New South Wales Consolidated Regulations

WENTWORTH LOCAL ENVIRONMENTAL PLAN 2011 - REG 7.11

7.11 Development in Willandra Lakes Region World Heritage Property

(1) The objective of this clause is to protect, conserve and manage the Willandra Lakes Region World Heritage Property (the
"World Heritage Property" ) in accordance with--

(a) a strategic plan of management prepared in relation to the World Heritage Property, and

(b) international obligations applicable to the World Heritage Property.

(2) This clause applies to land identified as the Willandra Lakes Region World Heritage Property on the World Heritage Property Map .

(3) In deciding whether to grant development consent to development on the World Heritage Property, the consent authority must consult with the World Heritage Advisory Committee by giving written notice to the Committee that--

(a) describes the development, and

(b) asks the Committee to--

(i) comment on the impact of the development on the World Heritage Property, including the outstanding universal values of the World Heritage Property, and

(ii) specify requirements that, in the Committee's opinion, should apply to the development in relation to managing the impact.

(4) In deciding whether to grant development consent to development on the World Heritage Property, the consent authority must consider the following--

(a) the objective of this clause,

(b) the plan of management prepared for Mungo National Park under the National Parks and Wildlife Act 1974 , if applicable,

(c) a strategic plan of management,

(d) a relevant individual property plan,

(e) a response received from the World Heritage Advisory Committee within the consultation period in relation to the impact of the development on the World Heritage Property.

(5) Development consent must not be granted to development on the World Heritage Property unless the consent authority is satisfied the development will comply with any requirements specified by the World Heritage Advisory Committee in relation to managing the impact of the development.

(6) In this clause--

"consultation period" means--

(a) 60 days from the date on which the World Heritage Advisory Committee receives the notice under subclause (3), or

(b) if the World Heritage Advisory Committee gives the consent authority written notice within 60 days after receiving the notice under subclause (3) that the Committee requires additional time to respond--120 days from the date on which the Committee receives the notice under subclause (3).

"individual property plan" means--

(a) in relation to land that is part of the World Heritage Property--a plan for managing the land that is--

(i) prepared by the owner of the land, and

(ii) approved by the Minister administering the Crown Land Management Act 2016 , or

(b) a plan that was an individual property plan under State Environmental Planning Policy (Biodiversity and Conservation) 2021 , Chapter 12 immediately before its repeal.

"outstanding universal values" of the World Heritage Property means the features of the World Heritage Property described in the Operational Guidelines for the Implementation of the World Heritage Convention , clause 77, criteria (iii) and (viii), dated 31 July 2021 and published by the UNESCO World Heritage Centre.

Note--: Criteria (iii) and (viii) are adopted for the World Heritage Property in decision 37 COM 8E (2013) of the World Heritage Committee.
Criterion (iii) requires a property to bear a unique or at least exceptional testimony to a cultural tradition or to a civilization which is living or which has disappeared.
Criterion (viii) requires a property to be an outstanding example representing major stages of earth's history, including the record of life, significant ongoing geological processes in the development of landforms, or significant geomorphic or physiographic features.

"strategic plan of management" means--

(a) the document entitled Sustaining the Willandra published by the Department of Environment, Sport and Territories in 1996, including the Willandra Lakes Region Operational Plan, or

(b) a plan for managing the World Heritage Property that is prepared and implemented in accordance with the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth, section 321.

"World Heritage Advisory Committee" means the Willandra Lakes Region World Heritage Advisory Committee established under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth, section 511.