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Confidential resolutions about valley’s water supply

Geoff Helisma|

Clarence Valley Council (CVC) has made two decisions in a closed session that could potentially affect the valley’s water supply.

Councillors, however, unanimously supported keeping their decisions regarding the “Nymboida hydro power station” and the “proposed purchase of property for water quality protection” confidential, as per Section 10A (2)-c of the Local Government Act.

“A council or a committee of the council, of which all the members are councillors, may close to the public [part of] its meeting [if] … the matters and information … would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business,” the Local Government Act states.

On the hydro power station, the Independent has previously reported that Essential Energy (EE) and CVC are amid confidential negotiations at EE’s request.

Staff previously advised councillors that the agreement “imposes restrictions on the use and release of information,

[however]

, it should not prevent the investigation proceeding and the final report being presented to council”.

At the October 22, 2019 CVC meeting, councillors received a confidential report – which cost $38,940 (inc GST) of a $40k budget – from GHD (engineering, architecture, environmental and construction services) “on the desktop investigation into the economics of CVC generating electricity at the Nymboida hydro power station”.

At that meeting councillors decided to “hold discussions with EE … to gain agreement on options for the future ownership transfer and/or potential joint venture opportunities” and to commission “a scope of works to be developed to enable quotations

[to be sought and]

… to undertake a detailed feasibility study”.

Beyond the completion of these discussions, staff wrote in the report to council: “Should council have the risk appetite to proceed further with recommissioning” the power station, subject to EE’s consent, the estimated costs are $100,000 for consultants and solicitors to facilitate negotiations; $80,000 for a detailed feasibility study and $300,000 to complete the engineering design and construction management plan.

Pursuing the generation of electricity at the hydro power station is the result of a notice of motion tabled by Cr Richie Williamson in June 2018 and a subsequent decision in May 20198 to accept power station owner Essential Energy’s (EE) request that any investigation is “subject to a comprehensive confidentiality agreement”.

The Independent is unaware of any background information regarding the “proposed purchase of property for water quality protection”.

Councillors Novak and Kingsley were absent during the confidential session at the February 25 CVC meeting.

Meanwhile, it was decided at the recent NSW Country Labor conference, to “explore means of restoring the Nymboida hydro-electric plant – not just to expand the provision of renewable energy but to reinvigorate what had been a vibrant tourist facility for kayaking and other river activity”.

The recommendation will now be debated at the NSW Labor Annual Conference on July 18 and 19.