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Briefing Paper Seven Climate change and the rental Briefing sector: Mapping the legislative Paper SEVEN and policy context: Local government Palmer, J., Instone, L., Mee, K., Williams, M., Vaughan, N. (2012) Centre for Urban and Regional Studies Acknowledgements: School of Environmental and Life Sciences University of Newcastle Callaghan, NSW, 2308 http://www.newcastle.e du.au//research- centre/urban-and- regional-studies SUSTAINING RENTAL LIFE SERIES NOTE The Briefing Paper series of the ‘ Rental housing, climate change and adaptive capacity: a case study of Newcastle NSW’ project seeks to provide readers with access to current research on rental sector adaptation to climate change. Briefing Papers produced by the project team are working documents that provide a forum on theoretical, methodological and practical issues related to climate change adaption in rental housing. The project is funded by the National Climate change Adaptation Facility (NCCARF) for 2012. The publication as a ‘Briefing Paper’ does not preclude subsequent publication in scholarly journals, books or reports. Unless otherwise stated, ‘Rental housing, climate change and adaptive capacity’ publications are presented as contributions to debate and discussion and represent our developing thinking about the research. We are hoping that they may facilitate feedback from readers, researchers, renters and housing managers. Briefing Papers are available in electronic format and may be downloaded from the Sustaining Rental Life website: http://www.newcastle.edu.au//research-centre/urban-and- regional-studies The correct citation for this publication is: Palmer, J., Instone, L., Mee, K., Vaughan, N., and Williams, M. (2012) ‘Climate change and the rental sector: Mapping the legislative and policy context: Local government’, Centre for Urban and Regional Studies, University of Newcastle, Sustaining Rental Life Briefing Paper 7. Also visit us on Facebook at https://www.facebook.com/SustainingRentalLife Enquiries may be directed to: Dr Lesley Instone & Dr Kathy Mee Geography and Environmental Studies University of Newcastle Callaghan, NSW, Australia University Telephone: +61 2 49216637 or +61 2 4921 6451 Email: [email protected] or [email protected] Cover image by J Palmer, from maps by Geoscience Australia: © Commonwealth of Australia (Geoscience Australia) 2012. BRIEFING PAPER 7 Climate change and the rental sector: Mapping the legislative and policy context: Local government Contents Newcastle Community Strategic Plan ........................................... 14 Introduction ........................................ 3 Newcastle Local Environment Plan Role of local government .................. 3 2003 .......................................... 14 1. Legislative provisions for local Newcastle City Centre Local government ............................... 3 Environment Plan 2003 ............. 14 2. Local Government and ESD ..... 4 Newcastle City Council Affordable City of Lake Macquarie Housing Strategy ....................... 15 Environmental Sustainability 10. Lake Macquarie local Action Plan .................................. 6 government planning ............. 16 3. ESD resources for councils ..... 6 Lake Macquarie Local 4. Local government and climate Environment Plan 2004 ............. 16 change ....................................... 7 Local government services ............. 16 5. Flood management ................... 8 11. Waste Management ................ 16 Overview ...................................... 8 12. Transport and pedestrian Newcastle City-Wide Floodplain networks ................................. 17 Risk Management Study and Plan Cycling networks ....................... 18 .................................................... 8 Pedestrian networks .................. 18 Lake Macquarie Flood Studies ..... 9 13. Water ....................................... 19 Lake Macquarie City Council response to Flood Studies ......... 10 14. Electricity ................................ 19 Sea Level notifications (S149(5)) Local government incentive .................................................. 10 programs .......................................... 19 6. Climate change resources for 15. Incentives for landlords ......... 19 councils ................................... 11 Sustainable Building Advisory Climate Change Action Pack ..... 11 Service, Newcastle .................... 19 City of Lake Macquarie Sea Level 16. Incentives for communities ... 20 Rise Assessment Tool ............... 11 Incentives for recycling .............. 20 7. Funding of local government . 11 Lake Macquarie City Council Infrastructure funding for local Sustainable Neighbourhoods councils...................................... 12 Program .................................... 20 Local government land use planning References ....................................... 21 .......................................................... 13 Contacts for further Information ..... 25 8. Overview .................................. 13 9. Newcastle local government planning ................................... 14 Rental housing, climate change and adaptive capacity: a case study of Newcastle, NSW : a project of the Centre for Urban and Regional Studies, University of Newcastle funded by the Adaptation Research Grant Program. Page 2 BRIEFING PAPER 7 Climate change and the rental sector: Mapping the legislative and policy context: Local government INTRODUCTION engage in sustainable practices and to adapt to climate change. This briefing paper is one of a series that supports our research project on This Briefing Paper is the third in the set climate change and the rental sector, of four on this topic, and provides an focusing on the Newcastle and Lake overview of role of local government, Macquarie areas of New South Wales. particularly in Newcastle and Lake Macquarie in New South Wales, which The research project takes an asset- are our two study areas. based approach (see Briefing Papers 1 and 2) to identify the skills and Commonwealth and State Government capacities of tenants to contribute to legislative and policy roles are climate change adaptation and discussed in Briefing Papers 5 and 6 sustainability. respectively. The project also examines those Briefing Paper 8 analyzes the conditions which either enable, or act as implications of this legislative and barriers to, adaptation and sustainability political context for the capacity of in the rental sector. In addition to tenants, landlords and property obtaining advice on these issues during managers to adapt to climate change. interviews and focus groups, we examine in Briefing Papers 5-8 the ROLE OF LOCAL GOVERNMENT wider context of legislation and policy at 1. Legislative provisions for all levels of government. local government Briefing Papers 5, 6 and 7 provide an The Australian Constitution makes no overview of Commonwealth, State or explicit mention of local government local government’s policy and legislative (Hyder Consulting 2011), and the role, focusing on: powers and responsibilities of councils in NSW derive mainly from the NSW • ecologically sustainable Local Government Act 1993 1. development (ESD) • response to climate change However councils are independent • land use planning corporate bodies, and the NSW Minister • affordable and sustainable rental for Local Government and Department housing of Local Government do not have the • sustainability of services such as authority to direct councils’ day-to-day water, energy and transport decision-making in areas such as • incentives to encourage planning, resource allocation or sustainable housing, enforcement decisions (DLG undated). communities and households. These Briefing Papers canvas policy, 1 The current Commonwealth Government has regulation and programs which are likely proposed that the issue of constitutional recognition of to affect the capacities of tenants, local government be referred to a Parliamentary landlords or property managers to Committee to assess whether a referendum on the issue is likely to be successful (Karvelas 2012). Rental housing, climate change and adaptive capacity: a case study of Newcastle, NSW : a project of the Centre for Urban and Regional Studies, University of Newcastle funded by the Adaptation Research Grant Program. Page 3 BRIEFING PAPER 7 Climate change and the rental sector: Mapping the legislative and policy context: Local government Some key Council responsibilities under land) (NSW Environmental State law include: Planning and Assessment Act 1979 (Department of Planning)) • council social or community plans • subdivision of land (NSW (NSW Local Government Act Environmental Planning and 1993) Assessment Act 1979 • development affecting waterways (Department of Planning)) (NSW Rivers & Foreshores • waste management (NSW Improvement Act 1948 Environmental Planning and (Department of Planning)) Assessment Act 1979 • development applications and (Department of Environment and consents (NSW Environmental Conservation)) Planning and Assessment Act • water supply (NSW Water Supply 1979 (NSW Department of Authorities Act 1987 (Department Planning)) of Planning, Department of • greywater reuse (NSW Local Environment and Conservation, Government Act 1993 Department of Lands, Department (Department of Local Government of Local Government)) (adapted and NSW Health)) from DLG undated). • land use/environmental planning (NSW Environmental Planning 2. Local Government and ESD and Assessment Act 1979 The responsibilities of local government (Department
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