Urban and Regional Planning

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Urban and Regional Planning
6 Good Reasons to care about what happens here
NRM Boards
Simon Sherriff Principal Project Officer (Local
Government) B.Eng.Hons. (Civil and Environmental)
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Devils advocate

• Im a Local Government Planner with too much on
  my plate already.
• My core business is to ensure that within my
  council area, development occurs according to our
  Development Plan, and according to the process
  enshrined by the Development Act.
• Why should I go out of my way to develop a
  relationship with my Regional Natural Resources
  Management (NRM) Board?

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6 Good Reasons
Why should I develop a relationship with my NRM
Board?

• Its the Law
• Access to Cash
• Access to Technical Support
• Its your NRM Plan too
• NRM Facilitation within a Living Bureaucracy
• Planning Process Support in NRM

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Reason 1 Its the Law
Why should I develop a relationship with my NRM
Board?

• Natural Resources Management Act 2004
• Section 29(1) Coherant NRM Policy Framework
• S 75(9) a council must have regard to any
  regional NRM Plan
• Development Plans
• Lindner Whetstone v Regional Council of Goyder
  ORS(2006, ERD Court)
• Development Regulations 1993
• Schedule 8, Sections 12, 16 (State-wide)
• Schedule 8, Sections 19, 20, 21 (River Murray
  only)
• Referral to NRM Boards usually via DWLBC

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Reason 2 Access to Cash
Why should I develop a relationship with my NRM
Board?

• NRM Boards can support projects that align with
  NRM Plan
• Depends on level of NRM outcomes achieved and
  annual funding pool
• Funding usually competitive to promote innovation
• Not just on-ground works
• Developer Guidance Fact Sheets
• Internal process action plans
• Master Plans
• DPAs

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Reason 3 Access to Technical Support
Why should I develop a relationship with my NRM
Board?

• Training courses
• Capacity building
• Specialist advice
• Educational resources
• Fact Sheets
• Web-based

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Reason 4 Its your NRM Plan too
Why should I develop a relationship with my NRM
Board?

• An NRM Plan must be prepared for the Region - not
  just one organisation
• NRM must have a consistent policy framework
  across Region
• SA MDB NRM Board Consultancy (according to S
  75(3)(f), NRM Act 2004)
• ID discord between
• Best practice NRM objectives and principles and
• The 15 Strategic Plans and Development Plans for
  the Region
• Recommend strategies to advance practical change
  to achieve the NRM Plans objectives through the
  planning system, eg
• Capacity Building / Technical Support / Funding
  Support
• Opportunistic / Targeted DPAs
• Ministerial DPAs
• Consult with key Stakeholders in the Region to
  seek broad acceptance of strategy

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Reason 5 NRM Facilitation within a Living
Bureaucracy
Why should I develop a relationship with my NRM
Board?
LG NRM-related Issue
EPA
DEH
SA Water
Planning SA
PIRSA
NRM Board
DWLBC
Fed Govt
T.B.L. Resolution
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Reason 6 Planning Process Support in NRM
Why should I develop a relationship with my NRM
Board?

• NRM Boards can help informally at all stages of
  the planning process
• Pre-application advice
• NRM technical assistance to Planners at
  assessment stage, eg
• SEDMPs
• LMAs
• Pest plant and animal control
• Biodiversity conservation and offsets
• Water Quality and Use Management (stormwater,
  wastewater, etc)
• Assistance with compliance options for issues
  with impact on Natural Resources
• NRM Boards are also involved formally via DWLBC

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6 Good Reasons
Why should I develop a relationship with my NRM
Board?

• Its the Law
• Access to Cash
• Access to Technical Support
• Its your NRM Plan too
• NRM Facilitation within a Living Bureaucracy
• Planning Process Support in NRM

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Who is my NRM Board? www.nrm.sa.gov.au
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Optional Slides Dependent on Questions
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Lindner Whetstone v Regional Council of Goyder
ORS (No 2)

• 2006 SAERDC 67
• http//www.courts.sa.gov.au/courts/environment/ind
  ex.html
• example of the enforcement of NRM-related clauses
  of a Development Plan
• Local example of the application of the
  Precautionary Principle to a Development
  Application.
• Precautionary Principle Taking action now to
  avoid possible environmental damage when the
  scientific evidence for acting is inconclusive
  but the potential damage could be great.(Source
  www.planningportal.gov.uk/england/professionals/en
  /1115310689486.html )

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NRM Act 2004 Functions of Boards

• S 29(1) (ea)
• to undertake an active role in ensuring
• (i) That any devp plan under the Devp Act that
  applies within its region promotes the objects of
  this Act (NRM Act)
• (ii) That those Devp Plans and the board's
  regional NRM Plan form a coherent set of policies
• And, (iii iv -paraphrased)
• when a Devp Plan Amendment that is relevant to
  the activities of the NRM Board, is under
  consideration that the Board work with the
  Council, or the Minister, that is undertaking the
  DPA

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NRM Act 2004 - Regional NRM Plans

• Section 75(3)(f)
• identify any policies reflected in a Development
  Plan under the Development Act 1993 that applies
  within its region that should, in the opinion of
  the board, be reviewed under that Act in order to
  promote the objects of this Act or to improve the
  relationship between the policies in the
  Development Plan and the policies reflected in
  the board's plan

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NRM Act 2004 Regional NRM Plans

• S 75(9)
• A council or council subsidiary must, when
  performing functions or exercising powers under
  the Local Government Act 1999 or any other Act,
  have regard to any regional NRM plan that applies
  within the relevant area and in particular must
  give consideration to the question whether it
  should implement changes to the manner in which,
  or the means by which, it performs a function or
  exercises a power or undertakes any other
  activity that has been identified in the plan as
  requiring change.