Environmental planning laws are complex. Correctly understanding your legal position in advance is essential if you want to avoid expensive mistakes. To help you get clearer about what’s involved, below are some common terms that you may encounter.
Bushfire Risk
When planning a development, environmental aspects such as bush fire safety need to be taken into consideration. If your development is on land which is subject to bushfire risk, then special considerations will apply. It is important to be aware that if your land is included within bushfire risk mapping, then this can place serious constraints upon how your land is developed. As well as limiting what you can do in terms of development, it is likely to add significantly to constructions costs as building materials must meet applicable standards. Certain types of development will also require a Bushfire Safety Authority to be issued before the development can proceed.
Environmental Audits
An environmental audit shows the level of compliance from a company in relation to regulations, such as waste management and air quality standards. For current or future developments, they can help companies work towards reducing their impact on the environment.
Environmental Impact Assessment
Certain types of development require an Environmental Impact Assessment to be prepared and submitted with the development application. This document sets out a detailed description of the development that is proposed, an assessment of the impacts it will have, together with any mitigation measures. It is prepared by appropriately qualified consultants.
Local Environment Plans
Within New South Wales, each local council has a Local Environment Plan that sets out the rules which govern the use of land within its a local government area. A Local Environment Plan sets out information relating to the zoning of land and the uses which may be carried out upon land within each zone. It often also includes planning controls relating to maximum building heights, floor space ratio and other key development factors.
Native Title
The Native Title Act 1993 is Commonwealth legislation which established a process for the making of native title claims. This legislation recognises the rights and interests of Aboriginal and Torres Strait Islander to claim such rights according to their traditional laws and customs. This should be distinguished from the protection of Aboriginal culture and heritage by other means, such as the provisions of the National Parks and Wildlife Act 1974. These provisions are intended to protect Aboriginal objects and places from harm any may involve a consultation process in relation to specific development.
Statement of Environmental Effects
Although the majority of development does not require an Environmental Impact Assessment to be prepared, it will be necessary to lodge a Statement of Environmental Effects with a development application. This sets out a description of the development along with an assessment of the proposed development measured against all applicable planning controls. Usually this is prepared by a town planning consultant, and is accompanied by other reports relevant to the particular development such as acoustic, geotechnical or heritage reports.
If you are planning any type of property development, or want to ensure compliance of your business with applicable environmental planning laws get in touch with Hones Lawyers today at (02) 8318 0788 or contact us here to book a consultation.
