KEMPSEY SHIRE COASTAL ZONE MANAGEMENT …...Kempsey Shire Coastal Zone Management Study & Plan - Consultant Brief 2013 7 4.0 POLICY FRAMEWORK 4.1 Review of Coastal Zone Management

KEMPSEY SHIRE COASTAL ZONE MANAGEMENT PLAN

CONSULTANT BRIEF

STAGE 2a & 2b

COASTAL ZONE MANAGEMENT STUDY & PLAN

May 2013

Kempsey Shire Coastal Zone Management Study & Plan - Consultant Brief 2013

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Table of Contents 1.0 INTRODUCTION .................................................................................................................................... 4

2.0) BACKGROUND ...................................................................................................................................... 5

2.1) Existing Coastal Zone & Estuary Management Plans within the Shire. ........................................ 5

3.0 STUDY AREA ...................................................................................................................................... 6

4.0 POLICY FRAMEWORK ........................................................................................................................ 7

4.1 Review of Coastal Zone Management Framework in NSW.......................................................... 7

4.2) NSW Coastal Policy 1997 ................................................................................................................... 7

4.3) Coastal Protection Act 1997 ............................................................................................................... 7

4.4) NSW Government Sea Level Rise Policy ........................................................................................... 8

4.5) Crown Lands Act 1989 ....................................................................................................................... 8

4.6) Consideration of Coastal Management Process............................................................................... 8

5.2 Guidelines for Preparing Coastal Zone Management Plans ......................................................... 9

5.3 Coastal Management Principles ........................................................................................................ 10

6.0 Kempsey Shire Coastal Management Issues ........................................................................................ 11

7.0 SCOPE OF WORK COASTAL ZONE MANAGEMENT STUDY – Stage 2a ............................... 12

7.1 CZM Study Overview......................................................................................................................... 12

7.2 CZM Study Tasks ............................................................................................................................... 13

7.3 CZM Study Tasks Detailed ................................................................................................................ 14

7.3.1 Community consultation/ Issue clarification ............................................................................. 14

7.3.2 Land Tenure, Use and Management .......................................................................................... 14

7.3.3 Review adequacy of Draft Kempsey 2012 LEP ......................................................................... 14

7.3.4 Public Amenity ............................................................................................................................. 14

7.3.5 Coastal Environmental Values ................................................................................................... 14

7.3.6 Cultural and Heritage Environment .......................................................................................... 15

7.3.7 Public Access ................................................................................................................................ 15

7.3.8 Recreational Use of the Coastal Zone ........................................................................................ 15

7.3.9 Risk to Present and Future Development .................................................................................. 15

7.3.10 Economic Value of Coast .......................................................................................................... 16

7.3.11 Emergency Action Sub Plan ..................................................................................................... 16

8.0 COASTAL ZONE MANAGEMENT PLAN – Stage 2b ...................................................................... 18

8.1 CZM Plan Overview ........................................................................................................................... 18

8.2) CZM Plan Objectives ........................................................................................................................ 18

8.3 Scope of CZM Plan ............................................................................................................................. 18

8.4 Draft CZM Plan Format .................................................................................................................... 19

9.0 CONSULTATION .................................................................................................................................. 19

9.1 Community Consultation ................................................................................................................... 20

9.2 Agency Consultation ........................................................................................................................... 20

10.0 DRAFT COASTAL ZONE MANAGEMENT PLAN ....................................................................... 20

11.0 FINAL COASTAL ZONE MANAGEMENT PLAN ......................................................................... 21

12.0 REPORTING ........................................................................................................................................ 21

12.3 SUBMISSION OF PROPOSAL .......................................................................................................... 22

13.0 DATA AND REFERENCE DOCUMENTS ....................................................................................... 22

14.0 PERSONNEL ........................................................................................................................................ 22

15.0 TIMEFRAME ....................................................................................................................................... 22

16.0 BUDGET ............................................................................................................................................... 22

17.0 LIAISON ............................................................................................................................................... 23

18.0 CONDITIONS OF ENGAGEMENT .................................................................................................. 24

19.0 RESPONSIBILITY OF CONSULTANT ..................................................................................... 26

20.0 FEES ................................................................................................................................................. 27

21) FEE SCHEDULE ................................................................................................................................... 28


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KEMPSEY SHIRE COUNCIL

KEMPSEY SHIRE COASTAL ZONE MANAGEMENT STUDY & PLAN

CONTRACT DETAILS

DEADLINE FOR CLOSING OF CONTRACT Tenders close at 4:00pm on Friday 19th July, 2013

METHOD AND ADDRESS FOR LODGEMENT OF CONTRACT Acceptable methods of submission of tenders and relevant addresses are;

By e-tender: Kempsey Shire Council will consider tenders lodged electronically but only when lodged via the electronic Tender Box located at www.tenderlink.com/kempsey

NOTE: Late tenders will not be accepted. Tenderers must make adequate allowance for the time involved in submitting tenders electronically. The above website provides guidance in average times to upload tenders to the Tender Box.

By mail: The postal address for the submission of tenders is: The General Manager Kempsey Shire Council PO Box 3078 WEST KEMPSEY, NSW 2440

By hand: The location of the Tender Box for delivery is: Kempsey Shire Council Corner Elbow and Tozer St WEST KEMPSEY, NSW

By facsimile machine: The Principal’s number for the receipt of tenders is: (02) 6566 3245. NOTE: Where Tenders are lodged by facsimile machine the original formal tender documents must also be posted or lodged at a post office or other recognised delivery agency before the deadline for the closing of tenders (Refer clause CONDITIONS OF TENDERING – CONSIDERATION OF TENDER). Any delay or loss of data resulting from facsimile equipment malfunction or unavailability is solely at the Tenderer’s risk

CONTACT OFFICER Refer requests for information or advice regarding documents to: Name: Ron Kemsley: Council contact (02) 6566 3248, Fax (02) 6566 3245

[email protected] John Schmidt OEH contact (02) 65614975 m 0417428571 [email protected]


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1.0 INTRODUCTION Kempsey Shire Council is located on the mid north coast of NSW approximately 450 kilometres north of Sydney and 50 kilometres north of Port Macquarie. The Shire has approximately 80 kilometres of coast extending from just north of Middle Head in the north down to the southern boundary just north of Point Plummer. Coastal processes are threatening sections of the coast within the Shire, impacting upon public and private assets such as car parks, beach and river accesses and recreational facilities. These issues are likely to be exacerbated into the future as a result of climate change and projected sea level rises. Development pressures on the shires natural resources along the coastline are significant. These include population growth, increasing residential development needs and tourism. In order to sustainably manage the shires coastal resources Kempsey Shire Council is seeking to fully comprehend coastal processes and utilise that understanding to implement strategies to best manage the associated issues. In recognition of this, Council through its previous Coast & Estuary Management Committee has resolved to prepare a Shire Wide Coastal Zone Management Plan. The primary purpose of a coastal zone management plan (CZMP) is to describe proposed actions to be implemented by Council, other public authorities and other stakeholders to address priority management issues in the coastal zone over a defined implementation period. These issues include:

• managing risks to public safety and built assets

• pressures on coastal ecosystems, and

• community uses of the coastal zone.

CZMPs should support the goals and objectives of the Coastal Protection Act 1979, NSW

Coastal Policy (NSW Government, 1997) and the NSW Sea Level Rise Policy Statement (NSW Government, 2009), and assist in implementing integrated coastal zone management. The Coastal Protection Act 1979 and Guidelines for Preparing Coastal

Zone Management Plans (DECCW, 2010) detail the minimum requirements for preparing coastal zone management plans.

This particular engagement involves Stages 2a & 2b of the three (3) stage process;

Stage 1 Preparation of a Coastal Process and Hazard Definition Study for the Shires coastline with particular focus on key areas completed by WBM/BMT March 2013

Stage 2a Preparation of a Coastal Zone Management Study, and Emergency

Action Sub Plan Stage 2b Preparation of a Coastal Zone Management Plan to provide the basis for

future planning, investment and management of the Shires coastal foreshore lands.


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2.0) BACKGROUND The mid north coast of NSW has experienced a number of severe climatic conditions associated with east coast sub-tropical cyclonic events. In 1999, 2001, 2009 and 2013 Coastal storms impacted on and threatened public and private coastline assets.

Plate 1: Effect of wave wash at Saltwater Creek entrance at South West Rocks from the May 2009 storm event The Kempsey shire Coastal Processes and Hazard Definition Study (WBM/BMT 2013) defines the coastal processes occurring on the Kempsey Shire Local Government Area coastline and the extent of the hazards arising from these processes. The study documents a summary of coastal processes, methodologies used to assess coastal hazards, approach to hazards definition mapping and a summary of analyses and outcomes. The methodology and approach used to assess the Kempsey Shire Coastal Processes and Hazard Definition Study (2013) was the Shoreline Evolution Model. The definition and mapping of coastal hazards in the study adopts a ‘probability of occurrence’ or ‘likelihood’ of hazard extent. Following the Australian Standard for Risk Management (AS/NZSISO 31000:2009), the likelihood scale of ‘almost certain’, ‘likely’, ‘possible’, ‘unlikely’ and ‘rare’ was adopted.

2.1) Existing Coastal Zone & Estuary Management Plans within the Shire. The following a list of existing coastal zone and estuary management plans prepared for estuaries within the Kempsey Shire LGA;

Macleay River Estuary Coastal Zone Management Plan 2012 Saltwater Creek & Lagoon Estuary Management Plan 2006 Killick Creek Estuary Management Plan 2006 Korogoro Creek Estuary Management Plan 2009


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3.0 STUDY AREA The study area for the Kempsey Shire coastline includes all coastline land within the KSC LGA.

Figure 1. Kempsey Shire Coastal Zone Management Plan study area. (Source MVC). Study area coastal

fringe from Point Plomer (in the south) to Grassy Head (in the north) including the coastal village and surrounding areas of Crescent Head, Hat Head, South West Rock, Stuarts Point and Grassy Head.

The width of the study area is variable and includes both marine and terrestrial foreshore areas (beaches, dunes, headlands, bluffs, river entrances and near shore waters) that are likely to be impacted upon by human activities and coastal processes While the marine area beyond the low water mark is not subject to Council’s planning controls it is important to consider management options for those waters and submerged lands where existing and proposed activities may impact upon the shoreline and its immediate environments.


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4.0 POLICY FRAMEWORK

4.1 Review of Coastal Zone Management Framework in NSW

Amendment of the Coastal Protection Act 1979 took place in late 2010 and September 2012 supported by a range of associated guidelines including the Guidelines for Preparing

Coastal Zone Management Plans (DECCW, 2010), which effectively replaces and updates the former Coastline Management Manual (NSW Government, 1990) and Estuary

Management Manual (NSW Government,1992).

http://www.environment.nsw.gov.au/coasts/stage1coastreforms.htm

4.2) NSW Coastal Policy 1997 The Coastal Policy (NSW Government 1997) has as its central focus the ecologically sustainable development (ESD) of the NSW. This is in recognition that the coast is a unique environment to be conserved and enhanced for its natural and cultural values while also providing for the economic, social and spiritual well-being of the community. The Coastal Policy has nine goals, each underpinned by objectives that are to be achieved by strategic actions. The preparation and implementation of Coastal Zone Management Plans, are among those strategic actions.

4.3) Coastal Protection Act 1997 The objects of the Act are to provide for the protection of the coastal environment of the State for the benefit of both present and future generations.

Significant amendments to the Coastal Protection Act 1979 made in late 2010 relate to:

• specific matters that must be dealt with in CZMPs;

• certification of CZMPs by the Minister;

• facilitation of temporary emergency coastal protection works in coastal ‘hotspots’;

• allowing councils to levy a coastal protection service charge on land where the current or past landowners have voluntarily constructed coastal protection works;

• facilitation of Coastal Authorities and Authorised Officers with enhanced regulatory roles with respect to emergency coastal protection works and unauthorised material placed on beaches;

• significantly increased penalties for offences under the Act; and

• creation of the NSW Coastal Panel to advise the Minister.

And changes in September 2012 relate to;

• amendment of the Coastal Protection Act 1979 by the Coastal Protection Amendment Act 2012 to make it easier for landowners to place large sandbags on


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beaches as temporary coastal protection works, to reduce erosion impacts during minor storms. Landowners will still be able to lodge a development application for larger works.

• clarifying what information councils should put in section 149 certificates relating to projected sea level rise impacts - new guidelines will be prepared for councils by the Department of Planning and Infrastructure.

• giving councils the flexibility to consider coastal hazards in the context of their local circumstances – the State Government will no longer recommend statewide sea level rise benchmarks for councils.

4.4) NSW Government Sea Level Rise Policy As part of its stage one coastal management reforms (2012), the NSW Government announced that councils would have the flexibility to determine their own sea level rise projections to suit their local conditions - the Government would no longer prescribe state-wide sea level rise projections for use by councils. The 2009 NSW Sea Level Rise Policy Statement is no longer NSW Government policy. The Office of Environment and Heritage has released guidelines on incorporating sea level rise into flood risk and coastal hazard assessment. These documents will be revised as part of the reform process. In the interim, reference to the NSW sea level rise planning benchmarks in these documents should be taken as referring to council's adopted sea level rise projections.

4.5) Crown Lands Act 1989 The Principles of Crown land management are to be adhered to as defined in the Act 1989. For the purpose of this Act, the principles of Crown land management are: ● that environmental protection principles be observed in relation to the management and

administration of Crown land, ● that the natural resources of Crown land (including water, soil, flora, fauna and scenic

quality) be conserved wherever possible, ● that public use and enjoyment of appropriate Crown land be encouraged, ● that, where appropriate, multiple use of Crown land be encouraged, ● that, where appropriate, Crown land should be used and managed in such a way that

both the land and its resources are sustained in perpetuity, and ● that crown land be occupied, used sold, leased or otherwise dealt with in the best interest

of the State consistent with the above principles.

4.6) Consideration of Coastal Management Process Consultants who intend to submit a proposal to carry out the study and plan are expected to have examined the NSW Coastal Policy 1997, and Guidelines for preparing Coastal Zone Management Plans (2010) and the NSW Coastal Protection Act (1979) and other relevant reports and documents to fully understand the aims, scope and required outcomes of a CZMP


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5.0 Preparation of CZMP Statutory Requirements

5.1 The Coastal Protection Act (Part 4A, s. 55C) directs that CZMPs must make provision for:

(a) protecting and preserving beach environments and beach amenity, and

(b) emergency actions carried out during periods of beach erosion, including the carrying out of related works, such as works for the protection of property affected or likely to be affected by beach erosion, where beach erosion occurs through storm activity or an extreme or irregular event, and

(c) ensuring continuing and undiminished public access to beaches, headlands and waterways, particularly where public access is threatened or affected by accretion, and

(d) where the plan relates to a part of the coastline, the management of risks arising from coastal hazards, and

(e) where the plan relates to an estuary, the management of estuary health and any risks to the estuary arising from coastal hazards, and

(f) the impacts from climate change on risks arising from coastal hazards and on estuary health, as appropriate; and

(g) where the plan proposes the construction of coastal protection works (other than emergency coastal protection works) that are to be funded by the council or a private landowner or both, the proposed arrangements for the adequate maintenance of the works and for managing associated impacts of such works (such as changed or increased beach erosion elsewhere or a restriction of public access to beaches or headlands).

5.2 Guidelines for Preparing Coastal Zone Management Plans

The Guidelines for Preparing Coastal Zone Management Plans (DECCW, 2010) have been adopted by the Minister as guidelines under s. 55D of the Coastal Protection Act

1979, and coastal Councils are to prepare draft plans in accordance with these guidelines. These guidelines specify the minimum requirements that are to be met when preparing a draft CZMP, in addition to the requirements in the Act.

The primary purpose of a CZMP is to describe proposed actions to be implemented by a Council, other public authorities and potentially by the private sector to address priority management issues in the coastal zone over a defined implementation period. These issues include:

• managing risks to public safety and built assets;

• pressures on coastal ecosystems; and

• community uses of the coastal zone.


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CZMPs should support the goals and objectives of the NSW Coastal Policy (1997) and the NSW Sea Level Rise Policy Statement (2009) and assist in implementing integrated coastal zone management. The draft CZMP should be developed in accordance with Part 4A of the Coastal Protection Act 1979 and the minimum requirements in these guidelines. A CZMP may address management issues in the coastal zone beyond these minimum requirements.

CZMPs should inform or assist with implementing other related council or public authority planning processes, management programs and strategies. Clear links should be made between CZMPs and these plans and programs

Coastal Management Principles have been developed to inform strategic considerations in coastal management, including the preparation of CZMPs. Relevant principles should be considered in evaluating potential coastal management actions and be reflected in draft CZMPs.

In addition, section 733 of the Local Government Act 1993 provides an exemption from liability for certain management actions by Councils and the State Government relating to flooding and coastal management, provided these actions were made in good faith. Under this section, Councils and the State Government are considered to have acted in good faith if the actions were undertaken substantially in accordance with the principles contained in the specified manual (in this case, Guidelines for Preparing Coastal Zone Management

Plans).

5.3 Coastal Management Principles

Coastal Management Principles are detailed in the Guideline for Preparing Coastal Zone

Management Plans (DECCW, 2010). The CZMP is to contain a description of how the relevant Coastal Management Principles have been considered in preparing the plan.

The key principles which will guide the preparation of the CZMP include:

Principle 1: The Plan will consider the objects of the Coastal Protection Act 1979 and the goals, objectives and principles of the NSW Coastal Policy 1997 and the NSW Sea Level Rise Policy Statement 2009.

Principle 2: Optimise links between plans relating to the management of the coastal zone.

Principle 3: Involve the community in decision-making and make coastal information publicly available.

Principle 4: Base decisions on the best available information and reasonable practice; acknowledge the interrelationship between catchment, estuarine and coastal processes; adopt a continuous improvement management approach.

Principle 5: The priority for public expenditure is public benefit; public expenditure should cost-effectively achieve the best practical long-term outcomes.

Principle 6: Adopt a risk management approach to managing risks to public safety and assets; adopt a risk management hierarchy involving avoiding risks where


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feasible and mitigation where risks cannot be reasonably avoided; adopt interim actions to manage high risks while long-term options are implemented.

Principle 7: Adopt an adaptive risk management approach if risks are expected to increase over time, or to accommodate uncertainty in risk predictions.

Principle 8: Maintain the condition of high value coastal ecosystems; rehabilitate priority degraded coastal ecosystems.

Principle 9: Maintain and improve safe public access to beaches and headlands consistent with the goals of the NSW Coastal Policy.

Principle 10: Support recreational activities consistent with the goals of the NSW Coastal Policy.

6.0 Kempsey Shire Coastal Management Issues

Kempsey Shire Council has resolved to prepare a coastal zone management plan for the Shires Coastline. The plan is being developed to address risks from coastal hazards, community uses of the coastal zone and pressures on coastal ecosystems

Some management issues identified by Councils committee and other stakeholders include;

1. Coastal processes impacting, affecting public access to and recreational amenity of the beaches. throughout the shire at eg

a. South West Rocks Surf Club foreshore lands at entrance of Saltwater Creek

b. Grassy Head main beach access and viewing platform

c. Hat Head boat ramp at entrance of Korogoro Creek

2. Arsenic and antimony contamination into the marine zone during flood flows from the Macleay River catchment through main river channel and various flood outlets at Ryans cut, Killick Ck and Korogoro Creek.

3. Threats from climate change, particularly sea level rise, and inundation on coastal reserve foreshore land

4. The impact of coastal processes on river entrances and flood outlet structures

5. Plethora of signage at accesses that diminish the amenity of beach areas eg north 4WD access at Hat Head. Need for rationalising and developing consistency of style that meets needs of various authorities.

6. Public access and use facilities quality and maintenance

7. Dune protection fencing upgrades and maintenance


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8. Aboriginal Heritage, marine mammals , turtles and shorebirds threatened by inappropriate beach use

9. Bitou control and maintenance of ecological health of dune vegetation eg remediated section Grassy Head to Macleay entrance.

10. Peak holiday recreational usage pressure on primitive camp areas in Point Plomer area of coast

11. Dogs and beaches

12. Consistency of management between National Park and Council managed lands where adjoining (approx 60% coastline is National Park)

13. Arakoon/Pt Lagger public boat ramp access relationship with high value National Park camp ground

14. Challenges of maintaining the primitive natural rugged coastline values from Crescent Head south to Point Plomer

15. Beach haulage activity pressure/impacts on dunal and foreshore systems

16. 4WD beach access management and maintenance arrangement between relevant agencies.

7.0 SCOPE OF WORK COASTAL ZONE MANAGEMENT STUDY – Stage 2a 7.1 CZM Study Overview Coastline hazards are but one consideration in the formulation of a Coastal Zone Management Plan. The first task of the Coastline Management Study is to provide information on all the other issues that will guide and inform the Coastline Management Plan. Some of this information is related to existing land use, tenure and management and the assessment of the values that we associate with the coast. These values may be cultural, social, ecological, environmental, scientific or economic. The Coastal Zone Management Plan will aim to protect, enhance, and if necessary, restore those values. The next task is the identification and evaluation of management options for each area of the coast under consideration. Management options shall address coastline hazards, the protection of coastal assets and opportunities for the restoration and enhancement of coastal values. Both beneficial and adverse impacts of any option considered should be clearly described. Both the values and options assessments will require community consultation to ensure that the Plan reflects the needs and aspiration of the visitor and resident coastal community. The consultant will be expected to facilitate broad and representative consultation.


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7.2 CZM Study Tasks 1. Examine the issues raised and through further community and stakeholder

engagement review and establish which issues are to be managed within the the CZMP

2. Assess describe and map current and future land use and development pressures and existing planning controls within the study area and management implications of these activities on coastline processes and vice versa;

3. Describe public beach and coastal foreshore amenity, identify management options for maintaining or improving the beach recreational amenity

4. Describe environmental values of the study area including the ecology of the coastal systems present in the study area. Eg beach/dune system, headlands and rock platforms.

5. Provide detailed description of the cultural and heritage significance of the Plans area

6. Map and describe current public beach and coastal foreshore access arrangements, highlighting any risks or damage or management that needs addressing

7. Describe the current recreational use

8. Assess the economic worth of the Shires coast to the Shire and the Region.

9. Describe current and future coastal hazard risk to existing infrastructure and development as determined by CZ Hazard Definition Study, including summarising key processes and risks operation on coastal villages

10. identify management options available to deal with the issues whilst making provision for the principles as set out in the CPAct Part 4A s 55C. A full cost benefit and risk analysis be undertaken to help guide decision on appropriate strategies to be deployed by Council, State Agencies, community and relevant stakeholders

11. provide costings of all management options and identify sources available for financing the implementation of the options (eg state and federal Government programs);

12. Prepare an Emergency Action Subplan


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7.3 CZM Study Tasks Detailed 7.3.1 Community consultation/ Issue clarification Provide comprehensive outline of how the community and key stakeholders are to participate in preparation the CZMP

7.3.2 Land Tenure, Use and Management Examination of land tenure and land use within the study area. Create an accurate base map detailing tenure, landuse and primary public and private assets within the study area. Land categories would include:

i) Crown lands, reserved, dedicated, leased or otherwise vacant (under the administration and management of the Department of Lands and/or Council and/or private trustees).

ii) National Park estate : iii) Other publicly owned lands (eg Council land, etc), and iv) Freehold tenure.

7.3.3 Review adequacy of Draft Kempsey 2012 LEP With respect to coastal processes and suitability of landuse within coastal zone: a) identify management options for controlling future development and land use

within areas subject to coastline hazards b) identify management options for existing development and land use under threat

from coastline hazards

7.3.4 Public Amenity Assess current beach amenity values and investigate the impacts of potential management actions in a CZMP.

Potential areas of concern and threats to public amenity values may include:. stormwater, surface runoff and effluent control, beach nourishment, dune stabilisation, pedestrian and vehicular access control, dog control provision of shade areas, etc);

Where public amenity issues are identified, the study should determine the risks and evaluate proposed response actions to address these issues, with priority based on the severity of the issue, maintaining and improving public amenity values and protecting the environment.

7.3.5 Coastal Environmental Values Describe and map coastal ecosystems including sandy beaches, dunes’ headlands and rock platforms, including:

a) the distribution of coastal ecosystems

b) assessment of the ecological significance of the ecosystems, including identifying any key species and communities, including any listed under the Threatened Species Conservation Act 1995 or species or communities of international, national, regional or local importance


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Describe the current and potential pressures acting upon those coastal ecosystems, including physical disturbance, invasive species, projected climate change impacts etc.

Prioritise ecosystems for management and protection including rehabilitation works and planning approaches.

7.3.6 Cultural and Heritage Environment Cultural heritage is an important coastal zone management issue due to the long association of Aboriginal communities with the coastal zone over many tens of thousands of years.

More recently, European settlement has also made extensive use of the coastline, resulting in a multi-layered pattern of cultural usage of coastal sites and resources.

Provide a detailed description of the cultural and heritage significance of the plan’s area.

Further information on places and objects of heritage significance is provided in the web-based guide notes available at www.environment.nsw.gov.au.

This study should review and synthesise existing information relevant to Kempsey Shire and identify and discuss cultural and heritage environment issues and potential threats including the likely impacts of coastal processes and climate change on the cultural and heritage environment.

7.3.7 Public Access Provide a detailed description and map of: the current access arrangements to beaches, headlands and waterways in the plan’s area, their adequacy and any associated environmental impacts, and

Discuss potential impacts (e.g.signage pollution, erosion, accretion or inundation) and determine the risks and evaluate proposed response actions to address these issues, with priority based on the severity of the issue, maintaining and improving public access and protecting the environment and its amenity

7.3.8 Recreational Use of the Coastal Zone Provide a detailed description of existing uses and map of usage areas.

Identify and discuss current recreational uses of the coastal zone, potential users, potential conflicts and threats including the likely impacts of coastal processes on these recreational activities.

Study to explore management response actions to address these issues, with priority based on the severity of the issue, supporting recreational activities in the coastal zone and protecting the environment.

7.3.9 Risk to Present and Future Development

Kempsey Shire Council may include development which is under direct threat from

coastline hazards.


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Risk analysis may also be useful in the identification of suitable management options.

Management options once identified will need to be considered in terms of their

effectiveness for hazard mitigation, risk to any development, or public amenity present and

consideration given to the various scenarios for climate change.

The Consultant team should also identify property within the study area that could be

subject to slope stability problems and whether present and/or future development should

be subject to geotechnical advice with regard to building and foundation design and

potential failure.

7.3.10 Economic Value of Coast Provide an estimate of the economic contribution the coast makes to the Shire and Regional economy in terms of ecological services provided by a healthy coastline. The ecomonic contribution shall also factor in businesses that rely on the coast and its values . Examine how best to quantify the worth of the coast to the economy.

Many existing and proposed coastal developments are of major economic importance to

the local government area. They may create both temporary and permanent jobs, increase

council revenue from rates, and attract considerable tourist expenditure to the area. Any

increase or decrease in the local economy likely to accompany coastal development needs

to be identified in the management study. The liability of council in respect of

maintenance, future damage or damage prevention also needs to be considered.

The study will be required to assess each management option using cost benefit type

analysis. This should consider the value of present development, the cost of protection, as

well as the value of factors such as beach amenity, naturalness, aesthetics, social and

economic factors experienced by social disruption caused by coastline hazards and the

economics of liability and hazard avoidance to the general community.

7.3.11 Emergency Action Sub Plan Preparation of Emergency Action Subplan: An emergency action subplan is required to address emergency issues associated with the impacts of beach erosion from damaging ocean storms. It will address issues associated with the coordination of emergency responses prior to, during and following periods of beach erosion in addition to detailing site specific locations where landowners can undertake Emergency Coastal Protection Works in accordance with Section 4C, Coastal

Protection Act 1979. The emergency action subplan shall:

• Define what constitutes a beach erosion emergency;

• Clearly define the roles and responsibilities of all relevant parties;

• Describe actions to be undertaken before, during and after a beach erosion emergency;

• Address the need for (prior) approvals (if any);


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• Outline the measures to be undertaken to restore amenity and access following the emergency;

• Outline a review mechanism for the Subplan

• Define areas where Emergency Coastal Protection Works could be placed in accordance with Section 4C, Coastal Protection Act 1979 and Code of Practice under Coastal Protection Act 1979 (DECCW, 2011). The emergency action subplan should detail any limitations on the application of such works being placed due to access constraints or other locational issues, etc).

It is envisaged that the emergency action subplan will be integrated into Council’s Disaster Plan (DISPLAN).

Particular attention shall be given to ensuring that the emergency response does not compromise the longer term objectives and strategies of the CZMP.

The structure of the draft report is to be generally consistent with the study requirements and should include the following sections as a minimum:

• Executive Summary

• Introduction

• Beach erosion emergency situations

• Roles and responsibilities

• Proposed actions (before, during, after emergency situation)

• Requirements for emergency coastal protection works

• Review of Subplan

• Consultation


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8.0 COASTAL ZONE MANAGEMENT PLAN – Stage 2b 8.1 CZM Plan Overview The development of the Kempsey Shire CZMP requires that a number of diverse management considerations be taken into account, including issues and hazards of relevance identified through the preparation of the Kempsey Shire Coastal Processes and Hazard Definition Study and determined management options and findings of the Coastal Zone Management Study. In consultation with Kempsey Shire Council and key stakeholders, the consultant shall prepare a draft CZMP for the Kempsey Shire LGA (refer Section 9.0).

8.2) CZM Plan Objectives The primary objective of the Kempsey Shire CZMP is to ensure compatibility with identified coastal hazards to reduce the impacts of these hazards on stakeholders, enhance recreational amenities and ensure long term balance in the utilisation and conservation of the shires coastline. The Consultant will incorporate the findings of the Coastal Processes & Hazard Definition Study and Coastal Zone Management Study (Stage 2a) into a draft Coastline Management Plan, suitable for exhibition, which:

a) has broad community understanding and approval;

b) reflects Council’s and the communities’ priorities in terms of protection of the environment and amenity of the Kempsey Shire area;

c) clearly describes how the Kempsey Shire coastline will be used and managed in the

future to achieve defined objectives; and

d) applies the principles and requirements outlined in the Guidelines for Preparing Coastal Zone Management Plans 2010, NSW Coastal Policy 1997 and provisions of Part 4A Coastal Protection Act 1979.

8.3 Scope of CZM Plan The Consultant shall:

a) identify public and private assets affected by coastal processes

b) identify and assess management options that will achieve the CZMP objectives and any other specific objectives outlined by Councils Natural Resources Group

c) identify working options, that factor in climate change considerations

d) estimate the capital and maintenance costs of carrying out such options where feasible, of the associated advantages and disadvantages of such options

e) establish a decision framework whereby management objectives for each issue can be prioritised and management options assessed against objectives


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f) in accordance with Section 2.2.4 of the Guidelines, develop and incorporate a detailed implementation schedule for addressing priority management issues that identifies organisations responsible for implementing identified actions, estimated costs and proposed funding arrangements

g) prepare a report incorporating all the findings of the Coastal Processes and Hazard Definition Study and CZM Study (Stage 2a) and attend a meeting of the Natural Resources Group to discuss and prioritise key management options.

8.4 Draft CZM Plan Format A draft Kempsey Shire CZMP shall be produced for public exhibition and review. Prior to the draft Plan being placed on public exhibition, it will be subject to review and concurrence by Council's Natural Resources Group and approval of Kempsey s\Shire Council. Attention shall be given to presenting information in clear written, graphical, diagrammatic, photographic and tabular form that can be readily understood by Council, Government agencies and the community. The following is a suggested format for the Plan Report:

• Executive Summary

• Introduction

• Management Plan Framework

• Land Status and Zonings

• Coastal Processes

• Coastline Hazards & Risks

• Coastline Hazard Definition for Immediate, 50 and 100 year Planning Horizons

• Climate Change Impacts

• Risks to Public Safety and Property

• Coastal Values and Significance

• Current Uses and Conflicts

• Future Coastal Demands and Issues

• Community Consultation

• Management Goals and Objectives

• Management Strategy Options

• Plan Components

• Emergency Action Sub Plan

• Costs, Funding and Timing

• Plan Implementation Schedule

• Plan Monitoring and Review

• Future Studies

• Tables, Figures and Exhibits

• References

9.0 CONSULTATION The consultant shall develop a communication strategy that plans, resources and facilitates appropriate levels of consultation with relevant agencies throughout the development of the study & plan.


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The communication strategy must formulate and facilitate community consultation workshops that informs and clarifies the findings of the Kempsey Shire Coastal Processes and Definition Study. The workshops must provide opportunity to determine community values for the coastal zone and coastal assets and provide for community views on coastal zone management options that aids in the preparation of a Coastal Zone Management Plan.

9.1 Community Consultation In addition to formulating and facilitating a series of community consultation and information workshops, the consultant is expected to maintain a project web-page. It should include, at least, the following information:

a) Project background and description b) Project timetable c) Progress reports d) Copies of any discussion papers, flyers and handouts prepared as part of the Study e) Information about community consultation forums and workshops f) Reports on workshop outcomes g) The facility for feedback and comments.

Community participation during the development of the Kempsey Shire CZMP must include consultation with local Aboriginal communities and generally exceed the minimum requirements of the Coastal Protection Act 1979

9.2 Agency Consultation The Consultant is required to undertake appropriate levels of agency consultation throughout the development of the study & plan that comprehensively identifies all agency considerations and requirements for coastal study & plan development , and fosters outcomes that fulfil item 10 (b) of the this brief.

10.0 DRAFT COASTAL ZONE MANAGEMENT PLAN In accordance with the minimum requirements of the NSW Governments Guidelines for Preparing Coastal Zone Management Plans the consultant shall:

a) With consideration to the Coastal Processes & Hazard Definition Study and

Coastal Zone Management Study (Stage 2a) prepare a draft CZMP, addressing the statutory requirements of the Coastal Protection Act 1997

b) Undertake community consultation program in accordance with Section 55E of the

Coastal Protection Act 1997

c) The Consultant is to provide an Initial Draft Kempsey Shire CZMP (4 copies – unbound copies) for reviewed by the Councils Natural Resources Group. Based on any review comments from the Group the Consultant is then required to submit to

the Group 4 copies (unbound) of the revised initial Draft CZMP.

d) Based on the outcomes of 10c, the Consultants is to prepare a formal DRAFT Kempsey Shire CZMP to a standard eligible for certification by the Minister that includes copies of written correspondence from public authorities supporting any


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actions contained in the DRAFT Kempsey Shire CZMP for which they are responsible for or that affect their land or assets.

11.0 FINAL COASTAL ZONE MANAGEMENT PLAN 11.1) Final Management Plan On acceptance of the Draft CZMP by Councils Natural Resources Group and following any assessment and/or review process of the Draft CZMP by the Minister, the Consultant shall undertake (if required) in consultation with the Natural Resources Group any amendments to Draft CZMP recommended by the Minister or NSW Coastal Panel to achieve certification.

If required the Consultant is to amend the Draft CZMP for resubmitting to the Minister.

Following advice from the Minister (in accordance with Section 55G(2) of the Coastal Protection Act 1997), that the Kempsey Shire CZMP has been certified the Consultant

shall print ten (10) copies (with colour exhibits) of the FINAL Coastal Zone Management Study & Plan to allow for distribution to Council, libraries, key stakeholder groups and State Agencies and also provide 10 CD Rom copies of the final reports in pdf format

12.0 REPORTING 12.1) Progress Reporting The Consultant is to provide regular and comprehensive progress reports. Progress Reports are to be provided to Council on a monthly basis in a format that is suitable for placement of Councils webpage. The progress Reports are to be concise and reflect accurate information on the status and development of the Coastal Zone Management Study & Plan. The Consultant must notify Council of any significant issues or outcomes arising during the process study development.

12.2) CZMP Format Requirements The Kempsey Shire CZMP will be presented as a single document containing an executive summary, scope of work, all associated outputs including methodology adopted, results of technical investigations and assessment of strategies and options. The reports (draft and final) are to be provided in both hard copy and electronic forms. Electronic format of the report is to be provided as follows: Text MS Word Diagrams JPG (dxf or emf preferred for vector format) Maps Shape files suitable for use in ESRI GIS CADD AutoCAD All material must be supplied to Council and OEH in a form and on media that is readily compatible with Council's existing IT environment. Final electronic documentation must also ensure that any composite artwork is also supplied to Council on compatible media and broken down to constitute separately definable layers. Council's IT environment is IBM compatible PC’s, Microsoft software products and ESRI GIS. Format for hard copy is bound, A4 size in portrait mode, with drawings and diagrams no larger than A3 size where necessary. Maps and diagrams shall be capable of being photocopied in black and white while still conveying their information.


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12.3 SUBMISSION OF PROPOSAL The Consultant’s proposal for the Kempsey Shire Coastal Zone Management Study and Plan is to detail activities proposed to undertake the work. The proposal is to be presented as shown in Table 1in accordance with project timeframes (Refer Section 15)

Table 1 Stages of Work required

Stage Work required Time (wk’s)

3 Community & Agency Consultation

4 Prepare Coastal Management Study

5 Draft Management Study & Review

6 Final Management Study

7 Draft Coastal Zone management Plan & Review

8 Final Coastal Zone Management Plan

Note: Consultants Submissions to forwarded to Kempsey Shire Council no later than 4:00pm 19th July 2013.

13.0 DATA AND REFERENCE DOCUMENTS The Consultant will be responsible for collecting adequate information for review to fulfil the requirements of the brief. There will be no charge to the Consultant for access to reports held by the Office of Environment & Heritage or Kempsey Shire Council. All spatial data and relevant metadata must be forwarded to Kempsey Council and OEH Kempsey office upon completion of the project on CD-ROM. In a format compatible with ArcGis Data must comply with the requirements as set out in “DNR North Coast Region Spatial Information Management Manual Nov 2003” All data obtained or developed through project funding are regarded as Department deliverables, including relevant license documents.

14.0 PERSONNEL The Consultant's proposal is to include the qualifications and relevant experience of each team member proposed to be employed on the study/plan including any sub consultants. Any similar studies/plans recently undertaken by the Consultant are to be detailed. Note: the consultant’s personnel or sub consultant is to include a suitably qualified and recognised coastal process practitioner/engineer.

15.0 TIMEFRAME It is expected that the Coastal Management Study & Plan shall be completed no later

than the 30th June 2014.

16.0 BUDGET A fee proposal is to be submitted on lump sum basis with the exception of hourly rates for additional work or meetings requested by Kempsey Council.

A maximum budget of $100,000.00 has been set for the work as outlined. Should the consultant consider the budget inadequate for the scope of the work required, an alternative fee proposal can be submitted.


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17.0 LIAISON Personnel responsible for briefing and liaison are: Mr. Ron Kemsley Kempsey Shire Council (tel no. 6566 3248) Mr. John Schmidt, OE&H Kempsey Office (tel no. 6561 4975)


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18.0 CONDITIONS OF ENGAGEMENT 18.1 General Conditions of Engagement

The tasks as identified in the brief are based on Council's assessment of the study. The consultant may suggest any amendments required to achieve the study objectives during the course of the study. Any proposed departure from the agreed study tasks must first be ratified by Council before proceeding. The conditions under which the consultant will be engaged shall be generally in accordance with the Association of Consulting Engineers Australia Guide to Consulting Engineering Services and this Brief.

18.2 Termination The consultant's commission to carry out the study may be subject to termination due to non-performance or inability to meet set deadlines. The consultants will be informed by letter of such termination. This letter will be final and not subject to further correspondence.

18.3 Confidentiality Investigations and reports will remain confidential unless, or until, released by the Council.

18.4 Sub-Consultants The primary consultant may engage a sub-consultant for a specified part of the study subject to the written approval of Council. The primary consultant is responsible for the sub-consultant's work and compliance with the terms of the study. The sub-consultant has no claim on Council for fees or expenses.

18.5 Insurance 18.5.1Professional Indemnity

The consultant shall maintain a current Professional Indemnity policy of insurance at a sum not less that $300,000 or not less than that sum specially nominated in the Letter of Engagement. The consultant shall maintain a policy of insurance for an amount that is sufficient to indemnify the consultant after completion of the commission.

18.5.2 On Site Public Liability The consultant is responsible for taking out at least $10 million public liability insurance giving cover to himself/herself, his/her employees and any agent engaged by consultant for the duration of the work. The consultant should also be aware of the obligations and liabilities under the "Occupational Health and Safety Act, 1983" and National Code of Practice pertaining to the Act.

18.5.3 Employees or Agents Before commencing work under the commission, the consultant shall ensure that a suitable insurance policy is taken out giving cover to the consultant, the consultants employees and agents against any liability, loss, damage, costs and expenses arising at common law or under ant statute as a result of personal injury to or death of any person employed by the consultant or the consultants agents in or about the work.

18.5.4 Inspection of Insurance Policies and Receipts for Premiums The consultant shall make available for inspection the policies of insurances effected, for the purpose of complying with this section and the receipt for payment for the current premiums or other such evidence of insurance as may be requested by Council.

18.6 Copyright


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Results of the study and the models developed in the course of the study are the ownership of Council. All data files are to be provided to Council on completion of the study.

18.7 Conflict of Interest The consultant shall inform Council immediately of any matter connected with this study which could give rise to an actual or potential conflict of interest. This information will be treated as confidential.

18.8 Certification All final documents prepared by the Consultant must be signed by the Project Director nominated in the consulting proposal to certify that they have been prepared by competent professional staff, checked for accuracy and comply with relevant regulations and the requirements of the brief.

18.9 Corrections Any error, ambiguity or deficiency, which becomes apparent during the course of the study, shall be referred to the consultant for correction or clarification. The consultant shall not be entitled to an additional fee where the correction or clarification arises from a fault of the consultant.

18.10 Acceptance of Commission Written confirmation of acceptance of the commission for the study, in accordance with the conditions of engagement, is required before work commences.

18.11 Payment and Costs Monthly progress payments will be made after project progress reports. Progress payments are not acknowledgment of the satisfactory performance of work and Council reserves the right to recover any overpayment.

Council will retain 10% of project costs on completion of the draft documentation. All monies will be paid on acceptance of the final documentation.

Clause SC2 - Goods and Services Tax "Goods and Sales Tax (GST)" means any tax on goods and/or services, including any value added tax, broad based consumption tax introduced in Australia. "GST Law" includes and Act, order or regulation which imposes or otherwise deals with the administration or imposition of a GST in Australia. Notwithstanding any other provision of this Agreement: (a) If a GST applies to any supply made by any party or in conjunction with this

Agreement, the consideration provided or to be provided for that supply will be increased by an amount equal to the GST liability properly incurred by the party making the supply.

(b) If the imposition of a GST or any subsequent change in the GST law is accompanied by or undertaken in connection with the abolition of a reduction in any existing taxes, duties or statutory charges (in this clause "taxes"), the consideration payable by the recipient of the supply made under this Agreement will be reduced directly or indirectly as a consequence of the abolition of or reduction in taxes.

Each party warrants that at the time any supply is made under this agreement on which GST is imposed, that party is registered under the GST law. If the other party requests written evidence of registration, the party claiming to be registered will promptly produce evidence satisfactory to the party seeking such evidence.


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Any invoice rendered by a party to this agreement which seek to recover an amount of GST payable by that party must conform to the requirements for a tax invoice (as that term as defined in the GST law). If requested to do so by the recipient of the supply, the supplier must provide a tax invoice within 14 days. Council shall not be obliged to make any payment unless it is satisfied that the work satisfies the requirement of the brief. The consultant shall be responsible for all his/her own costs for travel, accommodation and other expenses.

18.12 Selection Criteria Proposals shall be assessed by Councils Natural Resources Group. Proposals will be assessed on an objective basis in general accord with the following selection guidelines. Factors to be considered in the assessment process will be:

1. methodology 2. demonstrated level of understanding of what is required to produce a quality

outcome; the quality of the Consultant’s team in terms of demonstrated experience in the field.

3. proven track record. Of particular importance is the presence of sufficient depth of experience to cover the broad range of skills needed to address the issues and formulate objectives and strategies;

4. community consultation proposal and skills; 5. overall fee; 6. project timetable; and 7. understanding of the Coastal Management Process.

18.13 Acceptance Written acceptance and agreement from the Consultant that the work will be undertaken in accordance with the Brief is required before the Commission can begin.

19.0 RESPONSIBILITY OF CONSULTANT 19.1 The responsibility for the preparation of the study & plan and the supervision of sub

consultants and their integrity, effectiveness and suitability for the purpose rests with the consultant. Council is relying upon the consultants knowledge, skill and judgement to produce a finished product which is fit for its intended purpose.

19.2 The consultant shall accept full responsibility for all work undertaken as a requirement of this brief.

19.3 The consultant is responsible for ensuring that adequate data and information to meet the requirements of this brief have been supplied are obtained from the appropriate sources.

19.4 Draft documents submitted for review by Council shall be signed by the consultants principal nominated in the proposal to certify that the documents represent adequate professional presentation for the particular of the work. All final documents prepared by the consultant must be signed by the consultants principal nominated in the proposal to certify that the documents have been prepared by competent professional staff and have been checked for accuracy, compliance with relevant regulations, the requirements of the brief and fully co-ordinated with all related documents.


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19.5 Any errors, ambiguities or deficiency, which becomes apparent during the commission, shall be referred to the consultant for correction or clarification in suitable form. The consultant shall not be entitled to an additional fee where the correction or clarification arises from the fault of the consultant.

19.6 The consultant should ensure that the documents produced under the commission comply with relevant Acts, Codes, Ordinances and Regulations. The consultant shall immediately advise Council and obtain direction if the work requirements conflict with any such statutory requirement.

19.7 The consultant is to advise Council of any conflict of interest that may arise in the undertaking of this study from other work undertaken by the consultant in the study area.

20.0 FEES 20.1 The fees to be paid for the work described in the Brief shall be a lump sum

nominated by the consultant in the proposal for the work. The lump sum is to include all fees for sub-consultants. The fees for sub-consultants shall be stated separately.

20.2 The lump sum fee may only be exceeded if work additional to the extent of this Brief is requested by Council.

20.3 Items not specifically mentioned in the Brief but which are necessary for the satisfactory completion and performance of the work shall be executed by the consultant without adjustment to the nominated fees.

20.4 No payment for additional work will be made in excess of the nominated fee unless the additional work is first authorised in writing by Council. The fees shall be deemed to include all works and costs necessary to carry out the work set out in the brief.

20.5 The lump sum fee submitted by the consultant shall be a true reflection of the cost of professional services to be provided. The lowest fees submitted will not necessarily be accepted by Council.


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21) FEE SCHEDULE

KEMPSEY SHIRE COASTAL MANAGEMENT PLAN – STAGE 2a & 2b COASTAL MANAGEMENT STUDY & PLAN

ITEM AMOUNT $

Stage 1 Literature Review

Sub total

Stage 2 Site observations/inspections

Sub total

Stage 3 Community & Agency Consultation

Sub total

Stage 4 Coastal Management Study

Sub total

Stage 5 Draft Coastal Management Plan

Sub total

Stage 6 Final Coastal Management Plan

Sub total

OTHER

Disbursements (all Stages).

Additional data requirements – (detail if required).

Work in the brief not covered by the above items.

Sub Total

TOTAL FEE

Additional Meetings

Attend any additional meetings as directed (per meeting).


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Documents

KEMPSEY SHIRE COASTAL ZONE MANAGEMENT …...Kempsey Shire Coastal Zone Management Study & Plan - Consultant Brief 2013 7 4.0 POLICY FRAMEWORK 4.1 Review of Coastal Zone Management