c) Describe cultural and heritage significance of the plan’s area

d) Recommend proposed actions to manage impacts

4) Prepare Implementation Schedule

4 months
Dec to Mar 2014

BSC

a) Review 2010 CZMP schedule and incorporate any new actions from (2) – (3), include details such as responsibility and funding for/of actions

b) If the construction of coastal protection works is proposed, describe the proposed arrangements for the adequate maintenance of the works and for managing associated impacts of such works

c) Liaise with staff, agencies and community groups regarding funding and responsibility for actions per section 55C(2)(b) of CP Act

5) Emergency Action Sub Plan

4 months
Dec to Mar 2014

BSC

a) Review relevant sections of draft EASP Byron Shire coastline

b) Liaise with relevant landowers

c) Liaise with staff, agencies, community groups regarding funding and responsibility for actions per section 55C(2)(b) of CP Act

6) Prepare first draft CZMP

3 months
Feb to Apr 2014

BSC

a) Review and make changes to any relevant chapters of 2010 Draft CZMP as per the Act and Guidelines

b) Incorporate any new or reviewed sections into new draft CZMP

c) Include description of how coastal management principles have been incorporated into plan

d) Format the document, incorporate maps, figures, tables

e) Workshop with Councillors

f) Report to Council (draft report)

Apr 2014

Apr 2014

g) Finalise exhibition draft and advertising

7) Draft CZMP exhibition

1 month
NB min statutory requirement 21 days

May 2014

BSC

8) Prepare second draft CZMP (for the Minister)

1 month
Jun 2014

BSC

a) Analyse submissions and prepare report

b) Workshop with Councillors

c) Report to Council

20 Jun 2014

27 Jun 2014 (latest date)

d) Finalise draft CZMP and send to Minister

30 June 2014

* hold points indicate a point in the project where tasks and/or time frames may change significantly and require further consideration/revision

As can be appreciated from Table 1, the timeframes are tight for each task and will require a concerted effort to achieve the Minister’s Direction to submit the CZMP by June 2014.  It should also be noted that the CZMP is being prepared whilst the stage 2 coastal reform process is underway.  A letter has been sent to the Minister for the Environment with respect to the reform process and potential implications on the preparation of the CZMP; this letter is at Annexure 12(c).


Investigating the Re-design of the Jonson Street Protection Works

A draft report has been received and is currently being reviewed. When the review is complete and the report is finalised it will be reported to Council.


Financial Implications

Council has allocated $114,700 to the New Brighton Beach Scraping program 2013/14 and with acceptance of the state government’s offer of $57,500, there will be surplus funds (estimated cost of works is $114,700). The following resolution, therefore, is relevant:

Resolution 13-347
1. That, if Council's funding application under the Coastal Management Program is successful for funds to offset 50% of eligible costs to undertake the beach scraping program, any miscellaneous funds allocated to the Beach Scraping Program (Res 12-854, Part 3) be allocated in 2013/14 to resource the preparation of a CZMP for New Brighton and South Golden Beach.

2. That, as soon as Council resources are available to do so, Council apply for a variation (to the current CZMP funding) to prepare a CZMP for New Brighton and South Golden Beach under the state government’s Coastal Management Program, noting that the OEH have informally advised that a variation could be submitted for consideration as part of the current CZMP for the Byron Bay Embayment grant.

3. That alternate funding for the variation be considered at least as often as each Quarterly Review during 2013/14.

In accordance with Resolution 13-347 (part 2), the CZMP for New Brighton and South Golden Beach will not be progressed until appropriate staffing resources become available; under current conditions this means that the CZMP will not be progressed until, at least, the CZMP for the Byron Bay Embayment has been submitted to the Minister for the Environment, which is scheduled to occur in June 2014.

The financial implications associated with the remainder of coastal projects detailed above have been considered elsewhere in this report or in previous reports.


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