NSW Legislation
Byron Local Environmental Plan 1988
Part 1 Preliminary
1 Name of plan This plan may be cited as Byron Local Environmental Plan 1988.
2 Aim, objectives and guiding principles (1) Aim The aim of this plan is to promote sustainable development in Byron by furthering the objects of the Environmental Planning and Assessment Act 1979, particularly in regard to— (a) the application to proposed development of guiding principles for the management, development and conservation of natural and human made resources (including natural areas, forests, coastal areas, water, agricultural land, extractive resources, towns, villages and cultural amenities) for the purpose of promoting the social and economic welfare of the community, protecting ecological and cultural heritage and achieving a better environment, (b) the promotion and coordination of the orderly and economic use and development of land, (c) the provision and coordination of community services and facilities, (d) the protection of the environment, including the protection and conservation of native animals and plants, including threatened species, populations and ecological communities and their habitats, (e) the provision of increased opportunity for public involvement and participation in environmental planning and assessment, and (f) the protection and promotion of the use and development of land for arts and cultural activity, including music and other performance arts. (2) Objectives The objectives of this plan are— (a) to enhance individual and community (social and economic) well-being by following a path of economic development that safeguards the welfare of future generations, (b) to provide for equity within and between generations, and (c) to protect biodiversity, and re-establish and enhance essential ecological processes and life support systems. (3) Guiding principles The objectives can be achieved through the implementation of the following guiding principles— (a) The precautionary principle. The precautionary principle means that where there are threats of serious or irreversible damage to the community's ecological, social or economic systems, a lack of complete scientific evidence should not be used as a reason for postponing measures to prevent environmental degradation. In some circumstances this will mean actions will need to be taken to prevent damage even when it is not certain that damage will occur. (b) The principle of intergenerational equity. This principle means that the present generation must ensure that the health, integrity, ecological diversity, and productivity of the environment is at least maintained or preferably enhanced for the benefit of future generations. (c) The principle of conserving biological diversity and ecological integrity. This principle aims to protect, restore and conserve the native biological diversity and enhance or repair ecological processes and systems. (d) The principle of improving the valuation and pricing of social and ecological resources. This principle means that the users of goods and services should pay prices based on the full life cycle costs (including the use of natural resources at their replacement value, the ultimate disposal of any wastes and the repair of any consequent damage). (e) The principle of eliminating or reducing to harmless levels any discharge into the air, water or land of substances or other effects arising from human activities that are likely to cause harm to the environment. (f) The principle of encouraging a strong, growing and diversified economy that promotes local self reliance, and recognises and strengthens the local community and its social capital in ways that safeguard the quality of life of future generations. (g) The principle of providing credible information in open and accountable processes to encourage and assist the effective participation of local communities in decision making.
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