eferences 119 - city of coffs harbour · 2014. 6. 17. · references 120 k:\n0988 hearns lake...

REFERENCES 119

K:\N0988 HEARNS LAKE ESTUARY MANAGEMENT PLAN\DOCS\R.N0988.004.03.EMP.DOC

11 REFERENCES

ANZECC (2000). “Australian and New Zealand Guidelines for Fresh and Marine Water Quality”,

Prepared as part of the National Water Quality management Strategy

Bruun, P. (1962) “Sea level rise as a cause for shore erosion” Journal of the Waterways and Harbour

Division, ASCE, pp 117-130

Bureau of Meteorology (BoM) (2006) “Annual Australian Climate Summary 2005”, [online]. Available

from http://www.bom.gov.au/announcements/media_releases/climate/change/20060104.shtml

[accessed 11 January 2006]. Bureau of Meteorology, Australian Government.

CHCC (2000) “Coffs Harbour Comprehensive Koala Plan of Management” Coffs Harbour City

Council

CHCC (2003) “Coffs Harbour Biodiversity Action Strategy” Coffs Harbour City Council

CHCC (2005) “Hearnes Lake / Sandy Beach Development Control Plan” Coffs Harbour City

Council.

Coastal Council of NSW (1998) “Outcomes and recommendations from the ICOLLs forum held 17-

18 September 1998” NSW Coastal Council, Sydney

Dean, R. G. and Maurmeyer, E. M. (1983) “Models for beach profile response” In: P. D. Komar, ed.

CRC Handbook of coastal processes and erosion CRC Press, Boca Roton, Florida, 151-165

Department of Environment & Conservation [DEC] (2005) Beachwatch Partnership Pilot Program

State of Beaches 2002 – 2003. Department of Environment & Conservation (EPA – DEC), Online

February 2005 www.environment.nsw.gov.au/beach/cpp/ar2003/CoffsHabour-36.asp

Department of Environment and Heritage (2003) “Climate change impacts on Biodiversity in

Australia: Outcomes of a workshop sponsored by the Biological Diversity Advisory Committee, 1 – 2

October, 2002” [online]. Available:

http://www.deh.gov.au/biodiversity/publications/greenhouse/summary.html [accessed 12/01/06],

Department of Environment and Heritage, Australian Government

DIPNR (2004) “NSW Population Projections 2001 – 2051: 2004 update”. Department of

Infrastructure, Planning and Natural Resources, Sydney.

Ewers, G. (2006) “Baseline community values and subsequent management options of an

intermittently closed estuary in New South Wales”. BAppSc (Hons) thesis, School of Environmental

Science and Management, Southern Cross University

Flannery, T. (2005) “The weather makers: The history and future impact of climate change”, Text

publishing, Melbourne

Haines PE (2004) “Current Entrance Management Practices for NSW ICOLLs” Proc. Coastal Zone

Asia Pacific conf. CZAP04, 5 – 9 September, Brisbane

REFERENCES 120


Haines PE (2005) “Determining appropriate setbacks for future development around ICOLLs” Proc.

NSW Coastal Conference, Narooma, November

Haines PE (2006) “Physical and chemical behaviour and management of Intermittently Closed and

Open Lakes and Lagoons in NSW” PhD thesis, Griffith University

Haines PE, Tomlinson RB, Thom BG (2006) “Morphometric assessment of intermittently open/closed

coastal lagoons in New South Wales, Australia” Journal of Estuarine, Coastal and Shelf Science

67:(1-2) 321-332

Haines PE and Thom BG (2007) “Climate change impacts on entrance processes of intermittently

open/closed coastal lagoons in New South Wales, Australia” Jnl Coastal Res SI 50 (ISC 2007

proceedings)

Hanslow, D. J., Davis, G. A., You, B. Z. and Zastawny, J. (2000) “Berm height at coastal lagoon

entrances in NSW” Proc. 10th ann. NSW coast. conf., Yamba

Hennessy, K., Page, C., McKinnes, K., Jones, R., Bathols, J., Collins, D., Jones, D. (2004a) “Climate

change in New South Wales: Part 1 – Past climate variability and projected changes in average

climate” CSIRO consultancy report for the NSW Greenhouse Office, Aspendale, Victoria, July

Hennessy, K., McKinnes, K., Abbs, D., Jones, R., Bathols, J., Suppiah, R., Ricketts, J., Rafter, T.,

Collins, D., Jones, D. (2004b) “Climate change in New South Wales: Part 2 – Projected changes in

climate extremes” CSIRO consultancy report for the NSW Greenhouse Office, Aspendale, Victoria,

November

Healthy Rivers Commission (2002). “Independent inquiry into Coastal Lakes: Final Report”

IPCC (2001) “Climate change 2001: The Scientific Basis” Intergovernmental Panel on Climate

Change, Cambridge University Press, Cambridge

Lord, D., Gibbs, J., McLuckie, D. (2005) “A year after the day after tomorrow – the application of

climate change to coastal zone management in NSW” Proc. 14th ann. NSW coast. conf., Narooma, 8

– 11 Nov. 2005

Marine Parks Authority (2003), Solitary Islands Marine Park, Marine Parks Authority (MPA), ONLINE

16th March, 2005, http://www.mpa.nsw.gov.au

NRMMC (2003) “Framework for a National Co-operative Approach to Integrated Coastal Zone

Management:” Natural Resource Management Ministerial Council, available on-line at:

http://www.deh.gov.au/coasts/publications/framework/pubs/framework.pdf

NRCMA (2006) “Northern Rivers Catchment Action Plan”, Northern Rivers Catchment Management

Authority, Final, September 2006

NSW Government (1990) “Coastline Management Manual” Public Works Department, Sydney

NSW Government (1992) “Estuary Management Manual” Public Works Department, Sydney

REFERENCES 121


NSW Government (2003) “Statement of Intent for the Coastal Lake of NSW”, Prepared in response to

HRC (2002), February

NSW Government (2005) “Floodplain Development Manual” Department of Infrastructure, Planning

and Natural Resources, Sydney

Organisation for Economic Cooperation and Development [OECD] (2003), “OECD Environmental

Indicators: Development, Measurement and Use Reference Paper”. Organisation for Economic

Cooperation and Development, 2003, http://www.oecd.org/env/

RTA (2006) “Coffs Harbour Highway Planning: Sapphire to Woolgoolga Section, Community Update

No. 7” November 2006

Sainty and Associates (2006) “Environmental Constraint Analysis, Lot 22 DP 1070182, Pacific

Highway, Sandy Beach North” Available on-line at:

http://www.planning.nsw.gov.au/asp/pdf/05_0083_lot22dp1070182_pacifichwy_sandybeachnorth.pdf,

NSW Department of Planning, Sydney

Steffen, W. (2006) “Stronger evidence but new challenges: climate change science 2001 – 2005”

[online], Available: http://www.greenhouse.gov.au/science/publications/science2001-05.html

[accessed 6 June 2006], Australian Greenhouse Office, Australian Government

Sydney Coastal Councils Group (2006) “Natural Resource Management Grants Summary March

2006”

Walsh, K., McInnes, K., Abbs, D. (2002) “Sea level rise projections and planning in Australia” Proc.

Coast to Coast 2002, Aust. nat. coastal conf., Tweed Heads, 4-8 November, pp 1-4

Walsh, K. (2004a) “Climate change and coastal response: a theme report from the Coast to Coast

2002 National Conference, Gold Coast, November 2002” CRC for Coastal Zone, Estuary and

Waterway Management, Indooroopilly, April 2004

Walsh, K. (2004b) “Climate change and the coast: Science and adaptation” Proc. Coast to Coast

2004, Aust. nat. coastal conf., Hobart, 19-23 April

WBM (2006) “Hearnes Lake Estuary Processes Study” Unpublished report prepared for Coffs

Harbour City Council

WMO (2005) “WMO statement on the status of the global climate in 2005” [online], Available:

http://www.wmo.int/web/Press/Press743_E1.doc [accessed 11 January, 2006] World Meteorological

Organization Press Release 743, 15 December, 2005

RELEVANT COFFS HARBOUR AND NSW ENVIRONMENTAL PLANNING FRAMEWORK A-1


APPENDIX A: RELEVANT COFFS HARBOUR AND NSW ENVIRONMENTAL PLANNING FRAMEWORK

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

(EP&A ACT) AND ASSOCIATED PLANS

One of the key pieces of NSW legislation is the Environmental Planning and Assessment Act 1979.

This Act provides a system of environmental planning and assessment for NSW, and involves

developing plans to regulate competing land uses, through ‘environmental planning instruments’.

The Act establishes three types of environment planning instruments (EPI):

• Local Environmental Plans;

• Regional Environmental Plans; and

• State Environmental Planning Policies.

The objectives of the EP&A Act are as follows:

• Appropriate management, development and conservation of natural and artificial resources so as

to promote the social and economic welfare of the community and a better environment.

• Facilitation of the orderly and economic use and development of land.

• Ensure appropriate provision and management of communication and utility services.

• Provide land for public purposes.

• Provide for and coordinate community services and facilities.

• Encourage the protection of the environment and facilitate ecologically sustainable development.

• Enable the provision and maintenance of affordable housing.

• Share the responsibility for environmental planning and management between the State and

local government.

• Facilitate increased opportunity for public involvement and participation.

Local Environmental Plans

Local Environment Plans (LEPs) are developed by local councils. LEPs divide the area they cover

into zones and each zone has a list of objective and the types of development that are permissible

with consent, permissible without consent and prohibited from the zone.

Only one LEP is applicable to the Hearnes Lake estuary and catchment, this being the Coffs Harbour

City LEP 2000. Draft amendment No. 29 of the LEP also relates to the Hearnes Lake / Sandy Beach

area, and should be considered when proposing development in this area.



The Coffs Harbour City LEP 2000 establishes a policy framework for land use decisions throughout

the Coffs Harbour City LGA. It provides the community with rules on how land can and cannot be

used. The implications of the LEP include physical structures, social, economic, and environmental

factors.

The Hearnes Lake Estuary Management Plan needs to be consistent with, and fit into, the existing

Coffs Harbour City Council planning framework, which is built around the LEP.

The objective of the Coffs Harbour City LEP is to:

• To provide a policy framework for the preparation of more detailed Development Control Plans

(DCPs);

• To identify areas for compatible development opportunities;

• To protect environmentally sensitive areas and heritage; and

• To allow for equitable provision of social services and facilities for the community.

The Hearnes Lake catchment mainly consists of Agricultural Land (Rural 1A), Urban Land

(Residential 2E), and Special Uses (5A) Community Purposes zonings, with some areas protected

under Environmental Protection (7A) Habitat and Catchment and Open Space (Public Recreation

6A). A map of the landuse zonings for the Hearnes Lake catchment is presented in Figure 1-4.

Regional Environmental Plans

Regional Environmental Plans (REP) are plans drafted by the Department of Planning (DoP) and

apply to a specific region. REPs address matters of regional significance. Only one REP is

applicable to the Hearnes Lake estuary and catchment, this being the North Coast REP 1988.

The North Coast REP 1988 details regional policies, to control and guide the preparation of LEPs,

and is to be considered when development control decisions are made. The plan applies to the Local

Government Areas of Ballina, Bellingen, Byron, Casino, Coffs Harbour, Copmanhurst, Grafton,

Hastings, Kempsey, Kyogle, Lismore, Maclean, Nambucca, Nymboida, Richmond River, Tweed and

Ulmarra.

The aims of the REP are:

• To protect the natural environment now and in the future, whilst encouraging an efficient and

attractive built environment;

• To provide the coordination of activities that will help in the growth of the region and encourage

economic and social benefits for the local community and visitors; and

• To act as a framework to identify the need for further investigations.

The REP aims to provide protection to natural vegetation and wildlife, to provide corridors between

significant habitat areas, to protect the scenic quality of the region, including natural areas, attractive

rural areas and areas adjacent to waterbodies, headlands, skylines and escarpments, and to protect

water quality, particularly within water catchment areas. This is to be achieved by restricting councils

in providing consent for the clearing of natural vegetation in environmental protection, scenic

protection or escarpment preservation zones. Council is only allowed to provide consent for clearing



of natural vegetation if the wildlife habitat will not be significantly disturbed, if the scenic value of the

estuary is not impacted and if an appropriate erosion and sediment control plan is implemented.

The REP is also responsible for conserving heritage, including historic, scientific, cultural, social,

archaeological, architectural and aesthetic heritage, within the North Coast Region. The plan

provides a list of (state and regional) heritage items that are considered to be significant, however,

none of these items are located within the Moonee Creek catchment.

The REP places restriction on council when providing development consent for sensitive riparian

areas, including lands adjacent to upstream sections of rivers and streams, coastal or inland wetlands

and, fishery habitat area. Council are required to consider a number environmental matters prior to

providing development consent.

State Environmental Planning Policies

SEPP 71 – Coastal Protection

State Environmental Planning Policy (SEPP) No. 71 was made under the Environmental Planning

and Assessment Act 1979, and gazetted in November 2002. The policy aims to ensure that

development in the NSW coastal zone is appropriate and suitably located. The policy provides

protection of and improvement to public access for coastal foreshores, compatible with the natural

attributes of the foreshore, and protects and preserves Aboriginal cultural heritage, visual amenities of

the coast, the beach environment and amenity, native coastal vegetation, marine environment of New

South Wales, and rocky platforms. In addition, the policy aims to carry out management of coastal

zones in accordance with the principles of the Ecologically Sustainable Development (ESD).

Under this policy, the Minister for Infrastructure and Planning becomes the consent authority for state

significant development, and significant coastal development. State significant coastal development

includes mining, extractive industry, industry, landfill, recreational establishments, marinas, tourist

facilities (except bed and breakfast establishments, and farm stays) and buildings greater than 13

metres in height above the natural ground level. It also includes development, comprising

subdivision of land:

• Within a residential zone into more than 25 lots;

• Within a rural residential zone into more than five lots; or

• Within any zone into any number of lots if the future development of any lot created by the

subdivision will require effluent to be disposed of by means of a non-reticulated system.

The policy applies also to ‘significant coastal development’, which are development in ‘sensitive

coastal locations’. These locations include:

• land within 100 metres above mean high water mark of the sea, a bay or an estuary;

• land listed in Schedule 3 to the policy (no land is currently listed);

• coastal lakes (which includes Hearnes Lake), Ramsar wetlands and World Heritage areas;

• marine parks and aquatic reserves under the Fisheries Management Act;

• land within 100 metres of any of the above;



• land reserved under the National Parks and Wildlife Act;

• SEPP 14 coastal wetlands; and

• residential land within 100 metres of SEPP 26 littoral rainforests.

Master plans are required to be approved by the Minister before some consent can be granted.

Generally a master plan is a document consisting of written information, maps and diagrams that

outline proposals for development of land.

SEPP 26 – Littoral Rainforests

This policy protects and preserves natural littoral rainforests that are well suited to harsh salt-laden

and drying coastal winds. The policy was devised to provide a mechanism for the consideration of

application for development that could possibly damage or destroy littoral rainforest areas.

There are no gazetted SEPP-26 littoral rainforests within the Hearnes Lake catchment, however,

there is a SEPP-26 area behind the coastal dunes to the immediate north of Hearnes Lake entrance

(refer Figure A-1). Further, the distinctive vegetation community of littoral rainforests can also be

found along the northern foreshore of Hearnes Lake. Although this area has not been officially

gazetted as SEPP-26 Littoral Rainforest, every effort should also be made to protect this vegetation

community, and to provide connectivity between Hearnes Lake and the gazetted SEPP-26 area to

the north.

SEPP 35 – Maintenance Dredging of Tidal Waterways

The policy was developed in order to enable dredging of tidal waterways to be carried out by public

authorities in a timely, cost effective and environmental responsible manner whilst considering the

changing conditions of the waterway. Consequently, under this policy maintenance dredging is

allowed to be carried out without development consent, however, the environmental impacts of

maintenance dredging of tidal waterway need to be identified and appropriately assessed, and all

agencies and stakeholders are to be consulted.

SEPP 35 has historically been used as a mechanism for Councils to carry out dredging works of tidal

entrances in order to improve tidal flushing and to restore or improve navigation. It is understood that

the entrance of Hearnes Lake has been opened artificially in the past. Based on a review of the

Policy, past legal judgements (refer Haines, 2006) and advice from Department of Planning, SEPP-

35 should not be used as a planning mechanism for artificially opening the entrance of ICOLLs.

This SEPP was repealed on 1 January 2008 upon enactment of SEPP Infrastructure (2007). The

provisions contained within this SEPP have been transferred to SEPP (Major Projects (2005).

SEPP 14 – Coastal Wetlands

SEPP-14 has been designed to protect and preserve coastal wetlands for the environmental and

economic interests of the State. The policy provides protection to specific wetland areas that have

been mapped and gazetted by Department of Planning. Development that involves the following

activities is not allowed to be carried out unless consent (designated development) is provided by

local council or the Director General of Planning: clearing of land, construction of levees, draining of



land, and filling of land. If this development is to be carried out, an Environmental Impact Statement

first needs to be prepared.

The Director General of Planning must consider a number of matters prior to agreeing to the

proposed development including:

• The environmental effect of the proposed development;

• Whether adequate safeguard and rehabilitation methods are proposed;

• Whether the development is consistent with the aims of the policy; and

• Whether any feasible alternatives have been considered and if so, the reason for choosing the

proposed development.

There is are no SEPP-14 wetlands located within the Hearnes Lake catchment, although SEPP-14

areas cover Willis Creek, to the north of Hearnes Lake, and the coastal wetland area to the south of

Sandy Beach (refer Figure A-1).

Figure A-1 Hearnes Lake: SEPP-26 Littoral Rainforests and SEPP-14 Wetlands



Development Control Plans

DCPs are normally prepared to guide specific types of development, or developments in specific

areas within a Local Government Area (LGA). Generally, DCPs have been prepared to conserve

particular values and attributes of the LGA and its natural environment.

Hearnes / Sandy Beach DCP 2005

A Development Control Plan (DCP) has recently been prepared for the areas north, south and west

of Hearnes Lake (refer Section 1.5.1.2). The DCP contains the plan for the area, the planning

strategy and the planning controls (CHCC, 2005).

The main objectives of the DCP are economic stability, social sustainability and environmental

sustainability. The Masterplan for the DCP is detailed in Figure 1-5. The planning strategy of the

Masterplan addresses the following aspects (CHCC, 2005):

• Housing;

• Urban design in the three precincts (eastern, western and northern);

• Water and sewer services;

• Business;

• Community facilities;

• Traffic and transport;

• Natural environment; and

• Open space and recreation.

The DCP details planning controls for these aspects, which must be considered in all Development

Applications for proposed development within the Hearnes Lake / Sandy Beach area (CHCC, 2005).

The planning strategies and controls are summarised below.

• Urban design: Dwelling designs need to enhance the context in which they are situated,

including the environment and topography, the character and identity of the local community, and

adjacent existing or proposed development. Dwellings are to be optimised on land areas suitable

for urban development, at a housing density consistent with the Plan’s target densities. Urban

designs are to provide walking and cycling access to social opportunities, community facilities,

and open space / environment protection areas. A landscape plan for streetscapes, utilising local

native species must be provided for each development. Design must incorporate adequate solar

access, and be in accordance with Council’s Energy Information Sheet.

• Water quality and ecological integrity: The construction phase of development must have an

Erosion and Sediment Control Plan. Buffer zones of 50m from 3.5 m AHD around Hearnes Lake

and Double Crossing Creek, 50m from SEPP26 Littoral Rainforest, SEPP14 Wetlands and Willis

Creek, and 20m from all other creeks are to be designated by developers. Developments are to

incorporate Water Sensitive Urban Design (WSUD), or provide the ability to incorporate WSUD

at a later date. Subdivision applications must undergo water quality modelling according to

Council’s Stormwater Strategy. Developments proposed in low lying areas must undergo 12

months of groundwater monitoring to assess the impacts of development, particularly the impact



of the use of fill and the construction of drainage and stormwater on the aquifer and estuary.

Developments are not to occur on land known to have a high water table, and this land is to be

dedicated to Council for management as an environment protection area.

• Cultural Heritage: Certain areas within the DCP have previously been identified as having

cultural significance or artefacts. All development is excluded from land within one such site of

spiritual significance, with a development buffer to separate it from development. Developments

in or near other such known areas must undergo a detailed archaeological assessment that is in

accordance with the National Parks and Wildlife Act 1974 and Environmental Planning and

Assessment Act 1979, conducted by qualified persons, and involves consultation with the Local

Aboriginal Land Council (LALC) and Yarrawarra Aboriginal Corporation.

• Bushfire: All development applications require a Bush Fire Assessment, resulting in delineation

of bushfire buffers as appropriate.

• Open Space and Recreation: Environment protection areas are to be incorporated into the

public open space network, for use in passive recreation (ie recreation that does not involve

removal or damage of the habitat). The open space network is to be managed by Council under

an appropriate PoM for natural areas. Children’s playgrounds within 500m of each dwelling, and

a sporting and activity field with adequate linkage to all future housing developments is also to be

provided.

• Floodplain management: Developments are to comply with Council’s Flood Prone Land Policy

(details accessed from Council), and development is to be excluded from flood liable land. All

floors in a subdivision must be 500mm above the 1 % Flood Level. Street / road design must

consider flood evacuation issues for pedestrians and vehicles, with all local perimeter roads to be

above the 1 % Flood Level. Lots within a Flood Prone Area must have house sites of minimum

400m2 and 15 m width above the 100 year flood level. Restrictions on construction of non-

exempt structures apply to land below the 100 year flood level. Landform modifications below the

1 % Flood Level are subject to as analysis by Council’s Flooding Engineer, with no filling within a

High Risk Flood Precinct, and all other land filling subject to certification / approval in the

Engineer’s report.

• Natural Environment: Development applications require an assessment of natural and habitat

areas. Urban development is to be excluded from: areas known to contain sensitive vegetation;

100m from Osprey nests; and from land known to contain habitats for endangered fauna species

(such as Wallum Froglet), as assessed under the Threatened Species Conservation Act 1995.

As development occurs, these sensitive habitat areas, plus all creek, development and bushfire

buffer zones, and Flood Prone Areas (as described above) are to have an approved Vegetation

Management Plan (VMP), which utilises rehabilitation using local native plant species,

implemented then maintained for more than 3 years. This land shall then be dedicated to

Council, for addition to environment protection land. Current and future environment protection

areas will be managed by incorporating them into a Council Plan of Management (PoM) for

natural areas as appropriate. State, crown and/or foreshore land is to be managed in association

with the appropriate authority.

• Potentially Contaminated Land: Development applications for potentially contaminated lands,

in particular, land with a history of Banana Cultivation, must include a consideration of site history

and potential for contamination from prior site use. If contaminated lands are found or cannot be



ruled out, a detailed site assessment must be prepared in accordance with relevant guidelines

and standards, and by suitably qualified professionals.

• Traffic and Transport: Developers are to mitigate the impacts of development on the existing

road network, and incorporate “collector” roads to allow local traffic to avoid use of the Pacific

Highway. Limits to lots per development have been stipulated until the Pacific Highway upgrade

is completed. Roads and paths are to be attractively designed and incorporate the planting of

local native trees. Appropriately sized roads for the use of buses have also been stipulated.

Footpaths and cycleways are to be provided, such as is specified in the Urban Design controls

(described above).

• Community Facilities: Council proposes to relocate the car park on Hearnes Lake foreshore to

allow for growth of visitor numbers. Developers are to provide transport and pedestrian linkages

to open spaces and community facilities. Council proposes to develop of a plan, with

stakeholders, for low-key community facilities on the foreshore.

• Business: Developments are to enable easy access and linkages to existing business centres

(Woolgoolga and Moonee) that promote cycling and walking. Development subdivisions may

also include provision for a local low-key general store/café.

• Services: Developers are to efficiently link services to Council’s existing water and wastewater

services, and no development may take place prior to roads and reticulated water and sewerage

service availability at the site.

• Noise: for subdivisions within 300m of Pacific Highway and/or land adjoining industrial areas,

Acoustic reports providing mitigation measure for noise impacts are required.

Pollutant Modelling For Hearnes Lake / Sandy Beach DCP

As stated in the DCP (CHCC, 2005), water quality modelling is required for all subdivision

applications as part of Council’s Stormwater Strategy. Hydrologic and pollutant modelling for the

Hearnes Lake catchment was conducted by WBM (2005) to address future development associated

with the Hearnes Lake / Sandy Beach DCP. Three (3) conceptual stormwater quality treatment

strategies were compared against pre-existing / natural conditions; existing development conditions;

and proposed development conditions without stormwater treatment. The three strategies

incorporated varying combinations of stormwater treatment measures such as filter strips, vegetated

swales, bioretention swales, rainwater tanks, ponds and wetlands to treat stormwater generated from

the proposed development.

The assessment revealed that all three water quality treatment strategies proposed would

significantly reduce pollutant loads generated by the proposed developed areas, with the source

control strategy providing the greatest reduction in runoff volumes and stormwater pollutants loads

(Total Suspended Solids, Total Phosphorus and Total Nitrogen). This strategy utilised a combination

of source control measures and downstream storages to capture and hold stormwater for subsequent

onsite reuse, including irrigation of public open space areas or as a source of water for bushfire

control.

The assessment indicated that further significant reductions in runoff volumes could be achieved by

including additional downstream storages, such as rainwater tanks, to supplement upstream source

control measures. The modelling also showed TSS loads generated by the development area could



be reduced below pre-existing / natural levels using either a source control treatment strategy or an

end-of-line treatment strategy. While significant removal of TP and TN loads were achieved by the

strategies, further reductions would be required to meet existing conditions (requiring an additional

9% and 18% reduction for TP and TN respectively) or pre-existing / natural levels (a further 4% and

5% reduction required in TP and TN respectively).

Residential Tourist Lands Development Control Plan

This Development Control Plan (DCP) applies to land that is zoned 2E Residential Tourist under the

Coffs Harbour City Local Environment Plan 2000. The plan relates to development for tourist

accommodation and residential development.

The objective of this DCP is to encourage tourist development, and ensure that the scale and

intensity of the residential and tourist development is appropriate to the environmental characteristics

of the land and locality. In addition it promotes ecologically sustainable development.

Any tourism development that is located within the 2E Residential Tourist zone is to retain the natural

dunes and bushlands, and naturally vegetated rock headlands, when viewed from the beach or from

near the water near the foreshore. In addition development needs to minimise potential conflict

between tourists and the resident population.

Extensive areas of Residential 2E land surround Hearnes Lake. The Hearnes / Sandy DCP and

associated draft LEP amendment aim to change this zoning and control development on this land to

better accord with the environmental capability of the land.

A caravan park is also located on the north-western shore of Hearnes Lake, under the existing 2E

Residential Tourism zoning, and is to be retained in the future.

OTHER IMPORTANT NSW PARLIAMENTARY ACTS

Rivers and Foreshores Improvement Act, 1948

The Rivers and Foreshores Act allows for the removal or improvement of the river or foreshore areas

and to prevent erosion caused by tidal and non tidal water. The Act includes:

• the removal of vegetation, sand, gravel or rocks from the bed or bank of river, lake or lagoon;

• the changing of the course of the river, lake or lagoon;

• the prevention of erosion and siltation; and

• the deepening, widening or improving of the course of a river.

Under Part 3A of the Act, the above activities require a permit from Department of Lands if they are to

be carried out within 40 m of a natural watercourse, unless being done by a public authority.

Threatened Species Conservation Act, 1995

The protection of species and ecological communities in New South Wales are administered by the

Threatened Species Conservation Act 1995, the National Parks and Wildlife Act 1974 and the

Fisheries Management Act 1994.



The Threatened Species Act is responsible for the protection of certain species, populations and

ecological communities when they are a particular level of endangerment. These species are known

as ‘threatened species, populations and ecological communities’ and include: endangered, critically

endangered, and vulnerable species, endangered population, endangered ecological communities

and vulnerable ecological communities.

The Threatened Species Conservation Act has established a committee that is responsible for

determining species, population, ecological community or threatened process that should be included

in Schedules 1, 2 or 3. Consequently, species, populations or ecological communities can be listed

by the committee or upon request by the Minister.

National Parks and Wildlife Act 1974

The National Parks and Wildlife Act 1974 was responsible for the establishment of the NSW National

Parks and Wildlife Services (NPWS) which is now part of the Department of Environment and

Conservation.

The NPWS is responsible for the administration of national parks and other lands under the National

Parks and Wildlife Act and the Wilderness Act. The NPWS are also responsible for the threatened

species under the Threatened Species Conservation Act 1995.

The objectives of the National Parks and Wildlife Act 1974 are the:

• Conservation of habitats and ecosystems, biological diversity in the community, landforms of

significance, and landscapes and natural features of significance; and

• Conservation of the objects, places or features of cultural values within the landscape, which

would include Aboriginal and European heritage and places of historic, architectural or scientific

significances.

The objectives of this Act would be achieved by applying the principles of ecologically sustainable

development (ESD).

Under the National Parks and Wildlife Act, a management plan needs to be prepared for each

national park. The plan needs to address the following issues:

• The conservation of wildlife and its habitat;

• The preservation of the national park and its special features, including historic structures,

objects, relics or Aboriginal places;

• The encouragement and regulation of the appropriated use, understanding and enjoyment of the

national parks; and

• The preservation of the national park as a water catchment area, and protection against

uncontrolled fires and soil erosion.

Within a national park, the Minister is allowed to grant leases to provide accommodation and facilities

and licences to carry out trade or business activities, however, leases and licences cannot be granted

over land that is within a declared wilderness area.



It is an offence to prospect or mine for mineral in a national park, unless the mining activity is

authorised by an Act of Parliament.

Fisheries Management Act 1994

The Fisheries Management Act 1994 is one of the most important state laws in relation to protected

species. The Fisheries Management Act is responsible for the protection of freshwater and saltwater

fish and invertebrates and saltwater plants. The Department of Primary Industries (DPI) is

responsible for the protection of marine species.

The main aim of the Act is to conserve, develop and share the fishery resource of the State for the

benefit of present and future generations. Conservation of fish species and habitats, threatened

species, population and ecological communities, are dealt with under the Fisheries Management Act

1994. In addition, the Act is to promote ecologically sustainable development, including conservation

of biological diversity.

Under the Fisheries Management Act it is considered an offence to harm any listed marine

threatened species and damage a marine area declared to be critical habitat.

The Fisheries Management Act applies to all water is the State except for purposes relating to a

fishery that is to be managed in accordance with the law of the Commonwealth pursuant to an

arrangement under Division 3 of Part 5.

The main provisions of this legislation that relate to Estuary Management works are:

i) Habitat Protection Plans - which allow for the gazettal of management plans for the protection of

specific aquatic habitats;

iii) Dredging and Reclamation Plans - which allows for the control and regulation of dredging and

reclamation works, which may be harmful to fish and fish habitat. It establishes requirements to

obtain a permit from or to consult with NSW Fisheries (now known as the Department of Primary

Industries).

iv) Protection of mangroves and certain other marine vegetation, which requires permits to be

obtained for the regulation of damage to or removal of certain marine vegetation including seagrass.

Of particular relevance to the Hearnes Lake Estuary Management Plan are provisions within the Act

relating to the preparation of Habitat Protection Plans. Fish Habitat Protection Plans describe

potential threats to fish habitat and recommend actions to mitigate the effects of potentially damaging

activities. There are three habitat protection plans gazetted to date however only two of these plans

are relevant to this study. These are outlined briefly below.

Habitat Protection Plan No 1 General

This is an advisory document summarising various protective measures in relation to dredging and

reclamation activities, fish passage requirements, and the protection of mangroves, other marine

vegetation and snags.



Habitat Protection Plan No. 2 Seagrasses

The Plan deals specifically with the protection of seagrasses across NSW, and discusses activities

which impact on seagrasses, including the construction of jetties, wharves, and bridges, dredging and

reclamation, and the collection of seagrasses.

Protection of the Environment Operation Act 1997

The Protection of the Environment Operations Act regulates water pollution, air pollution and noise

pollution in New South Wales. The Act enables the Environment Protection Authority, an agency

within the DECC, to issue pollution license and notices, to take legal action to enforce the law and to

create a range of pollution offences and penalties. The Act also enables members of the public to

take legal action to enforce laws.

Under the PEO Act it is considered an offence to pollute water without an environmental protection

licence. Water pollution is the placement of any matter in a position where pollution enters or is likely

to enter the water. There are a number of activities that require licence, which are detailed in

Schedule 1 of the Act, including dredging works and extractive industry, although these activities

must remove more than 30,000 m3 per year to trigger the Act.

Pollution of a waterway is allowed if an environmental protection license is held, however, there are

conditions of a licence.

Marine Parks Act, 1997

The Marine Parks Act 1997 provides for the creation of marine parks, including the Solitary Islands

Marine Park. Once a marine park has been created it cannot be revoked, except by an Act of

Parliament. Once a marine reserve is declared under the Act, the area can only be used for activities

that are consistent with the Marine Park Act.

The objectives of the Marine Parks Act 1997 are:

• To conserve marine biological diversity and marine habitats by declaring and providing for the

management of a comprehensive system of marine parks;

• To maintain ecological processes in marine parks;

• To provide for ecologically sustainable use of fish and marine vegetation in marine parks; and

• To provide opportunities for public appreciation, understanding and enjoyment of marine parks.

Mining and aquaculture is prohibited in the marine parks, however, aquaculture is allowed to be

carried out if the activity is consistent with the zoning plan and a permit is granted. The regulations

may prohibit and control other activities within the park.

Consent authorities are required to consult with the Marine Parks Authority concerning development

that is to occur outside the marine park but is likely to impact the plants or animals within the marine

park or their habitat.

Hearnes Lake falls into the Solitary Island Marine Park, and is zoned for Habitat Protection.



Catchment Management Act 2003

The purpose of the Catchment Management Act 2003 is to establish catchment management

authorities that would carry out certain natural resource management functions in their regions.

There are thirteen catchment management authorities in New South Wales. Hearnes Lake falls in

the Northern Rivers catchment area. The Act repeals the Catchment Management Act 1989 and

amends various other Acts.

The objectives of the Act are:

• To provide natural resource planning on a catchment level;

• To ensure that the decisions about natural resources take into account appropriate catchment

issues;

• To ensure that catchment level decisions take into account state standards and involve the

Natural Resource Commission in catchment planning;

• To make use of the communities’ knowledge and expertise and to involved them in decision

making;

• To ensure proper management of natural resources from the social, economic and

environmental issues; and

• To provide financial assistance and incentives to landholders in connection with natural resource

management.

Under the Act each catchment authority is required to prepare a draft Catchment Action Plan (CAP)

as soon as possible after the commencement of this Act and submit it for approval by the Minister.

It is expected that the Draft Catchment Action Plan will be based on the Integrated Catchment

Management Plan (“Catchment Blueprint”) for the Upper North Coast Catchment prepared by Upper

North Coast Catchment Management Board.

Natural Resource Management Act 2003

The Natural Resource Management Act 2003 is responsible for the creation of the Natural Resources

Commission. The objectives of the Act are:

• To establish a sound scientific basis for the informed management of natural resources in

regards to the social, economic and environment interests of the State;

• To enable the adoption of State-wide standards and targets for natural resource management

issues; and

• To advise in the circumstance where broad-scale clearing is regarded to be an improvement or

maintenance of environmental outcomes for the purpose of the Native Vegetation Act 2003.

The Natural Resource Commission consists of a full time Commissioner and Assistant

Commissioner. The role of the Commission is to provide the government with independent advice on

natural resource management, in addition to recommending state-wide targets for natural resource

management, approval of catchment action plans, and commenting on the effectiveness of these

plans. The commission would also undertake natural resource management assessments, and



would control investigations and inquires into natural resource management issues and research of

the issues.

Coastal Protection Act 1979

The Coastal Protection Act 1979 was amended in 1998 and extended the coastal zone to include

estuaries, coastal lakes and lagoons, islands and rivers in recognition of the strong connection

between estuaries and the open coast. The coastal zone is delineated on maps approved by the

Minister for Planning.

The Coastal Protection Act 1979 provides general supervision of the use, occupation and

development of the coastal zone. This includes a requirement for public authorities to gain agreement

from the Minister for Planning before any development is carried out or consent is given for the use,

occupation or development of the coastal zone. It also provides for general supervision of

development within the coastal zone that is not otherwise subject to the provisions of an

environmental planning instrument (other than a State Environmental Planning Policy).

The Act requires that the Minister promotes ecologically sustainable development. The Minister may

reject development or use of occupation of the coastal zone, that is inconsistent with the principles of

ecologically sustainable development, or that may adversely affect the behaviour or be adversely

affected by the behaviour of the sea or an arm of the sea or any bay, inlet, lagoon, lake, body of

water, river, stream or watercourse.

Local Government Act 1993

The Local Government Act 1993 creates local governments and grants them the power to perform

their functions, which involve management, development, protection, restoration, enhancement and

conservation of the environment for the local government area. The functions of the local

government are to be performed in a manner that are consistent with and promote the principles of

ecologically sustainable development.

The Local Government (Ecologically Sustainable Development) Act 1997 amends this Act, so that

the guiding operational principles are ecologically sustainable development and sustainable use of

resources.

Crown Lands Act 1989

The Crown Lands Act 1989 provides for the administration and management of Crown land, which

includes most beaches, coastal reserves, nearshore waters and estuaries, including Hearnes Lake.

The Crown Lands Act 1989, requires a land assessment to be undertaken prior to the reservation,

dedication, exchange, vesting or sale of Crown land, or the granting of easements, leases or licences

in respect of such land. The process for land assessment is specified by the Act and the Crown

Lands Regulation 2000. It requires the physical characteristics of the land to be identified, the land’s

capabilities to be assessed and suitable uses identified. A draft land assessment is publicly exhibited

for 28 days for comment. The exhibited draft may indicate a preferred use or uses.



COMMONWEALTH LEGISLATION

Environment Protection and Biodiversity Conservation Act

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is the main

Commonwealth Law responsible for the protection of flora and fauna. The EPBC Act commenced on

16 July 2000 and replaced the Environmental Protection (Impact of Proposals) Act 1974 (Cth), the

Act which formerly set out requirements for environmental assessment in Federal law.

This Act applies to:

• Flora and fauna within areas controlled or owned by the Commonwealth;

• Flora or fauna that may be harmed by the actions of the Commonwealth agency; and

• Actions that may have a significant effect on species on the national threatened species list.

The EPBC Act has increased the number of activities that will be subject to environmental

assessment and approval by the Commonwealth government, and has given a more important role

and broader powers to the Federal Minister for the Environment (the 'Minister'). Under the EPBC Act,

it is necessary to obtain an approval from the Minister to carry out a 'controlled action', which is an

activity that is likely to have a significant effect on the environment, or likely to have a significant effect

on a "matter of national environmental significance".

The act provides protection to species and ecological communities by:

• Creating a process for the listing of protected species and ecological communities;

• Requiring the assessment and approval of proposals that are likely to have a significant impact

upon threatened species, and ecological community or a migratory species; and

• Requiring permits for actions in a Commonwealth area that involve the killing, injury or taking of a

listed threatened species or ecological community.

The EPBC Act provides protection for threatened species, migratory species that are listed under the

JAMBA Convention, the CAMBA Convention or Bonn Convention, and listed marine species as

detailed by the Department of Environment and Heritage.

The EPBC Act provides protection to Ramsar wetland from actions that would result in significant

impact on the wetlands. However, an action that may have significant impact on the ecological

character of a declared Ramsar wetland might take place outside the boundaries of the wetland. A

declared Ramsar wetland is an area that has been designated under Article 2 of the Ramsar

Convention or declared by the Minister for the Environment to be a declared Ramsar wetland in

accordance with section 16 the Act.

The EPBC Act was amended in 2003 to include protection of National Heritage. This amendment

involved, including ‘national heritage’ as new matter of national environment significance, and the

establishment of a national heritage list.



IMPORTANT PLANNING DOCUMENTATION

Zoning Plan for the Solitary Island Marine Park

Solitary Island Marine Park covers and area of approximately 71,000 hectares, extending from

Muttonbird Island in the south to Plover Island in the north and from the mean high water mark and

upper tidal limits of coastal estuaries, seaward to three nautical miles. The Park was declared in

1998 under the Marine Park Act 1997. It was previously a marine reserve, declared in May 1991

under the Fisheries and Oyster Farms Act 1935 (Environment Australia, 2001).

The Marine Parks Act 1997 requires the preparation of a zoning plan and an operational plan for

each of the marine parks. The zoning plan details the location of each zone and activities that are

permitted in that zone, and it should be considered in conjunction with the operation plan (refer to

next section).

The Marine Park is broken up into the following zones, refer Figure A-2:

• Sanctuary Zones: Covers approximately 12% (8650 hectares) of the marine park. This zone

has the highest level of environmental protection, and prohibits all fishing;

• Habitat Protection Zone: Covers approximately 54% (38860 hectares) of the marine park.

This zone provides a high level of environmental protection, and prohibits high impact

commercial activities such as trawling, whilst permitting many recreational activities, which

includes recreational fishing. Most of the estuarine systems are protected within the sanctuary or

habitat zone;

• Special Purpose Zone: Covers approximately 1% (57 hectares) of the marine park. The areas

with special management requirements such as oyster leases, scientific study, sites of

significance to Aboriginal communities; and

• General Zones: Covers approximately 34% (23 920 hectares) of the marine park. For all areas

within the marine park not subject to other forms of zoning. These areas are usually found in the

deeper offshore areas, generally to the east of the islands. This zone allows for a wider range of

activities, including recreation and commercial fishing.

The park has three distinct ecological regions: northern, central and southern sections, and there is a

strong ecological gradient from the coast to deep water, refer Figure A-3.

Operation Plan for the Solitary Island Marine Park

Under the Marine Parks Act 1997, an Operational Plan is required for each Marine Park. This

operational plan details the management intent of the Marine Parks Authority in providing

conservation and sustainable use of the Solitary Island Marine Park in accordance with the objective

of the Marine Parks Act 1997.

The document contains eleven management categories, which have a strong focus on the

management of biological diversity, resource use in and adjacent to, a multiple use marine park, as

well as maritime heritage and cultural issues.



Figure A-2 Solitary Island Marine Park Zones

The Marine Park Authority encourages the community to become involved in the management of the

marine park through the actions outlined in the document. Community involvement could include

community monitoring programs or in the development of codes of conduct for specific activities.

The ten management categories outlined in the Operational Plan are:

1. Management for Conservation of Biodiversity and Maintenance of Ecological Processes: the aim

is to ensure maintenance of ecological processes and the protection of the diverse range of

habitats within the Solitary Islands Marine Park. Particular emphasis is placed on conserving all



marine species that are susceptible to human impacts and are categorised as threatened,

protected or endemic;

2. Management for Ecological Sustainable Use: the aim is to ensure that the values of the marine

park remain intact for future generations, whilst allowing for particular activities to be carried out.

The operational plan provided management actions for the following activities: fishing and

collecting, aquaculture, scuba diving and snorkelling, marine mammal watch, boating and

personal water craft, beaching and camping activities, and vehicle use;

3. Management of Indigenous Culture: this ensures the protection of aboriginal sites of significance

and ecologically sustainable Aboriginal use of resources;

4. Management of Non –Indigenous Culture: the aim is to provide protection to shipwrecks and

scenic features both above and below the surface, as well as the coastal views. These features

were originally deemed to be of national significance and resulted in the Marine Park being listed

on the Register of the National Estate in 1993; and

5. Management of other issues: The aim is to ensure a coordinated and rapid response to incidents

within the marine parks, early detection of marine pests, provision of safe moorings and

appropriate consideration of development applications;

6. Research and monitoring: The aim is to research and monitor different aspects of the park

including biodiversity and ecological processes, Aboriginal and non-Aboriginal cultural and

heritage, ecological sustainable use and specific impacts;

7. Community education and involvement: The aim is to encourages interaction between people

and marine flora and fauna without causing harm;

8. Compliance programs: to ensure that the zones in the Marine Park are used appropriately,

compliance programs are run to ensure that users understand and comply to the zoning scheme;

9. Permit system: A permit system is used for regulating activities and operations in the marine

park, limiting impacts on particular areas, separating conflicting activities and ensuring that the

park is used appropriately by a large number of people. Permit systems also enable data

collection; and

10. Management arrangements with Commonwealth: the Marine Parks Authority works with a

number of Government Departments under a variety of management arrangements.

For each of these categories different management actions have been developed to ensure that the

Marine Park is managed effectively.

Catchment Blueprint, Integrated Catchment Management Plan for the Upper North Coast Catchment

An Integrated Catchment Management Plan has been prepared for the Upper Catchment Coast of

NSW, including the Clarence Catchment, Bellinger Catchment and Coffs Harbour Waterways

catchment. The Plan, known as the “Catchment Blueprint” was prepared by the Upper North Coast

Catchment Management Board (UNCCMB), which was replaced in 2004 by the Northern River

NRCMA. Whilst a new Catchment Action Plan is currently being prepared by the new NRCMA, it is

expected that its will largely conform to the Catchment Blueprint, prepared by the previous UNCCMB,

as described below.



The upper north coast region is characterised by a great diversity in land type characteristics, land

use patterns and social demographics. Natural conservation is a focus of the region, with the Solitary

Island Marine Reserve and a large portion of the National Parks on the World Heritage list.

The main concerns for the area are population growth and the decline in resilience of natural system.

Within the area, there is a need to repair and restore river systems, implement new management

practices, increase biodiversity conservation measures, reduce landuse conflict, coordinate NRM

planning, and support catchment communities to undertake NRM.

The following groups are involved in the implementation of catchment blueprint NRM Community

Groups, Land Managers, Industry, Conservation Organisations, Local, State and Federal

Governments.

The objectives of the Integrated Catchment Management Plan for the Upper North Coast are:

• Management of the impact of the human population, through effective land-use planning that

minimises future land-use conflict over our diminishing natural resources. This land-use planning

requires active community participation to incorporate the spiritual and cultural values of the

whole community, including indigenous people.

• The retention and restoration of wildlife habitats, to protect biodiversity from threatening

processes and to secure diverse and resilient eco-systems;

• Land managed in accordance with land capability in order to prevent further degradation, to

ensure appropriate land-use and to rehabilitate the environmental attributes of land’s resources;

• Achieve water quality throughout the catchments and within receiving estuarine and marine

waters that meet both human and environmental requirements; and

• A community with adequate resources and capacity to implement best land management

practices and ensure the effective stewardship (care and management) of the environment.

Catchment and Management Targets

There are four catchment targets, and for each of the catchment target there are relevant

management targets. These targets are to be achieved within 10 years of implementation:

1. Stream and River Health: this catchment target is to rehabilitate and protect the stream health

(structure/riparian/vegetation/flow) of 60% of stream length in all identified streams, in priority

sub-catchment by 2012. The benefits of this target would be bank, bed and vegetation stability

as well as improved habitat for all trophic levels and improved water quality over time. The

improvements would also benefit the environment for the community and the natural system.

The management targets are as follows:

• RH1: Rehabilitate and protect the functionality and increase the overall connectivity of

vegetation communities along 60% of stream length in all identified streams, in priority

sub-catchments, by 2007;

• RH2: Rehabilitate and protect the stream structure of 60% of the stream length in all

identified streams, in priority catchments, by 2007.



• RH3: Flow management implemented across priority sub-catchments by 2002, and

across all remaining sub-catchments, by 2007;

• RH4: Address the identified gaps in the management of key water quality point-source

industries/activities across the area by 2007;

• RH5: Identify future priority sub-catchment through an assessment of stream health

and increase community capacity across the Board area to achieve river health and

increase community capacity across the Board area to achieve river health targets by

2007;

• RH6: All Councils to have completed Integrated Urban Water Cycle Plans and 60% of

actions implemented by 2012.

2. Habitat and Biodiversity: The catchment target would be to achieve an increase in biodiversity

quality in 20,000 ha of identified ecosystems by 2012. The north coast is prized for its

biodiversity and many people have moved to the area to enjoy these qualities. The Board is

focusing on establishing conservation management through landholders, communities, industry

and governments. The benefit will be a reduction in the threats of weeds, pests and

fragmentation and will increase the ecosystem robustness.


• H1: A 15,000 ha increase in the area of identified terrestrial ecosystems under

conservation management by 2007;

• H2: No net loss of native vegetation from 2002;

• H3: Improve the quality of identified ecosystems and other public lands, by 2007 through,

developing control strategies for priority environmental weed species impacting on

biodiversity; developing and implementing strategies to manage at least vertebrate pest

species impacting on biodiversity; implementing relevant actions in Threatened Species

Recovery Plans; and reducing native vegetation fragmentation and isolation by

establishment of 1,800 ha of vegetation in identified corridors.

• H4: Broad-scale inventory of all aquatic and marine ecosystems within Board area, and

appropriate management priorities developed in 2004;

• H5: A 2000 ha increase in the area of identified aquatic and marine ecosystems within

the Board area and appropriate management by 2007;

• H6: Implementation of Plans of Management in 5 high profile priority aquatic and/or

marine areas by 2007.

2. Landuse Planning: The target is, 100% of planning-related Blueprint actions are to be

incorporated into regional strategies and local plans by 2007. The benefit of this target is landuse

planning will reduce natural resource degradation, which is associated with development and

land use practices. Important environment areas will be purchased and brought under

conservation management regimes. Other important agricultural and environmental land will be

protected through local environmental planning.

Achievement of this target will reduce environmental costs associated with development and

increase investment in environmental improvements.




• P1: From 2002 and by 2007, all settlement strategies will include provisions addressing

improvement of natural resource values within the sub-catchment of new settlement

areas; no loss of important habitat in new areas; and a net increase in residential

density in existing sewered urban areas;

• P2: Existing zoning in 100% of identified areas reviewed to incorporate improvement of

natural resource values within the sub-catchment of the identified area from 2002 and

before further development values within the sub-catchment in identified areas by 2003;

• P3: LEPs, DCPs to address impacts from new rural activities in identified areas by

2003;

• P4: Identification and protection of all important agricultural, environmentally sensitive

and cultural land incorporated into regional or local planning instruments in 100% of the

(then) Board area by 2007;

• P5: Integration into the regional planning system coordination, facilitation and

implementation of all natural resource management plans by 2007; and

• P6: All urban and rural settlement by 2005 occurring only in accordance with the Rural

Lands Strategy and “Our Living City” Settlement Strategy.

3. Land Management: The aim of this catchment target is to reduce the area affected by land

degradation by 15% by 2012. The benefits of achieving this target include reducing the levels of

soil health degradation, rehabilitation of degraded landscapes, reduction in sedimentation rates

and improved water quality.

The management targets include:

• L1: A 5% increase in the area of agricultural land in priority areas managed in

accordance with Best Operating Practices to improve soil health by 2007;

• L2: Modify flood mitigation and drainage works and implement land management

practices over 10,000 hectares of Acid Sulphate Soils (ASS) Hot Spots by 2007;

• L3: Implementation erosion and sediment control plans for 10% of roads within priority

areas by 2007;

• L4: 1260 hectares of degraded land rehabilitated in priority areas by 2007; and

• L5: 100% of coastal zones within the UNCCMB area included in Management Plans by

2005 and 60% of Management Plan recommendations implemented in 2012.

In order to achieve these Catchment and Management targets specific activities have been identified

as well as priority areas, cost estimates, and stakeholder responsible for implementation.

The Blueprint includes 88 actions which required $273 million, approximately 31% of the cost are

based target actions, and 67% of costs has is issue-based target actions.

The Blueprint will be continually developed and improved over the next ten years. The NCCMB will

be required to produce an annual report for the Minister for Land and Water Conservation on the

progress of the blueprint implementation.



Every five years the blueprint will be reviewed to determine whether it actions are adequate and

appropriate for meeting the blueprint targets. The review may include recommendation to change the

targets and/or supporting prioritised management actions.

With the recent establishment of the Northern Rivers CMA, under the provision of the CMA Act 2003,

the catchment blueprint is no longer a valid future management planning document. Under the CMA

Act, the Northern Rivers CMA is required to prepare a Catchment Action Plan (CAP). As indicated

previously, given the extensive efforts that have gone into preparing the blueprint, it is likely that the

CAP will be based extensively on the Catchment Blueprint, although some adjustments will be

required.

Rural Lands Strategic Plan

The Rural Lands Strategic Plan has been developed in partnership with Council and community. The

aim of the plan is to provide a better future for rural communities within the Coffs Harbour LGA.

The environmental sustainability objectives of the plan are:

• To maintain and improve biodiversity and protect water quality;

• To provide for development that enhances environmental values and is compatible with

environmental constraints; and

• To ensure development is energy efficient and minimises greenhouse gas emissions.

The Rural Lands Strategic Plan was supplemented by a Draft Local Environmental Plan (LEP) which

amended the Coffs Harbour City LEP 2000. LEP Amendment 15 was gazetted on 26 November

2004.

Individual plans would be developed for each of the areas, and would consider the context of the

overall strategic plan for the rural lands. Hearnes Lake would be considered within the Northern

Beaches Place Management Strategy. The Place Management Plans would include a statement of

the future character of each area and a number of actions to achieve this.

Koala Plan of Management

The Koala Plan of Management was developed by the NSW National Parks and Wildlife Service

(NPWS) in consultation with the Coffs Harbour City Council, under the provision of SEPP 44 – Koala

Habitat Protection. This Plan of Management replaces the requirements of SEPP 44 within the Coffs

Harbour LGA.

The aim of this plan is to provide a framework for the conservation and management of koala habitat

and the management of threat to koalas, to ensure a permanent free-living population over their

present range in Coffs Harbour LGA and reverse the current trend of koala population decline.

The Plan of Management applies to all land within the Coffs Harbour LGA, excluding:

• Land that is subject to an existing ‘Individual (site specific) Koala Plan of Management’ prepared

and approve in accordance with SEPP 44; and

• Land described as Lot 1 DP 709734, Lot 1 and 2 DP 704273, Pt Lot 1 DP 708738 and Pt Portion

227, being the Airport Site, Coffs Harbour.



The Plan of Management provides the necessary habitat mapping and management guidelines for

conserving koalas at the local level. The areas of core koala habitat are mapped as Primary,

Secondary and Tertiary Koala Habitat. Different planning controls apply to different habitat types and

controls also apply to land adjoining Primary Koala Habitat.

Areas classified as Primary Koala Habitat are the most significant habitats available to koalas in the

LGA and consequently require a high level of protection. Development is to be minimised in areas

surrounding Primary Habitats, particularly those that would result in scattered preferred koala trees, in

order to maintain opportunities for free movement of koalas between areas of habitat. Secondary

Koala Habitat areas tend to support high koala populations and also provide linkage between areas

of Primary Koala Habitats. Tertiary Koala Habitats generally occur in rural parts of the LGA, west of

the coastal range. These areas are mainly threatened by agricultural development, and therefore

development would be limited depending on the impact it has on Koala Habitats.

The Plan makes provisions for the following actions:

• Koala habitats will be protected through land use zoning and development controls and

standards, in the LEP and through Council’s Open Space Management Plans;

• LEP 2000 will guide development adjacent to koala habitats, in koala habitat link areas and

areas of scattered habitat remnants;

• Within the LGA, measures will be taken to reduce the threat to koalas from traffic at identified

“black spots”, to reduce risks from domestic dogs on koalas, and koala habitat values will be

considered in fire management strategies;

• Koala health and welfare issues in the LGA will continue to be managed by the Wildlife

Information and Rescue Services (WIRES);

• A number of public education and research initiatives are recommended; and

• A Koala Advisory Committee to guide implementation of the Plan will be established.

A map of the koala habitat areas around Hearnes Lake that are subject to the Koala Plan of

Management is shown in Figure A-3.

Draft Vegetation Strategy

The aim of the vegetation strategy is to provide a clear and consistent framework for the conservation

and management of native vegetation, consistent with the principles of Ecological Sustainable

Development, within the Coffs Harbour LGA. The Draft Vegetation Strategy provides a guiding

document to the setting of priorities and targets for vegetation conservation, rehabilitation and

vegetation clearing controls. The strategy links actions under the Native Vegetation Conservation Act

and Council’s Biodiversity Action Strategy.

The vegetation strategy protects natural heritage values in the long term, minimises habitat

disturbances, enhances the long-term well being of the natural ecosystem, maximises opportunities

for carbon sinks, reduces greenhouse gas emissions and promotes environmental capacity to cope

with pollution from development.



Figure A-3 Koala Habitat Areas (CHCC, 2005)

Four categories of ecological value have been identified based on vegetation attribute maps, which

includes very high value, high value, medium value and low value. The overall strategy for vegetation

management is to prioritise the protection of high and very high value vegetation subject to economic

and social sustainability limits.

In order to achieve the overall strategy, targets have been set for both coastal and rural areas. These

targets have been divided into conservation of vegetation, rehabilitation, and management protection

targets.

The Vegetation Strategy is supplemented by a draft Local Environmental Plan (LEP) which amends

the Coffs Harbour LEP 2000 and a Regional Vegetation Management Plan.

In addition to the Vegetation Strategy, Council has prepared a Vegetation Conservation Development

Control Plan (for the coastal areas); a Regional Vegetation Management Plan (which applies to most

rural / non-urban areas), and a Local Vegetation Management Plan, which mostly applies to rural

areas within the Coffs Harbour LGA. The Local Vegetation Management Plan complements the Tree

Preservation Order, which also applies to urban lands and some rural lands east of the Pacific

Highway.



Sewerage Strategy

The Sewerage Strategy was developed by Coffs Harbour City Council, which included a package of

works and actions to be completed over the next 20 years in order to provide a modern, integrated

sewerage system.

The purpose of the Sewerage Strategy (as relating specifically to Hearnes Lake) is to:

• Sewer the urban areas around Hearnes Lake;

• Replace the three existing shoreline outfalls at Willis Creek, Coffs Harbour and Sawtell with one

properly constructed deep sea release to the south of the Solitary Island Marine Park, 1.5 km

offshore and in at least 20 m of water;

• Develop a long term plan for reuse of reclaimed water; and

• Develop re-use projects to increase community confidence and develop best management

practises for effluent re-use.

Water Supply DSP 2003 and Wastewater Treatment Carrier System DSP 2003

According to Section 64 of the Local Government Act 1993 the local government council is able to

charge a levy to the developer for water supply, by means of a cross-reference to Section 406 of the

Water Management Act 2000. Similarly, the local government is able to charge a levy to the

developer for wastewater supply, by means of a cross-reference to Section 306 of the Water

Management Act 2000. The Development Servicing Plan (DSP) details the water and wastewater

development charges are to be levied on development areas.

This DSP supersedes any other requirement related to water and wastewater developer charges for

the areas covered by the DSP. The DSP take precedence over any of Council’s codes or policies

where there are any inconsistencies relating to water or wastewater developer charges.

The DSP should be read in conjunction with the Coffs Harbour LEP 2000.

Plan of Management for Natural Areas

This Plan of Management is one of a series Management Plans for open space lands managed by

the Coffs Harbour City Council. It provides a management strategy for ongoing maintenance and

management activities for specified natural areas.

The aims of the Plan of Management are to provide a framework for the management of the natural

areas, and to meet the requirements of Section 36 of the Local Government Act 1993, to prepare

plans of management for Council owned Community classified lands.

This plan of management is supplementary to any specific plan of management which may apply to

the identified lands.

The plan of management applies to a number of Council controlled lands which have been classified

as natural areas, excluding coastal reserves. The plan of management presents a schedule of lands

and plans of lands. The lands that are specified are either Council owned Community classified



lands or Crown Lands for which Council has care control and management or is the appointed

trustee. These lands are usually zoned 6(a) Open Space – Existing under the Coffs Harbour Local

Environment Plan 1988.

Coastal Reserves / Regional Park Plan of Management

This Plan of Management has been prepared to guide the future management, use and development

of Coastal Crown Reserves for which Coffs Harbour City Council is the appointed Corporate Manager

of the Reserve Trust. The plan also covers Council owned reserves on the coastal strip.

The Plan of Management is prepared in accordance with the Crowns Lands Act 1989, Local

Government Act 1993 and the NSW Coastal Policy 1997.

The plan outlines the Coastal Reserve lands, resources, values and the goals of the Plan. It provides

an overview and a guide to management of beaches, natural areas and recreation reserves. The

overview includes maps showing natural areas, recreational areas and access strategies for each

part of the Coastal Reserves. The plan also includes a management strategy which details strategies

for specific aspects of management of natural areas and coastal processes, recreation, access, and

implementation (including regulation of activities, planning, works and funding).

The Plan of Management includes Coastal Crown reserves for which Council is the Corporate

Manager of the appointed Reserve trust. The Plan does not include Coastal Crown Reserves which

are managed by Community trust, which includes Moonee Beach Reserve.

At present management of coastal reserves of Coffs Harbour LGA is being changed. The reserve will

be called regional parks and will be managed jointly by Coffs Harbour City Council and DECC

(NPWS).

The coastal barrier dunes between Hearnes Lake and the ocean are included in the Coffs Coast

Regional Park (refer Figure 1-8).

RELEVANT POLICIES

Estuary Management Policy 1992

The NSW Estuary Management Policy is one of a suite of policies under the umbrella NSW State

Rivers and Estuaries Policy. The Estuary Management Policy was developed in response to the

State Government’s recognition of the social and economic importance of estuaries. The specified

general goal of the policy is “to achieve an integrated balance responsible and ecologically

sustainable use of the State estuaries which form a key component of coastal catchments”.

Specific objectives can be summarised as:

• Protection of estuarine habitats and eco-systems in the long term;

• Preparation and implementation of a balanced long term management plan for the sustainable

use of each estuary and its catchment;

• Conservation of habitats;

• Conservation of aesthetic values;



• Prevention of further estuary degradation;

• Repair of damage to the estuarine environment; and

• Sustainable use of estuarine resources.

The Estuary Management Policy is implemented through the State’s Estuary Management Program.

This Estuary Management Plan has been prepared in accordance with the program to help meet the

objectives of the Estuary Management Policy, and the Coastal Policy, is described below.

NSW Coastal Policy 1997

The aim of the New South Wales Coastal Policy 1997 is to promote the ecologically sustainable

development of the New South Wales coastline. To achieve this, the policy sets out various goals,

objective and actions.

This policy applies to areas the fall into the coastal zone. The coastal zone is defined by the area that

extends to:

• Three nautical miles seaward of the mainland and offshore islands;

• One kilometre inland of the ‘open coast’ High Water Mark;

• One kilometre around all the bays, estuaries, coastal lakes, lagoons and island; and

• In relation to tidal rivers, one kilometre around the tidal waters of the river to the limit o

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