Policy and research: Environment

The roles and responsibilities of local government in coastal management

One of the issues surrounding coastal zone management is where the roles and responsibilities fall, particularly in regards to the spheres of government and the regional Natural Resource Management (NRM) regions. The following information is a starting point. Many of the states are undergoing reviews of relevant legislation at present.

17 February 2006

Local government - Summary of coastal management, policy and legislative arrangements

New South Wales
Role of local government

Local councils in NSW translate state planning and management policies and legislation into local actions. They are the front line planning authority for most developments, apart from those which, due to their size, scale or importance in terms of social, economic or environmental impact for the state, are assessed by the Minister for Planning with consultation or concurrence by other relevant ministers where appropriate or required by planning instruments.

Councils have a proactive role in environmental education, strategic landuse planning through regional strategies and local environment plans and management of the coastal zone to balance the many competing needs of the community and environment. Councils are therefore required to consider issues such as public access, setbacks, visual amenity, hazard management, provision of walkways etc, as well as protecting the coast such as through stormwater interception and erosion control/remediation. Councils work closely with community groups, such as Landcare and Coastcare groups, towards these goals. They work cooperatively with the Catchment Management Authorities through their Catchment Action Plans to maximise the effectiveness of state and federal natural resource management funds.

Principle legislation

The Environmental Planning and Assessment Act 1979 and the Local Government Act 1993 are the principle legislation under which NSW councils guide landuse management. Other legislation such as the Crown Lands Act 1989, the Coastal Protection Act 1979 are important, and natural resources instruments such as the Threatened Species Act 1995, the Protection of the Environment Operation Act 1997, and the Native Vegetation Act 2003 and the Water Management Act 2000 inform local coastal management.

Policies

NSW has a mapped coastal zone to which various policies and legislation provisions apply. The NSW Coastal Policy 1997 applies in the Coastal zone and provides guidance for coastal planners and managers. State Environmental Planning Policy 71 - Coastal Protection, gives legislative effect to landuse management aspects of the policy.

Coastal regional strategies are being developed to guide council revision of their Local Environment Plans and Development Control Plans to plan for the pressures being placed on councils by rapidly increasing populations and demographic shift on the coast. A number of other state planning policies such as coastal wetlands, littoral rainforests and canal estates are specific to the coast.

Northern Territory
Role of local government

Under the Local Government Act, municipal councils role in regards to the coast is foreshore protection, control of stormwater drainage, litter control as well as maintenance of coastal vegetation on council land.

Community government councils role is mostly maintenance of infrastructure such as barge landings and ramps, storm water run off, erosion control and vegetation control. The area of coast under the control of these councils is a very small percentage of the Northern Territory coastline.

The role of local government in the Greater Darwin Region (TOPROC) includes:

  • Provision of services and facilities to residents and visitors, including sport and recreation facilities, community facilities, road construction and maintenance, waste management, and environmental health
  • Community and cultural development, including place management; cultural services including libraries; support for community networks and organisations, sporting and other organisations; community events
  • Planning, including social and cultural planning, council infrastructure planning, economic planning, financial planning, and service planning
  • Municipal management including management policies, regulations and local laws for their relevant local government area
  • Decision making, including consultation, research, analysis and consideration
  • Identifying and advocating local needs at territory and Commonwealth levels.

Planning powers reside within the NT Department of Planning and Infrastructure, with most development proposals being considered by the relevant Development Consent Authority, a committee which includes members of the local council. Exceptional planning matters are decided by the relevant minister. All development proposals are subject to advertisement and community consultation processes.

Principle Legislation

The NT Local Government Act is the only legislation that directs the role of councils in regards to coastal zone management. The NT has no legislation which is particular to the management of the coast or marine environment. There is no legislation that governs the role of local government in coastal planning as all planning is under the control of the NT Government (NT Planning Act 1999). Other Acts which provide some management or protection to the coast and marine environment are as follows, however these Acts do not delegate any authority to local government and are administered by the NT Government.

  • Planning Act
  • Waste Management and Pollution Control Act
  • Water Act
  • Fisheries Act
  • Soil conservation and Land Utilisation Act
Policies

TOPROC consists of Darwin City Council, Palmerston City Council, Litchfield Shire Council, Cox Peninsula Community Government Council and Coomalie Community Government Council.

Top End Regional Organisation of Councils (TOPROC) Policy on the Protection of Darwin Harbour and its Coastline, December 1999.

TOPROC has also produced a Regional Development Strategy. The Issues Paper sets out the Institutional Arrangements in the Greater Darwin Harbour in more detail.

The NT differs somewhat to other states. The majority of local government organisations are community government councils predominantly in Aboriginal communities. There are only three municipal councils who have boundaries on or near the coast, all other coastal councils are small community government councils with populations ranging from 100-1500 people. These community councils have little resources and little to no planning powers.

The NT government has funded the Darwin Harbour Advisory Committee to:

Queensland
Role of local government
  • Strategic land use planning and development assessment responsibilities under the Integrated Planning Act 1997.
  • Management of significant sites/values in areas under local government control.
  • Flora/fauna protection and management under different pieces of legislation and individual local laws.
  • Infrastructure development in coastal zones.

The majority of day to day management decisions regarding the coast are made by local government, particularly in relation to managing growth through land use planning and through the day to day management of public land under the control of local authorities in coastal areas.

Principle legislation
  • Integrated Planning Act 1997
  • Coastal Protection and Management Act 1995
  • Nature Conservation Act 1992
  • Vegetation Management Act 1999
  • Environmental Protection Act 1994.

Other significant legislation impacting on coastal zone management include:

  • Land Act 1994
  • Water Act 2000
  • Fisheries Act 1994
  • Transport Infrastructure Act 1994
  • Transport Operations (Marine Pollution) Act 1994
  • Transport Operations (Marine Safety) Act 1994
  • State Development and Public Works Organisation Act 1971
  • Marine Parks Act 1982.
Policies

Under the Integrated Planning Act and other legislation, the state government has prepared State Planning Policies (SPP). The current SPP's relevant to coastal management are:

  • State Coastal Management Plan
  • Regional coastal management plans for the following areas:
    • Wet Tropical Coast
    • Cardwell - Hinchinbrook Coast
    • Curtis Coast
  • Natural Hazards SPP
  • Acid Sulphate Soils
  • SEQ Regional Plan
  • Good Quality Agricultural Land
South Australia
Role of local government

Local government has 'care, control and management' of its section of the coast. This means that local government has the ability to enact 'by-laws' for the coast, provide facilities and is jointly responsible for coastal protection activities such as sand management and provision of protection works.

Principle legislation
  • Environment Protection Act 1993
  • Environmental Protection (Marine) Policy 1994
  • Environmental Protection (Water Quality) Policy 2000
  • Coast Protection Act 1972
  • Development Act 1993
  • Local Government Act 1999
  • The NRM Act
  • The Coast Protection Act
  • Marine Protected Areas legislation is currently being drafted

The NRM Act 2005 covers the coastal zone and South Australian coastal waters. Also, local government is required to collect an NRM levy on behalf of regional NRM boards commencing 2006. The NRM Act will have implications for local government in areas such as animal and plant control and soil conservation.

Policies
  • Our seas and coasts - A marine and estuarine strategy for South Australia
  • The state planning strategy - Metropolitan
  • The state planning strategy - Country
  • Local government coastal management policy
  • A number of coastal councils have specific coastal development plans
  • Draft estuaries policy and action plan
Tasmania
Role of local government

Local government has responsibility for:

  • Land use planning over the majority of the coastal zone in Tasmania
  • Sewerage treatment
  • Issuing permits for many activities which may impact upon the coastal zone including domestic sewerage treatment
  • Provision of resources to volunteer groups to undertake conservation works in the coastal zone.
Principle legislation
  • Land Use Planning Approvals Act 1993
  • State Coastal Policy 1996 (currently under review)
  • Local Government Act 1193
Policies

No specific Tasmanian local government policies which relate to coastal zone management. Individual councils have quasi policies which exist within their planning schemes.

The proposed State Coastal Policy 2006 is still being finalised The policy (which is established under the State Policies and Projects Act 1993) is a directive for LG planning schemes, and is implemented through planning schemes, with guidance provided from the state govt.

Victoria
Role of local government

Management of Victoria's coastal and marine zone is shared between all three spheres of government. For land above the low water mark, local government is responsible for:

  • land use planning
  • building control
  • approval of waste disposal systems on private land
  • provision and maintenance of stormwater drainage systems, and
  • provision and maintenance of road access within council areas.

In some councils around Port Phillip Bay, municipal planning schemes extend seaward approximately 600m of the low water mark. The land-use planning responsibilities of the council are therefore extended over near shore waters beyond the municipal boundary.

Land-use planning responsibilities include providing direction and planning controls for the location and scale of use and development on the coast, including defining the physical and social form of activity nodes, identifying design outcomes for buildings and structures in foreshore and coastal areas, and seeking to balance development and environmental pressures in a coastal areas.

Councils also assist with the management of foreshore crown land where it acts as the committee of management, or where a committee of management is responsible a council will often provide support and assistance to the committee. Councils also play a broad role in community engagement on coastal issues and often work with a range of community, coastcare and landcare groups in protecting coastal values. Councils play a role in education, provision of council facilities, housing of coordinators and provision of plant and equipment.

Principal legislation
  • Planning and Environment Act 1987
  • Crown Land (reserves) Act 1978
  • Coastal Management Act 1995
  • Local Government Act 1989
  • Catchment and Land Protection Act
Policies

Each local government, including the 22 Victorian councils with a coastal boundary, has a municipal planning scheme prepared under the Planning and Environment Act 1987 which provides the strategic planning policy and statutory control over use, development and protection of land in a municipality. The policy and controls affect all landowners including the Crown. Planning Schemes are an important tool for the implementation of the state policy objectives for the coast. They provide a mechanism for integrating coastal development, management and outcomes by linking across public and private land.

Additionally, each council will adopt under its powers conferred by the Local Government Act 1989, a corporate plan which sets out key strategic direction, budget and programs to be delivered by that council. Councils may have other incorporated plans and strategies, adopted by full council, that will affect and impact on coastal zone management, such as:

  • Foreshore management plans
  • Open Space and recreation plans
  • Local Agenda 21 and local sustainability plans
  • Greenhouse strategies
  • Stormwater and domestic waste water management plans
  • Asset and infrastructure management plans
  • Waste and litter management plans.

Melbourne 2030
Melbourne 2030 is the Victorian Government's strategy to guide the growth of Melbourne. It effects all councils inside the defined urban growth boundary for the city, including those around Port Phillip Bay.

Victorian Coastal Strategy
Under the Coastal Management Act 1995 the Victorian Coastal Council has prepared the Victorian Coastal Strategy (VCS). The VCS establishes the framework for the long term sustainable management of coastal and marine areas in Victoria.

Coastal Spaces
Coastal Spaces is currently in its development phase and looks at for coastal areas outside of the Melbourne 2030 urban growth boundary.

It is a joint project between the Victorian Coastal Council and Department of Sustainability and Environment to help coastal councils protect the character of coastal townships and the open spaces between towns along the coast.

This project will further implement the Government's overall policies for protecting the coast and managing development in coastal Victoria. Coastal Spaces will build on related plans and programs.

Victorian Local Sustainability Accord
The Victorian Local Sustainability Accord is a partnership initiative aimed at progressing cooperation and effective relationships between State and local government on environmental sustainability. It was developed by the State Government and a number of local government representative bodies, including the MAV, and through consultation with the sector.

The Accord recognises that Victorian local governments are directly involved in many successful programs addressing environmental sustainability challenges including greenhouse gas emissions, water quality and resource management, waste management and procurement policies. Additionally, numerous local governments are tackling the integration of social, economic, environmental and cultural concerns into their everyday business, with leading local governments implementing tools such as sustainability reporting and the adoption of integrated approaches to organisational management.

In time councils will be approached by the state government, through the Department of Sustainability and Environment (DSE) to consider becoming a signatory to the Accord. The Accord recognises the varying capacity of councils across the state to deliver environmental sustainability. Therefore, the process for involvement will vary from council to council and will be tailored to suit local conditions, needs and priorities.

Western Australia
Role of local government

Foreshore reserves are generally vested in local governments, which are responsible for their maintenance. Local governments often prepare coastal management plans for specific areas, with the intention to guide decisions about development in a balanced way. These plans may include detailed recommendations for setbacks for development, as well as designating specific areas for particular uses. These plans may be non-statutory, or incorporated in a local government's (statutory) town planning scheme. Local governments may require developers, as a condition of development approval, to prepare detailed foreshore management plans. Local government is also responsible for storm water management and has a role in upstream land use planning.

For more information: Coastal Planning Program Status of Coastal Planning in Western Australia 2004/05

Principal legislation
  • Land Act 1933
  • Local Government Act 1996
  • Control of Vehicles (Off-Road Areas) Act 1978
  • Town Planning and Development Act 1928
  • Metropolitan Region (Town Planning) Scheme Act 1959
Policies

Completed in 1997, the State Planning Strategy provides overarching guidance for land use planning in Western Australia. It sets forth the principles by which planning is carried out. The Draft Coastal Zone Management Policy for Western Australia: For public comment 2001 provides a broad policy framework for planners, managers, developers and users of the coast to operate in. Planning policies are created under section 5A of the Town Planning and Development Act 1928 and must be given due regard. They are meant to prevail over local schemes should any inconsistencies arise. This is dependent on changes to relevant planning legislation. The State Coastal Statement of Planning Policy provides guidance to all involved in coastal planning on issues to be considered when dealing with proposed coastal development.

  • Coastal Zone Management Policy for WA, January 2001
  • State Coastal Statement of Planning Policy

Additionally councils may have incorporated plans and strategies adopted by full council that will affect and impact on coastal zone management such as:

  • Foreshore management plans
  • Coastal management plans
  • Open space and recreational plans
  • Stormwater and domestic waste water management plans
  • Asset and infrastructure management plans

 
Page last updated: 16 February 2006