A Case Study of the Naturelink Cableway Proposal

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Investigating Queensland's Cultural Landscapes: CONTESTED TERRAINS Series

Report 3:

CONTESTS AND MANAGEMENT ISSUES

…in current programmes to promote sustainable development, the aim is primarily to identify ways to limit human activity so that economic and social development can proceed within the finite ecological capabilities of the planet. Source: McNaghten et al , (1995) 'Towards a Sociology of Nature' Sociology, 29 (2), p.203.

Edited by Helen Armstrong, Danny O'Hare, and Jeannie Sim

PUBLISHING INFORMATION

REPORT 3: Contests and Management Issues Edited by Helen Armstrong, Danny O'Hare and Jeannie Sim

ISBN 1 86435 520 4

Published by Cultural Landscape Research Unit, Queensland University of Technology, GPO Box 2434, Brisbane, Qld. 4001

The Project "Investigating Queensland's Cultural Landscapes: CONTESTED TERRAINS" was funded by ARC-SPIRT grant (1997-1999). The participants in this project included members of the Cultural Landscape Research Unit (QUT) with the industry partner being the Queensland Government's Environmental Protection Agency (Cultural Heritage Branch).

Investigating Queensland's Cultural Landscapes: CONTESTED TERRAINS Series Other publications from this project:

REPORT 1: Setting the Theoretical Scene Edited by Helen Armstrong ISBN 1 86435 518 2

REPORT 2: Thematic Study of the Cultural Landscape of Queensland Edited by Jeannie Sim ISBN 1 86435 519 0

REPORT 4: Reports of the Case Studies Edited by Jeannie Sim and Helen Armstrong ISBN 1 86435 521 2

ii TABLE of CONTENTS

INTRODUCTORY

Danny O'Hare iv

1 CONTESTS ANALYSIS

Barbara Adkins 1

2 MANAGING CONTESTED TERRAINS IN QUEENSLAND : A Case Study of the Naturelink Cableway Proposal

Barbara Adkins and 4 Jennifer Summerville

3 LEGISLATIVE FRAMEWORK

Tracey Avery 20

4 LOCAL GOVERNMENT PLANNING REVIEW

Susan Laurens 45

List of Tables TABLE 3.1 Perceived Level of Protection for Identified Areas, in the Douglas Shire 63

iii

CONTESTS AND MANAGEMENT ISSUES

who own, use, control, value and contest the land. INTRODUCTORY This report presents four background papers to assist in moving from cultural landscape by Danny O'Hare interpretation to cultural landscape management in the Queensland context.

Analysis and management of Managing the dynamism and contests diversity of contested terrains The first chapter in this report, by Barbara Heritage conservation practice in Australia Adkins, puts forward an argument for the has, to date, concentrated on the value of case study methods as a credible identification and conservation of discrete form of cultural landscape research. This elements of the humanised environment: paper provides a theoretical basis for the heritage "items", sites, buildings, and case study landscapes presented in the next Conservation Areas. These discrete items volume (Report 4). The five case studies, and places can usually be defined with while not spatially 'representing' all the considerable precision, both spatially and in cultural landscapes of Queensland, have terms of their heritage values. The cultural theoretical value because the contests within significance of many of our everyday the case study landscapes are representative cultural landscapes, however, remains much of the contestation inherent in the making of less easily defined. The physical, Queensland as a whole. socioeconomic and cultural diversity of Queensland's cultural landscapes As an illustration of the arguments presented demonstrates important aspects of the State's in chapter one, Adkins and Jennifer continuing history of development from Summerville present a case study of the colonial outpost to participant in a global Gold Coast Naturelink cableway proposal in economy. The concept of cultural landscape the chapter two. This case study of the enables us to balance the traditional focus on management of contested terrains in discrete heritage elements with a broader Queensland was completed prior to the State concern with the diversity and dynamism of Government's rejection of the cableway the wider human environment. The proposal in late 2000. Like the case studies management of such 'indiscrete' cultural in Report 4, this case provides confirmation landscapes raises challenges for that Queensland's cultural landscapes are contemporary practice. indeed contested terrains. It illustrates the complex and antagonistic debates that Although Queensland's existing legislative frequently surround major decisions and land management framework is not regarding valued cultural landscapes (cf. clearcut in how it provides for cultural Fitzgerald 1984). These debates – landscape management, cultural landscapes particularly when polarised and bitter – are can and should be managed within the an important means by which the valued existing statutory structure. Everyday land qualities of cultural landscapes are defined use and resource management is, in fact, (O'Hare 1999). Much of this occurs through cultural landscape management. Cultural an ongoing myth making or story telling landscapes are not static, isolated relics from process, and the websites interpreted by the past. Cultural landscapes are never Adkins and Summerville act as both venue "complete" and unchanging: the process of and instrument for this process. landscape making continues with the everyday priorities and decisions of those The Naturelink discourses – pro-cableway and anti-cableway – are depicted here as two

CONTESTS AND MANAGEMENT ISSUES

parallel monologues rather than as a Avery ends her review with two main dialogue. There is an "incommensurability conclusions. She concludes that cultural of the discourses" as "each party does not landscapes can be conserved, "if they can be speak directly to the other, or indeed, defined in terms of features that can be address its arguments". The paper suggests physically managed". This raises some that there is a need to more clearly articulate problems for how the myths and stories of environmental values in a clear conceptual particular cultural landscapes, such as South framework, such as "the cultural landscape". Brisbane and Cape York Peninsula, can be The acknowledgment of contradictory and adequately recognised and addressed in incommensurate discourses is germane to a conventional land management. It may be "contested terrains" concept of cultural that further research will reveal that cultural landscape. Such a concept, the authors landscapes need to be simultaneously argue, enables a meeting between discourses managed on two levels: the legal and that are separately framed in terms of "the physical level, and the intangible and environment" (the anti-cableway argument) mythical level. Optimism is provided by the and "economic development" (the pro- observation that Commonwealth and State cableway argument). The idea of a Gold legislation is reaching a point where the Coast cultural landscape (see Armstrong's objects of acts are broad enough to case study in Report 4), provides a basis for encompass the concept of cultural landscape the integration sought by the Integrated put forward in this research project. Planning Act 1997. Avery's second conclusion is that cultural landscapes in Australia are being managed, The Legislative Framework but only in so far as they have been defined In Chapter 4, Tracey Avery provides an and understood. She notes an emphasis on understanding of the legislative framework "scenic value", natural values, and discrete and land management context. The paper historical and archaeological "sites" rather sets out the legislative framework at the than on multi-dimensional and extensive international, national and State levels, landscapes where contests are establishing those legal and policy acknowledged. Again, the Contested documents that have a direct impact on land Terrains study attempts to improve the management in Queensland. It also explores deficit in understanding of cultural existing and potential management landscapes. techniques which offer the opportunity to address the issue of managing cultural Finally, Susan Laurens' chapter extends landscapes. Several Australian and Avery's review, connecting with the local international land management plans, level of land use management. Her review policies and practices are critically reviewed summarises local government documents for their applicability to cultural landscape regulating land use and development in the management in Queensland. Her review five case study areas: the Gold Coast, South notes that understandings of "cultural Brisbane, the South East Regional Forest landscape" differ widely in the documents Agreement (RFA) area, the Wet Tropics, reviewed. This is a problem that the and Cape York Peninsula. The five case Contested Terrains study attempts to studies contain management proposals overcome by adopting a succinct but well invoking the relevant documents reviewed in argued concept of cultural landscape (Report both Avery's and Laurens' papers. It should 1, Chapter 1), and showing how a diverse be noted that both papers were prepared in range of Queensland cultural landscapes (the 1999, and the case studies in 1999-2000, and five case studies) can be interpreted and that statutory changes since then – managed. particularly the finalisation and adoption of IPA compliant planning schemes – have not been able to be incorporated.

CONTESTS AND MANAGEMENT ISSUES

Some of the documents reviewed by REFERENCES Laurens are examples of how a clearer understanding of the concept of cultural Allom Lovell Marquis-Kyle, Henshall Hansen landscape could assist in landscape Associates, Context, HJM and Staddon Consulting 1997 Gold Coast Urban Heritage management. For example, her critique of and Character Study . Nerang: Gold Coast City the Gold Coast Urban Heritage and Council. Character Study (Allom Lovell Marquis- Brisbane City Council 1999 Draft City Plan . Kyle et al 1997) provides evidence of a Brisbane: BCC. shortage of adequate terms for explaining Fitzgerald, R 1984 A History of Queensland from and managing valued qualities of the 1915 to the 1980s . St Lucia: University of everyday human environment. In this study, Queensland Press. and in Brisbane City Council provisions for Lowenthal, D 1985 The Past is a Foreign "character housing areas" (BCC 1999) - Country . Cambridge: Cambridge which imply that character is only a positive University Press. and valued concept and never negatively regarded – it seems that the idea of cultural Lynch, K 1972 What Time is This Place? Cambridge, Massachusetts: MIT Press. landscape may offer a more adequate concept on which to base land management. O'Hare, D 1999 "Making heritage in a The implication of the Gold Coast Urban Queensland coastal resort," IJHS 5(2): 82- 95. Heritage and Character Study is that "heritage" is not popularly understood to include the recent past and dynamic environments (cf Lynch 1972, Lowenthal 1985). Perhaps "character" is the term chosen when what is needed is a better understanding of "cultural landscape". At the heart of the Gold Coast cultural landscape is the Heritage and Character Study 's point that it is "a city whose ethos has traditionally been one of change and growth" (p17). Such dynamism is much less problematic within a cultural landscape framework than within current understandings of "heritage". So in attempting to conserve and manage "character", both the Gold Coast and Brisbane City Councils are attempting to conserve and manage cultural landscapes.

Taken together, the four chapters in this report show that cultural landscapes cannot easily be managed by the discrete mechanisms of heritage conservation legislation alone. Cultural landscapes are diverse, contested and continuously being made and remade as circumstances change. Every land management decision is a cultural landscape making decision, and so cultural landscape management requires engagement in the full range of 'everyday' land management legislation and practice.

1 CONTEST ANALYSIS

by Barbara Adkins

This chapter was originally prepared as a short interim paper by the author to inform the other members of the Contested Terrains research team of research design and methods using CASE STUDIES. The addition of discussion about understanding cultural landscapes using case studies techniques was also most helpful to the team. Finally, the results of applying these ideas during the project are examined.

CONTESTS and MANAGEMENT: 1: Contest Analysis

In the social and cultural sciences the case INTRODUCTION study approach affords intensive study of the Initially, the research team identified five details of the social and cultural case study areas representing different kinds relationships that both comprise and produce of cultural landscapes in Queensland. These observed patterns. The case represents a site areas have been examined intensively in which provides for the study of particular order to develop a more focused social or cultural phenomena. In this respect understanding of the properties of the the site itself is not identified as the case but landscapes and cultural meanings which as the environment in which the researcher characterise each case (refer Report 4 Case would find the object of study. This can be Studies Reports). Considerable discussion exemplified in the anthropologist’s has also occurred concerning the way in traditional focus on the village. The interest which these properties can be studied for the was not so much in villages per se. Rather, purposes of informing the management and the village was seen as a site which afforded use of these diverse terrains. It has been the study of the way different levels of suggested that an important contribution of social organisation intersect. Cases are thus the study could lie in the intensive selected for the opportunities they provide evaluation of actual cases of contestation. for the study of interrelations that are of These could be selected as examples of the specific theoretical interest. Cases are not way diverse interests in - and interpretations statistically representative. They are of - specific sites have been articulated in theoretically representative. the context of a particular land use/land management issue. In order to elaborate on Given the selection of the case on the basis this research strategy and to clarify its of properties that are of theoretical interest, contribution, it is first necessary to examine how generalisable are the findings of the the case study as a research design, outlining case? What is its contribution to knowledge? principles of case selection and the status of While strictly speaking the findings are not findings. Some ideas currently under empirically generalisable beyond the discussion with respect to both case specifics of the case under study, there are selection and methods of data collection and frequently grounds to propose that the analysis are also discussed in this chapter. relationships discovered in the case study may be more generally applicable. It has been pointed out, for example, that Galileo The contribution of case analysis: did not need to continue to replicate the an overview slope experiment to develop the falling body theory. If a case is well chosen then it is In the case study approach, ‘cases’ are plausible to propose that the relationships essentially specific systems bounded in discovered may be more generally space and time. Studies in medicine and applicable. Once formulated, the theory may psychology have historically employed ‘case then be tested by observing the relationships histories’ where individuals were studied as in a range of different settings. However, cases of specific pathologies, developmental this testing only occurs following the issues and so on. In this respect it was not construction of a plausible theory and the the identity of the individual patient which case study forms the empirical basis of this was of central concern, but rather the issues theory construction. of theoretical interest with which the individual presented. The central purpose of The contribution of the case study studying the case in these traditions was to to our understanding of cultural increase understanding of a specific phenomenon by studying the empirical landscapes elements and their interrelations specific to It is proposed to select specific issues the case. pertaining to particular sites as an opportunity to explore matters of theoretical

CONTESTS and MANAGEMENT: 1: Contest Analysis

interest in relation to interpretation and interrelations between parties over issues of contestation of the landscapes identified in cultural significance. These ‘positionings’ the contested terrains project. For example, could then be seen as indicative of different in recent discussions regarding Cape York stances taken over these issues in the field of Land Use with Victor Hart, it was suggested land use and land management. This data that certain issues in relation to that area would be useful in the construction of could be studied in order to understand the theories which inform future strategies for complex processes of difference, alliance integrating cultural values in the and affinity existing within the Murri management of different terrains. population and between these interests and those of different forms of enterprise such as In relation to the study of the Cape York mining and pastoral interests. He pointed out Land Use Agreement during the Borbidge that a study of, for example, the contestation Government in Queensland, documents such and negotiation over the Century Zinc as Wilderness Society media releases, Pipeline, or indeed, the Cape York Land Use Hansard transcripts, academic analyses from Agreement had the potential to illustrate the the Centre for Aboriginal Economic Policy significance of cultural and historical issues Research, information and discussion papers within the different Murri communities and emanating from the Cape York Land the logic of negotiation between indigenous Council, discussion papers from the interests, non-indigenous mining and National Farmers Federation and other pastoral interests, environmental interests sources could be analysed for the specific and federal and state politics. Studying the identities, alliances, relationships and Cape York region as a case of the classifications displayed in them. This interrelations between these interests would would provide a clearer picture of the provide for an understanding of the specific affinities and differences that had to be stances taken on the issue as they have been managed in the production of this articulated by the actors themselves in the agreement. context of actual negotiations. At another level it also provides for a study of the roles The application of these ideas has been played by relevant statutory and carried out in the Gold Coast case study with administrative bodies. This example serves particular reference to the Naturelink not so much as an argument in support of the Cableway Proposal. This is discussed in adoption of a specific issue as a case study, chapter 2 of this report. but rather as an illustration of the choices available. We need to decide what aspects of the interrelations between elements in the Summary different terrains are of special theoretical To summarise, case study methods are an interest. accepted form of research. The Contested Terrains project has applied a particular In studying these cases it is proposed that form of case study analysis to the nature of the primary data collected should take the contests about the values attributed to form of documents containing descriptions landscapes. This application is described in and accounts of actors representing different the chapter four, where five case studies are interests in the context of ongoing examined. discussions on specific issues. These can be analysed using Conversation Analysis, Membership Categorisation Devices, and other linguistic approaches in the analysis of participation roles in talk. These methods allow for the study of the way different parties position themselves and others in talk. This will provide reliable data on

CONTESTS and MANAGEMENT: 1: Contest Analysis

2 MANAGING CONTESTED TERRAINS IN QUEENSLAND: a case study of the Naturelink Cableway Proposal

by Barbara Adkins and Jennifer Summerville

Barbara Adkins and Jennifer Summerville are from School of Psychology and Counselling, Queensland University of Technology. They investigated the discourses associated with a hotly contested terrain in the Gold Coast Hinterland – the proposed cableway up to the Lamington Plateau, part of a designated World Heritage Area. These discourses revealed many approaches and arguments common to other contentious places and was valuable to the other case studies undertaken within the Contested Terrains project.

CONTESTS and MANAGEMENT: 2: Managing Contests – Naturelink Proposal

management of development needs to contend with the extremely different and Managing Development: contradictory discourses currently employed legislative and planning by economic, environmental and cultural interests. This is potentially a source of context difficulty in arbitrating on management issues due to the absence of a clear means of Contemporary approaches to planning point assessing the different discourses. In a recent to the need for an integrated approach which study of the operation of the Regional Forest takes account of economic, environmental Agreement, for example, Lane found that and cultural interests. To this end, there has RFAs have not been able to reconcile been an intensified interest in negotiation competing ideologies on forest use. and "agreements" between various parties Technical approaches to resource seen as representing these discrete interests. assessment were found to misunderstand the For example, the Regional Forests social and political context of resource issue Agreement, The Chevron Gas Pipeline resolution. In this respect, the findings and memorandum of understanding, and the recommendations were not in a form that Cape York Heads of Agreement have been could inform management of these issues seen in the field of Queensland politics as (Lane, 1999). successful examples where a common interest has been identified between cultural, This tendency is problematic in the context environmental and development interests. of the management of development in

Queensland following processes and The requirement for a flexible and integrated principles outlined in the Integrated planning process has also been formalised in Planning Act (1997). As set out, the purpose Queensland with the passing of the of the act is to 'achieve ecological Integrated Planning Act (1997). The sustainability through coordinating and processes specified in this legislation integrated planning, and managing the involve analyses and assessments which process of development and the effects of must be sensitive to a broad range of development on the environment'. In this understandings and perspectives on framework, 'ecological sustainability' refers development. In advocating an integrated to 'a balance that integrates the protection of approach of this kind, Farina (2000) ecological processes, economic development proposes the use of the concept of cultural and the maintenance of the well-being of landscapes as a means of bringing together people and communities'. In terms of the act, ecological, economic and cultural factors in this balance must additionally be applied the management of development: and adapted to the specific features of Future landscapes, whatever their scale, communities. Thus, 'economic development' should be organised according to an is to be achieved by creating 'diverse, integrated approach that brings together efficient, resilient and strong economies to ecological, cultural, and economic understanding and uses landscape ecology enable communities to meet their needs'. The as a key guiding discipline…..This 'cultural, economic, physical and social well- discipline provides new paradigms and being of communities ' is achieved by tools to study, interpret, propose, and 'creating well-serviced communities and manage landscapes with the goal of conserving or enhancing areas and places of guaranteeing the functionality of built and cultural heritage'. This raises the ecological systems and at the same time question of how the requirements pertaining ensuring reasonable economic to balancing perspectives and applying this development of a world that is changing balance to communities is to be managed. its cultural, economic, and social models As suggested above, there is no guarantee at an impressive rate (Farina, 2000). that the analyses that form the basis of However, the application of this new documents informing decision-making will discipline for the purposes of informing the

CONTESTS AND MANAGEMENT ISSUES: 2. Managing Contests – Naturelink Proposal

employ discourses that are consistent or animosity, particularly from Springbrook helpful in negotiating the specific features of residents and environmental groups. These communities which form a significant part groups have joined together in an attempt to of the political and social context of abolish the project. In general they argue contestation. The following case study of that despite the claims of Naturelink contestation over the Naturelink Cablecar representatives, the impact of the cable car proposed for the Gold Coast hinterland ride will be detrimental to the surrounding provides an opportunity to examine the environment and the township of discourses on 'development' and Springbrook. 'environment' as applied to a specific context of contestation. The case study thus allows Much of the written discourse produced in for the development of questions concerning opposition to the cableway is posted on a the way in which such different approaches website that contains contributions from a can be 'balanced', 'integrated' and applied to variety of sources including Springbrook 'communities' so as to inform management residents and a number of environmental strategies. In this chapter, a brief outline of groups as well as letters and submissions the case study approach is used and its sent to various political figures and the contribution to knowledge is examined director of the Naturelink project. In followed by a discussion of the methods addition to this, two public meetings have used to analyse the data. The study then been held and a newsletter is regularly presents the analysis of the discourses circulated to those who have registered their employed in pro- and anti-Naturelink support. So far, Naturelink representatives arguments. have refrained from engaging in direct debate or discussion with the opponents of the project. Its website contains publicity- THE NATURELINK CABLE CAR oriented generic information explaining PROPOSAL AS A CASE STUDY what the project is, various justifications for OF DISCOURSES ON the development and information about how DEVELOPMENT particular issues will be addressed (ie: fire, Native Title, Flora and Fauna, Cultural Background: Introduction to the Heritage and minimising Environmental Naturelink Cablecar Proposal Impact). Opponents of the project see Naturelink's apparent unwillingness to The Naturelink proposal to install the engage in debate as symptomatic of a lack of 'world's largest gondola cableway' stretching a legitimate response. However, while over a distance of 11km from Mudgeeraba Naturelink representatives have avoided to Springbrook on the Gold Coast has direct discussion, supporters of the become the object of intense debate. The Naturelink project have been willing to do tourism development company, Naturelink, so using the EVAG (Economically Viable submitted the development application to the Alternative Green) website which is linked Queensland State Government in early 1999 to the Naturelink website. These websites and since that time has been preparing the have been used as the sources of data for the associated economic and environmental analysis below. impact statements. Basing the development on the Kuranda Skyrail, Naturelink In April 2000 the engineering firm hired to representatives claim that the construction of conduct the environmental impact study for the cableway will have a 'neutral' impact on the project began consulting with interested the environment. Furthermore, they contend members of the community. Responses to that the cableway will meet an increasing the information received during the demand of Gold Coast visitors for nature consultations will inevitably provide the experiences. However, the idea of the Gold basis for contest in the future. Coast hinterlands becoming a tourist attraction has been met with some

CONTESTS AND MANAGEMENT ISSUES: 2. Managing Contests – Naturelink Proposal

The Case Study Approach Naturelink groups. The specific extracts were selected as representative of the kinds In the case study approach, 'cases' are of discourses employed by each group when essentially specific systems bounded in addressing a broad audience about aspects of space and time. Studies in medicine and the development. This meant that some psychology have historically employed 'case communications such as open letters to histories' where individuals were studied as various public figures arguing about very cases of specific pathologies, developmental specific and personalised issues were not issues and so on. In this respect it was not included. the identity of the individual patient that was of central concern, but rather the issues of While they were selected from a small theoretical interest with which the individual number of websites which clearly identify as presented. The central purpose of studying supporters or opponents of the Naturelink the case in these traditions was to increase development, it is important to note that understanding of a specific phenomenon by extracts which were hearable as arguing for studying the empirical elements and their or against the development can come from interrelations specific to the case. quite different sources. The material collected as part of the pro-Naturelink data In the social and cultural sciences the case was drawn from the Naturelink website, but study approach affords intensive study of the this also includes a summary of an economic details of the social and cultural impact statement commissioned by relationships that both comprise and produce Naturelink though not authored by them. observed patterns. In this respect the site Other sources of pro-Naturelink discourse itself is not identified as the case but as the used in the study were Queensland environment in which the researcher would Parliament Hansard, and a website called find the object of study. This can be 'altgreen'. 'Altgreen' is the website name for exemplified in the anthropologist's a group known by the acronym, EVAG: traditional focus on the village. The interest Economically Viable Alternative Green, was not so much in villages per se. Rather, which has been an active supporter of the the village was seen as an opportunity to Naturelink proposal. Among other sources, study the way different levels of social it contains a quote from Mr Terry Jackman, organisation intersect. Cases are thus Chairman of the Queensland Tourism and selected for the opportunities they provide Travel Commission. for the study of interrelations that are of specific theoretical interest. Cases are not The opponents' website contains a collection statistically representative. They are of writings from different sources listed on theoretically representative (Hamel et al the website as follows: 1996). The following case study of the • Australian Conservation Foundation; Naturelink Cablecar development proposal • Australian Rainforest Conservation was selected as a means of studying Society; "economic" and "environmental" • perspectives employed by those supporting Kombumberri – traditional owners; • and opposing the Naturelink development John Williamson in Brisbane Courier with a view to highlighting the management Mail ; • issues presented by the diverse logics and John Williamson in Gold Coast Bulletin ; purposes of these discourses. • John Williamson's open letter • National Parks Association • Some cartoons reflecting the future; and, Research Design • The Wilderness Society. and Data Analysis In this respect, the extracts were deliberately This chapter presents extracts of arguments selected from different sources within each from the websites of pro- and anti- groups' websites in order to examine the discursive features which constitute them as

CONTESTS AND MANAGEMENT ISSUES: 2. Managing Contests – Naturelink Proposal

a specific interest group in relation to the their audience. An orator wishing to development. Following the logic of case persuade an audience selection, extracts were chosen to represent should not emphasise the gulf which two of the discourses identified in the theory separates their respective opinions. and policy literature reviewed above as in Instead, orators should try to slide their need of integration: those representing controversial views into categories which 'economic' and 'environmental' aspects of are familiar and well valued by the development. This provided for an audience (Billig, 1987: 194). examination of the way each group In addition to emphasising the audience described issues of both 'economic' and orientation of language, Burke's perspective 'environmental' impact. This means that provides for the study of the properties of other discourses such as those employed by language which produce its rhetorical the residents opposing the cablecar orientation. A central focus in this study is development were not included in this study. the discovery of human 'motives'. In this This discourse is also considered very context 'motive' does not strictly refer to an important and potentially symptomatic of individual's underlying reason or purpose, those employed by some sectors of 'the but rather the broader sense of the community'. However, at the exploratory movement and direction of human activity. stage of the study, it was felt to be important In the Burkean sense, then, 'motive' refers to to prioritise analytical precision over the the motivating aspects of language, the benefits of a broader scope, because the aim movement between different elements that of the intensive study was to illustrate produce specific meanings. discursive contradiction and incommensurability rather than to document The analytical means through which we these in all their forms. identify the production of motives is the application of a 'grammar' employing a This data has been analysed for the 'pentad' of five key terms: act, scene, agent, purposes of capturing its rhetorical qualities, agency, purpose. The act refers to 'what using the model of dramatism devised by happened', the scene focuses on when and Kenneth Burke (1969, 1992). This particular where it happened, the agent is the person or method was chosen because it emphasises thing producing the act, the agency refers to the symbolic and cultural aspects of how the act was done, and the purpose language use. This is helpful for the identifies why it was done. For Burke, these purposes of informing management elements and their interrelations provide for strategies because it allows for a study of the discovery of motives: talk not merely in terms of its substantive Dramatism is a method of analysis and a focus, but also in terms of the orientations, corresponding critique of terminology perspectives and motives which characterise designed to show that the most direct the everyday world of decision-making. route to the study of human relations and human motives is via a methodological For Burke, rhetoric is defined as the inquiry into cycles or clusters of terms and their functions. (Burke, 1992:235). use of words by human agents to form attitudes or to induce actions in other The following data analysis examines these human agents (Burke, 1969: 41). elements and their interrelations for the In this respect he emphasises the importance purposes of identifying key properties of the of persuasion in language use, and the pro- and anti- Naturelink discourses on the attendant understanding of language as not economic and environmental impact of the simply utterances from a speaker but as development. directed, purposefully or pre-reflectively, THE LOGIC OF CONTEST towards a certain reception. In order to do this, Burke argues, speakers must identify The extensive level of vocal opposition to themselves with the opinions and values of the Naturelink proposal provides an

CONTESTS AND MANAGEMENT ISSUES: 2. Managing Contests – Naturelink Proposal

opportunity to study how the contestants of linkages with this new attraction (eg: on site organise and appropriate two of the advertising at Naturelink and establishment of side-tour operations). (Economic Impact Study integrated components of 'ecological for Naturelink Ltd) sustainable development' – environmental 4. Naturelink is expected to attract a minimum of and economic factors – in order to support 328,000 visitors per annum, and potentially as their case. The following analysis outlines many as 499,000 visitors. The operation of how different discursive versions of Naturelink is estimated to contribute a minimum economic and environmental arguments of $25.2 million to Gross Regional Product and function as organising principles in the generate a minimum of 680 permanent new jobs within the Gold Coast region as a result. debate, providing for its continued (Economic Impact Study for Naturelink Ltd). reproduction. The first section examines the 5. Research has shown that it is anticipated that different arguments on economic impact visitor numbers to the area will be up to 500,000 from supporters and opponents of the annually, taking advantage of that new cableway. Using a specific factor invoked by development. That level of support would have both sides, visitor numbers, the analysis major spin-off benefits for many small businesses on the Gold Coast. The flow-on shows how the discourses refer to effect will equate to many millions of dollars completely different spatial domains and injected into the local economy. (Mr Bauman: management goals. This allows for an Hansard) appropriation of the factor 'visitor numbers' 6. Adding commercial value to near wilderness as a 'positive' factor in the proponents' areas without the need for extractive processes discourse and as a 'negative' factor in that of like logging or mining also enhances their the opponents to Naturelink. longevity. Governments are far more likely to defend areas that generate income than 'near "ECONOMIC" IMPACT useless tracts that beg development'. (Altgreen web site). Given its economic interest it is not 7. "We have to keep providing new things for surprising that Naturelink and supporters of tourists," Jackman says, "particularly for the rest its proposal often referred to the potential of Australia to keep coming back, because the and estimated economic benefit arising from rest of the country is still our biggest market". (Altgreen web site) the cablecar project. BOX 1 lists some statements that use economic impact to infer that support for the Naturelink proposal is The above statements invoke three measures warranted. of economic impact. In the first instance, it is described in terms of dollar value whereby BOX 1: Economic Arguments the Naturelink project is expected to Supporting Naturelink contribute substantially to the 'local Gold Coast economy and 'Gross Regional Sources: Proponents' & Opponents' Product'. Second, job numbers are websites. constructed to be reflective of a positive 1. Naturelink, to be developed at a cost of $50 million, will create up to 600 jobs and very impact whereby job creation is viewed as substantial flow-on benefits for the Gold Coast economically advantageous. Finally, an economy. (Naturelink web site: What is increase in visitor numbers to the region is Naturelink?) seen to facilitate economic growth. Here, 2. An estimated $21.5 million of construction visitors may be interpreted as 'convertible' activity will be expended in the local Gold Coast into dollar value. economy… This construction activity is estimated to have a $20.3 million impact on Gold Coast Gross Regional Product. (Naturelink Initial DISCOURSE 1: Proponents and Advice Statement) Supporters of Naturelink 3. The construction and operation of the proposed Naturelink venture will provide existing local (ie: 1. The central categories in this discourse pertain Gold Coast Hinterland) businesses such as to the Naturelink development and the objects artisans, eateries, tourist attractions and of the benefits of the development described as transport providers with an opportunity to gain "The Gold Coast economy", "The Gold Coast added visitor exposure through the development Regional Product," "The Gold Coast Region"

CONTESTS AND MANAGEMENT ISSUES: 2. Managing Contests – Naturelink Proposal

and "local (ie Gold Coast businesses)." double the visitor numbers to the Purlingbrook 2. "will create up to 600 jobs and very substantial Falls area, and overflow from advertising will flow-on benefits" increase road travel. (Opponents' web site) 3. "The construction and operation of the proposed 7. Despite what has been stated by the Cable Car Naturelink venture will provide existing local (ie: Consortium, well over 2000 people per day could Gold Coast Hinterland) businesses such as be hauled up to the mountains if the gondolas artisans, eateries, tourist attractions and were a minute apart. No doubt this number transport providers with an opportunity to gain would increase in the future. The park will be added visitor exposure through the trampled to death by those who can't be development of linkages with this new bothered to drive up the winding road. attraction." 8. The construction of pylons, the 'occupation' of 4. "is expected to attract a minimum of 328,000 the area for commercial purposes, and the visitors per annum , and potentially as many as increased and largely unmanaged tourist activity 499,000 visitors" in and around the area would have immediate and accumulating impacts. 5. "it is anticipated that visitor numbers to the area will be up to 500,000 annually, taking advantage of that new development. That These extracts illustrate the manner in which level of support would have major spin-off the opponents have discursively benefits for many small businesses" reconstructed increasing visitor numbers to be reflective of a negative environmental The means by which the development will impact rather than a positive economic one. impact positively on the Gold Coast This is achieved by the adoption of a Economy are thus variously described in completely different discourse, which terms of numbers of jobs, visitor exposure reconstructs the act, scene and motives of and numbers of visitors. Implicitly the the Naturelink development. The scene this agency through which this positively time is not the 'Gold Coast Economy' but impacts on 'the Gold Coast Economy' is rather 'Springbrook National Park', 'the through the consumption activity of visitors mountains', 'the park' and 'the area'. The or those in the new jobs created by the description of the settings thus provides for a development. potentially very different set of assumptions While the discourse of the opponents does pertaining to appropriate activity, through a not invoke concepts of dollar value or job much more specific description in terms of creation to reject the claims of Naturelink locale and landscape. and its supporters, visitor numbers provide an important foundation for their argument The act itself is this time characterised not against development. While the above so much in terms of the development statements from the proponents and undertaken by the consortium, Naturelink, supporters invoke the concept of visitor but rather through more specific descriptions numbers as representative of positive of the nature, construction and operation of economic impact, the opponents utilise it in the proposed 'cablecar'. The 'cablecar a way that turns in on Naturelink. BOX 2 proposal' entails acts such as 'haul[ing] up lists some extracts from texts produced by the mountains', 'trampling [the park] to the opponents of the project. death', the 'construction of pylons', the 'occupation of the area for commercial BOX 2: Arguments Against purposes', and 'the increased and largely Naturelink unmanaged tourist activity'. The specific and sometimes emotive descriptions of these Source: Opponents' website. actions sets up a question of the 'fit' between 6. Springbrook National Park already has a high the act and the scene and constructs a visitation rate with 400,000 visitors per year to context which suggests an inappropriate the walks and another 300,000 to the Natural motive for the act, and the possibility of Arch. The 1991 Draft Management Plan for Springbrook National Park cautions against negative impacts on 'Springbrook National increasing visitor numbers. At an estimated 1500 Park', 'the mountains' and 'the area'. people per day, the cable car proposal will

CONTESTS AND MANAGEMENT ISSUES: 2. Managing Contests – Naturelink Proposal

As in the case of the pro-Naturelink opponents respectively. These features of discourse, 'visitor numbers' figure the descriptions enable 'visitor numbers' to significantly as the means by which an be heard as an agent enabling positive imputed outcome will be achieved. However outcomes for the 'Gold Coast economy' in in the anti-Naturelink discourse the agents one discourse, and an environmentally are responsible for a negative impact. destructive agent in 'Springbrook National Park' in the other. In this way, the contest between Naturelink (and supporters) and its DISCOURSE 2: opponents is characterised by the Opponents of Naturelink construction of contrasting versions 9. The 1991 Draft Management Plan for embodying very different acts, scenes and Springbrook national Park cautions against motives so that each party does not speak increasing visitor numbers . At an estimated directly to the other, or indeed, address its 1500 people per day, the cable car proposal will arguments. double the visitor numbers to the Purlingbrook Falls area, and overflow from advertising will 'ENVIRONMENTAL' IMPACT increase road travel. 10. well over 2000 people per day could be The incommensurability of the discourses hauled up to the mountains if the gondolas were analysed above can be said to be organised a minute apart. No doubt this number would around discourses pertaining to two different increase in the future. 'fields': economic and 'environmental' 11. The construction of pylons, the 'occupation' of respectively. However, the debate the area for commercial purposes, and the concerning environmental impact can be increased and largely unmanaged tourist activity in and around the area would have heard as belonging to the same field of immediate and accumulating impacts. 'environmental management' but asserting quite different stances within it. These In this discourse 'visitor numbers' is hearable different versions of 'environment' are based as negative through the constructed on implications concerning the activities that relationship between the act and its scene or appropriately occur in the various contexts context. For example, the act, 'hauling that constitute 'the environment'. The [people] up mountains' when placed in the following analysis of pro- and anti- context of the scene, 'the park', is implicitly Naturelink discourse demonstrates the made accountable. The questionable and centrality of the characterisation of scenes accountable nature of the acts is suggested and acts in the production of markedly more explicitly in extract 1 where the Draft different 'environmental' discourses. Management Plan for the Springbrook Consider the pro-Naturelink arguments National Park is said to 'caution against' outlined in BOX 3. increasing visitor numbers. BOX 3: Arguments for Naturelink

In the pro- and anti- Naturelink arguments Source: Proponents' & Supporters' websites. above, then, economic and environmental 12. Naturelink passengers will travel over the vast arguments are made completely expanse of the Gold Coast water catchment for Hinze Dam and then enjoy a stop-off in an incommensurate. The goals and objects of environment education centre adjoining World the discourses as characterised in the scenes Heritage Listed National Park. (Naturelink) of The Gold Coast Economy' and 13. The first thing we (tourism authorities) and the 'Springbrook National Park' provide the developers would have to do is make sure that contexts for the markedly different the 'green' element is looked after. If it's descriptions of acts and agents and trampled to death we've no attraction any more. imputation of motives. Similarly, the (Terry Jackman) development is given very different 14. While there was some concern over the Skyrail symbolic significance in the different proposal, feedback from around Cairns indicates that most of the original opponents now regard discourses, described as 'Naturelink' and 'the the attraction as a major asset with feared cablecar proposal' by supporters and negative impact failing to eventuate. What

CONTESTS AND MANAGEMENT ISSUES: 2. Managing Contests – Naturelink Proposal

interests us even more are the comments that implication pertaining to environmental the cable car experience appears to engender motives of the Naturelink development that greater urban empathy with relatively pristine areas and increases their perceived value are consistent with those found in extract 1. among urban dwellers (where the majority of In this example, the act is characterised as votes reside) (EVAG) 'mak[ing] sure that the 'green' element is 15. A cableway allows vast numbers of people looked after'. This activity is placed in a access to a near wilderness area without the scene described by the indexical 'it'. The ongoing problems of compaction of walking phrase 'trampled to death', however, trails, erosion, plant damage, wildlife provides for an interpretation of this disturbance and all the associated ills of large numbers of people traipsing through an area. reference to the 'park' or 'forest'. Given that (EVAG) the agents are identified as tourism authorities and developers, the relationship These extracts illustrate how Naturelink and between the acts and agents on the one hand, its supporters construct the cableway project and the scene of the park on the other, as beneficial to the preservation of the becomes the focus of an account referring environment and respectful of explicitly to the motives which link them: 'If environmental values. As Burke points out it's trampled to death we've no attraction any in A Rhetoric of Motives , orators seeking to more'. The discourse in this description has change opinions of an audience must again managed to reconcile the Naturelink identify with some of their opinions and development with a concern for the values. The addressees of the text are clearly environment by suggesting economic those with a concern about 'environmental' motives for environmental concerns. aspects of the development, but with some sympathy for economic development The third extract refers to concern raised arguments. The manner in which the pro- about the Kuranda Skyrail development near Naturelink arguments achieve this Cairns in Far North Queensland. The acts identification can be understood with that form the focus of this argument pertain reference to the central relationships to the change of heart on the part of between 'acts' and 'scenes'. opponents of the Skyrail development and unsourced 'comments' 'that the cable car In extract 1, the central acts involve experience appears to engender greater 'travelling over' and 'enjoying a stop off'. urban empathy with relatively pristine areas The scenes in which these are placed are 'the and to increase their perceived value among vast expanse of the Gold Coast water urban dwellers'. The key aspects of scene are catchment for Hinze Dam' and an described as 'around Cairns' and 'relatively 'environment education centre adjoining pristine areas'. The agents, the 'original World Heritage Listed national park'. The opponents' and the authors of subsequent construction of the scenes in this way 'comments' experience a growing realisation provides for the implication of motives of the merits of the development, found to associated with seeing significant tracts of be a 'major asset'. Environmental merits Gold Coast landscape and facilitating pertain to the greater urban empathy and education about the environment. The agents increase in perceived value of 'relatively in the discourse are 'Naturelink passengers' pristine areas' made possible through the and the agency implicitly is the cableway agency of the cable car experience. The ride. The cableway is thus constructed as extract also suggests a potential to advance facilitating consumption activities associated the cause of preservation of these areas with seeing and learning about the through the electoral influence of 'urban hinterland environment. dwellers'. As a mode of alignment with the audience, this aspect of the argument In Extract 2, we find quite a different suggests that the discourse addresses those configuration of acts scenes and agents, with an interest in advancing the cause of however the description achieves an preservation of 'relatively pristine areas'. The

CONTESTS AND MANAGEMENT ISSUES: 2. Managing Contests – Naturelink Proposal

discourse in this extract is thus similar to project. BOX 4 lists some extracts that that in extract one where the cablecar or produce this understanding. skyrail experience is a consumption activity associated with positive environmental outcomes - in the case of extract 3, BOX 4: Environmental Arguments facilitated through the electoral influence of Against Naturelink urban dwellers. Source: Opponents' websites. A cable car is not the first association that comes The fourth extract provides another example to mind when presented with the idea of of the way in which these pro-Naturelink 'Naturelink': an important natural corridor between arguments which are hearably areas of high conservation value is more likely. This is certainly what should be the case when 'environmental' are based on economic addressing a significant area like Springbrook motives, agents and agency. The extract National Park and its place within the CERRA contains two central acts, which, in their (Central Eastern Rainforest Reserve Australia) differential relationships to the scene, World Heritage Area – not a "nature fun ride", Gold establish two scenarios - one heard as Coast Style (The Wilderness Society) positive and the other as negative. The first The Naturelink Cable Car is a dubious proposal that disregards the important environmental values of act pertains to 'allowing vast numbers of Springbrook National Park and poses a significant people access' and the scene that forms the threat to one of the few protected, natural context of this is 'a near wilderness area'. 'fragments' in the rapidly developing Gold Coast The cableway is constructed as the agent region. (The Wilderness Society) responsible. The second act is characterised Springbrook National Park is one of the last as 'compaction of walking trails, erosion, sections of protected area on the Gold Coast, plant damage, wildlife disturbance and all valued for its high biodiversity as part of the Border Ranges in the World Heritage listed Central Eastern the associated ills' located in a scene Rainforest Reserve (Australia), CERRA… described as 'an area'. On this occasion the Springbrook National Park is particularly vulnerable agents producing these acts are 'large due to its small size and large perimeter, as well as numbers of people' through the agency of its accessibility to large numbers of people, being only a half hour drive from the Gold Coast beaches. 'traipsing through'. Although both scenarios (Opponents web site) constitute kinds of consumption of a 'near Clarence John Melrose Trist, Secretary of the wilderness area', the cableway is constructed Forestry Department 1915-53 fought to establish in this comparison as the agent and agency the Springbrook National Park in the thirties. His oriented to environmental preservation. ideal is quoted on a plaque at Canyon Lookout: To preserve as nearly as possible in their The hearably 'environmental' nature of the primeval condition some fragments of the pro-Naturelink discourse relies on a original Australia, and to keep them characterisation of scenes as 'near wilderness unspoilt and untouched not only for our area', 'near pristine area', 'adjoining world enjoyment but for that of our children and heritage listed national park' and 'Gold Coast their children for all time... water catchment for Hinze Dam'. The nature Big ugly pylons, wires and cable cars stretched in of activities occurring in these contexts is front of and up to Purlingbrook Falls could hardly based on the construction of a relationship leave the view "primeval, untouched or unspoilt". between acts and scenes associated with (John Williamson) consumption and economic and political interests in the preservation of 'an asset'. However, the acts and scenes invoked by These extracts demonstrate the way in which opponents of the development produce an the 'legitimate' definition of a tract of land as extremely different version of 'Springbrook National Park' and associated 'environmental' argument. Their arguments values of the area are invoked to produce the regularly invoke environmental values that understanding that Naturelink intends to construct "Springbrook National Park" as in undermine these values. All of the extracts need of protection from the Naturelink construct the scene as 'Springbrook National

CONTESTS AND MANAGEMENT ISSUES: 2. Managing Contests – Naturelink Proposal

Park'. The significance of this description for characterisation of the possible meanings of the addressees of the discourse becomes 'Naturelink": one which accepts clearer if we examine what might be conservation value as a central criterion, and achieved by the characterisation of the scene one which emphasises a focus on in this way rather than as a 'near wilderness consumption, 'Gold Coast Style'. area'. Extracts 2 and 3 also point to environmental The scene of Springbrook National Park is values, legitimised through the official status characterised in the context of the 'Central of Springbrook National Park, as the key Eastern Rainforest Reserve World Heritage concern. In 2 the agent, the Naturelink Cable Area', 'one of the few protected natural Car, figures in two acts, 'disregarding' and 'fragments' in the rapidly developing Gold 'pos[ing] a significant threat to'. The motive Coast region', 'one of the last sections of importance of these acts is established protected area of the Gold Coast… as part of through the characterisation of the scene as the Border Ranges in the World Heritage 'one of the few protected, natural 'fragments' Listed Central Eastern Rainforest Reserve', in the rapidly developing Gold Coast region'. and 'some fragments of the original In extract 3, Springbrook National Park is Australia'. These descriptions employ terms again constructed as the scene, but then its that point to the area's official environmental features are subsequently constructed as status in the context of Australia and the agents which may facilitate the central act world, and allude to its environmental and associated with the vulnerability of historical importance to the Gold Coast and Springbrook National Park. In the first part Australia. The selection of such terms of the extract, the act and scene work suggests that the discourse is oriented to together to emphasise the appropriateness of addressees who would also attach some protection through appeal to environmental significance to these features of the values ('high biodiversity') and its official landscape. environmental status ('part of the Border Ranges in the World Heritage listed Central The inclusion of such details in scene Eastern Rainforest Reserve (Australia), descriptions provides for a constructed CERRA'). In the second part, this landscape, relationship between act and scene that through a description of properties that points to the inappropriateness of the render it vulnerable, ('its small size and large development. In the first extract this perimeter, as well as its accessibility to large appropriateness becomes part of the explicit numbers of people, being only a half hour focus of the discourse. The term 'Naturelink' drive from the Gold Coast beaches') is is constructed as ironic through the contrast depicted as the object of potential harm via between two possible meanings of the term, the agency of 'large numbers of people', 'an important natural corridor between areas driving from Gold Coast beaches. In their of high conservation value', and a 'nature fun appeal to environmental values and their ride, Gold Coast Style'. These can be seen as construction of the landscape as the object of two different versions of the central act of 'vulnerability' and in need of 'protection' associating a specific kind of referent to the these extracts establish a context in which term 'Naturelink'. Clearly in the selection of motives pertaining to the development of the the scene as 'a significant area like Cablecar are implicitly discredited. Springbrook National Park and its place within the CERRA (Central Eastern The fourth extract appears to vary in some Rainforest Reserve Australia) World ways from the 'anti-Naturelink' discourse in Heritage Area', the motives for the two the previous extracts, focusing on cultural, different understandings can be represented historical and visual aspects of the cablecar as appropriate or inappropriate. The ironic development. However, it is significant that force and implication of motives is thus these perspectives are concerned with the achieved through a necessarily contrasting central act of 'establish[ing] Springbrook

CONTESTS AND MANAGEMENT ISSUES: 2. Managing Contests – Naturelink Proposal

National Park in the thirties'. The motive the environment as an investment or asset is linking the act to its scene is described as a means of prioritising its preservation. In quoted on a plaque at Canyon Lookout. The this respect the 'authority' on which it location of the 'ideal' on a plaque and the implicitly rests pertains to that of economic plaque's appeal to identification with 'the tendencies and values as applied to original Australia', the enjoyment of 'our environmental consumption. However, the children and their children' invest the official discourse displayed in the extracts in BOX 4 National Park status with cultural – as relies on a different claim for its legitimacy. opposed to purely environmental - While ultimately, the proposed cablecar ride significance. This then provides the context will stretch over 11km from Mudgeeraba to for a subsequent depiction of the scene of Springbrook, it is land which has been Purlingbrook Falls when the cableway is defined as a World Heritage Listed National constructed: 'Big ugly pylons, wires and Park which provides a central focus for cable cars stretched in front of and up to debate. Notably, the territorial separation of Purlingbrook Fall'. The representation of this this land from surrounding land is reflective as the antithesis of the ideals of John of the existence of a cultural landscape that Melrose Trist manages an implication of takes this site as its symbolic object and has motives that are unsympathetic to the successfully reproduced the legitimacy of its cultural importance of 'Springbrook National definition over time. For Pierre Bourdieu Park'. (1991:#), any defined territory is merely the dead trace of the act of In these extracts, the repeated reference to authority which consists in circumscribing 'Springbrook National Park' can be the… territory, in imposing the legitimate, interpreted as an appeal to the social known and recognized definition of understanding that a National Park frontiers and territory – in short, the epitomises environmental values. source of legitimate di-vision of the social References to Springbrook National Park's world. place in the CERRA and World Heritage Having been defined as a territory, Listing, infer that the environmental values Springbrook National Park can be that it represents are legitimate on a national discursively treated as separate from the and global scale. To threaten its natural surrounding area. Furthermore, the official character at a local level, is, therefore, to definition of the area provides the landscape threaten the environmental values which are with a degree of 'legitimacy', having been of global significance. It is important to note officially recognised as a national park. This that Gold Coast Development and Gold title not only provides for the separation of Coast Consumption are constructed as this land from surrounding terrain, but also opposed to, or endangering, this natural vests in it the authority of the State. The character. The final extract, while invoking World Heritage listing of the park further cultural identification of the audience, grants it authority on a global scale. In this deploys this in the service of legitimising the respect, much of the discussion on the ongoing protection of the environmental environmental impact of the Naturelink values attached to National Parks. development turns on characterisations of the area in terms of the kind of authority on Ultimately, then, all of these statements rely which the respective positions rest. on the reader's cooperation in accepting that the environmental values of a National Park do not include the presence of a commercial enterprise which involves a built structure. The discourse displayed in extracts in BOX 3 imply that environmental consumption is an important agent in allowing people access to 'near wilderness areas', and that treating

CONTESTS AND MANAGEMENT ISSUES: 2. Managing Contests – Naturelink Proposal

MANAGEMENT DILEMMAS: THE Conservation of Australia's Biological GOVERNANCE OF LANDSCAPES Diversity which specifies the following strategies in the context of tourist 'Sustainability' and the Specifics of development: 'Place' Where tourism is dependent on the natural environment, encourage the development The analysis of the above case study data of management strategies in association illustrates the kinds of differences between with broader land use plans, including discourses that characterise reactions to provisions for: development proposals. Specifically, it • tourism facilities and services to be sheds light on the context in which planning provided in accordance with the principles are applied. The discourses biophysical limits of an area; represented contrasting versions, displaying • the development of criteria and the very different 'vocabularies of motive' conditions under which commercial employed by pro- and anti-Naturelink activities within or adjacent to groups, based on appeals to very different protected areas may be kinds of authority. The analysis clearly appropriate; demonstrated that even when the two • different discourses referred to rehabilitation of existing tourism 'environmental' concerns, they represented sites where appropriate. contrasting positions within this framework. While the pro-Naturelink discourse invoked (National Strategy for the Conservation of acts and scenes associated with Australia's Biological Diversity environmental consumption, the opponents' http://www.erin.gov.au/portfolio/esd/biodiv/ descriptions focused on motives associated strategy/chap2.html#ob_2_6 ) with acts located in the scene of 'Springbrook National Park'. How, then, do These discourses display a marked planners arbitrate on these matters? difference to those discussed in the Naturelink case study. While the pro- and Clearly planners are accountable for anti-Naturelink groups produced contrasting consulting existing policy frameworks such versions based on mutually exclusive as the South East Queensland Regional perspectives, the policy discourses promote Framework for Growth Management 'balancing conservation priorities with (QDEH 1995). Discourse in this and socioeconomic development' and 'the relevant documents informing it refers development of criteria and conditions under frequently to the need to 'balance' various which commercial activities within or priorities. The following excerpt from the adjacent to protected areas may be Queensland Environmental Protection appropriate'. The discussion of the different Agency's State of the Environment report frameworks the two sides constructed for (2000) articulates the needs for such a understanding 'visitor numbers' constituted balance in relation to biodiversity. economic and environmental concerns as mutually exclusive and incommensurate. In Bioregional planning, yet to be fully the discussion of the two discourses on implemented in Queensland and environmental impact, an initial examination dependent on a statewide review of bioregional issues, is a means of might suggest that the pro-Naturelink balancing conservation priorities with discourse asserted development and socioeconomic development. (Queensland consumption in a way which attended to the Government State of the Environment environment as 'an asset', and thus Report 2000 ) constituted a kind of 'balance' between development and conservation interests. The executive summary of this document However, an analysis of the policy language refers to the importance of the Federal reveals that, unlike that employed in the Government's National Strategy for the Naturelink case study, it does not refer to

CONTESTS AND MANAGEMENT ISSUES: 2. Managing Contests – Naturelink Proposal

acts, scenes and agents specific to a place. illustrated the way in which To this extent it does not indicate or characterisations of place and locality are exemplify a means for making judgements themselves important variables in the about what constitutes an 'appropriate' construction of 'environmental consumption' balance in any given context. and 'National Park Protection' as motives competing for legitimacy. The Gold Coast Th environmental consumption motive of regional economy and Springbrook National the pro-Naturelink discourse and the Park were two characterisations of place National Park protection motive of mobilised in support of competing interests. Naturelink opponents were constructed In this context, if the planner's task is to through the relationships between differently apply principles of sustainability to the characterised acts, scenes, agents, and specifics of places, there is a need for purposes specific to the "Gold Coast" or conceptual frameworks that assist in the "Springbrook National Park". On the other determination of the salient features of hand the policy discourse refers implicitly or locales to be considered with respect to explicitly to Queensland or Australia. The development proposals. This may potentially acts and scenes in the policy discourse are assist in arbitration concerning appropriate described indexically as, for example, formulations of places and activities. This 'commercial activities' and 'protected areas' paper turns to a consideration of recent respectively in a way which leaves attempts to work across the borders of ambiguous the nature of commercial disciplines in order to explore opportunities activities and protected areas and thus the for integrating cultural, technological, range of motives which may link them. ecological, development, and governmental These ambiguities could clearly provide for frameworks in order to outline a broader set widely varying and possibly contradictory of options than those that are found in characterisations of act, scene and motive specific development proposals. that could all be argued to be consistent with the policy. In identifying the spaces in which ambiguities might arise within policy BEYOND OPPOSITIONS frameworks, then, it is important to consider Between 'Economy' and some strategies for adjudicating between 'Environment' in Environmental different and competing interests in a way Management which links policy to the economic, It is clear from the above case study that an environmental, cultural and social specifics important consideration in contestation and of places. discussion concerning development is the nature of the landscape itself. In terms of the In a recent assessment of the implications of political context of the Naturelink dispute, implementing principles of sustainability as the locale was referred to in terms of a planning agenda, de Roos is similarly different 'versions' of nature. While concerned to define sustainability in a way Naturelink supporters provided justifications which emphasises its application to local in terms of giving people access to a 'near characteristics: wilderness area', the opponents' accounts of Sustainable Development is a dynamic the development were concerned with the process in which communities anticipate activity of 'protection' of a 'natural fragment' and accommodate the needs of current characterised by 'high biodiversity'. In some and future generations in ways that ways, these discourses resemble historically reproduce and balance local social, competing versions of nature. The pro- economic and ecological systems, and link them to global concerns (de Roos, Naturelink discourse displays features of a 2000: 3). version of 'nature' characterised by Escobar as 'capitalist nature' where the landscape is However, the examination of the discourses objectified as a vista, and constructed as a employed in the Naturelink case study

CONTESTS AND MANAGEMENT ISSUES: 2. Managing Contests – Naturelink Proposal

resource 'for us to use as we wish' (Escobar, in the context of contradictory and 1999). incommensurate discourses. An important first step is to outline a comprehensive set of On the other hand, the opponents' discourse the possible ways in which 'the environment' resembles Williams' description of a and 'economic development' may coalesce in response which depicted 'industry' and the context of a specific landscape. 'nature' as mutually exclusive: Nature in any other sense than that of the In his outline of different versions of nature, improvers indeed fled to the margins: to Escobar outlines two alternatives to the remote, the inaccessible, the relatively 'capitalist nature' entitled 'organic nature' and barren areas. Nature was where industry 'techno nature'. Organic nature refers to the was not, and then in that real but limited way different cultures and their economies sense had very little to say about the have understood and appropriated nature, as operations on nature that were proceeding much as it pertains to specific ecosystems. elsewhere (Williams 1972:159). In Escobar's framework: This response has been developed in recent This conception of the organic enables a times to emphasise an ecological science corresponding partial definition of which portrays nature as largely constraining political ecology for this regime as the - as setting limits to human activity. This study of manifold constructions of nature perspective is seen to characterise the (ensembles of meanings/uses) in contexts discourse of the 'Post Rio' agenda such that of power. Power here needs to be studied not only in terms of social and production in current programmes to promote relations but in relation to local sustainable development, the aim is knowledge, culture, and organic life. It is primarily to identify ways to limit human clear, of course, that the variety of organic activity so that economic and social natures is immense--from humid forests development can proceed within the finite to dry ecosystems, from the green hills of ecological capabilities of the planet peasant farming to the steppe of the (McNaghten et al , 1995). nomads--and has its own set of actors, This comment is in no way intended to practices, meanings, interactions, and imply that there should be no recognition social relations. The study of organic given to ecologically and culturally nature thus goes well beyond the study of significant properties of environments. Its ecosystems with their functions, emphasis is more on the failure of this structures, boundaries, flows, and discourse to inform a focus on 'enabling' feedback loops and with people as simply one more element of "the system" features of nature which, at the same time, (Escobar, 1999). avoid earlier problems associated with a nature separate from social and cultural life In relation to the contestation over the that should be 'improved' and exploited. It is Naturelink development, then, this concept this conceptual gap that arguably makes it could raise issues pertaining to the historical very difficult for those involved in and contemporary 'cultural landscapes' of environmental management to the Gold Coast hinterland region and the 'operationalise' sustainability - to arbitrate broader understanding of the 'Gold Coast'. over appropriate constructions of 'acts' and As outlined in the 'Contested Terrains' 'scenes' and the 'motives' which link them. documents (Armstrong et al , 2000) this involves an examination of the multiple It is crucial that the impact assessment cultures and histories associated with process - the formulation of terms of different aspects of the landscape as well as reference, the selection of appropriate an assessment of the 'readings' of the agencies to conduct them and the integrity of the Gold Coast region as an frameworks employed in the assessments aggregate of three discrete elements: themselves - consciously adopts conceptual mountains, plains and beach. This would be strategies that assist management decisions helpful in informing management processes in relation to this issue because it provides a

CONTESTS AND MANAGEMENT ISSUES: 2. Managing Contests – Naturelink Proposal

means of transcending the requirement in that accompany them, in terms of ecological the pro- and anti-Naturelink discourse of and local cultural values. A combination of choosing between a discourse on the "Gold new media and regulated walking trail Coast" on the one hand, and "Springbrook technologies (which, in the possibilities of National Park" on the other. The treatment virtual experience, lookouts and scenic of 'organic nature' would provide for a walks retain many important experiential systematic and relational assessment of the and scopic values) may well coalesce more Naturelink proposal in the context of the easily with these interests. In this respect, different landscapes which constitute the the hinterland may well attract the same "Gold Coast", their multiple appropriations, level of 'visitor numbers' to benefit the integrity and vulnerability. "Gold Coast Regional Product", without physically concentrating these 'visitor An assessment of the Naturelink proposal numbers' in "Springbrook National Park". would also benefit from Escobar's recommendation that we should consider new and emerging relations between culture CONCLUSION and nature made possible through new This case study was selected not as a technologies, particularly (in the case of the definitive and exhaustive account of a Naturelink proposal) new media. In terms of particular contest, but as illustrative of the the Gold Coat hinterland, and, specifically, issues which confront the everyday practice rainforest and world heritage listed terrains, of management. In this respect it represents it is pertinent to consider the possibilities of an attempt at the conceptual level to situate 'technonature': development issues in the context of the it is important to recognize that institutional realities of growth management. virtuality--like organicity and capitalism – Specifically, the study sought to examine the is an important principle of production of discursive contradictions and ambiguities the social and the biological today associated with the application of policy (Escobar, 1999). values such as 'ecological sustainability' to This makes possible the conceptualisation of the specifics of locales and landscapes. new and alternative forms of development that may not be as visually or ecologically It was found that the political and intrusive in the context of 'Springbrook ideological context of debates over the National Park' but may enable the proposal drew upon contradictory and incorporation of the scenic educative, incommensurate discourses that did not consumption and economic values espoused provide for the 'integration' recommended by the supporters of the cableway. The under the Integrated Planning Act (1997). affordances of new media could certainly The study recommended, as a first step in contribute in large part to the consumption the management of these conditions, that of knowledge, experiential and scenic decisions should be informed by a aspects of the landscape. comprehensive set of alternative conceptualisations of the possibilities of Finally, in relation to Escobar's notion of development in the region that take account organic and techno natures, he points to the of development, ecological, cultural potential of a combination of these two landscapes and technological possibilities. perspectives that may work to provide more options for local inhabitants and cultures It is recommended that the next step in this such as, in the case of the Naturelink process should involve a detailed development, groups based on 'indigenous', examination of the Environmental Impact 'ethnic' and 'local resident' identities. It Statement Terms of Reference and the seems that 'visitor numbers' are already a Environmental Impact Assessment itself in sufficient challenge to the existing road and order to further explore these possibilities. walking track technologies and the facilities This study should also take account of the

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different versions of 'community' in these REFERENCES discourses and pay greater attention to the way these discourses attend to the culturally Armstrong et al (1999) 'Discussion Paper 3: The Case diverse meanings of the landscape. Studies' Unpublished Report for Investigating Queensland Cultural Landscapes: Contested Terrains, QUT.

Billig, M. (1987) Arguing and Thinking: A Rhetorical Approach to Social Psychology Cambridge: Cambridge University Press; Bourdieu, P. (1991) Language and Symbolic Power Cambridge: Polity Press; Burke, K. (1969) A Grammar of Motives Berkeley: University of California Press; Burke, K. (1992) 'Dramatism' In: James Golden, Goodwin Berquist, & William Coleman (Eds.), (1992) The Rhetoric of Western Thought, 5th Ed ., Iowa: Kendall/Hunt Publishing Company, (pp. 235-244) Escobar, A. (1999) 'After Nature' Current Anthropology 40 (1) p1 Farina, A. (2000) 'The Cultural Landscape as a Model for the Integration of Ecology and Economics' Bioscience 50 (4) pp. 313-320; Hamel, Jacques with Stephane Dufour and Dominic Fortin (1993) Case Study Methods Newbury Park: Sage. Integrated Planning Act (1997). Lane, M. (1999) 'Regional Forest Agreements: Resolving Resource Conflicts or Managing Resource Politics?' Australian Geographical Studies 37 (2) p142 National Strategy for the Conservation of Australia's Biological Diversity; McNaghten et al (1995) 'Towards a Sociology of Nature' Sociology, 29 (2) p203 Queensland Department of Housing, Local Government and Planning (1995), Regional Framework for Growth Management for South East Queensland . Brisbane: QDEHLGP. Queensland Environmental Protection Agency (2000), Queensland Government State of the Environment Report 2000 , http://www.env.qld.gov.au/cgi-bin/w3- msql/environment/science/environment/msqlw elcome.html?page=kich.html Williams, R. (1972) `Ideas of Nature', in J. Renthall (ed.) Ecology, the Shaping of Enquiry London: Longman. WEBSITES: Naturelink: http://www.naturelink.com.au/ Wilderness Society: http://www.wilderness.org.au/

3 LEGISLATIVE FRAMEWORK AND MANAGEMENT

by Tracey Avery

This chapter is the report that resulted from a sub-component of the Contested Terrains project. A distinct research project was commissioned (from consultant Tracey Avery) by the Operations Team for the project Investigating Queensland's Cultural Landscapes: Contested Terrains . It was carried out under the direction of Ray Osborne of the Cultural Heritage Branch of the Queensland Environmental Protection Agency, with additional support from Jan Seto. Their assistance and advice is gratefully acknowledged. Thanks also to Judy Powell and Jo Bain of the EPA, the participants of the Contested Terrains Workshop and Richard Wheeler, Regional Land Agent for the National Trust (UK) in the Thames and Chilterns Region.

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adopted by the Contested Terrains project, viz.: INTRODUCTION The cultural landscape is the constantly The aim of this chapter is evolving, humanized, landscape. It • consists of a dialectic between the natural to provide an understanding of the physical setting, the human modifications relevant International, National and State to that setting, and the meanings of the legislative framework influencing the resulting landscape to insiders and management of land in Australia, with outsiders. Continuous interaction between particular reference to Queensland; and these three elements takes place over • to explore existing and potential time. The concept of cultural landscape management techniques which offer the therefore embodies a dynamic opportunity to address the issue of understanding of history, in which the past, present and future are seamlessly managing cultural landscapes. connected. (O'Hare, 1997, cited in Scope of Chapter "Contested Terrains Discussion Paper", August 1998) There are four aspects to this chapter: And: • A brief summary and explanation of the relevant International, National and State Cultural landscapes can be represented as legislative and policy documents, that stories, myths and beliefs, which may be applied to wilderness landscapes, ordinary have a direct impact on land use landscapes or designed landscapes. management and thus landscapes in (Armstrong, 1998, cited in "Contested Australia; and Terrains Discussion Paper", August 1998) • A critical review of existing land

management plans, policies and For the purposes of applying these concepts practices within Australia, to establish if to the existing legislative framework and these have any relevance to, or provide management, it is assumed that cultural sites potential mechanisms for, cultural and places can be a subset of cultural landscape management; and • landscapes. A critical review of relevant land management plans, policies and Cultural landscape terminology differs, practices from around the world, but widely in some cases, around the world. particularly, the US, Canada and the Varying use has been highlighted, where UK, to establish if any of these have any appropriate. relevance to, or provide potential mechanisms for, cultural landscape management; and • Conclusions and any recommendations Methods LEGISLATIVE Acknowledging that the scope for research FRAMEWORK FOR is enormous, and given the time frame of LAND USE April and May 1999, reviews are drawn MANAGEMENT from secondary source material and internet searches and backed up with specific examples to illustrate key points. The International Conventions document refers the reader to comprehensive and the Environment reviews of particular topics and provides markers for further research. International concerns about the long-term sustainability of natural and cultural For the purposes of this research the resources have resulted in a number of definition of 'cultural landscapes' is that conventions to which Australia is a

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signatory. Sustainability demands a holistic IUCN ZAIRE RESOLUTION ON THE approach to the care of natural, economic PROTECTION OF TRADITIONAL WAYS OF LIFE and social (including cultural resources). 1975 The 'environment' embraces all of these As an IUCN member state, Australia signed interacting factors. Therefore land use up to: management and the potential for cultural • Devise means to enable indigenous landscape management fall within people's lands to be brought into international efforts to work towards a conservation areas without the loss of global sustainable environment. use and tenure rights ; The International Conventions most relevant • Recognize the rights of people to live on to land use management and cultural traditional lands; landscapes are: • Establish protected areas in consultation with traditional owners, and no 1992 RIO EARTH SUMMIT indigenous people should be displaced The Earth Summit or United Nations by the creation of a protected area. Conference on Environment and Development (UNCED) produced a number It is essential to have an integrated approach of outcomes: to consideration of cultural landscapes in • Rio Declaration on Environment and Australia, especially as indigenous people Development have a holistic view of nature and culture. • Agenda 21 – social, economic and environmentally sustainable development – conservation National Strategies to Implement • United Nations Framework Convention Conventions on Climate Change Most of Australia's national strategies are • The Convention on Biodiversity based on one of two approaches: • Statement of Principles on Forests • identifying and delineating exemplars, (which led to the Montreal Agreement, leading to the creation of protected encompassing the principles of areas, which in turn envisage more Sustainable Forest Management (SFM) rigorous protection of identified values than applied across the country as a A further international 'Statement of whole, and; Commitment' was signed on 19 September • strategies to implement broad 1997. The resolution adopted by the UN environmental policies to a base-line General Assembly under the Programme for standard which the signatories are the further implementation of Agenda 21, expected to achieve across the country restated the conviction that the achievement as a whole. of sustainable development requires the The main strategies are: integration of its economic, environmental • National Strategy for Ecologically and social components. Sustainable Development • National Greenhouse Response Strategy The Convention Concerning the Protection of • National Forest Policy Statement World Cultural and Natural Heritage (World • Heritage Convention) 1972 National Strategy for the Conservation Under Article 4 of the WHC, each state has of Australia's Biological Diversity a commitment to the identification, • National Strategy for the Conservation protection, conservation, presentation and of Australian Species and Ecological transmission to future generations of the Communities Threatened with country's natural and cultural heritage. These Extinction objectives are realized through the • National Water Quality Management establishment of World Heritage Areas. Strategy

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• National Strategy for Rangeland • Laws to define and guard the principles Management and goals of the strategies.

The awaited strategies include: INTER-GOVERNMENTAL • National Heritage Places Strategy AGREEMENTS Policies for the role of governments in National strategies envisage complementary implementing environmental objectives are legislation at State and Federal levels. What defined by the following: has been/is being done to achieve this aim and what issues would influence the 1992 INTER -GOVERNMENTAL AGREEMENT ON successful management of cultural THE ENVIRONMENT (IGAE) landscapes? This agreement defines the roles of respective governments, endorses ESD, Legislative Mechanisms between provides a mechanism to determine Commonwealth and State respective management interests. Six of its nine schedules impinge on land For a recent, thorough overview of the management: legislative framework relevant to cultural • landscapes, see Lennon and Associates, Resource assessment, land use decisions 1998. In order to avoid duplication and to and approval processes (schedule 2) • begin to answer the question, 'Can cultural Environmental Impact Assessment landscapes be conserved?', present research (schedule 3) • concentrated on setting out the main links Conservation of Biological Diversity between strategies, legislation, policies and (schedule 6) management practices. These links should • National Estate (schedule 7) indicate how and whether national • World Heritage Nomination and objectives can be delivered on the ground Management (schedule 8) and how these would be kept in check. • Nature Conservation, and Conservation of Threatened Species (schedule 9) By its own admission, the present government acknowledges that 1997 AGREEMENT ON COMMONWEALTH / environmental law in Australia has not kept STATE ROLES AND RESPONSIBILITIES FOR THE pace with the growing number of issues ENVIRONMENT (' THE COAG AGREEMENT ') raised by international conventions. This agreement determined that the (Commonwealth Dept of Environment, Commonwealth's role should be to 1998). The Reform of Commonwealth concentrate their efforts on matters of Environment Legislation: Consultation national, and not State or local significance. paper (ibid., 1998) goes further to say that This is consistent with the IGAE, whose Australia, therefore, cannot adequately principles will be fully implemented under discharge its environmental responsibilities the COAG Agreement. as existing Commonwealth law fails to recognize and effect the implementation of The COAG reforms, through the proposed Ecologically Sustainable Development Acts, plan to implement a number of (ESD). Only the recent Natural Heritage elements which would be critical to land use Trust of Australia Act 1997 aims to integrate and landscape management. The following environmental, social and economic goals in headings have been taken from the the development process. Consultation Paper (Commonwealth DoE, 1998, pp.3-4): • There are two important mechanisms at Accreditation of State process and work: agreed management plans, plus • Inter-governmental agreements on the legislation for State accreditation of process for implementation of strategies Commonwealth processes.

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Under the COAG Agreement, Regional ENVIRONMENT PROTECTION ACT Forest Agreements (RFAs) will not be This is proposed to replace the affected by reforms to Commonwealth Environmental Protection (Impact of environmental law and proposals or Proposals) Act 1974 (EPIP Act). Although activities covered by RFA will not trigger the National Strategy for ESD was endorsed the proposed Environment Protection Act . in the 1992 IGAE, the existing EPIP Act The intention is to progress separate doesn't contain Environmental Impact legislation to give effect to RFAs. Assessment (EIA) and approval processes that conform to contemporary international • Rationalisation of arrangements for standards or could hope to achieve ESD. heritage protection through the National Heritage Places Strategy , laying down BIODIVERSITY CONSERVATION ACT the respective roles for the identification, This would replace several Acts including protection and management of significant the National Parks and Wildlife heritage places. A list of places of Conservation Act 1975 and importantly the national heritage significance will be World Heritage Properties Conservation Act established. 1983. The Act would provide legislation to support the National Strategy for the Conservation of Australia's Biological • Increased compliance with State Diversity and complement the Natural environment and planning legislation. Heritage Trust, which acts to conserve • Triggering of Commonwealth biodiversity. ESD is reliant on maintenance assessment and approval processes will of biodiversity. The Act would also come into play only in cases of recognize the importance of community significant impact on predefined participation in management plans and areas/places of, one assumes, pre- recovery plans. determined national environmental significance. However, a bilateral Any World Heritage property that might be agreement for a management plan could defined solely on the basis of cultural values mean that activities agreed within the would be protected under the Biodiversity plan would not trigger the provisions of Conservation Act until the introduction of either of the proposed Acts. Triggerng new heritage legislation, i.e., based on the activities or sites include: formation of the awaited National Heritage • World Heritage properties Places Strategy . • Ramsar sites of international significance • Heritage places of national significance NATIONAL HERITAGE PLACES STRATEGY • Nationally endangered or vulnerable After the finalisation of a National Heritage species and endangered ecological Places Strategy , the Commonwealth will communities progress a legislative reform of the • Migratory species and cetaceans Australian Heritage Commission Act 1975 . • Nuclear activities Protection of heritage is seen as an integral • Management and protection of the marine part of protection of the environment, so the and coastal environment three Acts would be complementary. Again, the Commonwealth would be responsible for COMMONWEALTH heritage places of national significance. Any threat to these places could trigger ENVIRONMENT LEGISLATION Commonwealth involvement, but this would As described in the Consultation Paper be avoided by enacting bilateral agreements (Commonwealth DoE, 1998), two new with accredited management plans. A State's Commonwealth Acts have been devised to entire heritage framework would also be cover environmental principles: accredited. Assessments, approvals and

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accreditation would be covered under the architectural, historical, scientific, proposed Environmental Protection Act. social or technological significance, to the present generation or past or future generations); Environment and Land Use (d) resources or areas of economic value… (such as …good quality Legislation in Queensland agricultural land) Legislation in Queensland has moved So how will State interests, other than towards the integrated approach to the specific legislation for protected areas, be environment, as envisaged by international applied at the local level? One example is conventions and national strategies. The the Department of Natural Resource's main overarching State legislation, which (DNR) interest in the 'valuable feature' of impacts on land use, and potentially cultural 'good quality agricultural land'. State landscapes, is summarized below. For a Planning Policy (SPP) 1/92 provides detailed examination of State legislation see guidance on Development and the Lennon and Associates (1998). Conservation of Agricultural Land , i.e., protecting this 'finite' resource from INTEGRATED PLANNING ACT 1997 (IPA) alienation or diminished productivity. The The object of the IPA is to integrate all by-product of this policy could be the administrative levels of planning in the State protection of pastoral and agricultural to achieve ecologically sustainable landscapes, at least as an identifiable mosaic development. The Planning Scheme should in relation to towns and other infrastructure. be strategic and incorporate appropriate The DNR guidance notes on SPP 1/92 local area planning to create a framework for (August 1997) also give guidance on the future land use and development. All local resolution of conflicting usage. governments will need to produce a Planning Scheme within five years. The Under the IPA the cultural dimension of schemes must incorporate State and regional "ecological sustainability" is explained in 'core matters' (including land use planning section 1.3.3.: policies, infrastructure and 'valuable features') with the interests of local the cultural, economic, physical and communities. All interested parties will have social well being of people and communities is maintained if- two opportunities to comment on the proposed schemes. well-serviced communities with affordable, efficient, safe and sustainable development are created and maintained; An Integrated Development Assessment and System (IDAS) provides for the referral of particular types of development to areas and places of special aesthetic, concurrence agencies that will have power architectural, cultural, historic, scientific, social or spiritual significance are to determine the application. conserved or enhanced; and

Valuable features relating to cultural integrated networks of pleasant and safe public areas for aesthetic enjoyment and landscapes include, from Schedule 1.3, cultural, recreational or social interaction (a) resources or areas that are of are provided. ecological significance…; In summary the IPA would seem to provide (b) areas contributing significantly to amenity (such as areas of high scenic for the recognition and protection of cultural value, physical features that form landscapes, as long as they can be identified significant visual backdrops or that and incorporated into the Planning Schemes. frame or define places or localities, and attractive built environments); NATURE CONSERVATION ACT 1992 (c) areas or places of indigenous cultural This Act covers the designation and significance, or aesthetic, management of 11 types of protected areas,

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most of which are National Parks. Both or are affected by, things natural and cultural resources are expected mentioned in paragraphs (a) to to be researched, managed sustainably, and (c). it endorses the cooperative involvement of all interested communities and landholders. Measures to protection the environment The web pages on Protected Area Systems come back to the definition of on the web-site of the Queensland 'environmental harm. Under Section 17: government, specifically mention 'culturally "serious environmental harm" is important landscapes'. environmental harm (other than environmental nuisance)— The Act also calls for the implementation of (a) that causes actual or potential harm to a statewide conservation strategy, covering environmental values that is all tenures, to protect the State's flora and irreversible, of a high impact or fauna, biodiversity, natural and cultural widespread; or features and wilderness. This would yield (b) …values of an area of high data on a range of 'landscapes of nature'. conservation value or special significance; … There is provision for conservation agreements between interested parties, which acknowledges that protection can will LAND ACT 1994 be enhanced by some flexibility in 'off- This Act covers the administration of Crown reserve' arrangements. and leasehold land. Provisions mostly cover the management of natural resources, but ENVIRONMENTAL PROTECTION ACT 1994 one of its objects includes the protection of The object of this Act is ecologically environmentally and culturally valuable and sustainable development, which implies a sensitive areas and features. The Act allows duty of environmental care and covers all for easements and covenants. For land tenures. The object is to be a achieved unallocated State Land, agreements can be through an integrated management program made under the headings: which researches the state of the • reserves; environment, decides on values to be • deeds of grant in trust protected (through consultation), develops - for community purposes policies, integrates policies into land use - for amalgamating land with common planning, and reviews, evaluates and reports purposes; and on the results. • Of key relevance to cultural landscapes is deeds of grant in trust for Aboriginal the definition of the environment. Part 3.2.1, and Torres Strait Islander peoples. section 8: The Act provides for their proper management and ensures that the "Environment" includes— community purpose is not diminished by (a) ecosystems and their constituent granting inappropriate interests over part, including people and reserves or land granted in trust. Model by- communities; and laws can be made for the protection and use (b) all natural and physical of trust land, including buildings on trust resources; and land. Trustees may lease part of the land, but (c) the qualities and characteristics of locations, places and areas, the Minister's approval may include however large or small, that conditions. contribute to their biological diversity and integrity, intrinsic It would appear that land for the or attributed scientific value or community purpose of protecting a interest, amenity, harmony and cultural landscape could be achieved sense of community; and under this Act, but this would require (d) the social, economic aesthetic further investigation. and cultural conditions that affect

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PROPOSED NATURAL RESOURCE conservation and prevention of total loss is MANAGEMENT LEGISLATION paramount.

This would collapse several Acts related to NATIVE TITLE (Q UEENSLAND ) ACT 1993 the management of specific natural This Act is likely to have importance for the resources and allow for the implementation protection and maintenance of indigenous of the policies and principles of the IGAE cultural landscapes, which are not just and the National Strategy for Ecologically concerned with archaeology, but with the Sustainable Development. Cultural use of continuation of living cultures. natural resources will be recognised. Again, public participation in planning is envisaged, as is the need for clear management objectives that consider multiple use. MANAGEMENT

Cultural heritage is covered specifically by PLANS, POLICIES AND two Acts: PROGRAMS QUEENSLAND HERITAGE ACT 1992 This Act provides for the protection of registered places of cultural significance, Management Plans specifically non-indigenous cultural heritage. Unlike the Australian Heritage Cultural landscape values in protected Commission Act 1975 , the Queensland Act area management plans doesn't cover indigenous cultural heritage. A number of Australian management plans This Act appears out of sync with the were examined to determine whether dominant integrated approach to cultural and cultural landscape values were included and natural resource management. how their management was to be undertaken. Plans chosen focused on those The onus is on the Queensland Heritage within the case study areas for the Contested Council to establish a register of places. So Terrains project. These were compared to a far, there has not been a systematic approach selection of plans for management of to identifying important cultural heritage. multiple values in broad geographical areas The lack of baseline data has implications drawn from other Australian States, plus a for the State's ability to protect cultural relevant overseas example; the latter being landscapes. Also, this legislation may need the Lake District National Park in England to be adjusted to receive future (see Section 4.2). Commonwealth accreditation following the eventual adoption of a National Heritage Existing protected areas incorporating Places Strategy. cultural landscapes are mostly managed by CULTURAL RECORDS (L ANDSCAPES government agencies, i.e., single agencies QUEENSLAND AND QUEENSLAND ESTATES ) with a particular core interest, e.g., forests, ACT 1987 water, agencies for World Heritage Areas The Queensland Cultural Record Act (1987) (WHA), and more recently authorities with specifically allows for the designation of representatives from Commonwealth and cultural landscapes, although this concept State agencies. The management of multiple has generally been applied to indigenous sites as a network across the landscape has landscapes. Government has accepted that not received as much attention, apart from indigenous people see the cultural and the Central Victorian Goldfields (Lennon, natural landscapes as indivisible. The act 1997). The latter report shows that broad could be applied to non-indigenous areas can partly be managed by local landscapes and would seem to be planning in terms of introducing design appropriate to landscapes with industrial guidelines for new development and remains, i.e., where the need for 'character enhancement'.

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joint management by the Commonwealth Consideration of cultural landscape and the State. management in Queensland is a relatively recent inclusion. The 1988 Scenic Rim The Draft Wet Tropics Plan of 1995 (Wet Region: Strategic Management Plan Tropics Management Authority [WTMA], "values" are either habitat (vegetation and 1995) refers to the protection and fauna) or recreation (QDEH 1988). Nor was rehabilitation of scenic values. The area was cultural heritage of any description referred listed for natural values so will any to for surveying. However, by 1994, in undiscovered cultural elements be Parks of the Scenic Rim: Draft Management protected? The draft plan indicates potential Framework (QDEH, 1994), sections on for conflict, viz.: " the impacts of mining, cultural resources, landscape and World quarrying, fossicking, grazing, beekeeping Heritage values had been included. The and farming activities will be reduced where basic need for identification of possible sites opportunities arise" (WTMA, 1995, p.10). was noted, but not followed up in proposed actions; all 'recorded' cultural sites would be While the above activities may no longer be assessed and authenticated. compatible with maintaining the region's natural values, the impacts of these The Palmer River Goldfields Resources activities, in the form of archaeological Reserve, jointly managed by the Dept of evidence of human activity, should be Mines and Energy and the EPA, operates assessed before landscape changes are made. with guidelines for the protection of historic So, objectives, like that above, should be features associated with the mining history qualified in the plan. of the area (N. Horsfall, pers. comm., 1999). Competing issues, such as mining and Within the WHA there are to be numerous tourism, have been identified and prioritised. area-specific management plans. Cultural Any applications for mining leases need to heritage is treated as a separate issue. be accompanied by a cultural heritage Regional indicators to report on the assessment. There is an intention to develop condition of the area will include "the a management plan for the wider cultural number, location, condition and significance landscape when resources become available of known cultural heritage sites". Again this (N. Horsfall, pers. comm., 1999). is known sites. Visual impact assessments and building design guidelines are intended The following management plans illustrate to minimise impacts on scenic values. that there is great variation in understanding of what constitutes cultural resources and Cultural resources will be managed through cultural landscapes. Consequently, there is a site-protection cultural heritage strategy some inconsistency between stated for the "identification, management and objectives and proposed actions. The plans protection of cultural sites and landscapes" discussed here include the following areas: (WTMA, 1995, p.82). The WTMA look to The Wet Tropics; Fraser Island and Great the Environmental Protection Agency to Sandy Region; Uluru Kata Tjuta; areas provide a strategy, and this is still the case in around Mornington Peninsula, Victoria. the 1997 plan. The broad emphasis is on Aboriginal cultural heritage, but mention is made of 'settlement site, mining and logging The Wet Tropics camps and tracks" (WTMA, 1995, p.82). The Wet Tropics World Heritage Area (part The Authority will 'support new and existing of a case study area for Contested Terrains ) cultural site recording and assessment" is of particular relevance to this study as the (WTMA, 1995, p.83). At this point in the management objectives must meet an plan, it is noted that rehabilitation shouldn't international standard of criteria through adversely affect natural or cultural features, but without an assessment of cultural

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features, it would seem premature to talk of Uluru Kata Tjuta rehabilitation. Uluru Kata Tjuta is a WHA listed for its natural and cultural values, as well as being The WTMA intend to use GIS in planning a National Park and a Biosphere Reserve. In and management, but it isn't clear whether 1985 it was leased for 99 years, by the cultural features would be added to the map base. traditional owners, back to the National Parks and Wildlife Service.

Fraser Island and the Great Sandy The management plan (1991) has sections Region on cultural values on religion, ecology, social behaviour, and laws. It discusses Management of the World Heritage Area of mapping the landscape. It also notes that Fraser Island is undertaken by the areas in the National Park contribute Queensland Government through the Great meanings to locations outside the Park and Sandy Region Management Plan (1994) and vice versa. through the provisions of the Nature

Conservation Act 1994 and the Recreation The plan has clear tasks for on-going Areas Management Act 1988 (World information gathering, specifically, research, Conservation Monitoring Centre, 1999). oral histories, archaeology and rock art surveys. The Plan treats landscape and cultural heritage separately. By 2010 it aims to have Human resources are also managed in line all developed/disturbed areas visually with overall objectives, e.g., indigenous staff integrated with the surrounding natural have flexible working arrangements to landscape, subject to the protection of enable them to continue with traditional significant cultural and other values. To ceremonies, etc. It is stated that visitor achieve this, existing scenic values will be access may need to be restricted when evaluated and mapped. ceremonies are occurring. This demonstrates

that the management of several potentially Most consideration of cultural resources conflicting objectives – the continuation of goes towards indigenous sites, in terms of cultural social practices, staff resources and creating an inventory, researching traditional visitor access – has at least been addressed. resource use and mapping sites onto GIS but these good intentions are soured by a lack of This is the one plan I looked at which was commitment to direct community transparent about the implementation of involvement which is implied in the objectives, by giving types of activities, who statement: would undertake them and some indication A series of information programs to of the economic resources required to inform local Aboriginal people about the achieve them. The overall budget was stated. nature of archaeological research and cultural resource management in the DERGHOLM STATE PARK AND MT ARAPILES - Great Sandy Region will be developed TOOAN STATE PARK (T OOAN BLOCK ) and initiated. (p.64) and Heritage conservation plans will be MORNINGTON PENINSULA NATIONAL PARK prepared. AND ARTHURS SEAT NATIONAL PARK These draft management plans of February As this is a case study area it would be 1998, and November 1996, respectively highly desirable to follow up any (Parks Victoria, 1998 and Victorian National implementation of the landscape and cultural Parks Service, 1996), both had separate resource objectives. sections on 'landscape' and 'cultural heritage'. In Mornington Peninsula National Park, landscapes are to be protected in terms

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of landscape values – these are inferred to be Those that do gather more data, do gain a topography and vegetation – in areas of better understanding of their places and are, scenic quality and viewer interest. The therefore, better able to manage them. These Dergholm State Park has the same aim. Both steps are embodied in the Burra Charter, imply that landscape has value only from a after all. fixed visitor viewpoint. Management of World Under cultural heritage, Dergholm SP aims Heritage Areas – Current Issues to "conserve significant features and An excellent review of WHA management landscapes of historical and cultural is contained in the House of Representatives significance" (Parks Victoria, 1998, p.13). Standing Committee on Environment, Though lack of data is admitted, the only Recreation and the Arts document, strategy to address this is to 'encourage' an Managing Australia's World Heritage archaeological survey. (1996). A number of key points are relevant to the potential management of cultural The Mornington plan is better on cultural landscapes: heritage as they have the results of a • 'values ' must be a starting point for a comprehensive archaeological survey. They management plan; draw in the competing activities of visitor • as knowledge increases, values must impacts on sites, natural processes that may continue to be redefined and damage sites, adjacent urbanisation and management practices adjusted revegetation. Strategies address competing accordingly; interests, including: • if values have been well defined it is • consultation to develop conservation possible to assess their intactness over and interpretation plans; time; • research historic places to determine • 'threats ' need to be understood and significance and priorities for managed – controls over areas should be conservation and interpretation, and guided by holistic approaches, • monitor and record condition and on- sustainability and the precautionary going management regimes. principle; • monitoring and reporting is essential - CAPRICORN CAYS NATIONAL PARK AND reports to the World Heritage CAPRICORN CAYS NATIONAL PARK Committee have not been based on (S CIENTIFIC ) systematic monitoring and had few if The Capricorn Cays plan (QNPWS, April, any measurable performance indicators 1999) contains a heading entitled 'Cultural and were, therefore "…of relatively values' (p.6), but the text is actually a brief little value in demonstrating the history and values are not stated. Landscapes extent to which Australia meets its are seen as visual and cultural heritage international obligation for management will depend on the monitoring ." (p.113); development of 'cultural resource • conservation plans' (p.11). Detailed impacts outside the WHA must be guidelines are given for the management of accounted for under integrated planning • tourist activities in order to protect natural plans must be reviewed every 5 years values.

In summary, it is hard to see how many Policies for Cultural Landscape plans can hope to assess significance and Management in Australia prioritise conservation and be adhering to Cultural landscapes have yet to be singled the principles of the Burra Charter out for specific policy in Australia. Australia (Australia ICOMOS, 1999) if they do not ICOMOS has recently produced its own commit to initial researching and surveying. Cultural Heritage Places Policy (Australia

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ICOMOS, 1998), which is intended for a range of conservation programmes and integration into cultural and environmental grants (see Environment Australia, c.1998). management policies for any groups. This The NHT funds the National Landcare policy is also put forward for helping the Program and resources for Advanced Commonwealth to define a National Property Management Planning and is about Conservation Strategy for Cultural to review a range of other programs Heritage . The policy could be applied to including Bushcare, Cape York Natural broader cultural landscapes. Heritage Trust Plan, Tasmanian Regional Forest Agreement, and the World Heritage The Australia ICOMOS policy notes the Area Management and Upkeep Program value of comprehensive surveys but could (The NHT website, May 1999). be more explicit in its suggestions for implementation. Landcare Landcare aims to address issues of land The Australian Conservation Foundation degradation and sustainable land use through (1998) has produced a draft policy for the education of community members. Wilderness and Indigenous Cultural Funding is available for initiatives such as Landscapes in Australia , which aims to revegetation. As there are over 1000 groups manage biodiversity and natural and across Australia, Landcare may be a vehicle indigenous cultural values, by creating for the protection of cultural landscapes. Wilderness Reserves. These reserves would Revegetation schemes can be counter be managed to exclude and remove productive to cultural values if, for example, incompatible features of industrialisation, so exotic trees in remnant designed landscapes that indigenous people would manage the are removed to enable wholesale replanting land in traditional ways only. The use of the with native vegetation. term wilderness has implications for the whole Contested Terrains project, as does Reviews of Landcare in recent literature the notion of returning areas to a prior state highlight the following points critical to the and removing invalid or unwanted cultural program's ability to assist biodiversity (see landscape features. Standing Committee on Agriculture and Resource Management, 1997). These are pertinent to cultural landscapes. Broad-based Programs which • Landcare groups embark on some Impact on Cultural Landscapes projects without scientific and cultural There are a plethora of programs, which aim heritage input; to make broad changes in the landscape, • Landcare members adopted best many through rehabilitation of the natural practices and these had begun to filter out environment. For expediency, it was decided to the wider community; to review those programs which are • there is a need to focus on economic repeatedly cited in other Australian instruments to encourage sustainable documents concerned with biodiversity and natural resource management; sustainability, i.e., those where an integrated • stronger links are needed between key approach is required, and where community agencies on the ground; and land-owner involvement is essential. • specific performance indicators and The programs are underlined by the milestones are needed; principle of collaborative management and • Landcare awareness should be extended foster the notion of stewardship. to under-represented groups, i.e., urban, indigenous and migrant Australians; The National Strategy for the Conservation • many Landcare groups have matured of Australia's Biological Diversity is being and now want to be involved in the implemented through the Natural Heritage implementation of resource management Trust (NHT), which is the funding body for plans; and,

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• Landcare philosophy should actively the landscape in the Murray-Darling Basin adopt the National Strategy for and communicating to all Australians the Ecologically Sustainable Development. importance of sustainable resource use (Eastburn and Milligan, 1998). It was to Integrated Catchment Management become part of a long-term strategy but Integrated Catchment Management (ICM) unfortunately the project was abandoned. and Total Catchment Management (TCM) are community-based programs for the The proceedings contain a wealth of ways in sustainable management of water resources. which Australia can be read and understood. The catchment areas may be significant It also shows that we need to understand our cultural landscapes in their own right. It is collective history, good and bad, in order to important that such groups and Landcare are understand its significance to us. There is a working with other regional development danger of applying a Euro-centric view initiatives to ensure ESD. when looking at the landscape.

ICM groups are considering cultural It is imperative that these topics are re- resources, as evidenced by the recent 1998 addressed so that all Australians can be Waterways Management Plan (Brisbane made conscious of evolution of the River Management Group, 1998), where landscape (both natural and cultural) and be there is provision for the creation of a active in deciding its future. database for waterways heritage. There is some vagueness about performance measures in relation to objectives and Incentives for Environmental desired outcomes. Management Property Management Planning In a comprehensive review of incentives for environmental management in Australia, The Property Management Planning (PPM) concerned mainly with deterring Campaign was designed to introduce non- environmental harm (James, 1997), there are Landcare farmers to sustainable practices. a number of economic instruments which As with Landcare, changes in farming might be applied to cultural landscape practices will change existing cultural protection. landscapes so thought should be given to the how cultural values might be protected. User pays This is generally applied to natural areas/ Background reports for Australia's Oceans reserves/national parks, whereby visitors pay Policy (Claridge and Claridge, C., 1997), fees for permits to undertake certain identified PPM as a form of collaborative activities. Could be applied to cultural management which is a 'whole systems landscapes in protected areas. process', controlled more at the local level, involving producers and linked to catchment Direct government support management. It has had mixed success, This comes in the form of subsidies or being dependant upon who is on the Steering capital grants for conservation. Direct grants Committees, but in successful cases are made to non-governmental conservation producers have been informed as to why organisations such as the National Trusts of changes in management are needed and the Australia. consequent benefits. These producers have also been given follow-up support. Removal of perverse incentives Reading the Land Refers to tax deductions for actions that are counter to certain environmental strategies, Reading the Land was not a national e.g., on-farm land-clearing costs are tax- scheme, but began as a very forward deductible. thinking approach to educating people about

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Private investment in conservation This topic was briefly touched on in the Some councils in New South Wales operate report (James, 1997), but there is wider catchment levies . application for private investment, as evidenced in the United States (see Section In terms of effectiveness of these economic 4.2.2). Private investment was also taken to instruments in achieving environmental include conservation groups or similar objectives, the most successful, according to organisations banding together to raise funds James (1997), specify quality and quantity for purchase of sites with high conservation constraints or standards. For the present value. This is not common in Australia but study it would be desirable to use a case very common in Britain and the United study area or part thereof (like Cooloola) to States. determine the effects of existing and potential instruments. Indirect taxes and charges These can be successful if the revenue is earmarked for active conservation work. Tax relief Tax deductions are available for fencing to RELEVANT OVERSEAS encourage revegetation and land restoration. MANAGEMENT James (1997) advocates the extension of this principle to other forms of conservation. Of PLANS, POLICIES AND serious concern is the recent removal of the PROGRAMS 20% rebate for conservation work to listed buildings. The United Kingdom A number of rate relief schemes, and The management of cultural landscapes in environmental levies are operating in the UK has been practised for longer than Queensland shire councils: the intellectual concepts of 'cultural • Cooloola S. C. has rate relief, an landscapes' have been articulated. It is environmental levy ($10/year), important to understand what has been environmental awards, co-funding achieved in the British context, because it is arrangements, a design bonus and a so different from Australia, leaving aside the community-based conservation strategy. obvious differences in size and population The design bonus refers to retention of density. significant bushland in open spaces as part of development proposals. Cooloola Until the 20 th century, the population was S.C. and Landcare are co-funding the largely indigenous, and centuries of cultural Voluntary Riverbank Restoration Grant traditions are evident in the landscape, in Scheme ; terms of archaeology and structures in • Brisbane City Council have an annual continuous use. The National Trust (for levy of $30 for the purchase of remnant Places of Historic Interest or Natural bushland and offer a 'cash grant' for Beauty) was formed by a group of socialists Voluntary Conservation Agreements in 1895 essentially to protect landscapes for whereby land is reclassified as a the benefit of the nation. Other conservation conservation zone; groups such as the Royal Society for the • Albert Shire has an Open Space Protection of Birds (RSPB) have acquired Preservation Levy ; landscapes more specifically for habitat • Johnstone S.C. had drafted a proposal to protection. The conservation ideals of these apply rate rebates in perpetuity for groups are inextricably linked with British landowners entering into conservation traditions of 'rights of way', 'common land' agreements, which include the and 'the right to roam'. Ancient rights of way protection of scenic resources.

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have perpetuated people's connection with the landscape. NATIONAL PARKS National Parks like those in the Lake District Allied to these issues is continuing strength and Peak District are not like national parks of local communities. Traditional 'parish' in the American or Australian sense. It is the councils still retain a certain amount of highest form of protection for a landscape. power in planning terms. Many other smaller protected areas of national significance occur in the national One key to the future for cultural landscapes parks. National Parks in Britain can include in Britain is the realisation that biodiversity private land, villages, towns and activities in Britain is partly dependant on the such as farming and forestry. The National maintenance of historic cultural landscapes. Park Authority is also the Local Planning Many species, particularly birds, have Authority so it can influence the evolved nesting habits that are directly development and design of housing, dependant on hedgerows, reed beds, access transport links and tourist facilities. to vernacular buildings and a range of Development control policies aim to balance farming practices. Many plants also rely on development with the values of the national farming and grazing routines. This park. The majority of land in the Lake interdependency is not so far removed from District NP is in private ownership. indigenous Australians' relationship with some native fauna. It should be noted that property prices in the Lake District NP have long been much PROTECTED AREA higher than in surrounding areas. DESIGNATIONS AREAS OF OUTSTANDING NATURAL BEAUTY FREEHOLD LAND WITH RESTRICTIVE (AONB S) COVENANTS AONBs were first created under the A freeholder may draw up a list of National Parks and Access to the restrictions to be observed in perpetuity and Countryside Act 1949 . For details see the pass the management of those conditions to Countryside Agency's website (1999). The another body, such as the National Trust. objective is to conserve natural beauty Many areas of high cultural landscape value, (which is a cultural view and little to do with which the NT could not afford to buy, were wilderness) while taking account of rural covenanted between the Wars. This was industries and the economic and social needs prompted by the encroachment of cities and of communities living within the AONBs. towns upon agricultural communities. There are currently 37 AONBs covering 15% of England. There are 5 AONBs in Under most restrictive covenants, Wales. permission is required to make any alterations to buildings or the landscape that These areas are administered by local would affect the existing 'character' of the authorities and have stricter than normal feature. Owners can appeal against decisions guidelines for planning, limiting new to the Lands Tribunal, but the vast majority housing and restricting significant of decisions are agreed at a local level, with alterations to the character of the landscape. local and regional staff. In a recent initiative in the Chilterns AONB, The National Trust has produced a strategy In the author's experience of working for the for the whole AONB (owning a significant National Trust covering the Hambledon amount of land throughout this area) and is (Greenlands estate) covenanted area in now managing land on behalf of one of the Buckinghamshire, between Marlow and County Councils, besides having a strong Henley, 50 years of managing restrictive input into the overall management of the covenants had significantly preserved the area (R. Wheeler, pers. comm., 1999). character of the landscape compared to areas

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outside the covenanted area. During the 1999). Nevertheless, most categories refer to 1940's every building and many landscape landscape features of some description, e.g., views were photographed enabling a 2,102 agreements now cover field benchmark for character. boundaries.

Agri-environment schemes For an example of a scheme, see the Avalon The two schemes outlined below have been Marshes web site (Somerset County running for almost 10 years. They Council, 1999). complement statutory protection by enabling farmers to be informed about and manage It would be useful to look at a defined their own heritage. The landscape is their cultural landscape to see what structural cultural environment and there is a certain features might be applicable. Also these level of archaeological and historic interest schemes work best when the potential among the farming community. The conflicts between cultural features and schemes are also relatively well funded changes for sustainable agriculture are (approx. $200 million) in 1998 (Middleton, addressed and resolved, otherwise the 1999). Nevertheless, the same types of money from incentive payments is not schemes could work on a more modest scale enough incentive for farmers to take up the in Australia. schemes (R. Wheeler, pers. comm., 1999).

The Countryside Character Initiative ENVIRONMENTALLY SENSITIVE AREAS (ESA S) ESA encompass schemes designed to In the UK, the recent Countryside Character 'protect and, where possible, enhance the Initiative – led by the The Countryside special landscape character of an area and its Agency) – has recognised that the entire wildlife and historic interests, by landscape, regardless of its 'value' has encouraging the maintenance and adoption evolved through the interaction of human of appropriate farming systems' (Middleton, and natural forces (Countryside Agency 1999). The scheme is voluntary and can be website, 1999). By recognising the variation taken by farmers and other land managers of in character across the country they hope to agricultural land. It is based on a 10-year understand how the different impacts upon it management agreement based on activities combine to give areas a unique sense of to both maintain good environmental place. See the Countryside Agency website practices and undertake 'enhancement', for details. which can translate into the reinstatement of lost boundary structures. There are currently England has been divided into 159 areas, 22 ESAs (10% of England's agricultural each described in terms of physical and land), with over 9,300 agreements cultural features. No grading of values has (Middleton, 1999). been ascribed. The initiative aims to provide a national framework within which detailed COUNTRYSIDE STEWARDSHIP and consistent local landscape assessments Countryside stewardship (UK) is also a could sit. This information will be fed into voluntary scheme based on annual incentive regional plans. payments to landowners for the creation or repair of the landscape features (built and English Nature and English Heritage are natural), to sustain the natural and cultural undertaking similar exercises based on diversity of the landscape and improve landform, wildlife and land use, and on opportunities for public enjoyment. The historic landscape character, respectively. scheme is good for targeting distinctive The results are awaited and should be features of historic landscapes. The scheme followed up in this study. began in 1991 and by 1999, 526 out of 8614 agreements came under the category of Obviously, the size of England makes this 'historic landscapes and features' (MAFF, sort of initiative possible, but the holistic

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approach is transferable, as in the overview chapter on "Natural Beauty, consideration of Cape York as one unit. Wildlife and Cultural Heritage" (Chapter 3).

Approaches to Integrated Policies and Landscapes are well described and Planning landscape conservation is not limited to Various UK documents point to an emerging scenic views, i.e., holistic approach to economies and future • diversity of the landscape is to be development based on a broad notion of protected, management must be based sustainability and a better understanding of on assessment of an area's character and how cultural landscape is linked to be designed to conserve those individual biodiversity. This is evidenced by the elements which define it; current debate on the maintenance of field • priority will be given to any features that boundaries, such as hedgerows, walls and are rare or unique but sufficient fences. These features have enormous resources should be available for the cultural value in terms of patterns of conservation of the wider countryside. ownership, regional variations in materials, construction techniques and indications of In the late 1980's the park was surveyed by land management, and contribute to notions major landcover types (Monitoring Land use of 'beauty'. Change), which piloted a computer-based analysis. The park will be resurveyed to look Current protective legislation is confined to at changes in the last 10 years. In the hedgerows, which are themselves only Australian context, much data probably found traditionally in certain areas. The already exists and could be used in cultural instrument only focuses on individual landscape analysis and management. hedgerows and applications for their removal don't consider the effects on The approach to cultural heritage includes adjacent areas and the landscape as a whole. statements about approaches to Conservation bodies are arguing for an conservation, in terms of protection, extension of legislation to cover all field consolidation, acceptable repairs and boundaries. alterations and re-use. REGIONAL DEVELOPMENT AGENCIES In a new initiative, Regional Development Strategies are put forward for the Agencies will be concerned with developing maintenance of 'non-material' cultural a region's economic base on sustainable traditions (dialect, place names, farming principles. Regional Economic Strategies practice, literary and artistic associations, must also take account of the environment, local crafts, sports and pastimes) through cultural heritage and tourism. The National education and interpretation and maintaining Trust (January, 1999) evidence to the the conditions necessary for traditions to Inquiry into Regional Development survive. A difficult task, they admit, but Agencies highlighted the fact that the worth stating as an objective. cultural and natural resources of a region do make an economic contribution in terms of Several management issues are addressed local jobs in conservation and tourism. within this Chapter: These issues are worth further investigation • opportunities for change in the in the Australian context. landscape; • Management Plans specific schemes and grants which will be used to meet objectives; The Lake District National Park • advice for landowners; and, Management Plan (1997) was chosen for • work being undertaken with other examination, being a broad cultural working agencies and levels of government. landscape. Most of the Chapters of the Plan are headed by landscape types with an

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Overall it is a fairly transparent account of within Parks. Detailed research and what will be managed and how. recording has allowed them to describe features and prescribe a regime for their Incentives care. The recently published Guide to The Agri-environment schemes have annual Cultural Landscape Reports (Page, Gilbert payments for conservation work undertaken and Dolan, 1998) shows how their and this includes landscapes. Countryside knowledge and approach has evolved over Stewardship is suitable for re-establishing time and presents a practical guide to features over a range of owners but can be a researching and surveying landscapes. Their 'blunt tool' when it comes to a designed premise is that there is no substitute for landscape (Richard Wheeler, pers. com., gaining a first-hand understanding of the 1999). landscape using the widest range of information-gathering techniques, such as THE NATIONAL LOTTERY oral history, land and satellite surveying and Many of the heritage funding bodies have GIS mapping. had their grants reduced as a certain amount of profit from the National Lottery is Ironically the older NPS sites have become channelled into the National Lottery Fund landscapes of National Parks and are being and made available for the arts, heritage, managed with that value in mind. sport and recreation. Application is open to any group, including villages wanting a new The strengths of the NPS approach are their community hall. Larger schemes can be thoroughness in that they are clear about: more focused as they must have a • Defining management philosophy – a conservation plan ( a concept passed on by a narrative that states goals for managing number of Australians working in heritage the landscape as a whole, intent of conservation in Britain). Grants are made on primary treatment, specific a matched-funds basis. consideration for long-term management and general maintenance requirements Although there are potential ethical (see p.83, NPS, 1998); problems using money raised from • Evaluating the consequences of gambling, the idea of earmarking a known treatment actions; percentage of the profits for community • Including cost estimates; benefit, is a form of incentive. A similar • Balancing different resource values; system could work on an Australian • Recording and reviewing treatment. Commonwealth or State basis. In Queensland, Jupiters Casino operate a grant As apparent in some of the before and after scheme for projects that have community photographs of landscape details in the benefits. book, a possible downside comes when the Britain generally has a wide range of grants decisions made lack the subtlety needed to and tax rebates for cultural heritage integrate new repairs/rehabilitation with the conservation. Conservation charities are existing surroundings. This can result from a exempt from Value Added Tax (VAT) on combination of being too prescriptive and conservation work. Australia is not taking where the people carrying out the treatment that approach with the GST. haven't been informed about (or haven't understood) the overall significance of the place. The United States The National Parks Service and This document would be worth following up alongside a specific example in Queensland. Cultural Landscape Reports In the US, the National Park Service (NPS) is defining and managing cultural landscapes

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Policies and Programs for Private importance being made in relation to site Land density as a piecemeal approach, when, as with indigenous Australians, they viewed In a comprehensive summary of US policies nature and culture as one. and programs for land protection Endicott (1994) outlines a range of approaches, It may be comparatively useful to track including: down a specific management plan for a • direct funding of non-profit land landscape that includes a native Canadian protection organisations; population. • preserving land through a utility surtax; • public/private partnership funding for purchase of land; Techniques for Describing and • lottery proceeds for purchase and Managing Cultural Landscapes conservation work; and, • tax advantage sales, tax deferred Geographic Information Systems exchanges. (GIS) in Cultural Landscape Analysis GIS is used widely for landscape research Endicott (1993 emphasises that NGO's and management in the US and to a lesser provide advantages in terms of flexibility, extent in Britain. A new initiative by specialised staff, conservation management Lifeline and the Great Britain Historical GIS experience and an "atmosphere of programme is using GIS to map and analyse the migration patterns of workers during the possibility" which governments are less able th to achieve. 19 century.

Canada There is a great deal of material on the Internet that could be explored further. Canada was one of the first to ratify the 1992 Convention on Biological Diversity but by 1998 still had no implementation plan (Commissioner of the Environment and Sustainable Development, 1998). Targets CONCLUSIONS AND had not been set to judge whether a policy had been implemented successfully or not, RECOMMENDATIONS and too little attention was being paid to the What can be concluded from this research in management side of sustainable response to " can cultural landscapes be development. Canada does not conserved ?" systematically track the implementation of its international environmental Yes. If they can be defined in terms of commitments; this was seen as a weakness features that can be physically managed. to be rectified. These omissions would be relevant in Australia. Cultural landscapes manifest themselves through the physical world. Even landscapes The report cited that Environmental Impact that have sounds or smells must ultimately Assessment was a critical tool for be derived from something tangible, e.g., the sustainable development and could be sea, trees, sand and soil. These resources are applied to the cultural/historical landscape. manageable and much legislation and policy exists to protect them. Humans are On the subject of policies and practices for constantly interacting with the physical indigenous cultural resources, experience is world (and in indigenous terms humans are similar to that in Australia. Notzke (1994) indivisible from the physical world), said native Canadians saw the documenting creating and changing cultural landscapes. of individual sites and decisions on

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Are cultural landscapes in Australia being Recommendations for the managed? Management of Cultural Landscapes in Australia They are in so far as they have been defined The following headings are a first look at the and understood. main issues that will need to be addressed in

order to conserve cultural landscapes. These Cultural landscape values are currently recommendations are not meant to be finite referred to in management plans in terms of or prescriptive as the future success will 'scenic value' (maintenance of vistas from depend on the values being managed. fixed points) and in terms of historical and Ideally, recommendations should be archaeological 'sites'. The former is examined in relation to a case study area. commonly referred to in forest plans, where acceptable change in the landscape is Recurring issues measured according to distance from The majority of Australia's protected areas viewpoint and length of time for the change were nominated for natural values. Even to revert to being only 'subtlety apparent'. recent management plans admit that This suggests that alterations could be great knowledge of cultural values is very limited, in areas not visible from visitor viewpoint – as existing data is minimal. here the argument for cultural landscape integrity would be tested! Perceived commitment to the identification

of cultural values is noticeably less than that A Summary of the to natural values. This may result from the lack of expertise and guidelines directly Legislative Framework for Cultural available to the managing bodies, and to Landscapes in Australia some extent the perception of cultural landscapes as aesthetic/subjective and, Looking at the stages of progression from therefore not scientific/objective. There is a strategies to plans: need to improve the baseline knowledge of field managers and crucially, to have • strategies for sustainable land use are in experienced people at local government place with more detailed strategies level for the consideration of planning concerned with cultural resources policy and schemes. awaited; • Commonwealth and State legislation is There is a further need to actively involve reaching a point where the objects of landholders and communities in ways that acts are broad enough to encompass the are meaningful to them. concept of cultural landscapes; Cultural Landscape Management in • in both protected areas and local area plans the importance of cultural Practice landscapes has generally been alluded to Practical management will need to involve a but vague definitions are inhibiting a combination of: meaningful transfer to actions on the • thorough research; ground; and, • defining significance (consulting with • in Australia, financial incentives are other stakeholders to reach that few, so the sustainability of conserving definition); cultural landscapes must be in doubt. • collaborative management framework; • education of stakeholders to all desired outcomes; • on-going, sustainable financial incentives; • Government role in providing:

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− technical guidance, which is on- rangers, which need to be imbued with a going; sense of cultural landscape management. − regional support staff who build up Those who work in the landscape are best relationships and act as a facilitator placed to see how a change in any one for new ways of achieving good activity or process, be it natural or man- practice; made, may alter a cultural landscape • adoption of broad principles of (perhaps to the point of its loss). sustainable resource management; • conflicting issues addressed and The 'Reading the Land' scheme for the priorities for management established; Murray-Darling Basin Commission • clear objectives translated into (Eastburn and Milligan, 1998) was a good implementation plans; start to community education and precisely • monitoring and recording of existing this type of scheme should be coordinated landscapes and any treatments under the Natural Heritage Trust to be run in tandem with schemes like Landcare and • regular reviews of significance and ICM. Key cultural/historical information resulting plans should also be part of the Property

Management Planning teaching. Management plans should be much clearer about the significance of the sites, the The consideration of cultural heritage needs management of competing values and to be "conscious" at all levels of government interests, and the relative priorities of (and across departments). There needs to be management objectives. These priorities a change of attitude in line with the should then be reflected in the allocation of objectives of the Integrated Planning Act: staff and financial resources, in order to • show how tasks arising from objectives will If cultural landscape is seen as an aspect be achieved. The Uluru Kata Tjuta Plan of the physical landscape, cultural (1991, updated 1995) does this well. heritage should be part of any Moreover, because the values are well environmental impact assessment. Just understood (through on-going research and as a surveyor would ascertain the communication with traditional owners) and availability of water for a housing articulated clearly in the plan, it is easier to scheme, it would not be unreasonable to form objectives and achieve them. check what archaeology may be disturbed or what views may be Sharing of resources interrupted or lost. • The inevitable integration of the There is an apparent fear that the conservation of natural and cultural values, identification of any cultural heritage requires the sharing of information resources will signal a moratorium on and ideally, staff resources, especially given development. It may be that cultural the size of Queensland. Much information heritage practitioners are currently at the exists in different State government point where ecologists and departments and the need for a central conservationists were previously, i.e., database has been argued for elsewhere hardened by significant losses in the past (Lennon, 1998). and still 'firefighting' with limited resources and a lack of sound Education of all stakeholders comparative data to argue their case. Australia is awash with strategies, policies Management of any resource always and plans but not with the collective involves some compromise, but with knowledge to implement them. Sooner or more information and wider support, later one has to get back to basics. better decisions can be made.

It is the day-to-day activities of individual land managers, be they farmers or park

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Directions for future research REFERENCES Australian Conservation Foundation. (1998). As stated throughout this report, the Wilderness and Indigenous Cultural usefulness and effectiveness of legislation Landscapes in Australia . Retrieved May 16, and management for cultural landscapes, 1999 from the World Wide Web should be tested in a case study area. http://www.acfonline.org.au/Policies/draft_wil derness.htm Priority areas for further research should be: Canadian Commissioner of the Environment and • Sustainable Development. (1998). Report of Definitions of 'cultural landscapes', as the Commissioner of the Environment and different understandings in different Sustainable Development to the House of countries affect the applicability of Commons . Canada: Minister of Public Works overseas schemes, policies and and Government Services. incentives to the Australian context. Claridge, G. and Claridge, C. L. (October 1997). Australia's Oceans Policy, Socio-cultural N.B. Harvard University's Institute for Considerations: Expanding the role of Cultural Landscape Studies has collaborative management and stewardship in proposed a study entitled Building a the conservation management of Australia's Common Language , to address marine and coastal resources . Canberra: interdisciplinary interpretation and Commonwealth of Australia. management. Commonwealth Dept of Environment. (1998). Reform • of Commonwealth Environment Legislation: Environmental Impact Assessments Consultation paper . Canberra: Commonwealth (EIAs) and their application to cultural of Australia. landscape management. The author has Eastburn, D. and Milligan, A. (Eds). (1998). Reading gathered a certain amount of the Land: Workshop Proceedings, Canberra, information which could be assessed 1-22 May 1997. Canberra: Murray-Darling further. Basin Commission. • Examination of implementation plans Endicott, E. (Ed.). (1993). Land Conservation through Public/Private Partnerships. Washington, for protected area management plans in D.C.: Island Press. a case study area. It is important to Environment Australia. (1998). Australia's national complete the circle of international report to the Fourth Conference of the Parties agreements down to local management to the Convention on Biological Diversity . plans by seeing whether actions on the Canberra: Author. ground fulfill the ambitions of the House of Representatives Standing Committee on strategies and how local conflict is Environment, Recreation and the Arts. (1996). Managing Australia's World Heritage. resolved. Canberra: Commonwealth of Australia. • To look further at the economic James, D. (1997). Environmental Incentives: dimension, i.e., investigate the economic Australian experience with economic conditions needed for the survival of instruments . Canberra: Environment Australia cultural landscapes. These are also Lennon, J. (1998). Protecting Cultural Heritage points of conflict: job opportunities, Values and Places in Southeast Queensland family dynamics, etc. Forests. A report for the Joint Commonwealth and Queensland RFA Steering Committee. • At the formal education level, it would Lifeline and The Great Britain Historical GIS be worth looking at environmental Programme. Bolton Lifeline: The movements management courses and the inclusion of James Beardpark 1835-44. Retrieved May of cultural resource management. 14, 1999 from the World Wide Web: • To identify a process for systematic http://www.geog.qmw.ac.uk/lifeline/sem_dem o/beardpark.html surveying which could be used by Shire Middleton, R. (1999). Protecting Historic Landscapes Councils. through Agriculture . Paper to the Symposium on Heritage Management, World Archaeological Congress 4, University of Cape Town. Ministry of Agriculture, Fisheries and Food. Countryside Stewardship Agreements at 31March 1999 . Retrieved June 15, 1999 from

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the World Wide Web: http://www.maff.gov.uk/environ/envsch/agnu Management Plans m.htm Australian Nature Conservation Agency. (1991). National Heritage Trust website. (May 1999). Mid- Uluru Kata Tjuta Management Plan . Term Review. World Wide Web Retrieved May 11, 1999 from the World Wide http://www.nht.gov.au/review/ Web: Notzke, C. (1994). Aboriginal Peoples and Natural http://www.environment.gov.au/portfolio/anca Resources in Canada . Ontario, Canada: /manplans/uluru/uluru.html Captus Press. Lake District National Park Authority. (1998). Lake Page, R.R., Gilbert, C.A. and Dolan, S.A. (1998). A District National Park Management Plan Guide to Cultural Landscape Reports: (WWW version): Draft for consultation. Contents, process and techniques. Retrieved 16 May 1999 from the World Wide Washington, D.C.: National Parks Service. Web: http://www.lake- Queensland Government. (August, 1997). Planning district.gov.uk/npmp/index.htm Guidelines: Separating Agricultural and National Park Service of Victoria. (1996). Mornington Residential Land Uses. DNR and QLGP. Peninsula National Park and Arthurs Seat Retrieved June 15, 1999 from the World Wide State Park: Draft management plan . Victoria: Web: NPSV. http://www.dnr.qld.gov.au/land/landplan/landr Qld Dept of Environment and Heritage. (1994). Great eplan/larelplpages/lrp-statepp.html Sandy Region Management Plan. Brisbane: Somerset County Council. Avalon Marshes QDEH. Countryside Stewardship . Retrieved May 11, Qld Dept of Environment and Heritage. (1988). 1999 from the World Wide Web: "Scenic Rim Region: Strategic Management http://www.somerset.gov.uk/levels/levelgen.ht Plan." Unpublished manuscript. m Qld Dept of Minerals and Energy and Dept of Standing Committee on Agriculture and Resource Environment and Heritage. (1993). Palmer Management, Agriculture and Resource Goldfields Reserve management guidelines. Management Council of Australia and New Brisbane: QDME and QDEH Zealand. (1997). Evaluation report on the Queensland National Parks and Wildlife Service. Decade of Landcare Plan – national overview . (April, 1999). Capricorn Cays National Park Canberra: Land Resources Division, Dept. of and Capricorn Cays National Park Primary Industries and Energy. (Scientific): Draft management plan . Brisbane: The Countryside Agency. Areas of Outstanding Queensland Government. Natural Beauty. Retrieved May 11, 1999 from Parks Victoria. (1998). Dergholm State park and Mt the World Wide Web: Arapiles-Tooan State Park (Tooan Block). http://www.countryside.gov.uk/what/aonb1.ht Victoria: Parks Victoria. m Victorian Dept of Conservation and Natural The Countryside Agency. Countryside Character Resources. (December 1995). Forest Initiative. Retrieved May 11, 1999 from the Management Plan for the East Gippsland World Wide Web: Forest Management Area. Vic: VDCNR. http://www.countryside.gov.uk/what/cci1.htm Wet Tropics Management Authority. (1995). Draft The National Trust. (January 1999). House of Wet Tropics Plan . Cairns, Queensland: Commons Environment Sub-Committee WTMA. Inquiry into Regional Development Agencies: National Trust evidence . Retrieved May 14, Wet Tropics Management Authority. (1997). Policies 1999 from the World Wide Web: for implementation of the Tropics Plan. http://www.ntenvironment.com/environment/h Cairns, Queensland: WTMA. tml/cproject/papers/rda1.htm World Conservation Monitoring Centre. (1999). Descriptions of Natural World Heritage Properties: Fraser Island. Retrieved from the World Wide Web on May 23, 1999, http://www.wcmc.org.uk/protected_areas/data/ wh/fraser.html

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Landscapes in Australia: Draft policy . Retrieved May 16, 1999 from the World Wide APPENDIX: Web: http://www.acfonline.org.au/Policies/draft_wil General References derness.htm Australia ICOMOS. (1998). Cultural Heritage Places especially for Policy . Curtin, A.C.T.: Author. Australian Heritage Commission. (1997). National Conservation and Heritage Standards: a discussion paper . Canberra: Author. Management Australian Heritage Commission. (1998). Protecting Local Heritage Places: a guide for Environmental Law in Australia communities . Canberra: Author. Blair, Sandy. (1993). People's Places: identifying and BOOKS assessing social value or communities: a Deacons, Graham and James. (1997) Guide to social value workshop . Canberra: Australian Environmental Legislation in Australia and Heritage Commission. New Zealand: a summary and brief Commonwealth of Australia. Heritage – Our past and description of environmental protection and our future . Retrieved May 16, 1999 from the related legislation of Federal, State and World Wide Web: Territory governments of Australia, and of th http://www2.nla.gov.au/creative.nation/heritag New Zealand , 5 ed. Canberra: Australian and e.html New Zealand Environment and Conservation Council. Cultural Ministers Council. (1995). National Conservation and Preservation Policy for Bates, G M. (1995) Environmental Law in Australia , Movable Cultural Heritage . Australia: Author. 4th ed. Australia: Butterworths. Curtis, Allan. (1998). "Agency-Community JOURNALS Partnership in Landcare: Lessons for State- Australian Environmental Law News , Dickson, sponsored citizen resource management", A.C.T.: National Environmental Law Environmental Management , 22 (4), 563-574. Association. Garrett, B. (Ed.). (1993). Whole Farm Planning: The Australian Journal of Natural Resource Law and Principles and options . Victoria: Dept of Policy Conservation and Natural Resources. Environment and Planning Law Journal Hill, Hon. R. (1997). Investing in Our Natural Heritage: The Commonwealth environment International conventions and expenditure 1997-98 . Canberra: national strategies – Australia Commonwealth of Australia Lucas, P.H.C. (1992). Protected Landscapes – A guide Falk, Jim. (1993). Social equity and the urban for policy-makers and planners. International environment: report to the Commonwealth Union for Conservation of Nature and Natural Environment Protection Agency. Canberra: Resources/4 th Australian Government Public Service. World Congress on National Parks and Protected Australian Heritage Commission. (1996). Regional Areas, Caracas, Venezuela. London: Chapman Assessment Program Review. Canberra: and Hall. Author. Matheson, B. (1996). "Land Care": Rural property Legislation in Queensland planning. Australia: Inkata Press. Young, M.D., Gunningham, N., Elix, J., Lambert, J., Hewitt, Natalie, "Administration of Native Title Land Howard, B., Grabosky, P., and McCrone, E. under the Integrated Planning Act 1997", (1996). Reimbursing the Future: An evaluation Environment and Planning Law Journal , of motivational, voluntary, price-based, 15 (5), October, 1998. property-right, and regulatory incentives for the conservation of biodiversity . Canberra: Policies and Programs Department of Environment, Sport and Territories. ANZECC. (1998). Strategic Plan of Action for Establishing the National Representative System of Marine Protected Areas . ANZECC Management and Implementation in Task Force on Marine Protected Areas. Australia Canberra: Environment Australia. Australian Heritage Commission. (199?). The National Australian Conservation Foundation. (November Estate: Handbook for local government . 1998). Wilderness and Indigenous Cultural Canberra: Australian Heritage Commission.

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Cicin-Sain, B and Knecht, R. W. (1998). Integrated Sperling, K. (1997). "Going Down the Takings Path: Coastal and Ocean Management: Concepts Private property rights and public interest in and practices . Washington, D.C.: Island Press. land use decision-making", Environment and Claridge, G. and Claridge, C. L. (October 1997). Planning Law Journal , December 1997, 427- Australia's Oceans Policy, Socio-cultural 436. Considerations: Expanding the role of Taylor, K. and Tallents, C. (1996). Cultural Landscape collaborative management and stewardship in Protection in Australia: the Wingecarribee the conservation management of Australia's Shire Study. International Journal of Heritage marine and coastal resources . Canberra: Studies , 2 (3), 133-144 Commonwealth of Australia. UNESCO. (1994). Operational Guidelines for the Corbett, Tony and Lane, Marcus B. (1997). "The Implementation of the World Heritage Willandra Lakes Region World Heritage Convention . Gland: UNESCO World Property: a planning phoenix?", Environment Conservation Monitoring Centre. and Planning Law Journal , 14 (6). Wet Tropics Management Board Review Steering Cordonnery, L. (1997). "Area Protection and Committee. (January 1998). The Review of Management in Antarctica: A proposed Aboriginal Involvement in the Management of strategy for the Implementation of Annex V of the Wet Tropics World Heritage Area. the Madrid Protocol based on information Queensland: Wet Tropics Management management", Environment and Planning Law Authority. Journal , 15 (1). World Conservation Monitoring Centre. (1999). Great Barrier Reef Marine Park Authority. (April Descriptions of Natural World Heritage 1998). Day-to-day Management Coordination Properties: Fraser Island . Retrieved May 23, Unit Evaluation and Relocation: Report and 1999 from the World Wide Web: recommendations . GBRMPA and Queensland http://www.wcmc.org.uk/protected_areas/data/ DoE. wh/fraser.html Hill, R. (Ed.). (1992). Cross Cultural Management of Zann, L. P. (1995). Our Sea, Our Future: Major Natural and Cultural Heritage: Seminar findings of the State of the Marine proceedings . Cairns: Cairns College of Environment Report for Australia. Australia: Technical and Further Education. Great Barrier Reef Marine Park Authority and Lennon, J. (1997). Case Study of the Cultural Commonwealth of Australia. Landscapes of the Central Victorian McNiven, I. J. (1992). Cultural Heritage Management Goldfields . Australia: State of the Environment Plan: Great Sandy Region Southeastern Technical Paper Series (Natural and Cultural Queensland. Bundoora, Victoria: Ian J. Heritage). Canberra: Department of the McNiven. Environment. Lorimer, M.S. (1998). Catchment Management in the Environmental Impact Assessments Desert Uplands, part 2: A land resource EDAW. (1998). Minerva Gas Field Development. description and evaluation , Brisbane, Qld: EIA, Phase 3 Studies: Landscape and Visual Department of the Environment. Assessment . Unpublished Report. Powell, J. (1999). Expanding Horizons: Environmental and cultural values within Relevant material from other countries natural boundaries . Paper to the Symposium Barnes, S. and Ayes, P. (1998). GIS as a Decision- on Heritage Management, World making Tool in the Ecosystem Conservation Archaeological Congress 4, University of Planning Process, in Monroe, N.W.P. and Cape Town. Martin Wilson, J.H. (Eds.). (1998). Linking Qld Dept of Natural Resources. (January 1999). Protected Areas with Working Landscapes "Current procedures for consideration of Conserving Biodiversity , Proceedings of the Cultural Heritage places and values in native Third International Conference on Science and Forest Harvesting Plans." Unpublished internal Management of Protected Areas, 12-16 May department document. 1997, 705-711. Wolfville, Canada: SAMPAA. Qld Dept of Natural Resources – Resource Cultural Resources Work Group. (1999). Cultural Management, Dept of Communication, Resources Work Group. National Park Service Information, Local Government and Planning, (US) Cultural Resource Mapping and Dept of Primary Industries – Forestry, Dept of Geographic Information Systems (GIS). Environment and Heritage. (July 1998). Retrieved May 14, 1999 from the World Wide "Background to Assessment of Queensland's Web: Ecologically Sustainable Forest Management http://www2.cr.nps.gov/gis/fgdc/CRWG.htm Systems and Processes: Description report." Dolman, P. and Cobb, D. Sustainable (Agricultural) Unpublished document: Qld Dept of Natural Landscapes . Retrieved May 14, 1999 from the Resources. World Wide Web:

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http://www.ntenvironment.com/environment/h The Jefferson Land Trust. (1997). The Conservation tml/features/papers/feat04.htm Easement . Retrieved from the World Wide Economic Commission for Europe. (1996). Current Web: policies, strategies and aspects of http://www.olympus.net/community/saveland/ environmental impact assessments in a trans- saveland.htm boundary context , New York, N.Y.: United The National Trust. (February 1999). Agenda 2000 – Nations. CAP Reform/Towards a New Direction for UK Harman, D. (1998). The Other Extinction Crisis: Agriculture: The National Trust response to Declining cultural diversity and its MAFF consultation. Retrieved May 14, 1999 implications for protected area management . from the World Wide Web: In N.W.P. Munro, and J.H. Martin Willison. http://www.ntenvironment.com/environment/h (Eds). Linking Protected Areas with Working tml/land_use/papers/agri1.htm Landscapes Conserving Biodiversity , The National Trust. (December 1998). Sites of Special Proceedings of the Third International Scientific Interest: Better protection and Conference on Science and Management of management. Retrieved May 14, 1999 from Protected Areas, 12-16 May 1997,352-359. the World Wide Web: Wolfville, Canada: SAMPAA. http://www.ntenvironment.com/environment/h Institute for Cultural Landscape Studies. Current tml/nat_con/papers/sssi1.htm projects. Retrieved May 14, 1999 from the The National Trust. (October 7, 1998). Memorandum World Wide Web: (FB30) to the Select Committee on http://www.icls.harvard.edu/current.htm Environment, Transport and Regional Affairs Land Trust Alliance. (1997). Land Trusts: The front (Minutes of Evidence) . Retrieved May 11, guards of land protection . Retrieved from the 1999 from the World Wide Web: World Wide Web: http://www.lta.org http://www.parliament.the-stationery- office.co.uk/pa/cm199798/cmselect/cmen… Local Government Archaeological Officers. (October 7, 1998). Memorandum (FB15) to the Select Woodside, R. Sustaining the Historic Environment . Committee on Environment, Transport and Retrieved May 14, 1999 from the World Wide Regional Affairs (Minutes of Evidence) . Web: Retrieved May 11, 1999 from the World Wide http://www.ntenvironment.com/environment/h Web: http://www.parliament.the-stationery- tml/features/papers/feat05.htm office.co.uk/pa/cm199798/cmselect/cmen…/8 Wyoming Governor's Office. Ways to Conserve 071406.ht Wyoming's Wonderful Lands: A guide book . Matthews, Anne. (1998). "Out of the Wilderness", Retrieved from the World Wide Web: Preservation , 50 (1), January/February. http://www.state.wy.us/governor/openspace/op enspaces.htm. Last modified March 11, 1999 Ministry for Agriculture, Fisheries and Food. (November 26, 1997). Countryside Cultural Landscapes - general Stewardship Agreements at September 1997. Retrieved from the World Wide Web: Jacques, D. (1995). The Rise of Cultural Landscapes. National Park Service (May 7, 1999). Historic IJHS, 1 (2) 91-101 Landscape Initiative . Retrieved May 14, 1999 Walton, D. W. (1994). Australia, Cultural Landscapes from the World Wide Web: and Other Australians. Biodiversity – http://www2.cr.nps.gov/hli/index.htm Broadening the Debate , 3, 21-36. Retrieved Pinck, Dan. (1998). "The Ideal City", Preservation , 50 May 20, 1999 from the World Wide Web: (1), January/February. http://kaos.erin.gov.au/life/general_info/biodiv _debate/Walton.html The Countryside Agency. (January 1998). Countryside Stewardship – Monitoring and evaluation of the pilot scheme. Retrieved May 11, 1999 from the World Wide Web: http://www.countryside.gov.uk/research/notes/ ccrn3.htm The Countryside Agency. Rural Development andStatutory Planning. Retrieved May 11, 1999 from the World Wide Web: http://www.countryside.gov.uk/research/notes/ rdr15_s.htm The Countryside Agency. Rural Development and Land Use Planning Policies.. Retrieved May 11, 1999 from the World Wide Web: http://www.countryside.gov.uk/research/notes/ rdr38_s.htm

4 LOCAL GOVERNMENT PLANNING REVIEW

by Susan Laurens

This chapter contains a review of existing local government planning schemes and proposed ones according to the Integrated Planning Act. This examination focused on mechanisms that recognised and protected cultural landscapes (among other matters), specifically related to the local government areas related to the five case study areas.

CONTESTS AND MANAGEMENT 4. Local Government Planning

Introduction THE GOLD COAST The purpose of this chapter is to examine at The Gold Coast case study area falls within existing Local Government Planning the jurisdiction of the Gold Coast City Documents covering five case study areas Council (GCCC). The Council is currently across Queensland, and to establish how in the process of developing a new planning they address the issues of: scheme consistent with the Integrated • protection and management of cultural Planning Act 1997 (IPA) . The planning heritage; scheme presently in place for the Gold • protection and management of Coast are those that were devised for the landscape; City of Gold Coast (1994) and the Shire of • protection and management of Albert (1995) prior to amalgamation of the amenity/character; and, shires. For the purposes of this report, three • protection and management of documents were investigated: the Gold environments. Coast Urban Heritage and Character Study , Building Sustainable Communities Draft The Chapter also examines proposed Strategic Plan, and the Gold Coast Nature planning schemes being developed under the Conservation Strategy Volume Two . All Integrated Planning Act 1997 to see how three were tabled in 1997 and are intended they are addressing the issues identified to guide the current planning scheme review. under "valuable features", including: A review of references to "valuable features" (a) resources or areas that are of ecological in the planning scheme being developed significance; under IPA is also made. (b) areas contributing significantly to amenity; GOLD COAST URBAN HERITAGE (c) areas or places of cultural heritage AND CHARACTER STUDY significance; and, As the title indicates, the focus of this study (d) resources or areas of economic value. is the cultural heritage and character of the Gold Coast. In the Foreword to the work, In the case study areas, other relevant Gold Coast Mayor Gary Baildon states, studies and State Government [t]he study provides an understanding of planning/management documents are also what constitutes the city's heritage and reviewed. These include character….then recommends a • The Gold Coast (Gold Coast City meaningful framework within which Council); Council and the community can work, to • conserve and enhance that heritage and South Brisbane (Brisbane City Council); 1 • Glass House Mountains Region – a special character". selected part of the South East It was also noted that the operation of the Queensland Regional Forest Agreement existing planning system would not radically Area (Caloundra City Council); change following the implementation of • The Wet Tropics (Douglas Shire recommendations included in the study. This Council and Cook Shire Council); and, is a realistic conclusion given the study's • Cape York (Cook Shire Council, Torres emphasis on character rather than heritage, Shire Council and Aurukun Shire and the perceived view that controls of Council). character more readily "accept development or redevelopment as the norm", than does the protection or management of heritage. 2

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as a prompt or framework for the Heritage-v-Character consideration of a much wider range of The study goes to some length to make the places than those presently identified". 6 distinction between heritage and character, Possible places might be drawn from: and the implications for the protection and • drainage channels; management of the Gold Coast's cultural • canal estates; fabric occasioned by controls for each. The • agricultural lands; management of heritage is seen to imply "a • industrial sites; sense of commitment to permanence and • government bodies; stability….a lack of change or 'keeping' • architectural styles of the Gold Coast; aspects of the built or natural environment • nodes of transportation; for future generations" while "urban • locations associated with the beach character is more usually an evolving or culture; developing quality and [hence its • introduced landscaping; management] is dependent upon less • tangible or measurable quantities than long views of the city and hinterland; heritage". 3 Controlled change which and, • incorporates development and icons of the city, for example the Pink Poodle Motel, the Miami Ice Works, redevelopment is purported to be the crucial 7 element in achieving the conservation of etc. character. The protection and management Protection and Management of of character on the Gold Coast is given Cultural Heritage and Character greater currency than heritage, as it is more compatible with "a city whose ethos has The heritage and urban study offers 21 traditionally been one of change and recommendations for the conservation and growth". 4 There is a place for the protection protection of the Gold Coast's heritage and and management of cultural heritage, character. The first seven address the need however the study assigns it limited for the Gold Coast's heritage and character application in Gold Coast Planning to be recognised and embraced, including Schemes. the need for additional studies and investigation to further expose the Identification significance of the region's heritage and The Gold Coast Urban Heritage and character. The final 15 recommendations Character Study identifies nine broad nominate the ways Council (and other 'character areas', and within these a further groups) can protect and manage places of 15 areas of more specific urban character. cultural heritage and character significance.

Sites and places of cultural heritage are The recommendations are: recognised within and beyond the various 1. Embrace the diversity of the heritage character areas. These individual structures and character of the Gold Coast have been identified by the community as 2. Establish a history program for the city. having "such value that their retention in 3. Pursue a better understanding, perpetuity is considered important". 5 It is recognition and support of community recognised that current listings of places of values of the Gold Coast. cultural heritage significance held by the 4. Undertake a study of twentieth century National Trust, the Queensland Heritage architecture. Council and the Australian Heritage 5. Demonstrate graphically, the city's Commission are unrepresentative of the history of development. diversity of the heritage of the Gold Coast. 6. Bring together the findings of this study To remedy the imbalance, the document and the Nature Conservation Strategy. suggest "the various themes of history at the Gold Coast identified in the study might act

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7. Assign responsibility for dealing with Comments urban heritage and character matters to particular officers. There is an emphasis in the study on the protection and management of character, 8. Establish formal association with groups seen as a more viable option for the culture such as the Cultural Heritage Branch of of the Gold Coast, although heritage has its the Environmental Protection Agency. 9. Establish a thematic database (from place. Can this be read as the pressure of community consultation). development setting the parameters of protection and management of the Gold 10. Research the opinions of tourists. Coast's cultural fabric, rather than heritage 11. Communicate with residents and tourists and character setting the parameters of to engender support and inform them of development? initiatives designed to achieve protection and management. 12. Provide professional or technical advice BUILDING SUSTAINABLE to the community. COMMUNITIES: DRAFT 13. Initiate local area action. STRATEGIC PLAN 14. Adopt an incentive scheme. The Draft Strategic Plan , "addresses the 15. Establish a heritage fund. elements of the natural environment, 16. Enter into heritage agreements with economic development and community property owners to support number 14 development" on the Gold Coast. 9 It above. includes comment on the protection and 17. Establish a program for the survey and management of cultural heritage and listing of significant places. environments. 18. Support local character through urban design. The document is very general in its coverage 19. Examine whether there are places in the of the issues across the Gold Coast. The city where the rate of change may be section entitled "Principal Elements" refers slowed. to objectives and initiatives related to the 20. Lead by example (Council owned protection and management of natural properties). environments and cultural heritage. The 21. Conferences/Involvement of section entitled "Principal Strategies" Universities. expands these discussions.

The City Council specifically, can promote The Natural Environment the protection and management of heritage The document states: and character via town planning/urban Conservation and maintenance of the design and Heritage Legislation and Gold Coast's natural environment is an incentives schemes. The study recognises important objective of this Strategic Plan. that several of these initiatives oppose the Strategies and controls are directed traditional ethos of many Gold Coast City towards maintaining the quality of the Councils, residents and visitors of the Gold Coast's air, water, soil and 10 desirability of continuing growth and biological resources. change. Yet recently, there has been • Three environment objectives are then increasing recognition of the desirability of nominated, and key initiatives to achieve identifying and protecting the Gold Coast's these objectives are identified. heritage and character, and of the urgency 1. To protect the health of ecological with which this needs to be executed given systems and the biodiversity they the exceptional growth of the South East support, and to identify, protect and 8 Queensland region. enhance those parts of the City that have significant values for nature conservation or landscape interest. Initiatives:

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(a) to protect the areas identified as to the population of the Gold Coast 'Large Habitat Systems'. and to those of adjoining local (b) to conserve the habitat values of all government areas. land in the city. (e) to encourage and support the (c) to protect and support the areas reconstruction of wetlands as part of designated as being of World the operation of an integrated water Heritage significance within the city resources management system. and adjacent to the city's boundaries. (f) to ensure that storm water runoff is (d) to protect and enhance the sites discharged into appropriate treatment identified as important habitat for areas prior to discharge into the migratory birds, subject to the stream, river and estuarine waters of RAMSAR agreements to which the city. Australia is a signatory. (g) to support and complement the land use and development initiatives of the (e) to define an 'edge' to the city's urban 12 area, particularly on its western side, Moreton Bay Strategic Plan. to maintain a distinction between the 3. To conserve land and soil resources and built up and the natural areas of the minimise the impacts of land use and city. development activity on landform (f) to ensure that new development in integrity and soil quality. the hinterland is consistent with the Initiatives: nature conservation values of this (a) to implement the State Government extensive part of the city. Planning Policy for the protection of (g) to support the introduction of significant agricultural lands. voluntary regulatory mechanisms to (b) to prepare and implement a policy protect land for conservation and guidelines for Land Use and purposes, such as a specific Development on Steep Slopes. 'Conservation Zone'. (c) to implement an Acid Sulfate Soils (h) to provide explicit guidelines for the Policy for new development within selection of land to be dedicated for the city. 13 Open Space purposes by developers to ensure that this land is acceptable Cultural Heritage for nature conservation or open space use, and is complementary to the Cultural Heritage is addressed briefly in this identified open space system of the "Principal Elements" section of the city. 11 document. The nominated objective is: 2. To conserve water resources, protect river systems and water bodies and to 1. To create urban areas that have a protect and enhance water quality. distinctive and recognisable character and sense of place, and to celebrate Initiatives: cultural heritage and opportunities for (a) to ensure that the integrity of the community interaction and individual drainage catchment areas participation. as shown on the River Catchments and Landform Map is maintained. Initiatives: (a) to promote cultural heritage and (b) to consider the potential impact of awareness through the land use and development proposals implementation of the Gold Coast on the drainage catchments in which Urban Heritage and Character Study. they are located. (b) to require applications for (c) to support the preparation of development to address the cultural integrated catchment management and heritage values of the site or plans for individual catchments and surroundings, where appropriate. sub-catchments within the city. (c) to address the cultural and heritage (d) to protect the water catchments that values of Indigenous and European are designated for the supply of water

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settlement through the gathering of undertake detailed heritage assessment of information and through the those parts of the city with remaining involvement of Indigenous people in buildings of potential heritage the planning process. significance, including Southport, Chapters 4.11 and 4.12 expand the topics of Burleigh, Coolangatta and the hinterland settlements. 17 'heritage and character', and 'city image and townscape'. The protection and management of the Gold Coast's urban character was referred to in Urban Heritage and the chapter's second nominated objective: Character Strategy ensure the conservation and enhancement The acknowledged purpose of the heritage of local urban character and the promotion of distinctive identities for the and character study is to identify and protect individual communities of the Gold places and objects of significant heritage Coast. 18 value; and to provide the foundation for the conservation and enhancement of local Nine major character areas were identified, character. 14 and new development should respect and enhance the local urban character of each. In order to maintain the urban heritage of The recommended initiative was to: the Gold Coast, the following objective was undertake a program of Local Area Plans nominated: to enhance local character which are developed in consultation with the identification and protection of places and individual local community groups and objects of recognised heritage representatives. 19 significance, which are excellent examples of their type and representative of particular periods or particular City Image and activities of the Gold Coast's history, Townscape Strategy culture and development. 15 The townscape of the Gold Coast consists of More specific goals were then identified, for a few very strong elements that occur in a example: distinct pattern as one moves inland: the • preserve and protect places and high rises that cling to the coastline; canal objects included in the Register of the developments; low rise, low density urban National Estate, the Queensland areas and hinterland villages; rural Heritage Register and the National landscapes of canelands and hinterland Trust Register; valleys; and the natural landscapes of the • encourage the retention and Springbrook Plateau and the hinterland preservation of places and objects of ranges and mountains. In order to retain and Indigenous cultural significance; protect these natural and constructed • consider measures to slow the rate of features, the following strategic objectives change and development in areas of were identified: the city with recognised heritage • maintain and enhance the natural and values; physical features and characteristics • encourage the retention of contributing to the distinctive form of representative examples of early canal the city - as the city develops, estates, agricultural industries, surf particular care will be required where life-saving clubs and kiosks, early urban activity impacts upon those transportation infrastructure, drainage dominant natural features which form channels, etc; part of the townscape. • encourage retention of individual trees • the key elements of the townscape or landscaping elements. 16 must be enhanced by any new The key initiative designed to achieve the development. protection of the city's urban heritage was • the rural landscapes of the City must given as: be maintained in their extent and

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diversity, and their clear distinction Nonetheless, an urgent need for general from the urban areas of the city must operational standards is acknowledged so as 20 be preserved. to allow problem areas and issues to be No initiatives are suggested for achieving identified early in the development process. these objectives. Strategic guidelines for protection were indentified as follows: Ecologically Sustainable Development • Decisions should always favour a The "Principal Elements" section also cautious approach. includes a discussion of ecologically • The management of remnant sustainable development (ESD) and how this vegetation and natural systems should was to be incorporated into the planning be considered in terms of overall scheme. ESD is of relevance to methods of landscape/catchment management. protection and management of the natural • All natural areas are important and environment and cultural heritage. 21 even small losses will affect the long term viability of the entire system. There is recognition that sustainable • Conservation status should be assess development is influenced by provisions for in relation to both potential threats and the natural environment and the needs of ecological significance. future generations. The management of land • Assessment of ecological significance use and development in a sustainable should not be used to devalue manner is identified as a fundamental aim of elements in the natural system. 22 the Strategic Plan. • Existing bushland for rehabilitation swaps should be very carefully The Strategic Plan also recognises the evaluated. significance places in the landscape acquire • All natural areas need to be managed. for the community and of the need for some continuity of local character for social and • The excuse that funds are not adequate cultural sustainability. to improve remnant management should not be used to dismiss the necessity to improve existing Gold Coast Nature Conservation management standards. Strategy Volume 2 • The polluter should pay. 25 This nature conservation strategy was completed in 1997 by "Ecograph", in association with Mary Maher and Strategic guidelines for rehabilitation are Associates. It suggested management identified as follows: • guidelines to be adopted by the GCCC for Corridors should be placed to link remnant vegetation which is of high the conservation and protection of the Gold biodiversity. Coast's nature. The consultants came to the • conclusion that there is little evidence of A simple planning and management continuing bushland losses, and that plan of the revegetation site may need to be considered where rehabilitation conservation efforts would be best targeted is over an extensive area. at the rehabilitation and maintenance of existing bushland areas. 23 Recognition was • Ensure that 'rehabilitation' means the also given to the extreme difficulty of restoration of degraded vegetation to constructing generalised operational rules as near as is practical to the previous naturally occurring native vegetation which have universal, or even regional on that site. ecological validity, and as a result • recommended suitably trained and Recognition that weedy areas have a ecologically qualified officers should assess role as wildlife habitat and land 24 clearing for regeneration work should each area on its ecological merits. consider this impact with

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planting/maintenance techniques the protection of Indigenous cultural developed accordingly. heritage values. 30 • Management of threatened species requires the formulation of action The Urban Heritage and Character plans. 26 provisions aim to facilitate the conservation of the urban heritage and character of the Priority Issues City in the land use and development The consultants outlined three broad areas planning process. The development where Council involvement is crucial: requirements outlined in the draft planning • scheme are not of a very strict nature. There Overall protection and management of is no certainty that Council will refuse or natural areas. This is achieved through: require modification to a development proposal to protect identified urban heritage 1. Council operations or character value. 31 2. Planning and Development Control • Areas or resources that are of 3. Additional data requirements and ecological significance are addressed future studies 27 in the "Nature Conservation Provisions". • Habitat specific priorities. The following major community types The purpose of the Nature Conservation require priority attention: Provisions is to ensure that development 1. Lowland eucalypt communities contributes to the retention and enhancement 2. Riparian and wetland areas of a viable conservation network, thereby 3. Coastal Heathland ensuring the protection and maintenance of 4. Melaleuca forests the City's biological diversity for its cultural, • Species specific priorities 28 economic, educational, environmental, scientific and social value.

INTEGRATED PLANNING ACT The draft planning scheme aims to protect 1997 natural areas through a process of The Gold Coast City Council has published identifying the varying types of habitats, and some preliminary documents developed establishing the development requirements under the Integrated Planning Act 1997 . needed to maintain each area of ecological 32 • Areas or places of cultural heritage significance. significance are addressed in the "Indigenous Cultural Heritage Provisions" and "Urban Heritage and Character" sections. The stated purpose of the Indigenous SOUTH BRISBANE Cultural Heritage Provisions is "to ensure The South Brisbane case study area falls that Indigenous cultural heritage values are within the province of the Brisbane City protected through the use of careful land use 29 Council (BCC). The Council is relatively planning processes". To this end, advanced in its development of a new development requirements are designed to planning scheme consistent with the ensure that where a site is found to contain Integrated Planning Act 1997 (titled City places or artifacts of Indigenous cultural Plan ), and anticipates its formal introduction heritage (ICH) value, the design, in the year 2000. A heritage study for much construction and maintenance of the of the case study areas was completed in development activity will provide for the 1993: the South Brisbane Area Heritage protection and conservation of those ICH Study , the findings and recommendations of values. It would appear these development which have been used in the development of requirements will be effective in achieving

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a Local Area Plan for South Brisbane in City places". (More flexibility would be Plan . applied to development or works for places of contributory significance). 37 SOUTH BRISBANE AREA Development and works considered to be HERITAGE STUDY 'permissible development' were also outlined The stated aim of the South Brisbane Area in this section. Heritage Study is "to conserve significant heritage places and places of contributory Finally, the Development Control Plan significance identified within the planned would recognise that not all heritage places area, by retaining them". 33 To this end, the can continue to be viable in their original study identified 93 "significant heritage use, and thus would provide for a range of places", consisting of individual sites, and alternative uses, subject to the consent of 30 "places of contributory significance", Council. Particular attention would be paid which tend to be substantial portions of to any adverse affects on the amenity of 38 various streets - that is, streetscapes which adjacent areas. contribute to the heritage significance of the 2. Provide design guidelines for heritage area. The study gives recognition to the need places and places of contributory for further investigation into several significance. Where an application is significant areas of housing character in made to the Council to conduct South Brisbane. Such an investigation was alterations or restorative work to an beyond the scope of this heritage study. 34 identified place, the work would be required to comply with the following Council Approach design guidelines: The study establishes early, the style of • Building Envelope: alterations and approach the Brisbane City Council (BCC) restoration must retain, or where would adopt to achieve its stated aim: removed, reinstate, the materials and/or design originally used. 39 The requirements for heritage conservation in the South Brisbane area • Shopfronts: must incorporate are designed to achieve conservation by design and materials appropriate negotiation, not inflexible legislation. for the original construction. They are largely a matter of goodwill and • Verandahs/suspended awnings: good sense….They do not aim to stifle 35 reinstatement or restoration of progress…. verandahs and suspended awnings Indeed, in those areas of South Brisbane that is encouraged where these are under some pressure for redevelopment, formerly existed. 'controlled development' is urged, 'with • Advertising Signs: any new significant places being retained and their advertising signs on buildings must surroundings being sympathetically be consistent with traditional designed'. 36 locations, form and character; and limits are placed on the size and Draft Heritage Provisions for the number of signs of any home occupation or cottage retail. South Brisbane Area Development • Control Plan The painting or repainting of a site, is to employ "appropriate heritage The BCC, through the South Brisbane Area colour schemes". 40 Development Control Plan, would provide for the protection and management of the 3. Provide design guidelines for infill area's cultural heritage and character using development. Any new development three methods. should be sympathetic with the surrounding heritage places and places 1. Establish provisions to retain of contributory significance, and identified sites, especially the enhance and complement the individual "significant heritage established urban character of the

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area. To this end, restrictions and Valuable Features requirements are to be placed on the following elements of new The City Plan makes provisions for the developments: "valuable features" of the City of Brisbane. Given a portion of the area included in this • scale and bulk study does not fall within the South Brisbane • height local plan area, it is important to identify the • orientation broader, city-wide provisions of general • building setbacks application. • façade design • Resources and areas of ecological It is not intended that new development significance are identified and protected 41 imitate historical building styles. through the Area allocations, in particular the "Green Space Areas". The Listing with the Queensland Heritage City Plan identifies five Green Space Register Areas: conservation area; parkland area; The study recommended, "those places that sport and recreation area; environmental are deemed to have potential state heritage area and rural area. For each of the significance should be nominated to the Green Space Areas "desired Heritage Council for registration on its environmental outcomes" were list". 42 identified as well as relevant City Council Codes that must be consulted Places included on the Queensland Heritage when constructing various forms of development in any of the five Green Register would be afforded protection and 43 management through the provisions of the Space Areas. The City's waterways Queensland Heritage Act 1992. (Some of the and wetlands are also protected through identified heritage places are already Area allocations and Development included in the Queensland Heritage Codes. The Biodiversity Code provides Register). particular protection to resources or areas of ecological significance. 44 Comments Finally, the City Council Heritage 45 • Concentration on external appearance Register will provide protection to and integrity. areas of high ecological significance identified and included in the list. This [Brisbane] City Plan will be land identified in the Green Space Areas and will automatically The 1999 BCC draft City Plan was prepared include sites, features and places under the Integrated Planning Act 1997 . It is formally recognised by other levels of a combination of a substantial body of government as worthy of special planning work undertaken by the Council consideration. 46 over recent years, including local area • Areas contributing significantly to planning undertaken by the Council in a amenity include areas of scenic value, rolling program covering many areas of the and attractive built environments. Areas city. Where this has occurred, area-specific of scenic value are identified in the local plans have been included in the City Green Space System, and like areas and Plan . These local plans include provisions resources of ecological significance, are which override any conflicting or differing offered protection via the relevant codes provisions that occur elsewhere in the City that apply to any proposed development Plan . The South Brisbane area has its own in the area. Local Plans for specific local plan, and has incorporated the South areas may also include requirements Brisbane Area Heritage Study . which function to protect scenic value. Attractive built environments are identified in the City Plan as the

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character housing in the older suburbs of different "precincts" (which reflect those Brisbane. These areas are afforded established in the South Brisbane Heritage protection by identifying demolition Study ). A description of what each precinct control precincts and applying various is intended to include and exclude is detailed Development Codes. in the first section of the South Brisbane • The City Plan includes provisions for Local Plan. To achieve these intended the protection of Indigenous and non- outcomes, "acceptable solutions" are made Indigenous cultural heritage . Areas or applicable to assessable development in each places of cultural heritage significance of the precincts. These solutions may vary or will be included in a city-wide Heritage be in addition to the acceptable solutions set Register, and "the significance of places out in relevant code/s. The solutions are very listed in the Heritage Register will be brief and necessarily general. The "valuable considered when assessing a feature" they address is amenity (and only development application. Development two of the 17 precincts do so in any great that adversely affects significance is detail). likely to be refused". 47 The Heritage Place Code ensures further protection by More attention is given to amenity and regulating development on the listed heritage in the latter part of the South site, and on places adjoining these sites. Brisbane Local Plan. An urban design The code also offers protection to places framework for each site in the Local Plan is of heritage value which may be identified to ensure: identified at the time of assessing a • a common design element is development application. Finally, introduced and a cohesive streetscape conservation work will be executed in results from integrating the civic accordance with the principles of the works of the street with the built form Burra Charter . and landscape treatment of the 50 • Resources or areas of economic value properties fronting the street; [and] have been identified in particular areas • the design of buildings respects their such as the Extractive Industry Area or context…51 multi-purpose centres. This has been To this end, detail is given on proposed done to protect the economic viability of types of façade treatments, plantings, the areas/resources of economic value. 48 development of important corner sites,

awnings and character buildings and These 'valuable features' have been included streetscapes. Character buildings and in the broader "desired environmental streetscapes recommended for retention are outcomes" (DEOs) for the city. Strategies to those that were identified in the South achieve DEOs are outlined in the City Plan Brisbane Area Heritage Study , as are the which also identifies performance indicators design guidelines which apply to these to measure the success of the Plan in properties. achieving these outcomes. Development Codes The Council will achieve the DEOs for the city through the City Plan and the corporate As indicated above, various development codes are included in the City Plan which planning and budget processes. They are address the issues identified under 'valuable also complemented by Area and Local features'. Some of the notable examples are: Plans, which provide DEO provisions in greater detail. 49 Biodiversity, Commercial Character Buildings; Demolition; Extractive Industry; South Brisbane Local Plan Heritage Places; and Waterways. These codes are invoked by various forms of The South Brisbane Local Plan is intended development, including material change of as a Development Control Plan. The area covered by the plan is separated into 17

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use, subdivision, operational work and management. Importantly, it made building work. 52 recommendations for the inclusion of appropriate provisions into the Council's Policies Strategic Plan and other planning The City Plan includes Planning Scheme documents. 54 Policies under the Integrated Planning Act 1997 . Their purpose is to provide guidelines The study recognised the Strategic Plan to assist in the submission of development included some references to cultural proposals and material to support the Codes landscape elements in such sections as contained in the Plan. Examples include: "tourist facilities", "natural environment", Heritage Register Policy; Natural Assets "Pumicestone Passage Catchment Area", Policy and Green Space and Residential and "Scenic Areas", and within various Areas Impact Assessment Policy. 53 preferred dominant land use designations. The consultants recommended the inclusion of specific provisions/objectives which would require development proposals to demonstrate how cultural landscape values GLASS HOUSE had been considered, and what MOUNTAINS REGION modifications to their design would protect the cultural landscape values. 55 These The Glass House Mountains Region case provisions are as follows. study area (a selected area within the Objectives and Supporting Provisions Regional Forest Agreement) falls predominantly within the boundaries of the for Protection Caloundra Shire (a small portion is governed 1. To protect those areas of the city with by the Caboolture Shire Council). The both high levels of cultural scenic- Caloundra City Council (CCC) is in the very quality and landscape sensitivities. initial stages of developing a new planning Four scenic landscape Management Areas scheme consistent with the Integrated were identified: Planning Act 1997 , and is yet to release a Area A : areas where the highest cultural "Statement of Proposals". The current values and sensitivity coincide. They are to planning scheme for the CCC dates to 1996. be afforded maximum protection. Provisions As noted below, it is almost silent on issues include: of heritage, landscapes, amenity/character • small scale development may be given and environment. approval where it is documented,

planned and designed to fully A Cultural Landscape Study for CCC was accommodate or enhance the critical completed in 1996 and it is not yet known cultural and scenic values of the area. how its recommendations will be addressed • Alterations or extensions to existing in the new planning scheme. Some state uses are permitted, provided they are government reports regarding Pumicestone minor and have no significant impact on Passage, its catchment and Bribie Island will the values of the area. need to be addressed in the new planning • scheme also. Any application for development in Area A must be accompanied by an 56 Caloundra City Council Cultural Environmental Impact Study.

Landscape Study Area B : although not as critical as Area A, The Cultural Landscape Study was the values are still highly significant to the conducted to provide a description and maintenance of the cultural values and evaluation of the cultural heritage sites of landscape character of the city and the the Caloundra area for the purposes of locality. assessment, conservation, planning and

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• small to medium scale development that • keep the existing natural and scenic does not cause major or significant features dominant; change may be permitted. • maintain the existing cultural and scenic • any landscape alterations must not be characteristics of the views from visually dominant, alter the cultural and significant viewpoints; scenic quality, or landscape character, of • maintain the dominance of the cultural the locality. 57 and scenic values of the existing setting of cultural and scenic destinations. 61 Area C : medium to low scenic-cultural quality and moderate to low sensitivity. 4. To ensure the protection and • development, including alterations, must management of the cultural landscape be planned and designed to be in values of the designated landscape character with surrounding uses and features, scenic cultural places and landscape. 58 townships of the city. • These features are included in the Site Area D : places requiring rehabilitation. Register. Development proposals will • Conditions requiring the rehabilitation need to show how they will: or restoration of the landscape character (i) maintain the distinct identity of of the area may be placed on new village/coastal townships in their rural or development or extensions to existing seaside setting through preservation development. or enhancement of those features that give individuality. All development must consider the high (ii) maintain cultural places and scenic quality and cultural significance and features that contribute to the distinctness of the role that the site, area or locality plays in the landscape amenity of that locality or particular scenic or distinctive views from landscape district. 62 59 the major and designated scenic routes. 2. To ensure the protection and 5. To identify and protect the values of management of the scenic cultural and archaeological and cultural heritage scenic landscape values of designated sites within the Caloundra City area. cultural scenic routes and viewpoints • of the city. All sites with "category 3" significance in the Register are to be protected from Twelve Landscape Districts were identified: development that alters their values. • Development proposals should • Any application for development on a recognise the distinct identity of each site adjacent to a category 3 site will district; protect the landscape need to include an Environmental characteristics of edges of each district; Impact Study. 63 and incorporate proposals for the enhancement of the cultural amenity of the landscape through rehabilitation. 60 6. To preserve the sites, places and precincts with significant buildings for Caloundra's heritage. 3. To ensure the protection and • management of the scenic cultural and Buildings given category 3 status shall scenic landscape values of the not have their heritage values altered by designated cultural scenic routes and destruction, removal from their original viewpoints of the city. site, out of character alterations or The study identified five designated scenic inappropriate forms of scale and types of routes. Any development visible from these development on adjacent lands. • routes or major viewpoints and nodes must Any development on a category 3 site demonstrate how it will: must be preceded by a conservation management plan.

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• Development on a category 2 site will applicant at the request of the be proceeded by a study to ensure values Council; or and character of the site are not lost. 64 (ii) redesign of the proposal.

CALOUNDRA CITY COUNCIL REVISED PLANNING SCHEME PUMICESTONE PASSAGE, ITS The current CCC Planning Scheme is almost CATCHMENT AND BRIBIE silent on the issues under examination in this ISLAND: Draft Integrated report. A brief statement is given regarding Management Strategy (IMS) "aesthetics and amenity" and "environmental November 1993 management". The IMS was a Queensland Government Aesthetics and Amenity initiative designed to secure the long-term protection of the Pumicestone Passage, its Purpose : catchment and Bribie Island following an To encourage new development which is observed decline in some natural attributes compatible with the locality in which it of the catchment and continuing pressure for occurs. further development. 65 It was prepared under Requirements to be met : the guidance of a steering committee In considering any application made under comprising representatives from various this Planning Scheme, the Council or its Queensland Government Departments and delegate may require the redesign of a the Caloundra and Caboolture Shire proposal if it considers that it would affect Councils. 66 the amenity or likely amenity of the locality or not be in keeping with the character of the The overall objective of the draft IMS was surrounding neighbourhood. to ensure the sustainable use of resources of Environmental Management Pumicestone Passage and its tributaries, while maintaining its environmental values. Purpose : The major passage values were identified as: To encourage the incorporation of Best • its international, national and regional Practice Environmental Management and ecosystem value the requirements of applicable Queensland • its marine and wetland conservation and Commonwealth environmental value legislation in the construction and conduct • its regional economic values of a particular use, development or • its recreation and tourism value subdivision. • its educational and scientific interests Requirements to be met :

(a) Best Practice Environmental The major catchment environmental values Management is required to be applied to were identified as: subdivision works, development and • its wetlands and heathlands particular uses including drainage and • its sites of cultural heritage waste water management. • (b) In considering any application made its surface and groundwater supplies • under this Planning Scheme, Council or its recreation and tourism values • its delegate may consider whether its aesthetic and visual quality relevant Queensland and • its regional economic significance, Commonwealth legislation in relation to including agriculture, forestry and 67 environmental management and extractive industry. protection is applicable, and the following may be required: The draft IMS proposed simultaneous action (i) an environmental audit, evaluation or in four areas: investigation provided by the 1. Planning instruments and policies 2. Community awareness

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3. Best management practices Coordinating Committee; and implementing, 4. Further studies (monitoring and in conjunction with the Caboolture and auditing) 68 Caloundra Shire Councils, zoning schemes and other measures to protect the catchment It was recognised that planning instruments from forms of land use that would ultimately and policies would be most effective with poison the Passage. The plan recognises the integrated state and local government crucial importance of winning the policies and programs. The planning cooperation and involvement of local instruments and policies open to the government in achieving this. It was also Caloundra and Caboolture Councils to foreseen that other measures would be implement the draft IMS were: developed with local governments involving • planning controls (strategic and strategies to manage drainage and critical development control plans, town areas of natural wetland. 71 planning schemes and by-laws) • subdivision and building controls

Strategic plans were identified as being particularly effective management and THE WET TROPICS protection tools, especially when developed The Wet Tropics case study area extends by all authorities concerned. from Oak Beach in the south to Cedar Bay

in the north, and incorporates the settlements The Draft IMS recommended the strategic of Port Douglas, Mossman, Daintree, Ayton plans of the two local governments be and Wujal Wujal, and the Daintree National reviewed to ensure they were consistent with Park (hereafter referred to as the "Douglas the management strategy. 69 area"). Refer to map of area in Report 4. Archaeological Component Study The Douglas area is the responsibility of the The Archaeological Component Study made Douglas Shire Council. The Douglas Shire rudimentary recommendations for the Council intends a conversion of its 1996 development of a management plan for Planning Scheme to make it IPA compliant, 'Aboriginal and Historical heritage 70 rather than drafting a new Planning Scheme sites/places in the study area'. under the Integrated Planning Act 1997 . Other documents reviewed in this report for PUMICESTONE PASSAGE: the Wet Tropics area include the Wet Protecting lifestyles and the Tropics Management Plan and the Coastal environment Landscapes of Queensland study. This report was published by the Queensland Government in June 1995. It WET TROPICS MANAGEMENT stated, 'the prospect of widespread PLAN development in the catchment area threatens The Wet Tropics World Heritage Area to destroy the fragile environment of the covers an extensive stretch of Queensland's Passage'. This report was the publication of coastal and near-coastal reaches, from just the government's plan to secure the future of north of Townsville to just north of Pumicestone Passage and its catchment. The Cooktown. The more northern portions of plan included purchasing/reserving, and this World Heritage Area fall within the preserving 3816 ha of land (including the bounds of this case study. gazettal of 1300 ha of Crown Land as National Parks); managing the Pumicestone In 1998, the Wet Tropics Management Plan Passage Marine Park; managing the was passed as subordinate legislation in the Pumicestone Passage catchment through an Queensland parliament, and constitutes the Integrated Catchment Management latest tool designed for the protection and

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management of the natural heritage values Protection Through Partnerships , is to of the Wet Tropics Area. It follows a decade divide the area into four management zones. of earlier developments: Inclusion of land into one of the zones is 1988 Wet Tropics of Queensland added to determined according to set criteria. The the World Heritage List zones do not overlap, therefore land can be 1990 Commonwealth and Queensland included in one zone only. Appendix 1 gives governments set up a management a summary of the land included in each scheme for the area zone, the physical and social setting, the 1992 Wet Tropics Management Authority management purpose , and the procedures established by the two levels of used to generate the zoning. Once the land government has been categorised, the management plan 1993 Legislation for the protection and attempts to fulfil Australia's obligation to management of the area enacted in manage and protect this World Heritage area Queensland: Wet Tropics World through a process of specifying activities Heritage Protection and Management which may have a detrimental impact on the Act 1993 natural heritage values in any of the four 1994 Commonwealth Legislation: Wet zones to be either prohibited, allowed or Tropics of Queensland World allowed under permit in an attempt to fulfil Heritage Area Conservation Act 1994 Australia's obligation to manage and protect 1995 Draft Wet Tropics Plan released this World Heritage area (see Appendix 2). 1997 Protection Through Partnerships: In deciding permit applications, Policies for Implementation of the consideration must be given to whether there Wet Tropics Plan would be net detriment to the integrity of the World Heritage area, have regard to prudent Responsibility for the preparation of the Wet and feasible alternatives, and any other Tropics Management Plan was given to the heritage and community considerations Wet Tropics Management Authority (the relevant to the application. 74 'Authority'). The response was the Wet Tropics Management Plan 1998 , which Management Bodies provided the legal framework for This method of protecting and managing the management of the area; and the document natural heritage values of the Wet Tropics Protection Through Partnerships , which via a system of zones and prescribed details the policy framework guiding permissible activities for each, is tempered decisions made under the legislation. 72 by a larger bureaucratic reality. For, while the Management Plan has effect across the Primary Goal whole listed area, the day-to-day field The "Primary Goal" guiding the management of the Wet Tropics World Management Authority and the management Heritage Area is primarily the responsibility plan is to implement Australia's international of land managers (mostly State Government duty to "protect, conserve, present, land management agencies such as the rehabilitate and transmit to future Environmental Protection Agency and the generations the Wet Tropics World Heritage Department of Natural Resources). As a Area, within the meaning of the World result, all activities, whether allowed, Heritage Convention". 73 All land use prohibited or permitted under this plan, are decisions made within the World Heritage subject to land holder or land manager Area are to be made with this primary goal provisions, and the operation of other in mind. existing laws. Furthermore, many activities not proposed to be controlled by this plan Management Processes are regulated under other legislation, for Management Zones example, fishing is controlled under the The general management technique to be Queensland Fisheries Act 1994. 75 applied to the Wet Tropics, as outlined in

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Thus, one of the primary roles of the practice developed cooperatively Authority, and crucial to successful between the Authority and Local management of the area, is as a coordinating Government. body - "it seeks to form effective • The Tourism Industry : cooperative partnerships with government land management with the tourism industry management agencies and key sectoral will be sought in order to ensure that groups to facilitate complementary tourism developments and activities are management of the area in accordance with ecologically sustainable and benefit the the Primary Goal". 76 Key stakeholders area. 77 include: • Environmental Protection Agency : the Protection of Natural and Cultural EPA manages commercial tour Values operations (including permit issue) and The policy framework outlined in Protection maintains infrastructure and public Through Partnerships includes extensive contact in areas under its management. provisions for the conservation of the flora The EPA also has statutory responsibility and fauna of the World Heritage Area. for the protection of cultural heritage in When considering whether to issue a permit Queensland. for an activity, the decision maker must have • Department of Natural Resources : the regard to the information in the "Flora and DNR is responsible for land Fauna Conservation Guidelines". These administration, resources management, guidelines provide information on land information and regional threatened and vulnerable species and infrastructure development. Its communities, poorly known areas, specific operational focus is to support the species and habitat species and general economic growth of Queensland through guidelines to protect these natural heritage the sustainable use, development and resources. Mention is also made of feral management of land, water and native animals. The policy directive is that the vegetation resources. control and/or eradication of feral species • Department of Main Roads : Main within or immediately adjacent to the area Roads is responsible for the management should be achieved through direct methods, of State-controlled roads in the area. such as trapping, and indirect methods such Their construction and maintenance will as habitat manipulation, rehabilitation and be managed according to agreed codes of community education. 78 practice developed between the Authority and Main Roads. There is recognition that Aboriginal natural • Department of Primary Industries : the and cultural values are inseparable. The DPI is responsible for the promotion of EPA, as the lead agency for managing agriculture (including fisheries) and cultural heritage in the area is assigned forestry operations in an ecologically and responsibility to develop a cultural heritage economically sustainable way. strategy for the identification, management • Local Government : local government is and protection of cultural sites and responsible for preparing and landscapes in the area in consultation with implementing local government planning Aboriginal peoples. 79 schemes and local laws, maintaining Sustainable Tourism local roads, bridges and airports, managing local government reserves, and Where research or monitoring indicates the managing water supply and resource provision of visitor opportunities seriously extraction (quarries). Local Government threatens World Heritage values, the also makes decisions on development protection of threatened values will have applications. Maintenance of Local precedence. 80 Government community infrastructure will be managed under agreed codes of

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Resource Use high visual integrity. Rugged terrain, extreme climate and the inaccessibility of Most forms of resource use will be allowed much of the Wet Tropical Coast account for to continue, managed by the existing the high integrity of the landscapes. While government bodies. 81 the study focused on those areas that are of Comments scenic significance, recognition was given to cultural significance in each of the • Given the range of legislation having landscapes in an effort to "balance the effect within the World Heritage area, evaluation of scenic significance". 82 The proposals for coordinating the appendix of the report included a summary management and protection of its natural of landscape associations for each of the cultural resources are commendable. landscapes identified. 83 They are relatively thorough, although necessarily general. The "Landscape Settings" included in the Cape Tribulation Coastal Landscape area The plan makes very brief mention of the were: protection and management of cultural • Bloomfield River heritage however, and this is of concern. • Ayton South

• Mount Cowie • The Management Authority has no • Melissa Creek control over land parcels adjacent to the • World Heritage area. There is concern Donovan Creek • about the possible impacts of land use in Cape Tribulation Beach • adjacent areas, on the continuing Noah Head integrity of the World Heritage area. • Noah Creek • Alexandria Bay • It is also possible that land adjacent to the • Cow Bay World Heritage area has been made more • Mount Alexandra vulnerable by the heritage listing. The landscape settings of the Mossman/Port COASTAL LANDSCAPES OF Douglas Coastal Landscape area falling QUEENSLAND: Stage One (Wet within the case study area include: Tropics Coast Region) • Wonga Beach • This study was completed in 1997 for the Mowbray River • Queensland Department of Environment Yule Point • (now the Environmental Protection Agency), Pebbly Beach • Coastal Management Branch, to guide land Oak Beach Hinterland use planning in the coastal zone of Those settings appearing in bold were Queensland. The 'Wet Tropics Coast Region' recognised as having very high scenic extends form the southern boundary of the significance. The remaining five settings Hinchenbrook Shire, to the Bloomfield were accorded high scenic significance. River. For the purposes of the designated case study area, provisions for the protection Within the Cape Tribulation area, the and management of the coastal landscapes identified cultural themes, places and of the 'Cape Tribulation' area and a portion associations were of a similar nature for of the 'Mossman/Port Douglas' coastal many settings: landscapes area were investigated. • part of Cape Tribulation National Park • tourist locations, including: lookouts, The findings of the study collaborated with walking tracks, sailing, fishing, camping the EPA view that the coast landscapes of • scientific, ecological, biological values the Wet Tropics have particularly high scenic values, which are generally of very

CONTESTS AND MANAGEMENT 3. Legislative Framework

Only Bloomfield River and Cow Bay were Protection of landscape values is addressed sites containing the infrastructure of in various sections of the Douglas Shire permanent settlements. Within the Planning Scheme. Some of the provisions Mossman/Port Douglas area there was a are explicitly included to afford protection, wider variety of cultural themes, places and while others are of more indirect relevance. associations, including: These provisions are included in: • Captain Cook Highway - recognised as • the central aim one of Queensland's most scenic drives • landscape-specific objectives • tourist locations, including: fishing, • tourism objectives boating, sight-seeing • various provisions included in the • cane farms objectives for 'preferred dominant land use • Indigenous sites areas' • settlements, including Port Douglas - World Heritage Areas and Areas of (historic buildings, important 19th Biological and/or scenic value century port) and the port of Mossman. - productive rural areas The report suggested the database of - tourism development nodes landscape values generated in the study • Development Control Plans for: could be utilised at a regional planning level - Mossman (including protection areas and to "identify areas where specific planning townscape) and development controls are required, and - Port Douglas (including industrial the specific types of land and scenic or areas, agriculture, special areas and cultural attributes that may be threatened by townscape) development". 84 - Daintree-Bloomfield - Wonga, Newell and Cooya COASTAL LANDSCAPES OF Most of the landscape settings identified in QUEENSLAND: Stage Two stage one in the Douglas Shire Council fall under the 'World Heritage Area' and 'High Stage Two of the Coastal Landscapes of Biological Scenic Value' designations of the Queensland Project applies the findings Planning Scheme. The scheme states the outlined in stage one to existing planning Council's intention that areas within these processes, the local government planning designations remain natural or undeveloped, process in particular. and the detailed criteria for any development that may occur within this area led the The land included in the case study area falls consultants to consider that "the coastal within the jurisdiction of the Douglas Shire landscapes with this designation would be Council. The current Douglas Shire sufficiently protected". 86 The four remaining Planning Scheme was gazetted on 20 landscape settings have been classified as December 1996. This stage two document areas which fall within the "Productive includes an analysis of the suitability of the Rural Area" and "Urban Area". The Douglas Shire Planning Scheme to protect consultants were of the opinion that while the landscape values identified in stage one. provisions for the management of these The report offered a review of the provisions areas offers some protection, they are still at in the scheme that are applicable to the some risk. 87 protection of landscape values, and then made an assessment of the ability of these The stage two report identified 10 landscape provisions to protect those landscapes with settings within the Douglas Shire that are not high and very high landscape settings. The of high or very high scenic significance. The report also made an assessment of the consultants concluded that while planning planning scheme's ability to extend provisions directly relevant to landscape protection to any remaining landscape 85 protection exist in the planning scheme to settings within the Douglas Shire. address each of these landscapes, they

CONTESTS AND MANAGEMENT 3. Legislative Framework

offered only moderate protection to these landscapes. 88 Refer to Table 3.1. Table 3.1 Perceived Level of Protection for Identified Areas, in the Douglas Shire.

IDENTIFIED AREA STRATEGIC PLAN DESIGNATION STATUS Mowbray River Urban Area, High Biological Value At Risk Pebbly Beach High Biological Value Good Protection Turtle Cove World Heritage Area Good Protection Wangetti World Heritage Area Good Protection Ayton South World Heritage Area Good Protection Mount Cowrie World Heritage Area Good Protection Melissa Creek World Heritage Area Good Protection Donovan Creek World Heritage Area Good Protection Cape Tribulation Beach World Heritage Area, High Biological Value Good Protection Noah Head Beach World Heritage Area, High Biological Value Good Protection Noah Creek World Heritage Area Good Protection Alexandra Bay World Heritage Area, High Biological Value, At Risk Productive Rural Area Mt Alexandra World Heritage Area Good Protection Ellis Beach World Heritage Area Good Protection Bloomfield River World Heritage Area, High Biological Area Good Protection Cow Bay World Heritage Area Good Protection Oak Beach Hinterland World Heritage Area, High Biological Value, At Risk Productive Rural Yule Point High Biological Value Good Protection Source: Coastal Landscapes of Queensland Project Stage Two: Wet Tropics Region , 11.

Douglas Shire Planning Scheme The Planning Scheme includes a list of sites, The analysis of the Douglas Shire Planning both Indigenous and non-Indigenous, that Scheme included in stage two of the Coastal are considered to be appropriate for Landscapes study was concentrated on protection. The scheme notes that many of provisions relating to the coastal landscapes the sites are located on publicly owned land of the Douglas Shire. A reading of the and states the Council will use its control or Planning Scheme indicates the inclusion of influence with other public authorities to provisions for heritage conservation and protect those features and/or ensure character protection also. sympathetic development in association with them. The Port Douglas Development Heritage Conctrol Plan (DCP) also provides The stated object of the heritage provision is disincentives for unsympathetic redevelopment of features located on private "to preserve places including areas, 90 buildings, landscape elements, landmarks land. and monuments which are of historical, Character cultural and/or architectural significance". 89 Cultural heritage is recognised as meaning Protection of character is afforded in section cultural, spiritual, architectural or aesthetic 1.3.7, "Community". The aim of Council is significance. to promote the development of sense of place through "landscape and townscape objectives". Development objectives

CONTESTS AND MANAGEMENT 4. Local Government Planning

included in the Scheme are designed to recognition was given to the desirability of foster distinct identities for each settlement having an Indigenous heritage study through building on existing community commissioned. 92 characteristics. In Port Douglas and environs, areas have been designated as At the time the study was completed, the areas to be protected from tourism Cook Shire Planning Scheme was under development. 91 review. It was anticipated that the study would "provide heritage input for the revised scheme", and this has been put into effect. The heritage study has been incorporated into the DCP for Cooktown. 93 CAPE YORK Forty-nine individual sites were identified in This case study area took in two areas: the the study as having significance to tip of Cape York, and Cooktown and Cooktown's cultural heritage. These were environs. Both areas fall within the then classified into themes: jurisdiction of the Cook Shire Council. The • parks and open spaces Cook Shire Council has chosen to develop a • residential new planning scheme and has published its • Statement of Proposals. The current Cook commercial • Shire Planning Scheme (1997) includes industrial • some provisions for the management and religious protection of the natural environment and • archaeological heritage and amenity/character of the Shire. Conservation Strategies It also includes a Development Control Plan for Cooktown, based partly on the Cooktown Some general tools for the protection and Heritage Study , completed in 1993. management of Cooktown's cultural heritage were proposed in the study. The consultants A small portion of the Cape York case study suggested heritage management should be area is also governed by the Torres Shire driven from support within the community, Council and the Aurukun Shire Council. with legislation providing a secondary level Aurukun has no planning scheme in place or of management assistance. in preparation. The Torres Shire Council has taken no action on developing a new Advisory Services planning scheme consistent with the Guidance, technical assistance and active Integrated Planning Act 1997 . soliciting of public cooperation are essential ingredients for community based 94 The other important document regarding heritage management. management and protection of cultural and Council could, for example, produce and natural resources on Cape York is CYPLUS provide publications which detail methods (Cape York Peninsula Land Use Strategy). of appropriate heritage management. Community Participation Effective results can be achieved through COOKTOWN AREA community participation using a committee comprising Council Cooktown Heritage Study representatives, local heritage property owners and business people working The purpose of this study was to identify the together to implement heritage streetscape heritage landmarks of Cooktown and to improvements. 95 propose methods by which these resources may be protected, enhanced and presented.

Only places of European cultural significance were included, however

CONTESTS AND MANAGEMENT 4. Local Government Planning

Development Control Plan Eight different zones are identified, A DCP for Cooktown should address including residential, business, industrial, issues of adaptations to existing buildings; rural residential, rural, village, conservation streetscape (signage, decor, etc); and and special facilities. For each of these design standards for buildings. 96 zones, the scheme prescribes prohibited, permitted and conditionally permitted uses, Heritage Awards and establishes performance criteria by which the Council will determine the The provision of heritage awards offers an appropriateness of a permissible use in each opportunity for property owners to receive public recognition for their zone. The scheme also outlines standard conservation efforts (completed in a way development and subdivision provisions that is consistent with the principles of the applicable to development within each Burra Charter and the Queensland zone. 99 Heritage Act. 97 Rate rebates could also be offered as an Conservation Zone incentive. The conservation zone is intended to protect those parts of the Shire subject to World Listing Heritage listing and other areas of value for The study recommended one site be listed nature conservation and landscape quality, with the Register of the National Estate; including areas under the Nature seven sites with the Queensland Heritage Conservation Act and the Fisheries Act . Register; and four with the National Trust. Permitted uses within the zone would be generally restricted to those uses consistent Listing with the Register of the National with relevant management principles of the Estate and the Queensland Heritage Register particular protected area, and with the would offer the nominated sites protection provisions of a management plan or under the relevant national and state heritage conservation plan prepared under the Nature acts. Conservation Act Protection and Management Act or the Wet Tropics World 100 Site Records Heritage Protection and Management Act . For each of the 49 sites of cultural heritage Other Zones significance identified, a very brief The other zones include provisions for the management recommendation was made. protection of amenity, landscaping, environment, heritage and coastal COOK SHIRE PLANNING protection. These are more fully explained in SCHEME the section entitled, "Provisions Relating to Development in all zones", and include: The Cook Shire Planning Scheme came into force in 1997. It is due to be replaced with a • Amenity new scheme compatible with the Integrated New development is to be visually Planning Act 1997 . compatible with, and not detract from, the Shire's built and natural features by reason The statement of intent included in the of height, design, orientation or materials Planning Scheme identifies the need for the used. management of the natural environment; the management of land use and development; To achieve this, the Council may impose and provision for the social and cultural 98 conditions to development, including: well-being of residents of the Shire. (i) height and bulk limitations; Zoning Provisions (ii) retention of existing significant on-site vegetation and natural landscape The Council aims to manage development elements, and preservation of features within the Shire via a system of zoning. of historic, cultural, scientific,

CONTESTS AND MANAGEMENT 4. Local Government Planning

architectural or scenic value as part of These provisions are designed to preserve the development; and 101 and protect places of Aboriginal and non- (iii) specification of building materials and Aboriginal, historic, cultural, archaeological finishes. and architectural significance in the Shire. They merely invoke Queensland legislation • Landscaping regarding sites of cultural significance Landscaping throughout the Shire is to be (Queensland Heritage Act for sites of non- visually compatible with the scale and Indigenous heritage, and the Cultural existing or planned future character of an Record (Landscapes Queensland and area. To achieve this, all development Queensland Estate) Act for areas or items of requiring Council planning approval shall be significance to Indigenous people. 104 landscaped in accordance with an approved landscape plan, which includes provision for DEVELOPMENT CONTROL PLAN - COOKTOWN the retention of existing site vegetation. AND ENVIRONS The Cook Shire Planning Scheme includes a • Environment DCP for the town of Cooktown and These provisions are intended to maintain environs. The main aim of the DCP is stated and improve the quality of the environment to be: of the Shire by protecting the Shire's natural to ensure the orderly development of the and rural landscape and places of town area and its environs and to significance; by requiring good land maximise development opportunities management and agricultural practices; by within the existing urban framework preserving wildlife habitats including whilst maintaining the historic character of the Cooktown Centre. 105 freshwater and tidal wetlands and corridors; by conserving the biodiversity of existing The DCP has application to all forms of native vegetation areas; and by protecting development requiring town planning places of cultural, historic, scientific or approvals in the DCP area. social value. The DCP includes references to various When assessing planning applications, facilities and amenities within the Cooktown Council will observe these environmental area. Of importance to this study are the goals and may impose reasonable and objectives cited under "environment". This relevant conditions to minimise and section of the DCP constitutes an adoption compensate for any potential adverse of the recommendations of the Cooktown environmental impacts of a development. Heritage Study . Council may also require an Environmental The aim of the environment element of the Impact Study to be submitted with an DCP is "to conserve where practical, the application for certain developments. 102 man-made and natural environment within 106 the DCP area". In order to achieve this • Coastal Protection aim, several objectives were identified: The coastal protection provisions are • protection of historic buildings and sites; designed to provide for and facilitate the • retention of mature trees; protection, management and rehabilitation of • encourage landscaping with native and the coastal ecosystems, landforms, natural exotic trees; processes and intrinsic and heritage values. • control building height; The provisions require any planning • retain Grassy Hill as a visual backdrop of applications involving land in a declared Cooktown; Coastal Management Control District or • control excavations and extractive Erosion Prone area, to be referred to the industries on the hills within the DCP area; 103 Environmental Protection Agency. • encourage preservation of mangroves; • control advertising signs; • Heritage

CONTESTS AND MANAGEMENT 4. Local Government Planning

• require Environmental Impact Studies to preparation of a strategy involving the be prepared for major developments; division of the Cape York Peninsula area • new developments to occur in a style and into different categories, each with specific form which will not detract from the management purposes and criteria for historical and architectural appeal of appropriate uses. Cooktown; and requirements for all developments to be 1. Category A : areas where conservation is densely landscaped. or is expected to become the dominant land use. Recommendation: an integrated Protected Area Strategy be prepared on TIP OF CAPE YORK the basis of a significance of values assessment. Cyplus Stage Two: 2. Category B : areas under extensive forms of land use, including grazing, forestry Our Land Our Future and traditional Indigenous use. CYPLUS states it is "a blueprint for Recommendation: property-based sustainable land use and economic and management plans be completed by land social development on Cape York owners/holders (except mining projects 107 Peninsula". The Strategy consists of three which will continue to be managed under phases: existing arrangements). 1. Involved data collection, issue 3. Category C : areas where intensive identification and analysis of opportunity resource utilisation is the dominant use. and constraints (1992-1995). Recommendation: as for Category 'B'. 2. Development of a coordinating strategy 4. Category D : areas include roads, for sustainable land use and economic and townships and ports. social development (1995-1997). In Categories C and D, ecologically 3. Implementation and evaluation. sustainable development principles guide the conservation and protection of downstream The emphasis during stage two was on the and off-site processes. 109 development of broad and strategic policy proposals rather than detailed policy Management of Cultural Resources development. Directly involved in the Stage 1 of CYPLUS highlighted the inter- project were regional and special interest connected relationship that exists between groups and Commonwealth and Queensland 108 natural and cultural resource values in Cape Government departments. York Peninsula. It is thus necessary that natural resource management decisions The CYPLUS study recommended the always be made within the context of management of the Cape York Peninsula negotiated protection of cultural values. could be achieved under two over-arching and linked management areas - "natural The CYPLUS was unable to present a resources" and "cultural resources". cultural resource management strategy in Management of Natural Resources any great detail. This is due to the fact that information on cultural heritage values and Taking into account the difficult task of their significance is subject to a complex developing clear guidelines to assist in the system of ownership and confidentiality future allocation, use and management of controlled by the relevant traditional natural resources in a manner which is custodians. consistent with the principles of sustainability, the stage two CYPLUS report Nonetheless, CYPLUS did offer some contained four far-reaching proposals. The actions that should be taken in the most important of these involves the management of cultural resources:

CONTESTS AND MANAGEMENT 4. Local Government Planning

• development and application of agreed • extend Indigenous involvement in natural protocols for undertaking cultural resources management to areas other than assessments protected areas (all stakeholders) • ongoing assessments and mapping of • establish Aboriginal land and natural individual cultural resource values resource centres at strategic locations on • systematic assessment of significant non- Cape York Peninsula (EPA) 111 Indigenous cultural resource values • integration of Indigenous and non- Cultural Indigenous cultural resource values into • recognise the cultural diversity of Cape preparation of Cape York Plans and York Peninsula (Government) Management Plans for protected areas. 110 • develop a broad regional agreement process to address land management Specific Strategies issues and other cultural concerns Falling under these two areas of (Government with residents and peak management were 30 more specific bodies) strategies, grouped together into six areas: • introduce intellectual and cultural • conservation; heritage protection and legislation • cultural; (Government) • economic development; • support and resource the outstation • lifestyle and social issues; movement (ATSIC) • infrastructure; and, • recognise the role of elders and • tenure. traditional skills in resource utilisation, The first two groups are of particular interest resource management and resource to this study. Appearing below are the planning (Government agencies) 112 recommended key actions to be undertaken, • develop cultural resource inventories and by whom these actions are to be taken. Comments

Conservation • Given the extensive number of • complete the assessment of significance documents published following the work of values and management needs undertaken in Stage One of CYPLUS, it • prepare the integrated protection area is difficult to account for the relatively strategy for all category A areas on the brief, non-specific management basis of significance of values assessment recommendations made in the Stage Two (EPA) document. This is especially of concern • prepare individual management plans for given the variety and inclusivity of appropriate sub-areas; establish interest groups in the process - it seems operational bases with sufficient staff, to have been somewhat of a lost adequate delegations, and funding levels opportunity. There is doubt the document (EPA) can achieve its goal of "coordinating • strategy for sustainable land use and integrate the needs and aspirations of 113 Indigenous people to access resources economic social development". • within protected areas providing that this The division of natural resources into use is consistent with nature conservation four categories would appear to be too goals (EPA) general. Areas deemed to be • confirm extent and severity of all known "conservation areas" (category A) ecological threats (DNR/EPA) endeavour to encompass all land types • promote joint management arrangements which the Wet Tropics Management and cooperative agreements between Plan , for example, has separated into agencies and Indigenous people in three narrower categories. This raises the national parks and other protected areas concern that areas of very high natural (EPA) integrity will be afforded the same

CONTESTS AND MANAGEMENT 4. Local Government Planning

protection as those area of somewhat will detract from the existing visual compromised integrity. amenity and character of any area of the Shire. Council may require amendment The Planning Scheme for the to the architectural style, colour, building Shire of Torres materials, landscaping or street furniture The Torres Planning Scheme divides the of a development. area into eleven zones which provide a mechanism for guiding and controlling the When designing a building or structure, distribution, mixing and segregation of the Council prefers designers to take into various land uses. Two of these zones are account: "National and Environmental Parks" and 1. the scale, construction and design of "Conservation". existing adjacent development and the streetscape; National and Environmental Parks 2. the tropical, island climate and lifestyle The intent of the National and of Shire inhabitants; Environmental Parks zone is to provide for 3. Indigenous characteristics; the protection of lands declared as such, and 4. colours harmonising with the tropical, for purposes ancillary to the use of the parks island setting of the Shire; and 5. native species of plants which will (such as are permitted under the Forestry 116 Act 1959-1967 and the National Parks and require only minimal maintenance. Wildlife Act 1975-1984 ). Development Control Plan – Conservation Torres Shire The intent of the Conservation zone is to The DCP for the Torres Shire prescribes provide for extensive areas to be maintained preferred dominant land uses for the area. in their natural state for the enjoyment of the One is "conservation". residents of the Shire. Generally, all forms of development are to be excluded from this The objective of the conservation zone is to zone. The Council may also grant consent to provide for extensive areas of land that are agriculture, animal husbandry, forestry and required to be maintained in their natural extractive industry, subject to the findings state for the purposes of preserving wildlife and recommendations of Environmental habitats and areas of cultural or historical Impact Statements. significance, or for the enjoyment of the inhabitants of the Shire. Generally, Council Miscellaneous Provisions will not support indiscriminate development The section of the scheme thus titled in the areas designated as Conservation on includes the following provisions: the DCP maps. 117 • Height of Buildings: buildings shall not exceed 11m in any zone. 114 • Places of Scientific, Cultural or Historic Interest and Places of Natural Beauty: development on this land will not be permitted unless the Council considers the amenity of the surrounding area would not be detrimentally affected, and the development would assist the preservation or conservation of the land and any buildings or structures of interest on that land. 115 • Built form and amenity: council can intervene where a development proposal

CONTESTS AND MANAGEMENT 4. Local Government Planning

REFERENCES Brannock Humphreys, Coastal Landscapes of Queensland Project Stage One, Volume 5, Wet Tropics Region , 1997 Brannock Humphreys, Coastal Landscapes of Queensland Project Stage Two , Wet Tropics Region , 1997 Brisbane City Council, Cityplan, 1999. Brisbane City Council, South Brisbane Area Heritage Study, 1993. Cape York Peninsula Land Use Strategy Stage Two Report: Our Land Our Future , 1997. Cook Shire Council, Cook Shire Planning Scheme , 1997. Douglas Shire Council, Douglas Shire Planning Scheme , 1996. Environmental Protection Agency, Pumicestone Passage, its catchment and Bribie Island: Draft Integrated Management Strategy , 1993. Gold Coast City Council, Building Sustainable Communities: Draft Strategic Plan , 1997. Gold Coast City Council, Gold Coast Planning Scheme Draft for Consideration of State Interests , 1999. Gold Coast City Council, Gold Coast Urban Heritage and Character Study , 1997. Grimwade, G., and A. Meiklejohn, Cooktown Heritage Study Volume 1 , Cairns: Cook Shire Council, 1993. Kingston, M., et al, The City of Gold Coast Nature Conservation Strategy Volume 2, Gold Coast: Gold Coast City Council, 1997. Pumicestone Passage: Protecting lifestyles and the environment , 1995. The Planning Scheme for the Shire of Torres , 1992. Wallin, A., et al, The Caloundra City Council: Cultural Landscape Study , 1996. Wet Tropics Management Authority, Protection Through Partnerships: Policies for implementation of the Wet Tropics Plan , Cairns: Wet Tropics Management Authority, 1997.

CONTESTS AND MANAGEMENT 4. Local Government Planning

APPENDIX ONE: MANAGEMENT ZONES for Wet Tropics Source: Wet Tropics Management Plan , pg.33. Zone A Zone B Zone C Zone D Physical Remote from Not remote from Land on which or Land on which there condition disturbance and in disturbance but still adjacent to which are, or are proposed a mostly natural in a mostly natural there is to be, significant state. state. infrastructure developed facilities needed for to enable visitors to community services. appreciate and enjoy the area. Physical and A natural area A natural area, which A mostly natural A mostly natural social setting remote from may be undergoing area but with some area with visitor disturbances recovery or disturbances by facilities integrated associated with rehabilitation towards activities associated into the surrounding modern its natural state. An with modern landscape. Visitors technological area where a visitor technological may expect many society. Visitors may expect society. A visitor opportunities to may expect opportunities for may expect low key appreciate and opportunities for solitude and self opportunities for enjoy the Area in a solitude and self reliance with a limited nature appreciation natural setting. A reliance without an management and social management obvious presence. interaction in a presence may be management natural setting. obvious. presence. Management presence may be obvious. Management To protect land in To restore land to its To accommodate To accommodate intent its natural state. If natural state community services. developed visitor land is disturbed, wherever practical, To ensure that the facilities to enable to remove by relocating impact of activities visitors to disturbance and disturbances to land associated with appreciate and restore land to its where they will have community services enjoy the Area. To natural state. less impact, or to is managed to ensure that the rehabilitate the land minimise the effect impact of visitor where they will have on the integrity of infrastructure is less impact, or to the Area. managed to rehabilitate the land minimise the effect over time where on the integrity of opportunities arise. the Area. Geographic Land included in Land included in this Land included in Land included in Information this zone is: zone is: this zone contains: this zone is: System • • • • criteria at least 500m at least 500m from roads, dams, derived from from infrastructure; or, powerlines, Visitor Facilities infrastructure pipelines, Nodes and • at least 700m from (eg. Roads, cableways and selected sites. clearings; and, cableways, clearings. • less than 150ha in powerlines); and, area with some GIS criteria include obvious signs of GIS criteria include set distances • at least 700m disturbance in the set distances around the centre of from clearings; last 40 years. around visitor facility and, disturbances. locations. • less than 150ha in area with no obvious signs of disturbance in the last 40 years.

CONTESTS AND MANAGEMENT 4. Local Government Planning

APPENDIX TWO : DEVELOPMENT CONTROLS for Wet Tropics Source: Wet Tropics Plan , 35-36. Zone Zone Zone Zone ACTIVITY A B C D LEGEND: Allowed = / ; Permit Required = P ; Prohibited = x. PROTECTION, CONSERVATION AND REHABILITATION OF AREA'S NATURAL VALUES: An activity for the protection , conservation or rehabilitation of the / / / / Area's natural values undertaken by a land holder or with the land holder's permission. An activity on a protected area by a department responsible for / / / / managing a protected area which is consistent with national park management principles or necessary for the protection of the Area's cultural values. ROADS, VEHICLES AND ACCESS: Operating a vehicle with the land holder's permission on a lawful access / / / / road for the land. Operating a vehicle on a presentation (restricted) road. P P P P Operating a vehicle on a road (other than a presentation restricted or / / / / management road) shown on a zoning map. Maintaining a structure or road. P P P P Building a structure or road. X X P P RESIDENTIAL AND PRIVATE LAND HOLDER ACTIVITIES: Waste disposal by a land holder where no public waste removal service / / / / is provided and the nearest general waste disposal facility is more than 20km away by road. An activity by a land holder which; if not allowed, would injuriously P P P P affect the land holder's interest in the land. Building a residence, access or garden. P P P P Building a structure (other than the above) or road. X X P P Maintaining a structure or road. P P P P Timber harvesting. X X X X Extracting water for domestic use. P P P P Planting, propagating etc an undesirable plant. X X X X COMMUNITY INFRASTRUCTURE: Operating existing legal government infrastructure. / / / / Building a structure or road. X X P P Maintaining a structure or road. P P P P Excavating, grading, quarrying or otherwise interfering with earth. X X P P Interfering with a watercourse by extracting or diverting water, damming X X P P the watercourse or carrying out another activity that interferes with its natural flow. An activity which the Authority considers would have less impact on the n/a P n/a n/a integrity of the Area than would arise from not carrying on the activity. Clearing vegetation around an existing or lawfully constructed structure P P P P or road for its appropriate use. Building and maintaining a walking track. P P P P Operating a waste disposal facility. X X X X

CONTESTS AND MANAGEMENT 4. Local Government Planning

continued. Zone Zone Zone Zone ACTIVITY A B C D NATIVE TITLE An activity for which a person has a native title right or interest. P P P P RECREATION ACTIVITIES Operating a motorised boat in a dam, in tidal waters or on Lake Barrine. / / / / (NB: Bushwalking, horse riding and bicycle riding are not regulated under the statutory Plan. Persons intending to undertake these activities should check with the relevant land manager). RESOURCE USE Extracting water for domestic use. P P P P Seed collecting. P P P P Commercial logging. X X P P Excavating, grading, quarrying or otherwise interfering with earth. X X P P Interfering with a watercourse by extracting or diverting water, damming X X X X the watercourse or carrying out another activity that interferes with its natural flow. Mining authorised under the Mineral Resources Act 1989 . / / / / Timber harvesting. X X X X FARMING, GRAZING AND AGRICULTURE Grazing animals (other than in a rainforest) if the grazing is otherwise / / / / lawful. Beekeeping (other than in a rainforest). X X P P Interfering with a watercourse or carrying out another activity that X X P P interferes with its natural flow. Transporting an undesirable animal through the Area. / / / / Planting, cultivating etc, an undesirable plant. X X P P MINING, QUARRYING OR EXCAVATING Mining authorised under the Mineral Resources Act 1989 . / / / / Excavating, grading, quarrying or otherwise interfering with the earth. X X X X FIRE MANAGEMENT Building a firebreak. P P P P Maintaining an existing firebreak or a firebreak lawfully built under this / / / / Plan. Burning vegetation (other than in a rainforest) if the burning is / / / / otherwise lawful EMERGENCIES An activity for the protection of life or the urgent protection of property / / / / or the urgent control of fire. OTHER An activity causing no more than minor and inconsequential impacts. / / / / An activity lawfully carried out immediately before commencement of P P P P the Plan. Killing or disposing of an undesirable plant. P P P P Flying an aircraft less than 1000 ft above the Area (except in specified X X X X circumstances).

CONTESTS AND MANAGEMENT 4. Local Government Planning

ENDNOTES: 51 City Plan , South Brisbane Local Area Plan, 267. 52 City Plan , chapter 5. 53 1 City Plan , Appendix 2. Gold Coast City Council, Gold Coast Urban 54 A. Wallin et al , The Caloundra City Council: Heritage and Character Study , 1997. 2 Cultural Landscape Study , 1996, section 1.0. Urban Heritage and Character Study , 17. 55 3 Cultural Landscape Study, 2.0, 3.0. Urban Heritage and Character Study , 16. 56 4 Cultural Landscape Study, 4.2. Urban Heritage and Character Study , 17. 57 5 Cultural Landscape Study, 4.2. Urban Heritage and Character Study , 92. 58 6 Cultural Landscape Study , 4.2. Urban Heritage and Character Study , 94. 59 7 Cultural Landscape Study , 4.2. Urban Heritage and Character Study , 94. 60 8 Cultural Landscape Study , 4.2. Urban Heritage and Character Study , 136. 61 9 Cultural Landscape Study , 4.2. Building Sustainable Communities: Draft 62 Cultural Landscape Study , 4.2. Strategic Plan , September 1997. 63 10 Cultural Landscape Study , 4.2. Building Sustainable Communities , 19. 64 11 Cultural Landscape Study , 4.2. Building Sustainable Communities , 20-21. 65 12 Environmental Protection Agency, Pumicestone Building Sustainable Communities , 21-22. 13 Passage, its catchment and Bribie Island: Draft Building Sustainable Communities , 22. 14 Integrated Management Strategy, 1993, 2. Building Sustainable Communities , 94. 66 15 Integrated Management Strategy, 11. Building Sustainable Communities , 96 . 67 16 Integrated Management Strategy , 67. Building Sustainable Communities , 96. 68 17 Integrated Management Strategy , 4. Building Sustainable Communities , 96. 69 18 Integrated Management Strategy , 5. Building Sustainable Communities , 96. 70 19 Integrated Management Strategy, 35. Building Sustainable Communities , 97. 71 20 Pumicestone Passage: Protecting lifestyles and the Building Sustainable Communities , 100-102. 21 environment , 1995. Building Sustainable Communities, 34 . 72 22 Wet Tropics Management Authority, Protection Building Sustainable Communities , 32. 23 Through Partnerships: Policies for M. Kingston et al , The City of Gold Coast Nature implementation of the Wet Tropics Plan , Cairns: Conservation Strategy Volume 2 , Gold Coast: Wet Tropics Management Authority, 1997, 6. Gold Coast City Council, 1997, 152. 73 24 Protection Through Partnerships , 8. Nature Conservation Strategy, 155. 74 25 Protection Through Partnerships , 12. Nature Conservation Strategy , 153-155. 75 26 Protection Through Partnerships , 35. Nature Conservation Strategy , 156-157. 76 27 Protection Through Partnerships , 11. Nature Conservation Strategy , 161. 77 28 Protection Through Partnerships , 17-19. Nature Conservation Strategy , 161-166. 78 29 Protection Through Partnerships , 67. Gold Coast Planning Scheme Draft for 79 Protection Through Partnerships , 81. Consideration of State Interests , 1999, 702. 80 30 Protection Through Partnerships , chapter 3. Draft for Consideration of State Interests , 1999, 81 Protection Through Partnerships , chapter 4. 703-705. 82 31 Brannock Humphreys, Coastal Landscapes of Draft for Consideration of State Interests , 1999, Queensland Project Stage One , 1997,ii. 705-708. 83 32 Coastal Landscapes of Queensland Project Stage Draft for Consideration of State Interests , 1999, 1, 3. 709-719. 84 33 Coastal Landscapes of Queensland Project Stage Brisbane City Council, South Brisbane Area 1, ii. Heritage Study , 1993, 44. 85 34 Brannock Humphreys, Coastal Landscapes of South Brisbane Area Heritage Study , 38. 35 Queensland Project Stage 2 , 1997, 2. South Brisbane Area Heritage Study , 38. 86 36 Coastal Landscapes of Queensland Project Stage South Brisbane Area Heritage Study , 41. 37 Two , 9. South Brisbane Area Heritage Study , 44. 87 38 Coastal Landscapes of Queensland Project Stage South Brisbane Area Heritage Study, 46. 39 Two , 10. South Brisbane Area Heritage Study , 47. 88 40 Coastal Landscapes of Queensland Project Stage South Brisbane Area Heritage Study, 49. 41 Two , 12. South Brisbane Area Heritage Study , 49. 89 42 Douglas Shire Planning Scheme , 1996, section South Brisbane Area Heritage Study , 52. 43 1.3.5. Brisbane City Council, City Plan , 1999, chapter 3, 90 Douglas Shire Planning Scheme , 1996, section pp 7-17. 44 1.3.5. City Plan , chapter 5, pp 21-23. 91 45 Douglas Shire Planning Scheme , 1.3.7. City Plan , chapter 2, p 21. 92 46 G. Grimwade and A. Meiklejohn, Cooktown City Plan , chapter 2, p 21. 47 Heritage Study Volume 1 , Cairns: Cook Shire City Plan , chapter 2. 48 Council, 1993, 1. City Plan , chapter 2, pp 14-15. 93 49 Cooktown Heritage Study Volume 1 , 2. City Plan , chapter 2, p 3. 94 50 Cooktown Heritage Study Volume 1 , 32. City Plan , South Brisbane Local Area Plan, 267. 95 Cooktown Heritage Study Volume 1 , 32.

CONTESTS AND MANAGEMENT 4. Local Government Planning

96 Cooktown Heritage Study Volume 1 , 33. 97 Cooktown Heritage Study Volume 1 , 33-34. 98 Cook Shire Planning Scheme, 1997, 1. 99 Cook Shire Planning Scheme , 19. 100 Cook Shire Planning Scheme , 37-38. 101 Cook Shire Planning Scheme , 44. 102 Cook Shire Planning Scheme, 45-46. 103 Cook Shire Planning Scheme, 46. 104 Cook Shire Planning Scheme, 46 -47. 105 Cook Shire Planning Scheme , 92. 106 Cook Shire Planning Scheme , 101. 107 Cape York Peninsula Land Use Strategy Stage Two Report: Our Land Our Future , 1997, 5. 108 Our Land Our Future , 1997, 10. 109 Our Land Our Future , 15-16. 110 Our Land Our Future , 18 111 Our Land Our Future , 19. 112 Our Land Our Future , 20. 113 Our Land Our Future , 10. 114 The Planning Scheme for the Shire of Torres , 1992, 79. 115 The Planning Scheme for the Shire of Torres , 82. 116 The Planning Scheme for the Shire of Torres , amendment 6, 4/11/92. 117 The Planning Scheme for the Shire of Torres , 140.