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Wetlands

Protection for Wetlands in NSW

NSW Wetlands are protected by a range of policies, legislation, planning instruments and international agreements.

Policies that are Relevant to Wetlands in NSW

Commonwealth Policies
Policy Responsibility Notes
Commonwealth Wetlands Policy 1997 Environment Australia National wetlands policy for managing wetlands on Commonwealth land, implementing commonwealth policy, working with states, territories and local governments, acting as a scientific basis for policy & management and international action.
State Policies
Policy Responsibility Notes
The NSW Coastal Policy 1997 Department of Urban Affairs and Planning ESD of the coast through water quality management, regulation, protection, restoration, SEPP14, SEPP26, conservation, reserve systems, ASS management, planning, cultural heritage protection, monitoring research & management.

The Coastal Council of NSW was established under the Coastal Protection Act 1997 to coordinate the actions of agencies and councils.
The NSW Estuary Management Policy 1992   Department of Land and Water Conservation A component policy of the NSW State Rivers and Estuaries Policy 1993 for the protection and management of estuaries.
NSW Fisheries Policy and Guidelines - Aquatic Habitat Management and Fish Conservation 1999 NSW Fisheries Provides background material and description of fish habitats and resources, relevant policies and legislation. Identifies activities that impact on aquatic habitats, compliance activities, guidelines for mitigating impacts, conservation activities and appropriate environmental assessment.
NSW Groundwater Dependent Ecosystems Policy - draft Department of Land and Water Conservation Protection of groundwater dependent ecosystems, including groundwater dependent wetlands. Applies five management principles covering values, extraction, quality, precautionary principle and appropriate use and development.
NSW Weirs Policy 1997 Department of Land and Water Conservation Aimed at halting and where possible reducing and remediating the environmental impact of weirs. Eight management principles outline construction, removal, modification, regulation, maintenance, riparian protection, rehabilitation and respect for the impact of weirs.
NSW State Rivers and Estuaries Policy 1993 Department of Land and Water Conservation Developed for the improved management of rivers and estuaries and their floodplains. The policy sets out six principles for sustainable management.
NSW Wetlands Management Policy 1996 Department of Land and Water Conservation Sets out the objectives and nine management principles for the management of wetlands. Overseen by the NSW State Wetland Advisory Committee (SWAC - formerly SWAG), a whole-of-government committee.

Planning Instruments that are Relevant to Wetlands in NSW

State Environmental Planning Policies
SEPP Responsibility Notes
State Environmental Planning Policy No. 14 (SEPP14) - Coastal Wetlands Department of Urban Affairs and Planning Protects mapped wetlands in the coastal zone of NSW (outside the Sydney metropolitan region). Requires development consent for the clearing, draining or filling of wetlands, or levee construction.
State Environmental Planning Policy No. 19 (SEPP19) - Bushland in Urban Areas Department of Urban Affairs and Planning Protection of natural bushland in local government areas listed in the schedule, which are reserved for public open space purposes. Development consent must be obtained before bushland is disturbed.
State Environmental Planning Policy No. 44 (SEPP44) - Koala Habitat Department of Urban Affairs and Planning Protection of Koala habitat, including Swamp Mahogany, commonly associated with wetlands. The policy applies to the local government areas within the known geographic range of Koalas. Councils may not issue development consent without investigating core Koala habitat.

SEPPs are developed under the Environmental Planning and Assessment Act 1979.

Regional Environmental Plans
REP Responsibility Notes
Sydney Regional Environmental Plan No. 20 - Hawkesbury-Nepean River (No 2 - 1997) Department of Urban Affairs and Planning This plan integrates planning with catchment management to protect the river system and associated wetlands.

Local Environmental Control Plans and Development Control Plans

At the local level, development in wetlands is managed by the application of Local Environmental Plans and Development Control Plans. Both plans rank lower than State Environmental Planning Policies and Regional Environment Plans. They are however, more specific in terms of spatial controls and the definition of activities that may be permitted without consent, not permitted without consent or not permitted at all.

International Agreements that are Relevant to Wetlands in NSW

International Agreements
Agreement Responsibility Notes
Convention on Wetlands of International Importance - The Ramsar Convention Environment Australia at Commonwealth level and NPWS at State level. The Convention on Wetlands, signed in Ramsar, Iran, in 1971, is an inter-governmental treaty which provides the framework for national action and international cooperation for the conservation and wise use of wetlands and their resources. There are currently 9 Ramsar sites in NSW. Ramsar wetlands are now protected under the Environment Protection & Biodiversity Conservation Act 1999.
China-Australia Migratory Birds Agreement (CAMBA) 1986 Environment Australia Aims to ensure that the governments involved recognise the value of migratory birds by protecting those birds that migrate between Australia, Japan and China. Every second year, meetings are held to develop cooperative projects under the agreements.
Japan-Australia Migratory Birds Agreement (JAMBA) 1974 Environment Australia Aims to ensure that the governments involved recognise the value of migratory birds by protecting those birds that migrate between Australia, Japan and China. Every second year, meetings are held to develop cooperative projects under the agreements.

Legislation Relevant to Wetlands in NSW

Commonwealth
Act Responsibility Notes
Environment Protection & Biodiversity Conservation Act 1999 Environment Australia Requires approval for activities that significantly affect matters of national environmental significance. These include Ramsar wetlands, threatened species and migratory species.
Native Title Act 1993 Commonwealth Government Native Title is the name Australian law gives to the traditional ownership of land and waters that have always belonged to Aboriginal people according to their traditions, laws and customs.

State Level A new Water Management Act came into force in NSW on the 1st January 2001. Further information on the Act can be found on the Water Management pages of this site.

* These Acts have been repealed by the new legislation.
Act Responsibility Notes
Aboriginal Land Rights Act 1983 Department of Land and Water Conservation Vacant Crown land not required for essential purposes or residential land is returned to Aboriginal people. Aboriginal land rights aim to redress past injustices when Aboriginal people were dispossessed of their land by colonisation.
Catchment Management Act 1989

 		 Department of Land And Water Conservation Provides a framework for catchment management. Allows for more community involvement.
Coastal Protection Act 1979 Department of Urban Affairs and Planning & Department of Land and Water Conservation An Act to constitute the Coastal Council of New South Wales and to specify its functions; to make provisions relating to the use and occupation of the coastal region; and to facilitate the carrying out of certain coastal protection works.
Coastal Protection Amendment Act 1988 Department of Urban Affairs and Planning & Department of Land and Water Conservation This Act is an Act to reconstitute the Coastal Council of New South Wales and increase its membership. Provides a new definition of the coastal zone defined by map references outlining the coastal zone, and extends three nautical miles out to sea.
Contaminated Land Management Act 1997 Environment Protection Agency Where site contamination is considered to pose a significant risk of harm to human health or the environment, the EPA has powers to direct the investigation / remediation of polluted land and water.
Crown Lands Act 1989 Department of Land and Water Conservation Provides a regime for the ownership and management of Crown Land.
Environment Planning and Assessment Act 1979 Department of Urban Affairs and Planning Specifies environmental impact assessment requirements and procedures for some developments and activities.

Allows for creation of policies and plans, including SEPP 14, which protects coastal wetlands.
Fisheries Management Act 1994 NSW Fisheries Establishes responsibility for management and protection of marine and estuarine fish resources and their habitats. Requires permits for fish habitat destruction. Provides for development of habitat plans and creation of habitat reserves.
Heritage Act 1977 Department of Urban Affairs and Planning Protects natural heritage features.
Mining Act 1992 Department of Mineral Resources Creates responsibility for development, management and use of mineral resources.
National Parks and Wildlife Act 1974 National Parks and Wildlife Service Relates to all areas reserved as national parks, historic sites, nature reserves, Aboriginal areas, state recreation areas and regional parks.

Licence required to destroy protected plants or to take or kill any protected fauna.
Native Vegetation Conservation Act 1997 Department of Land and Water Conservation Manages Native Vegetation clearing through the development consent and planning process.
Noxious Weeds Act 1993 Department of Land and Water Conservation

NSW Agriculture

Local Councils 		Specifies landholder responsibilities to control noxious weeds.

Outlines licence requirements for herbicides and their use.
Protection of the Environment Administration Act 1991 Environment Protection Agency The EPA is given general environmental responsibilities – ie to protect, restore and enhance the quality of the environment in NSW, having regard to ecologically sustainable development (ESD).
Protection of the Environment Operations Act 1997 Environment Protection Agency The EPA has powers to license activities that pollute water. There are heavy penalties for unlicensed pollution.
* Rivers and Foreshores Improvement Act 1948 This Act was repealed in January 2001. Department of Land and Water Conservation Regulates the excavation and removal of material from land within 40m of a waterbody, including wetlands.

Controls structures within a watercourse.
Threatened Species Conservation Act 1995 National Parks and Wildlife Services Establishes a process for classifying and protecting endangered species and critical habitats.
* Water Act 1912 This Act was repealed in January 2001. Department of Land and Water Conservation Management of surface and sub-surface waters.

Licensing of water-related activities.
* Water Administration Act 1986 This Act was repealed in January 2001. Department of Land and Water Conservation Gives the State control over the allocation of water resources.
Water Act 2000 Department of Land and Water Conservation Enacted on 1st January 2001, covers all water resources in the State.
 
Regional / Local Level
Local Government Act 1993

 		 Local Government Requires approval for building, waste management and sewerage and stormwater drainage.