Assessing e Values and Management of the NSW Travelling ... - Land

More documents

Recommendations

Info

ASSESSING THE VALUES AND MANAGEMENT OF THE NSW TRAVELLING STOCK RESERVE (b) (c) The leasing in perpetuity of that land to the Crown at a nominal rent The preparation of a plan of management in respect of that land giving the claimant ALC or Aborigines defined rights or defined functions, in respect of that land. It must be shown that Aborigines have traditional rights to or long association with the land for such an agreement to be entered into. It is also possible for a claim to be granted outright if meets all the eight criteria listed above. 1.4.5. Heritage Act (1977) The Act allows for heritage items or places of particular importance to the people of NSW to be listed on the State Heritage Register, or for interim heritage orders to be made to protect heritage items or places. Approval must be obtained from the Heritage Council or local council before work can be done which might damage the item or place. Indigenous heritage items or places are protected under the National Parks and Wildlife Act 1974, although these things can also be listed for protection on the State Heritage Register or under an interim heritage order. 1.4.6 Forestry Act 1916 The Forestry Act 1916 regulates forestry on Crown-timber lands. “Crown-timber lands” are defined as land within a State Forest or flora reserve and Crown lands (whether or not held in a timber reserve), but does not include land which the Crown has leased to others, such as under a Western Lands Lease. It is an offence to clear timber from Crown-timber lands unless: (a) the person holds a licence from the Forestry Commission; (b) the clearing is authorised under the Native Vegetation Act 2003; (c) the work is authorised under the Mining Act 1992 (such as under a mining lease); or (d) the work is authorised under the Petroleum (Onshore) Act 1991 (such as under a petroleum production lease). Crown-timber lands can be the subject of a bio-banking agreement, but only with the consent of the Minister for Primary Industries. 1.4.7 Environmental Planning and Assessment Act 1979 (EP & A Act) This is the principle law overseeing the assessment and determination of development proposals in NSW. Proposals are considered under different parts of the Act, including: (a) Part 3A – major projects of regional or State significance which require approval from the Minister for Planning (b) Part 4 – other proposal that require consent, generally from local council (c) Part 5 - requires that matters which do not require development consent (under Part 4 of the Act) or approval as a 'major project' (under Part 3A of the Act). These are assessed in terms of likely environmental impact prior to any decision to proceed. The LPMA (Lands), as the landowner, is required to provide consent to the lodgement of any Development Application under Part 4. The LPMA (Lands) is the determining authority when granting approval for the use and development of Crown land that requires assessment under Part 5, that is, development REPORT ON METHODOLOGY AND FINDINGS AUGUST 2009 Page 13 of 88
ASSESSING THE VALUES AND MANAGEMENT OF THE NSW TRAVELLING STOCK RESERVE that does not require development consent. The LPMA (Lands) is required to consider the environmental impacts of a proposed development prior to granting an approval. Under Part 5 of the EP&A Act, environmental assessment comprises reviews of environmental factors (REF), environmental impact statements (EIS) and species impact statements (SIS). The assessment must consider the matters set down in s.111 of the Act and cl.228 of the EP&A Act Regulation. A REF is generally required for developments that have minor environmental impacts, an EIS will be required for developments that have major environmental impacts. An SIS must be prepared in accordance with ss.109-113 of the Threatened Species Act 1995 if the proposal is situated wholly or partially on critical habitat, or is likely to significantly effect threatened species, populations, or ecological communities or their habitats (s.112(1B) of the Act). 1.4.8 Native Vegetation Act (2003) The Native Vegetation Act 2003 separates the planning controls of the Environmental Planning and Assessment Act 1979 so that land clearing in rural areas and protected lands falls under a separate regime of planning and administration. Clearing remnant native vegetation or protected regrowth on a travelling stock reserve (TSR) requires approval under the Act, unless it is a permitted clearing activity or is excluded under the Act. Clearing is authorised through the use of Property Vegetation Plans (PVPs). Clearing includes cutting down trees, removing native vegetation, thinning, clearing groundcover, poisoning, ring barking, uprooting and burning native vegetation. There are five types of clearing that may be undertaken on a TSR that do not require approval under either the NV Act or (except in the case of clearing certain groundcover) the Threatened Species Conservation Act 1995 (TSC Act). These are: (a) clearing for routine agricultural management activities (RAMAs) (b) clearing of regrowth that is not protected (c) sustainable grazing (d) clearing associated with the continuation of existing farming practices (e) clearing native groundcover under certain conditions 1.4.9 National Parks and Wildlife Act 1974 Under the National Parks and Wildlife Act, the Director General of the NPWS is responsible for the care, control and management of all national parks, historic sites, nature reserves, reserves, Aboriginal areas and state game reserves. State conservation areas, karst conservation reserves and regional parks are also administered under the Act. The Director-General is also responsible under this legislation for the protection and care of native flora and fauna, and Aboriginal places and objects throughout NSW. REPORT ON METHODOLOGY AND FINDINGS AUGUST 2009 Page 14 of 88
Page 1 and 2: www.lpma.nsw.gov.au AND MANAGEMENT
Page 3 and 4: ASSESSING THE VALUES AND MANAGEMENT
Page 13: ASSESSING THE VALUES AND MANAGEMENT
Page 33 and 34: NOTES 1 Where an Aboriginal Land Cl
Page 65 and 66:
ASSESSING THE VALUES AND MANAGEMENT
Page 67 and 68:
Page 69 and 70:
Page 71 and 72:
Page 73 and 74:
Page 75 and 76:
Page 77 and 78:
Page 79 and 80:
Page 81 and 82:
Page 83 and 84:
Page 85 and 86:
Page 87 and 88:
Page 89 and 90:
show all

Assessing e Values and Management of the NSW Travelling ... - Land

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?