CEC submission to NSW coastal reforms

Caldera Environment Centre (CEC) has been established in Tweed Shire for the past 25 years to promote the protection of the environment.  Tweed Shire has a highly diverse coastal area which over the past years has been the subject of CEC campaigns.  A major campaign was the protection of the large Pottsville Wetlands which includes SEPP 14 wetlands with a successful outcome of over 200ha being transferred from private ownership to community land managed by Tweed Shire Council.

A CEC representative attended the Coastal Reforms presentation by OEH at Ballina and this month we were able to have the EDO facilitate a community workshop on the Coastal Reforms.

The Tweed coastal environment is under massive pressure from adjacent activities such as large residential and industrial developments, major roads, sports fields and an airport.

CEC supports in principle the objectives of the draft proposal in particular the protection of the environmental values, Aboriginal cultural heritage, ecological sustainable land use planning, mitigation of future and current risks and inclusion of climate change and coastal processes.

We would like to submit the following comments to be addressed in the new legislation:

•    The coastal zone mapping and draft text for the new State Environmental Planning Policy to be provided for public exhibition prior to adopting the Bill.  The mapping to be of a high standard to ensure that all candidate areas are included in the new SEPP and in coastal environment areas.  Tweed Shire currently has detailed coastal mapping whereas many coastal Councils only have broad scale mapping.  Funding should be provided to Councils to ensure the quality of their mapping.  There have been changes to the extent of both Coastal Wetlands and Littoral Rainforest since the original mapping undertaken for SEPP 14 and 26. We agree that the new SEPP be based on the current SEPP 14 and 26 mapping, but be refined after public consultation, aerial photo interpretation and ground truthing.   An example in Tweed Shire is the increase in area of Littoral Rainforest in the south of the shire at Wooyung.  Restoration of the vegetation between areas of SEPP 26 over the past 15 years has brought these areas to a standard which would now include them in the SEPP.  Similarly areas at Fingal have been restored and would now comply with requirements of SEPP 26.

•    Concurrence provisions should be maintained for the new SEPP as is the current case for SEPP 14 and 26.  This step provides additional scrutiny by the Department of Planning to ensure the provisions of the SEPP are fully addressed prior to any activities within the SEPPs.

•    The existing controls for mapped coastal wetlands and littoral rainforests should be maintained, including concurrence provisions.  We support the 100m buffer area to the new SEPP.

•    Coastal Environment area should be a higher status than Coastal Vulnerability and Coastal Use areas. The features included in this category are extremely important to ensure that remaining native vegetation, waterways and water bodies including areas that have been intentionally degraded is included as conservation areas and protected.  These areas should have the same protection as coastal wetlands and littoral rainforest.

•    The requirement for Councils to prepare a Coastal Manual for management programs must be mandatory and enforceable.   It is essential that all coastal Councils are preparing a document that includes sound environmental assessment and response to threats to the environment.  We oppose the structure that allows Council to move from Stage 1 to Stage 4 without addressing Stage 2 and Stage 3.  There are important considerations (water quality, biodiversity, vegetation, cultural values) in these stages which should be addressed prior to moving to the final stage.

The Manual is critical to the management and conservation of the coastal environment.  The programs should therefore be enforceable and included in the legislation and not left to the discretion of the Council.  Preparation should ensure that Councils are relying on recognised expert, peer-reviewed evidence and advice and appropriate assessment in responding to existing and predicted threats to the coastal environment, whilst providing for community engagement throughout the process.

•    The draft legislation (Section 29) is lacking on compliance and enforcement.  The legislation requires clear limits on coastal management and conservation that is set out in the coastal management areas and the programs. The section should set out limits on development within the coastal environment.

•    We support the constraint of development within the catchment that would impact on the 15 sensitive lakes and lagoons.  It is of concern that the coastal zone applicable to other coastal lake catchments could be reduced from 1 kilometre to 500m. Within Tweed Shire there has been continued impacts on the coastal Cudgen Lake from the catchment generally produced by inappropriate land management activities such as clearing and drainage.

•    CEC supports the proposed independent NSW Coastal Council will replace the current panels as long as the membership is of a high caliber and selected on merit.

Thank you for the opportunity to provide recommendations.

Regards,

Caldera Environment Centre

To:  Coastal Reform Team
coastal.reforms@environment.nsw.gov.au
Office of Environment and Heritage
PO Box A290
Sydney South
NSW 1232

Share