Killalea

State Park

 

 

 

 

 

SAVE KILLALEA CAMPAIGN ISSUES

 
KILLALEA DEVELOPMENT TO BE DECIDED BY THE STATE SECTOR AND NOT SHELLHARBOUR COUNCIL

The proposal for Killalea State Park was amended to delete one of the three proposed sites for development and is now being decided by the New South Wales Minister for Planning with the Part 3A processes occuring through the State Department of Planning.

Proposed development can be assessed under Part 3A of the Environmental Planning and Assessment Act in two ways in accordance with section 75B(1) where:

    the carrying out of development that is declared under the section to be a project to which this Part applies:

      (a) by a State environmental planning policy, or
      (b) by order of the Minister published in the Gazette (including by an order that amends such a policy).

On 13 March 2009 an order by the Minister for Planning was published in the Gazette stating that the proposed development under Schedule 1 is a project to which Part 3A applies: pg. 1375. Schedule 1 notes the following:

    The proposed development on land within the Killalea State Park (Lots 17, 18, and 19 in DP 3710, Lot 30 in DP 751290, Lot 1 in DP 609762, and Lot 21 in DP 1010797) via Killalea Drive, and Buckley's Road Shell Cove, within the Shellharbour Local Government Area, for a tourist facility within two separate development areas comprising 106 accommodation lodges and associated pool, gymnasium, conference, amenities, restaurant, cafe', kiosk and parking areas'.

Click here to access the relevant gazette

It was understood last year that one of the two remaining proposed sites to be developed would still impact on the area affectionately referred to as 'The Farm'. It should also be noted that there is still a Development Agreement that allows for more development at the park then what has been declared as a 'major project'.

Media reports suggest that the same day that the gazette was published (13 March 2009) Babcock and Brown (one of the proponents) announced it entered into voluntary administration. See Alex Arnold, Illawarra Mercury, 21 March 2009, pg. 27 and Alex Arnold, The Advertiser, 25 March 2009, pg. 5.

It was understood previously that the amended proposal would not trigger a 'major project' status based on relevant State environmental planning policy criteria which would have allowed the development to be assessed by Shellharbour Council who have jurisdiction over the park. It appears, however, that Ministerial discretionary powers where undertaken in order to utilise s.75B(1)(b).

Shellharbour Council were previously critical of proposed 'tourist facilities' under Killalea State Park's proposed amendment through an Addendum to the parks Plan of Management. . Logic would assume that if a similar development proposal was to be decided on by Shellharbour Council that it was more unlikely then not to obtain consent. [Click here] to view Council's submission to the Department of Lands.

CONCERNS OVER THE INCLUSION OF TOURIST FACILITIES AT THE PARK WERE RAISED via DIFFERENT LEVELS OF GOVERNMENT

Concerns about the inclusion of 'tourist facilities' into the parks Plan of Management, through an Addendum, were relayed to the New South Wales Department of Lands years ago by different levels of government. More information about the Addendum is mentioned below under the heading 'AN ADDENDUM TO THE PLAN OF MANAGEMENT WAS UNDERTAKEN TO INCLUDE TOURIST FACILITIES:'

SHELLHARBOUR COUNCIL
Shellharbour Council wrote:

    'The proposed amendments to the POM represent a maor philosophical shift in the management of the park. Moving away from a management platform that focuses on maintaining the parks natural, unspoilt nature and restricting commercial activities to one where the operation of the park is focused on a large scale commercial venture deserves extensive public scrutiny and participation in the decision making process.'...

    The Killalea State Park is one of the most highly valued scenic resources in the Shellharbour LGA and the Illawarra region'...

    'There has been a significant deterioration in the scenic landscape of Shellharbour's coastal zone from residential development and Killalea represents one of the last remaining undeveloped locations on our part of the coast. It is a key generator of personal health and well being, and is part of the economic fabric of our city'...

    'While facilities in some locations could be concealed behind vegetation and topography, we hold great concern for the impact any development on the eastern and northern ridge would have on the scenic and natural value of the park as a whole.

    'The Addendum to the POM is not based on current ecological or heritage studies'.

The majority of the park is zoned 7(f2). Council states:

    'The objective of the 7(f2) zone is "to protect prominant foreshore areas which are generally undeveloped and which provide aesthetic and recreational opportunities for the public'.
    Even though Tourist Facilities may be a permissible land use, development as outlined in the proposed changes to the POM is not likely to substantially comply with the objective of the 7(f2) zone. For this reason the extent of development proposed in the POM does not appear to be appropriate.'

[Click here] to view Council's submission to the Department of Lands.

DEPARTMENT OF PLANNING
The department of planning stated that they had 'some serious concerns regarding the potential impact of future tourist facilities on the site'. It further stated that, 'In particular, the Department is concerned about the potential visual impact of future development and the scale of the proposed development'.

[Click here] to view the Department of Planning's submission to the Department of Lands.

DEPARTMENT OF NATURAL RESOURCES
The Department of Natural Resources stated that:

    'The current 1998 Killalea State Park plan of Management (POM) focuses on retaining the natural values of the area, particularly passive recreation, education opportunities and the parks impressive scenic values. The proposed amendments to the POM change this focus to intensifying the use of the park for accommodation and tourist facilities'...The siting of 'tourist related facilities and accommodation' on ridgelines if a particular concern. For example, the Eastern Ridgeline (R12) area, which is proposed for development, can be seen from Killalea Beach, popularly known as the farm, and possibly from Minamurra Beach. These beaches are currently highly valued by the community because they are surrounded by natural landscapes. Development around them will adversley affect their visual amenity and is therefore not supported by the department. The department is also concerned about the heritage sites'...

    'These overal changes are likely to be to the detriment to the park of the natural beauty of the park. Community consultation to the 1998 POM noted that it was the natural values that most attracted them to the park and as such it was seen as being important to retain those values. It also noted considerable opposition to the commercialisation of the park. Commercialisation may reduce the peace and quiet as it currently exists at the park. The proposed amendments which would allow additional development within the park are therefore seen to be inconsistent with the majority of park users'...

    'Killalea Lagoon is classified as a Intermittently Closed and Open Lake or Lagoon (ICOLL), which rarely opens to the sea. As such it is extremely vulnerable to pollutent run off which can cause water quality problems. The Lagoon is also listed under the Directory of Important Wetlands of Australia'..

    'The NSW Coastal Policy (1997) has a number of goals and strategies to protect sensitive coastal lands such as Killalea State Park. These include:
    * To protect and enhance the aesthetic qualities of the coastal zone; and
    *to provide for appropriate public access and use.
    The proposed amendments to the Killalea State Park Plan of Management in relation to the proposed development options are not seen as being consistent with the NSW Coastal Policy in these areas.

[Click here] to view the Department of Natural Resources submission to the Department of Lands.

DEPARTMENT OF ENVIRONMENT AND CONSERVATION (NSW)
The Department of Environment and Conservation concluded that,

    'The addendum should not focus on enabling a major change in the parks use without addressing the potential direct and indirect impacts. It is understood that, should the Minister for Lands approve the proposed amendments, a more detailed investigation of the proposal will be undertaken at the rezoning and development application stages. However, given the nature of the proposed chages and the significant biodiversity values involved, it would be more appropraite to undertake these studies up-front. The information generated could then be used to inform both the design of the proposal and the generation of a new POM that addresses the issues associated with the proposed changes, including the impact of the increased patronage on the EEs and other threatened species habitats that occur in the park.'

[Click here] to view Department of Environment and Conservation (NSW) submission to the Department of Lands.

KILLALEA DEVELOPMENT

* An agreement has already been signed between the parks Trust and a developer prior to an exhibition and submission period on the proposed development.
* The Agreement allows for public land to be leased to a private developer for 52 years upon formal approval of a development application.
* The New South Wales Minister for Planning has now declared that a tourist facility within two separate development areas comprising 106 accommodation lodges and associated pool, gymnasium, conference, amenities, restaurant, cafe', kiosk and parking areas is a 'major project' to be assessed through the state sector.
* The Agreement, however, allows for 202 lodges in 3 areas of the park, including the area identified as 'The Farm' overlooking the coastline.

CONFIDENTIALITY?
It has been suggested that Shellharbour/Kiama council representatives on the Killalea Trust had to sign confidentiality agreements

KILLALEA STATE PARK ALREADY HAS ACCOMMODATION FACILITIES

Despite the park already having accommodation facilities, the government suggested that it needs major tourist accommodation for financial assistance towards maintenance but haven’t guaranteed money will go back into the park

PLAN OF MANAGEMENT ACKNOWLDGES NATURAL, CULTURAL, AND OPEN SPACE SIGNIFICANCE

The Plan of Management (for September 1998), undertaken for the Killalea State Park Trust, states that 'Killalea State Park has important natural, cultural, recreational, educational and scenic values': pg. 2. It outlines these as follows:

Natural Values: threatened plant and animal species, remnants of subtropical rainforest, littoral rainforest, regionally significant wetlands, with important ecological values of a freshwater coastal Lagoon (Killalea Lagoon) which is an important breeding habitat.

Cultural values: several known Aboriginal sites and relics illustrating past use of the area for dairy grazing including stone walls, farm building foundations, feed troughs and walls.

Recreation values: opportunities for passive recreations, surfing, fishing, camping, walking, and picnicking.

Education values: varied landforms, complex coastline, remnant vegetation and estuarine wetlands, and

Scenic Values: rolling hills, Killalea Lagoon, Minimurra Spit, beaches and cliffs.’ (pg. 2)

The plan also stated that: (3.5)
‘As the population of Shellharbour increases, Killalea State Park will become an important open space resource which will serve the local population as well as visitors to the area’.

The primary role of the POM was also said to include ‘low key accommodation’: pg. 3. It states that:
'The Primary Role of Killalea State Park is to: Provide for a variety of recreation and nature study opportunities, primarily day use but with some camping and low key accommodation, consistent with protection and enhancement of natural, cultural and scenic values’.

The Plan of Management can be found at http://www.stateparks.nsw.gov.au/killalea/plan_of_management.

SHELLHARBOUR COUNCIL ALLOWS PERMISSIBLE USES TO INCLUDE TOURIST FACILITIES

Shellharbour Council changed the permissible uses of the majority of the park to allow for the type of tourist facilities the park is now confronted by. The changes were gazetted in June 2000.

A Shellharbour Council document headed Draft Shellharbour Local Environment Plan 1998 Summary of Changes notes that 'The following changes have been made to draft Shellharbour Local Environmental Plan 1998 in response to the issues raised by DUAP on 30 July 1998 (pg. 1)'...'7(f2) Foreshore Cl.5(d) "caravan parks" has been changed to "tourist facilities" (pg. 5). Caravan Parks, however, were not mentioned in this document and yet it was deleted as a definition.

tourist facility means an establishment providing holiday accommodation or recreational facilities, or both, on a short term basis, and may include:
(a) a hotel, a motel, bed and breakfast accommodation, bacpackers inn, serviced apartments, holiday cabins, a caravan park, camping ground, houseboat, and any associated swimming pool, golf course, tennis court and marina,
(b) a restaurant, and
(c) a sourvenir shop, arts and craft gallery and exhibition centre.' (LEP 2000)

Tourist facilities obviously allows for more then caravan parks.

Indications from documentation provided by Shellharbour Council show a council wanting to protect Killalea State Park. The alteration to the permissible uses to the majority of the park do not appear to be intentional. Shellharbour Council wrote the following:

    The purpose of the change in definition was part of a review of all definitions in LEP 16 and those in the then Model Provisions to the Environmental Planning and Assessment Act. The purpose of this was to adopt a clearer and more relevant set of definitions and not make reference to the definitions in the Model Provisions.
    The change in definition was intentional and the change to the permissible uses was consequential in the zoning table for 7(f2).


[Bruce McCann, Public Officer, Corporate Solicitor, 17 July 2008]

To peruse the letter sent to Shellharbour Council calling for its LEP to be reviewed [click here].

Tourist facilities still require consent. To see Shellharbour Council's Local Environmental Plan [click here]

DEVELOPMENT PROPOSAL GROWS - BOTTOM LINE IS MONEY

In Dec 2002 a invitation only event proposed development at Killalea State Park. Media reports after the event suggested that the ‘concepts could include sympathethic ecotourism lodges, cabins, a restaurant or a conference/function center’: Kiama Independent, 11 December 2002.

Media states:
'We have no intention of allowing inappropriate development, but the bottom line is that we need to generate income so that we can properly look after the park.': 11 Dec 2002, The Advertiser, pg. 2.

The proposal then grows as follows:
* The proposal suggested in the 13 July 2006 Illawarra Mercury suggested the possible construction of one large resort and the construction of 50 cabins and a block of tourist units.
* An Addendum to the Plan of management suggests 220-250 hoiday units in three areas of the park.
* The Development Agreement capped the number of lodges at 202 in three areas of the park. * The New South Wales Minister for Planning has now declared that a tourist facility within two separate development areas comprising 106 accommodation lodges and associated pool, gymnasium, conference, amenities, restaurant, cafe', kiosk and parking areas is a 'major project' to be assessed through the state sector.

AN ADDENDUM TO THE PLAN OF MANAGEMENT WAS UNDERTAKEN TO INCLUDE TOURIST FACILITIES:

An Addendum (dated 7 August 2006) to the Plan of Management, commissioned by the Killalea State Park Trust, was undertaken. It appears to be prompted in response to two events:
1. Shellharbour Council changed the permissible uses of the majority of Killalea State Park to include tourist facilities.
2. The Minister for Lands wish to encourage greater entrepreneurialism and self-sufficiency.

The Addendum states:
'The Minister for Lands has advised the Trust that the Department of Lands wishes to encourage managers of Crown reserves to be more entrepreneurial in order to enhance the self-sufficiency of these public facilities.'

'It is envisaged that the Northern Ridge, Eastern Ridge and Western Gully areas would incorporate facilities including:
* holiday accommodation (a range of cabin, motel units, hotel suites and serviced apartments);
* recreational and tourist related facilities including licensed restaurant, lounge and service facilities, kiosk, conference, function and exhibition rooms;
* sporting facilities including swimming pools, tennis courts, gymnasium and health retreat; and
* administration and ancillary services infrastructure including, staff accommodation, back office, cool rooms and loading docks....

Subject to design considerations and planning controls, the potential exists fro some 220-250 holiday units to be provided in these zones. Accommodation units should be suitably spaced to improve amenity.'

The Addendum can be found at http://www.stateparks.nsw.gov.au/killalea/plan_of_management

ADDENDUM SUFFICIENT?

Page 1 of the Addendum states that:
‘technical and field studies including ecological surveys or heritage assessments were completed as part of the original POM. No additional technical or field studies including ecological surveys or heritage assessments have been undertaken. This desktop exercise did not include a review of current heritage and threatened species listings that may apply to the site.’

The POM (Plan of Management) under page 4.4, however, states: 'Little information is available regarding fauna in Killalea State Park.'

KILLALEA STATE PARK TRUST AND KILLALEA COASTAL INVESTMENTS PTY LTD (Development Agreement)

DEVELOPMENT APPLICATION

'The apportionment of the Project between the zones specified in Annexure C, and the location, area and boundary of each Zone indicated on the plans included in the proposal, are presently preferred by the parties: 7.1(c).'

7.1(d) '(i) the total area of the zones specified in Annexure C shall not be greater than 176,000 square metres;
(iii) no more then 81 Units are to be constructed in Zone A;
(vi) that total built area for Accommodation Lot Units (excluding external decks) shall not be greater than 18,490 square metres;
(vii) the total number of Units in the Project shall not be increased to more than 202;
(ix) the total area of the parts of the Zones which are designated as Exclusive Areas shall not be greater than 30% on average across all Zones and the balance of the Premises will be comprised of Resort Managed Access Areas'.

Annexure C
Zone A1 and A2 Along ridge at existing kiosk and car facilities 81 fully serviced hotel style accommodation units with full infrastructure support Reception/Front and back of House/Restaurant/cafe/Cold Store/kiosk/Conference rooms/Gym/Spa/Pool/Equipment Stores/Maids Rooms/Staff Change Rooms/Buggy Stores/Amenities blocks/Store Rooms 19M
Zone B Western side boundary 91 lower budget style accommodation units each comprising multiple adjoining suites with infrastructure support Managers unit/Reception/back of house/Cafe/Cold Stores/kiosk/Meeting Rooms/Pool/Equipment Stores/Maids Rooms/Staff Change rooms/Amenities Blocks/Store Rooms 13M
Zone C North east along the western end boundary 30 larger style quality accommodation units Managers Residence/Pool/Maids Rooms/Store Rooms 7.5M

DEVELOPERS MINIMUM REQUIREMENTS

The Development Agreement states under the definitions that the Minimum Developers requirements are under Annexure G. Annexure G (headed the developers minimum requirements) states that ‘The development consent does not provide for the construction of at least 162 units, of the following types and numbers in each zone respectively.’ This includes Zone A (66 units), Zone B (62 units), and Zone C (34 units).

CONCEPT PROPOSALS ON INTERNET

A Killalea Development Concept Proposal can be found on internet page http://www.stateparks.nsw.gov.au/killalea/plan_of_management AND http://www.killaleaecoresort.com.au/project.php

The Concept Proposal states under the heading 'The resort facility'
'Pool, tennis court, cafe/restaurant, conference centre, proposed for each zone.' This means three pools, tennis courts, cafes/restaurants, and conference centres.

PROPOSAL APPEARS TO EXCEED PERMISSIBLE USES UNDER LEP 2000

Shellharbour Council's Local Enviromental Plan (LEP 2000), however, appears to outline the definition of permissible 'tourist facilities' as the provision of one of each, not three of each. For example, it states '(c) a restaurant'. Both (a) and (c) also appear to allow one swimming pool, tennis court and exhibition centre.

All of these require consent under LEP 2000.

NEW PROPOSAL?

The New South Wales Minister for Planning has now declared that a tourist facility within two separate development areas comprising 106 accommodation lodges and associated pool, gymnasium, conference, amenities, restaurant, cafe', kiosk and parking areas is a 'major project' to be assessed through the state sector. There is, however, still a Development Agreement as noted in this section which allows for more development then this.

CONSULTATION

• The briefing that occurred 5 Dec 2002 does not appear to be a public one. Supporting evidence provided so far only indicates an invitation only event.
• The advertisement for the Addendum to the Plan of Management only stated that ‘Killalea State Park Trust is a Crown reserve (D1001339) dedicated for public recreation on 1 June 1997. The purpose of the proposed amendments is to facilitate the use of the reserve for the additional purpose of ‘tourist facilities’: Illawarra Mercury, 13 January 2006. There was no notice of development, particularly the type proposed in the Addendum.
• The Minister for Lands notice of intention to consent to a lease of 3 areas of Killalea State Park provided in the Illawarra Mercury, dated 6 April, was a notice that provided no known provision for the community to influence the decision.
• The suggested consultation process only allowed for input into the design of the development proposal and not total opposition to it. • The Deputy Mayor of Kiama Council has been rejected from being on the Trust. • After advertising a vacancy for a community position on the Trust the Department of Lands have decided not to fill it.

THE COST OF KNOWLEDGE

A Freedom of Information request was lodged with the Department of Planning. Subsequent overal costs of obtaining information, however, was just over $322.00. Click here to read the Department's letter.

The processes to date do not appear to genuinely identify with the objects of the Environmental Planning and Assessment Act that include under section 5(a) to encourage
(c) to provide increased opportunity for public involvement and participation in environmental planning and assessment.

ECONOMIC BENEFIT?

The lease was said to generate 13 million over the life of the 52 year lease. This is $250,000 annually and appears to be around the amount the Department of Lands has provided the park over recent years. The amounts that the Department has provided to the park from the Killalea State Park Annual Report for 2005/2005 is:

2005
Operational Grant 242,000
Plant and Equipment Grant 14,500
Weed Control Grant 5,000
TOTAL: 261,500
(pg. 18 05/06 Annual Report)
2006
Operational Grant 242,000
Plant and Equipment Grant 33,000
Weed Control Grant 5,000
TOTAL: 280,000
(pg. 18 05/06 Annual Report)

LANDCLEARING

Questions about landclearing at Killalea State Park and its rehibilitation have been sent to the parks Trust.

According to Shellharbour Council's Local Environmental Plan (LEP 2000) there is a requirement to gain consent from council to the clearing of land. Further research will occur into this.

DEVELOPMENT IN A SENSITIVE COASTAL LOCATION?

A wetlands (no. 374b), which forms part of the Dunmore Wetland Catchment Protection Area, occurs in close promixity to proposed development in Zone B (valley). [Click here] to see the map.

RAINFORESTS & WETLANDS

RAINFORESTS:

The Plan of Management for Killalea State Park under Table 4.1 Vegetation Communities identifies a Littoral Rainforest on the Minamurra Sand Spit. Maps received from the Department of Planning only identify a littoral rainforest outside Killalea State Park. The department also advised talking to the planning section of Shellharbour Council. Council, however, were not as easy to gain information from even though they could be utilising the same maps. Investigations will continue. To see the Littoral Rainforest maps [click here]

Other rainforests are stated in the Plan of Management to exist at the park.

WETLANDS:

Killalea Lagoon (Wetlands No. 375) at Killalea State Park can be viewed through the map provided by the Department of Planning [Click here] or seen in its current environment in the following photo.

The Environmental Planning and Assessment Act outlines objectives under section 5. The objects of the Act include:

    (a) to encourage:

      (i) the proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purpose of promoting the social and economic welfare of the community and a better environment,
      (vi) the protection of the environment, including the protection and conservation of native animals and plants, including threatened species, populations and ecological communities, and their habitats, and
      (vii) ecologically sustainable development, an
      d

According to the definition section of the same Act (under s.4) 'ecologically sustainable development has the same meaning it has in section 6 (2) of the Protection of the Environment Administration Act 1991. Section 6(2) of the Protection of the Environment Adminstration Act notes that:

    6(2) For the purposes of subsection (1) (a), ecologically sustainable development requires the effective integration of economic and environmental considerations in decision-making processes. Ecologically sustainable development can be achieved through the implementation of the following principles and programs:

      (c) conservation of biological diversity and ecological integrity--namely, that conservation of biological diversity and ecological integrity should be a fundamental consideration,

DEGREDATION/RESTRICTION OF COASTAL RECREATION AREAS

The Development Agreement under 7.1(d)(ix) states that an average of 30% of the three zones will be exclusive areas and the rest Resort Managed Access Areas.

The objects of the Environmental Planning and Assessment Act under section 5(a) include to encourage
(iv) the provision of land for public purposes,

OCCUPATION TIMES FOR UNITS

Only a dwelling house for a caretaker/manager is permitted in the majority of the park. In addition to this tourist facilities (holiday accommodation) is meant for short term use basis. The Development Lease provides, under Annexure H, for the following occupations:

‘For premises that are in the resort letting pool the lessee, or the same person or persons, will be permitted to occupy the premises up to the following maximum number of days in each calendar year:
(a) Zone A multi-key villas – up to 225 days a year
(b) Zone A lodge – up to 200 days per annum
(c) Zone A premium housing – up to 245 days per annum
(d) Zone B – up to 40 days per annum; and
(e) Zone C – up to 260 days per annum.'

Does this really constitute a short term use basis when occupation is promoted for up to 260 days per annum within a 52 year lease? Does it instead constitute a dwelling house?

INTERGENERATIONAL EQUITY

Page 2 of the Addendum to the parks Plan of Management states that Killalea State Park is a Crown reserve that was dedicated for Public Recreation (D1001339), notified 1 June 1997, under the provisions of the Crown Lands Act 1989. Page 1 states that the purpose of the addendum was to facilitate the additional purpose of a tourist facility.

Killalea State Park should have its open space protected for the next generation.
The Environmental Planning and Assessment Act outlines objectives that includes the encouragement of Ecologically Sustainable Development (ESD): 5(a)(xii). According to the definition section of the same Act (under s.4) 'ecologically sustainable development has the same meaning it has in section 6 (2) of the Protection of the Environment Administration Act 1991. Section 6(2) of the Protection of the Environment Adminstration Act notes that:

    6(2) For the purposes of subsection (1) (a), ecologically sustainable development requires the effective integration of economic and environmental considerations in decision-making processes. Ecologically sustainable development can be achieved through the implementation of the following principles and programs:

      (b) inter-generational equity--namely, that the present generation should ensure that the health, diversity and productivity of the environment are maintained or enhanced for the benefit of future generations,
POLITICAL DONATIONS

The proponent is Killalea Coastal Investments (Mariner Land, Babcock & Brown). An internet site suggests that Babcock & Brown have donated $363,000 to the NSW ALP since 2003. See http://www.democracy4sale.org/images/developerlink.ppt

As already mentioned above the Minister for Planning made an order in the Gazette, stating that the amended proposed development is a project to which Part 3A applies, on the same day that media reports suggest that Babcock and Brown announced they were entering voluntary administration.

State Environmental Planning Policy No 71—Coastal Protection

2 Aims of Policy

    (1) This Policy aims:
    (a) to protect and manage the natural, cultural, recreational and economic attributes of the New South Wales coast, and
    (b) to protect and improve existing public access to and along coastal foreshores to the extent that this is compatible with the natural attributes of the coastal foreshore, and
    (c) to ensure that new opportunities for public access to and along coastal foreshores are identified and realised to the extent that this is compatible with the natural attributes of the coastal foreshore, and
    (d) to protect and preserve Aboriginal cultural heritage, and Aboriginal places, values, customs, beliefs and traditional knowledge, and
    (e) to ensure that the visual amenity of the coast is protected, and
    (f) to protect and preserve beach environments and beach amenity, and
    (g) to protect and preserve native coastal vegetation, and
    (h) to protect and preserve the marine environment of New South Wales, and
    (i) to protect and preserve rock platforms, and
    (j) to manage the coastal zone in accordance with the principles of ecologically sustainable development (within the meaning of section 6 (2) of the Protection of the Environment Administration Act 1991), and
    (k) to ensure that the type, bulk, scale and size of development is appropriate for the location and protects and improves the natural scenic quality of the surrounding area, and
    (l) to encourage a strategic approach to coastal management.
Click here for policy

NSW Coastal Policy 1997

The Department of Natural Resources wrote:
'The NSW Coastal Policy (1997) has a number of goals and strategies to protect sensitive coastal lands such as Killalea State Park. These include:
* To protect and enhance the aesthetic qualities of the coastal zone; and
*to provide for appropriate public access and use.
The proposed amendments to the Killalea State Park Plan of Management in relation to the proposed development options are not seen as being consistent with the NSW Coastal Policy in these areas.' Killalea comes under the NSW Coastal Policy 1997 due to the state government including Shellharbour on the relevant maps. For further insight into this process [click here] for Shellharbour Council's briefing.

[Click here] to view the Department of Natural Resources submission to the Department of Lands.

[Click here] for the NSW Coastal Policy 1997