Board Meeting: March 2015
Agenda Number: 9(iv)
File Ref: PL0051
LORD HOWE ISLAND BOARD
Business Paper
ITEM
Planning Proposal to amend the LHI Local Environmental Plan 2010 (Amendment No. 3) for
Wastewater Management System (WMS) amendments
BACKGROUND
In September 2014, the Board considered a Planning Proposal to amend the LHI Local
Environmental Plan, 2010 (LEP) to provide residents and business owners with a simple and
more efficient process when they upgrade their domestic and commercial wastewater
management systems, in line with the Lord Howe Island Board’s On-Site Wastewater
Management Strategy.
The planning proposal specifically sought to amend the LEP to define wastewater
management systems (WMS) and enable development for such purposes as ‘exempt
development’ on land zoned 2 Settlement and ‘development with consent’ on land zoned 1
Rural, 5 Special Uses, 6 Recreation and 7 Environmental Protection.
The Board resolved to forward the Planning Proposal to the NSW Department of Planning
and Environment’s LEP Gateway Review Panel.
CURRENT POSITION
The Planning Proposal was approved by the NSW Minister for Planning in a Gateway
Determination dated 28 November 2014.
As part of the Gateway Determination, the Minister appointed the Secretary of the NSW
Department of Planning and Environment as the relevant planning authority to finalise the
matter. This is because the Board is not a relevant planning authority under the
Environmental Planning and Assessment (EP& A) Act 1979.
The Planning Proposal was then placed on public exhibition for 1 month from 15 January to
15 February 2015. No public submissions were received. A response was received from the
NSW Office of Environment and Heritage (Attachment A).
The matters raised in the agency response have been considered by the LHIB Manager of
Environment and Community Development and the NSW Planning & Environment and no
changes to the planning proposal are considered necessary. The wording of subclause (c) in
column 2 will be carried out with the legal drafting of the instrument without having to amend
the planning proposal. The wastewater amendments are not likely to have a significant
impact on Matters of National Environmental Significance (namely the LHIG World Heritage
Property) under the EPBC Act, and subsequently do not need to be referred to the
Australian Department of Environment.
The NSW Planning & Environment will write to Parliamentary Counsel requesting legal
drafting of the LEP Amendment.
Once issued, NSW Planning & Environment will provide a copy of the draft instrument to the
Board for review to ensure it is consistent with the objectives and outcomes of the Planning
Proposal. It is the role of the Secretary however to make the final request under Section 58
of the EP&A Act that the LEP be published.
To ensure the timely progression of the LEP amendment, the Board could endorse the CEO
to review the draft instrument once it is issued and instruct the Secretary to finalise the
matter. This would mean that the matter would not need to be reported back to a full Board
Meeting.
RECOMMENDATION
It is recommended that the Board:
a) note the issues raised in the OEH submission and approve that no amendment to the
Planning Proposal is required; and
b) endorse the CEO to review the draft instrument and instruct the Secretary to finalise
the matter.
Prepared __________________ David Kelly
Manager Environment &
Community Development
Endorsed __________________ Bill Monks
Acting Chief Executive Officer