We acknowledge the traditional custodians of the land on which we work and live, the Gathang-speaking people and pay our respects to all Aboriginal and Torres Strait Islander people who now reside in the MidCoast Council area. We extend our respect to Elders past and present, and to all future cultural-knowledge holders.
A Plan of Management (POM) is required to be prepared for public land which is owned and/or managed by a council and classified as community land under the Local Government Act 1993 (LG Act). A POM on community land is a document that provides for and directs the use and management of that land. It describes the current purposes and uses of the community lands and their values, assigns them to one or more categories and sets out objectives and performance targets for active land management and use.
The Forster Main Beach, Headland and Lower Estuary areas to which this POM applies (Forster Foreshore), consists mainly of Crown land which is owned by the State of New South Wales for the benefit of all persons. Local Government Authorities manage Crown land on behalf of the State, as Crown Land Managers, under Division 3.4 of the Crown Land Management Act 2016 (CLM Act). Forster Foreshore also includes a small parcel of Council owned community land which is classified as community land under the LG Act MidCoast Council (Council) therefore now manages all community land, Crown or Council-owned land, under one portfolio.
Community land is categorised under the LG Act as either park, sportsground, general community use, natural area or area of cultural significance. The land at the Forster Foreshore has been categorised in this POM, as:
• General Community Use
• Park
• Natural Area - Foreshore
The intention of this POM is to provide Council with a framework that enables decisions in regard to Forster Foreshore to be made on an informed, consistent and equitable basis. The POM meets all of the requirements of the LG Act
A description of this land as it exists on Forster Foreshore is provided. The current use, built and natural assets and their condition, emerging trends, constraints and influences have been considered in this POM. Appropriate management objectives and actions, as well as an effective management structure and communication strategy for successful implementation are key outcomes provided by the POM.
In terms of Forster Foreshore’s development into the future, this POM draws on many of the concepts proposed in a number of plans previously completed by the former Great Lakes Council and more recently by the MidCoast Council. For example:
• Forster Main Beach Masterplan November 2018 (MidCoast Council)
• Forster Boat Harbour Management Plan (former Great Lakes Council)
• Forster Foreshores Plan of Management (former Great Lakes Council)
These earlier considerations acknowledged the significance of the range of precincts which comprise Forster Foreshore in terms of the essential services and unique attractions on offer for a growing number of residents and visitors to the Forster area.
Additionally, this POM proposes changes to the management of Forster Foreshore that are based on physical information gathered on site during the compilation of the plan, from a communication process which was initiated with the major user groups and respective members, and discussions with Council staff. A vision of this POM especially around the Main Beach precinct, will be delivered through a revitalisation of key infrastructure and facilities, and
the creation of more open space to meet the needs of not only the existing community but also those of the future community.
The POM is presented in two principal sections being:
• The site description (A) covering the physical attributes, the legal framework, and the constraints of the site.
• The fundamental components of the Plan (B) which describes what is planned for the site’s future.
Forster Foreshore is an area bounded by a beach and a lower estuary and includes a headland area, at the northern extremity of the township of Forster on the mid north coast of NSW (see Figure 1). Forster is approximately 225km northeast of Sydney and 530km south of Brisbane, and is immediately adjacent to its twin town, Tuncurry, which is located across the Coolongolook River (Wallis Lake entrance) to the north-west.
Aboriginal people of the Worimi tribe occupied the area north of the Hunter River to the Great Lakes systems, and the Biripi people occupied the area from the Great Lakes north to the Manning River 1 Both tribes were of the Kattang language group2 comprising of a number of local groups (nurras) including the Guringai, and the Wallamba3 , which could be further subordered into family groups. Each nurra had defined tribal areas although their bounds are not currently known with any accuracy due to extensive detribalisation following European settlement. The Wallamba possibly had up to 500 members before European contact was made, and the middens around Wallis Lake area suggest that food from the land, lakes and the sea was plentiful.
Although European settlement commenced in and around the current towns of Forster and Tuncurry in the early nineteenth century, the area was part of an original million-acre land grant given to the Australian Agricultural Company in 1825. By 1831 timber getters were active around Cape Hawke to the south and by the 1860’s an early fishing industry had established. The first village where Forster is now located was named Minnimbah on some old plans, which in 1869 was surveyed and renamed Forster after William Forster, the Secretary for the Department of Lands. The initial plan of the Village of Forster was approved by the Minister for Lands in October 1870.
John Wright is attributed as being the first European to permanently settle across the river to the north-west in the 1860’s, 4 securing a land grant in 1875. That settlement which was originally called North Shore and then North Forster, was renamed Tuncurry in 1891, meaning "plenty of fish" in the local Worimi dialect. Forster and Tuncurry quickly became well known for fishing, timber milling, boat building5 and dairying.
Punt services crossing Cape Hawke Harbour between Forster and Tuncurry began in 1890 initially with an open rowing boat conveying passengers (and a sulky if needed),6 The first of three punts that were used to provide a ferry service including a car service, commenced operation in late 1924 (Figure 2). Most vehicular punts in NSW operated independently using cables. The earlier Forster-Tuncurry punts, however, were close-coupled to a motor launch as shifting sandbanks had to be negotiated to make the crossing between the two towns.
In 1959, a bridge linking Forster with Tuncurry was constructed, replacing the punt services The bridge enabled a fusion of the two communities after that time and the towns were referred to as the twin towns creating a common social and economic identity. This community has grown rapidly in recent decades, occupying the scenic precinct immediately eastwards of the confluence of three river systems - the Wallamba, which flows from the north-west, the Wallinghat, from the south-west, and the Coolongolook from the west.
1 Great Lakes Council Heritage Study, May 2007: MidCoast Council: www.midcoast.nsw.gov.au
2 Also spelt Kuttung, Gathang, Gadang or Gadhang
3 The Kabook and Watoo People of the Gringai Barrington River Gloucester, NSW; Robert Siron and Luke Russell 2018: www.hunterlivinghistories.com//2-18/08/15/the-kabook-watoo/ The History of the Worimi People, Mick Leon. Tobwabba.com.au/worimi/index.html
4 Great Lakes Council Heritage Study, May 2007: MidCoast Council: www.midcoast.nsw.gov.au
5 Aussie Towns: Forster Tuncurry NSW - www.aussietowns.com.au/town/forster-tuncurry-nsw
6 Forster - Tuncurry Ferry: From a publication written by Chris Borough covering the Forster Ferry Service and published by the Great Lakes Historical Society, Tuncurry
Forster was notified as a town in 1960.
Forster Foreshore was part of Reservation No:4 in County of Gloucester of a (then) unnamed parish under the provisions of the Crown Lands Alienation Act 1861 for the preservation of water supply or other public purpose on 8 October 1863.
The first plan of the Village of Forster “On Wallis’s Lake” (see Figure 3) dated 1871, shows Forster foreshore as being subject to a Reserve for Pilot Station, Water and Public Wharf including the headland and a deep swamp. To the west are special leases for “fishing and curing place” and “wharf” and a beach where Wallis Lake meets the Pacific Ocean.
The establishment of the Pilot Station on Pilot Hill (also known as Flagstaff Hill) is of particular historical note. The Station which overlooks Cape Hawke Harbour, the breakwater and the river entrance, was established in 1883 in response to increased boating activity. Captain Amor Hicks “Ned” Kendall, a Master Mariner, was appointed the first pilot. He remained in the position until his retirement in 1908.
Reservation No:4 was later revoked and the first formal Reserve for Pilot Station (R.12694) for 20 acres was notified 11 October 1890, followed shortly by a Reserve for Ferry Purposes on 15 July 1893 (see Figure 4).
Forster Foreshore was divided into Section 29 of the Town of Forster and Portion 44, and new reserves were created being:
• Reserve for Tramway
• R.42011 for Pilot Station (replacing part of R.12674 in 1907)
• R.56158 for Public Recreation and the Preservation of Native Flora in 1923
• R.74171 for Public Recreation Camping and Resting Place in 1951
• R.76327 for Public Pound Purposes in 1953
• R.83011 for Public Recreation and Access in 1961.
• R.79681 for Public Recreation in 1957 with a number of subsequent additions in 1964, 1965, 1968, 1970, 1983, 1985, 1986, 1999 and 2002 (the current Reservation).
A report on the facility in 1941 noted a complex of structures which included the Pilot’s residence, boatman quarters, signal house, signal mast, lighthouse, office and storerooms (Figure 5). The flagpole, a symbol of the old Pilot Station, is the only remaining structure of this historic site.
The Cape Hawke Harbour was utilised as a shelter from strong southerly winds. In the late 1890s a number of ships were famously wrecked off Forster Beach. This prompted the Government to address the entry of the Coolongolook River and at the turn of the nineteenth century, work commenced on the southern breakwater and the south training wall which now forms the western and northwestern boundary of Forster Foreshore. Finished in 1903, the breakwater has since provided improved safety for boats entering the river mouth into the harbour or exiting to the open ocean. Figure 6 shows the location of the new training wall, well to the west of R.12694.
Works completed by 30 June 1901 are shown in Black. Proposed works in
A fledgling tourist industry had also commenced by the end of the nineteenth century at Forster and Tuncurry. Within and around the beach precinct, growth in holiday accommodation during the twentieth century matched its increasing popularity as a rapidly developing tourist area,8 including the required infra-structure of hotels, boarding houses, flats and camping grounds. This area of the coast was well promoted during the 1950s as a holiday mecca for beaching, fishing and simply relaxing (Figure 7).
7 – Robinson's Tourist Guide 1961 - covering the area from Newcastle to Port Macquarie and including Forster - Tuncurry. Note the woman wearing the swimsuit, a child with bucket and spade, and the man wearing a Hawaiian shirt, while holding a fish!
An ocean baths at the southern end of Main Beach was opened in 1935, and the first Surf Club was formed in 1925, operating at Main Beach. A number of basic Surf Club buildings were constructed during the 1920s and 30s. In 1946, a small boatshed was constructed in the middle of the beach which soon fell victim to the surf and beach erosion. In 1953, another clubhouse was built, replaced in 1967 by the recently demolished Surf Club facility which was opened ancillary to the extension of the beach promenade, amenities and car park (Figure 8).
8 See Robinsons Tourist Guide and Directory of the Central North Coast of NSW, “Pacific Playground” Tourist Guide: New Century Press Pty. Ltd.
The local branch of the Royal Volunteer Coastal Patrol operated its Marine Rescue Base from the Surf Club until a new centre for Marine Rescue was established in its current position near the breakwater on the Forster Foreshore.
The hub of commercial activity at Forster began on and around the waters of the Breckenridge Channel. Leases were granted to J Barling and J Booth over the area currently known as Town Park, prior to 1870. The latter nineteenth century saw early authorisation for occupation of businesses from the Crown with the issuing of a flurry of now historically important leases, which covered activities including ship building, wharves, fishing, timber milling and store, laying the commercial foundation for the early settlement. Of significance within the estuary section of the Forster Foreshore, and all predating the constructed training wall, were special leases granted to:
• J. Breckenridge for a sawmill in 1880 (near the Forster-Tuncurry Bridge approach)
• J. Donaldson for a wharf in 1883 (near John Holland Park)
• T. Brown for a “fishing and curing place” 1885 (near the current boat ramp)
• J and T Miles for Shipbuilding and Wharfage in 1891.
The Forster Surf Life Saving clubhouse at that time (constructed in 1953), can be seen located on the headland below the original cottages from the Pilot Station, a couple of tents and a caravan in the camping reserve behind. (Photo sourced Great Lakes Museum archives)
These foundation commercial activities have evolved into the current functions of this precinct - a mix between commerce and recreation, still with a strong marine and boating orientation. This followed the construction of the training wall which enclosed natural tidal narrow beaches along the estuary, as well as a significant area which was referred to on early plans, as Swimming Pool. A survey plan of 1943 notes that a small harbour, the precursor to the current Boat Harbour and Marina, is present within the training wall area near the current John Holland Park, along with a Maritime Services boat shed.
In 1959 the area currently occupied by Town Park was Reserved for Public Pound Purposes. This was later revoked and added to the current reservation to be known as the Colliton Garden.
Significant planning and redevelopment of these facilities has occurred during the late twentieth century, with major improvements supported by various government maritime funding initiatives in 1995 and 2009 to produce another prime facility for Forster.
MidCoast Council commenced management of the Forster Foreshore on 12 May 2016 with the merger of Great Lakes, Greater Taree and Gloucester Shire Councils.
Forster Foreshore is located on Crown land reserved for the purposes of Public Recreation on various dates between 1957 and 2004
A small lot of Council owned land is also included.
There are multi vehicular and pedestrian access points to Forster Foreshore. Head Street provides the main road thoroughfare both from the Tuncurry side of the river, and the central business district of Forster and to the southeast. Roundabouts into both Reserve Road and Beach Street (north-south) access the Surf Club, Main Beach and carpark. Oyster Parade (east-west) off Beach Street provides access to the Boat Harbour and Marina on the Breckenridge Channel, Town Park and John Holland Park. In addition to pathways which run in conjunction with the streets, pedestrians may access the Reserve along a walkway from Memorial Drive near the riverbank and under the bridge from the south. Vehicles and pedestrians can access the boat ramp, parking areas and other facilities including Pilot Hill and nearby playground, via the Dolphin Drive loop which follows the breakwater as far as the Marine Rescue Centre. Forster Foreshore surrounds the Reflections Holiday Park which is managed by the NSW Crown Holiday Parks Land Manager and is not included in this POM.
Forster Foreshore may be conveniently described for the purpose of this POM, by a number of functional and location precincts (see Figure 9):
• Main Beach
• Coastal Rehabilitation Area
• Breakwater and Marine Rescue
• Pilot Hill
• Boat Harbour and Marina
• John Holland Park and Ronald McDonald Family Retreat, and
• Town Park
This POM has been prepared in order to achieve a balanced, responsible and ecologically sustainable use of the land and to ensure that it addresses the needs of the local neighbourhood, the broader community and the environment It has been prepared to meet the requirements of the LG Act
The majority of the public land included in Forster Foreshore is Crown land, owned by the State of New South Wales, managed by Council for the benefit of all persons. Local Government Authorities manage Crown land on behalf of the State, as Crown Land Manager, under Division 3.4 of the CLM Act, which provides that Council should manage the land under the LG Act
A small lot of Council owned land similarly managed under the LG Act, is also included in Forster Foreshore.
Under the LG Act, all public lands must be classified as either Community or Operational land. Forster Foreshore, shown in Figure 9, has been previously classified ‘Community’ land, with the initial categorisation being for Natural Area – Foreshore and General Community Use.9
The purpose of the classification of Public land is to clearly delineate which land should be kept for use by the general public (Community) and which land need not be kept for that purpose (Operational). The major consequence of the classification is that it determines the ease or difficulty by which the land may be alienated by sale, lease or other means. Community land would ordinarily comprise land such as a sportsground, hall, public park, beach precinct etc,.10 Operational land would consist of land which facilitates carrying out of a public service, such as works depots, or land held as a temporary asset or investment.
Community land:
• cannot be sold
• cannot be leased, licensed or any other estate granted over the land for more than 30 years
• must have a POM prepared for it.
The LG Act requires that in the development of a POM, Council consider the views of the community in identifying the important features of the land and determining how the land will be managed, used, or developed. Until a POM for Community Land is adopted, the nature and use of the land cannot be changed. Otherwise, the POM must be revised.
In its management of the Crown land of the Reserve, Council will also undertake the required process as per Section 36 of the LG Act and Section 3.23 of the CLM Act
Specifically, the LG Act requires that a POM must identify the:
• category of the land
• objectives and performance targets of the Plan with respect to the land
9 Assigned by Council under Section 3.23(2) of the CLM Act
10 See the note to Chapter 6, Part 2 of the LG Act
• means by which the council proposes to achieve the Plan’s objectives and performance targets
• manner in which the council proposes to assess the objectives and performance targets
• condition of the land, and any buildings or other improvements on the land, as at the adoption of the Plan
• use of the land and any such buildings or improvements as at adoption
• purposes for which the land, and any such buildings or improvements, will be allowed to be used
• purposes for which any further development of the land will be permitted, whether under lease or licence or otherwise
• scale and intensity of any such permitted use or development
The LG Act allows a POM to cover one or multiple parcels of land.
Where multiple parcels of land are covered in one POM (Generic Plans), the LG Act specifically states what needs to be included. Where a POM covers one parcel of land (Specific Plans), like this POM, there is greater detail on what has to be prescribed. A Generic Plan sets the framework of how the land is to be managed. A Specific Plan clearly outlines precise management proposals.
POMs for community land are periodically reviewed to enable changing social, economic and ecological conditions to be taken into account and consequently amendments to the POM may occur. This POM for the Forster Foreshore as defined here, will replace an earlier Plan of Management prepared in the mid-1990s.
The majority of Community land within the MidCoast Local Government Area will be subject to the Community Land Plan of Management which provides an overarching strategy and consistent management approach for community land parcels.
This POM is one of a set of specific POMs for Council which will include:
• Andrews Reserve
• Bulahdelah Showground
• Cedar Party Creek
• Gloucester / Billabong
• Harrington Foreshore
• Nabiac Showground
• North Tuncurry Sports Area
• Old Bar Park
• Stroud Showground
• Taree CBD Foreshore
• Taree Regional Recreation Centre
• Wingham Foreshore
• Wingham Sporting Complex
• Wrigley Park
As required by legislation for the purposes of the POM, community land is categorised as one of the following:
• Natural Area
o Bushland
o Escarpment
o Foreshore
o Wetland
o Watercourse
• Sportsground
• Park
• Area of cultural significance
• General community use
Once categorised, community land is also subject to specified objectives which are outlined in the LG Act and in Appendix 1.
Forster Foreshore consists of the following parcels:
• Lot 1 Deposited Plan (DP) 1105251
• Lot 440 DP 40071
• Lot 7090 DP 1056909
• Lot 7362 DP 1128839
• Lot 398 DP 753168
• Lot 459 DP 633412
• Lot 7124 DP1037798
• Lot 7363 DP 1128839
• Part Lot 44 DP 753168
• Part Lot 7088 DP 1066047
• Part Lot 7361 DP 1128842
• Lot 172 DP 753168 (Council owned)
• Lot 460 DP 633412 (Council owned)
• Unidentified Crown land shown as road on DP 1128839, east of Lot 7363 DP 1128839 and Lot 460 DP 633412
• Crown public road north of North Street
• Pt North Street (Council public road)
Figure 10 shows the lot locations for the land which is subject to the POM. Please note that the Reflections Holiday Park, located on part of Lot 44 in DP 753168 and Lot 7361 in DP 1128842, is not included in this POM.
The total planning area of the Forster Foreshore is approximately 19.8 hectares
Crown Land
Forster Foreshore is principally Crown land owned by the State of New South Wales and subject to R.79681 for Public Recreation the majority of which was created 28 June 1957. Additions were made to the R.79681 on:
• 6 November 1964 being the western part of current lot 7361 DP 1128842
• 27 August 1965 being current Lot 1 DP 1105251, Lot 7363 DP 1128839 and unidentified Crown land east of Lot 7363 DP 1128839 and Lot 460 DP 633412
• 11 October 1968 being current Lot 398 DP 753168
• 9 October 1970 being part of current Lot 44 DP 753168 (Town Park)
• 1 November 1985 being area currently within the Reflections Holiday Park
• 23 May 1986 being current Lot 7090 DP 1056909
• 14 May 1999 being current Lot 440 DP 40071, Lot 459 633412, and Lot 7362 DP 1128839
• 22 February 2002 being current Lot 7124 DP 1037798.
Figure 10 – Land parcels subject to this POM
The land subject to this POM is bound by red outline (not including the Reflections Holiday Park). Parcels shaded green are owned by Council in freehold, shaded pink is a Crown public road and the residual of the land is Crown land managed by Council as Crown land manager of R.79681.
Communication Facilities was added as an additional purpose to R.79681 on 23 January 2009.
Council, as the Council of the Shire of Stroud, was appointed trustee of R.79681 under the Public Trust Act 1897 on 27 September 1957.
Following various legislative changes in the management of Crown land, and changes in the areas and names of local government authorities, Council is now Crown land manager of R.79681 for the purposes of the CLM Act.
The Crown land section of Forster Foreshore is also subject to Reserve R.1011970 for access and public requirements, tourism purposes and environmental and heritage conservation, notified 28 July 2006
Parts of the Forster Foreshore is Crown Public Road.
All assets on the Crown land component of Forster Foreshore are owned by the State of New South Wales.
Lot 172 DP 753168 and Lot 460 DP 633412 are held in freehold by Council.
Part of the Forster Foreshore is North Street which is owned in freehold by Council.
Crown land in Australia is subject to native title under the Native Title Act 1993 (Commonwealth) On Crown land, native title rights and interests must be considered unless:
• Native title has been extinguished; or
• Native title has been surrendered; or
• Determined by a court to no longer exist.
Some examples of acts11 which may affect native title on Crown land or Crown reserves managed by Council include:
• the construction of new buildings and other facilities such as toilet blocks, walking tracks, tennis courts, grandstands and barbecues
• the construction of extensions to existing buildings.
• the construction of new roads or tracks
• installation of infrastructure such as powerlines, sewerage pipes, etc.
• the issue of a lease or licence
• the undertaking of major earthworks.
When proposing any act that may affect native title on Crown land or Crown reserves the act must be authorised through Part 2 Division 3 of the Native Title Act 1993 (Cwlth).
No future acts will be undertaken on Lot 440 DP 40071, Lot 459 633412, Lot 7362 DP 1128839, Lot 7124 DP 1037798, the eastern part of Lot 7361 DP 1128842,12 part of Lot 7088 DP 1066047 adjacent to the Main Beach Promenade13 and the extension of Beach Street north of North Street unless:
• the lands become excluded land for the purposes of the Crown Land Management Act 2016, or
• the act is a tenure which satisfies the requirements of Section 24HA (Management of Water and Airspace) of the Native Title Act 1993
• the act is, or permits, a public work which satisfies the requirements of Section 24KA of the Native Title Act 1993.
11 An act is defined in Section 226 of the Native Title Act 1993 (Cwlth). An act affecting native title is defined in Section 227 of the Native Title Act 1993 (Cwlth)
12 This restriction relates to that part of Lot 7361 DP 1128842 added to Reserve 79681 in the NSW Government Gazette notice of 14 May 1999 (folio 3279).
13 This restriction relates to that part of Lot 7088 DP 1066047 (a small triangular section north of North Street) not placed in Reserve 79681 in the NSW Government Gazette notice of 28 June 1957 (folio 2047).
• the act is a low impact act and satisfies the requirements of Section 24LA of the Native Title Act 1993.
The Aboriginal Land Rights Act 1983 (ALRA) seeks to compensate Aboriginal peoples for past dispossession, dislocation and loss of land in NSW. The lodgment of an aboriginal land claim (ALC) under Section 36 of the ALRA, over Crown land creates an inchoate interest in the land for the claimant pending determination of the claim. The Department of Planning, Housing and Infrastructure – Crown lands advises that, if the land is subject to an undetermined ALC, any works, development or tenures authorised by the PoM should not go ahead if:
• the proposed activity could prevent the land being transferred to an ALC claimant in the event that an undetermined claim is granted.
• the proposed activity could impact or change the physical/environmental condition of the land, unless:
o the council manager has obtained written consent from the claimant Aboriginal Land Council to carry out the proposed work or activity, and/or
o the council manager has obtained a written statement from the Aboriginal Land Council confirming that the subject land is withdrawn (in whole or part) from the land claim
• the proposed activity is a lease to be registered on title unless the council manager has obtained written consent from the claimant Aboriginal Land Council.
Under the Great Lakes Local Environment Plan 2014 (LEP),14 Forster Foreshore is principally zoned RE1 – Public Recreation (See Figure 11). Small sections of the land are zoned W2 Recreational Waterways, R4 – High Density Residential and SP2 Infrastructure (Classified Road).
14 The MidCoast Council was created in 2016 from the three former LGA’s – Great Lakes, Greater Taree and Gloucester. At the time of the compilation of this POM, the pre-existing LEPs for each former LGA, prevailed. Forster Foreshore is located within the former Great Lakes Local Government Area so the prevailing Great Lakes LEP 2014 prevails within this POM.
Forster Foreshore is bounded on the west by the W2 zone Breckenridge Channel (of the Coolongolook River), and its north-eastern boundary by the (un-zoned) ocean front. To the east and south is land zoned R4 and RE1. The Head Street area which is zoned Classified Road (SP2) is located outside and adjacent to the Reserve’s southern boundary, with two separate areas zoned High-Density Residential (R4).
The objectives for RE1 land described within the LEP, are:
• To enable land to be used for public open space or recreational purposes.
• To provide a range of recreational settings and activities and compatible land uses
• To protect and enhance the natural environment for recreational purposes.
• To provide a range of educational, environmental, community and cultural uses for the benefits of the community.
• To enable access to activities and businesses located within adjacent waterways.
Activities permitted without consent for land zoned RE1 are shown as:
• Nil.
Activities permitted with consent for land zoned RE1 are shown as:
• Aquaculture
• Boat launching ramps
• Camping grounds
• Car parks
• Caravan parks
• Community facilities
• Depots
• Eco-tourist facilities
• Emergency services facilities
• Environmental facilities
• Environmental protection works
• Flood mitigation works
• Function centres
• Heliports
• Information and education facilities
• Jetties
• Kiosks
• Marinas
The following activities are prohibited:
• Markets
• Plant nurseries
• Recreation areas
• Recreation facilities (indoor)
• Recreation facilities (major)
• Recreation facilities (outdoor)
• Registered clubs
• Research stations
• Restaurants or cafes
• Roads
• Sewerage systems
• Signage
• Waste or resource management facilities
• Water recreation structures
• Water supply systems
• Wharf or boating facilities
• Any developments other than those permitted with consent are prohibited on this land.
The objectives for R4 land described within the LEP, are:
• To provide for the housing needs of the community within a high-density residential environment.
• To provide a variety of housing types within a high-density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To achieve increased population density in locations that support the business centre.
• To provide for tourist and visitor accommodation in appropriate locations.
Activities permitted without consent for land zoned R4 are shown as:
• Home occupations
Activities permitted with consent for land zoned R4 are shown as:
• Boarding houses
• Boat launching ramps
• Car parks
• Centre-based child care facilities
• Community facilities
• Educational establishments
• Emergency services facilities
• Environmental protection works
• Exhibition homes
• Flood mitigation works
• Helipads
• Home-based child care
• Home businesses
• Information and education facilities
• Jetties
• Moorings
• Neighbourhood shops
The following activities are prohibited:
• Dwelling houses
• Farm stay accommodation
• Rural workers’ dwellings
• Oyster aquaculture
• Places of public worship
• Recreation areas
• Recreation facilities (indoor)
• Registered clubs
• Residential accommodation
• Residential flat buildings
• Respite day care centres
• Restaurants or cafes
• Roads
• Service stations
• Sewerage systems
• Shop top housing
• Signage
• Tourist and visitor accommodation
• Water recreation structure
• Water supply systems
• Any developments other than those permitted with or without consent are prohibited on this land.
The objectives for W2 land described within the LEP, are:
• To protect the ecological, scenic and recreation values of recreational waterways.
• To allow for water-based recreation and related uses.
• To provide for sustainable fishing industries and recreational fishing.
• To enable development that does not detract from the visual qualities of the natural foreshore.
• To enable development that supports the viability of adjoining land-based development.
Activities permitted without consent for land zoned W2 are shown as:
• Nil
Activities permitted with consent for land zoned W2 are shown as:
• Aquaculture
• Boat launching ramps
• Boat sheds
• Building identification signs
• Business identification signs
• Charter and tourism boating facilities
• Environmental facilities
• Environmental protection works
• Extractive industries
• Flood mitigation works
• Information and education facilities
The following activities are prohibited:
• Industries
• Multi dwelling housing
• Residential flat buildings
• Seniors housing
• Warehouse or distribution centres
• Jetties
• Kiosks
• Marinas
• Mooring pens
• Moorings
• Passenger transport facilities
• Restaurants or cafes
• Roadside stalls
• Vehicle sales or hire premises
• Water recreation structures
• Wharf or boating facilities
• Any developments other than those permitted with or without consent are prohibited on this land.
The objectives for SP2 land described within the LEP, are:
• To provide for infrastructure and related uses.
• To prevent development that is not compatible with or that may detract from the provision of infrastructure.
• To provide for community-related uses, public facilities and services.
Activities permitted without consent for land zoned SP2 are shown as:
• Nil
Activities permitted with consent for land zoned SP2 are shown as:
• Aquaculture
• Roads
• The purpose shown on the Land Zoning Map, including any developments that is ordinarily incidental or ancillary to development for that purpose
The following activities are prohibited:
• Any developments other than those permitted with consent are prohibited on this land.
The LEP provides for maximum building height of 8.5m (shaded green and coded “I” in Figure 12) through the majority of the Forster Foreshore. Part of the John Holland Park precinct allows a maximum building height of 18m (shaded tan and coded “P’’ in Figure 12).
Forster Foreshore is subject to the State Environmental Planning Policies. Important amongst these in the development of Forster Foreshore is State Environmental Planning Policy (Transport and Infrastructure) 2021 or the T&I SEPP.
Section 2.74 of the T&I SEPP provides that development for any purpose may be carried out without consent on Crown managed land, by or on behalf of a Crown land manager of the land if the development is for the purposes of implementing a POM adopted for the land in accordance with the LG Act.
All other impacting State Environmental Planning Policies are listed below. Those that are considered more relevant to the future of Forster Foreshore and this POM are underlined below and briefly described in Appendix 2:
• State Environmental Planning Policy (Transport and Infrastructure) 2021
• State Environmental Planning Policy (Biodiversity and Conservation) 2021
• State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004
• State Environmental Planning Policy (Resilience and Hazards) 2021
• State Environmental Planning Policy (Planning Systems) 2021
• State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
• State Environmental Planning Policy (Housing) 2021
• State Environmental Planning Policy (Resources & Energy) 2021
• State Environmental Planning Policy (Primary Production) 2021
• State Environmental Planning Policy (Industry and Employment) 2021
• State Environmental Planning Policy No 65 Design Quality of Residential Apartment Development
In addition to state environmental planning policies and the directions of the LEP, Council has developed a number of plans and general policies which have either direct or indirect relevance to planning, management and maintenance of community land, more specifically, Forster Foreshore Of particular relevance are the:
• Community Strategic Plan - Council has developed MidCoast 2030: Shared Vision, Shared Responsibility to be the guiding document for the community. As the first Community Strategic Plan for the region, this plan plays a critical role in providing the framework which sets the direction of many activities, programs and projects over the coming years.
• Local Strategic Planning Statement - sets out a future vision for land use planning across the region. The Statement outlines how growth and change covered in the Community Strategic Plan will be managed to maintain the high levels of liveability, environmental amenity and rural character. It also reinforces that the unique characteristics that contribute to the local identity of our towns and villages should be maintained and enhanced.
• Engagement and Communications Strategy 2030 - developed in conjunction with the Community Strategic Plan, recognises that strong and effective communication can deliver a range of benefits, including strengthening relationships, generating support and participation and improving community awareness of programs, activities and services. This strategy provides for a greater understanding of the role and responsibilities of Council and the community in delivering the Community Strategic Plan.
• Community Engagement Strategy 2019-2022 - The Community Engagement Strategy sets Council’s commitment to engaging with the community not only to support decision making and plan for community projects, but to also build relationships and strengthen communities. The strategy acknowledges the enthusiasm of the community as being an important consideration in the management and use of community land. It provides an engagement toolkit for the process of community engagement.
• MidCoast Destination Management Plan - enables a vibrant community and grows the visitor economy through addressing both supply and demand. It acknowledges that tourism and the growth of the visitor economy is everyone’s responsibility. Visitations impact on the use of community land.
• Regional Economic Development Strategy (REDS) - is linked with Council's Community Strategic Plan and Destination Management Plan, and provides a strategic platform for community, business and Council to work with the State Government in driving economic growth. It is an important plan that will help attract State resources to underpin economic projects and create employment in the region.
• MidCoast Cultural Plan 2036 - the MidCoast is home to a diverse number of communities, each having their own unique story. Yet from freshwater to saltwater, bush to beach, the region also shares a strong sense of belonging, community and history. The plan emphasises identifying how the community can come together to celebrate its unique story.
• Climate Change Strategy - sets out the case for a range of cost-effective actions that can be implemented progressively over several years to reduce Council’s carbon emissions and adapt its operations to the impacts of climate change. These actions include investing in renewable energy, becoming more energy efficient, sequestering carbon, transitioning to more sustainable transport options and reducing our waste to landfill. Climate change impacts on the use of community lands (bushfire hazard and management, sea level rise and storm surge etc). Further, in acknowledging that a state of climate emergency currently exists, Council has affirmed that urgent action is required by all levels of government to take clear steps to avert a climate crisis. Anticipated impacts from climate change include: an increase in the number of extreme hot weather days and bushfire risk; sea level rise resulting in inundation of low-lying areas, wave over-topping and accelerated coastal erosion and an increase in the frequency of storm events, intense rain periods and flooding
• MidCoast Greening Strategy – as the region experiences growth, especially in the coastal centres, it is important to ensure that the high levels of liveability and renowned environmental amenity are maintained. The aim of the MidCoast Greening Strategy is to manage and enhance the quality and extent of vegetation across the region’s diverse landscapes.
• MidCoast Vegetation Management Policy – provides the process to issue permits for the pruning or removal of tree(s) or vegetation on private land, based on a consideration of defined assessment criteria.
• MidCoast Biodiversity Framework 2021-2030 – provides directions for MidCoast Council and the community to manage the rich natural heritage found across the MidCoast Local Government Area.
• MidCoast Pedestrian Access and Mobility Plan 2021 (updated) – MidCoast Council is committed to developing pedestrian access, accessible footpaths, shared pathways, cycleways, bike facilities and community pedestrian bike and cycle systems to ensure effective links for the community
• Great Lakes Coastal Zone Management Plan 2016 – this plan is a response to the requirements of the Coastal Protection Act, 1979, and its associated Guidelines for Preparing Coastal Zone Management Plans, and other relevant NSW legislation. It considers risks that may occur up until the year 2100 and covers the open coastline from Black Head at the northern end of Nine Mile Beach to Yacaaba Head at the southern end of Bennetts Beach. The developed beaches have been given particular focus, including Tuncurry (Nine Mile Beach), Forster Main, One Mile, Seven Mile, Elizabeth, Boomerang, Blueys, Sandbar Beach, Seal Rocks Number One, Seal Rocks Boat and Bennetts beaches.15
15 This plan requires Council to prepare corresponding Coastal Management Plans which will outline required implementation, especially dealing with the impact on infrastructure of expected increased in sea levels and surges associated with climate change. Council’s Coastal Management Plan is anticipated to be completed during 2025.
• Wallis Lakes Estuary and Catchment Management Plan 2014 – developed for agency managers, to assist in the prioritisation, funding and implementation of key management actions for the benefit of Wallis Lake Estuary and Catchment (including the lower Coolongolook River near the Reserve), as well as to provide guidance and further information for stakeholders and affected community members on intended actions within the target area.
• Forster Main Beach Masterplan November 2018 (MidCoast Council) – developed by MidCoast Council to revitalise the area for the benefit of the community and its visitors. This POM will provide the critical conveyance to ensure implementation of key masterplan components in that section of the Forster Foreshore.
• Forster Boat Harbour Management Plan 2003 – Developed by the former Great Lakes Council to meet emerging demands such as high demands for additional use of the boat harbour along the southern shoreline of Breckenridge Channel downstream of the road bridge.
• Forster Foreshores Plan of Management – also developed by the former Great Lakes Council to address the previous requirements of the (former) Crown Lands Act 1989, in the future development of a larger area which includes the Forster Foreshore.
• MidCoast Council’s Development Contribution Plans – Collects funds for improvements to the open space network of reserves which fall under Council’s jurisdiction.
Full details of Council’s relevant policies and plans as listed above can be found at Council’s website at: www.midcoast.nsw.gov.au/council/Plans-and-reports
Under the LG Act, Council has obligations for conservation issues as determined by the Biodiversity Conservation Act 2016, and the Fisheries Management Act 1994. The LEP notes that there are no significant biodiversity issues present or critical habitat notified at the Reserve. There is no biodiversity certified land or biobanking agreement associated with this land as per the Biodiversity Conservation Act 2016. The LEP does not contain any references to significant biodiversity issues present at the Forster Foreshore. This may be a consequence of a paucity of biodiversity investigation and knowledge rather than an absence of such features. Any proposed impacts to biodiversity values, including threatened species and ecological communities and their habitats requires proper consideration in accordance with the applying legislation.
Land zoned RE1 is covered by the State Government’s native vegetation laws aimed at protecting the biodiversity values of trees and other vegetation in non-rural areas of NSW and is included within the State Environmental Planning Policy (Biodiversity and Conservation) 202116 and also considered within the Biodiversity Conservation Act 2016. Any clearing of native vegetation requires consideration and possible authorisation under these policies.
16 Part 2.3 (1)(b) of the State Environmental Planning Policy (Biodiversity and Conservation) 2021
Acid sulfate soils are natural sediments that contain iron sulfides, often at depth. The objective of the LEP17 relating to the presence of acid sulfate soils is to ensure that any proposed development which may disturb, expose or drain them, is accounted for to avoid environmental damage.
The LEP indicates that Classes 1, 3, 4 and 5 acid sulfate land is likely to occur at the Forster Foreshore (see Figure 13). It is therefore required that consent considerations account for development which will disturb, expose or drain the acid sulfate accumulations which occur naturally.
The LEP indicates that proposed developments of varying intensity at the Forster Foreshore must comply with the following hazard scale:
Class 1: Any works
Class 3: Works more than 1 metre below the natural ground surface by which the watertable is likely to be lowered more than 1m below the ground surface
Class 4: Works more than 2 metres below the natural ground surface by which the watertable is likely to be lowered by more than 2 m below the ground surface
Class 5: Works within 500 metres of adjacent Class 1, 3 or 4 land that is below 5 metres (Australian Height Datum) and by which the watertable is likely to be lowered below 1 metre on Class 1,3 and 4 land.
17 Great Lakes LEP 2014.
The objectives of flood management as described in the LEP are to:
• minimise the flood risk to life and property associated with the use of land
• allow development on land that is compatible with the flood function and behaviour on the land, taking into account projected changes as a result of climate change.
• avoid adverse or cumulative impacts on flood behaviour and the environment.
• enable the safe occupation and efficient evacuation of people in the event of a flood.
The LEP shows a substantial component of the land within the Forster Foreshore being impacted by flood hazard (Figure 14) This component includes the land adjacent to the main estuary, both below and above the Tuncurry-Forster Bridge and Head Street. Accordingly, proposed developments need to be cognisant of the requirements of the LEP provisions for flood prone land
A search of the NSW Government’s Office of Environment and Heritage AHIMS Web Services revealed that:
• three aboriginal sites are recorded in or near the Forster Foreshore being on Forster Beach and in the John Holland Park area
• no aboriginal places have been declared in or near the Forster Foreshore
Council will carefully follow the Due Diligence Code Practice for the Protection of Aboriginal Objects in New South Wales18 when considering development in these areas.
Any construction undertaken by Council will need to meet the cultural heritage requirements of the National Parks and Wildlife Act 1974
The Forster Foreshore does not contain any items listed in the LEP as being of known aboriginal archaeological sites, nor places of indigenous heritage significance.
The objectives of environmental heritage designations in the LEP are:
• to conserve the environmental heritage.
• to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views
• to conserve archaeological sites.
• to conserve Aboriginal objects and Aboriginal places of heritage significance.
The LEP indicates that two areas of heritage significant land are present at the Forster Foreshore (Figure 15).
These are:
• Pilot Hill – Local Significance (Item Number I82).
• The Breakwater – Local Significance (Item Number I78).
Accordingly, any proposed developments within designated areas of heritage significance require consideration by the consent authority to ensure heritage objectives are considered. It is noted that the Forster Tuncurry Bridge (I81) to the south-west and Forster Ocean Baths (I80) to the east, adjoining the Forster Foreshore are both areas of local heritage significance. The Tuncurry Conservation Area (C7) also adjoins.
The LEP defines that the objectives for coastal risk planning are:
• to avoid significant adverse impacts from coastal hazards
• to ensure uses of land identified as coastal risk are compatible with the risks presented by coastal hazards.
• to enable the evacuation of land identified as coastal risk in an emergency.
The LEP shows that the Coastal Risk Planning area is mapped at Forster Foreshore, on a broad contiguous area which includes the Main Beach plus a significant area westward bounded by the eastern slopes of Pilot Hill including the vegetated rehabilitation area, the main sections of the breakwater, the Surf Club buildings and car park, and the promenade (Figure 16).
Development consent must not be granted to development on land identified as an area of coastal risk unless the consent authority has considered whether the development maintains the objectives of coastal risk planning.19
19 Note: Council’s Coastal Management Plan, a response to the Great Lakes Coastal Zone Management Plan 2016, will be completed during 2025.
The Forster Foreshore has the following operating approvals issued under the LG Act:
• a lease to Red Gum House Limited20 for temporary holiday accommodation including for seriously ill children and their families with a term of 10 years (with 10 year option) expiring 10 April 2027
• a lease to Forster Marine Rescue for Marine Rescue with a term of 5 years expiring 28 February 2026
• a lease to Beach Bums Café for Kiosk with a term of 5 years on holding over
• a licence to Forster Town Markets for Monthly Market with a term of 3 years expiring 30 September 2026
• 22 permits to Forster Boat Harbour Moorings for Mooring of Vessel with a term of 2 years expiring 30 June 2025
• licences for temporary commercial use (Surf School / Fitness Class) with terms of 3 to 12 months
• a crown short term licence to Forster Surf Life Saving Club currently in place will be renewed commencing 1 September 2024
• a lease to Forster Surf Life Saving Club for Surf Life Saving with a term of 20 years is currently being progressed.
20 Red Gum House Limited is registered as a charity. Ronald McDonald Family Retreat Forster is one of Red Gum House’s business names
The present coastline topography has formed since the end of the last Ice Age and mainly over the last 6,500 years. Sea levels rose from 120m below present, to 1 – 2m above present around 6,500 years ago. Between 6,500 and 3,000 years ago, sea levels fell to around their present level and have remained fairly stable ever since Pleistocene21 and Holocene22 barriers were created by aeolian23 sand deposits along the coastline to create the morphology of the coastal zone.24 Strong littoral sand drifts from south to north remains a major factor in creating the shape of the sandy beaches as they are seen today on the coastline north and south of Forster.
On the Forster Foreshore, the low-lying estuarine landforms to the south of Breckenridge Channel and including the locations of John Holland Park and Town Park, are a mix of clastic sediments and sands deposited over time by moving waters and wind during the Holocene epoch.25 Soils consist of sands of relatively minimal profile development with depth (texture changes, PH and nutritional values etc) and are described as Podosols. Although they are naturally free-draining, high water tables in these topographies mean that they may be seasonally waterlogged and would exhibit the characteristics of acid sulfate soil material, as discussed in 4.6. In this topography, it is difficult to find any soils in their natural condition across most of that area due to historical mechanical alteration in land levels and filling, which has focused on those lower terrains.
The visibly significant escarpment now referred to as Pilot Hill is an eroded residual remnant of Carboniferous26 sandstones and siltstones, significantly pre-dating the coastal forming processes and geologies described above. The soils on Pilot Hill tend to be naturally shallow and stony because of slope, assisted by a century of traffic and erosion. Where they do maintain any depth, the soils here would normally occur as shallow texture contrast Brown Chromosols 27 These soils occur as fine sandy loams to silty clay loam topsoil, abruptly overlying light to medium clay materials, infertile with an acid soil reaction trend. Aeolian deposits of surface sand also create a veneer on Pilot Hill.
Soils along Forster Main Beach and its hind dune to the north are uniform sands or Rudosols meaning profile development (if any), is rudimentary, and in the main, non-existent. These soils are continually moved and replenished by water and wind.
21 1.6 million years ago, to Holocene
22 10,000 years BP to present
23 Wind deposited
24 Great Lakes Coastal Hazard Study 3001829 Revision No. 2 SMEC
25 https://www.regional.nsw.gov.au/.../products-and-data/maps/geological-maps
26 300-360 million years BP
27 Australian Soil Classification System, Isbell R.
There has been significant modification of the landforms of the Forster Foreshore since European settlement. And over time, the forces of nature (wind and water) have exacerbated some of these changes to produce this somewhat unique and altered landscape we now see across the Forster Foreshore.
Early survey plans show that a large swamp land existed centre of the south-western footslope of Pilot Hill, across the current camping ground and Town Park to the commencement of Head Street and beyond. It was referred to as “deep swamp” (see Figure 3) which today, has been levelled and filled to create more usable land.
17 – 3rd Edition of the Map of the Town of Forster -
By 1907, the breakwater had been completed for six years and sand accretion has commenced to enhance the width of the northern section of Main Beach towards the southern wall. The route of the tramway planned to transport the breakwater rock to its site, is depicted on this plan.
The construction of the entrance breakwater located at the northern end of Main Beach, has been a significant change-agent in producing the landforms we now see on the Forster Foreshore. Not only has the breakwater (intentionally) permanently established the Wallis Lake entrance, it has also allowed the northern section of Main Beach to accrete to a significant distance to the east by trapping the north bound littoral sand drift. Low dunes behind that section of the beach have also been enhanced in this process. Figures 17 and 18 show a progression in this accretion over time.
The breakwater and the various training walls upstream have also enclosed a significant area east of the earliest boat harbour and referred to in earlier surveys as “Swimming Pool” (see Figure 18) This area is now largely filled and utilised for key infrastructure - car parks, walk-ways, the boat harbour, the Marine Rescue Centre, access roads, and more. Today, the residual of this water body can be seen immediately east of the current Marine Rescue Centre.
The vertical seawall along the main sections of Main Beach has an important ongoing role in protecting the built infrastructure to its west (road, car park, buildings etc) from the energies of sea and wind.
Early survey plans refer to various native vegetation across the Forster Foreshore area as: “very low dense scrub”; Myrtle and Ti-tree” on an elevated sandy rise between the estuary and the base of the escarpment; and “Beach Scrub”. However, with some exceptions, the original vegetation has been removed or modified by landscape alterations during development.
It is likely that pockets of littoral rainforest once existed in the more protected sections and leeward slopes below the edges of the escarpment (Pilot Hill). On the more elevated and exposed slopes of the escarpment, and as now occurs on similar (undeveloped) headland landscapes of coastal NSW, a tight mat of stunted groundcover dominated by Themeda species (e.g. T. triandra - Kangaroo Grasses) is likely to have flourished. It is likely that the lower slopes and flats of the Forster Foreshore would have supported dry sclerophyll forest grading to swamp forests on low-lying areas.
Of significance is the rehabilitation of the berm dunes and hind dune south of the breakwater, which has utilised a range of native shrubs and grasses including coastal acacias and spinifex. This work has been a combined effort between Council, community based Dunecare and service clubs and has achieved significant stabilisation and beautification of this area. A well-established group of mature Norfolk Island pine trees occupying the elevated terrain is seen from all directions, adding to the historical character and visual amenity of the Forster Foreshore (Figure 19). Some elements or pockets of littoral rainforest occur below Pilot Hill. Littoral rainforest is listed as an endangered ecological community in NSW and Australian threatened species legislation. Improving and extending areas of littoral rainforest at Pilot Hill will be positive and beneficial.
Figure 19 – Forster Foreshore Revegetation
Dunecare vegetation plantings using native species have stabilised the sandy dunes along the northern section of Main Beach and the footslopes of the Pilot Hill escarpment. Note the fine vista created by the planted now mature Norfolk Island Pines on Pilot Hill, visible from distance in most directions.
Forster is typical of most NSW coastal towns in that for most of the year it remains relatively quiet and bulges with visitors during holiday periods. The people who reside in Forster enjoy the social and natural values the area has to offer. These values create a lifestyle which reflects a diverse range of activities - fishing, beaches, rivers and lakes, surfing, swimming and history. The natural values of the nearby lake systems, the national parks, camping opportunities, and vistas, are well known and appreciated by residents within a growing and vibrant community, and increasingly so by visitors.
Users of the Forster Foreshore regularly travel from within the Mid Coast region and often well beyond, to enjoy these natural values. However, the spatial spread which incorporates Forster and Tuncurry townships plus many smaller settlements nearby,28 defined by the common postcode (2428),29 may provide a reasonable demographic sample from which to draw some relevant trends from the latest available (2016) census data,30 and which impact on current and future occupations, commercial activities, and general use of the Forster Foreshore:
The post code area has a total population of 24,009 residents with:
• 5.1% Aboriginal and Torres Strait Islander people (NSW 2.9%)
• 9.3%31 born overseas (NSW 27.6%)
• Age group 0-14 years – 13.6% (NSW 18.8%)
• Age group 15-29 years – 11.3% (NSW 20.3%)
• Age group 30-44 years – 12.8% (NSW 20.8%)
• Age group 45-59 years – 18.5% (NSW 19.1%)
• Age group 60-74 years – 27.2% (NSW 14.3%)
• Age group 75+ years – 17.3% (NSW 6.9%)
• Median Age 56 (NSW 37.6)
Population growth for the MidCoast Local Government Area is forecast to grow 1.2% per annum over the next fifteen years (to 2036) 32 This growth is expected to be more rapid in or near the region’s coastal towns and villages. Most population growth is likely to continue to occur in people over 60 years old, and those seeking “sea change” or “tree change” from the Sydney Basin or Central Coast, making the MidCoast population one of the oldest in NSW 33
For the Forster – Tuncurry area, the proportion of the population within the age group greater than 60 years is twice the state average and strongly reflects the trend for a proportionally large aging population. Key to the future management of all community land, including the
28 Includes Blueys Beach, Smiths Lake, Boomerang Beach, Booti Booti, Charlotte Bay, Coomba Park and more.
29 Refers to the land area bound by the coastline in the east; the Wallinghat River in the south-west; the Wallamba River in the north-west; and the Coolongolook River in the west.
30 2016 Census QuickStats: 2428, NSW (abs.gov.au)
31 Whole of MidCoast Council area.
32 www.midcoast.nsw.gov.au/Community/Community-Statistics
33 Local Strategic Planning Statement: Mid Coast Council (September 2020)
Forster Foreshore, will be the requirement to consider the new and emerging social and recreational needs of an ageing population.
It is also noted that 18.9% of people in the Forster – Tuncurry area complete voluntary work through an organisation or a group. This trend augers well for the future of volunteer organisations in the community such as those who utilise and support the Surf Club at Main Beach, and the Marine Rescue Centre at the breakwater.
Dominating the annual visitations to the Forster Foreshore, the Forster Main Beach precinct is in the centre of the town. There are few coastal towns in NSW that can boast such a highquality beach within close proximity of the Central Business District. The beach offers calm swimming conditions on most days making it a family favourite, and it’s extremely busy in the warmer months (see Figure 20). Residential and commercial development in the immediate vicinity has occurred in response to the values on offer at Main Beach. Activities also include surfing, walking, and simply enjoying the vistas and atmosphere that the seasons provide.
The Boat Harbour and Marina precinct near the Forster Foreshore estuary, provides a major hub for recreational boating and associated water-based activities (fishing, skiing etc.) via the established boat harbour including the marina. There are public boating pontoons and jetties together with a three-car boat ramp giving access to the magnificent Wallis Lake and the Pacific Ocean. The state-of-the-art fish cleaning facility, the established walkways, parking area and playground, complement this as an ultimate place to enjoy the waterways.
John Holland Park offers quite passive recreation relaxation, shade and general aesthetics.
Town Park provides opportunities for passive recreation, child’s play and community markets.
The Forster Surf Life Saving Club (Figure 21 LHS) provides beach patrols throughout the weekends and public holidays during the summer months. The front-line is a network of senior patrols consisting of qualified volunteer members. Training and proficiency standards accord to those set by NSW Surf Life Saving. Nippers for children is also a strong activity on the beach, with the future of life saving in mind.
The club and clubhouse create a great social environment for volunteers and visitors and with co-located commercial activities, is an important part of the beach fabric and holiday mode for which Main Beach is renowned.
Another volunteer organisation of local significance is the Marine Rescue Centre. Located near the breakwater the Centre (Figure 21 RHS) is manned 24 hours a day, 7 days a week, and maintains two boats to assist with rescue operations at sea as well as in the lake. Operating protocols accord to standards set by the NSW Rescue Board and the NSW Water Police. A Bar Cam allows access to live visual images of the breakwater, river entrance and bar, and the northern section of Main Beach. To encourage interest in water safety, the centre offers boat and personal watercraft licencing courses, and also hosts the Tuncurry Markets every fourth Saturday.
The Ronald McDonald Family Retreat precinct (Figure 22) is a cluster of buildings near John Holland Park which provides four deluxe two-bedroom cabins - a perfect retreat for families to relax, reconnect, recharge and spend precious time together. The Retreat is operated by volunteers as a non-profit entity and is free of charge to those eligible families. A ten-year occupancy lease is managed by Council.
The Coastal Rehabilitation precinct is supported by a busy community and supportive Council in the replanting of native species providing stability to that landform component against the forces of water and wind (see Figure 23). In doing so, it also provides habitat for many native animal species and improved aesthetics.
The Parks precinct also provides a venue for the exhibition and sales of products, many locally grown and produced, at the local market at Town Park (Figure 24). Town and community markets are a popular activity in most towns and communities these days and add greatly to community vibrancy through cultural and social dimension which characterise place, as well as providing commercial opportunity. In the past, John Holland Park has also hosted annual carnivals coinciding with times of high usage such as the Christmas holidays.
Situated next to the former Surf Club infrastructure, the Beach Bums café with its sunny position and great outlook (Figure 25) is a popular venue for coffee and eats. Council administers the tenure.
Council currently administers 22 mooring tenures at the Boat Harbour and Marina precinct. The Surf Club occupies its footprint and clubhouse also under a tenure with Council which describes a shared costing arrangement for building maintenance and renewal.
The Pilot Hill precinct offers both open space for refreshing vistas and walks in a relatively peaceful section of the Forster Foreshore, as well as an opportunity to imagine and absorb the historical significance of the Pilot Station. Although few remnants of the Pilot Station’s infrastructure remain today, a flagpole memorial and historical plaque (Figure 26) provide good testimony to the historical significance of this precinct, and valuable awareness that visitors enjoy.
Parking and traffic are considerable issues for Council and the Forster Foreshore and adjoining areas, most particularly in the holiday periods of the warmer months. A significant car park is positioned to the south of the Surf Club to alleviate this issue (see Figure 28), complementing a car parking area immediately south of the promenade on North Street between the Surf Club buildings and the ocean baths to the east.34
Within the Forster Foreshore planning area, additional car parking exists at John Holland Park, and along the estuary towards the boat ramp and the Marine Rescue base, where longer parking bays permit short-term boat trailer storage.
34 The ocean baths also known locally as The Bull Ring, is outside the planning area for the Forster Foreshore POM.
Precincts described in Section 1.3 and Figure 6 provide a locational and functional grouping to discuss the Forster Foreshore’s assets.
Table 1 provides a listing of the main assets, each with an indicative condition rating (1-5) which guides maintenance requirements.35
The following figures (27-38) depict the range of assets present at Forster Foreshore:
31 – Assets - Boat Harbour and Marina Precinct 3
Clockwise top LHS: Plaque signifying 2009 upgrades; Covered Fish Cleaning Table; Rescue services Jetty L shaped; Outer Wall and entrance to harbour.
32 – Assets - Breakwater and Marine Rescue 1
Clockwise top LHS: Dolphin Drive circuit leading to Marine Rescue Centre; Car/Trailer parking; Unsealed parking area; Fitness equipment exercise station.
Asset condition recorded (Council’s Assets Register) and observed during the drafting of this POM (Table 1) cast ongoing management and maintenance requirements for the assets at the Forster Foreshore. The majority of the assets appear in good (or better) condition. However, assets assessed to be within the range fair to poor condition, require as a minimum, significant maintenance to maintain serviceability, or renewal to restore functionality.
The assets of the Forster Boat Harbour and Marina precinct requiring some significant maintenance requirements include the BBQ/Playground at the base of Pilot Hill; as well as some boat safety signage.
At the Breakwater Marine Rescue precinct, the rock monument and two picnic shelters require attention. The gravel/earthen car park servicing the centre functions poorly and requires attention.
At Pilot Hill, the timber staircase leading from the boat harbour area on the western side is in poor condition, as are a number of seats (4), a picnic setting and a fotopol. The access track from Main Beach has limited function in its current condition.
The track between the Breakwater and Main Beach via the Bushland rehabilitation area requires maintenance.
Signage, a floodlight and a picnic shelter at Town Park also require significant maintenance, and John Holland Park precinct (which incorporates assets at and in the adjoining estuary) also has a floodlight, seats, bollard, and signs (2) that need attention. Four catwalks leading to moorings in the estuary need work as do three outside jetties.
Current maintenance requirements at Main Beach including longer term considerations for the kiosk and amenities block will be addressed as key components of the Main Beach Master Plan (discussed in Part B).
During the development of this POM, the principal user organisations and wider community were informed of its intent and were invited to respond to a series of questions aimed at procuring their future requirements for the Forster Foreshore.
37
The survey/consultation process posed a series of specific questions, generally following the precinct nomenclature. Additionally, general overall questions relating to the Forster Foreshore were posed.
These questions were along the following lines:
• Use and functionality of specific facility as per precinct
• The operational functionality of the whole of the Forster Foreshore
37 The survey was undertaken using the online platform Survey Monkey (www.surveymonkey.com). This tool allows for an automated response from users which enables statistical analysis. Note that Landsas generally uses face to face consultation with invited participants as a basis for harnessing feedback and ideas, prior to drafting a POM. However, concerns and rules for the Covid pandemic which existed at the time of compilation, did not permit a workable approach to direct consultation.
• Key issues to be addressed and suggested immediate improvements
• Support for Council’s Main Beach Masterplan38
• Ongoing management and improvements, post implementation of Main Beach Masterplan
• Ease of use of the Forster Foreshore.
All responses and suggestions received, have been considered within this POM.
Main Beach and Coastal Rehabilitation Precincts
The Main Beach facilities were rated (out of 5) by users as follows:
Support for the implementation of the Forster Main Beach Masterplan was between 71% and 100% averaging 87.5% indicating there is very strong support of the plan’s implementation. Suggested improvements beyond the Masterplan include:
• More natural environment along the beach promenade
• Parking, shade, improved speed signage in water ways.
• Ease of access to the beach for wheelchairs and others with limited mobility.
• Inclusive play equipment in newly proposed play area.
• Shelter from the wind and sun for families.
• Outdoor showers and seating are desirable.
• A trafficable ramp and steps without overburdening the area with concrete
• Management of the rehabilitation/dunal area to allow view from the Surf Club promenade towards crocodile rock (rock platform in middle of Main Beach towards the breakwater)
• Rehabilitation area needs walking tracks and weed control.
The facilities at the Boat Harbour and Marina Precinct were rated (out of 5) by users as follows:
Requested facilities and upgrades included:
• An extension of the marina towards the timber jetty, to cater for more boats and visitors for short term stays.
• Install appropriate signage and monitor the wake zone.
• Wider access ramp along the paved step area in front of the marina and pathways
• Toilets and showers for marina etc users.
• Walkway beside boat harbour requires new paving - trip hazards
Precinct
The facilities at the Breakwater and Marine Rescue Precinct were rated (out of 5) by users as follows:
Requested facilities and upgrades included:
• Public carpark adjacent to the Marine Rescue building is not surfaced and washes out with rain events, potholes form etc.
• Car parking area requires a blacktop surfacing.
• Fish cleaning area attracts sharks and pelicans – suggest moving it away from the designated swimming area.
• Signage of the maps of the region require upgrading.
• Set aside an area in the Marine Rescue area for a Forster Harbour Emergency Facility which would contain rescue equipment for Surf Life Saving Lower North Coast Branch as well as Marine Rescue, Maritime Services and Water Police.
• A storage shed is required for the Marine Rescue Centre, suggested as a 5-bay to house unit vehicle, boat trailer, and BBQ, to be located behind the south-eastern side of the building.
• Presentation, seating, amenities.
The facilities at Pilot Hill were rated (out of 5) by users as follows:
Requested facilities and upgrades included:
• Improved access pathways (from both ends) to allow all visitors to reach the viewpoint as the terrain is difficult to negotiate for some users.
• Steps on Breakwater side need attention
• Improvement of scenic views with appropriate pruning of some bushes on the beach side.
• Wooden bridge path near the Surf Club will be replaced and better access provided closer to the Reflections Holiday Park site
• A cafe at the top of Pilot Hill.
• Improved signage for community awareness
• Upgrade of the rotting seating and broken fotopol (or removal of broken fotopol).
• Improve seating and viewing areas
The facilities at Town Park were rated (out of 5) by users as follows:
Requested facilities and upgrades included:
• Play area, could be improved and have more inclusive play equipment
• Presentation, Parking, Seating and Facilities.
• Access and traffic flow is an issue
The facilities at John Holland Park were rated (out of 5) by users as follows:
Requested facilities and upgrades included:
• Upgrade of bathroom facilities to be more inclusive and in line with other recent upgrades in the Forster area
• Upgrade of current picnic tables and more seating required to cater for regular access
• Extension of the Ronald McDonald Family Retreat to the east.
• Continue regeneration of planting.
The key indicators for the use of the NTRSC were rated (out of 5) by users as follows:
Improvements proposed included:
• Wayfinding signage is in poor condition and needs to be maintained/replaced.
• Neatness, Presentation, Seating and Facilities is paramount.
• That open spaces for community use are maintained or expanded, and limit further what can be developed for residential or commercial use beyond that stated within the plan (Main Beach Masterplan).
• Maintenance like the fencing along Main beach walkway requires serious attention.
• Forster wooden jetty at marina needs urgent upgrade and maintenance.
• Engagement with the Surf Club as the provider of lifesaving service for knowledge and history of the beach environment.
A series of planning statements developed by Council have particular relevance to the management of its community lands, such as those which occur in the Forster Foreshore. Council’s vision for the management of the MidCoast Local Government Area is:
“We
deliver benefits for our community in a way that adds value and builds trust”
The statement reflects Council’s commitment to provide the appropriate level of services to the community, with a strong implication that this will occur through the sound management of all assets for which Council has responsibility.
Council’s Community Strategic Plan (CSP),42 its first community strategic plan, developed from an extensive consultation process following the formation of the Council (May 2016), outlines how working with the community will make this a reality. The community vision developed in this process is:
“...
to be recognised as a place of unique environmental and cultural significance. Our strong community connection, coupled with our innovative development and growing economy, builds the quality of life we value”
The CSP includes five key values, for which a range of strategies are also provided:
• unique, diverse and culturally rich communities
• a connected community
• the environment
• a thriving and growing economy
• strong leadership and shared vision.
Additionally, Council’s Local Strategic Planning Statement (LSPS)43 sets out a future vision for land use planning across the MidCoast that are based on key values in the CSP. The LSPS highlights a need to:
• enhance liveability – people love where they live, feel safe and have a passion for retaining and enhancing local character, whilst seeking better access to services and facilities.
• protect the natural environment – protecting our natural environment is important as it has strong links to liveability, tourism and economic growth.
42 MidCoast 2030: Shared Vision, Shared Responsibility 2018-2030: MidCoast Council (April 2018)
43 Local Strategic Planning Statement: MidCoast Council (September 2020)
• increase economic opportunities – supporting local businesses and job creation are a high priority with the community.
• empower the community to shape its future – the community seeks improved information and involvement in decision making and long-term planning.
Further, Council’s Regional Economic Development Strategy (REDS)44 guides the development of the economic priorities, identifying three regional strengths which are built upon in the LSPS:
• land and water assets
• infrastructure and location
• lifestyle and amenity
The vision of the REDS is that the MidCoast Local Government Area will:
“... have sustainable economic growth, founded on the Region’s natural assets, amenity and location, while offering a healthy lifestyle and community connection”
In summary, the main theme which recurs with some emphasis within Council’s various planning statements is that a significant proportion of the delivery of key services to the community, will arise from the strategic development and management of community lands, such as those which occur at the Forster Foreshore. The blended provision of appropriate facilities, services, amenities, and areas for passive recreation, through a well-considered interface between the community and the water, will provide critical health, economic opportunity and lifestyle fulfilment for the people of the Forster-Tuncurry area and beyond.
The vision statement for the management of Forster Foreshore is therefore proposed as:
“Providing an iconic coastal destination in the MidCoast for people of all ages and abilities”
44 MidCoast Regional Economic Development Strategy 2018-2022 MidCoast Council.
The Forster Foreshore is classified as Community Land under the LG Act as amended by the Local Government Amendment (Community Land Management) Act 1998
Under Section 36(4), all Community Land must be categorised as one of the following categories:
• Natural Area - (further categorised as either Bushland, Wetland, Escarpment, Foreshore, Watercourse)
• Sportsground
• Park
• Area of Cultural Significance; or
• General Community Use.
The Core Objectives for all community land categories vary according to the categorisation of the land. All objectives are defined in Sections 36E to 36N of the LG Act and also appear in Appendix 1, of this POM.
In accordance with the guidelines set out in the Local Government (General) Regulation 2021 and Practice Note 1: Public Land Management (Department of Local Government Amended 2000) and the derived management directions and planning principles presented above, the lands of the Forster Foreshore should be categorised (see Figure 41) as:
• General Community Use
• Park
• Natural Area - Foreshore
The Core Objectives for management of community land categorised as General Community Use45 are to promote, encourage and provide for the use of the land, and to provide facilities on the land, to meet the current and future needs of the local community and of the wider public:
• in relation to public recreation and the physical, cultural, social and intellectual welfare or development of individual members of the public, and
• in relation to purposes for which a lease, licence or other estate may be granted in respect of the land (other than the provision of public utilities and works associated with or ancillary to public utilities).
Description and Location
The areas categorised as General Community Use include the majority boat harbour/marina precinct and the various wharf structures on the harbour side near John Holland Park. It also includes the adjoining land-based infrastructure such as the formed and sealed pathways, access roads and carparks along the estuarine foreshore, the Marine Rescue Centre and its carparks and the breakwater and all rock structures.
General Community Use land also includes the Surf Club and associated amenities and commercial business, the associated car park behind the Surf Club, and the area occupied by the Ronald McDonald Family Retreat.
The provision of facilities to meet the current and future needs of the community who enjoy the interface between water and land for their recreation, health and relaxation, as well as the key provision of water-based safety services, will be the key management objective for the land on Forster Foreshore categorised as General Community Use. Provision of adequate open space and facilities to be enjoyed by a growing community and increased visitations, will be a priority. There are some major and essential infrastructure changes designated for the Surf Club46 and Main Beach precinct which will meet the needs of a growing community into the future.
Where present, environmental values will require management in accordance with policy and legislation. No works are to occur without obtaining the required approvals under relevant biodiversity and environmental legislation. This may require appropriate creation of environmental impact offsets.47
The core objectives for management of community land categorised as a Park48 are:
• to encourage, promote and facilitate recreational, cultural, social and educational pastimes and activities, and
• to provide for passive recreational activities or pastimes and for the casual playing of games, and
• to improve the land in such a way as to promote and facilitate its use to achieve the other core objectives for its management.
The lands categorised as Park cover non-contiguous areas being:
• part of the Pilot Hill precinct, to the top of the escarpment and the nearby playground to the west
• Town Park including its adjoining car park
• The John Holland Park precinct excluding the Ronald McDonald Family Retreat
46 The old Surf Club building was demolished during the compilation of this POM and a new building is nearing completion.
47 This is likely to require targeted investigations of the presence of threatened flora and fauna species and the proper assessments and consideration of relevant statutory instruments
48 S 36G of the LGA – NSW Legislation.
The management priority is to maintain and promote the use of the areas categorised as Park for the recreational and social needs of a growing community. This includes the showcasing of the historical significance of Pilot Hill as well as the meeting places, and the cultural and commercial interchange which arise from periodical local markets and other events which occur in the various parks.
Where present, environmental values will require management in accordance with policy and legislation.
The core objectives for management of community land categorised as a Natural Area49 are to:
• conserve biodiversity and maintain ecosystem function in respect of the land, or the feature or habitat in respect of which the land is categorised as a natural area, and
• maintain the land, or that feature or habitat, in its natural state and setting, and
• provide for the restoration and regeneration of the land, and
• provide for community use of and access to the land in such a manner as will minimise and mitigate any disturbance caused by human intrusion, and
• assist in and facilitate the implementation of any provisions restricting the use and management of the land that are set out in a recovery plan or threat abatement plan prepared under the relevant state legislation.
The Core Objectives for management of community land categorised as Foreshore50 are:
• to maintain the foreshore as a transition area between the aquatic and the terrestrial environment, and to protect and enhance all functions associated with the foreshore’s role as a transition area, and
• to facilitate the ecologically sustainable use of the foreshore, and to mitigate impact on the foreshore by community use.
The area categorised as Foreshore includes the Coastal Rehabilitation Area precinct and parts of the Main Beach and Pilot Hill precincts.
The prime objective for the management of land categorised as Foreshore concentrates on the maintenance of the area as a stable interface between the aquatic and terrestrial environment. Stability of this transition zone both on the natural elements of the land (beaches and dunes and other landform elements) as well as built infrastructure on adjoining land categories (sea walls, buildings, the promenade, various beach accesses, car parks
S
50 S 36N of the LGA – NSW Legislation.
etc), will be particularly important into the future in order to respond to the predicted increasing pressures associated with climate change (modelled increased sea surge and sea levels).
Where present, environmental values will require management in accordance with policy and legislation. No works are to occur without obtaining the required approvals under all applying biodiversity and environmental legislation which may require appropriate creation of environmental impact offsets.51
51 This is likely to require targeted investigations of the presence of threatened flora and fauna species and the proper assessments and consideration of relevant statutory instruments
Council reserves the right to control the use of community land including the Forster Foreshore.
Council intends to:
• Create opportunities for community consultation and participation in the planning and development, as required.
• Consider and attempt to balance the need for community recreation facilities with the impact that development of such sites will have on local residents.
• Provide an efficient method and process for approval of all agreed improvements and developments which meet the needs of a growing community.
• Consider access to recreational facilities for all users.
• Ensure all formal use of the Forster Foreshore is authorised through appropriate documentation.
• Allow casual informal use consistent with Council’s policies and procedures.
• Consider how use of the site can provide funding for the maintenance of facilities for the Forster Foreshore
• Recognise that the ongoing viability of the Forster Foreshore is dependent on the ongoing viability of the Forster Foreshore users.
• Facilitate a system whereby enquiries and complaints from the public can be efficiently and promptly dealt with.52
Council will issue leases and licences as described in Section 11.3
Restrictions of use and development of certain parts of the Forster Foreshore are described in Section 3.2 under the subheading “Native Title”
Council manages the Forster Foreshore directly
52 Complaints in relation to the Forster Foreshore will be addressed consistent with Council’s established complaints management process (see Report and Request: www.midcoast.nsw.gov.au)
Access by the public will be permitted and encouraged at the Forster Foreshore, subject to signage and usage protocols established by Council.
Permissible Uses
Table 2 lists the permissible uses of the land to which this POM applies, subject to Council assessment, approvals and booking/hire systems, together with their scale and intensity and the land category the permissible use relates to.
Table 1 - Permissible Uses
Use
Access roads
Amenities
Alternate energy technology
Art and cultural classes and events
Limited to the physical constraints of the facility and/or to the requirements of the activity 24 hours a day, 7 days a week
Limited to the physical constraints of the facility and/or to the requirements of the activity
Limited to the physical constraints of the facility
Limited to the physical constraints of the facility and/or to the requirements of the activity
24 hours a day, 7 days a week
24 hours a day, 7 days a week
24 hours a day, 7 days a week subject to any Hire Agreement, Tenure and/or Development Application conditions for a specific event
Biodiversity enhancement activities
Boating Activities (mooring, launching, cleaning etc.)
Business Operations
Café, Canteen or Kiosk
Limited to the physical constraints of the facility
Limited to the physical constraints of the facility
hours a day, 7 days a week
24 hours a day, 7 days a week subject to Tenure, Hire Agreement and signage
Limited to the physical constraints of the facility 24 hours a day, 7 days a week subject to Tenure or Hire Agreement
Limited to the physical constraints of the facility
Car parking
Operating hours of the establishment subject to Tenure or hire agreement
Limited to the physical constraints of the facility and/or to the requirements of the activity 24 hours a day, 7 days a week
Park
Playing of games
Children’s programs and events
Community events (fundraising/charity events, special events)
Community Services
Limited to the physical constraints of the facility
Limited to the physical constraints of the facility and/or to the requirements of the activity
8am – 10pm, 7 days a week subject to Tenure or Hire Agreement
8am – 10pm, 7 days a week subject to Tenure or Hire Agreement
Limited to the hours the facility is booked Agreement via tenure or hire agreement 7 days a week, 8am –10pm
Limited to the physical constraints of the facility 24 hours a day, 7 days a week subject to any Hire Agreement, Tenure
Drainage and irrigation
Education Services
Emergency use
Emergency Service and Community Service use
Filming and photography (commercial, amateur)
Fitness and wellbeing programs
Gala days and club meetings
Holiday Accommodation
Limited to the physical constraints of the facility 24 hours a day, 7 days a week
Limited to the physical constraints of the facility
24 hours a day, 7 days a week subject to Tenure or Hire Agreement
Limited to the physical constraints of the facility and/or to the requirements of the activity 24 hours a day, 7 days a week
Limited to the physical constraints of the facility and/or to the requirements of the activity
hours a day, 7 days a week subject to Tenure
Limited to the physical constraints of the facility and/or to the requirements of the activity 24 hours a day, 7 days a week subject to Tenure
Limited to the physical constraints of the facility and/or to the requirements of the activity 24 hours a day, 7 days a week
Limited to the physical constraints of the facility
Limited to the physical constraints of the facility
Landscaping Limited to the physical constraints of the facility
Operating hours subject to Tenure or Hire Agreement
hours a day, 7 days a week subject to Tenure
hours a day, 7 days a week
Landcare / Dunecare activities
Licensed bar, bistro and café
Maintenance buildings and infrastructure
Markets, Fairs and Auctions
Marquees, tents, stages and jumping castles
Mobile food vendors
Limited to the physical constraints of the facility
Limited to the physical constraints of the facility
Limited to the physical constraints of the facility
Limited to the physical constraints of the facility
Limited to the physical constraints of the facility
Limited to the physical constraints of the facility
Organised playing of games
Limited to the physical constraints of the facility
Outdoor film screening
Passive recreation
Paths
Personal training
Limited to the physical constraints of the facility
Limited to the physical constraints of the facility and/or to the requirements of the activity
Limited to the physical constraints of the facility
Limited to the physical constraints of the facility
Playing of a musical instrument, or singing, for fee or reward
Private events (ie weddings, birthdays)
Limited to the physical constraints of the facility
Limited to the physical constraints of the facility and/or to the requirements of the activity
24 hours a day, 7 days a week
Operating hours subject to Tenure or Hire Agreement
GCU, Park
24 hours a day, 7 days a week GCU, Park
Operating hours subject to Tenure or Hire Agreement
Park
24 hours a day, 7 days a week subject to any Hire Agreement, Tenure GCU, Park
Operating hours subject to Tenure or Hire Agreement GCU, Park
8am – 10pm, 7 days a week subject to Tenure or Hire Agreement
Operating hours subject to Tenure or Hire Agreement
7 days a week, sunrise – 10pm
24 hours a day, 7 days a week
Operating hours subject to Tenure or Hire Agreement
Operating hours subject to Tenure or Hire Agreement
Park
Operating hours subject to Tenure or Hire Agreement GCU, Park
Public performance or education
Public utility infrastructure
Recycling (return & earn stations)
Limited to the physical constraints of the facility and/or to the requirements of the activity
Limited to the physical constraints of the facility
Limited to the physical constraints of the facility
Remediation works Subject to noise, workplace health and safety and relevant legislation
School sport and recreation
Shade structures
Limited to the physical constraints of the facility and/or to the requirements of the activity
Operating hours subject to Tenure or Hire Agreement
hours a day, 7 days a week
hours a day, 7 days a week
hours a day, 7 days a week
Monday – Friday 7am –4pm subject to Tenure or Hire Agreement
Limited to the physical constraints of the facility and/or to the requirements of the activity 24 hours a day, 7 days a week
Sponsorship signage (temporary) As per section 11.12
Storage facilities Limited to the physical constraints of the facility
Swimming and Water sports
Limited to the physical constraints of the facility and/or to the requirements of the activity
Telecommunication facilities Subject to relevant legislation
Temporary structures (ie marquees, tents, stages)
Youth programs and events
Limited to the physical constraints of the facility
Limited to the physical constraints of the facility and/or to the requirements of the activity
hours a day, 7 days a week
hours a day, 7 days a week subject to Tenure or Hire Agreement
hours a day, 7 days a week
hours a day, 7 days a week
Temporary structures (no pegs, weighted only)
8am – 10pm, 7 days a week subject to Tenure or Hire Agreement
It is an express provision of this POM that Council shall provide, from time to time and as circumstances may require, the construction and maintenance of utility services, provision and maintenance of floodways, vehicular access ways and the granting of easements
For this section, please see the Explanation of Terms53 set out below.
The Local Government Act 1993 provides that tenures (leases, licences, or any other estates) or easements may be granted over all or part of community land. Council may allow use of community land by a casual user for any permissible use (see Section 11.2). However, Council may require a form of authorisation for a permissible use to be undertaken.
The authorisation in a POM gives ‘in principle’ support for activities, uses and developments consistent with the objectives for land categorisation to proceed to development assessment under the Environmental Planning and Assessment Act 1979, if required
This POM does not in itself imply or grant consent for activities, uses or developments. Any proposed uses and developments which are consistent with this POM must still be referred for development consent and where required, be advertised widely for information and invitation to comment Any subsequent application for development consent would be supported by and assessed against this POM.
Tenures may be held by:
• community organisations and sporting clubs, or
• by private/commercial organisations and government agencies or
• individuals providing facilities and/or services for public use.
The maximum period for leases and licences on community land allowable under the LG Act is 30 years (with the consent of the Minister for a period over 21 years) for purposes consistent with the categorisation and core objectives of the particular area of community land.
Community land may only be leased or licensed for periods of more than 5 years if public notice is given according to the requirements of Sections 47 and 47A of the Local Government Act 1993
A lease will be generally required where exclusive use or control of all or part of community land is desirable for effective management. A lease may also be required when the scale of investment in facilities, necessity for security measures, or where the relationship between a holder and facilities on community land justifies such security of tenure.
53 Explanation of Terms
Tenure A lease, licence or other estate issued by Council in accordance with Section 46 of the Local Government Act 1993 or Section 2.20 of the Crown Land Management Act 2016.
Hire Agreement An estate issued by Council.
Holder The company, organisation, individual or group of individuals who have been issued with a Tenure. Hirer The company, organisation, individual or group of individuals who have been issued with a Hire Agreement.
Regular hirer A hirer who regularly uses the Forster Foreshore through a Hire Agreement or has an ongoing Hire Agreement.
Singular hirer A Hirer who has a Hire Agreement as a once off or irregularly.
Casual user A person or group of people using the Forster Foreshore for passive recreation, non-commercial purposes without a Tenure or Hire Agreement.
User The collective term for a holder, hirer and casual user.
Leases issued by Council will require:
• That subleases or any other supplementary tenures can only be issued by the Holders with the approval of Council, and consistent with Section 47C of the LG Act
• Maintenance of the facility will be the responsibility of the Lessees.
Licences allow multiple and non-exclusive use of an area. A licence may be required where intermittent or short-term use or control of all or part of the community land is proposed. A number of licences for different holders can apply to the same area at the same time, provided there is no conflict of interest.
An agreement for use of the land subject to this POM may be issued by Council for any purpose listed below, subject to the approval of Council A hire agreement may be issued to a regular hirer or a singular hirer for formal use. Any legal requirements as determined by Council will include the requirement for adequate public liability insurance cover.
In accordance with Section 46A of the LG Act, a Plan of Management for community land is to specify and authorise any purpose for which a lease, licence or other estate may be granted over community land during the life of a POM.
This POM authorises a tenure to be issued:
• for any permissible use in Table 2.
• for purposes consistent with the Forster Foreshore;
• categorisation (see Section 10.1), and
• zoning (see Section 4.1) under Section 46 of the LG Act, and
• reserve purpose of Public Recreation, Communication Facilities and/or access and public requirements, tourism purposes and environmental and heritage conservation as required under the CLM Act.
However, the CLM Act allows that Council may also issue short term licences (for a period of less than one year) consistent with Section 2.20 of the CLM Act. This section provides that licences may be issued, inconsistent with the reservation purpose, for prescribed purposes currently being:54
a. access through a reserve
b. advertising
c. camping using a tent, caravan or otherwise
d. catering
e. community, training or education
f. emergency occupation
g. entertainment
54 Crown Land Management Regulation Section 31.
h. environmental protection conservation or restoration or environmental studies
i. equestrian events
j. exhibitions
k. filming (as defined in the Local Government Act 1993)
l. functions
m. grazing
n. hiring of equipment
o. holiday accommodation
p. markets
q. meetings
r. military exercises
s. mooring of boats to wharves or other structures
t. sales
u. shows
v. site investigations
w. sporting and organised recreational activities
x. stabling of horses
y. storage
Council may grant a lease, licence or other estate in respect of Community Land for:
• A purpose prescribed by Sections 36E, 36G, 36I and 36N as a core objective of the categorisation of the land and subject to being consistent with the Forster Foreshore purpose; or
• For the provision of goods, services and facilities, and the carrying out of activities, appropriate to the current and future needs within the local community and of the wider public in relation to Public Recreation and Community Purposes.
This POM expressly authorises55 the following tenures:
a. A lease to Forster Surf Life Saving Club for the occupation of the surf club building and separate storage facilities
b. A lease / licence to occupy café / kiosk (currently Beach Bums) at Main Beach
c. A lease to proprietors of Ronald McDonald Holiday Retreat
d. Lease/licences to commercial occupiers – stalls, events etc.
e. A licence to operate the Marina within the Boat Harbour
f. A licence to Marine Rescue to occupy the Marine Rescue Centre on the breakwater, and separate storage facilities
g. Licences to the operators of the Farmers Markets at Town Park
h. Licences to cover all individual boat moorings on the harbour estuary (John Holland Park) and within the Boat Harbour
55 Express Authorisation in Section 46 (1)(b) of the LG Act permits tenures to be granted in accordance with and subject to such provisions of a Plan of Management.
A tenure or hire agreement on Crown land may impact native title rights and interests. Apart from the tenure/hire agreements authorised above56, which are valid acts under Section 24JA of the Native Title Act 1993, any use agreement issued on Crown land must be issued in accordance with the future act provisions of the Native Title Act 1993 and in accordance with Part 8 of the CLM Act unless native title is extinguished For Crown land which is not excluded land this will require written advice from one of Council’s native title managers that it complies with any applicable provisions of the native title legislation.
Council at any time in the future, reserves the right to prohibit the taking or consumption of alcohol on the Forster Foreshore. This will be indicated by conspicuously displayed signs in accordance with Section 632 and Section 670 of the LG Act (as amended)
Income produced from Crown land should be applied to Crown land for a permitted purpose in accordance with Section 3.16 of the CLM Act
An approval to occupy land or facilities for a specific purpose does not remove the need to obtain approval under other legislation. These approvals may include:
• a liquor licence
• engage in a trade or business
• direct or procure a theatrical, musical or other entertainment for the public
• construct a temporary enclosure for the purpose of entertainment
• play a musical instrument or sing for fee or reward
• set up, operate or use a loudspeaker or sound amplifying device
• deliver a public address or hold a religious service or public meeting with the use of a loudspeaker
• install or operate amusement devices
• operate a caravan park or camping ground
• use a standing vehicle or any article for the purpose of selling any article in a public place.
The Forster Foreshore will continue to be used by a variety of user groups and individuals for purposes previously noted. Council will endeavour to generate greater utilisation of the Forster Foreshore for community purpose and other activities consistent with the Forster Foreshore’s purpose, particularly as new and varying sports access the Forster Foreshore
56 This does not include Business Operations, Commercial Premises, Advertising (Business) or Storage (Business). The lease to the proprietors of Ronald Macdonald Holiday Retreat will require further investigation into the appropriate future act pathway under the Native Title Act 1993
Council applies fees for the use of Council reserves.
The fees associated with the hiring of Council reserves for major events, concerts, functions etc, are detailed in Council’s Fees and Charges Policy on Council’s website.57 Council’s fee structure is reviewed on an annual basis.
Where the Forster Foreshore is to be hired for a purpose not within Council’s Fees and Charges Policy, the fee will be set by Council.
Communication between Council, Holders, Hirers and Casual users is important to the success of this POM. Council will establish and maintain clear lines of communication with Tenure holders and across all Reserve users, especially relating to the operations of and responsibilities within (proposed) tenure operations.
This will include:
• regular meetings between Council, Tenure Holders and Regular Hirers, and
• the establishment of the clear understanding that the Forster Foreshore will be occupied on the basis of formal agreement.
Communication will also occur through the appropriate management structure of a Council Advisory Committee.
Council reserves the right to grant easements as required for utilities and access, bearing in mind the impact of such easements on the site
The granting of easements over Crown land will be subject to the provisions of the Native Title Act 1993 and Division 8.7 of the Crown Land Management Act 2016.
Under this POM, Council reserves the right to control the use of all land categorised at the Forster Foreshore as General Community Use, Park and Foreshore.
Council may also undertake development of works as shown in Section 11.10 and to facilitate the use and activities listed in Table 2, consistent with the requirements of the LG Act and the CLM Act.
Council approval is required prior to any development or improvement made to community land 58
57 See: 2021-2022 Fees and Charges, MidCoast Council.
58 Section 2.74 of the State Environmental Planning Policy (Transport and Infrastructure) 2021 provides that development for any purpose may be carried out without consent on Crown managed land, by or on behalf of a Crown land manager of the land if the development is for the purposes of implementing a plan of management adopted for the land in accordance with the Local Government Act 1993 (see Appendix 2)
All major developments and improvements to be funded (solely or partially) by Council will be subject to Council approval 59
To facilitate the establishment of the new and restored infrastructure, Council may issue tenders to design and establish additional car parks, access roads, land development and landscaping, and installation of associated and required facilities at the Forster Foreshore. Note that existing Council plans60 will guide many of the new developments on the Forster Foreshore, specifically at and near Main Beach.
Council will also:
• consider how use of the site can provide funding for the maintenance of the facilities at the Forster Foreshore to reduce costs to Council and employ human services as required
• issue leases and licences for appropriate activities at the Forster Foreshore, as described in Section 11.3 of this POM.
• create opportunities for community consultation and participation in the planning and development at the Forster Foreshore as required.
Where it is proposed to construct or establish a public work61 on reserved or dedicated Crown land, where native title is not extinguished, prior to approval Council will notify and give an opportunity for comment from any representative Aboriginal/Torres Strait Islander bodies, registered native title bodies corporate and registered native title claimants in relation to the land or waters covered by the reservation or lease as required under the Native Title Act 1993.
Where a proposed update of a Master Plan, Capital Works Program, Facilities Asset Management Plan or any other plan is the approving documentation for a public work on Crown land, that approval will not be given unless the requirements of the Native Title Act 1993 have been addressed including the notification and opportunity to comment noted above.
59 The term approval refers to approval as Crown land manager of the land rather than consent under the Environmental Planning and Assessment Act 1979.
60 Forster Main Beach Masterplan November 2018 (MidCoast Council).
61 A public work is defined as:
(a) any of the following that is constructed or established by or on behalf of the Crown, or a local government body or other statutory authority of the Crown, in any of its capacities:
(i) a building, or other structure (including a memorial), that is a fixture; or
(ii) a road, railway or bridge; or
(iia) where the expression is used in or for the purposes of Division 2 or 2A of Part 2 a stock-route; or (iii) a well, or bore, for obtaining water; or
(iv) any major earthworks; or
(b) a building that is constructed with the authority of the Crown, other than on a lease.
Major earthworks are defined as:
earthworks (other than in the course of mining) whose construction causes major disturbance to the land, or to the bed or subsoil under waters.
It is proposed to install new and improved facilities (see proposed works plans Figures 4244) including the following:62
• A new, fit-for-purpose Surf Life Saving Club building (two levels - with kiosk potential on the ground level), is nearing completion at the foot of Pilot Hill.
• Construct new accesses for vehicles from Oyster Parade to the (new) Surf Club and beach, especially for maintenance and Surf Club vehicles (1-3 years).
• Construct new pathway /promenade which creates a more direct link for walkers between the southern and northern ends of Main Beach (and thence separately to the Breakwater and Pilot Hill) (1-3 years).
• As a prelude to creation of improved public space within this precinct, in/around footprint of previous (demolished) Surf Club, improve amenity using constructed deck or astroturf, potted plants, chairs, tables, umbrellas etc. (1-3 years).
• Construct one wide ramp (3-4 m wide) to allow ready and practical access to beach especially for surf life-saving needs (1-3 years).
• Provide minor aesthetic improvements to the Surf Club carpark of 80 car spaces (potted planters, garden beds etc. (1-3 years).
• Upgrade/widen the existing promenade and improve masonry sea wall at Main Beach including improved access to the beach via various ramps, stairs and platforms (3-10 years).
• Create a new public space at Main Beach (The Oasis63 – the heart of the beach precinct) occupying approximately the former footprint areas of existing (demolished) Surf Club, kiosk and amenities - paved and landscaped, possible future market space (3-10 years).
62 Note that all proposed works and existing infrastructure (notably on land categorised as Natural Area – Foreshore and General Community Use), will require assessment under Council’s Coastal Management Plan, prior to implementation.
63 Concept as proposed within Forster Main Beach Masterplan November 2018 (MidCoast Council). Note: some elements of the Masterplan are outside the timeframe of this Plan of Management and will be revisited in a subsequent review.
• Construct new amenities/change room facility, and kiosk oriented towards The Oasis (The Pavilion64). Demolish old respective structures (3-10 years).
• Implement turf lawn and create more shade with appropriate plantings suitable for picnics, in and around the new structures (1-10 years). 64 Concept as proposed within Forster Main Beach
• Continue walking track segment from Surf Club to flagpole on Pilot Hill - suitable construction standard to permit disabled access (1-3 years).
• Construct walking track segment from flagpole to stairs (western slope) (1-3 years)
• Upgrade stairs (1-3 years)
• Upgrade seating (1-3 years).
John Holland Park Precinct
• Install additional seating at John Holland Park (1-3 years).
• Create carpark in the lot immediately east of Ronald Macdonald Family Retreat (3-10 years).
• Construct a new playground at John Holland Park (1-3 years) and remove existing playgrounds at Pilot Hill and Town Park with end of life.
Boat Harbour/Marina Precinct
• Extend marina jetty to attract new boating clientele (1-3 years).
Breakwater/Marine Rescue Precinct
• Seal parking area servicing the Marine Rescue facility (1-3 years)
• Construct additional emergency vehicle equipment storage near existing Marine Rescue Centre (1-3 years)
• Create public amenities facility and kiosk close to the Centre (1-3 years).
• Remove cyclone fencing to east of car park (1-3 years)
• Remove fencing around small enclosure and install large waste bins (1-3 years).
Coastal Rehabilitation Area Precinct
• Ensure walking track from Main Beach to Breakwater is sound for disabled access.
• Enhance Look Out ensuring accessible for the disabled.
Council approval is required prior to any development or improvement made to Community Land.
All major developments and improvements to be funded (solely or partially) by Council will be subject to Council approval.
Current maintenance requirements at Main Beach including longer term considerations for the kiosk and amenities block will be addressed as key components of the Main Beach Master Plan (discussed in Part B).
In accordance with the maintenance schedule of its asset management plans, building management plans and grounds management plans, and to measured targets within available resources, Council will ensure the facilities on the Forster Foreshore are maintained to an appropriate standard.
Council will:
• conduct essential repairs and maintenance to all facilities
• maintain the structures and open spaces on the Forster Foreshore.
• oversee lease maintenance responsibilities of tenure holders.
• monitor the condition of structures on the Forster Foreshore and ensure effective maintenance procedures are in place through tenure conditions.
• prepare a safety audit of the site and repair or replace any areas that may impact on public safety.
• ensure the efficient and conservative use of water, pesticides, herbicides and fertilisers across the Forster Foreshore where required.
• ensure regular collection of rubbish and elevate compliance activities against illegal dumping of rubbish.
• ensure council officers continue monitoring for issues of compliance and general site amenity
• ensure particular maintenance attention is directed to existing structures (1-3 years):
o wharf /pontoon assets at Forster Boat Harbour and Marina precinct, requiring some significant maintenance as well as some boat safety signage.
o at the Breakwater Marine Rescue precinct, the rock monument and two picnic shelters require attention.
o at Pilot Hill, a number of seats (4), a picnic setting and a fotopol need attention.
o signage, a floodlight and a picnic shelter at Town Park also require significant maintenance
o at John Holland Park precinct a floodlight, seats, bollard, and additional signs (2) need attention, as do four catwalks leading to moorings in the estuary and three outside jetties.
In many cases, replacement of assets by new works (covered in 11.10 - development of new and improved facilities) will negate many ongoing maintenance needs.
Council uses signs to regulate the activities carried out on community land and to provide educational information so as to provide a safe and enjoyable place for passive and active recreational pursuits.
Whilst signs are a crucial source of information, they also have a significant impact on the aesthetics of Forster Foreshore. All signs must:
• meet a design standard and be approved by Council.
• be sympathetic to their environment in their design, construction and location.
• be placed in accordance with State Environmental Planning Policy (Industry and Employment) 2021 (I&E SEPP) or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
• be consistent with the Great Lakes Development Control Plan.
Note that for issues of safety signage, Council uses the Statewide Mutual Best Practice Manual – Signs as Remote Supervision
Where a sign requires development consent,65 Council must approve as owner the lodging of a Development Application prior to assessment by Council in accordance with Schedule 5 Assessment Criteria of I&E SEPP.
Where a sign does not require development consent, Council must approve the sign before erection.
All Council signs erected under Section 632 of the Local Government Act, plus reserve name signs and traffic and safety signs, are permissible
65 Development consent is not required if the sign is to be erected for the purposes of implementing this PoM.
Council will ensure the following signage is on the Forster Foreshore:
• Directional signage for the purposes of guiding the community to required infrastructure and services.
• Signage for safety purposes including speed limitations and evacuation procedures.
Income may be sourced from the following:
• Council’s General Revenue Fund (in accordance with annual operational budgets): Where the Forster Foreshore is being used for informal casual use, Council will contribute to the maintenance and development of Infrastructure.
• Section 7.11 (Environmental Planning and Assessment Act 1979) contributions specifically collected for community land: This component occurs as developer’s contributions for the general use of community land for community well-being.
• User pays for minor infrastructure works associated with nominated facilities: This occurs through fund raising by the relevant body including entry fees and sales.
• Community contributions by way of sponsorships and community group projects (eg service clubs such as Rotary, Lions Club): This occurs through grants either sourced externally, and/or contributed locally by the group (e.g., for the purposes of environmental works, sporting facilities, shelters and seating, social and intellectual wellbeing etc. and other improvements).
• Grant and loan funding from either Commonwealth or State Governments: The implementation of the management structure will allow primary users to apply for funds from a number of government bodies with the concurrence of Council. Council may also apply for these funds Funding opportunities exist from government programs including the Crown Reserves Improvement Fund managed by the Department of Planning, Housing and Infrastructure – Crown lands.
• Income from commercial operations: Where tenures are involved (e.g., the major user groups – kiosk and shops, moorings etc., ticket and product sales etc.), income will arise as per details in the revenue-split in the corresponding agreement
In order to address the outstanding and future maintenance requirements at the Forster Foreshore, and permit any required new developments as proposed in this POM, it is important that all income which is generated from the Forster Foreshore be returned to the Forster Foreshore, and that this should be clearly demonstrated in Council’s financial statements. Ensuring appropriate rental and fees for formal use of the site will assist in the maintenance of specialised infrastructure.
Table 3 sets out a number of actions which enable the identified Management Strategies and Performance Targets within Forster Foreshore. These actions are the means of achieving the objectives of the POM. A clear indication of how the completion of the aims will be assessed is also provided in the table under Performance Evaluation
Note that all proposed works and existing infrastructure (notably on land categorised as Natural Area – Foreshore and General Community Use), will require assessment under Council’s Coastal Management Plan, prior to implementation.66 Table 2 - Implementation Table
To promote, encourage and provide for the use of the land, and to provide facilities on the land, to meet the current and future needs of the local community and of the wider public:
i. in relation to public recreation and the physical, cultural and
A. Complete essential works in accordance with all required approvals, available resources and as prioritised by Council.
1. Complete construction of the new fit-for-purpose building (two levels), at the foot of Pilot Hill - kiosk potential within ground level.
2. Construct new accesses for vehicles from Oyster Parade to the (new) Surf Club and beach, especially for maintenance and Surf Club vehicles (1-3 years).
3. Construct new pathway /promenade which creates a more direct link for walkers between the southern and northern ends of Main Beach (and thence separately to the Breakwater and Pilot Hill) (1-3 years).
• All new works are completed in accordance with works plans, to budget.
• Disruptions to delivery of services and community usage occurs due to establishment of new works schedules are minimised.
• Increase in usage and visitations to Main Beach precinct and other sections of General Community Use (GCU) land category.
66 The Coastal Management Plan currently being developed by Council will be available during 2025. This Plan is a required response to the Great Lakes Coastal Zone Management Plan 2016
intellectual welfare or development of individual members of the public, and
4. In/around footprint of previous (demolished) Surf Club, improve amenity using constructed deck or astro-turf, potted plants, chairs, tables, umbrellas etc. (1-3 years).
5. Construct one wide ramp (3-4 m wide) to allow ready and practical access to beach especially for surf life-saving needs (1-3 years).
6. Provide minor aesthetic improvements to existing Surf Club carpark of 80 car spaces (potted planters, garden beds etc. (1-3 years).
7. Upgrade/widen the existing promenade and improve masonry sea wall at Main Beach including improved access to the beach via various ramps, stairs and platforms (3-10 years).
8. Create a new public space at Main Beach (The Oasis67 – the heart of the beach precinct) occupying approximately the former footprint areas of the former (demolished) Surf Club, kiosk and amenities - paved and landscaped, possible future market space (3-10 years).
9. Construct new amenities/change room facility, and kiosk oriented towards the Oasis (The Pavilion68). Demolish old respective structures (3-10 years).
10. Implement turf lawn and create more shade with appropriate plantings suitable for picnics, in and around the new structures (1-10 years).
Boat Harbour/Marina
11. Extend marina jetty to attract new boating clientele (1-3 years).
67 Concept as proposed within Forster Main Beach Masterplan November 2018 (MidCoast Council).
68 Concept as proposed within Forster Main Beach Masterplan November 2018 (MidCoast Council)
• Increased cash flow/profit to Council and private (tenured) businesses attributed to newly constructed amenities and more visitations.
• Feedback from visitors and business sector that services delivered are satisfactory.
• Contribution of volunteers (Surf Club, Marine Rescue Centre) consolidate and flourish.
• Increased usage (especially by the disabled) into passive areas (walking, viewing etc.).
• Increased visitations by watercraft using boat harbour/marina.
• Car parking and traffic management is in accordance with current and increase usage.
B. Continue to manage and maintain existing assets with approvals as required to appropriate standards.
12. Remove cyclone fencing to east of car park (1-3 years).
13. Remove fencing around small enclosure and install large waste bins (1-3 years).
Breakwater/Marine rescue
14. Seal parking area servicing the Marine Rescue facility (1-3 years).
15. Construct additional emergency vehicle equipment storage near existing Marine Rescue Centre (1-3 years).
16. Create public amenities facility and kiosk close to the Centre (13 years).
1. Conduct essential repairs and maintenance to all facilities.
2. Maintain the structures and open spaces
3. Monitor the condition of structures and ensure effective maintenance procedures are in place through tenure conditions.
4. Particular maintenance attention to be directed at existing structures (1-3 years):
• Wharf /pontoon assets at Forster Boat Harbour and Marina precinct, requiring some significant maintenance as well as some boat safety signage.
• At the Breakwater Marine Rescue precinct, the rock monument and two picnic shelters require attention.
• At Pilot Hill, a number of seats (4), a picnic setting and a fotopol need attention.
• Signage, a floodlight and a picnic shelter at Town Park also require significant maintenance
• At John Holland Park precinct a floodlight, seats, bollard, and additional signs (2) need attention.
• Directional signage enhanced and effective
• Iconic status of Forster Foreshore is further enhanced by reputation.
• Built assets are managed in accordance with prescribed Council standards and community expectations.
• General Community Use area orderly, neat, well maintained.
C. Manage the land for improved and appropriate outcomes.
1. Ensure appropriate management of all vegetated land including open areas and arenas in accordance with relevant grounds management plan of Council’s Asset Management Plans.
2. Ensure regular collection of rubbish and elevate compliance activities against illegal dumping of rubbish.
3. Prepare a safety audit of the site and repair or replace any areas that may impact on public safety.
4. Ensure the efficient and conservative use of water, pesticides, herbicides and fertilisers where required.
5. Mow/slash open areas and pathways to maintain attractive and well managed appearance.
6. Improve visual amenity and environmental quality by establishment of appropriate trees into passive areas.
7. Manage invasive plant species to enhance native species and habitat values, where present.
8. Council officers to continue monitoring for issues of compliance and general site amenity.
(how they will be assessed)
• Grounds well maintained and operating effectively in accordance with use agreements and responsibilities, orderly, clean.
• Positive feedback from user groups and individuals.
• Aesthetic and environmental qualities improved through strategic establishment of trees.
• Safety standards maintained.
D. Monitoring and Compliance.
1. Continue to monitor the condition of major structures and ensure effective maintenance schedule and procedures are in place.
2. Prepare a safety audit of the site and repair or replace any areas that may impact on public safety.
3. Continue to effectively administer Council’s policy for occupation of community lands with users.
4. Council officers to be present to monitor all issues of compliance and general site amenity.
• Audit processes for safety and asset condition reporting developed and working well.
• Tenures are well managed resulting in no complaints and showing desired cash flow.
• No confusion or inefficiencies regarding use and occupation exist.
• No illegal use and abuse of facilities.
ii. in relation to purposes for which a lease, licence or other estate may be granted in respect of the land.
E. Capitalise on good relationships and improve coordination and communication with occupiers of and visitors to the Reserve.
1. Establish appropriate tenure and hiring arrangements for existing and new hirers, at recommended/appropriate rent and hire fees where applicable.
2. Ensure that the requirements of any Tenure or Hire Agreement are met by establishing positive relationships between Council, tenure holder and caretaker through clear expectations and communications.
3. Where necessary, develop guidelines which communicate the requirement for users to concur with all tenure conditions including the maintenance of orderly and tidy surrounds at all times.
4. Erect signage in accordance with Schedule 5 I&E SEPP and approved by Council.
(how they will be assessed)
• Good cooperation regarding maintenance responsibilities.
• Number of user groups and general passive users has increased.
• Areas well signed for appropriate and safe community use.
A. Build relationships with new and existing users in order to draw more people to the General Community Use area, to maximise business and cash flow.
1. Create appropriate tenures for operation of commercial and noncommercial service outlets.
2. Continue to effectively administer Council’s policy for occupation of community lands with users.
3. Oversee lease maintenance responsibilities of tenure holders.
4. Ensure regular communication with tenure holders avoiding misunderstandings regarding tenure terms and conditions.
• User groups are content with tenure arrangements and plan is working well with all, including improved clarity and communication.
• Community enjoying unfettered access for casual use of facilities and commercial outlets.
• Efficient and timely issuing of consents as required.
• Tenure compliance problems non-existent.
Performance Evaluation (how they will be assessed)
To encourage, promote and facilitate recreational, cultural, social and educational pastimes and activities, and
A. Ensure the management of the Park category land allows for ready access by people and visual connectivity to open space.
1. Ensure appropriate slashing/mowing of all grounds in the Park areas.
2. Carry out essential gardening/landscaping.
3. Provide support to community for community markets.
4. Erect signage in accordance with Schedule 5 I&E SEPP and approved by Council.
• Park area managed in accordance with stipulated legislative requirements.
• Signage is clear and not obtrusive.
• Park is well used by a range of user groups.
• Park areas are well landscaped, attractive and maintained.
• Council staff monitor implementation of plans regularly.
• Markets are effectively staged.
To provide for passive recreational activities or pastimes and for the casual playing of games, and
B. Maintain the amenity and quality of the existing Park settings and facilities.
1. Maintain existing park infrastructure in accordance with maintenance schedules – amenities, playgrounds, pathways, seating etc.
2. Ensure appropriate slashing/mowing of all grounds in the Park area.
3. Ensure the efficient and conservative use of water, pesticides, herbicides and fertilisers across the Sportsground area, where required.
4. Ensure regular collection of rubbish.
5. Manage invasive plant species to enhance native species and habitat values, where present.
• Facilities, grounds and surrounds well maintained in accordance with prescribed standard.
• Park users comment favourably, no negative reports.
• Rubbish removed.
• Aesthetic and environmental qualities improved through strategic establishment of trees and shrubs.
To improve the land in such a way as to promote and facilitate its use to achieve the other core objectives for its management.
C. Upgrade and improve the existing park infrastructure
6. Erect signage in accordance with Schedule 5 I&E SEPP and approved by Council.
John Holland Park
1. Install additional seating John Holland Park (1-3 years).
2. Create carpark in the lot immediately east of Ronald Macdonald Family Retreat (3-10 years).
3. Construct new playground (1-3 years).
4. Continue walking track segment from the Surf Club to flagpole on Pilot Hill - suitable construction standard to permit disabled access (1-3 years).
5. Construct walking track segment from flagpole to stairs (western slope) (1-3 years).
6. Upgrade stairs (1-3 years).
7. Upgrade seating (1-3 years).
Breakwater/Marine Rescue
8. Upgrade existing playground BBQ facility (near commencement of stairs to Pilot Hill (1-3 years).
(how they will be assessed)
• Park areas are well landscaped, attractive and maintained.
• All new works are completed in accordance with works plans, to budget.
• Parking is constructed and utilised.
(how they will be assessed)
To maintain the foreshore as a transition area between the aquatic and the terrestrial environment, and to protect and enhance all functions associated with the foreshore’s role as a transition area, and
A. Maintain and where appropriate, enhance the natural values of the Foreshore area.
1. Manage invasive plant species and feral animals, to enhance native plant species, native animals, and habitat values.
2. Encourage additional native tree plantings by supporting and facilitating community involvement.
3. Maintain existing structures which control access and use (fences, tracks etc.) to avoid damaging environmentally sensitive areas.
4. Manage native vegetation as a means of reducing sand drift and dune/beach erosion
5. Erect signage in accordance with Schedule 5 I&E SEPP and approved by Council
• Active volunteer network (Landcare, Dunecare, service clubs etc.) and active participation.
• The movements of people are controlled and do not result in destruction of natural features.
• The native vegetation is healthy, invasive plants are well maintained; feral animals controlled.
• Dune/beach erosion by wind and water is minimised.
To facilitate the ecologically sustainable use of the foreshore, and to mitigate impact on the foreshore by community use.
B. Upgrade and improve the existing infrastructure of the Foreshore area as required, ensuring community impacts on natural values are minimised
1. Construct (Natural Area/Foreshore) component of new pathway /promenade which creates a more direct link for walkers between the southern and northern ends of Main Beach (and thence separately to the Breakwater and Pilot Hill) (1-3 years)
2. Ensure walking track from Main Beach to Breakwater is sound for disabled access (1-3 years).
3. Enhance existing Lookout structure, ensuring accessible for the disabled (1-3 years).
4. Erect signage in accordance with Schedule 5, I&E SEPP and approved by Council
• All new works are completed in accordance with works plans, to budget.
• Community use is encouraged and environmental damage minimal
• Unfettered access to Natural Area/Foreshore area by all people.
Community consultation is an important source of information necessary to provide an effective POM for Community Land and is a requirement under Section 38 of the LG Act As such, Council is committed to the principles and activities within the participating community which guide Council’s decision-making processes. Such participation creates the opportunity for interested parties to become actively involved in the development of a plan which reflects the needs, opinions and priorities of people using the Forster Foreshore
Section 38 of the LG Act requires that:
• Council must give public notice of a draft POM.
• The period of public exhibition of the draft plan must be not less than 28 days.
• The public notice must also specify a period of not less than 42 days after the date on which the draft plan is placed on public exhibition during which submissions may be made to Council.
• Council must, in accordance with its notice, publicly exhibit the draft plan together with any other matter which it considers appropriate or necessary to better enable the draft plan and its implications to be understood.
During the development of this POM, the principal user organisations were informed of its intent and were invited to respond to a series of questions aimed at procuring their future requirements for the area (see Section 8.3).
Aussie Towns: Forster Tuncurry NSW - www.aussietowns.com.au/town/forster-tuncurry-nsw
Australian Bureau of Statistics, 2016 Census Quickstats 2428: (2016): www.quickstats.censusdata.abs.gov.au/census_services/
Commonwealth Government, Native Title Act 1993, www.legislation.gov.au/Browse/Results/ByTitle/Acts/InForce/Na/0/0/principal
Crown Land Management Act 2016: www.industry.nsw.gov.au/lands/what-we-do/legislationpolicies/the-crown-land-management-act-2016
Crown Land Management Regulation S.31: https://www.legislation.nsw.gov.au/#/view/regulation/2018/88
Department of Local Government (2000): Practice Note No.1, Public Land Management, amended May 2000
eSPADE: www.environment.nsw.gov.au/eSpade2WebApp
Forster Boat Harbour Management Plan Issue No. 1 (August 2003): (Great Lakes Council)
Forster Foreshores Plan of Management (undated): (Great Lakes Council)
Forster Main Beach Masterplan (November 2018): (MidCoast Council)
Guide for Bush Fire Prone Land Mapping Version 5b (November 2015): (NSW Rural Fire Services)
Great Lakes Coastal Hazard Study 3001829 Revision No. 2 SMEC
Great Lakes Council Heritage Study, (May 2007): (MidCoast Council) www.midcoast.nsw.gov.au
Great Lakes Shire Council Local Environment Plan (2014): (Great Lakes Shire Council)
Isbell R.F (1996): Australian Soil Classification, Revised edition: CSIRO Pub.
Local Government Act, 1993: Amendedby the Local Government (Community Land Amendment) Act 1998. NSW Government: http://www.legislation.nsw.gov.au/
Local Strategic Planning Statement (September 2020): (MidCoast Council)
MidCoast 2030: Shared Vision, Shared Responsibility 2018-2030 (April 2018): (MidCoast Council)
MidCoast Regional Economic Development Strategy 2018-2022: (MidCoast Council)
North Tuncurry Masterplan (2001), and North Tuncurry Regional Sports Area Plan (2010)
Robinsons Tourist Guide and Directory of the Central North Coast of NSW “Pacific Playground” (1962): Tourist Guide: New Century Press Pty. Ltd.
The History of the Worimi People, Mick Leon. Tobwabba.com.au/worimi/index.html
The Kabook and Watoo People of the Gringai Barrington River Gloucester, NSW; Robert Siron and Luke Russell (2018): www.hunterlivinghistories.com/2-18/08/15/the-kabook-watoo/
Core Objectives for Categories of Community Land (Local Government Act 1993):
36E Core objectives for management of community land categorised as a natural area
The core objectives for management of community land categorised as a natural area are:
(a) to conserve biodiversity and maintain ecosystem function in respect of the land, or the feature or habitat in respect of which the land is categorised as a natural area, and (b) to maintain the land, or that feature or habitat, in its natural state and setting, and (c) to provide for the restoration and regeneration of the land, and (d) to provide for community use of and access to the land in such a manner as will minimise and mitigate any disturbance caused by human intrusion, and (e) to assist in and facilitate the implementation of any provisions restricting the use and management of the land that are set out in a recovery plan or threat abatement plan prepared under the Biodiversity Conservation Act 2016 or the Fisheries Management Act 1994
36F Core objectives for management of community land categorised as a sportsground
The core objectives for management of community land categorised as a sportsground are:
(a) to encourage, promote and facilitate recreational pursuits in the community involving organised and informal sporting activities and games, and
(b) to ensure that such activities are managed having regard to any adverse impact on nearby residences.
36G Core objectives for management of community land categorised as a park
The core objectives for management of community land categorised as a park are:
(a) to encourage, promote and facilitate recreational, cultural, social and educational pastimes and activities, and
(b) to provide for passive recreational activities or pastimes and for the casual playing of games, and
(c) to improve the land in such a way as to promote and facilitate its use to achieve the other core objectives for its management.
36H Core objectives for management of community land categorised as an area of cultural significance
(1) The core objectives for management of community land categorised as an area of cultural significance are to retain and enhance the cultural significance of the area (namely its Aboriginal, aesthetic, archaeological, historical, technical or research or social significance) for past, present or future generations by the active use of conservation methods.
(2) Those conservation methods may include any or all of the following methods:
(a) the continuous protective care and maintenance of the physical material of the land or of the context and setting of the area of cultural significance
(b) the restoration of the land, that is, the returning of the existing physical material of the land to a known earlier state by removing accretions or by reassembling existing components without the introduction of new material
(c) the reconstruction of the land, that is, the returning of the land as nearly as possible to a known earlier state
(d) the adaptive reuse of the land, that is, the enhancement or reinforcement of the cultural significance of the land by the introduction of sympathetic alterations or additions to allow compatible uses (that is, uses that involve no changes to the cultural significance of the physical material of the area, or uses that involve changes that are substantially reversible or changes that require a minimum impact)
(e) the preservation of the land, that is, the maintenance of the physical material of the land in its existing state and the retardation of deterioration of the land.
(3) A reference in subsection (2) to land includes a reference to any buildings erected on the land.
36I Core objectives for management of community land categorised as general community use
The core objectives for management of community land categorised as general community use are to promote, encourage and provide for the use of the land, and to provide facilities on the land, to meet the current and future needs of the local community and of the wider public:
(a) in relation to public recreation and the physical, cultural, social and intellectual welfare or development of individual members of the public, and
(b) in relation to purposes for which a lease, licence or other estate may be granted in respect of the land (other than the provision of public utilities and works associated with or ancillary to public utilities).
36J Core objectives for management of community land categorised as bushland
The core objectives for management of community land categorised as bushland are:
(a) to ensure the ongoing ecological viability of the land by protecting the ecological biodiversity and habitat values of the land, the flora and fauna (including invertebrates, fungi and micro-organisms) of the land and other ecological values of the land, and
(b) to protect the aesthetic, heritage, recreational, educational and scientific values of the land, and
(c) to promote the management of the land in a manner that protects and enhances the values and quality of the land and facilitates public enjoyment of the land, and to implement measures directed to minimising or mitigating any disturbance caused by human intrusion, and
(d) to restore degraded bushland, and
(e) to protect existing landforms such as natural drainage lines, watercourses and foreshores, and
(f) to retain bushland in parcels of a size and configuration that will enable the existing plant and animal communities to survive in the long term, and
(g) to protect bushland as a natural stabiliser of the soil surface.
36K Core objectives for management of community land categorised as wetland
The core objectives for management of community land categorised as wetland are:
(a) to protect the biodiversity and ecological values of wetlands, with particular reference to their hydrological environment (including water quality and water flow), and to the flora, fauna and habitat values of the wetlands, and
(b) to restore and regenerate degraded wetlands, and
(c) to facilitate community education in relation to wetlands, and the community use of wetlands, without compromising the ecological values of wetlands.
36L Core objectives for management of community land categorised as an escarpment
The core objectives for management of community land categorised as an escarpment are:
(a) to protect any important geological, geomorphological or scenic features of the escarpment, and (b) to facilitate safe community use and enjoyment of the escarpment.
36M Core objectives for management of community land categorised as a watercourse
The core objectives for management of community land categorised as a watercourse are:
(a) to manage watercourses so as to protect the biodiversity and ecological values of the instream environment, particularly in relation to water quality and water flows, and (b) to manage watercourses so as to protect the riparian environment, particularly in relation to riparian vegetation and habitats and bank stability, and (c) to restore degraded watercourses, and
(d) to promote community education, and community access to and use of the watercourse, without compromising the other core objectives of the category.
36N Core objectives for management of community land categorised as foreshore
The core objectives for management of community land categorised as foreshore are:
(a) to maintain the foreshore as a transition area between the aquatic and the terrestrial environment, and to protect and enhance all functions associated with the foreshore’s role as a transition area, and
(b) to facilitate the ecologically sustainable use of the foreshore, and to mitigate impact on the foreshore by community use.
State Environmental Planning Policies which are Relevant to the Forster Foreshore
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (SEPP Exempt) provides that certain types of works do not require development consent under Part 4 of the EP&A Act. The General Exempt Development Code is set out in Division 1 of the SEPP Exempt, providing the limitations and conditions of the exemptions. They include:
• Access Ramps
• Advertising and signage
• Aerials, antennae and communication dishes
• Air-conditioning units
• Animal shelters
• Aviaries
• Awnings, blinds and canopies
• Balconies, decks, patios, rotundas, terraces and verandahs
• Barbecues and other outdoor cooking structures
• Bollards
• Charity bins and recycling bins
• Earthworks, retaining walls and structural support
• Fences
• Flagpoles
• Footpaths, pathways and paving
• Fowl and poultry houses
• Garbage bin storage enclosure
• Hot water systems
• Landscaping structures
• Minor building alterations
• Mobile food and drink outlets
• Playground equipment
• Screen enclosures
• Sculptures and artworks
• Temporary uses and structures
• Waste storage containers
Section 1-16 of Division 2 of the SEPP Exempt provides the General Requirements for exempt development.
State Environmental Planning Policy (Resilience and Hazards) 2021
The State Environmental Planning Policy (Resilience and Hazards) 2021 (R&H SEPP) commenced in New South Wales on 1 March 2022 consolidating 3 earlier SEPPs focused on employment and advertising. The R&H SEPP focuses on:
• Coastal management for land use planning within the coastal zone consistent with the Coastal Management Act 2016 and defines the coastal zone and establishes state-level planning priorities and development controls to guide decision-making for development within the coastal zone.
The aim of this Policy is to promote an integrated and co-ordinated approach to land use planning in the coastal zone in a manner consistent with the objects of the Coastal Management Act 2016, including the management objectives for each coastal management area, by
a. managing development in the coastal zone and protecting the environmental assets of the coast, and
b. establishing a framework for land use planning to guide decision-making in the coastal zone, and
c. mapping the four coastal management areas that comprise the NSW coastal zone for the purpose of the definitions in the Coastal Management Act 2016
• the management of Hazardous and offensive development.
• the provision of a state-wide planning framework for the remediation of contaminated land and to minimise the risk of harm.
The State Environmental Planning Policy (Transport and Infrastructure) 2021 (T&I SEPP) commenced in New South Wales on 1 March 2022 consolidating 4 earlier SEPPs focused on employment and advertising. The T&I SEPP focuses on:
• Infrastructure containing planning rules and controls for infrastructure in NSW, such as for hospitals, roads, railways, emergency services, water supply and electricity delivery
The T&I SEPP provides that certain types of works do not require development consent under Part 4 of the Environmental Planning and Assessment Act 1979.
Section 2.20 of the T&I SEPP provides that a range of works are “exempt development” when carried out for or on behalf of a public authority (including MidCoast Council). These works are itemised in Schedule 1 of the SEPP and include paths and ramps for disabled access, fencing, firefighting emergency equipment, small decks, prefabricated sheds of up to 30m2 in area, retaining walls up to 2m in height, landscaping including paving and access tracks, minor external and internal alterations to buildings, open car parks (size is not specified) and demolition of buildings covering an area of up to 100m2
Section 2.74 of the T&I SEPP further provides that Development for any purpose may be carried out without consent on Crown managed land, by or on behalf of a Crown land manager of the land if the development is for the purposes of implementing a plan of management adopted for the land in accordance with the LG Act. Further, any of the following development may be carried out by or on behalf of a council without consent on a public reserve under the control of or vested in the council:
a. development for any of the following purposes:
i. roads, pedestrian pathways, cycleways, single storey car parks, ticketing facilities, viewing platforms and pedestrian bridges
ii. recreation areas and recreation facilities (outdoor), but not including grandstands
iii. visitor information centres, information boards and other information facilities
iv. lighting, if light spill and artificial sky glow is minimised in accordance with the Lighting for Roads and Public Spaces Standard
v. landscaping, including landscape structures or features (such as artwork) and irrigation systems
vi. amenities for people using the reserve, including toilets and change rooms
vii. food preparation and related facilities for people using the reserve
viii. maintenance depot,
ix. portable lifeguard towers.
b. environmental management works
c. demolition of buildings (other than any building that is, or is part of, a State or local heritage item or is within a heritage conservation area).
• Educational establishments and childcare facilities containing planning for child-care centres, schools, TAFEs and Universities.
• Major infrastructure corridors containing planning controls and reserves land for the protection of the 3 North South Rail Line, South West Rail Link extension and Western Sydney Freight Line corridors.
• Three Ports containing the land-use planning and assessment framework for Port Botany, Port Kembla and the Port of Newcastle.
The State Environmental Planning Policy (Industry and Employment) 2021 (I&E SEPP) commenced in New South Wales on 1 March 2022 consolidating 2 earlier SEPPs focused on employment and advertising. The I&E SEPP focuses on:
• Western Sydney employment area’ contains planning rules and controls for the employment land within the Western Sydney
• Advertising and signage ensuring that signage (including advertising):
(i) is compatible with the desired amenity and visual character of an area, and
(ii) provides effective communication in suitable locations, and
(iii) is of high-quality design and finish
• to regulate signage (but not content) under Part 4 of the Act, and
• to provide time-limited consents for the display of certain advertisements, and
• to regulate the display of advertisements in transport corridors, and
• to ensure that public benefits may be derived from advertising in and adjacent to transport corridors.
This Policy does not regulate the content of signage and does not require consent for a change in the content of signage.