A decision on a bulk raw water supply agreement with Coffs Harbour City Council has been deferred by Clarence Valley Council at its March meeting to allow the mayors of both councils to discuss an arrangement that is mutually agreed on.

At the March 28 Clarence Valley Council (CVC) meeting councillors were advised a dispute resolution process that council resolved to enter at the December 2022 meeting had failed to negotiate an outcome both parties agreed on.

A bulk water supply agreement was first entered into between the then Lower Clarence County Council and Coffs Harbour City Council (CHCC) in 2004.

Following the transfer of Essential Energy’s Nymboida water supply assets in July 2021, negotiations have been held with CHCC regarding the updating of the bulk water supply agreement to reflect current operational and future capital requirements, but an agreement is yet to be reached. 

Mayor Ian Tiley told the CVC March meeting he received a phone call from Coffs Harbour Mayor, Paul Amos prior to the meeting requesting the motion be deferred.

“I advise councillors that half-an-hour ago I had a call from the Mayor of Coffs Harbour City Council, and I can advise that his council is not supportive of the officer’s recommendation on page 11 of your business paper,”

“They seek a deferment so that the two mayors can discuss the matters involved.

“I think for the sake of one month to have that discussion is probably advisable because at the present time we have a situation where they’re not agreeing to what we are saying.

“I’m prepared to move from the chair that the matter be deferred for one month to enable discussions with Coffs council.”

Cr Tiley’s motion was seconded by Cr Bill Day.

Before the motion was put to a vote, Cr Debrah Novak asked what the General Manager’s view on the situation was.

Cr Tiley said he had discussed the matter briefly with General Manager Laura Black before the council meeting.

“Mr Mayor, my view is the officer’s recommendation, however I accept if the council moves to defer it for a month to allow the Mayors to speak, so be it,” General Manager Laura Black said.

Cr Karen Toms spoke against Cr Tiley’s motion, stating she wasn’t aware of the phone call between Cr Tiley and the Coffs Harbour Mayor.

“I’m very disappointed that the Mayor would contact another Mayor about an officers report from a General Manager half an hour before a council meeting,” she said.

“It’s an issue that we need to resolve and there has been, should I say, conflict in the past.

“This is something we need to make the decision about; it is not their decision to make.

“We need to desperately update the agreement, so we don’t have issues like we had earlier in this year with water coming back from Karangi Dam.

“I think that it’s poor form that the Mayor has tried to hold this up for another month.”

Cr Tiley advised the meeting he received a text from Cr Allison Whaites, who was granted a leave of absence from the March CVC meeting, asking that he talk to Cr Amos, Coffs Harbour Mayor about the issue.

“Their solicitor has a very different view to our solicitor,” he said.

“For the sake of a month, lets talk, talking saves the need for litigation.”

Cr Tiley’s motion to defer a decision until the April CVC meeting to allow negotiations between the councils was supported six votes to two, with Cr’s Toms and Novak voting against.

This article appeared in the Clarence Valley Independent, 5 April 2023.