Table 9. Recommended E2 Environmental Conservation Zone Criteria

Through this process the State established additional criteria to determine where and when environmental zones would be applied. These criteria are discussed in detail within the Land Based Conservation Background Report and are summarised in Table 9 below.

Table 9. Recommended E2 Environmental Conservation Zone Criteria

Criteria Description

Littoral Rainforests Land mapped as littoral rainforest by SEPP Coastal Management 2018

Coastal Wetlands Endangered Ecological Communities Threatened Species Key Threatened Species Habitat

Over-cleared vegetation communities.

Culturally significant lands.

Land subject to a conservation agreement Land mapped as coastal wetlands by SEPP Coastal Management 2018

Land identified in local and/or site specific studies undertaken within the last 5yrs, as containing vegetation communities listed as Endangered Ecological Communities under the Threatened Species Conservation Act 1995 (TSC)61 and the Environment Protection and Biodiversity Conservation Act 1999 (EPBC)62

Land identified in local and/or site specific studies undertaken within the last 5yrs, as containing: • Old-growth forests where the over-storey or canopy trees are in the late mature stage of growth63; • Areas of predicted high conservation value for forest fauna assemblages, refugia, endemic forest fauna or endemic invertebrates64, and • Habitats for threatened species or endangered populations that cannot withstand further loss where the threatened species or endangered population is present65 . Land identified in local and/or site specific studies undertaken within the last 5yrs, as containing: • Over-cleared vegetation communities, where more than 70% of the original (pre 1750) extent of the native vegetation type has been cleared66 and • Native vegetation in over-cleared Mitchell landscapes67 . Land identified in local and/or site specific studies undertaken within the last 5yrs, as containing Areas of culturally significant lands such as Aboriginal object sites, Aboriginal places of heritage significance, and other significant objects identified by the local Aboriginal community68 . Lands subject to an existing conservation agreement, court required restoration/rehabilitation site, biodiversity stewardship, bio-certification offset, development off-set, native vegetation clearing set-aside, wildlife refuge or similar, that is either registered on title or identified on a public register and reported on a planning certificate.

61 http://www.environment.gov.au/biodiversity/ 62 https://www.environment.nsw.gov.au/ 63 http://www.epa.nsw.gov.au/resources/pnf/OGRFreviewFieldIdent.pdf 64 Key Habitats and Corridors for Forest Fauna, Scotts, 2003 65 NSW Office of Environment and Heritage ‘Threatened Species Profiles Database’ http://www.bionet.nsw.gov.au/ 66 Ocean Shores to Desert Dunes, Keith 2006 67 NSW Ecosystems Study: Background and Methodology, Mitchell 2002 68 Guide to investigating, assessing and reporting on Aboriginal cultural heritage in NSW, NSW Department of Environment, Climate Change & Water (2011)

Land identified as E2 Environmental Conservation in accordance with the above criteria is environmentally significant, sensitive and generally unsuitable for development.

Based on this information, the range of land uses within the E2 zone should be very limited. Therefore, the majority of residential, agricultural, business, industry and tourist accommodation and facilities should be excluded from these areas.

It is noted at the time of writing only Byron Council has successfully implemented an exclusion or prohibition of residential accommodation within the E2 zone69 . While this is not supported at this time within the MidCoast, it does reflect the significant environmental of these lands and should be considered in future reviews of the MidCoast local environmental plan.

Finally, it is noted that reducing the range of land uses that may be currently permitted with consent in the E2 zone may result in an increased reliance upon existing use rights across these areas of the MidCoast.

However, this is relatively limited because the application of the E2 zone to entire properties in private ownership is uncommon given the nature of the environmental features themselves. Where development has occurred on these properties it is often not in the same area identified for an E2 zone, given the landform or vegetation is likely to already be identified and provided a certain level of protection by other existing legislation.

Consistent with this, the Standard Instrument LEP encourages the use of a ‘closed’ land use table, where land uses are permitted only by exception.

For example, the black text is compulsory from the Standard Instrument LEP, while the blue text represents options for additional zone objectives and land uses in the E2 zone:

Zone E2 Environmental Conservation

Direction — The following must be included as either “Permitted without consent” or “Permitted with consent” for this zone — Environmental protection works

1 Objectives of zone

• To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values. • To prevent development that could destroy, damage or otherwise have an adverse effect on those values.

2 Permitted without consent

(intentionally blank, as per the Standard Instrument LEP)

3 Permitted with consent

Oyster aquaculture Bee keeping; Dwelling houses; Eco-tourist facilities; Emergency services facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Recreation facilities (outdoor); Research station; Roads; Sewerage systems; Water supply systems

69 https://legislation.nsw.gov.au/view/html/inforce/current/epi-2014-0297#pt-cg1.Zone_E2