If you think these new "Standard LEP's" are bad, just wait till they are all through, and then you will see the real reason for them. Our Shire (the Eurobodalla) looks like it is the State test area for a new version of "Biodiversity Certification". It relies on these standard LEP's to come in first, but in our area they are testing it out, so we worked out what its all about.

Biodiversity Certification is basically a forced version of Biobanking.

Few know about it, and fewer understand it. But it is essentially a  Development Rights Credit Trading Scheme! Trading development “Credits” taken from land owners, without Just Compensation, or even a requirement to notify owners. Just like Carbon Trading, only this time designed with the cooperation of all three levels of Government (and environmental groups). It is to be run by councils, the DOP and a State Bureaucracy, called the OEH (Office of Environment and Heritage).

We are aware of three other areas where a type of Biodiversity Certification was done. Wagga Wagga , Albury Wadonga, and one in the Sydney basin. But we are now also aware that these were using an earlier and very different method. So it looks like Eurobodalla is the test shire, and the first to implement it.

It is extremely complicated, and there are 15 different ways it can work. But this is the main one.

First councils use the “Standard Template LEP” to cover undeveloped Urban and Rural land with numerous restrictive “Overlay” maps, and new Environmental zonings, which severely restrict or stop development.

 As mentioned, in our Shire, these covered at least 80% (and probably more) of all the private land area of the Shire. (which is already approximately 90% state forest and national parks)

Councils can then earn 25% Development Credits for land they restrict in this way.

Then when owners on mainly Rural land want to build something, it triggers expensive studies, and funnels most owners into unavoidable “Perpetual Voluntary Agreements”.

 The more council or the OEH restrict the land, the more Credits they can earn, for perpetual agreements its more like 90%.

These “agreements” must then be attached to the owners title deeds, and may now restrict the land forever.

In these agreements land owners may be required to donate large areas of their land, or fence some areas off and maintain it “for the public good”, or donate toward unrelated public infrastructure, or even “Social Services”, or give up ANY property rights the Council or OEH so choose, or even do ongoing physical works or maintenance, even on Public lands, forever!

Payment for these works is dependant on money available in a supposedly “perpetual” fund, and how much council or the OEH agree to reimburse in these so called “agreements”.

These agreements also run with the land (like a perpetual dept) and must be adhered to by any new owners.

Of course, if owners don’t sign the agreement, their applications will be refused, and failure to comply with work orders include severe penalties, including the seizure of properties.

Now this applies equally to urban areas, but with a twist.

The excuse being used by councils for the widespread removal of rural housing entitlements, and sterilizing of rural land, is to drive populations back into Urban Centre’s (for the environment) and to make these urban centre’s higher density.

 But then this does not seem to make any sense, as they also planned to cover undeveloped urban land. (called urban expansion lands) with layers of these same environmental restrictions, which can be more restrictive than a national park!

Let me quote from our councils Settlement Strategy (which guides the direction of the LEP)

“Action NE18: seek biodiversity certification in the new LEP for greenfield existing urban zones, urban expansion zones and rural residential zones,”

Council here are admitting that they have covered all possible urban expansion land with overlay restrictions. Not for environmental reasons, but so they can Biocertify it!

Which is exactly what they did in this small shire. Drawing bizarre straight lines around urban centre’s, with nice circular curves on the corners (seemingly unrelated to vegetation)

Our council even covered the whole eastern section of one town’s commercial centre with ‘biodiversity sensitive lands’ overlays,  and the developed industrial area with the same, plus ‘endangered ecological community’ overlays!   These areas had little or no native vegetation at all, but the effects were to prohibit “ANY” environmental impacts, which is, in effect, a prohibition on all development.

So here is the real motive.

Council, with the DOP and OEH can now control and profit from virtually all future land releases and development.

As, for example, unlocking an area of undeveloped urban land, will now likely require a perpetual agreement, and/or that it to be “Biocertified” first.

This involves packaging an urban area with a nearby rural area. “Taking” credits from the rural owners (now called “offset” lands). Without Just Compensation, or even a requirement to personally notify owners. Then compelling Urban land owners and developers to bargain with council or the OEH for these Development “Credits”, which were ‘taken’ from others.

The deals councils and the OEH make will be in confidential contracts.

 As developers have pointed out, this will make the cost of new urban land very expensive. But as most Rural blocks will loose their building entitlements, or be sterilized with environmental overlays and zonings, there will be little competition or alternatives for future potential buyers. Giving Councils and the OEH total control, and in effect, a massive monopoly control over urban land development, for their own benefit!

Another big plus for Councils and the OEH, is that any urban or rural land they sterilize will then plummet in value. As buyers wont buy useless or uncertain lands, and banks wont lend on it. So whenever they need more land supply. Whole areas of now devalued land can be snapped up by councils (or their big developer friends) for a fraction of the lands true value, and with no competing buyers.

The governments intent is obviously to roll this out across the State, once the LEP’s are in place.

 After speaking to us, the Lismore community questioned the State Bureaucrats at a public protest meeting and asked, how does this fit in with “Biodiversity Certification”?

The Bureaucrats were quite stunned, and said, “we were not going to talk about that, yet!”

Now our area and apparently about 20 others around the state have been fighting hard to stop this, but the only way that will happen is if groups from all areas combine and act as one.

So please email me if your area is one these, or if a land rights group from your area would like to join a joint delegation to confront the Minister?

My email is rogersdamien@aapt.net.au

Thank you 

Previous discussions about LEP's

PLEASE HELP US!                         October 6th 2011

Class action against councils      October 3rd 2011