Chris Dobney
Byron Shire Council has extended the period of review for its revised environmental zones to December 8 following widespread interest from landholders in the process.
Environmental zones were excised from the Local Environment Plans of five Northern Rivers councils in 2012 by the former local government minister, then Ballina National Party MP Don Page.
Mr Page’s actions headed off a revolt by many landholders who claimed councils were unfairly using E-zones to penalise farmers participating in Landcare and similar voluntary regeneration programs.
Some five years later, the resulting review of E2 (environment protection) zones and E3 (environment management) zones requires that they be applied by councils only if conservation has been the primary use of the land over the past two years.
Grazing allowed
The proposal goes further to head off complaints by farmers by allowing grazing in the understorey of both zones, something that will likely raise the ire of conservationists.
The Department of Planning and Environment (DoPE) review says, ‘The criteria for the application of the E2 zone will ensure that it is only applied to land containing vegetation with significant environmental attributes that is being used primarily for environmental conservation purposes.
‘Listing extensive agriculture as “permitted with development consent” in the E2 zone land use table, would ensure farmers do not have to rely on “existing use rights” if an E2 zone is applied to land that is being used for agricultural activities.
‘It will also provide opportunity for new agricultural activities that may be consistent with the E2 zone objectives, to be considered by a council through a development application process.
‘Such activities would constitute those that do not destroy, damage or have an adverse effect on areas of high ecological, scientific or cultural values. This is expected to be limited to activities such as understorey grazing.’
Penalising those who do the right thing
Despite the considerable concessions, not all landholders are happy with the arrangements: one who wished to remain anonymous wrote to Echonetdaily saying he felt he was being penalised for doing the right thing.
‘People who still have vegetation on their property – i.e. have not bulldozed it – are been scapegoated by council. They are [the ones] having constraints placed upon them.
‘Whereas those who are bulldozing, in some cases to build additional dwellings – some illegal – for profit, are being encouraged and rewarded.
‘If the zones are to be imposed, should not they be on those who’ve already damaged the environment?
The writer gave the example of ‘property A’, which he said has six neighbouring properties on the boundary fence.
‘Two have carried out extensive excavation work involving the removal of native vegetation and the destruction of natural watercourses damaging property A.
‘Another property is a macadamia plantation and another has been used for commercial activity that is illegal in its zone.
‘But it is A that has been notified of potential E zoning. Neighbouring properties appear to have council’s blessing,’ he said.
Capitulation to the Nats
But Wayne Penn of Binna Burra, who has an E2 zoning pending on his property is concerned that the new rules appear to override an ‘in perpetuity’ Registered Property Agreement entered into by a previous owner with the then NSW Department of Land and Water Conservation in 1999.
‘Part of that agreement requires the owner to “exclude grazing by domestic stock from the agreement area”,’ he told Echonetdaily.
‘I do not farm my land but it appears anyone who was to buy it from me could now legally allow cattle to trample and graze on the precious understorey of this very fragile ecosystem.
‘By comparison, under the new agreement, I would be prevented from undertaking activities that are much more compatible with an E2 zoning, for example: bed and breakfast accommodation, primitive camping, ecotourism or passive recreation.
‘This seems like a complete contradiction in priorities to me – and a complete capitulation to National Party interests,’ Mr Penn said.
Byron Shire landholders who have E2 or E3 zones pending on part of their properties should have received a letter from council dated October 9 encouraging them to go to council’s website for further information and/or to request a review.
Byron Shire Council was approached several times for comment for this article but failed to respond by deadline.
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