Wagga Wagga Local Environmental Plan 1985 (Amendment No 51) (2003-82) [GG No 33 of 31.1.2003, p 704] (NSW)

2003 No 82

New South Wales

Wagga Wagga Local Environmental

Plan 1985 (Amendment No 51)

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (Q97/00082/S69)

ANDREW REFSHAUGE, M.P.,

Minister for Planning

Published in Gazette No 33 of 31 January 2003, page 704	Page 1
2003 No 82

Clause 1 Wagga Wagga Local Environmental Plan 1985 (Amendment No 51)

Wagga Wagga Local Environmental Plan 1985

(Amendment No 51)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Wagga Wagga Local Environmental Plan 1985

(Amendment No 51).

2      Aim of plan

The aim of this plan is to amend Wagga Wagga Local Environmental Plan 1985 to make the promotion of ecologically sustainable development an aim of that plan.

3      Land to which plan applies

This plan applies to all land to which Wagga Wagga Local

Environmental Plan 1985 applies.

4 Amendment of Wagga Wagga Local Environmental Plan 1985

Wagga Wagga Local Environmental Plan 1985 is amended as set out in Schedule 1.

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2003 No 82

Wagga Wagga Local Environmental Plan 1985 (Amendment No 51)

Amendments	Schedule 1
Schedule 1 Amendments

(Clause 4)

[1]      Clause 2 Aims, objectives etc

Insert “as follows” after “The particular aims of the plan are” in clause 2

(2).

[2]      Clause 2 (2) (h)

Omit “area, and”. Insert instead “area,”.

[3]      Clause 2 (2) (j)

Insert after clause 2 (2) (i):

(j) to promote ecologically sustainable development.

[4]      Clause 5 Interpretation

Insert in alphabetical order in clause 5 (1):

ecologically sustainable development means development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs (as derived from the “Brundtland Report” (1990) on Environment and Development). The principles of ecological sustainability are set out in Schedule 1.

[5]      Schedule 2

Insert after Schedule 1:

Schedule 2 Principles of ecological sustainability

(Clause 5 (1))

The following are principles of ecological sustainability:

1      The precautionary principle

Where there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing environmental degradation.

In the application of the precautionary principle, public and private decisions should be guided by:

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2003 No 82

Wagga Wagga Local Environmental Plan 1985 (Amendment No 51)

Schedule 1 Amendments

(a)	carefulevaluationtoavoid,whereverpracticable, serious or irreversible damage to the environment, and
(b)	an assessment of the risk-weighted consequences of various options.

The principle requires decision-making to give the environment the benefit of the doubt.

2      Intergenerational equity

The present generation should ensure that the health, diversity and productivity of the environment are maintained or enhanced for the benefit of future generations (that is, a partnership among all of the generations that may use or expect to benefit from the nation’s resources).

3      Conservation of biological diversity and ecological integrity

Conservation of biological diversity and ecological integrity should be a fundamental consideration.

4      Improved valuation, pricing and incentive mechanisms

Environmental factors should be included in the valuation of assets and services:

(a)	polluter pays (that is, those who generate pollution and waste should bear the cost of containment, avoidance or abatement), and
(b)	the users of goods and services should pay prices based on the full cycle costs of providing goods and services, including the use of natural resources and assets and the ultimate disposal of any waste, and
(c)	environmental goals having been established should be pursued in the most cost-effective way by establishing incentive structures, including market mechanisms which enable those best placed to maximise benefits or minimise costs to develop their own solutions and responses to environmental problems.

BY AUTHORITY

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