The Planning Proposal to Remove Enabling Clause 7.15 from the Tweed Local Environmental Plan 2014 for Water Bottling Facilities in the RU2 Zone was placed on public exhibition from 20 August to 17 September 2019. Exhibition is now complete.

Background

Water extraction and bottling facilities are located in various rural areas in the Tweed. These were largely established under the Tweed Local Environmental Plan (LEP) 2000 when their the use fell within the definition of a “rural industry” and was permitted with development consent in the rural zones

In 2014, Council redrafted the Tweed LEP which included a change to the definition of ‘rural industry’ (required by the LEP template dictionary). This new definition meant that water extraction and bottling facilities were no longer permitted in rural zones and caused a situation where the long term feasibility of existing water extraction/bottling operations was at risk.

In the interest of representing the private interests of existing water extraction/bottling operators, Tweed Shire Council sought to amend the Tweed LEP 2014 to again allow water extraction within the rural zones by introducing a new definition (within clause 7.15, an additional local provision enabling clause). This amendment was made in June 2016.

However, during the public exhibition of this amendment and subsequently, the community has expressed a perception that water belongs to the community and should not be used for private profit. It has raised concerns about conflicting land uses and impacts on agricultural land, reservations about the potential long-term impacts of water extraction and concern over the potential impacts that heavy vehicles transporting extracted water will have on the safety and amenity of the local road network.

Current planning proposal to remove Clause 7.15 from LEP 2014

As a result of this widespread community concern, at its meeting in November 2018, Council resolved to prepare a planning proposal to remove clause 7.15 from the Tweed LEP 2014 in light of the precautionary principle. The precautionary principle is used by policy makers to justify discretionary decisions in situations where there is the possibility of harm from making a certain decision (e.g. taking a particular course of action) when extensive scientific knowledge on the matter is lacking. The principle implies that there is a social responsibility to protect the public from exposure to harm, when scientific investigation has found a plausible risk. In this case, the precautionary principle refers to the long term sustainability of water extraction, concerns about safety and amenity, wear and tear on unsuitable rural roads, and the high level of opposition in the community for this activity.

The current planning proposal has been prepared in response to this latest Council resolution and is comprised of the following parts:

Part 1 outlines the objectives and intended outcomes of the proposed amendments.
Part 2 explains the provisions through which the amendment will take place.
Part 3 seeks to justify the need to amend the Tweed LEP 2014 against the statutory framework and is followed by an outline of community consultation proposed for the process and an indicative timeline.

Have your Say

The Planning Proposal to Remove Enabling Clause 7.15 for Water Bottling Facilities in the RU2 Zone is currently on exhibition. You are invited to make a submission before 4pm Tuesday 17 September 2019 using one of the following methods:

Online Make a submission using the online form below

Email Send your submission to TSC@tweed.nsw.gov.au Subject: Draft Planning Proposal PP18/0004

Mail Draft Planning Proposal PP18/0004
General Manager
Tweed Shire Council
PO Box 816
Murwillumbah, NSW 2484

All submissions must be received by 4pm on Tuesday 17 September 2019.

Make a Submission - Water Bottling