Draft Plan of Management for Tyalgum Public Recreation and ... - Land

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Tyalgum Public Recreation and Preservation of Native Flora and Fauna Reserve2. PLANNING AND CONTEXT2.1 LEGISLATIVE FRAMEWORKThe planning and management of Crown land is subject to a range of legislative and policyprovisions, which form the legal framework for the preparation and implementation of PoMs.Those provisions relevant to the Reserve and this PoM are outlined below.Crown Lands Act 1989Crown reserves in New South Wales must be used and managed in accordance with theprovisions of the Crown Lands Act 1989. The principles for the management of Crown landare set out in Section 11 of the Act. They are:• That environmental protection principles be observed in relation to the managementand administration of Crown land.• That the natural resources of Crown land (including water, soil, flora, fauna andscenic quality) be conserved wherever possible• That public use and enjoyment of appropriate Crown land be encouraged.• That, where appropriate, multiple use of Crown land be encouraged.• That, where appropriate, Crown land should be used and managed in such a way thatboth the land and its resources are sustained in perpetuity. That Crown land beoccupied, used, sold, leased, licensed or otherwise dealt with in the best interests ofthe State consistent with the above principles.Part 5 of the Act sets out the requirements for the reservation and management of Crownland including the formation of reserve trusts, plans of management and the principles ofreserve administration. The proposed uses, development and management practices of areserve must be consistent with its notified public purposes, unless additional purposes havebeen approved.Crown Lands Regulation 2006The Crown Lands Regulation 2006 is made under the Crown Lands Act 1989 and deals witha range of matters relating to Crown reserves and reserve trusts, including the purposes forwhich temporary licences may be granted and the exhibition of draft plans of management.Trusts are required to furnish a report on their activities to the Minister for RegionalInfrastructure and Services each year pursuant to Section 32 of the Regulation.Environmental Planning and Assessment Act 1979The Environmental Planning and Assessment Act 1979 (EP&A Act) provides the statutoryframework for the control of the use and development of land in New South Wales. It is alegislative requirement of the Act that councils develop Local Environmental Plans (LEP).An LEP is the principal statutory document guiding planning decisions in a particular LocalGovernment Area (LGA). It provides for the division of an LGA into various zones, sets outwhat developments can be carried out within each zone, whether the approval of Council isrequired for certain developments and/or whether any special requirements apply toproposed developments.TYALGUM RESERVE PLAN OF MANAGEMENT: EXHIBITION DRAFT 6
Tyalgum Public Recreation and Preservation of Native Flora and Fauna ReserveThe EP&A Act provides the statutory basis for the development assessment process inNSW. Depending on the proponent and the scale of the development or activity proposed,different parts of the Act may apply.Most development proposals would be assessed under Part 4. Section 79C of Part 4 outlinesthe general matters a consent authority (generally a council) must consider when assessinga development application. These matters include:• the provisions ofo any environmental planning instrument;o any proposed instrument that is or has been the subject of public consultationunder the Act and that has been notified to the consent authority;o any development control plan;o any planning agreement that has been entered into under the Act, or any draftplanning agreement that a developer has offered to enter into under the Act;o the Regulations; ando any coastal zone management plan (within the meaning of the CoastalProtection Act 1979),that apply to the land to which the development application relates,• the likely impacts of the development, including environmental impacts on both thenatural and built environment, and social and economic impacts on the locality;• the suitability of the site for the development;• any submissions made in accordance with the Act or the Regulations; and• the public interest.Activities that do not require development consent are assessed under Part 5 of the EP&AAct. In these cases, the proponent must prepare a review of environmental factors which willdetermine whether the activities may proceed, or whether they are likely to have significanteffects on the environment, in which case an environmental impact statement must beprepared.Land Use ZoningUnder the current Tweed Local Environment Plan 2000, Lot 104 on DP 727788 is zoned‘Open Space’ (6a), while the remainder of the lots in the Reserve are zoned ‘Village’ (2d).The latter zoning is not compatible with the notified purposes of the Reserve.However, the current Tweed Draft Local Environment Plan 2010 incorporates all lots withinthe ‘Public Recreation’ Zone (RE1). The objectives of the proposed zone are congruent withthe Reserve’s purposes. They are:• To enable land to be used for public open space and recreational purposes.• To provide a range of recreational settings and activities and compatible land uses.• To protect and enhance the natural environment for recreational purposes.Under the draft zoning the following is permitted:• Permitted without consent: Environmental facilities; environmental protection works;roads.TYALGUM RESERVE PLAN OF MANAGEMENT: EXHIBITION DRAFT 7
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Draft Plan of Management for Tyalgum Public Recreation and ... - Land

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