Upper Lachlan Strategy
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Upper Lachlan Strategy Part B Planning and environmental context 3. Statutory planning context This Section outlines the environmental legislation that applies to the Upper Lachlan LGA. It also reviews relevant state and regional planning policies and guidelines that provide the strategic context for the consideration of future land uses. The local planning context is discussed in Section 4. 3.1 Legislative framework 3.1.1 Commonwealth legislation Environment and Biodiversity Conservation Act 1999 The Environment Protection and Biodiversity Conservation Act 1999 is administered by the Commonwealth Department of Environment, Water, Heritage and the Arts. The Act is designed to protect six items or areas of ‘national environmental significance’ (listed below) from specific actions or undertakings. Any proposed action that has the potential to significantly affect a matter of national environmental significance must be referred to the Commonwealth Minister for Environment and Heritage. Section 26 of the Act also provides that any actions that may have a significant impact on any Commonwealth land must also be referred to the Commonwealth Minister for the Environment and Heritage for assessment and determination. The Act states that the following are matters of national environmental significance: World Heritage properties. Wetlands of international significance (i.e. RAMSAR wetlands). Listed threatened species and communities. Listed migratory species protected under international agreements (CAMBA and JAMBA). Protection of the environment from nuclear actions. The marine environment. Part 3 of the Environment Protection and Biodiversity Conservation Act 1999 provides that an action that ‘has, will have or is likely to have a significant impact on a matter of national environmental significance’ may not be undertaken without prior approval from the Commonwealth Minister for the Environment, Water, Heritage and the Arts, as provided for under the provisions of Part 9 of the Act. Any proposed works within Upper Lachlan are likely to affect any matter of national environmental significance or significant impact on commonwealth owned property would be referred to the Department of Environment, Water, Heritage and the Arts (Commonwealth) for assessment. PB 2111587A-PR1701AJ Rev. D Page 24 Upper Lachlan Strategy 3.1.2 NSW legislation Environmental Planning and Assessment Act 1979 Planning in NSW is guided by the Environmental Planning and Assessment Act 1979 (the Act). Section 5 of the Act lists the objectives of the legislation which seek to encourage: the proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purpose of promoting the social and economic welfare of the community and a better environment the promotion and coordination of the orderly and economic use and development of land the protection, provision and coordination of communication and utility services the provision of land for public purposes the provision and coordination of community services and facilities the protection of the environment, including the protection and conservation of native animals and plants, including threatened species, populations and ecological communities, and their habitats ecologically sustainable development the provision and maintenance of affordable housing the sharing of the responsibility for environmental planning between the different levels of government in the State the increased opportunity for public involvement and participation in environmental planning and assessment. The framework for environmental planning in NSW is contained within Part 3 of the Act. Part 3 provides for the preparation of environmental planning instruments to implement the objects of the Act, including state environmental planning policies, regional environmental plans and local environmental plans, as well as other mechanisms (such as development control plans and Section 94 contributions plans). Protection of the Environmental Operations Act 1997 The Protection of the Environment Operations Act 1997 provides a regulatory framework for the management of activities that has the potential to adversely impact on the environment. This framework is established through the preparation and adoption of Protection of the Environment Policies, the issue of environment protection licenses and enforcement through environment protection notices. This Act is largely administered by the Environmental Protection Agency, in conjunction with local councils. National Parks and Wildlife Act 1974 The National Parks and Wildlife Act 1974 governs the establishment, preservation and management of national parks, historic sites and certain other areas. The Act also provides the basis for the legal protection and management of threatened native flora and fauna and Aboriginal sites across NSW. Pursuant to Section 87 (Permits relating to Aboriginal objects) and Section 90 (Destruction of Aboriginal objects or places), permits are required from the Department of Environment PB 2111587A-PR1701AJ Rev. D Page 25 Upper Lachlan Strategy and Climate Change for development or works likely to affect vegetated areas or areas/items of Aboriginal significance. Threatened Species Conservation Act 1995 The Threatened Species Conservation Act 1995 and associated Threatened Species Amendment Act 2002 provide for the conservation of threatened species, populations and ecological communities of animals and plants. The Acts provide a framework for the assessment of any action that may affect threatened species. A statement of significance is a legislative requirement pursuant to Section 5A of the Environmental Planning and Assessment Act 1979, which is required for the assessment of impacts on species listed under the Threatened Species Conservation Act 1995. This test is designed to assess the potential significance of any impact of a proposed development on threatened species, populations and communities or their habitats. Where it is determined by the proponent that a significant effect is likely, a Species Impact Statement must be prepared to assess the level of impact. In August 2004, a reform proposal for this Act was produced by the former Department of Environment and Conservation. The reform addresses the following key areas: better biodiversity outcomes in urban and coastal areas by integration with better strategic land-use planning, changes to the development assessment process and accreditation of flora and fauna consultants embedding threatened species conservation in rural areas within native vegetation protection listing of threatened species as a scientific process better prioritised actions for recovery and threat abatement upgrading of enforcement and compliance provisions the establishment of expert advisory councils to advise the Minister. This reform was recognised through the Threatened Species Legislation Amendment Act 2004. In 2006, a further amendment to the Act was made, being the Threatened Species Legislation Amendment (Biodiversity Banking) Act 2006. This amendment incorporated the biobanking provisions, which include the following key elements: (a) the establishment of biobank sites on land by means of biobanking agreements entered into between the Minister and the owners of the lands concerned (b) the creation of biodiversity credits in respect of management actions carried out or proposed to be carried out on or in respect of biobank sites that improve biodiversity values (c) a system that enables those biodiversity credits, once created and registered, to be traded (including by being purchased by developers) and used as an offset against the impact of proposed development on biodiversity values (d) the establishment of a biobanking assessment methodology, by order of the Minister published in the Gazette, for the purpose of determining both the number of biodiversity credits that may be created in respect of management actions or proposed management actions and the number of biodiversity credits that must be PB 2111587A-PR1701AJ Rev. D Page 26 Upper Lachlan Strategy retired in connection with a development in order to ensure that it improves or maintains biodiversity values. Water Management Act 2000 The controlled activity provisions of the Water Management Act 2000 replace the similar provisions contained in the now repealed Rivers and Foreshores Improvement Act 1948. These provisions provide for the protection of river and lakeside lands across NSW. A controlled activity is defined by the Act as: the erection of a building or the carrying out of a work (within the meaning of the Environmental Planning and Assessment Act 1979) the removal of material (whether or not extractive material) or vegetation from land, whether by way of excavation or otherwise the deposition of material (whether or not extractive material) on land, whether by way of landfill operations or otherwise the carrying out of any other activity that affects the quantity or flow of water in a water source. Any controlled activity requires an approval under Chapter 3 Part 3 of this Act and relevant sections of the Water Management Amendment (Controlled Activities) Regulation 2008. Native Vegetation Conservation Act 2003 This Act provides for the conservation of native vegetation through the prevention of inappropriate clearing. It also encourages rehabilitation of native vegetated areas. Under the Act, a vegetation survey may be required