1
Environment Health and
Regulation Committee
02/02/2015
EHR074-15
Report Title:
Minutes of the Port Hacking Management Panel meeting held on 3
December 2014 commencing at 6.00pm
File Number:
GO/06B/897533
Author:
Manager Administration (GT)
Minute Number:
Council Meeting Date: 09/02/2015
554
REPORT SUMMARY
EXECUTIVE SUMMARY:
To consider the Minutes of the Port Hacking Management Panel meeting held on 3 December
2014.
SUMMARY OF RECOMMENDATION:
1.
That the Minutes of the Port Hacking Management Panel meeting held on 3 December
2014 be received and noted.
2. That any proposal to dredge navigation channels to residents properties in the north west
head of Burraneer Bay as part of any remediation process as outlined in the Royal
Haskoning DHV Draft Feasibility Dredging Study, not be supported.
3. That the comments from residents, and representatives of the PHMP regarding the need
for remediation and not dredging be noted, and that the preparation of an estuary
management plan for the whole of Burraneer Bay be investigated.
4. That it be noted that the Port Hacking Management Panel supports the continuation of the
Riverkeeper role for Port Hacking and highly values the contribution of the Riverkeeper
towards the management of this important estuary.
5. That a statement of duties be provided for both the positions of Boating Safety Officer and
Riverkeeper to allow the Panel to compare the two roles and assess what implications will
occur from the RMS decision to discontinue the Riverkeeper role.
6. That Council commence a process for the development of a dredging policy for heads of
bays, navigation channels and tidal channels.
7. That a Working Party consisting of interested Panel members and relevant staff from the
Stormwater & Waterways Unit be formed to develop a Dredging Policy for Port Hacking.
FINANCIAL / RESOURCE IMPLICATIONS:
Nil.
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POLICY / LEGAL IMPLICATIONS:
Proposal to develop policy for dredging of Port Hacking.
LIST OF APPENDICES:
Photos of current signage/restrictions at Henry Turner Reserve - Port Hacking Sailing Club.
PREVIOUS CONSIDERATION / HISTORY OF MATTER:
Reports EHR045-15 and EHR061-15 refer to dredging proposals/feasibility studies for
Fishermans Bay and Burraneer Bay.
REPORT IN FULL
1.
PRESENT
Cr Carmello Pesce (Acting Chairperson); Cr Peter Towell; George Elias (Office of Environment
& Heritage); Alberto Albani, George Cotis, Tony Griffiths, Don McKinnon, Joe Gilles, Michael
McInerney (Community Representatives); Manager Environmental Science (Ian Drinnan); Guy
Amos (Stormwater & Waterways Manager); Leah Wedmore (Senior Environmental Planner);
Joga Jayanti (Stormwater Engineer); Fiona Thomson (Riverkeeper);and Grant Tyler (Executive
Officer - Governance).
2.
APOLOGIES
Apologies were tendered and accepted on behalf of Cr Carol Provan; Cr Phil Blight; Cr Kevin
Schreiber; Carla Ganassin (NSW Fisheries); Director - Shire Infrastructure (Peter Hazeldine);
Director - Planning & Environment (Peter Barber); Gwyn Cleeves (Parks & Waterways
Manager) and Mark Bieder.
3.
QUORUM
A quorum, being a minimum three (3) community members plus one (1) councillor, was
achieved. (Note: Agency representatives not included).
4.
DISCLOSURES OF INTEREST
Councillor Pesce advised of having a not significant non-pecuniary interest in the matter
concerning the Burraneer Bay Dredging Draft Feasibility Study advising that he knows the
residents of Grandview Parade who put in a submission to the Environment Health & Regulation
Committee.
5.
WELCOME
The Acting Chairperson, Councillor Pesce welcomed those in attendance and declared the
meeting open.
6.
MINUTES OF PREVIOUS MEETING
Decision: (Cotis/Albani)
That the Minutes of the Meeting of the Port Hacking Management Panel (PHMP) held on 17
June 2014 be confirmed as a correct record subject to the following amendment:
Page 6 - "In relation to Fishermans Bay, the meandering channels of the sand spit are the result
of the commercial dredging for shell, and not navigation channels".
7.
BUSINESS ARISING
Port Hacking Past & Present CD RoM
The free CD RoM and brochure were advertised in the Shire Newsletter - November 2014
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edition. Subsequently, numerous requests have been received from the public to receive
copies of the document "Port Hacking Past & Present" which have been either collected from
the Council's Administration Centre Reception desk or posted by mail. Copies of the document
are also on Council's website.
8.
CORRESPONDENCE
Inwards
Mark Bieder - email dated 15/9/14 regarding concerns over behaviour of fisherman at Port
Hacking Sailing Club. Referred to email from Peter Connor (Club President) to Aaron
Gaida in Property Unit re:Verbal threats and phone calls from fisherman.
NSW Roads & Maritime Services- letter dated 1/12/14 advising that RMS wish to
discontinue the position of Port Hacking Riverkeeper.
George Cotis - various submissions from Mr Cotis pertaining to the Fishermans Bay and
Burraneer Bay Dredging Feasibility Study, and his response to resident's submission from
Neil Harries (on behalf of Grandview Parade, Caringbah South residents) tabled at
Environment Health & Regulation meeting of 3/11/14.
Outwards
Invitations to all stakeholders (local residents, state government agencies, relevant
staff/Councillors, and PHMP representative Alberto Albani) to the North West Arm Coastal
Zone Management Plan initial consultation meeting on 22 September 2014 at 2.00pm.
9.
HENRY TURNER RESERVE
The following report was tabled on behalf of the Parks & Recreation Manager, Gwyn Cleeves:
"I visited the Henry Turner Reserve site this morning and took photos of the existing signs. This
matter was being managed by Property Officer, Aaron Gaida.
The Panel adopted the following:
'2.
That the following issues be investigated as a matter of urgency:
(a)
The feasibility of implementing a total ban on all fishing to be trialled at the Henry
Turner Reserve at Yowie Bay.
(b)
That a review be undertaken of the adequacy of gates and fencing in order to
prevent unauthorised access to the Henry Turner Reserve and Port Hacking Sailing
Club during the evenings'.
Point B has been actioned with the installation of new locks and gates and the implementation
of a security patrol to check the gates and ensure that they are locked at night .
Aaron indicated in an email of 16 September 2014 that he had received representation from a
local resident indicating that they would oppose any ban on fishing at the site .
Since the implementation of the security measures I'm not aware of any ongoing issues at the
site. When I inspected it this morning there was no rubbish, broken bottle or any other
indication of misuse.
The existing signs (photos attached as appendix "A") state no access to the wharf between the
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hours of sunset and sunrise and the fishing is not permitted whilst the club is in operation .
There is also a sign indicating the reserve is an alcohol prohibited zone . These signs give the
police powers to act if required.
I believe that the existing combination of signs, locking of gates and security patrols provides
adequate protection of the reserve. If the Panel wish to pursue the matter further I would
recommend that fishing be banned only at night though this ban is effectively in place already
with the existing arrangements. Any attempt to ban fishing off the wharf altogether is likely to be
opposed by residents".
DECISION
That the Port Hacking Management Panel consider at its next meeting on 25 February 2015 as
to whether a 6 month temporary ban on evening fishing is required at the Henry Turner Reserve
in order to reduce the level of anti-social behaviour by fisherman at this site.
10.
FISHERMAN'S BAY AND BURRANEER BAY DREDGING DRAFT FEASIBILITY STUDY
Council at its meeting of 1 December 2014 resolved as follows in relation to report EHR061-15
(report tabled/distributed to members prior to meeting):
"1.
That the presentation from Mr Harries on behalf of the residents on Burraneer Bay
Dredging Feasibility be received and noted.
2.
That the information presented by the residents be provided to Council.
3.
That a report be provided to the Environment Health and Regulation Committee
considering the information provided from the residents, the Port Hacking Management
Panel, the Office of Environment and Heritage, NSW Department of Primary Industries
Fishing and Aquaculture and the report EHR045-15
, noting the prior acceptance of
$630,000 under the State Government’s Rescue Our Waterways Program.
4.
That a site visit be arranged for A ward Councillors and all other interested Councillors ".
Mr Alberto Albani representing the PHMP, and Mr Harries (a resident of Grandview Parade,
Caringbah South) representing a local group of Burraneer Bay residents, addressed the
Environment Health & Regulation Committee on 24 November 2014 regarding Fishermans Bay
& Burraneer Bay Draft Dredging feasibility study, but more specifically issues pertaining to the
siltation of the north western end of Burraneer Bay (refer to reports EHR045-15 and
EHR061-15 ). At that meeting, the residents tabled a report from their consultant, Hayes
Environmental Consulting (dated 21/11/14) in response to the Royal Haskoning DHV study and
previous commentary from the Panel/Council on this matter.
Mr Cotis discussed his submission to the Panel (tabled/distributed) in response to the resident's
submission (Hayes Report) from Neil Harries. Unfortunately, Mr Harries was not present at
tonight's Panel meeting however other local residents were present and available to answer
questions.
Mr Cotis reminded the Panel that in 2007, Council had a prioritisation of heads of bays and a
process of estuary management studies based on priorities. It was noted that Council has
engaged Royal Haskoning DHV to undertake a feasibility study into dredging the channel into
Fishermans Bay and head of Burraneer Bay in response to requests from the community. Mr
Cotis expressed disappointment as the Feasibility Study for Burraneer Bay is too narrow in its
EHR074-15
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scope as we needed a broader estuary management study to understand the entire fluvial delta.
There are technical challenges if dredging went ahead in Burraneer Bay and also can Council
afford to spend money on this area when much higher priorities exist elsewhere in the port.
Mr Albani was concerned about the science behind the conclusions and recommendations in
the consultants reports/studies. Mr Albani provided a powerpoint slide presentation showing the
original age of the fluvial delta followed by aerial images of the fluvial delta in 1943 and 2014.
Mr Albani questioned whether the photos are revealing the edge of the tidal delta or are we in
fact just seeing the changes in seagrass population on top of the fluvial delta . The boundary of
the fluvial delta is not at the edge of the seagrass but where the sediment is visible . It is
important that the seagrass not be used to measure the movement of the fluvial delta as the
seagrass progresses and retreats continually.
Mr Albani took core samples in the north west head of Burraneer Bay (up to 2 metres deep) and
it was found that many rocks are too big to have been transported by water. At 80cm the sand
is relatively dirty, at 85cm to 90cm there are big chunks of shells/clay and compacted sediment.
Such material is likely to be pre-European and was not deposited in the area in recent history.
It should be noted that the Royal Haskoning DHV study states on page 27 that the sediments
from Fishermans Bay and the head of Burraneer Bay are considered sufficiently compatible to
the near-shore sediments off the Cronulla Beach to be suitable for beach nourishment
purposes. Mr Albani strongly disagreed with this conclusion as the samples are totally different
in grainsize composition. Burraneer Bay sediment is not at all suitable for beach nourishment
purposes. There are only two ways to dispose of this material being to either take from the site
by truck after dewatering; or dump in a deeper part of Burraneer Bay. However, you cannot
dispose easily of the fines component of the sediment without damaging the seabed. The bulk
of material in the delta is pre-European, so dredging should not be considered.
In relation to Fishermans Bay, fines sand sediment from dredging could adversely impact
Shiprock Aquatic Reserve as the fines sediment may deposit in that area.
Mr Henderson and Mr Ivan Lampret (Burraneer Bay residents) agreed with Mr Albani that the
disposal of dredged material off Cronulla Beach should not be considered. The residents also
agreed that the subject area (fluvial delta) was not previously deep water. The resident's aim is
not to have the bay dredged, but to have the support of Council to remediate the head of the
bay and to stop things getting worse.
Mr Cotis was pleased to now hear the resident's response and questioned as to why the Royal
Haskoning DHV Study raises the issue of dredging of 2 metres, yet residents are now saying
'NO' to dredging, and are supportive of just remediation of the head of the bay? The study
appears to have served no real purpose but was developed at great cost to Council. It appears
that what the residents want is the same as the PHMP, which is remediation of the area to make
it more visually attractive, not dredging. We need to work together to remove the building refuse
and other rubbish that sticks in the mud in the head of bay after storms. Unfortunately the Royal
Haskoning DHV Study can lead people into believing that waterfront can be converted to a deep
waterfront by dredging, yet this is not what residents want. The overriding constraint needs to
be remediation.
Recommendation
1. That any proposal to dredge navigation channels to residents properties in the north west
head of Burraneer Bay as part of any remediation process as outlined in the Royal
Haskoning DHV Draft Feasibility Dredging Study, not be supported.
EHR074-15
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2. That the comments from residents, and representatives of the PHMP regarding the need
for remediation and not dredging be noted, and that the preparation of an estuary
management plan for the whole of Burraneer Bay be investigated.
11.
NORTH WEST ARM COASTAL ZONE MANAGEMENT PLAN
Mr Amos advised that Council is currently preparing a Coastal Zone Management Plan. A
consultant has been engaged to perform the initial stage being a Processes Study . The field
work has been completed and the results will be tabled at the next PHMP meeting. A
newsletter for residents (some 1800) will be distributed on 8 December 2014. Preliminary
discussions have revealed that the sediment is just moving around. Mr McInerney stated that
rubbish has been dumped in the head of the bay and when the tide is out, debris is on show.
There is a need to have some high-tech devices to treat stormwater before it enters the bay,
and have these traps routinely cleaned out by Council.
12.
RIVERKEEPER
The following report was tabled on behalf of the Parks & Recreation Manager, Gwyn Cleeves:
"We recently (1 December 2014) received correspondence from RMS that they wish to
discontinue the position of the Port Hacking Riverkeeper currently held by Fiona Thomson .
Under the current agreement with Council either party can terminate the agreement with three
months notice. The correspondence from RMS should be tabled tonight for discussion at the
panel and the panel may wish to note a formal position on the matter. It will need to be
reported to Council for a decision prior to a response to RMS and it is timely that the panel has
the opportunity to comment on the RMS decision prior to a report and recommendation going to
Council.
RMS' motivation is to bring Fiona's job description in line with that of other Boating Safety
Officers(BSO) as part of an overall organisational review. She will retain her substantive role
as BSO with RMS.
They have indicated that they will no longer seek a contribution from Council to partly fund the
position but have given assurances verbally that Fiona will continue to undertake the duties that
she currently does for Council as part of her role as a BSO and have provided written
assurance that they have an ongoing commitment to the environmental and user management
of Port Hacking. For example assistance with hydrographic surveys for navigation Channel
dredging and organising contractors to undertake work from the water such as rubbish
removal.
The position has always been a combination of BSO work and Riverkeeper duties. Having the
position with the RMS enabled a greater range of relevant enforcement powers than if the
position was with Council.
I've spoken to Fiona and she is disappointed that the position is changing and that there has
been little consultation with those affected but is also committed to continuing the work she
does for Council".
Mr Gilles stated that the Panel need to know the difference between a Boating Safety Officer
and the Riverkeeper role, as we don't want to see the Riverkeeper position diminished. The two
roles need to be clarified and defined.
Fiona stated that it depends on the workload given to her by RMS as to whether there will be an
impact on Riverkeeper duties.
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Recommendation
1. That it be noted that the Port Hacking Management Panel supports the continuation of the
Riverkeeper role for Port Hacking and highly values the contribution of the Riverkeeper
towards the management of this important estuary.
2. That a statement of duties be provided for both the positions of Boating Safety Officer and
Riverkeeper to allow the Panel to compare the two roles and assess what implications will
occur from the RMS decision to discontinue the Riverkeeper role.
13.
VISUAL SURVEY
Mr Cotis advised that both himself and the Riverkeeper, Fiona Thomson, have volunteered to
carry out the Visual Survey of Port Hacking. Planning staff are currently unavailable to
physically attend to the Survey due to work commitments with the Sutherland Shire Local
Environmental Plan. It is now intended to postpone the Survey until early 2015.
Previous studies will be used to do comparisons. Selected areas of the Port will be
photographed. There is important compliance value in conducting the survey in relation to
illegal tree lopping and identifying non-approved/non-complying structures, as well as planning
staff can assess if planning codes are delivering planning outcomes.
Ms Wedmore advised that in theory the survey will generate the benefits described above by Mr
Cotis, however in reality the survey results will not be used proactively but rather reactively, and
are not used strategically.
Action
Mr Cotis to liaise with Fiona Thomson and Leah Wedmore to expedite the Visual survey in early
2015.
14.
GENERAL BUSINESS
Draft Dredging Policy
At present, Council does not have a dredging policy. The Council resolution from report
EHR045-15 states that the Stormwater & Waterways Manager provide a report on a proposed
Dredging Policy and that consideration of the Dredging Policy be incorporated into the Council
planning processes, and any recommendations required be made by Council staff. The Panel
at its previous meeting of 17 June 2014 requested if investigations could be made into whether
there is a protocol for private dredging.
Mr Gilles referred to the above issues and supported comments contained in correspondence
from Mr Cotis where it has been reiterated that "..for many years there has been an absence of
a dredging policy... and the need for proper studies over a good period of time..".
Recommendation
1. That Council commence a process for the development of a dredging policy for heads of
bays, navigation channels and tidal channels.
2. That a Working Party consisting of interested Port Hacking Management Panel members
and relevant staff from the Stormwater & Waterways Unit be formed to develop a Dredging
Policy for Port Hacking.
15.
DATE OF NEXT MEETING
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The next meeting date is the 25 February 2015 at 6.00pm.
The Meeting closed at 7.48 pm.
REPORT RECOMMENDATION
1.
That the Minutes of the Port Hacking Management Panel meeting held on 3 December
2014 be received and noted.
2. That any proposal to dredge navigation channels to residents properties in the north west
head of Burraneer Bay as part of any remediation process as outlined in the Royal
Haskoning DHV Draft Feasibility Dredging Study, not be supported.
3. That the comments from residents, and representatives of the Port Hacking Management
Panel regarding the need for remediation and not dredging be noted, and that the
preparation of an estuary management plan for the whole of Burraneer Bay be
investigated.
4. That it be noted that the Port Hacking Management Panel supports the continuation of the
Riverkeeper role for Port Hacking and highly values the contribution of the Riverkeeper
towards the management of this important estuary.
5. That a statement of duties be provided for both the positions of Boating Safety Officer and
Riverkeeper to allow the Panel to compare the two roles and assess what implications will
occur from the RMS decision to discontinue the Riverkeeper role.
6. That Council commence a process for the development of a dredging policy for heads of
bays, navigation channels and tidal channels.
7. That a Working Party consisting of interested Panel members and relevant staff from the
Stormwater & Waterways Unit be formed to develop a Dredging Policy for Port Hacking.
COMMITTEE RECOMMENDATION
1.
That the Minutes of the Port Hacking Management Panel meeting held on 3 December
2014 be received and noted.
2. That any proposal to dredge navigation channels to residents properties in the north west
head of Burraneer Bay as part of any remediation process as outlined in the Royal
Haskoning DHV Draft Feasibility Dredging Study, not be supported.
3. That the comments from residents, and representatives of the Port Hacking Management
EHR074-15
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Panel regarding the need for remediation and not dredging be noted, and that the
preparation of an estuary management plan for the whole of Burraneer Bay be
investigated.
4. That it be noted that the Port Hacking Management Panel supports the continuation of the
Riverkeeper role for Port Hacking and highly values the contribution of the Riverkeeper
towards the management of this important estuary.
5. That a statement of duties be provided for both the positions of Boating Safety Officer and
Riverkeeper to allow the Panel to compare the two roles and assess what implications will
occur from the RMS decision to discontinue the Riverkeeper role.
6. That Council commence a process for the development of a dredging policy for heads of
bays, navigation channels and tidal channels.
7. That a Working Party consisting of interested Panel members and relevant staff from the
Stormwater & Waterways Unit be formed to develop a Dredging Policy for Port Hacking.
(Councillor Schreiber / Councillor Provan)
COUNCIL RESOLUTION
1.
That the Minutes of the Port Hacking Management Panel meeting held on 3 December
2014 be received and noted.
2. That any proposal to dredge navigation channels to residents properties in the north west
head of Burraneer Bay as part of any remediation process as outlined in the Royal
Haskoning DHV Draft Feasibility Dredging Study, not be supported.
3. That the comments from residents, and representatives of the Port Hacking Management
Panel regarding the need for remediation and not dredging be noted, and that the
preparation of an estuary management plan for the whole of Burraneer Bay be
investigated.
4. That it be noted that the Port Hacking Management Panel supports the continuation of the
Riverkeeper role for Port Hacking and highly values the contribution of the Riverkeeper
towards the management of this important estuary.
5. That a statement of duties be provided for both the positions of Boating Safety Officer and
Riverkeeper to allow the Panel to compare the two roles and assess what implications will
occur from the RMS decision to discontinue the Riverkeeper role.
6. That Council commence a process for the development of a dredging policy for heads of
bays, navigation channels and tidal channels.
7. That a Working Party consisting of interested Panel members and relevant staff from the
Stormwater & Waterways Unit be formed to develop a Dredging Policy for Port Hacking.
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(Councillor Williams / Councillor Awada)
APPENDIX
Minutes of the Port Hacking Management Panel meeting held on 3 December 2014
commencing at 6.00pm
Current Signage at Henry Turner Reserve / Port Hacking Sailing Club
- Doc1.docx
(To view the document, double click on icon and select ‘Open’. Select ‘File’ ‘Close’ to return to
report.)
EHR074-15
