PREPARING LOCAL ENVIRONMENTAL PLANS - - Land

Contents1. Introduction 32. The functions of the NSW Land and Property Management Authority 33. The interest of LPMA in the drafting of planning instruments 64. Matters for consideration 64.1 General 64.2 Zonings applying to LPMA – managed land 64.3 ‘Overlayed’ planning provisions 94.4 Heritage provisions 94.5 Increased demands on, or additional use of, LPMA – managed land 104.6 Covenants placed under the Crown Lands Act 1989 114.7 The role of LPMA – managed land in local strategic development 115. Resources within LPMA useful to the preparation ofplanning instruments 115.1 Mapping and other spatial data 115.2 Results of land management studies and environmental andstrategic assessments 126. How to contact LPMA 12Annexure ‘A’: Possible zonings to accord with the stated publicpurpose of land dedicated or reserved under theCrown Lands Act 1989 14

1. IntroductionThe aim of this guide is to(i) provide background information about Crown land(which comprises nearly half of all land in NSW) and othergovernment-owned land managed by the NSW Land andProperty Management Authority (LPMA)(ii) seek consistency between the way such land is managed byLPMA on behalf of the wider community of NSW and theprovisions of local environmental plans (LEPs)(iii)assist contact with the respective LPMA divisions responsiblefor this land(iv) advise of resources within LPMA available to councils whenpreparing local environmental plans.LPMA officers are available for consultation and assistance tocouncils, and LPMA maintains a number of regional offices as away of maintaining accessibility to local communities.Given the extensive land management functions of the LPMA,consultation when preparing local environmental plans providesa positive opportunity to achieve better environmental, socialand economic outcomes for local communities and the widercommunity of NSW. Consultation should occur:(i) when any strategic studies or reviews are being prepared inanticipation of a future planning proposal(ii) when preparing the justification component of a planningproposal(iii) when preparing the content of a planning proposal, boththe written instrument and any associated mappingSUMMARY2. The functions of theNSW Land and Propertyplanning proposal? (refer Section 5.2)Management Authority• Can the LPMA assist you in providing information or otherresources for any studies and strategies supporting your• Has the role of Crown land and other LPMA-managed landbeen factored into any supporting strategies? In particular:The NSW Land and Property Management Authority has awide (i) range assessing of functions. the availability Those functions and appropriateness applicable to of the that landpreparation to support of planning new instruments development primarily (refer Section relate to 4.5) landinformation and land management:(ii) ensuring there is no inappropriate use or pressure on that(i) the maintenance land as a result of the of proposed state register development of land title,ownership (refer Section and transaction 4.5) information (through the Landand Property Information division)(iii) assessing the potential for that land to be involved in(ii) the provision new local of strategic state-wide initiatives spatial (refer data (through Section 4.7). the Landand Property Information division)• Have you checked off all the matters of interest to LPMA in(iii) the the management detailed provisions of the within Crown LEPs? land estate, (refer Section including 4) stateparks, numerous reserves for a wide range of purposes, and• Have you complied with Ministerial Direction 6.2 (Reservingmost regional ports (through the Crown Lands division)land for public purposes) under s.117 of the Environmental(iv) the Planning management and Assessment of other government-owned Act 1979 – if the draft lands LEP bythe proposes State Property to create, Authority, alter, the reduce Office zonings of Strategic or reservations Lands, ofthe land Lake for Illawarra public purposes? Authority, the Hunter DevelopmentCorporation, the Sydney Harbour Foreshore Authority and• Do you need the concurrence of the Minister for Lands tothe Festival Development Corporationany proposed provision under s.28 of the Environmental(v) provision Planning of and soil Assessment conservation Act advice 1979 and relating on-ground to covenants services andthrough similar restrictions? the Soil Conservation (refer Section Service. 4.6)The • functions Can the LPMA of the provide authority you are with detailed services on relating the LPMA to basewebsite, mapping www.lpma.nsw.gov.au.for LEPs and associated survey and study work?(refer Section 5.1)(iv)if Ministerial Direction 6.2 (Reserving land for publicpurposes) under s.117 of the Environmental Planning andAssessment Act 1979 will apply(v) at public exhibition (via direct letter to LPMA).LPMA has to ensure that the land for which it is responsible ismanaged in accordance with the relevant legislation specificto those lands (as well as wider legislation applicable to thecommunity at large). Such land is managed and made availablefor the purpose of meeting the needs of the wider communityboth now and into the future, protecting the naturalenvironment and securing the best interests of the State ofNSW. Land use zonings and other provisions in environmentalplanning instruments can impact on this responsibility, includingthe need to use government resources efficiently. Therefore itis important that appropriate planning controls are applied toCrown land and other LPMA-managed land, and that thesecontrols be developed in a collaborative way between localgovernment and LPMA.This publication relates to the relationship between LEPs andland managed by LPMA only. The NSW Department of Planningissues comprehensive practice notes on the preparation ofplanning proposals generally.3

2. The functions of theNSW Land and PropertyManagement AuthorityThe NSW Land and Property Management Authority has awide range of functions. Those functions applicable to thepreparation of planning instruments primarily relate to landinformation and land management, including:(i) the maintenance of the state register of land title,ownership and transaction information (through the Landand Property Information division)(ii) the provision of state-wide spatial data (through the Landand Property Information division)(iii) the management of the Crown land estate, including stateparks, numerous reserves for a wide range of purposes, andmost regional ports (through the Crown Lands division)(iv) the management of other government-owned lands bythe State Property Authority, the Office of Strategic Lands,the Lake Illawarra Authority, the Hunter DevelopmentCorporation, the Sydney Harbour Foreshore Authority andthe Festival Development Corporation(v) provision of soil conservation advice and on-ground servicesthrough the Soil Conservation Service.The functions of the authority are detailed on the LPMAwebsite, www.lpma.nsw.gov.au.Land and Property InformationThe Land and Property Information division:(i) maintains public registers of property dealings andownership in NSW. These fundamental datasets hold spatialand textual data necessary for LEP (and other) mappingrequirements(ii) collects and maintains other fundamental spatial data setsincluding topography, aerial photography and culturalinformation(iii) maintains the Spatial Information eXchange (SIX), aweb-based portal to a wide range of government spatialinformation(iv) is active in providing current, comprehensive and accurateinformation to local councils to assist the broad strategicplanning process.Crown landThe Crown land estate comprises some 37 million hectares orapproximately half of all land in NSW. Crown land includes:• Crown reserves managed by reserve trusts or directlyby LPMA• land held under lease or licence• submerged land including rivers, bays, estuaries, coastallakes and creeks (where not under the ownership of theNSW Maritime Authority or other port authorities)• the ocean bed to the limit of the state’s territorial waters• Crown road reserves• state parks.Crown land is generally managed under the Crown Lands Act1989. In particular:• all actions are to be consistent with the ‘principles of Crownland management’• Crown land can be ‘reserved’ or ‘dedicated’ for particularpublic purposes• where Crown land is reserved or dedicated, a reserve trustwith an appointed manager can be established to managethat land• uses may need to be authorised by a lease or licence• plans of management may be prepared to assist in themanagement of reserved or dedicated land.The objects of the Crown Lands Act 1989 include the properdevelopment and conservation of Crown land having regard to‘the principles of Crown land management’. 1The principles of Crown land management are:(i) that environmental protection principles be observed inrelation to the management and administration of Crownland(ii) that the natural resources of Crown land (including water,soil, flora, fauna and scenic quality) be conserved whereverpossible(iii) that public use and enjoyment of appropriate Crown landbe encouraged(iv) that, where appropriate, multiple use of Crown land beencouraged(v) that, where appropriate, Crown land should be used andmanaged in such a way that both the land and its resourcesare sustained in perpetuity4

(vi) that Crown land be occupied, used, sold, leased, licensedor otherwise dealt with in the best interests of the stateconsistent with the above principles.To assist the management of Crown land, LPMA has recentlyestablished a system of regional Crown reserves. Theseaggregate Crown reserve land within a geographical area toallow for more holistic management.Most land in the western half of NSW is Crown land leased tolandholders under the Western Lands Act 1901.Management of estuaries andregional portsThe Infrastructure and Coastal Directorate within the CrownLands division is responsible for the management andmaintenance of 25 regional ports, 21 river entrances andeight hard rock quarries along the coast of NSW. (The majorports of Sydney, Newcastle, Port Botany and Port Kembla, andthe regional ports at Yamba and Eden are managed by NSWMaritime or other specific port authorities). High populationgrowth in coastal areas coupled with increases in demandfor tourism and adventure-related activities and ownership ofrecreational boats has led to unprecedented demand on the useof coastal waterways.Infrastructure and related works managed by LPMA includesdredging to maintain safe navigation, repair of breakwatersand river training works, port facilities such as jetties, wharves,and slipways, and associated facilities on adjoining (terrestrial)Crown land.community in this regard, and the growing importance oftourism as an industry in the Illawarra region. The authoritymanages the lake as well as large areas of foreshore parklandand takes a strong interest in major land rezonings in thecatchment which may affect the lake environment.Hunter Development CorporationThe Hunter Development Corporation co-ordinates thedevelopment of its land holdings in the Hunter region tofacilitate growth to contribute to the regional andstate economy. The corporation facilitates development by theprivate sector on land under its control to ensure certainty ofinvestment and to generate residential, industrial, and otheremployment opportunities, as well as environmental outcomesand local recreational and social benefits.Office of Strategic LandsThe Office of Strategic Lands undertakes the acquisition,management and divestment of land for planning purposes,generally for transport corridors or regional open space. Theoffice, in partnership with the Department of Planning, operateson behalf of the Minister for Planning’s ‘Corporation Sole’and the Sydney Region Development Fund, both of which areestablished under the Environmental Planning and AssessmentAct 1979. Approximately 7,000 hectares of land in the GreaterSydney Metropolitan Area is managed by the office. This landmainly comprises open space area; but also includes land underresidential and commercial leases and licences.State Property AuthorityThe State Property Authority manages maintenance, acquisition,disposal and development of the property of governmentagencies in NSW, with a specific focus on land, office buildings,warehouses and depots, etc. used in the delivery of coregovernment services. The authority itself owns and developsproperty where appropriate in achieving its objectives.The authority’s objectives are to:• improve operational efficiencies in the use of property bygovernment agencies• manage government property in ways that best support thedelivery of government services• advise government on property matters.Sydney Harbour Foreshore AuthorityThe Sydney Harbour Foreshore Authority owns and managessome of the state’s most significant assets, including theheritage and cultural precincts at The Rocks and DarlingHarbour which attract more than 40 million visitors annually.It manages commercial and retail leases, provides security,cleaning, building maintenance and other facility managementservices, cares for the public domain and more than 140heritage items, operates tourism and marketing servicesand holds significant public events in The Rocks and DarlingHarbour.The authority also owns sites at White Bay Power Station,Rozelle railway yards and Ballast Point and manages other majorassets around Sydney Harbour on behalf of other agencies.Lake Illawarra AuthorityThe Lake Illawarra Authority was established to transformthe degraded waters and foreshores of Lake Illawarra into anattractive recreational and tourist resource. The work of theauthority recognises the importance of the lake to the local5

Central Coast Regional DevelopmentCorporationThe Central Coast Regional Development Corporation managesthe Mt Penang Parklands, 152 hectares of government landnear Gosford on the Central Coast, as a mixed-use regionalhub for employment and recreation activities. Developmentis proceeding in accordance with a master plan and currentlycomprises light industrial and commercial uses, an events parkfor major festivals and other events, the Mt Penang Gardensand sporting fields.The corporation is expanding its role to also act as a broker forthe development of government-owned strategic land inthe region.Soil Conservation ServiceThe Soil Conservation Service division offers advice and ongroundservices relating to catchment, property and resourceplanning and assessment, soil surveying and landscapemapping, design and construction of erosion and sedimentcontrol infrastructure, soil and water conservation works,rehabilitation and revegetation works, flood detention basins,drainage works and artificial wetlands.3. The interest of LPMA inthe drafting of planninginstrumentsLPMA is primarily interested in the drafting of LEPs in relation tothe potential impact on its management functions in respect toCrown land and other land it manages.This interest will mainly relate to impact as assessed onindividual parcels of land. Such land can include many buildingswhich have been used by government agencies for many years,such as police stations and court houses. However the interestcan be wider than individual parcels of land where:(i) any regional Crown reserve applies(ii) LPMA is involved in wider strategic initiatives within an area(as is increasingly the case), with Crown and other landbeing seen as a resource integral to implementing suchinitiatives(iii) there are issues regarding the management of estuaries andregional port facilities(iv) proposed LEP provisions may impinge on the administration,planning, development and management of Crown andother land managed by LPMA generally.LPMA is also interested in the content and conclusions of anystudies accompanying the planning proposal component ofthe LEP-making process in terms of identifying and managingcumulative impacts on land it manages.There should be initialconsultation with LPMA in respect to all zoning and otherproposals affecting all land managed by LPMA.4. Matters forconsideration4.1 GeneralAny reliance, in a local study, planning strategy, or provisions ina draft LEP, on the Crown estate to provide supporting resourcesfor new or existing development must be the subject of priorconsultation with LPMA, and based on correct informationabout the status and sustainability of the Crown estate assetswithin that area. Council’s data bases may not record:• all Crown land and other land parcels managed by LPMA• (former) Crown land now transferred into the national parkestate or sold into private ownership• the particular status e.g. reserve purpose of Crown land• specific planning, use or other management intentions forother government-owned land managed by LPMA.LPMA prepares land assessments and plans of management forCrown land (including submerged land) on an ‘as need’ basis.These assessments and plans can be useful in preparing thestudy, strategy and LEP provisions components of any planningproposal.Council should contact LPMA to obtain up-to-dateinformation on:(i) the location and status of LPMA-managed lands(ii) the results of any land assessments and plans ofmanagement conducted for Crown land(iii) the overall suitability of individual parcels of LPMA-managedland for other purposes.All LEP maps should include up-to-date boundaries of Crownland and other land managed by LPMA.4.2 Zonings applying to LPMA– managed landConsistency with the purpose of CrownreservesDepending on the size of individual Crown land parcels, andany reserve purpose over that land, council may wish to eitherapply a contiguous adjoining zone, or a different specific zonewhere purposes cannot be accommodated in the adjoiningzone.6

In both situations there should be consistency between themandatory zone objectives, any additional local objectives,permitted uses within that zone, the current use of the Crownland, and any other uses able to be undertaken within thereserve purpose applying to that Crown land (while also beingconsistent with Department of Planning practice notes on thechoice of zones).Exceptions to choosing a zone consistent with the existingsituation may apply where:(i) the reserve purpose is for ‘future public requirements’ or forsome other broad purpose(ii) the Crown land is being considered in conjunction withsome larger strategic initiative (see section 4.7)(iii)LPMA considers a different or additional future land use isappropriate for the land.Note that the range of land use types, as nominated in theStandard (LEP) Instrument, that might be accommodatedwithin/be consistent with a particular reserve purpose (asgazetted under the Crown Lands Act 1989) may be quite broad.To assist in the choice of zoning, and any additional local zoneobjectives and permitted uses to be applied to Crown land:(i) LPMA can advise the particular public purpose(s) for whichthe land has been reserved or dedicated, and also on thetypes of land uses that are envisaged for the land(ii) as a general guide, Annexure A lists those Standard (LEP)Instrument zonings that are likely to be consistent withgazetted reserve purposes.Consultation should be undertaken with LPMA in all instances.Consultation may be particularly important with respect to:(i) land reserved for ‘future public requirements’. Theappropriate zoning may not be immediately obvious,particularly if there is no current lease or licence over theland. It is important that such land is not zoned as publicrecreation or environmental protection based simply onany current appearance of the land. Such zonings maynot correctly reflect the most appropriate future public useof the land as would be determined by the preparationof public studies under the Environmental Planningand Assessment Act 1979 and/or the Crown Lands Act1989. Further, an incorrectly applied public recreation orenvironmental protection zone may lead to false perceptionsin the community as to the status of such land(ii) land with multiple purpose reservations or dedications.Such land should be zoned to allow the highest useenvisaged by that reservation/dedication. For example,a reservation purpose for public recreation and coastalenvironmental protection could be zoned RE1 PublicRecreation (which permits recreational activities as wellas environmental protection works), or a lower orderenvironmental protection zone such as E3 EnvironmentalManagement provided recreational facilities are permissiblewith or without consent and are consistent with the zone’smandatory objectivesIt may be that the recognition of multiple purposes, wheregeographic-specific, could be achieved by way of a split zoningfor the land – however for administrative ease zone boundariesshould follow real property title boundaries (see below).Reference should also be made to Ministerial Direction6.2 under Section 117 of the Environmental Planning andAssessment Act 1979 (see below).Special use, open space, roads andwaterway zoningsLPMA will be particularly interested in how Crown land andother land it manages is proposed to be zoned arising from thefollowing changes to previous zoning practice:(i) land previously zoned ‘special uses’ is now generallyto be zoned as per an appropriate adjoining zone, azone prescribed in State Environmental Planning Policy(Infrastructure) 2007 if available, or (subject to Departmentof Planning criteria) a ‘special purpose’ zone. This canbe particularly relevant where land has been used for aparticular purpose for many years, but may become suitablefor other development in keeping with its immediatesurroundings(ii) land previously zoned ‘open space’ may now be zonedeither ‘recreation’ or ‘environmental protection’ dependingon the characteristics of the land. The choice of zone shouldreflect the reserve purpose(iii) roads are now to be zoned, rather than left uncoloured ashas often been the case. This is applicable to Crown roadreserves. Where there are different adjoining zonings, LPMAwill be interested in the chosen zone(iv) waterway area is to be zoned, rather than left uncolouredor included within a surrounding zone applying to terrestrialland as has often been the case (applicable in respect toCrown land that is submerged).Zone boundariesFor ease of management and clear identification of the locationof zone boundaries, it is preferable that:(i) contiguous land parcels of similar use and/or reservepurpose be zoned the same(ii) zone boundaries follow real property title boundaries.7

WaterwaysWaterway areas tend to be inherently ‘mixed-use’ in nature.The zoning of waterway area (and the range of permitted useswithin chosen zones) should be carefully considered in respectto all of the following, often concurrent, land use issues:(i) environmental management needs(ii) recreation needs(i) the importance of waterways to tourist activities, includingpotential commercial/ recreation/retail/transport use of overwaterstructures(iii) commercial fishing(ii) existing or potential future aquaculture activities (e.g. oysterfarming, other fish farming)(iii) maintenance and other management of navigation routes(including dredging)(iv) existing and potential future needs of any port facilities.Land adjoining waterwaysThe activities to be permitted within the zoning of terrestrialland adjoining Crown waterway area should:(i) be compatible with the activities proposed within thezoning of the waterway area. For example, it will generallybe appropriate to permit car parking, kiosk and amenitiesbuildings, etc., and perhaps visitor or tourist-related businessactivities on land adjoining recreational waterway areas(ii) allow for appropriate infrastructure and services to supportboth port activities and any fishing, aquaculture or othercommercial activities that might be permitted on theadjoining waterway area(iii) allow for maintenance, repair and replacement of structuressuch as breakwaters, river training walls and the like(iv) provide for appropriate processing, including beneficialre-use, of dredged material (e.g. for beach nourishment,coastal protection works or construction sand).LPMA supports the inclusion, within the zoning of terrestrialland adjoining Crown waterway area, of provisions that providefor, or require, public access along the foreshore.(i) the range of permitted uses within ‘E’ zones should allowthe continued possibility of appropriate multiple land uses(ii) it may be more appropriate to utilise another type of zone,perhaps with an additional local zone objective, or a localprovision within the body of the LEP(iii) zone E1 National Parks and Nature Reserves relates only toland reserved as such (or proposed to be reserved as such)under the National Parks and Wildlife Act 1974. It is notintended to apply to Crown land, even if that Crown landis reserved for a purpose that might appear similar (e.g. forpreservation of flora and fauna, environmental protection,or the like)(iv) many ‘E’ zones would be considered for localities wheretourist and visitor uses are also common, includingaccommodation for such user groups. This would beparticularly so on the coast, but can be equally true ininland areas, such as along rivers, near lakes, or elevatedareas. There need not necessarily be any inherent conflictbetween ‘E’ zone objectives and the provision of touristand visitor uses – appropriateness needs to be establishedin each particular case so council should choose a zonewhere intended land uses will meet this requirement. Itis also the case that some accommodation types in theseareas serve to provide affordable holiday accommodationin what otherwise might be exclusive locations. Suchaccommodation types include camping areas, caravan parksand cabin accommodation, a number of which are operatedby reserve trusts or by lessees on Crown land. Planningauthorities should consider any existing tourist and visitoraccommodation and the desirability of new tourist andvisitor accommodation or the expansion of existing facilitieswhen:• choosing whether to use an ‘E’ zone, or anotherzone (or perhaps such zones with an additionallocal provision), noting also that hotel and motelaccommodation is a mandatory prohibited use in zoneE2 Environmental Conservation• determining the permitted and prohibited land useswithin a chosen ‘E’ zone.Note also relevant practice notes issued by the Department ofPlanning on the use of environmental protection zones.Environmental protection zonesCare should be taken when applying an environmentalprotection (‘E’) zone to Crown land and, if such a zone isapplied, the range of prohibited or permitted uses. Crown landis managed in accordance with the principles of Crown landmanagement (see Section 2) which include both conservationprinciples and allowing appropriate multiple land uses.In this regard:8

Caravan parksCaravan parks can comprise residential accommodation and/or tourist and visitor accommodation depending on the natureof their operation. The choice of zoning should reflect theparticular range of accommodation provided and any futureproposals in relation to operation of the caravan park proposedby LPMA, the trust managing the caravan park or the lessee(see also Annexure A).QuarriesLPMA operates a number of quarries to provide material formaintenance and construction of port and other infrastructure.In respect to these:(i) the quarry, and potential for reasonable expansion, shouldbe permitted within the zoning (either via the LEP or SEPP(Mining, Petroleum Production & Extractive Industries) 2007)(ii) the surrounding zoning and/or written provisions in the LEPshould allow for both reasonable expansion (if required)by limiting encroachment of other uses, and a reasonableamenity buffer to any nearby sensitive land uses, existingor proposed.Ministerial Direction 6.2It should be remembered that Ministerial Direction 6.2(Reserving land for public purposes) under Section 117 of theEnvironmental Planning and Assessment Act 1979 (amongstother matters) requires the approval of the relevant publicauthority if a draft LEP proposes to create, or to alter or reduceexisting zonings and reservations of land for public purposes.The LPMA is the relevant public authority in respect to Crownland and all other land it manages.The Corporation Sole (the Minister administering theEnvironmental Planning and Assessment Act 1979) is therelevant public authority for land owned by the CorporationSole and managed by the Office of Strategic Lands, as well asfor land generally zoned for regional open space purposes andmarked for acquisition. Any acquisition obligations imposedon the Corporation Sole are significant and it is important thatconsultation with the Corporation Sole, through the Office ofStrategic Lands, is held early in the process of preparing a draftLEP/planning proposal. Such consultation should commenceprior to the formal consultation processes set out in theEnvironmental Planning and Assessment Act 1979.SEPPsVarious state environmental planning policies (SEPPs) includeprovisions in respect to certain of the land use types mentionedabove, particularly where carried out by, or on behalf of,a public authority such as LPMA. However, the setting ofappropriate zonings, and objectives and permitted uses withinthose zonings, should recognise that those SEPPs are notnecessarily comprehensive in identifying all likely activitiesassociated with those uses.4.3 ‘Overlayed’ zoning provisionsPractice notes published by the Department of Planning allowfor the possibility (subject to endorsement by that Department)of additional local provisions and associated maps ‘overlayed’on a zone where consistent with mandatory zone objectivesand uses. The intention is to cater for the management ofnatural resource or other environmental values that may extendover more than one zone, e.g. water supply catchment, floodprone land, wildlife corridors.The application of any such additional local provision to LPMAmanagedland should follow the considerations and principleslisted above in respect to land use zonings.4.4 Heritage provisionsLPMA has a vast and varied property portfolio that includesAboriginal and non-Aboriginal heritage.LPMA supports recent amendments to the Heritage Act 1977 toprovide that heritage and conservation registers required unders.170 of that Act take a thematic approach to the identificationof heritage assets, such that conservation (and listing in theregister) concentrates on a representative group of items fromdifferent asset classes.Councils are requested to discuss with LPMA proposed heritagelistings of any LPMA-managed assets. Proposed listings,including any listings transferred from existing LEPs, should bebased on a study of the heritage significance of the property.Such studies should consider the relative importance ofproposed listings of assets in reference to:(i) the concept of the thematic approach described above(ii) any perceived preference to list development ongovernment-owned property, rather than similardevelopment on freehold land.In particular, robust consideration should be given to structuresthat are at the end of their economic life and/or which shouldbe removed for other reasons, e.g. dilapidated boat sheds andjetties in environmental protection areas.9

The results of any studies and reviews of heritage items willassist LPMA in appropriate management regimes for such itemswithin its internal property management system. The localLPMA office would be pleased to receive copies of such studiesand reviews.4.5 Increased demands on, or additionaluse of, LPMA-managed landGeneralCrown land and other land managed by LPMA should notbe seen as a resource that is necessarily available to meetincreased demands generated by new development elsewherein the locality or wider council area, particularly developmentfor urban purposes, such as industrial estates, residentialdevelopment, tourist development and the like.Much Crown land is reserved under the Crown Lands Act 1989for particular purposes that may preclude utilisation for otherpurposes. Further, resources may not be available within LPMAto adequately manage any increase in intensity of use or changein use type of Crown land. Other land managed by LPMA mayalso be reserved or otherwise identified for particular purposesthat may preclude other uses.Councils must discuss with LPMA at the earliest possible timeany proposals that are likely to result in increased demands onCrown land or that may impact on the management, use orfuture planning of other Government-owned land managedby LPMA. Strategies, local environmental studies, or planningproposals that propose such new development should addressthe implications of the development in this regard.Crown roadsThe Crown road network is an historical network of landreserved to facilitate access should such need arise. Only asmall proportion of Crown roads have been formed for actualvehicular access; most remain as ‘paper’ roads only. LPMAdoes not support the development of Crown roads (formed orunformed) for new access arrangements or to intensify existingaccess arrangements. LPMA does not undertake the formingor construction of trafficable roads and has limited resources inthis regard. As such, new land use zonings that intend to relyon Crown road reserves for access will not be supported andshould not be proposed unless arrangements to transfer suchroad reserves to council (under s.151 of the Roads Act 1993)are also proposed.This also applies where it is intended to rezone or apply otherLEP provisions to land that presently relies on a Crown road foraccess to a zone or other development regime that will permit amore intensive land use.Protection of assets from bushfireThe size, shape and location of land to be zoned for newdevelopment is to be such that asset protection zones andperimeter access roads in new subdivisions, as provided inPlanning for Bushfire Protection 2006 (NSW Rural Fire Service),can be located within the boundary of that land. AdjoiningCrown land, or any other LPMA-managed land, is not to beused for such purposes. Overall planning controls are to ensurethat new lot sizes and roads within development sites areadequate in ensuring all needs for bushfire protection are metwithin that particular site.InfrastructureThe size, shape and location of land to be zoned for newdevelopment is to be such that essential public infrastructuresuch as stormwater drainage channels, pipes or other utilitiesare not located on adjoining Crown land or any other landmanaged by LPMA.Where agreement has been reached with LPMA for the useof Crown land or other LPMA managed land for essentialinfrastructure in conjunction with increased development, theland itself, or easements, or other tenures over the land mayneed to be acquired (at commercial market value).Land acquired and held in the ownership of a Corporation Sole(for example the Minister administering the EnvironmentalPlanning and Assessment Act 1979) for use as a utilitiescorridor, e.g. for water or electricity, is generally made availablefor such use by way of easements. The acquisition of such a useinterest, or any option to acquire ownership of the land, shouldbe investigated by direct discussion with the Office ofStrategic Lands.WaterwaysChanges in land-based development, such as increased intensityor changes in land use patterns may generate an increase inactivity on Crown land that is waterway. The desirability of suchactivities and potential associated demands for new foreshoredevelopment and the opening of new navigation channels, etc.will need to be considered.Implications of coastal processesMuch of the state’s coastal and estuarine foreshores compriseCrown land, and other land managed by LPMA. Such landmay come under increased pressure from the implications ofsea level rise and likely increased intensity of storm events dueto climate change – including inundation and erosion, theneed for additional or relocated hazard reduction measures;and the need to relocate existing infrastructure, environmentalprotection areas, and other uses that may become constrainedby changes in water boundaries.10

The digital topographic database (DTDB) maintained by LPMAincludes information related to the following themes:(i) transportation - road, rail and ferry routes, crossings, airportrunways, traffic control facilities, fire trails, etc.(ii) cultural - bridges, landmarks, community service facilities,parks and reserves, clubs, caravan parks, electricity lines, placenames, etc.(iii) hydrography - coastline, water areas, drainage, etc.(iv) physiography - land surface and land form, contours, spot andrelative heights, etc.A full list of available attributes can be found atwww.lpma.nsw.gov.au/survey_and_maps/spatial_dataSome fees may apply in respect to Land and Property Informationdivision information.Note that the Department of Planning haspublished standard technical requirements for the preparation ofLEP maps.5.2 Results of land management studies andenvironmental and strategic assessmentsLPMA will generally have compiled information on a widerange of matters when preparing land assessments and plansof management under the Crown Lands Act 1989, and otherenvironmental and strategic assessments of the land it manages.This information may be useful to councils in preparing theproposed LEP and may be available from LPMA on request.LPMA may also have information relating to wider strategicand economic development issues arising from its increasinginvolvement in such matters (see section 4.7). This informationmay be available from LPMA on request.6. How to contact LPMAGeneralContact points for all LPMA divisions and functions are on theLPMA website: www.lpma.nsw.gov.au.NSW Land and Property Management Authority head office:1 Prince Albert RoadQueens SquareSydney NSW 2000Ph: 02 9228 6666Land and Property Information divisionThe Spatial Information eXchange (SIX) is accessed atFor property titles and registrations enquiries contact LPMA at:1 Prince Albert RoadQueens SquareSydney NSW 2000Ph: 02 9228 6666For spatial data and mapping enquiries contact LPMA at:346 Panorama AvenueBathurst NSW 2795Ph: 02 6332 8200Crown Lands divisionInitial contact is best made through the relevant local or regionaloffice of LPMA. Regional staff are best placed to be aware of localinterests, issues and Crown land priorities.Office locations are listed on the LPMA website:www.lpma.nsw.gov.au.The head office of the Crown Lands division is at:Level 4437 Hunter StreetNewcastle NSW 2300Ph: 02 4920 5000Contact in respect to coastal and estuary infrastructure matters,including matters about regional ports and the open coast, can bemade direct to the infrastructure Coastal InfrastructureDirectorate at:Level 4437 Hunter StreetNewcastle NSW 2300Ph: 02 4920 5000State Property AuthorityLevel 9 Bligh House4-6 Bligh StreetSydney NSW 2000Ph: 02 9338 7000www.six.nsw.gov.au.12

Lake Illawarra AuthorityState Government Office Block84 Crown StreetWollongong NSW 2500Ph: 02 4224 9633Hunter Development CorporationSuite B, Level 5PricewaterhouseCoopers Centre26 Honeysuckle DriveNewcastle NSW 2300Ph: 02 4904 2750Office of Strategic LandsLevel 410 Valentine AvenueParramatta NSW 2124Ph: 02 9895 7626Sydney Harbour Foreshore AuthorityLevel 666 Harrington StreetThe Rocks NSW 2000Ph: 02 9240 85001300 655 995Central Coast Regional DevelopmentCorporationMt Penang ParklandsKariong NSW 2250Ph: 02 4340 100213

Annexure A: Possible zonings to accord with the stated publicpurpose of land dedicated or reserved under the Crown LandsAct 1989Notes:(i) Crown land can be ‘dedicated’ or ‘reserved’ (under Sections 80 and 87, respectively, of the Crown Lands Act 1989) for apublic purpose.(ii) The following possible zonings are indicative only. Final draft LEP zonings should be established in consultation with the CrownLands division of the Land & Property Management Authority.(iii) Particular attention will need to be given to the zoning of reserves that have multiple purpose reservations.(iv) The comments in this Table are based on the wording of the Standard (LEP) Instrument and of the various mentioned SEPPs asexisting at the time of publication of this Guide.Purpose of thededication orreservationAboriginal burial groundPossible zoningSee ‘Preservation of Aboriginal cultural heritage’, below. If separately zoned, and also part of acemetery, the zoning of that cemetery would be appropriate.AccessSuch use is likely to be permitted within all zones (either as a ‘road’, or as ancillary to the carryingout of uses permitted within the zone. Therefore, any zone consistent with the planning of thelocality may be appropriate.If a stand-alone zoning is appropriate and/or the access arrangement comprises major infrastructure(eg. a major road, rail corridor) then Zone SP2 Infrastructure may be appropriate.Access and publicrequirements, tourismpurposes and environmentaland heritage conservationAccess and publicrequirements, rural services,tourism purposes andenvironmental and heritageconservationAccommodationRefer to ‘Access’, above and to separate entries in this Table, below in respect to the other reservepurposes.Refer to the separate entries in this Table in respect to the various reserve purposes nominated here.The appropriate zoning will depend on the nature of the accommodation.A Residential zone is likely to be most suitable; but another zone allowing residential uses could besuitable. If comprising ‘tourist and visitor accommodation’, a Business zone could apply, particularlywhere combined with other business or retail uses. Note the Department of Planning has advisedthat the SP3 Tourist zone should generally only be used for tourist precincts and not single sites.Accommodation, guidance,education and welfare ofhomeless or needy youngpersonsAquatic sporting servicesRefer to separate entry, below, in respect to caravan park accommodation.This is likely to comprise one or more of the categories of accommodation dealt with in SEPP(Affordable Rental Housing) 2009. The most appropriate zone is likely to be a Residential zone thatis also nominated in that SEPP.Would comprise a ‘recreation facility (indoor)’ or ‘recreation facility (outdoor)’. Generally Zone RE1(Public Recreation) would be appropriate, although a Residential or Business zone could also beapplied. Note LPMA does not favour the use of Zone RE2 (Private Recreation) over Crown land, aspublic land.14

Caravan parkCemetery and crematoriumCommunication facilitiesWould comprise a ‘caravan park’, including a ‘camping ground’. Note the Department of Planninghas advised that Zone SP3 Tourist should generally only be used for tourist precincts and not singlesites. As such a Residential, Business, Recreation or Environmental Conservation zone may beappropriate provided such uses are permitted without having to rely on existing use rights. It mayhowever be worth discussing Zone SP3 Tourist with the Department of Planning in respect to largefree-standing caravan parks etc.Note SEPP 21 – Caravan Parks also applies.If separately zoned, Zone SP2 Infrastructure would seem the most appropriate.Check the type of communication facility. If within the definition of ‘telecommunication facility’,SEPP (Infrastructure) 2007 allows this use with or without consent (depending on the proponent)within all zones (unless the exclusions from that SEPP apply).If an existing facility is to be separately zoned, Zone SP2 Infrastructure would seem the mostappropriate.Community and sportingclub facilitiesCheck whether the use would be ancillary to a ‘recreation area’ or a ‘recreation facility’ (indoor,outdoor, or major), e.g. as a clubhouse or a kiosk or the like, or would itself comprise a ‘recreationfacility’. Zone RE1 Public Recreation is likely to be the most appropriate, although other zones wheresuch uses are permitted could be applied in reference to the nature and zoning of the surroundingarea.Note LPMA does not favour the use of Zone RE2 (Private Recreation) over Crown land, aspublic land.If the use is more appropriately identified as a ‘registered club’, check that such use is permittedwithin the intended zone.Community purposesCheck the nature of any specific current use, and/or any intended use. It could comprise a‘community facility’, ‘education facility’, ‘health services facility’, ‘child care centre’, ‘informationand education facility’ or a ‘place of public worship’ – which, variously, are mandatory uses in anumber of different zones and/or may also be permitted in a number of different zones under SEPP(Infrastructure) 2007.Otherwise, Zone SP2 Infrastructure might be appropriate if a stand-alone zoning is appropriate, orin particular special instances Zone SP1 Special Activities (though note the Department of Planningprefers only limited application of these zones).Cultural and recreationpurposeEnvironmental protectionA similar process to determining the zoning as described in ‘Community & sporting club facilities’and ‘Community purposes’, above, should be adopted.If this reserve purpose is to facilitate specific environmental protection works, this use, as definedin the Standard (LEP) Instrument, is a mandatory permitted use in a number of zones. Further, SEPP(Infrastructure) 2007 allows flood mitigation, bush fire hazard reduction, soil conservation andstormwater and waterway and foreshore management work within various zones, generally whereundertaken by a public authority.If the primary consideration of the reserve purpose is for the environmental protection of the landitself, an Environmental zone would be appropriate, with Zone W1 Natural Waterways (or perhapsW2 Recreational Waterways) for waterway area.Alternatively, a local ‘overlay’ provision with environmental conservation objectives applied overother zonings may suffice.The Department of Planning has advised it is drafting model clauses relating to protection ofenvironmentally sensitive areas, including coastal areas.Future public requirementsThe appropriate zone should be selected to allow the highest and best use of the land (either anexisting use, or another use as foreshadowed in a regional strategy, local strategy and/or aland assessment)15

Government purposesCheck the nature of any specific current use, and/or any intended use. This use may be permitted bySEPP (Infrastructure) 2007 in a number of different zones. Where a ‘public administration building’,a Business zone may generally be appropriate; where a ‘depot’, an Industrial zone maybe appropriate.Heritage purposesThe zoning should relate to the actual existing and/or any future intended use of the building and/or land. Where related to natural or landscape heritage values, Zone E2 Environmental Conservationzone may be appropriate.If not already included on the LEP heritage schedule, an assessment should be made as to theappropriateness of a concurrent heritage listing to also recognise these values within the LEP.Historical purposesIf this reserve purpose relates to identified heritage values on the land, refer to ‘Heritage purposes’,above.If the reserve purpose is more to recognise previous (but on-going) uses, the zoning should relate toboth those uses and an assessment of future likely purposesOpal mining and explorationand public accessA Rural or Industrial zone may be appropriate to recognise the nature of the surface activityassociated with this use.Note that the permissibility of mining activity itself is covered under SEPP (Mining, PetroleumProduction and Extractive Industries) 2007.PlantationPort facilities and servicesPort facilities, tourismfacilities and associatedservicesPreservation of Aboriginalcultural heritagePreservation of flora andfaunaThe use could be undertaken privately or by State Forests. In both situations, a general Rural zone islikely to be appropriate (provided ‘Forestry’ is permitted) to allow for other concurrent or futurerural uses.Check the actual use. SEPP (Infrastructure) 2007 allows a number of port-related matters withindifferent zones. There should also be compatibility between the zoning of both waterway area andterrestrial land where associated with the use. Zone W3 may be appropriate for the waterway area,but the permitted uses should also recognise any other usage (eg. for recreation, tourism). Thezoning of terrestrial area should allow the highest and best use of the land (either the existing use;or another use as foreshadowed in a regional strategy, local strategy and/or a land assessment) –particularly given the increasing mixed-use nature of waterfront areas.Note the ‘Three Ports’ provision in SEPP (Major Development) 2005 may apply (though that land isgenerally not under the management of LPMA).See ‘Port facilities and services’, above. Note that tourism facilities may include accommodation.If separately zoned, Zone E2 Environmental Conservation zone may be appropriate.If appropriate, the land should also be included in the LEP heritage schedule (as a heritage item(being an Aboriginal object) and/or a place of Aboriginal heritage significance). (Note in additionto any planning control, disturbance of such areas is likely to be subject to the National Parks andWildlife Act 1974).An environment protection zone, or a low density rural zone where in a rural area, may beappropriate.An additional local ‘overlay’ provision may also be appropriate.Public access to theforeshore and protectionof scenic amenity andecological valuesDepending on the actual and/or proposed use, an Environmental or Rural zone, or Zone RE1 PublicRecreation may be appropriate.An additional local ‘overlay’ provision may also be appropriate. The Department of Planninghas advised it is drafting model clauses relating to protection of environmentally sensitive areas,including coastal areas.16

Public amusementPublic entertainmentPublic parkPublic RecreationCheck the actual use. Zone RE1 Public Recreation or a Business zone may be appropriate. NoteLPMA does not favour the use of Zone RE2 (Private Recreation) over Crown land, aspublic land.See ‘Public amusement’, above.This use is likely to be a permitted use within a number of potential zones applying also to thesurrounding area. If separately zoned, Zone RE1 Public Recreation would be most appropriate. NoteLPMA does not favour the use of Zone RE2 (Private Recreation) over Crown land, as public land.See ‘Community and sporting club facilities’ and ‘Public park’, above.If waterway area, Zone W2 Recreational Waterway may be appropriate.Public Recreation andpreservation of Aboriginalcultural heritagePublic Recreation and coastalenvironmental protectionSee separate comment in respect to these two items, above.See comment in respect to ‘Environmental Protection’, ‘Public recreation’ and ‘Public access to theforeshore and protection of scenic amenity and ecological values’, above.In respect to coastal environment protection objectives Zone E2 Environmental Protection or ZoneE3 Environmental Management may be appropriate. (See also the Department of Planning PracticeNote PN09-002 on use of these zones).Where waterway area, Zone W1 Natural Waterways may be appropriate but only where any desiredmultiple use to cater for the public recreation purpose is accommodated.Racecourse and recreationfacilitiesRecreation facilities andservicesRegional requirementsRural servicesShooting complexShowgroundNote SEPP (Infrastructure) 2007 permits environmental management actions in a number of zones.A stand-alone racecourse would generally be a ‘recreation facility (major)’ and Zone RE1 PublicRecreation would be appropriate (or perhaps SP1 Special Uses).Where in conjunction with other activities, eg. general recreation or a showground, Zone RE1 PublicRecreation would likely be appropriate.See ‘Public recreation’, above.If related to the provision of regional infrastructure, choice of zone should consider SEPP(Infrastructure) 2007 and associated Department of Planning Practice Note PN 08-002).If not related to regional infrastructure, check the actual and/or proposed use and zone accordingly,considering zone objectives in the Standard (LEP) Instrument definition (also refer to any similarnomination in this Table). The entry above under ‘Future public requirements’ may be relevant.Check the actual use. Where within a rural area, a Rural zone is appropriate. Zone RU5 Village maybe appropriate where in association with any urban area so zoned.Note that many ‘rural services’ such as soil conservation, travelling stock reserves, emergencyservices (including bush fire services) are dealt with in SEPP (Infrastructure) 2007. Refer to associatedDepartment of Planning Practice Note PN 08-002.This use would most likely be either a ‘Recreation facility (indoor)’ or ‘Recreation facility (outdoor)’.Refer ‘Public recreation’, above.A separate zoning, given the likely size of this use may be most appropriate. In this regard Zone RE1Public Recreation would be most appropriate.If another zone is applied in reference to the nature and zoning of the surrounding area (most likelyrural or residential), that zone should permit all activities undertaken within the showground withoutneed to rely on existing use rights.17

Soil conservationIf use of the reserve is only for this purpose a Rural, E2 Environmental Conservation or E3Environmental Management zone are likely to be appropriate. If able to be used for other purposes,including in the future, the zoning should reflect those purposes.Note Department of Planning Practice Note PN09-002 on use of Environmental zones.Surfing recreationNote also SEPP (Infrastructure) 2007 provides for certain flood mitigation works, soil conservationworks and waterway and foreshore management activities in various zones by a public authority.Otherwise the use is likely to comprise ‘Environmental protection works’ as defined in the Standard(LEP) Instrument – and should be listed as permissible in the chosen zone.Zone RE1 (Public Recreation) would be appropriate, or an Environmental zone where there are alsoenvironmental protection objectives (provided recreation uses are permitted). Any associated uses,eg. a surf lifesaving club or kiosk, should also be permitted.Associated waterway area could be zoned W2 Recreational WaterwayTourist facilities and servicesTravelling stockCheck the actual and/or any proposed use. This could comprise ‘tourist and visitor accommodation’,recreation, and associated uses such as ‘retail premises’ and ‘food and drink premises’. A Businesszone may be most appropriate, but so could other zones depending on location.Note the Department of Planning has advised that the SP3 Tourist zone should, in general, only beused for tourist precincts and not single sites.Where outside urban areas, a Rural zone would be appropriate. If within an urban area and there ismixed use, the chosen zone should reflect the continuing primary use for travelling stock.Note that SEPP (Infrastructure) 2007 also apples.Urban servicesCheck the actual and/or any proposed use. If related to urban infrastructure and a separate zoning isproposed, Zone SP2 Infrastructure would be appropriate.However, also refer to SEPP (Infrastructure) 2007 in respect to public infrastructure/services usesallowed within other zones, which may mean it is more appropriate to apply another zone. Refer toassociated Department of Planning Practice Note PN 08-002).WaterAlso refer to ‘Future public requirements’, above.Where related to infrastructure, refer to SEPP (Infrastructure) 2007 and associated Departmentof Planning Practice Note PN 08-002 in respect to ‘prescribed’ zones. If a stand-alone zoneis appropriate, Zone SP2 Infrastructure should be considered. If other uses also need to beaccommodated (eg. recreation), the choice of zone should also accommodate these.Where related to protection of catchment areas, an Environmental zone may be appropriate, oranother zone with an additional ‘overlayed’ local provision.Where maintenance dredging, sand extraction or similar is likely or envisaged the intended zoningshould accommodate this.18