LAKE MACQUARIE COASTAL WETLANDS PARK PROPOSAL. FINAL DRAFT MEMORANDUM OF UNDERSTANDING (September 2010)

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1 LAKE MACQUARIE COASTAL WETLANDS PARK PROPOSAL FINAL DRAFT MEMORANDUM OF UNDERSTANDING ( FOREWORD The Lake Macquarie Coastal Wetlands Park proposal was initiated by community groups and was formally endorsed by Lake Macquarie City Council in The park proposal covers 10 separate areas of land over a distance of about 15 km on the eastern side of Lake Macquarie. The total area is 1,730 ha, owned by a number of State Government agencies and Council. The Memorandum of Understanding (MOU) between Lake Macquarie City Council and a number of NSW Government agency landholders is an agreed framework for implementing improved protection and management of the Park area over the next ten years. It provides for the following: Support for the Park and agreed principles for implementation and management. Exchanges and transfers of land between agencies to support improvement to ongoing management. Co-operative arrangements for management. Recognition of Aboriginal interests in the area, and potential future indigenous involvement in management. The Memorandum of Understanding is a general statement of direction. It does not change arrangements for the ownership of land within the Park area, and responsibilities under relevant legislation continue. The agreement does identify lead agencies for each of the 10 separate areas identified as part of the Park, and the intent of the MOU is that this agency take major responsibility for this area over time. MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING is made on BETWEEN: (1) LAKE MACQUARIE CITY COUNCIL a council established pursuant to the Local Government Act 1933, (the Council). (2) THE GENERAL MANAGER OF THE CROWN LANDS DIVISION, DEPARTMENT OF LANDS (The General Manager). (3) THE CHIEF EXECUTIVE OFFICER OF THE ROADS AND TRAFFIC AUTHORITY (The Chief Executive Officer). (4) THE DIRECTOR-GENERAL OF THE DEPARTMENT OF ENVIRONMENT, CLIMATE CHANGE AND WATER (The Director-General). (5) THE GENERAL MANAGER OF THE HUNTER WATER CORPORATION (The General Manager). (7) THE BELMONT STATE PARK TRUST (The Chair). 1

2 IT IS AGREED BY THE PARTIES AS FOLLOWS 1. GENERAL A. The parties wish to agree in principle to the establishment of co-ordinated management approach for the land identified in the Lake Macquarie Coastal Wetlands Park proposal, as identified on the map in Annexure 1 (the land). B. The parties all have ownership and management responsibilities of land within and/or adjacent to the proposed Coastal Wetlands Park boundaries. C. The parties wish to define the roles, responsibilities, and commitments for the future management and protection of the land. D. The aims of this joint MOU are: (i) (ii) (iii) (iv) To facilitate co-ordinated management, and to rationalise and/or consolidate ownership of the land and management arrangements in the long term; To protect, enhance and appropriately manage the natural ecosystems and environmental and recreational values on the land; To capitalise on the skills, expertise and resources available to all organisations in the management of the area. To integrate the management of the land with existing land management and restoration programs such as being implemented by Council and Landcare. E. Land specifically excluded from the terms of the MOU is shown in Annexure 5. The land has been excluded at the request of the Department of Lands in a letter to Council dated 30 July MEMORANDUM OF UNDERSTANDING 2.1 Principles The following principles are agreed between the parties: To manage the land in a consistent and co-ordinated way to maintain its natural values. To work towards preparing and implementing a single plan of management for the land. To develop co-operative land ownership and management arrangements. For each of the 10 areas comprising the Lake Macquarie Coastal Wetlands Park proposal, a lead agency is identified as shown in Annexure All parties agree to: 1. Implement any management principles or plan agreed by the parties under the MOU. 2. Facilitate joint adoption of plans of management. 3. Support grant funding applications by parties to the MOU which are consistent with the objectives and principles of the MOU. 4. Support any Lake Macquarie City Council ( Council ) application to the Commonwealth Government for Ramsar listing of the proposed Lake Macquarie Coastal Wetlands Park, subject to joint agreement to the proposed listing boundary. 2

3 Nothing in this MOU will commit any of the parties to actions which are not able to be reasonably achieved within current level of resources and funding. 2.2 Council responsibilities and contributions Lake Macquarie City Council will provide a contribution to the services and works enumerated in clause and of this MOU. In fulfilling its roles under Environmental Planning and Assessment Act 1979 and Local Government Act 1993, Council will endeavour to ensure that local environmental planning, development consent, compliance, infrastructure and asset management will be consistent with the objectives of this MOU Landcare, Bush Regeneration and Community Education The services and works to be carried out by Council will include the following: i ii iii iv provision of training, materials, and related services for Landcare volunteers working within the land and adjoining lands. provision of community education programs. provision of a contract bush regeneration program within the Park. provision of expertise and services for the professional management of flora and fauna conservation programs and bushland restoration projects within the Park as agreed by both parties on a project-by-project basis. The services and works enumerated in clause of this MOU shall be implemented in accordance with an agreed program of works which shall be reviewed annually by the operational working group referred to in clause 4.5 of this MOU Weed management Council is to be primarily responsible for managing weeds within the Park in areas not under direct management of another body (e.g. Belmont Wetlands State Park Trust). Council will be eligible to apply for funding from the Crown for weed management on Crown lands not currently under Council s direct management Fernleigh Track In conjunction with Newcastle City Council, the Council is responsible for project management of the Fernleigh Track Cycleway, the construction of which is anticipated to be completed about Transfer of land at Belmont Lagoon to Belmont Wetlands State Park Council undertakes to facilitate the transfer land in its ownership at Belmont Wetlands to the NSW Government for incorporation within the Belmont Wetlands State Park. In accordance with an agreement from the Department of Education and Training to transfer part of its land at Belmont for inclusion within the Coastal Wetlands Park, council undertakes to provide funds and facilitate survey of land owned by Department of Education and Training to allow such a transfer, for consolidation as part of the Belmont State Park Other commitments In addition to the functions specified in section to the Council agrees to the following commitments. Council will utilise its statutory powers to assist with enforcement action in response to inappropriate activities on Crown and other lands. Following investigation of relevant parcels, Council will accept appointment as Trust Manager for Crown lands deemed appropriate under this MOU and through mutual agreement between the parties. 3

4 Co-ordination of applications to external agencies for funding to achieve the aims of the MOU Galgabba Point Reserve Council undertakes to investigate the transfer of its land at Galgabba Point Reserve to the Department of Environment Climate Change and Water for gazettal under the National Parks & Wildlife Act 1974 as national park or similar. Any transfer will be conditional upon current Landcare activities being allowed to continue in accordance with any agreement that may be reached between the parties. 2.3 Department of Lands responsibilities and contributions General The Department of Lands will undertake to do the following: 1. Co-ordinated management between Belmont Wetlands State Park land and other land in the proposed park area. Belmont Wetlands State Park Trust is to be a signatory to MOU 2. Lands local region will support applications to the Public Reserves Management Fund (managed by Lands) for the purposes of managing the land to which the MOU applies. (Note that PRMF funding allocations will depend on State-wide priorities.) 3. Lands will facilitate and support applications to current and any other funding sources for bush fire hazard reduction and weed control on Crown lands. 4. Lands will facilitate liaison and negotiation with Local Aboriginal Land Councils; and resolve existing Land Claims within a reasonable timeframe. 5. Ecologically sustainable development may be considered within relevant Crown lands consistent with this MOU and the values of the park proposal. 6. Undertake appropriate consultation with Lake Macquarie City Council in relation to developments proposed or being considered within the proposed boundaries of the Lake Macquarie Coastal Wetlands Park. 7. Include and/or investigate including the intertidal sandy shoreline between Belmont Wetlands State Park and the ocean within the State Park boundary Belmont State Park The Department of Lands agrees to provide an opportunity for Lake Macquarie City Council to have a permanent representation on the Belmont State Park Trust. The Department of Lands agrees to accept and facilitate the transfer of part of the Belmont TAFE site owned by the Department of Education and Training and shown in Annexure 3 into the Belmont Wetlands State Park. 2.4 Roads and Traffic Authority contributions The Authority agrees to facilitate the transfer of its lands for incorporation into the Coastal Wetlands Park as indicated in Annexure Department of Environment and Climate Change contributions The Department agrees to manage Awabakal Nature Reserve in accordance with the principles of the MOU, and to provide technical assistance in the preparation of plans of management and ongoing management activities. 2.6 Hunter Water Corporation contributions The Corporation agrees to investigate the the lease or transfer of its lands for incorporation into the Coastal Wetlands Park. When transferring lands, the 4

5 Corporation will provide a declaration that to the best of its knowledge, it is not aware of any contamination or significant liability in relation to the land to be transferred. 2.7 Belmont Wetlands State Park Trust contributions The Trust recognises that the management of its land will take into account the objectives and principles of this MOU. Ecologically sustainable development may be considered within the Belmont Wetlands State Park consistent with this MOU and the values of the park proposal 3.0 STRATEGIC AGREEMENT A major purpose of this MOU is to define the roles of each signatory to ensure the strategic management objectives for the land are achieved. 3.1 Plan of management The parties will work to prepare and implement a plan of management as detailed in this MOU. 3.2 Bush fire management The Parties agree to ensure that the values of the Wetlands Park are emphasised where appropriate in relevant deliberations of the local Bushfire Management Committee. The Parties to this agreement recognise their obligations under the Rural Fires Act 1997 and that the primary aim for bushfire management is the protection of life and property. However every effort will be made to ensure that the local Bushfire Risk Management Plan is consistent with protecting the values of the wetlands park to the greatest extent practicable. Management of bushfire risks on Crown lands not managed by a body such as Council or other corporate trust is eligible for funding under the NSW Bushfire Mitigation Works Fund, subject to State-wide priorities for funding. Lands will facilitate appropriate funding applications for relevant works. 3.3 Weed management With support from the parties to this MOU, Council will act as the lead agency for weed control in the subject areas. As above Lands will facilitate applications from Council to its annual weed funding program for lands not directly under the control and management of another corporate body. 3.4 Environmental Compliance The Parties to this MOU agree to utilise their statutory powers to ensure activities within the Coastal Wetlands Park comply with relevant legislation and are consistent with the aims and objectives of the Park proposal. Consistent with core functions of each agency, the Parties agree to share resources and information where possible to assist with enforcement and compliance actions under the relevant legislation and regulations. 3.5 Ecologically Sustainable Development (ESD) Nothing in this MOU will preclude the parties from considering development under ESD principles within areas relevant to this MOU, providing that the proposal avoids impact to SEPP 5

6 14 Wetland areas or Endangered Ecological Communities, and one or more of the following apply: The development is clearly in the public s best interest Opportunities and benefits are provided for the Coastal Wetlands Park. The development is essential to the functioning of the party s core business. The development is provided for by any agreed Plan of Management, jointly adopted or otherwise. 4.0 GOVERNANCE AGREEMENT Where relevant to this MOU, Agreement by the Parties to this MOU will generally refer to the majority of the parties agreeing, which for this purpose means half of the number of the above signatories plus one. 4.1 Review of operation of MOU Parties to this MOU undertake to review the operation of the MOU as needed or annually. 4.2 Communications It is recognised by the parties to this MOU that community awareness and support for the Wetlands Park is vital to its conservation and appropriate enjoyment of the Park. Except where limited to specific areas of land or jurisdiction, communications and public relations material regarding the broader Park proposal will be issued under joint logos of the relevant parties. 4.3 Grant funding Parties to the MOU will consult in relation to the preparation of applications to external agencies for funding to achieve the aims of the MOU, and will undertake to support these applications. 4.4 Lead agencies Annexure 2 identifies lead agencies for each of the 10 areas identified as forming part of the Coastal Wetlands Park. Where an agency is identified in Annexure 2 as a lead agency, that agency will have responsibility for co-ordinating other agencies in relation to the implementation of the objectives and principles of the MOU in relation to that area. 4.4 Indemnity The parties undertake to indemnify other parties in relation to actions taken in good faith under the terms of the MOU. 4.5 Dispute Resolution In the event that any of the parties are in dispute regarding any matter relating to or arising under this MOU then either party may give notice in writing and particulars of such dispute to the other/s and may require that such dispute be resolved by: The parties must within a reasonable timeframe after notice is given, meet to discuss the dispute; and attempt to reach agreement within a period agreed by the parties. Each party must ensure that during the period after notice is given the parties use their best efforts to resolve the dispute. If the parties have not resolved the dispute within the time specified, each party agrees the dispute must be referred for mediation, with an accredited mediator agreed by the parties; or if the parties do not agree on a mediator, a mediator nominated by The Institute of Arbitrators & Mediators Australia (IAMA). If a party breaches any provision of such mediation in relation to a dispute, the other party need not comply with that provision in relation to that same dispute. 6

7 Neither party shall be entitled to commence or maintain any action, whether by way of legal proceedings or arbitration, relating to such dispute until it has been referred to and determined as provided in this MOU. In determining such dispute the mediator shall have regard to the nature of the Park Proposal. 7

8 LAKE MACQUARIE COASTAL WETLANDS PARK PROPOSAL ELEEBANA WINDALE 3. Bangalay R 2. Jewells DUDLEY 1. Redhead Lagoon REDHEAD 4. Belmont Nth BELMONT Lake Macquarie 5. Belmont Lagoon Pacific Ocean 6. Pelican Flat 7. Coon Is. 8. Pelican Inlet BLACKSMITHS Kilometres SWANSEA 10. Galgabba 9. Black Neds Bay CAVES BEACH SEPP14 Wetland 1. Redhead Lagoon / Awabakal Nat Reserve Ha 2. Jewells Wetland Ha 3. Bangalay Reserve Ha 4. Belmont North Wetland Ha 5. Belmont Lagoon Ha 6. Pelican Flat / Blacksmiths Reserves Ha 7. Coon Island Ha 8. Pelican Inlet / Swansea Channel Ha 9. Salts Bay Reserve / Black Neds Bay Ha 10. Galgabba Reserve 53 Ha Produced by Integrated Planning Project: 2008/ /08/2008

9 Annexure 2 Proposed responsibilities and actions Number Area 1 REDHEAD LAGOON & AWABAKAL NATURE RESERVE (238.7 ha) 2 JEWELLS WETLAND (460.3 ha) 3 BANGALAY RESERVE (54.37 ha) 4 BELMONT NORTH WETLAND (621.3 ha) 5 BELMONT LAGOON RESERVE (148.5 ha) 6 PELICAN FLAT/BLACKSMITHS RESERVES ( ha) 7 COON ISLAND (32.12 ha) 8 PELICAN INLET/SWANSEA CHANNEL (32.95 ha) Land ownership LMCC, DECCW, LMCC, RTA, HW Lead agency DECCW L&PMA/LMCC LMCC, LMCC None LMCC LMCC, Hunter Water, DET, LMCC L&PMA/Belm ont State Park Trust LMCC/Belmont State Park Trust L&PMA LMCC L&PMA Proposed land transfers Part of LMCC land to be considered for consolidation with nature reserve Transfer DET land to Belmont Wetlands State Park and part of HWC landholdings into the State Park Proposed management responsibilities Hunter W ater Corporation licence arrangement to be considered Investigate future consolidation of LMCC land into State Park 9 SALTS BAY RESERVE & BLACK NEDS BAY (152.1 ha) 10 GALGABBA POINT RESERVE (53.04 ha) LMCC, LMCC, EA, RTA LMCC LMCC Option to consider transfer to DECC as part of Lake Macquarie State Conservation Area 9

10 1.41ha 10.36ha SKM AusImage 2007 Aerial Photgraphy Produced by Integrated Planning Project: 2008\ /02/2008 Belmont TAFE Proposed subdivision of Lot 10 DP to facilitate transfer of land to LMCC to consolidate Belmont wetland in Lake Macquarie Coastal Wetlands Park Metres Scale: 1:2,000

11 Annexure 4 Roads and Traffic Authority Land proposed for inclusion in the Park (Section 2.4) Property description Ownership Notes (zoning, planning issues, etc) JEWELLS WETLAND Lot 62 DP RTA Currently zoned part 5, part 7(1), part 7(2), part 4(3), part 10 & part Acquisition (RTA) under under LEP 2004 Lot 10 DP ?? Currently zoned 5 under under LEP 2004 Lot 5 DP RTA Currently zoned part 5, part 7(1), part 7(2), part 7(3) & part 12 Acquisition (RTA) under LEP 2004 Lot 109 DP0262 RTA Currently zoned part 5, part 7(2) & part 12 (RTA) under LEP 2004 Lot 99 DP10262 RTA Currently zoned part 5, part 7(2) & part 12 (RTA) under LEP 2004 Lot 89 DP RTA Currently zoned part 5, part 7(2) & part 12 (RTA) under LEP 2004 Lot 1 DP RTA Currently zoned 5 under LEP 2004 Lot 119 DP RTA Currently zoned 5 under LEP 2004 Lot 86 DP RTA Currently zoned 5 under LEP 2004 GALGABBA POINT RESERVE Lot 6 DP RTA Currently zoned part 7(1), part 7(2) & part 7(3) and all is identified 12 as acquisition (LMCC) under LEP

12 Annexure 5 Land excluded from the terms of the MOU (Section 1) Land specifically excluded from the terms of the MOU at the request of the Department of Lands in a letter to Council dated 30 July 2010 is as follows: Lot 7093 DP Lot 2045 DP , Lot 7301 DP , and var. adjacent Lot 7037 DP to Lot 5 DP Lot 7105 DP , Lot 7039 DP and var. adjacent Dudley Road, Redhead Swan Bay, Pelican and access track Blacksmiths, east of Swansea Channel Black Neds Bay, Swansea 12

13 Duley Rd, Redhead Swan Bay, Pelican and access track

14 Blacksmiths, east of Swansea Channel Blackneds Bay, Swansea