The Jervis Bay Leek Orchid - a case study of the consideration given to threatened species conservation in strategic land use planning and development control processes in NSW
RIS ID
36460
Abstract
A case study of the decision-making process relating to a residential and commercial development on land in NSW where key populations of a Ii ted endangered 'pecic of flora, the Jervis Bay Leek Orchid (PrasophyllunJ affine), are located is used to illustrate how threatened species con ervation is considered in decision-making processes at both the strategic land use planning level and during the subsequent development control process. While threatened species considerations can influence decision-making processes, landholder and community expectations generated by historical policy docwnents based on inadequate ecological survey data, which have no legal standing, ensure that the focus is not on whether development should be approved but on the conditions to be attached. In this context, Commonwealth decision-making processes under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) do not simply duplicate NSW processes but provide important checks and balances. Recovery planning, while significant in terms of generating important ecological data, has limited influence on decision-making processes relating to proposed development, although under the Commonwealth legislation recovery plans have the potential to playa more significant role if they are more precisely worded.
Publication Details
A. Langdon & M. D. Farrier, 'The Jervis Bay Leek Orchid - a case study of the consideration given to threatened species conservation in strategic land use planning and development control processes in NSW' (2010) 13 (2) The Australasian Journal of Natural Resources Law and Policy 195-227.