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-- c MACATCHMENT MANAGEMENT AUTHORITY

Namoi Catchment Management Authority

MINUTES

MEETING NUMBER 61

Riverside Room, The Crossing Theatre, Narrabri

23 August 201 0

NamoiCMA Minutes - Meeting Number 61

23 August 2010

Time: Meeting commenced at 10:15am.

Present: Jim McDonald (Chair), Hugh Barrett, Brian Tomalin, Bob Hudson, Juanita Hamparsum, Bruce Brown (GM), Matt Davidson (OM), Anne Ferguson (PRO). Sam Moss (BM), Sally Egan (SPM) via telephone.

Chairs \\'elcome

Chair welcomed NCMA Board Members and staff to the Meeting and acknowledged the Traditional custodians of the land, and Elders past and present of the Kamilaroi nation.

Pecuniary Interest Register tabled.

] .0 ;\ JO!ooies

Maria Woods, J eff Austin.

2.0 Minutes of the Previous 1\Ieeting (26/07/Hl )

2.1 Approval of Minutes

• Resolution 61.1

That the Minutes from NCMA Board Meeting 60 (26/07 11 0) be accepted and placed on the NCMA website following one minor amendment.

Carried 2.2 Updated Actions

• Action 52.4

GM advised that he had received a redrafted Environmental Trust Deed from NCMA's solicitors following discussions with Treasury who noted that the Deed needed to provide for independence from the CMA's as this would avoid the normal financial reporting processes. GM noted he would be tabling the re-drafted Deed at the upcoming CMA GM's Meeting (24/08/10).

• Action 60.1

GM advised that a further request had been sent to DECCW to provide NCMA with a monthly OH&S Report. GM noted that DECCW was unwilling to provide the report.

• Action 60.4

Chair noted that a letter had been drafted to Minister Sartor seeking funding for NCMA to employ an additional PVP Officer (Grade 7/8). However, following discussion with Tim Ferraro (Chair, CMA Native Veg Working Group) it was decided that a collective CMA bid for additional staff resources was more sensible. Issue to be discussed at the CMA GM's Meeting (24/08/10).

• Action 60.5

GM noted that a letter had been sent to Minister McLeay (29/07/10) seeking a meeting to discuss the establishment of a working group to develop a risk management approach on the cumulative impacts of extractive industry developments within the Catchment.

Minutes of Namoi Catchment Management Authority- Meeting #61 23/08/10/10 Page 2

Chair advised he was preparing a draft risk management approach in preparation of discussions with the Minister.

Brief discussion occurred on a recent "unsourced" advertisement critical ofNCMA which had been placed in the North West Magazine by Cr. Bevan O'Regan.

• Action 61.1

PRO to seek legal advice regarding a number of statements on NCMA which had been made in the North West Magazine advertisement placed by Bevan O'Regan.

Chair noted he was attending a Narrabri Council organised meeting on 1/09/10 (Kevin Humphries to Chair) and would participate in a "Q & A" session on native vegetation and planning issues. He also indicated he had requested a copy ofNarrabri Council's "Growth Management Strategy".

Foreshadowed General Business Items

Hugh Barrett indicated he wished to discuss the amendments to the NSW National Parks Act 197 5 and future NCMA Board Meeting dates/locations.

3.0 Corres ondence (19/07/10- 13!()8/10)

Juanita Hamparsum noted correspondence sent to the Department of Planning (6/08/10) regarding the Maules Creek Coal Project and stated she was happy with the extensive information contained within it. She also queried whether NCMA had any policy( s) relating to processes for the rehabilitation of land impacted by extractive industries and noted the opportunity for NCMA to develop a long term rehabilitation process policy.

Brief discussion occurred regarding the current land rehabilitation processes that are required to be put in place by extractive industries and the opportunities for NCMA to open up discussions with mining companies on rehabilitation processes prior to the commencement of mining.

• Action 61.2

CC (West Namoi) to develop an information paper reviewing current extractive industry rehabilitation policies and discussing possible impacts to the Namoi Catchment.

Brief discussion also occurred on NCMA's capacity to conduct monitoring and evaluation work for mining companies. Currently CMA's cannot charge fees for such services, however a regulatory change to the NSW CMA Act is being pursued.

Discussion also explored a possible role for NCMA on the NSW Department of Industry & Investment's individual mining site Environmental Committees and a possible statutory monitoring and evaluation role.

Chair noted the forthcoming public forum (9/09/1 0) organised by Gunnedah Shire Council on mining to be held in Gunnedah. Further discussion occurred on risk management of the cumulative impacts of mining and the Canadian Province of Alberta's "Towards Environmental Sustainability" (Proposed Regulatory Framework for Managing Environmental Cumulative Impacts).

• Action 61.3

Chair to email NCMA Board Members a copy of the Alberta's "Towards Environmental Sustainability" document.

4.0 Financials

4.1 & -U 1\ITD, YTD P/L and Balance Sheet and Invcstment Budget to ,\ctuals

Previously circulated MTD and YTD fmancials were taken as read.


BM stated that the investment budget for July '1 0 had been met.

BM noted that the T-Cmp Hour-Glass Facility had not performed well in comparison to other benchmark interest rates.

BM advised that $15k of ASGE funds had been set aside for independent program audit costs, however she is hoping that NSW Office of Water will accept the NSW Audit Office Report as an acceptable independent audit.

BM noted a legislative change to the Threatened Species Conservation Act 1995 in the form of an amendment relating to biodiversity certified land. BM advised the amendment had no effect on NCMA activities.

Brief discussion occurred regarding whether NCMA could offer a service to alert the general public to any legislative changes. It was suggested to investigate the possibility of a link being placed on NCMA' s website to enable people to get updates on NSW natural resource management legislative changes.

• Action 61.4

PRO to investigate whether a link could be established on NCMA's website to another website which provided updates on NSW natural resource management legislative changes.

BM advised of a possible change in the September cashflow as the NSW Office of Water have not paid our first invoice of approx $500k and are not likely to pay the next invoice by the end of September. Namoi CMA have paid the first ASGE payment ($500k) to Liverpool Plains Shire Council (LPSC) and are effectively in the red $500k. NOW have indicated they are following up funds availability with NSW Treasury and the BM is liaising with Gary Coady (NOW).

BM noted further payments to LPSC relating to the ASGE CDF project would not be made until funding was received from NOW and forwarded to NCMA's bank account.

BM indicated there were no disclosures.

-tJ Risk & .\udit Committee

Committee Chair advised the R&A Committee had previously met via teleconference on 19/08/10.

Committee Chair noted a dispute had arisen regarding contract entity NAC04/0490, NAC04/0 181 & NAC04/0 182 for works relating to the diversion of surface water flows.

OM is following up with NCMA's Professional Indemnity insurers on related matters.

Committee Chair provided a brief update regarding bankruptcy proceedings against contract entity NAC04/0585. BM advised NCMA's lawyers were proceeding to file for bankruptcy and that she had been in contact with DEWHA vis a vis the possible garnishee of their payments to the contract entity.

-U.l OII&S l\lattc•·s

BM noted an additional report had been included in the monthly OH&S reports which detailed accidents and near misses in the workplace.

5.0 P\"P Working C.1·ou >

Working Group Chair tabled the PVP Working Group Meeting Minutes (20/08/10).

Working Group Chair tabled a paper entitled "PVP Staff Questions to the NCMA Board- Board Response" and spoke in detail to it. Broad discussion followed and it was decided that previous NCMA Board Resolutions (60.7 and 60.8) satisfactorily addressed the key PVP backlog issues.


5.1

5.2

6.11

7.0

Working Group Chair noted Minister Sartor has approved the public exhibition of the draft Woody Revegetation Clause 28.

Working Group Chair advised that planning for the Native Vegetation Act Information Workshops to be held at Niangala, Barraba and Pilliga was progressing.

Nati\e \'eoetation/P\ P 0 llTations Update

CC (Nat Veg)'s previously circulated report was taken as read.

Papet· on l\ati\C \'eg ,\et ReYie\\ (incor )()rating outcomes from the Walgctt Cluster i\lcetino on 13/07/10)

Working Group Chair tabled a paper entitled the "Walgett Landscape Plan, Outcomes and Feedback" resulting from the Walgett Cluster Meeting (13/07/1 0). Chair advised that the Walgett Cluster Group had yet to conftrm that the paper reflected discussions at this meeting.

• Action 61.5

That NCMA forward the "Walgett Landscape Plan, Outcomes and Feedback" paper to Minister Sartor with covering letter (copy to Tom Grosskopf (DECCW)) and seek a meeting with the Minister and/or DECCW executives to discuss the subject material.

The NCMA Board noted it could also be useful to present the paper and its fmdings to the other NSW CMA' s for their information.

• Action 61.6

That the "Walgett Landscape Paper, Outcomes and Feedback" paper be circulated to the NSW CMA's with a view to presenting the fmdings at a future CMA GM's and/or Chairs Meeting.

Working Group Chair also tabled a paper regarding NCMA's response to the review of the Native Vegetation Act 2003. Working Group Chair noted the issues contained within the review paper were linked to those in the Walgett Outcomes paper.

• Action 61.7

That both the review of the Native Vegetation Act 2003 paper and the "Walgett Landscape Plan, Outcomes and Feedback" paper be provided to the CMA Native Vegetation Working Group.

Working Group Chair advised that an issue had arisen between the relationship of the Rural Fires Act 1997 and the Native Vegetation Act 2003 given that in the latter Act "burning" was defined as clearing. Working Group Chair noted a response to this issue could be requested within the covering letter to Tom Grosskopf (DECCW) regarding the Native Vegetation Act review.

Board Polic~ C'ommittl'e

Chair noted that Maria Woods was currently drafting the Terms of Reference for the newly formed CAP Implementation Committee.

• Action 61.8

That the Terms of Reference for the CAP Implementation Committee be presented at the September Board Meeting.

Chairs Re 1ort

Chair's previously circulated report was taken as read.

23/08/10/10 Page 5 Minutes of Namoi Catchment Management Authority- Meeting #61

Chair advised that the Namoi Mining Working Group and Namoi Councils met (21/08/10) to discuss a possible tripartite arrangement for open discussions regarding extractive industry impacts within the Catchment. Chair noted that Namoi CMA will be developing a risk management framework to assist in future discussions.

Chair noted the final version of the 2030 Report was being released and that this would provide some useful data for future discussions on mining industry impacts.

Chair advised the Namoi Water Study Advisory Group had selected the successful tenderer for the Namoi Water Study. Chair noted that the Minister would be announcing the successful applicant shortly.

NCMA Board briefly discussed the tender related ICAC complaint lodged by Liverpool Plains Land Management Inc.

• Action 61.9

That the GM review the charter of Liverpool Plains Land Management Inc and any associated "Out of Session" protocols and report back to the NCMA Board.

Chair noted the NSW Agency MDBA Socio-Economic Working Group paper included in the previously circulated Board Papers, and advised the Working Group did not have enough funding to complete an indepth study. Chair queried whether NCMA could contribute to any additional funding requirements.

A question was raised as to whether NCMA had any direct relationship with conservation entities that had acquired property for conservation purposes in the Namoi Catchment. OM indicated he knew of one such property, but that NCMA had no involvement in either acquisition or management.

8.0 General Manaoer's Report

GM's previously circulated report was taken as read.

GM noted that funding for the Chaffey Dam Augmentation could be in jeopardy depending upon the outcome of the Federal election.

Chair queried whether any augmentation plans for Lake Keepit existed. GM stated that the plans existed, but due to the costs and size of the augmentation they would not proceed.

GM advised that the "Expression of Interest" advertisements forthe Namoi Councils Sustaining Basin Communities Grant had been highly successful with 38 enquiries having been received to date. GM noted that a selection committee was being formed to review all tender submissions.

GM advised that the rollover of the two investment funded positions, PRO and Communications Officer, had been finally approved.

9.0 Strategic Planning/Activities Re ot·t

No Strategic Planning/Activities Report was tabled due to CAP consultation activities.

9.1 CAP Pilot Update

SPM advised CAP consultation meetings had mostly been completed with only the Gunnedah, Manilla and Woolbrook meetings to be undertaken in the coming week. SPM noted that the majority of meeting participants appeared happy with the draft CAP, with most comfortable with the "resilience" concept and related thresholds.

SPM noted that the Quirindi Community had been particularly engaged in the CAP consultation process given the potential for future "shocks" caused by mining.


SPM advised there had been a strong call from the Catchment Community for NCMA to take on issues that could result in legislative change especially in areas relating to mining and native vegetation.

Juanita Hamparsum queried whether the attendees of the various CAP consultation meeting had gained a general understanding of what the thresholds meant and their link with catchment targets. SPM advised that both thresholds and catchment targets had been explained in-depth.

Juanita Hamparsum also enquired as to whether any additional thresholds had been identified during the consultation process. SPM noted that floodplain management had been overlooked but would be included within the fmal draft CAP after NOW detailed their priorities.

SPM noted the general public had provided comments indicating the CAP needed to have a broader community flavour. SPM advised she would be amending the draft CAP accordingly.

SPM advised that the deadline for submissions on the draft CAP was 10/09/10, and advertisements were being placed to notify the public of the submission closure date.

Bob Hudson stated he had received a comment indicating some people were unaware of the role ofNCMA, the way in which it operated and its relationship with the general community. SPM stated that a slide had been included to provide a general overview ofNCMA's role across the Catchment Community and how the CAP would fit within the NSW planning framework.

Chair acknowledged the extensive work undertaken by the SPM and her CAP team during the consultation process and thanked all involved for their contributions.

10.0 Im cstmcnt/0 crations Re ot·t

OM' s previously circulated report was taken as read and he noted the F' 11 on-ground investment program was about to roll-out.

OM circulated the "KPI Dashboard" for July '1 0 which detailed organisational performance.

OM advised discussions had been held with Namoi Water and the National Groundwater Centre of Research and Training regarding a pre-feasibility study into groundwater self or eo-regulation in the Catchment.

Bob Hudson queried whether there was a current shortage of staff across the various NCMA offices. OM advised there was a current vacancy for a Project Officer in the Walgett Office along with the newly vacated Riparian Officer position in the Gunnedah/Tamworth offices. Advertisements for both positions are currently underway.

OM noted that three NCMA papers had been approved for presentation at the·upcoming NSW CMA Staff Forum (6-8/09/10)- "Evergraze", "Working with LHPAs" and "Aboriginal Communities".

11.0 PRO Re >orl

PRO's previously circulated report was taken as read.

PRO circulated a paper detailing the Media and PR cashflow for F' 11 and noted that four on-ground investment awareness campaigns had commenced.

PRO noted the ABC had provided extensive coverage regarding the CAP consultation meeting over the last three weeks and thanked the ABC for their assistance.

PRO advised that the NCMA Incentive Funding Booklet for F' 10 was now available and noted a great deal of enquiry and positive feedback had been received since the booklet had been circulated across the Catchment Community.


12.0 General Businc~;s

Hugh Barrett noted amendments to the National Parks Act 1975 and stated that these had created some controversy with conservation groups given they appeared to "open up" National Parks to developers.

• Action 61.10

CC (Partnerships & Investment) to review the amendments to the National Parks Act 197 5 and report any impacts on NCMA at the September Board Meeting.

Hugh Barrett requested that all Board Meeting dates and locations be set 12 months in advance.

• Action 61.11

EA to circulate Board Meeting dates and locations for the remainder of C' 10 and C' 11 to all NCMA Board Members.

IJ.O Ne:xt Boanl i\leeting Date

Next Board Meeting to be held in Gunnedah on 27 September 2010.

Meeting closed at: 3:45pm

Bruce Brown GM Namoi CMA


RESOLUTIONS Meeting Number 61

Res Policy Resolutions No

Res No

Action Resolutions

61.1 That the Minutes from NCMA Board Meeting 60 (26/07 /1 0) be accepted and placed on the NCMA website following one minor amendment.

Carried


ACTIONS Meeting Number 61

Action Number

Action Who

61.1 PRO to seek legal advice regarding a number of statements on NCMA which had been made in the North West Magazine advertisement placed by Bevan O'Regan.

PRO

61.2 CC (West Namoi) to develop an information paper reviewing current extractive industry rehabilitation policies and discussing possible impacts to the Namoi Catchment.

cc (West Namoi)

61.3 Chair to email NCMA Board Members a copy of the Alberta's "Towards Environmental Sustainability" document.

Chair

61.4 PRO to investigate whether a link could be established on NCMA's website to another website which provided updates on NSW natural resource management legislative changes.

PRO

61.5 That NCMA forward the "Walgett Landscape Plan, Outcomes and Feedback" paper to Minister Sartor with covering letter (copy to Tom Grosskopf (DECCW)) and seek a meeting with the Minister and/or DECCW executives to discuss the subject material.

CC (N at V eg)t OM

61.6 That the "Walgett Landscape Paper, Outcomes and Feedback" paper be circulated to the NSW CMA's with a view to presenting the findings at a future CMA GM's and/or Chairs Meeting.

CC (Nat Veg) OM

61.7 That both the review of the Native Vegetation Act 2003 paper and the "Walgett Landscape Plan, Outcomes and Feedback" paper be provided to the CMA Native Vegetation Working Group.

CC (Nat Veg) OM

61.8 That the Terms of Reference for the CAP Implementation Committee be presented at the September Board Meeting.

Maria Woods

61.9 That the GM review the charter of Liverpool Plains Land Management fuc and any associated "Out of Session" protocols and report back to the NCMA Board.

GM

61.10 CC (Partnerships & fuvestment) to review the amendments to the National Parks Act 1975 and report any impacts on NCMA at the September Board Meeting.

cc (Partnerships

& fuvestment)

61.11 EA to circulate Board Meeting dates and locations for the remainder of C' 10 and C' 11 to all NCMA Board Members.

EA


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CATCHMENT MANAGEMENT AUTHORITY - Archived Content