Protect Willandra Lakes World Heritage area; consult the World Heritage Advisory Committee.
Applies to: Land identified as the Willandra Lakes World Heritage Property under Balranald LEP 2010 and Wentworth LEP 2011When preparing a planning proposal for land in the Willandra Lakes World Heritage Property, the planning proposal authority must consult the World Heritage Advisory Committee and, as far as practicable, give effect to its recommendations. The proposal must be consistent with the direction's objectives, any relevant Mungo National Park plan of management, and relevant strategic and individual property plans. A 60-day consultation period applies, which the Committee may extend by up to a further 60 days.
Direction 3.8 is a planning direction that applies only to a very specific area of far south-western NSW: land mapped as the Willandra Lakes Region World Heritage Property, which sits within the Balranald and Wentworth local government areas. Its purpose is to make sure that any change to the local planning rules (a planning proposal, i.e. a proposal to make or amend a local environmental plan) for this internationally significant area is checked against the plans that exist to protect it and is not made without consulting the body set up to advise on it.
Planning proposal authorities (typically the relevant council or the body preparing an amendment to Balranald LEP 2010 or Wentworth LEP 2011) when they prepare a planning proposal affecting the mapped World Heritage Property.
It is triggered when a planning proposal authority prepares a planning proposal for land identified as the Willandra Lakes World Heritage Property on the World Heritage Property Map under Balranald LEP 2010 or Wentworth LEP 2011.
A planning proposal may be inconsistent with the direction only if the planning proposal authority satisfies the Planning Secretary (or a nominated Departmental officer) that the inconsistent provisions are of minor significance.
The direction connects to the Balranald LEP 2010 and Wentworth LEP 2011 (which define individual property plan, outstanding universal values, strategic plan of management and World Heritage Advisory Committee), the strategic plan of management prepared for the World Heritage Property, and the plan of management for Mungo National Park under the National Parks and Wildlife Act 1974.
The authority must send written notice asking the Committee to comment within the consultation period on the impact of the proposed LEP on the World Heritage Property, including its outstanding universal values, and must provide a copy of the planning proposal with the notice.
The authority must, as far as practicable, give effect to any recommendations the Committee makes within the consultation period, and must consider any other comments the Committee makes in that period.
The proposal must be consistent with the objectives of the direction, the Mungo National Park plan of management (if applicable), a relevant strategic plan of management, and a relevant individual property plan.
The consultation period is 60 days from when the Committee receives the written notice; the Committee may extend it by up to a further 60 days (to a maximum of 120 days) by advising the authority in writing.
This direction has no application to Kiama. It is confined to land mapped as the Willandra Lakes Region World Heritage Property under the Balranald LEP 2010 and Wentworth LEP 2011 in far south-western NSW. A Kiama coastal DA or planning proposal is not affected by it.
3.8 Willandra Lakes Region Objective The objectives of this direction are to: (a) protect, conserve and manage the Willandra Lakes Region World Heritage Pr operty (World Heritage Property) in accordance with a strategic plan of management prepared for World Heritage Property, and (b) establish a consultation process for making decisions on conservation and development within the World Heritage Property. Application This direction applies when a planning proposal authority prepares a planning proposal for land identified as the Willandra Lakes World Heritage Property, on the World Heritage Property Map, under the Balranald Local Environmental Plan 2010 and Wentworth Local Environmental Plan 2011. Direction 3.8 (1) When preparing a planning proposal, the planning proposal authority must: (a) consult with the World Heritage Advisory Committee by: i. sending written notice to the Committee that asks it to comment, within the consultation period, on the impact of the proposed local environmental plan (as set out in the planning proposal) on the World Heritage Property, including its outstanding universal values, and ii. providing the Committee with a copy of the planning proposal with the written notice, and iii. as far as is practicable, giving effect to any recommendations of the Committee made within the consultation period about the proposed local environmental plan, and iv. considering any other comments made by the Committee within the consultation period in relation to the proposed local environmental plan, and (b) be satisfied the planning proposal is consistent with the following: i. the objectives of this direction, and ii. the plan of management prepared for Mungo National Park under the National Parks and Wildlife Act 1974, if applicable, and iii. a relevant strategic plan of management, and iv. a relevant individual property plan. (2) The World Heritage Advisory Committee may extend the 60-day consultation period by up to a further 60 days by advising the planning proposal authority in writing of the extension. Consistency A planning proposal may be inconsistent with the terms of this direction only if the planning proposal authority can satisfy the Planning Secretary (or an officer of the Department nominated by the Secretary) that the provisions of the planning proposal that are inconsistent are of minor significance. Note: In this direction: Consultation period means— (a) 60 days from the date on which the World Heritage Advisory Committee receives the written notice under clause (1), or (b) A longer period up to 120 days if extended under clause (2) If the planning proposal relates to land to which the Balranald Local Environmental Plan 2010 applies, individual property plan, outstanding universal values, strategic plan of management and World Heritage Advisory Committee have the same meaning as in the Balranald Local Environmental Plan 2010. If the planning proposal relates to land to which the Wentworth Local Environmental Plan 2011 applies, individual property plan, outstanding universal values, strategic plan of management and World Heritage Advisory Committee have the same meaning as in the Wentworth Local Environmental Plan 2011. Date commenced: 21 November 2022
This is an unofficial reproduction provided for convenience. It is not the official version of the legislation. For the official, in-force version, see legislation.nsw.gov.au.
Reproduced from the NSW Department of Planning, Housing and Infrastructure (planning.nsw.gov.au), © State of New South Wales, under Creative Commons Attribution 4.0. Text extraction may introduce minor formatting artefacts — rely on the official source for anything decision-critical.