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Business

Paper

Late Reports

Ordinary Council Meeting

 

Alby Schultz Meeting Centre, Cootamundra

 

6:00PM, Tuesday 24th October, 2023

 

Administration Centres:  1300 459 689

 

 

 


Ordinary Council Meeting Agenda

24 October 2023

 

LATE REPORTS

Order Of Business

 

8          General Manager’s Report. 5

8.4            Sustainable Development. 5

8.4.2        Grant of Easement over Lot 3 DP 702858, 68 Tumblong Reserve Road, TUMBLONG.. 5

 


Ordinary Council Meeting Agenda

24 October 2023

 

8            General Manager’s Report

8.4        Sustainable Development

8.4.2      Grant of Easement over Lot 3 DP 702858, 68 Tumblong Reserve Road, TUMBLONG

DOCUMENT NUMBER

401128

REPORTING OFFICER

Sally Atkinson, Environmental Health Officer

AUTHORISING OFFICER

Paul Woods, Interim Deputy General Manager - CCD  

RELEVANCE TO COMMUNITY STRATEGIC PLAN

2. A region for the future

2.3 A region that can accommodate and support strategic growth

 

FINANCIAL IMPLICATIONS

There are no Financial implications associated with this report.

LEGISLATIVE IMPLICATIONS

There are no Legislative implications associated with this report.

POLICY IMPLICATIONS

There are no Policy implications associated with this report.

ATTACHMENTS

1.       Annexure B

2.       Plan of Easement    

 

Recommendation

That Council resolve to grant the easement as proposed in the attached Plans and Terms.

 

Introduction

At the June 2023 Council meeting, Council approved the modification of DA2019/143 – which permitted the construction of a Temporary Leachate storage dam on Lot 3 DP 702858.

One of the conditions imposed by Council required that the applicant create an easement over Lot 3 DP 702858 benefitting the landfill.

Prior to the transfer of any leachate to the temporary pond on Lot 3 DP 702858, an easement is to be created over Lot 3 DP 702858 benefitting Lot 7004 DP 1028797 and Lot 7300 DP 1148008. The easement is to permit the temporary storage of leachate from the landfill on Lot 7004 DP 1028797 and Lot 7300 DP 1148008, on Lot 3 DP 702585.

Discussion

On the 6 October Council received draft Transfer Granting Easement documentation from Lawyers acting for the applicant. The documents were sent for review to Lindsay Taylor Lawyers, who subsequently proposed amendments and drafted terms, which have been accepted by the Applicant’s lawyers.

The easement;

·    Permits the construction of infrastructure required for the transfer of leachate from Lot 7004 and Lot 7300 to Lot 3,

·    Permits the transfer from and the acceptance of the leachate from the landfill into the pond on Lot 3,

·    Ensures that the responsibility for the removal of the infrastructure and the of decommissioning the leachate dam on Lot 3 DP 702585 remains with the Applicant.

·    Ensures that if Lot 3 be sold, there is legal ability for the operation of the landfill Facility to

rely on Lot 3 for leachate storage.

As previously noted, the easement is required by the Conditions of Consent, and is required to be established before the applicant can transfer the leachate to the temporary dam currently under construction.

Financial

The granting of the easement ensures there is a legal liability for the landfill operation to rely on Lot 3 DP 702585 and protects Council from future costs relating to the decommissioning of the temporary leachate dam.

OLG 23a Guideline consideration

There is no impact or triggers that require consideration of the 23a Guideline.

 


Ordinary Council Meeting Agenda

24 October 2023

 


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Ordinary Council Meeting Agenda

24 October 2023

 


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