REFERENCES - Coffs Harbour City Council - NSW Government

REFERENCES 119 

11 REFERENCES 

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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 

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[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 

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


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. 10 th 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. 14 th ann. NSW coast. conf., Narooma, 8 

– 11 Nov. 2005 

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

16 th 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 



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 

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[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 

400m 2 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 m 3 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. 



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

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. 



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

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 of 

mangroves or the tidal limit (whichever is closer to the sea). 

Based on the above definitions, Hearnes Lake and its foreshores will fall within the defined coastal 

zone, therefore the Coastal Policy has been considered in the preparation of the Hearnes Lake 

Estuary Management Plan. 

The relevance of the Policy to future development is that the council is required to implement the 

policy when making local environment plans applying to land within the coastal zone and to take the 

provisions of the policy into consideration when determining development applications in the coastal 

zone. 

As the NSW Coastal Policy 1997 applies to Hearnes Lake, Council is required to reflect the principles 

of ecologically sustainable development in planning and management decisions. Also, Council is 

committed to the principles of ecologically sustainable development through the Local Government 

Act 1993 (amended 1997), which are embodied within Council’s Environmental Policy 2002. 

The Hearnes Lake Estuary Management Plan outlines a series of actions that are fundamentally 

aligned with the ESD principles. Therefore, the Plan provides a framework for implementing these 

principles as they apply to the estuaries, and their associated catchments. 

Objectives 

The Coastal Policy has nine goals, each underpinned by objectives that are to be achieved by 

strategic actions. Responsibilities for these actions have been assigned to appropriate agencies, 

councils and other bodies. DECC is wholly or partly responsible for nearly half of the strategic actions 

in the Coastal Policy, with many of these involving a partnership with local councils. 



The nine goals of the NSW Coastal Policy 1997 are: 

1. To protect, rehabilitate and improve the natural environment; 

2. To recognise and accommodate natural processes and climate change; 

3. To protect and enhance the aesthetic qualities; 

4. To protect and conserve cultural heritage; 

5. To promote Ecologically Sustainable Development; 

6. To provide for ecologically sustainable human settlement; 

7. To provide for appropriate public access and use; 

8. To provide information to enable effective management; and 

9. To provide for integrated planning and management. 

With regard to Hearnes Lake, the Policy specifically recommends that detailed management plans for 

estuaries be prepared and implemented in accordance with the NSW Government’s Estuary 

Management Manual. 

Ecologically Sustainable Development 

The four principles of Ecologically Sustainable Development (ESD) are: 

1. The precautionary principle: The lack of full scientific evidence should not be used as a 

justification for the postponement of the introduction of measures to prevent or mitigate 

environmental degradation. This principle is fundamental to adaptive management. 

Monitoring and prevention are central to the precautionary principle – monitoring to measure 

progress, and prevention to minimise costs and risks. Decisions can and should be refined as 

ongoing monitoring and research provides better understanding. 

2. Intergenerational equity: Each generation should ensure that the health, diversity and 

productivity of the environment is maintained or enhanced for future generations. This 

principle points to institutional and community responsibilities for integrated management, to 

ensure quality of life is maintained and enhanced. 

3. Conservation of biological diversity and ecological integrity: Measures should be taken to 

prevent and protect against the extinction or loss of viability of plant and animal species due to 

human activities. 

4. Improved valuation and pricing of environmental resources: The quality and value of 

environmental resources should be maintained and enhanced through appropriate 

management and pricing, preventing degradation and damage. 



RESEARCH/REPORTS 

Healthy Rivers Commission Independent Inquiry into the 

North Coast 

The NSW Healthy Rivers Commission (HRC) released a report on the Independent Inquiry into the 

North Coast Rivers (HRC, 2003). The rivers included within this investigation are Tweed, Brunswick, 

Richmond, Coffs coast creeks, Bellinger, Nambucca, Macleay, Hastings, Camden Haven, Manning 

and Karuah. Hearnes Lake is included within the Coffs coast creeks. 

The north coast planning processes has looked at ways to accommodate the predicted demand for 

development associated with a 30% increase in coastal population by 2030. The Inquiry has looked 

at how the North Coast Rivers will accommodate the forecast population and sustain the riverine 

ecosystem and the activities which are dependent on the river health. 

Ten recommendations were made in order to improve the health of the north coast rivers. These 

recommendations build on existing processes and government programs. 

• Joint accountabilities: The HRC recommends the formation of a North River taskforce to 

establish and secure a common set of goals and strategies. 

• River Health Goals: The river health goals need to be developed for each catchment, taking 

into consideration the ecological values of the stream, risk or threats to their sustainability, the 

social and economic values, current and desired future consideration, natural recovery 

potential, practicability of protection or restoration, resources available for management 

responses and the desired priorities. The HRC has suggested that the following three 

categories of river health goals are defined for the north coast rivers: streams to be conserved, 

streams for which selected values are to be protected or enhanced; and streams for 

‘sustainable use’. 

• Sustainable Agriculture: Agriculture is the single largest contributor to the north coast 

economy. There is potential for management practices of some primary producers to impact 

adversely on river health and of the uses of the river. Consequently, it is important to promote 

and facilitate the adoption of ‘sustainable agriculture’ practices by farmers. Of particular 

concern on the north coast are coastal floodplains subject to acid sulphate soils. 

• Sustainable Aquaculture: Promoting sustainable aquaculture will lead to the protection of 

river health from any potentially adverse impacts of aquaculture and conversely areas 

identified as desirable for aquaculture would be protected against the adverse impacts of other 

land and water uses. Oyster farming is the most well-known and developed form of 

aquaculture in NSW, Moonee Creek is not used for oyster farming or any other form of 

aquaculture. 

• Fisheries Management: needs to be integrated with management of rivers and estuaries 

since healthy rivers and healthy fish habitats are closely interrelated. Moonee Creek is 

protected under the Marine Parks Act 1997, which means that it is already protected from a 

number of fishing activities, which includes commercial fishing. 



• Regional Planning: The Commission found that the natural resource management planning 

process in the North Coast River has been undertaken largely in isolation from others, and 

from other land use planning processes. Similar to other Inquires carried out, the Commission 

advocated a “whole of system” approach to the management of land and water. 

• Connectivity of stream networks: The Commission observed that there is an opportunity to 

protect stream networks in the north coast. These stream networks provide natural 

connectivity, and can achieve multiple social and environmental goals. The Commission 

expressed that the stream networks should be recognised and pursued in all relevant 

planning, policy and funding programs. 

• Water Cycle Management: In order to cater for an increasing population, a “whole of system” 

approach to water cycle management will be required for adequate provision of water supply, 

sewerage and stormwater management services. 

• Estuarine Dredging: The Commission recommended that future maintenance dredging 

needs to be carried out within the context of ecologically sustainable development, and striving 

to preserve the health of the river and estuary. In addition, the impacts of dredging for 

navigation and other purposes need to be investigated, addressing the likely response of the 

estuary and coast to the works. 

• Navigation and River Health: The Commission indicated that future dredging of estuaries 

and entrances for navigation purposes should be managed within the context of state policy. 

The Commission has indicated that there is a need for a state-wide review of the goals and 

implications of dredging for navigation purposes and other boating safety measures. 

The Final Report provides recommendation for river health goals and strategies, as well as 

timeframes and the lead and key agencies that would be responsible for the implementation of the 

strategies, depending on the NSW Government decisions on the Commission recommendations. 

Healthy Rivers Commission Independent Inquiry into Coastal 

Lakes 

The NSW Healthy Rivers Commission (HRC) carried out an Independent Inquiry into Coastal Lakes 

to highlight the need for improved and coordinated management of coastal lakes (including ICOLLs) 

in NSW (HRC, 2002). This inquiry involved community and stakeholder consultation for 

approximately 90 coastal lakes throughout NSW. While the inquiry focused on typically larger lakes 

and lagoons along the NSW coastline, HRC advised that the approach adopted is applicable to all 

estuaries, particularly the smaller coastal creeks that have intermittently open entrances (HRC, 2002). 

The outcomes of the community and stakeholder consultation, along with the findings of preliminary 

scientific investigations of the coastal lakes, indicated that the lakes provide valuable ecological, 

social and economic benefits to local and wider communities, yet pressures placed on them by 

increasing development within their catchments and around their foreshores, have caused 

degradation (HRC, 2002). It was viewed by HRC (2002) that there was no agreed management 

system that pays sufficient regard to the inherent limitations of coastal lakes, and that a fundamental 

change in the decision making process regarding coastal lakes was required in order to achieve 

‘healthier’ coastal lakes in NSW. Given the limitations of existing management frameworks, the HRC 



developed a strategy to assist environmental managers make better decisions regarding future 

management of coastal lakes. The strategy included: 

• A ‘management framework’ for major classes of coastal lakes; 

• Preparation of Sustainability Assessment and Management Plans for each coastal lake; 

• Arrangements to implement key elements of the strategy (e.g. implementation responsibilities); 

and 

• A range of supporting initiatives. 

With each coastal lake classified into one of four categories, the ‘management framework’ provides 

guidance as to: 

• The underlying intention of management decisions; 

• The scope of the Sustainability Assessment; 

• The intended outcomes; 

• The types of actions possible; and 

• A selection of management ‘tools’ for implementing actions. 

The four categories of coastal lakes, as defined by HRC (2002) comprise: 

Comprehensive Protection: where the restoration and preservation of all natural ecosystems is 

paramount. These lakes generally have pristine or near pristine catchments, with little modification to 

the waterbody, and a high conservation value. 

Significant Protection: where focus should be placed on restoring and preserving critical natural 

ecosystem processes. These lakes generally have largely unmodified to somewhat modified 

catchments and slightly affected waterbodies. The recognised conservation value of these lakes can 

be moderate to high. 

Healthy Modified Condition: where key and/or highly valued ecosystem processes are to be 

rehabilitated and retained. These lakes generally have modified catchment and waterbody 

conditions, but can still retain some recognised conservation value. 

Targeted Repair: where a preferred lake condition is sought through rehabilitation. These lakes 

generally have highly modified catchments, with significant impacts on the waterbodies. There is 

generally little recognised conservation value of these lakes. 

HRC (2002) classified 90 coastal lakes into these four categories based on their: 

• Natural sensitivity to human activities; 

• Existing condition of the catchment and lake waterbody; and 

• Recognised natural and resource conservation values. 

Hearnes Lake was classified as Healthy Modified Condition. 

Sustainability Assessment and Management Plans (SAMPs) were recommended for each coastal 

lake by HRC (2002). It was viewed that the SAMPs would define what activities can and cannot be 



carried out within the lake and catchment, given the capability and limitations of the lake to sustain 

existing and likely future human activities. HRC (2002) indicated that Sustainability Assessments for 

coastal lakes should be carried out at three levels: 

• State-wide; 

• lake specific; and 

• site specific. 

The HRC Independent Inquiry process, which places all coastal lakes into one of the four classes 

described above, essentially constitutes the “state-wide” assessment (HRC, 2002). The lake-specific 

sustainability assessments would be based on more detailed information about individual coastal 

lakes, and would build on existing information, such as Estuary Processes Studies and soil maps, 

wherever possible. HRC (2002) indicated that lake-specific assessments should consider, as a 

minimum: 

• Key ecosystem processes and thresholds; 

• Catchment processes; 

• Environmental and ecosystem values; 

• Indigenous values; 

• Sustainable resource usage; 

• Resident values; 

• Public health implications; and 

• Existing and possible future mechanisms for implementing strategies. 

HRC (2002) suggested that the nature and scope of the sustainability assessments should be 

influenced by the management orientation (or class) of the lake. For example, assessments for 

Comprehensive Protection lakes would focus on identifying actions required for restoring and 

preserving natural processes, whereas assessments for Targeted Repair lakes may be focused on 

mitigating adverse effects, such as algal blooms. 

Site-specific sustainability assessments should be carried out by proponents of individual 

development proposals, and would confirm or fine-tune the assessments at the lake-specific level 

(HRC, 2002). 

In a formal Statement of Intent regarding the HRC inquiry, the NSW Government (2003) committed 

resources and funds to carry out a series of pilot Sustainability Assessment and Management Plans 

(SAMPs) for a small group of priority coastal lakes, comprising Cudgen, Myall, Wollumboola, Burrill, 

Narrawallee, Coila, Merimbula and Back Lakes. 

Furthermore, the NSW Government (2003) agreed to implementation of a number of supporting 

initiatives, including: 

• Assessing risks associated with sea level rise and change in storm events; 

• Reserve the beds of coastal lakes classified as Comprehensive Protection as part of nearby or 

adjacent national parks, or declaring the lakes as Marine Parks or Aquatic Reserves; 



• Declaring adjacent Crown Land with outstanding conservation value as reserves; 

• Revise estuary and coastal management manuals; 

• Explore possibilities for nominating a group of South Coast lakes for World Heritage Listing; 

• Reinforce efforts to contain the spread of the noxious aquatic weed Caulerpa taxifolia; and 

• Investigate possibilities for managing undeveloped private land with outstanding conservation 

value. 


APPENDIX B: IDENTIFICATION AND ASSESSMENT OF POTENTIAL 

MANAGEMENT OPTIONS 

Objectives Prioritisation (by CEMAC) 

average score rank 

1. Enhance and protect the vegetation and natural habitat values of Hearnes 

Lake, its riparian zone and the broader catchment landscape. 

2. Establish, maintain and protect healthy populations of native estuary species 

(including fish, birds, etc), especially locally rare and threatened species, such as 

19.42857143 1 

Jabiru, Brolga and Wallum Froglet. 18.28571429 2 

3. Ensure stock and pets do not degrade habitats and impact on species 

abundance. 12.14285714 12 

4. Reduce the prevalence and impacts of weeds and pests on Hearnes Lake. 

5. Rationalise and improve public access and infrastructure to meet existing and 

future recreational needs without impacting on the estuary and its habitats. 

12.28571429 11 

6. Support and encourage local industries, activities and practices that do not 

7.428571429 16 

impact on the environmental values of Hearnes Lake (including tourism, 

agriculture, recreation). 

7. Educate the residents and visiting public regarding the values and importance 

of Hearnes Lake, including appropriate companion animal management. 

7.714285714 15 

8. All future development (including urban, tourism, roads, agriculture) shall have 

12.71428571 10 

a net positive impact on the biophysical environment of Hearnes Lake. 

9. Future development shall be prohibited from areas of unsuitable capability (e.g. 

low-lying land, steep slopes, highly erosive soils, sensitive adjacent environments, 

13.71428571 3 

important existing habitats, etc). 

10. The unique Aboriginal and European cultural heritage of Hearnes Lake and 

surrounding areas shall be appreciated and enjoyed by current and future 

13.28571429 7 

generations. 

11. Water quality of the estuary shall meet requirements for maintaining 

11.14285714 13 

environmental health and for minimising risks to human health. 

12. Inputs of sediment and pollutants from areas of past land clearing and 

13.14285714 9 

development (including urban, agriculture, tourism) shall be reduced. 

13. Prevent sewage leachate (from on-site and septic systems, reticulated system 

overflows, land-based effluent reuse, etc) from entering Hearnes Lake and its 

13.71428571 3 

tributaries. 

14. Ensure the entrance of Hearnes Lake is not subject to artificial modifications, 

unless to mitigate a significant, persistent and scientifically validated risk to human 

13.42857143 6 

health. 

15. Ensure that future climate change is considered when making long-term 

decisions regarding Hearnes Lake and its catchment (e.g. land development, 

landuse changes, and construction of roads, stormwater treatment measures and 

4.857142857 20 

other infrastructure). 

16. Relevant environmental planning provisions shall consider and protect the 

8.571428571 14 

environmental values of the estuary. 

17. Relevant agencies shall provide sufficient financial and personnel resources to 

fulfil this Plan and shall be held accountable for its implementation. 

13.71428571 3 

18. Monitoring and evaluation of Plan outcomes will guide periodic modifications 

13.28571429 7 

and adaptations of this Plan. 

19. The community shall be informed periodically on implementation of the Plan, 

and will continue to be engaged regarding future management of the estuary. 

6.428571429 18 

20. Continue to collect and share information and knowledge to promote on-going 

6.428571429 18 

learning about Hearnes Lake and its catchment. 6.714285714 17 


IDENTIFICATION AND ASSESSMENT OF POTENTIAL MANAGEMENT OPTIONS B-2 

Strategies Prioritisation (by Multi-Criteria Analysis) 

Management Objectives 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 total cost cum_fact effect/accept total_fact 

Priority Timeframe Management Options 19.3 18 11 13 8 7.5 14 13 12 9.7 12 13 12 4.2 6.7 15 12 6.8 6 7.2 Committee.rank 1=hi,2=m,3=lo 3=hi,2=m,3=lo 

PMC-1 Critical Med 1a. Acquire and preserve foreshore land 1 0.5 0.5 34.665 3 103.995 3 311.985 

PMC-2 High Med 1b. Incorporate foreshore land into CCRP 0.5 0.5 1 33.165 2 66.33 2 132.66 

PMC-3 High Short 2. Prevent inappropriate vegetation removal 1 0.5 1 42.83 3 128.49 1 128.49 

PMC-4 Very High Short 3. Consider lake impacts in highway re-routing 0.5 0.5 1 30.165 3 90.495 2 180.99 

PMC-5 Medium Med 4. Conservation of privately owned vegetation 

5. Prevent artificial opening of lake entrance unless 

1 0.5 0.5 35.58 1 35.58 2 71.16 

PMC-6 Critical Short for exceptional circumstances 

6. Consider lake impacts in effluent reuse farm 

0.5 0.5 1 1 0.5 36.755 3 110.265 3 330.795 

PMC-7 Very High Short expansion 

7. Amend SEPP-14 to include estuarine vegetation 

0.5 0.5 1 30.165 3 90.495 2 180.99 

PMC-8 Critical Short communities of Hearnes Lake 1 0.5 1 1 53.66 3 160.98 2 321.96 

DC-1 Critical Immed 8. Buffer lake from future development 

9. Limit runoff and pollutant loads from future 

1 0.5 0.5 0.5 1 1 58.92 3 176.76 3 530.28 

DC-2 Critical Med development 

10a. Compensatory revegetation to offset future 

0.5 0.5 1 1 40.255 3 120.765 3 362.295 

DC-3 Critical Med development 1 1 1 50 3 150 2 300 

DC-4 Very High Med 10b. Revegetated private lands to be conserved 0.5 1 0.5 29.585 3 88.755 2 177.51 

DC-5 Medium Immed 11. Limit population within feeder area 

12. Developer contributions to recreational facilities 

0.5 0.5 15.335 3 46.005 1 46.005 

DC-6 Medium Med and amenities 1 8 3 24 2 48 

DC-7 High Immed 13. Promote eco-friendly development 

14. Connect caravan park to reticulated sewerage 

0.5 0.5 0.5 0.5 1 0.5 44.33 3 132.99 1 132.99 

R-1 Very High Immed system 1 1 1 0.5 40.335 2 80.67 3 242.01 

R-2 High Immed 15. Audit on-site systems and upgrade as necessary 

16. Appropriately manage existing and future 

1 1 1 37 2 74 2 148 

R-3 High Short sewerage system 

17. Treat stormwater runoff from Sandy Beach village 

1 0.5 1 0.5 34 2 68 2 136 

R-4 High Short and caravan park 

18. Catch sediment wash-off from driveways, road 

0.5 1 1 0.5 34.42 1 34.42 3 103.26 

R-5 High Short verges and car parks 1 1 24.67 2 49.34 3 148.02 

R-6 High Short 19. Revegetation of foreshores and within catchment 

20. Rehabilitate former Timber Mill and other 

1 1 37.33 2 74.66 2 149.32 

R-7 High Med degraded lands 0.5 1 1 34.335 1 34.335 3 103.005 

R-8 Very High Short 21. Remove environmental weeds and control pests 

22. Remove cattle from lake margins and fence across 

1 1 1 50.16 2 100.32 3 300.96 

R-9 Very High Immed waterway 

23. Prepare and implement a foreshore access 

1 0.5 1 0.5 45.16 3 135.48 2 270.96 

A-1 High Immed improvement plan 

24. Install and maintain additional picnic facilities and 

0.5 0.5 0.5 1 0.5 32.165 1 32.165 3 96.495 

A-2 Medium Med amenities 1 8 2 16 3 48 

A-3 High Short 25. Rationalise 4WD access to beach 0.5 0.5 1 26.665 2 53.33 2 106.66 

A-4 High Immed 26. Rationalise dog exercising areas on beach 1 1 0.5 35.915 3 107.745 2 215.49 

A-5 High Med 27. Discourage motorised vessels on the lake 

28. Retain and restore one fishing cottage at lake 

1 18 3 54 2 108 

H-1 Low Med entrance 

29. Raise awareness of habitat values of Hearnes 

1 9.67 1 9.67 3 29.01 

E-1 High Short Lake and importance of SIMP 0.5 0.5 0.5 0.5 1 44.665 2 89.33 2 178.66 

E-2 Low Med 30. Raise awareness of cultural values 

31. Raise awareness regarding the risks to users of 

1 9.67 3 29.01 2 58.02 

E-3 Medium Short the lake 

32. Rural education program promoting best practice 

1 12 3 36 2 72 

E-4 Very High Immed techniques for environmental management 

33. Establish and support a community-based 

0.5 0.5 1 1 0.5 1 60.995 2 121.99 2 243.98 

E-5 Very High Immed volunteer conservation group 

34. Periodically distribute newletter to residents 

1 0.5 1 0.5 48.245 2 96.49 3 289.47 

E-6 Low Short regarding Estuary Management Plan 1 6 3 18 3 54 

M-1 Medium Short 35. Monitor water quality for human health 

36. Monitor water levels and water quality within the 

1 1 14 2 28 3 84 

M-2 Medium Short lake and tributaries for environmental purposes 

37. Periodically re-map aquatic vegetation around 

1 1 14 2 28 3 84 

M-3 Medium Med Hearnes Lake 

38. Periodically monitor a range of biological 

1 1 14 2 28 3 84 

M-4 Medium Med indicators to help assess estuarine health 

39. Periodically monitor the recreational use of 

1 1 14 2 28 3 84 

M-5 Medium Short Hearnes Lake and foreshore areas 

40. Agencies to incorporate EMP strategies into short 

1 1 14 2 28 3 84 

AE-1 High Immed and long term works programs 1 12.17 3 36.51 2 73.02 

AE-2 High Short 

41. Increase enforcement of fishing and other 

environmental protection regulations 1 0.5 25.25 2 50.5 2 101 


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REFERENCES - Coffs Harbour City Council - NSW Government

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