Role of Government

Relevant Government Policies and Plans

NSW Clean Waters Act 1970
NSW Environmental Planning and Assessment Act 1979
The NSW Water Administration Act 1986
The Illawarra Regional Environment Plan No 1 1986
The Catchment Management Act 1989
Wingecarribee Council Local Environment Plan 1989
Endangered Species Protection Act 1992
Mining Act 1992
SEPP 37 (Continued Mines and Extractive Industries) 1991
The NSW Wetlands Management Policy 1996
National Strategy for Protection of Australia's Biological Diversity 1996
National Wetlands Policy 1997
NSW Tourism Masterplan


The NSW Clean Waters Act 1970 sought to:

"Prohibit pollution of waters except where such pollution is managed by way of a license"

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The NSW Environmental Planning and Assessment Act 1979 sought to encourage:

"(i) the proper management, development and conservation of natural and man-made resources, including agricultural land, minerals, water, cities, towns and villages for the purpose of promoting the social and economic welfare oft he community and a better environment...

(vi) the protection of the environment, including the protection and conservation of native animals and plants, including threatened species, populations and communities, and their habitats."

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The NSW Water Administration Act 1986 requires:

"A license for the pumping of water for the mining of peat and processing of the won material".
The Illawarra Regional Environment Plan No 1 (1986) was introduced to:
"protect the productive ecosystems and natural habitats of t he region's estuaries, wetlands, lakes and lagoons and their scenic attributes".
The Catchment Management Act 1989 seeks to:

"Identify and rectify natural resource degradation and to promote the sustainable use of natural resources"

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Wingecarribee Council Local Environment Plan (1989) seeks to:

"identify and protect wetland areas and foreshores possessing special aesthetic ecological or conservation value, hill-lands, escarpments, river valleys, inland waterways, lakes and other landscape features of scenic significance, prominent escarpments... and water catchment areas of significance for local water storage purposes."
Endangered Species Protection Act 1992 aims:

  • to ensure that endangered and vulnerable species and ecological communities can survive and flourish;
  • to ensure that endangered and vulnerable species and ecological communities retain their genetic diversity and potential for evolutionary development in their natural habitat;
  • to prevent further species and ecological communities from becoming endangered."

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Mining Act 1992 includes provision for environment to be considered before granting authorities or mineral claims:

  1. "In deciding whether or not to grant an authority or mineral claim, the Minister is to take into account the need to protect (a) the flora, fauna, fish, fisheries and scenic attractions and (b) the features of Aboriginal, architectural, archaeological, historical or geological interest"
  2. "The Minister may cause such studies (including environmental impact studies) to be carried out as the Minister considers necessary to enable such a decision to be made".

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In 1991, a decision handed down by the Court of Appeal radically altered the way in which such quarries operate, and those operating under "existing use" rights may not now expand laterally without planning approval. SEPP 37 (Continued Mines and Extractive Industries) was introduced to provide a framework within which the many quarries operating under existing use rights obtain planning approval with minimum disruption to operations. (Ref: State of Environment Report 1995)

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The NSW Wetlands Management Policy (1996) seeks to:

"Minimize any further loss or degradation of wetlands and where possible, restore degraded wetlands"

"encourage the management of the wetlands of the State so as to halt and where possible reverse:

  • loss of wetland vegetation
  • declining water quality
  • loss of biological diversity
  • declining natural flood mitigation"

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National Strategy for Protection of Australia's Biological Diversity announced in 1996 seeks to:

"protect biological diversity and maintain ecological processes and systems"

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National Wetlands policy announced in 1997 to:

"conserve, repair and manage wetlands wisely"

NSW Tourism Masterplan 1998 seeks to:

"Protect and rehabilitate the natural and cultural environment as a key step towards sustainable tourism".


Source:

Tranter, D. and H. Tranter. 1997. 'Summing up of evidence presented to the Mining Warden's Inquiry into renewal of leases to mine peat in Wingecarribee Swamp.' Robertson: Robertson Environmental Protection Society.

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This site has been designed, researched and produced by Sharon Beder

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