Document ID: chunk:federal_register_of_legislation:F2018L00053:body:0:p7
Version: federal_register_of_legislation:F2018L00053
Segment Type: other
Provision Reference: 
Character Range: 15998–18889

Strategy for Cockatoo Island.
This Management Plan has regard for these existing policies. If or when other Harbour Trust Policies and Guidelines are developed this plan will be reviewed to ensure that they do not impact adversely on the World, National and Commonwealth heritage values.

Statutory Planning Context

Commonwealth Legislation
All 'actions' on Harbour Trust land, undertaken by either the Harbour Trust or on behalf of the Harbour Trust, are controlled by the EPBC Act.
Section 26 of the EPBC Act 1999 protects Commonwealth land from actions taken on or outside it that may have a significant impact on
the environment. Section 28 protects the environment from actions taken by the Commonwealth or a Commonwealth agency that may have a significant impact.
The environment is defined to include:
 1. ecosystems and their constituent parts, including people and communities; and
 2. natural and physical resources; and
 3. the qualities and characteristics of locations, places and areas; and
 4. heritage values of places; and
 5. the social, economic and cultural aspects of a thing mentioned in paragraph (a), (b), (c) or (d) above.
Sections 318 and 341ZC of the Act requires the Harbour Trust to have regard for the World, National and Commonwealth Heritage values of a place before it takes an action, and to minimise the impact that the action might have on those values. This plan includes the World, Commonwealth and National Heritage values taken from the statutory heritage listings of the island.

State Legislation
The Sydney Harbour Federation Trust Act 2001 specifically excludes any land owned by the Harbour Trust from the operations of state planning law. This includes State Policies (SEPPs) and Regional Environmental Plans (REPs) prepared by the State Government and Local Environmental Plans (LEPs) prepared by councils.
Notwithstanding this the Harbour Trust has prepared this plan so that it is consistent with both State and local plans. The relevant state statutory plans are:
Sydney Regional Environmental Plan – Sydney Harbour Catchment 2005
This SREP applies to the whole of Sydney Harbour's waterways, the foreshores and entire harbour catchment. It provides a framework for future planning, development and management of the waterway, heritage items, islands, wetland protection areas and foreshores of Sydney Harbour. Under the SREP, Cockatoo Island is included in the catchment area of Sydney Harbour, as a foreshores and waterways area and is also listed as a strategic foreshore site. Potential impacts on Cockatoo Island resulting from development in NSW are assessed through this instrument. The planning principles of the SREP relevant to the island include:
  * Development that is visible from the waterways or foreshores is to maintain, protect and enhance the unique visual qualities of Sydney Harbour;
  * Development is to protect and,