TS Council are inviting landowners and the community to provide their feedback on the draft Planning Proposal PP23/0001 which is the first in a series of planning proposals that will apply conservation zones across the whole of the Tweed.
It proposes to amend the Tweed Local Environmental Plan (LEP) 2014 by adding in the planning controls for the new conservation zones (C2 and C3).
“Environmental Zones (E zones) are the only way that local communities can over-ride the State Government’s new draconian land clearing laws, apply reasonable constraints on logging, and limit inappropriate developments in our most important remnant vegetation”, according to NEFA spokesperson Dailan Pugh.
“The far north coast has been identified as both a national and international Biodiversity Hotspot because of its high number of endemic species and the threats of excessive land clearing.
“Our predecessors cleared most of the 75,000ha Big Scrub, Australia’s largest area of lowland subtropical rainforest. Even with regeneration there is less than 1,000 ha left today.
“A similar fate befell many of the forests in the Richmond, Tweed and Brunswick valleys, giving the region the ignominy of having the most species threatened with extinction in NSW.
“Back in 2012 NSW Farmers and the National Party were successful in stopping the Tweed, Byron, Ballina, Kyogle and Lismore Councils from proceeding with their proposed Environmental Zones and had them excised from the Council’s Local Environmental Plans as Deferred Areas.
“In 2015 new rules were introduced just for the far north coast in an attempt to restrict Council’s ability to implement Environmental Zones. Since then Kyogle and Lismore Councils have given-up and removed all Environmental Zones from their Local Environment Plans.
“Now that Byron Council has its proposed Environmental Zones on exhibition NSW Farmers are pushing to have E-zones prohibited, and the Department of Planning is once again threatening to intervene”, (The Land, 9 November 2017).
“North Coast Councils have had environmental zones since the late 1980s. For the past 30 years they have been effective in protecting many important places.
“We need to restore protection to these areas and extend it to other high environmental value vegetation, such as rainforest, oldgrowth forest, endangered ecological communities, important habitat for Koalas and other threatened species, wetlands and vegetation on stream banks.
“The National Party has boasted that their new rules will allow a fourfold increase in land clearing. The Government’s mapping of the limited lands to be excluded from clearing leaves most of the remnant high environmental value vegetation left on the far north-coast at risk.
“Australia is second out of the top seven countries worldwide responsible for 60% of the world’s biodiversity loss between 1996 and 2008, which has been primarily attributed to landclearing in Queensland and NSW.
“As shown at Whian Whian in 2013 and recently at Limpinwood, regulation of logging has taken a similar open slather approach due to few constraints and lax regulation by the EPA.
“Both Ballina and Tweed Councils have asked the State Government to give them a consent role in forestry in an attempt to better protect Koalas and other threatened species. The Government refused their requests. It is only E-zones that give councils this power.
“We need E-zones to protect our important areas from this Government’s environmental vandalism. We can’t let the NSW Farmers get rid of our last line of defence” Mr. Pugh said.
FOR FURTHER INFORMATION OR COMMENT: Dailan Pugh 66 807063 (Before 11am)
MEDIA RELEASE – 10 November 2017
office@stokes.minister.nsw.gov.au
14th December 2015
Northern Councils E Zones Recommendations
Dear Mr Stokes
Members of Caldera Environment Centre would like to submit their concerns in relation to the recommendations of the E Zone review of northern councils as they relate to Tweed Shire.
A recent public workshop on the recommendations was held by our group and the EDO at Murwillumbah. Those attending, approximately 40, overwhelming supported the implementation of E Zones in areas of native vegetation. This is a similar response to that at community consultation sessions during the period of the review. There have been very few issues against the implementation of E Zones in Tweed Shire.
The main considerations being the confirmation of the primary use being for environmental conservation or management and also fulfilling the criteria for E2 or E3 is impractical and onerous. These considerations are unrealistic in that this is a reversal of accepted practice to map and assess vegetation of conservation value, it will be time consuming and costly for Council and/or landholder to determine primary use as environmental conservation or management and likely to lead to disputes. Instead of a scientific approach to verify environmental values this is an ad hoc “use over past 2 years” approach. Similarly to verify the attributes to fulfil the E2 or E3 criteria to be undertaken by the listed methods such as site assessment, aerial photo interpretation and up to date flora and fauna studies will require significant allocation of expertise and funds by Council. It is likely that some areas of high conservation value vegetation currently zoned as environmental protection may not fulfil the recommended criteria.
Even when the land fulfils both criteria then it is not mandatory for the Council to apply the E2 or E3 zone. This certainly does not make sense.
Permitting extensive agriculture in E2 Zones, with consent, and E3 Zones without consent, will be detrimental to the conservation significance of the land within the zone. The example of activities provided in the document being, understorey grazing, can reduce the native seed bank and deplete groundcover and midstorey native plant species. This will result in a loss of biodiversity as there will be a lack of regenerating native plants and introduction of exotic species and loss of structure and function of the plant community.
The recommended removal of Scenic Protection and Aesthetic Values from E Zones will result in the loss of currently protected Scenic Escarpment which is a valuable asset to the tourism industry and also ensures stabilization of the steeper slopes by retaining the vegetation.
The mandatory objectives of E Zones in the Standard Instrument LEP are not met if permitting extensive agriculture is recommended. The objectives of E2 and E3 zones focus on protecting, managing and restoring areas with ecological, scientific, cultural and aesthetic values.
The recommendations are premature as there are current reviews of Biodiversity legislation and Coastal Management Reforms.
This recommended approach to E Zones has the potential to significantly undermine existing biodiversity values and has the potential to decrease future improvement in protection and enhancement of biodiversity values of the north coast.
The Caldera Environment Centre is extremely concerned by the recommendations as Tweed Shire and the other north coast council areas are of high biodiversity significance and there should be insurance that this is not depleted or lost.
Yours sincerely
Caldera Environment Centre
For a copy of the presentation visit http://www.edonsw.org.au/past_workshop_materials
Links to further information:
EDO NSW:
http://www.edonsw.org.au/new_approach_to_north_coast_environmental_zones
Northern Councils E Zone Review Final Recommendations Report:
The General Manager
Tweed Shire Council
PO Box 816
Murwillumbah NSW 2482
18 January 2013
Caldera Environment Centre (CEC) is extremely disappointed that Tweed Shire Council has rushed the draft LEP to exhibition due to pressure from the Minister for Planning. The Minister’s media release appears to be the justification for placing the Standard Instrument LEP on exhibition without giving full consideration to the protection of environmentally significant areas by zoning these areas E2 and E3. The media release in September 2012 stated the Minister “will not endorse the use of the E2 and E3 environmental zones on land that is clearly rural in council LEPs on the Far North Coast”.
TSC should have placed the protection of environmentally significant areas within the shire above the intent of the state government. The inclusion of E2 and E3 zones proposed in the draft LEP 2010 would not impact on “clearly rural land” as the areas are generally bushland. The Minister for Planning’s media release is not grounds to proceed with the draft LEP 2012 without full consideration of issues detailed in this submission.
Considering the significant amount of studies already undertaken in the coastal area (previous environmental assessment and planning documents and strategies) and the excellent Shire wide vegetation mapping produced by Council there is sound “science based” information on which to base E zoning.
The exhibition period was extended to 60days after the request to councillors from the CEC to have the period extended from the proposed 28day period. The exhibition period included the Christmas/New Year break. Our request also included community workshops. TSC provided community workshops originally at four venues but excluded venues in the Tweed Heads Banora Point locations. The publicity was minimal for the first five thus workshops were poorly attended. By the time of the final workshop, 2 days ago, at Tweed Heads there was additional promotion and community interest. This was after a meeting called by CEC and Team Koala at very short notice and extremely well attended by representatives of 28 community groups.
CEC rejects the Draft LEP 2012 and calls for:
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OR
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An analysis has been provided to CEC by the EDO on our submission.
1 There are no sound reasons (the Minister’s request is not considered a sound reason) against incorporating the draft LEP 2010 as this document has been exhibited and approval given by the Department of Planning to proceed. To revert solely to a document produced pre 2000 is inconceivable as this version does not include updated conservation and biodiversity values of the Tweed. In October 2012 Council abandoned the Revised Environmental Strategy (a document which was specifically prepared to link the TVMS with the proposed LEP) in favour of a so-called “roll over” of LEP 2000 on the basis that the Department of Planning were pressuring Council to finalise its LEP.
Council promotes the draft LEP as a roll over of the current Tweed LEP 2000 however it ignores critical environmental changes recommended in the Council-adopted Tweed Vegetation Management Strategy 2004 (TVMS) some of which were included in Draft LEP 2010.
While Draft LEP 2010 included increased environmental protection zones along the Tweed Coast, the limitations inherent in the LEP Standard Instrument made it impossible to implement Council’s adopted policy in the rural hinterland. The result was removal of over 5000 ha of environmental protection zones from much of the rural hinterland. This provoked a strong public response with over 400 submissions, the majority being concerned about the loss of environmental protection zones in the west of the Shire.
To address this situation, Council (along with other North Coast Councils) lobbied the State Government for a more flexible approach and was eventually successful in having the Standard Instrument LEP changed. This breakthrough provided a way forward which would be supported by the Department of Planning and would see the implementation of a flexible but extensive E3 Environmental Management zone over highly constrained and steep lands consistent with the Tweed Vegetation Management Strategy. Council staff proceeded with a Revised Environmental Strategy to implement the Tweed Vegetation Management Strategy by further reviewing Draft LEP 2010.
Disturbingly, the Council report of 25 October 2012 which recommended this about-turn to remain with the current LEP 2000 was presented to the first meeting of the new Council and:
Did not include the Revised Environmental Strategy.
Did not clearly explain Council’s adopted policy on environmental protection.
Provided misleading advice regarding the ability of Council’s policy position to be implemented under the Standard Instrument LEP. No alternative options were provided.
Did not consider the environmental consequences which would see more than 1200 ha of bushland, including Koala habitat, previously identified for Environmental Protection zoning on the Tweed Coast allocated to other zones and the re-instatement of highly restrictive and poorly mapped environmental protection zones in the rural hinterland.
Did not consider the implications of the draft LEP on the Tweed Comprehensive Koala Plan of Management which was nearing completion.
Was not accompanied by any draft zoning maps which would allow Councillors and the community to scrutinise any changes to zones. We acknowledge that these maps were provided when the LEP was place on exhibition.
Did not assess whether or not any proposed additions to environmental protection zones would adversely affect agriculture and conflict with the Minister for Planning’s announcement (All new environmental zones proposed under Draft LEP 2010 were significant bushland habitat although many of the E zones in Draft LEP 2012 include lands used for agriculture!).
It is inconceivable that Council could have been aware of what they were agreeing to when they resolved to exhibit Draft LEP 2012.
2. The Department of Planning has recently commissioned a consultant to review the application of Environmental Protection Zones on the Far North Coast. This review was triggered by political pressure from rural landowners mainly in Lismore and Kyogle Shires, disgruntled by E zoning placed on their properties. The review of Tweed Shire E zoning will reveal that the E zoning proposed for the Tweed Coast in draft LEP 2010 was supported by the community and the previous state government as well as has little if any impact on rural land.
3. The draft LEP 2012 does not meet legislative requirements in that is does not apply environmental protection zoning to areas that fulfil the requirements of SEPP 44 – Koala Habitat Protection or to areas that are Endangered Ecological Communities and/or habitat for threatened species listed under the NSW Threatened Species Conservation Act 1995 (TSC Act) and the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
“A draft LEP that applies to land within an environment protection zone or land otherwise identified for environment protection purposes in a LEP shall not reduce the environmental protection standards that apply to the land“.
Clause 15 of SEPP 44 states:
15 Surveys, environmental protection zones and development control plans
In order to give effect to the aims of this Policy, a council of a local government area listed in Schedule 1 should:
(a) Survey the land within its area so as to identify areas of potential koala habitat and core koala habitat, and
(b) Make or amend a local environmental plan:
(i) To
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4. In complete opposition to its own policy (TVMS), Draft LEP 2012 removes over 1200 ha of bushland (mostly Koala habitat) previously zoned for Environmental Protection on the Tweed Coast under Draft LEP 2010. In addition areas currently protected by way of Tree Preservation Orders have decreased by about 10000ha. Examples of loss of protected areas most of which are Endangered Ecological Communities, Koala Habitat or critical Wildlife Corridors are at Koala Beach, Black Rocks, Tweed Coastal Reserve, West Pottsville, Chinderah, Wooyung and Tweed Heads West.
5. Council is currently preparing a Koala Plan of Management (KPoM) for the Tweed Coast to protect the highly vulnerable remaining population of Koalas. The proposed LEP’s extensive loss of environmental protection zoning on the Tweed Coast means that the KPoM’s ability to protect the current population is significantly compromised. Again this is contrary to Council’s recent unanimously-supported resolutions to protect all Koala habitat on the Tweed Coast and nominate Tweed Coast Koalas as an Endangered Population under the Threatened Species Conservation Act. The Tweed Coast Koala Advisory Group is now considering if it can actually produce a KPoM that will have any capacity to recover the Koala population.
6. The Revised Environmental Strategy has not been made available to Councillors or the community. Cr Milne has unsuccessfully attempted to obtain a copy of the Revised Environmental Strategy through the General Manager. She successfully moved that it be provided to the next Council meeting on the 24th January 2013. Instead a workshop is scheduled for 31st January 2013.
Surely, it is not wise to proceed with the Draft LEP 2012 until all these issues are addressed.
In summary Caldera Environment Centre recommends that:
Community rejects draft LEP 2012 and either defers or calls for a Public Hearing as due process has not been followed in development of this substantially different draft LEP 2012 as:
It is not consistent with TSC adopted policy and does not recognise extensive community feedback on Draft LEP 2010 which called for an increase in environment protection.
The draft LEP 2012 does not meet legislative requirements in that is does not apply environmental protection zoning to areas that fulfill the requirements of SEPP 44 – Koala Habitat Protection.
Council was misled because they were not provided with information on Councils current policy position or an assessment of the consequences to policy and the environment.
Department of Planning has announced a study to review environment zones on the north coast which is yet to be completed.
The Revised Environmental Strategy and draft KPoM have not yet been provided to Councillors or the community for review and comment.
In addition the change of the land use table for E3 zoning on the Tweed Coast in particular has also raised concerns. The weakening of E3 zones may be appropriate in the western areas of the shire where the zones impact on land adjacent to rural zoning or within rural holdings but not in areas where the land subject to the zoning is bushland.
An example of the inappropriate use of E3 zoning is the land west of Black Rocks Estate adjacent to the new sportsfields. This are should be given the higher protection, E2, as it is identified Koala habitat, Endangered Ecological Community and within an identified wildlife corridor.
Thank you for the opportunity to provide comment. It is hoped that full consideration is given to the comments and recommendations provided by CEC.
Regards
Sam Dawson
Co-ordinator
Caldera Environment Centre.
PlanningReforms@tweed.nsw.gov.au
Councillors
kmilne@tweed.nsw.gov.au gbagnall@tweed.nsw.gov.au
marmstrong@tweed.nsw.gov.au blongland@tweed.nsw.gov.au
wpolglase@tweed.nsw.gov.au pyoungblutt@tweed.nsw.gov.au cbyrne@tweed.nsw.gov.au
State Reps
Thomas George lismore@parliament.nsw.gov.au
Geoff Provest tweed@parliament.nsw.gov.au
Luke Foley Luke.Foley@parliament.nsw.gov.au
Addendum
CEC supports Cr Bagnall’s Notice of Motion – Agenda items 24th January 2013.
Note – CKPoM to be added to documents to be included.
Cr Gary Bagnall – Notice of motion (45) that Council suspend further work on the Local Environmental Plan subject to the inclusion of Council’s revised Environmental Strategy and the release of the Department of Planning’s consultants report on the application of environmental zones on the North Coast of NSW; and
CEC awaits the response by Council to Cr Milne’s questions below.
Cr Katie Milne Questions on notice (49, 50 and 51):
How and when is Council’s revised Environmental Strategy, now proposed to be included in the Local Environmental Plan?
Why did Council not provide Councillors, in the Council report of October 2012, the option of including Council’s Revised Environmental Strategy, and were there any instructions from the State Government that prohibited this strategy from being included or whose decision was it not to include those Strategy in the draft Local Environmental Plan 2012?
What effect will the Draft Local Environment Plan 2012 have on coastal protection of Koalas and the environment, Council’s Environmental Protection Strategy for the coast, and the draft Koala Plan of Management? and
CEC supports the recommendations of the TCKAG below.
The Executive Management Team Recommendations:
That Council notes the Tweed Coast Koala Advisory Group (TCKAG) advice [on Draft LEP 2012] that:
1. Approval of the draft Tweed LEP 2012 in its current form will have significant impacts on Council’s ability to appropriately protect and recover the koala populations on the Tweed Coast in accordance with Council’s previous resolutions on the matter.
2. Under Draft LEP 2012 effective protection of koala habitat and koala food trees (via tree preservation provisions) will be reduced across the Tweed Coast Koala Study Area from 19725ha to approximately 9435ha most of which is built up urban areas not generally frequented by koalas.
3. Approximately 1244 ha of lands previously identified for environmental zoning under Draft LEP 2010 within Tweed Coast Koala Study Area have been assigned to other zones in Draft LEP 2012. Most of this land has reverted to rural and non-urban zonings where koala habitat will not be able to be adequately protected.
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Draft Tweed Shire LEP 2012 – Coastal Koala habitat loses over 1200ha of protection
The Tweed Shire draft LEP 2012 is currently on exhibition for public comment. During the exhibition period there have been four public workshops to explain the draft LEP, with a fifth workshop to be held at Tweed Heads in early January.
Council promotes the draft LEP as a rollover of the current Tweed LEP 2000. This current LEP includes environmental protection zones in the west of the shire. The LEP 2000 was revised in 2010 when a draft LEP 2010 was put on public exhibition. This draft LEP provoked a public response with over 400 submissions with the majority being concerned about the loss of environmental protection zones in the west of the shire. Tweed Council did not proceed with the draft LEP. Amendment 21 which was adopted by council and supported by the Department of Planning in 2010 provided environmental protection zoning to the majority of areas of native vegetation remaining east of the Pacific Motorway.
Tweed Shire Council had the opportunity to prepare a draft LEP which retained the environmental protection zones in the west of the shire (LEP 2000) and the east of the shire (Amendment 21). Such an action would be in line with the state government announcement that there was to be no new environmental protection zones over rural land.
Instead the exhibited draft LEP 2012 has removed the Amendment 21 environmental protection zones from the east of the shire. This decision is a step backwards as the remaining highly diverse coastal habitats are under immense pressure from development.
Analysis of the loss of coastal habitat currently protected by environmental protection zoning shows that over 1200 hectares has been changed to other zonings which do not provide such protection. In addition areas currently protected by way of Tree Preservation Orders have decreased by about 10000ha. Examples of loss of protected areas are at Koala Beach, Black Rocks, Tweed Coastal Reserve, Wooyung and Tweed Heads west.
Council is currently preparing a Koala Plan of Management (KPoM) for the Tweed Coast to protect the highly vulnerable remaining population of Koalas. The proposed LEP’s extensive loss of environmental protection zoning on the Tweed Coast means that the KPoM’s ability to protect the current population is diminished. Council previously resolved to protect Koala habitat on the Tweed Coast.
Council has prepared an Environmental Strategy which has not been provided to councillors or community. In order for the community to be able to fully assess the implications of the proposed loss of environmental protection it is necessary for this document and the KPoM to be put on exhibition with the draft LEP.
The community has not been provided with this information during promotion of the draft LEP 2012 at the public workshops and in the promotional material. An extension of the exhibition period of draft LEP 2012 (presently 18 January 2013) is required to allow time to take into consideration the draft Environmental Strategy and examine the losses of environmental protection on the Tweed Coast.
Contact Tweed Shire Council and your councillors to extend the exhibition period and to provide all relevant documents.
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The Caldera Environment Centre is appalled by the recent announcement by the Minister for Planning and Infrastructure and local representatives Don Page and Thomas George to remove environmental protection zones (E2 and E3) from draft LEPs on the north coast. Claims by the farming lobby about restrictive constraints imposed by the new E zones are deliberately misleading and are a hyped-up scare campaign designed to provide an excuse for state intervention. The state government made the “promise” upon election to return control of planning decisions back to councils; this move to abolish E zones is state government interference and overruling of local planning decisions.
The Tweed Shire has a unique ecology that needs to be better appreciated. Current land management practices leave a lot to be desired, claims about private property “rights” forget to mention “responsibility”. If you have the right to own property, you have the responsibility to look after the flora and fauna on that property as well. This is the intent of the E zones, to send a signal that there are important environmental values in an area; this is a fact they should be proud of instead of being frightened.Contrary to assertions made by the farming lobby, the usual activities of agriculture can be carried out without requiring a Development Application under the proposed E zones.
The intent to remove environmental protection zones from rural land sets the Tweed back to the dark ages when there were no constraints on clearing of native vegetation. The existing LEP (2000) provided protection by way of Environmental Protection Zones (7a, 7l and 7d) on land which provided habitat for native flora and fauna or scenic values. Coastal lands were later provided additional protection by the introduction of an amendment to protect the remaining fragmented vegetation which is under constant pressure for development purposes. A tree preservation order (TPO) also protected the four main Koala food trees on the Tweed Coast (east of the Pacific Motorway).
This protection is now to be abandoned under the guise of restricting activities by rural landholders.
There will be no protection of high conservation value vegetation or opportunity for the community to challenge clearing of native vegetation. The state legislation, Native Vegetation Act, is also being rendered useless under current changes proposed by the state government to weaken the Act. Though this Act does (and has) provide for rights of the farming community to continue routine farming activities which were not proposed to be impacted by E2 and E3 zonings.
The draft LEP significantly reduces the area of land zoned for environmental protection (E2, E3 and E4) particularly in the west of the shire. The area of environmental protection should have been increased to reflect the bushland layer prepared as part of the Tweed Vegetation Management Strategy (2004). Although an extended E zone may not ensure protection and retention of native vegetation, the zone indicates to landholders that the native vegetation has been identified for protection and constraints apply. The replacement with the RU2 zone does not flag constraints as would an E zoning.
Along with reduction of environmental protection the controls over vegetation clearing in the proposed E zoning will be virtually ineffective as the Draft LEP does not include ‘clearing’ as an activity that requires development approval. Removal of the E zones altogether is a sign that the state government has forsaken all pretence of valuing Australia’s unique natural heritage.
Compliance is another important issue to be considered with council losing control of clearing as per the current LEP. Controls under the Native Vegetation Act will be useless in this shire as the current record of following up on clearing has been insignificant or nil. In this highly biodiverse shire a small area of native vegetation can be highly significant and recognized by classification under the Threatened Species Conservation Act (1995).
The Koala Plan of Management being prepared by Tweed Shire Council to protect the remaining small population of Koalas struggling to survive on the Tweed Coast will be toothless unless there is protection and extension of Koala habitat. Koalas and other native flora and fauna require core areas of habitat linked together to provide connectivity. The removal of the current environmental protection zones and tree preservation orders from the Tweed Coast will result in no protection of native vegetation thus heralding the death knell of Tweed Coastal Koalas and significant flora and fauna.
The current plight of the Koala on the east coast is a testament to the fact that current land management practices have got it wrong. The proposed new E zones aren’t even as extensive or as restrictive as the previous LEP. The proposal to abolish them is a statement by the current NSW state government that it is digging a grave for environmental protection.
The pressure on native bushland is obvious, koalas are becoming extinct. The current proposal to abolish the E zones proposed by the state Minister Hazzard is a sentence of E-xtinction for our Koalas.
Sincerely,
Samuel K. Dawson,
Coordinator, Caldera Environment Centre.
Please feel free to copy this letter or write your own and send it to the ministers and council
Contact Details for ministers:
Brad Hazzard, Minister for Planning office@hazzard.minister.nsw.
Don Page, Minister for Local Government office@page.minister.nsw.gov.
Thomas George MP for Lismore lismore@parliament.nsw.gov.au
Contact for council
Attn: General Manager tsc@tweed.nsw.gov.au
Councillors…
Councillor Barry Longland (Mayor)
blongland@tweed.nsw.gov.au
Councillor Michael Armstrong (Deputy Mayor)
marmstrong@tweed.nsw.gov.au
Councillor Gary Bagnall
gbagnall@tweed.nsw.gov.au
Councillor Carolyn Byrne
cbyrne@tweed.nsw.gov.au
Councillor Katie Milne
kmilne@tweed.nsw.gov.au
Councillor Warren Polglase
wpolglase@tweed.nsw.gov.au
Councillor Phil Youngblutt
pyoungblutt@tweed.nsw.gov.au
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