Overview

Planning process in detail

The Comprehensive Plan

Management Plans

Harbour Trust: Planning

The Plan: Implementation

Preparation of Management Plans, Supporting Policies and Guidelines

Preparation of Management Plans, Supporting Policies and Guidelines
An essential element in the implementation of the Plan is the development of more detailed management plans for specific sites or buildings and supporting policies and guidelines for issues like public consultation. The purpose of these detailed plans, policies and guidelines is to provide more information about the matters addressed in the Plan. They will be a refinement of the Plan.

This section describes the process for the preparation and adoption of management plans, policies and guidelines. Most importantly it empowers these plans by making them a mandatory prerequisite for most decisions about proposed activities or developments relating to Trust land sites.

It is not anticipated that all management plans, policies and guidelines will be prepared concurrently. The implementation of the Plan will take place over several years and it is not necessary for all of the plans to be in place to facilitate individual projects. Detailed plans will be prepared on a prioritised needs basis over the total implementation period of the Plan.

Management Plans

Management plans are detailed plans that describe specific outcomes for each site. They provide a context and standards to guide the way particular sites are developed, adaptively reused or conserved.

Before an action is determined by the Trust, a management plan must have been adopted for the site of the proposed action. Actions are defined in the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and are similar to the concept of development in the State planning legislation. The process relating to the determination of an action is described in the next section of the Plan. The requirement that a Management plan be adopted before an action is determined does not apply to an action that:

• is of a minor nature
• does not have a significant environmental impact
• is of essential maintenance
• protects the health and safety of persons
• is temporary
• is an action declared by the Minister under section 32 of the EPBC Act not to require consent

Preparation of Management Plans

A management plan may be prepared by or on behalf of the Trust and may be for:

• Whole site - such as Macquarie Lightstation
• Individual precincts - such as Chowder Bay or the parkland area at Woolwich
• Individual buildings or sites - such as the Officers' Mess at Georges Heights
• Thematic issues - such as bush fire management or transport management

A management plan must:

• Be consistent with the environmental and land use outcomes identified in this Plan
• Demonstrate how the Plan's objectives and policies are to be achieved and implemented
• Demonstrate how it integrates with the planning for the adjoining lands
• Be exhibited for public comment prior to adoption by the Trust

The process for the preparation and approval of a management plan is set out in Figure 11.1 (PDF 98kb) Process for the Preparation and Approval of a Management Plan and Supporting Policies.

Supporting Policies and Best Practice Guidelines

In addition to management plans the Trust will develop more detailed supporting policies for overarching issues such as:

• Its commitment to ESD and Total Catchment Management
• Matters such as public access, leasing and transport

Like management plans, supporting policies must be:

• Consistent with the Plan's objectives and policies and the land-use and environmental outcomes described in the Plan
• Exhibited for public comment prior to adoption by the Trust

The Trust will also adopt best practice guidelines to prescribe the way in which particular activities such as bush regeneration, remediation and construction are carried out. For example, best practice guidelines will be prepared to guide:

• The action that a contractor should take in the event that construction work uncovers an archaeological relic
• The procedures to be followed by bush regenerators to avoid the spread of the root rot disease, phytophthora

Best practice guidelines will be adopted as internal working documents and will not be required to go through the same formal approval process as management plans or supporting policies. However, they will be made publicly available.

Consultation During the Preparation of Management Plans and Supporting Policies

During the preparation of management plans and supporting policies the Trust will consult with the following agencies and groups where their core expertise or interest is a relevant consideration:

• Environment Australia re Environment Protection and Biodiversity Conservation Act and AHC Act
• The NSW National Parks & Wildlife Service in respect of matters relating to the NSW Threatened Species Conservation Act and Aboriginal heritage and any other relevant matters
• The NSW Fire Brigades in respect of matters relating to fire management
• The NSW Environment Protection Authority in respect of matters relating to contamination and remediation
• The Australian Heritage Commission in respect of matters relating to heritage conservation
• Planning NSW and the Council for the adjoining area for matters relating to land-use planning and any other relevant matter
• The Community Advisory Committee
• Waterways Authority of NSW in respect of matters relating to the management of the harbour such as the provision of wharves, pontoons, boat ramps and associated foreshore works
• Any other agency or group that has a special knowledge or interest that is relevant to the specific plan area

Public Exhibition of Draft Management Plans and Supporting Policies

Prior to the adoption of a management plan or supporting policy, the Trust will also invite members of the public to make submissions in respect of the draft plan or policy. To facilitate this, the Trust will make the draft plan or policy available to the public and will give notice in a newspaper circulating in the area concerned, advising of:

• The place and times during which the plan or policy can be viewed
• The period during which submissions may be made; this period should not be less than 28 days
• The address to which submissions should be sent

Approval of Management Plans and Supporting Policies

Management plans and supporting policies are approved by the Trust Board.

When considering draft plan or supporting policy the Trust will:

• Ensure that it is consistent with the objects of the Trust's Act
• Ensure that it is consistent with this Plan, including any subsequent amendments to it
• Take into account any advice received as a result of its consultation during the preparation of the plan
• Take into account any submissions received from the public

After considering all these matters the Trust Board may:

• Approve the draft plan or policy with or without alteration
• Decide not to proceed with the draft
• Amend the draft and where the changes are considered to be significant re-exhibit it for further public comment

The Trust will make all management plans and supporting policies publicly available.

The process for the preparation and approval of a management plan or supporting policy is set out in Figure 11.1 (PDF 98kb) Process for the Preparation and Approval of a Management Plan and Supporting Policies

Amendment or Repeal of a Management Plan and Supporting Policy

The Trust may at any time amend or repeal a management plan or policy. In the case of a significant amendment to the substance of a plan or policy the Trust will follow the process outlined for the initial preparation of the plan or policy. However, where the amendment is of a minor nature and does not affect the intent or operations of the management plan or supporting policy in a significant way this is not necessary.

When a Management Plan or Supporting Policy takes effect

Management plans and supporting policies take effect from the date that they are formally adopted by the Trust or such later date as is stated in the plan or policy.

Compliance with a Management Plan or Supporting Policy

The Trust and all other Commonwealth bodies must act in accordance with an adopted management plan and supporting policies.

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Assessment and Approval Procedures

Implementation of the Plan will involve many decisions about matters like the assessment and approval of proposed actions or development, the granting of leases, setting of priorities etc. To guide the Trust when making these decisions and to provide for open and transparent decision-making, the Plan includes specific approval and assessment processes.

Control and Assessment of Proposed Actions

Actions that are likely to have a significant impact on the environment are required to go through an assessment prior to determination. This process is illustrated in Figure 11.2 (PDF 98kb) Assessment Process of Proposed Action.

Actions are defined in section 523 of the Commonwealth Environment Protection and Biodiversity Conservation Act, 1999 (EPBC Act) and include:

• A project
• Development
• The use of any land
• The subdivision of land
• The erection of a building
• The carrying out of a work
• The demolition of a building or work

A decision to grant a licence, a permit or to provide funding is not an action.

The definition of action is similar to the commonly understood meaning of development and the definition of development contained in the NSW Environmental Planning and Assessment Act, 1979.

Relationship with the EPBC Act 1999 - the AHC Act 1975

The assessment and determination of an action under this plan does not obviate the need for consideration under the EPBC Act or the AHC Act.

Section 26 of the EPBC Act protects all aspects of the environment (natural and cultural) on Trust land from actions that may have a significant impact, while Section 28 protects the environment from those actions of the Trust, which may have a significant impact. However, in the longer term it is the Trust's intention to seek accreditation for this plan in accordance with Section 33 of the EPBC Act and a Ministerial declaration that actions approved in accordance with this plan do not require approval under Part 9 of the EPBC Act.

Many of the Trust's buildings and sites are listed on the Register of the National Estate. Section 30 of the AHC Act places direct heritage obligations on the Trust and require the Trust to consult with the Australian Heritage Commission when actions are proposed that could have a significant effect on the national estate values of a listed place.

What Actions do not Require Consent?

For the purposes of this Plan certain minor actions are not required to comply with the formal approval processes described in the Plan. Consent is not required for any action that is:

• Consistent with Section 28 of the EPBC Act - that is, it does not have or is not likely to have a significant impact on the environment
• An action declared by the Minister under Section 32 of the EPBC Act not to need consent
• Of a minor nature
• Essential maintenance
• To protect the health and safety of persons
• Temporary
• A decision by the Trust or some other government body to grant a government authorisation for another person to take an action
• A decision to grant a licence, a permit or to provide funding is not an action

To determine whether a proposed action falls within one of the above categories the Trust will undertake an initial assessment and to demonstrate that the action is consistent with the relevant section of the EPBC Act or the literal meaning of the category.

Consent Authority

All other actions require the consent of the Trust or the relevant Commonwealth body and will be assessed in accordance with the approval process described in the following sections of this Plan. This process has been developed to mirror the requirements of the:

• Environmental Protection and Biodiversity Conservation Act 1999
• Australian Heritage Commission Act 1975

Public Involvement and Exhibition of Proposed Actions

Prior to the determination of an action that requires consent in accordance with this Plan, the Trust will invite members of the public to make submissions in respect of the proposal. To facilitate this, the Trust will make the proposal available to the public and will give notice in a newspaper circulating in the area concerned, advising of:

• The place and times during which the proposal can be viewed
• The period during which submissions may be made; this period will not be less than 14 days for minor matters and not less than 28 days for matters that because of their magnitude or complexity are likely to be of significant community interest
• The address to which submissions should be sent

Consultation

Prior to the determination of an action that requires consent in accordance with this Plan, the Trust will consult with those Commonwealth, State and Local Government agencies that it considers have a substantial interest in the proposal or which are able to contribute special knowledge to the assessment.

Where an action is the same as a recently approved management plan and is simply implementing the Plan further consultation is not required.

What Matters must be Considered when Assessing an Action?

In deciding whether to grant consent to an action the approving authority must ensure that the proposal implements the provisions of:

• This Plan and in particular its objectives and policies
• The management plan and any supporting policy or best practice guidelines that are relevant to the proposed action
• The Sydney Harbour Federation Trust Act 2001 and any other relevant Commonwealth Act

It will also take into consideration:

• Any advice received as a consequence of the exhibition of the proposal
• Any advice received from a government body

The process for assessment of proposed actions is illustrated in Figure 11.2 (PDF 98kb) Assessment Process of Proposed Action.

Combined Approval of a Management Plan and an Action

Where a management plan has been developed to a level of detail consistent with that normally associated with the assessment of an action, the Trust can choose to undertake a single assessment and determination that satisfies the requirements of this Plan for both the approval of a management plan and an action. Where a joint management plan/action is assessed under these circumstances a single exhibition and consultation process is adequate to satisfy the requirements of the Plan.

Approval of Leases

The Trust is responsible for an extensive array of built assets. Ongoing conservation of these assets and public access to them will be assisted by their adaptive re-use and in some cases the leasing of some properties.

The management and leasing of public assets is a process that requires transparency, public consultation and consistent market related procedures. To achieve this the Trust will prepare a detailed implementation policy relating to both the leasing and community use of its lands.

In general the Policy will include the following principles:

• Uses must be compatible with the goals and objectives of the Trust and the outcomes and overarching objectives and policies described in the Trust's Plan
• Premises will be offered through a publicly transparent and competitive process such as a call for "Expression of Interest" or a "Request for Qualifications" process
• Rentals and occupation terms will generally be market based. However, the Trust will permit some community groups to occupy buildings at rentals less then full market rates. The Trust will implement a contestable process to select such community groups
• All site and building maintenance or alterations will be strictly controlled by the Trust
• User selection criteria will be stated for individual properties

These selection criteria will vary for different buildings but will include at least the following criteria:

• Compatibility with the Trust's objectives particularly those relating to heritage, environmental protection and public access
• The contribution that the proposal makes to the implementation of this Plan
• Compliance with any Trust supporting policies, best practice guidelines and management plan (including a conservation management plan) applying to the site
• Suitability of the use for the location
• The impact of the activity on surrounding areas including traffic impacts, impacts on the surrounding natural environment and matters such as noise and light
• The economic package offered by the user

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Monitoring and Review of the Plan

During implementation, the Plan and its objectives will be continuously monitored and reviewed.

Key Performance Indicators (KPIs) will be developed that reflect the commitments and policies made in the Plan. These KPIs will be measured by collecting data, both quantitative and qualitative, so that the Trust can monitor and continually improve the outcomes of the Plan for the benefit of the people of Australia, the environment and heritage.

KPIs, for example, could include:

• Improve surface water quality
• Improve public access
• Improve biodiversity
• Reduce waste and increase recycling
• Reduce reliance on Government funding
• Remediate contamination

KPIs will be developed in consultation with stakeholders and will be published on the Trust website.

Amendments to the Plan

Under the Trust's Act, the Plan will take effect for the Plan area or part of the Plan area once the Minister has notified approval of the Plan. The Trust must begin to implement the Plan as soon as practicable after it has taken effect.

Once the Plan has taken effect, any additions made to the Plan area, or any changes made to the Plan would require an amendment to the Plan.

The preparation of an amendment to the Plan must be carried out in the same way as the process of the preparation of this Plan.

Additions to the Plan Area

The is outlined in Figure 11.3 (PDF 99kb) Process for Plan Preparation and Amendment.

The Trust's Act anticipates that the Trust may be given custodianship of sites that are additional to those formally identified as Trust land sites. Schedule 1 of the Act identifies Middle Head, Georges Heights, Chowder Bay, Woolwich Dock and Cockatoo Island as Trust land sites and therefore land for which the Trust must prepare a Plan within two years of the commencement of the Act.

The Minister can add to these sites by specifying that any other harbour land that is a Commonwealth place is a Trust land site and once this happens the Trust is required to prepare a Plan within two years. Snapper Island, Macquarie Lightstation and the former Marine Biological Station at Camp Cove have all been added as Trust land sites in this way.

The Trust's Plan can also cover any Harbour land that is not vested in the Trust. However, the Plan only has statutory effect once the land is vested in the Trust. Harbour land is defined in the Act as land in the Sydney Harbour Region and includes Sydney Harbour's river system, catchment area and North and South Head. The former Artillery School at North Head, HMAS Penguin and the Australian Institute of Police Management have been included in the Trust's Plan as Harbour land and although the Trust's Plan is not legally binding it does provide a holistic Planning context for decisions relating to the future of these lands.

The creation of new Trust land sites after the approval of this Plan raises the issue of how these sites can be incorporated into the Plan. The structure of the Plan allows new sites to be added quite simply. There is no need for a new stand-alone Plan to be prepared. The whole of harbour values and principles in Part A and the machinery provisions in Part C apply to all Trust land sites equally and accordingly there is no need for them to be duplicated. To add a new site to the Plan, a discrete section containing the specific information relevant to the new site will be added to Part B as an amendment.

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Cost of Implementation and Potential for Revenue

The Trust land sites, the former School of Artillery and the Royal Australian Artillery National Museum at North Head have an area of approximately 145 hectares including a substantial amount of open space and bushland and over 400 buildings many of which are of national heritage significance. The conservation and rehabilitation of these lands to make them usable by the public will involve significant costs over the implementation period of the Plan. In anticipation of this the Trust Act requires that the Plan include "detailed estimates of costs which may be incurred in respect of the area, including costs of remediation, rehabilitation, and conservation of the area."

In arriving at these costs, consideration has to be given to the past use of the land. Much of it has been in military and industrial use for over 100 years. During this time public access has been restricted and the uses and the way in which the land was developed reflected the needs of the military and heavy industry.

Some of the costs implications arising from these historical uses include:

• The buildings were designed for military and industrial use and very few comply with the Building Code of Australia for matters such as disabled access, fire protection and emergency egress
• Many of the past uses have left sites and buildings contaminated and significant remediation work is required before the lands can be used by the public
• Little long-term maintenance was carried out in recent years. This is particularly evident with services and infrastructure. As a consequence the infrastructure is generally in poor condition. General maintenance of buildings has also been minimal over recent years and there is a considerable backlog of maintenance work required
• Many of the buildings and locations are of national heritage significance and their restoration and conservation is both costly and time consuming with the potential for significant unknown factors to arise when work is being undertaken

Detailed Cost Estimates

Cost estimates have been compiled for remediation, rehabilitation of buildings, conservation works, the provision of public access, the provision or public amenities, and associated operational costs.

These cost estimates were prepared by an independent quantity surveyor and include an amount for the work at the former School of Artillery at North Head. The site of the school is owned by the NSW Government and accordingly it is identified as a Harbour Land Site in this Plan. The Trust's power to carry out implementation works on a Harbour Land Site is limited. To facilitate the implementation of the Plan it is essential that the land is vested in the Trust. If agreement is not reached on this matter the cost of this work will be eliminated from the estimates.

A number of principles were established and assumptions made in preparing these estimates. These include:

• All estimates are based on costs prevailing as at September 2002, and do not take into account the effect of inflation
• The estimates were based upon the version of the Plan as amended to include the comments of the Community Advisory Committee at the meeting held 18th August 2002
• The estimates for remediation costs were based on previous studies and other information provided by Defence Estate. The assumed standard for remediation is in accordance with the guiding principles contained elsewhere in this Plan. These standards require compliance with the appropriate Commonwealth and State legislation and policy. It should be noted that this legislation and policy may change in the future resulting in an increase in cost
• The estimates relate to work to be carried out on the existing buildings and lands. The estimates include provisions for the demolition of some buildings, and for the rehabilitation of buildings suitable for rehabilitation and adaptive reuse. The estimates do not include provisions for the construction of new buildings
• The estimates are summarised into the cost categories outlined in the Trust's legislation. There were some assumptions required in this allocation process. For example, some building remediation works may contain items of public access, conservation, and remediation expenditure
• The Trust has had limited access to certain of the sites. For example, the sites occupied by One Commando Company and Training Command at Middle Head. The estimates for these sites are based on information supplied by Defence Estate together with some reports prepared for the Trust. The limited access that the Trust has had to the sites reduces the level of confidence in the estimates and the costs may increase following a detailed review of the sites.
• The cost estimates assume the works are carried out in a programmed and efficient order

Accordingly the detailed costs provided are in accordance with the Trust's Act, but must be regarded as provisional and subject to revision as remediation, rehabilitation and conservation work is undertaken on specific sites and buildings. It is likely that the costs will be revised upwards over time. The Trust will report annually to the Minister on the revision of cost estimates.

Project Cost Details

Trust Operational and Maintenance Costs

In addition to the cost of remediation, rehabilitation and conservation projects, there will be costs associated with the Trust's ongoing responsibilities to undertake detailed design and Planning of the sites, to insure its assets, to provide security to the lands and buildings, to undertake routine maintenance and to enable the buildings and lands to meet health and safety requirements for use by the public.

There is also a need for an administrative support structure together with a communications and a community education program to inform the public about the lands and their significance.

The composition of these operational costs will change over time as parts of the lands are rehabilitated and occupied. For example, the cost of security will decrease as some buildings become occupied. However, the estate management costs of the Trust will increase.

The following assumptions were made in estimating these costs:

• All estimates are based on costs prevailing as at September 2002 and do not take into account the effect of inflation or changes in legislation such as the Building Code of Australia
• The estimates assume a seven year program, commencing July 2003, to complete all of the required project and planning works
• The estimates assume a programmed development of the sites enabling efficient use of Trust staff and resources

The Trust is required to forecast its operational and maintenance costs for a seven year period. Some of these costs are inherently volatile, for example, insurance. Accordingly the costs provided must be regarded as provisional and subject to revision as more knowledge of these costs is obtained in the future. The Trust will report annually to the Minister with an update of the maintenance and operating costs.

Maintenance and operating cost details

The Potential for the Trust to Generate Income

The cost of implementing the Plan does not have to be met entirely from public sources. There is the potential to offset the ongoing costs of implementation by the rehabilitation, adaptive re-use and lease of some of the buildings. This income will increase over time as a greater number of buildings are rehabilitated and are available for leasing.

Such uses can provide income whilst maintaining public access to the sites. This income can be used to reduce the ongoing costs of land and public area maintenance, site remediation and for the improvement of public access to the lands.

However, there is a very direct relationship between the potential rental income and the extent of building rehabilitation undertaken. Full rehabilitation to a standard that enables a user to occupy a building with little further expenditure will provide the highest gross rental. Conversely rehabilitation that is limited to essential remediation and building compliance works may still leave substantial building refurbishment costs to be undertaken by the user. Under these circumstances the rent received by the Trust will be less.

The objective for the Trust is to find the appropriate balance between building rehabilitation, expenditure, and net income. Accordingly the revenue forecasts and the rehabilitation costs have been prepared on the assumption that the Trust will only undertake full rehabilitation of buildings with significant heritage value. For buildings that do not have significant heritage value the cost estimates assume that the Trust will carry out remediation, structural and services rehabilitation so that the building is waterproof and complies with relevant BCA standards. Other building improvement work is assumed to be at the expense of the user.

Consultant valuers have prepared rental estimates for the Trust's buildings. These estimates assume normal commercial leases for the buildings and are prepared on a net of outgoings basis. The rental estimates contain a range, depending on the likely use of individual buildings.

These estimates indicate that the Trust can expect a net annual revenue of between $8 million and $12 million per annum once the remediation and rehabilitation works are completed. The rental estimates also indicate that revenue of $27.8 million will be earned during the seven year project completion period.

These income projections include rental and other incomes generated by the former School of Artillery at North Head. In the event that the tenure of the school is not vested in the Trust these projections will have to be revised downwards to eliminate the estimated income from this source. A further potential source of income is from the sale of land. The Act specifically prohibits the sale of any land other than 19 existing dwellings located in Markham Close, Mosman. These properties are identified in Schedule 2 of the Act. The sale of these houses will provide an important source of funds to assist the Trust in the implementation of the Plan. The Plan proposes that two of the houses are removed and that part of their sites is incorporated with the adjoining parkland. It also proposes that the site of the Scout Hall is included in Schedule 2 - see Section 7, Markham Close Outcomes. The estimated revenue from the sale of this land is $22.0 million.

The Trust also believe there may be potential for it to attract sponsorship and grants for specific projects. This has not been allowed for in the cost/revenue estimates, however, the Trust will explore the opportunities for sponsorship from the private sector.

As in the case of cost estimates, the estimates of revenue must be regarded as provisional at this stage, and subject to revision as operating experience and knowledge in respect of the sites improves. An annual report will be given to the Minister on this item.

Timing of Rehabilitation and Public Access Works

The implementation of the Plan will take place over a number of years and the Trust has discretion as to when and what work is carried out. How the Trust will exercise this discretion is discussed in the section of the Plan dealing with priority setting. The Trust believes that the remediation and rehabilitation works should be undertaken as quickly as possible for the following reasons:

• Early remediation and rehabilitation will prevent further deterioration of lands and buildings and will lessen the possible impacts of contamination on surrounding areas
• Early rehabilitation will make sites available to the public quickly
• Early rehabilitation will facilitate the early generation of income from buildings and sites. This is the most favourable financial outcome when considered from a discounted cash flow perspective
• Early occupation of the sites will reduce the cost to the Trust for maintenance and security

The Trust's revenue projections assume that rehabilitation works are carried out progressively with all major rehabilitation works being completed within seven years of the Plan being approved.

Timing of the Removal of Buildings and Structures

Buildings that have been identified in the plan for removal will be removed as soon as practical so that the costs of maintenance is reduced and the implementation of revegetation and other programmes is facilitated.

Cost and Revenue Summary

Assuming a seven-year program to rehabilitate the lands the cost is as follows.

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Determination of Priorities

As discussed in the previous section, implementation of the Plan will take place over a number of years. As a consequence the Trust requires a process that enables it to select the most worthwhile projects while balancing a range of considerations like public benefit, cost, ease of implementation etc.

To do this the Trust has developed a draft policy that involves the consideration of priorities from three different perspectives. The three perspectives enable a balance to be achieved between the variety of factors that influence priority. The policy allows the higher priority projects to be identified from each of the different perspectives and these highly ranked projects then provide a shortlist for final project selection.

The three perspectives are:

Perspective 1 identifies a range of projects that, collectively, open up the sites to the public by gradually building up an access network with places of interest along the way, through the following stages:

• Provide a path or an entry that links with adjacent areas and networks in the simplest manner while linking as many points of interest as possible. At this stage points of interest can be seen but are not yet safe for occupation, all items of interest are stabilised, re-connection or provision of trunk services would commence
• Some of the more important places and items of interest are made accessible and safe for possible interim/or long term use. This includes additional public domain improvements, remediation, Building Code of Australia compliance, building restoration beyond simply stabilisation. This stage includes the core area(s) of some precincts, improvements to site entry(ies)
• Expansion of the network - additional access paths, expansion of areas started in stage 2, and new areas opened up around additional points of interest
• And beyond - further expansion of the network with most buildings accessible/occupied

Perspective 2 ranks projects against a range of benefits and the ease or difficulty with which the project can be implemented. This perspective is illustrated in the diagram below:

Implicit in this perspective is that the benefits relate to the Plan outcome proposed for the site.

Some of the benefits that are considered are:

• Maximising community benefit
• Increased public access
• Cultural heritage benefits
• Environmental improvements
• Visual prominence
• Experience and understanding of the place
• Community use
• Infrastructure to facilitate other projects
• Revenue potential

While some of the matters considered when assessing the ease or difficulty with which a project can be implemented, are:

• Level of upfront infrastructure investment required
• Amount of work required to repair buildings or land
• Potential for the work to be undertaken in partnership
• Community acceptability
• Dependency on other studies or works
• Environmental impacts
• Cost

Perspective 3 considers projects having regard for the Trust's financial objectives as well as the "public good" objectives set out in the Trust Act.

Some projects will result in outcomes that will reduce the Trust's ongoing monetary costs, provide revenue for other implementation projects and assist the long-term financial stability of the Trust.

The Diagram below illustrates how the balance between "public good" and financial considerations can be achieved.

In considering this approach there are also two types of facilitating projects that need to be undertaken so that other projects can proceed. These projects are remediation projects and projects involving the restoration of services.

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Nature of Future Owners and Management

The Trust Act requires the Plan to identify "the nature of possible future owners of the area or parts of the area". Implicit in this is the more general issue of the future management of the Trust lands.

Sydney Harbour and its foreshores have been described by both the Prime Minister and Premier as one of the renowned natural urban features in the world and a matter that is genuinely vital for all Australians. It has the potential to be one of the nation's great urban parks. However, how well it achieves this vision will be largely dependent on the management structure that is adopted.

Fragmented ownership represents the single greatest impediment to the achievement of the Prime Minister's and Premier's vision for the Harbour. It also raises a number of fundamental questions that need to be considered prior to specific decisions being made about the future owners of the Trust lands.

There are a number of differing examples of urban open space management systems currently operating in Australia and overseas. The majority of these agencies are set up with clear goals for particular pieces of land, or clear goals for certain outcomes. The Trust Act and objectives of the Trust, although similar in many ways to the objectives of other organisations, are also different.

The preamble to the Act identified Parliament's intention that the Trust was set up to:

• Conserve and preserve land in the Sydney Harbour region for the benefit of present and future Australians
• Return suitable land with significant environmental and heritage values to the people of Australia
• Be a transitional body to manage the land and facilitate its return to good order
• Transfer suitable land to New South Wales for inclusion in the national parks and reserves system

Apart from this, there is no clear guidance about who should be the future owner of the harbour lands. However, the Act does allow for the transfer of land to Commonwealth, State and Local Government.

The Trust has reviewed the management frameworks of existing urban park authorities and has concluded that there is no single management model that can easily be adopted and that ensures that the objectives of the Act and the vision enunciated by the Prime Minister and Premier are achieved.

At this early stage in the planning process, much of the future success of the Plan is unknown. The Plan is flexible enough to accommodate a range of uses on different sites. However, it also needs to be able to accommodate an evolving management framework. As demonstrated on a number of occasions in Sydney, changes in community expectations and the political environment can have a significant impact on the development and management of urban parks. For this reason it is not considered appropriate that the Plan should attempt to identify specific owners or managers for particular sites. It is more appropriate for the Plan to describe the type of management structure and the general nature of future mangers that will best produce the outcomes anticipated when the Trust was established. More importantly this approach is consistent with the requirements of the Act.

The future management of the harbour lands should ensure that the 'whole of harbour' significance of the lands is not depleted. It is also important that the organisation is robust and is not impacted on at an operational level by sectional interests. The organisation needs to be committed to a "whole of harbour" direction and have clear responsibilities and goals.

It is proposed that the Trust continue to investigate options for the future ownership and management of the lands currently under its control and that detailed negotiations be held with the NSW Government.

Investigations will be focused on the elements identified in this section as important for any future managing agency and to do this the Trust will:

• Further investigate future owners and management frameworks through the implementation of the Plan
• Utilise the implementation period as an opportunity to evolve a suitable model for future management of regional open space on Sydney Harbour

The Trust will promote a future management model that:

• Reflects the original intentions of Parliament, as set out in the Act's preamble. This includes:
  • The Conservation and preservation of land in the Sydney Harbour Region
  • Ensure that the land benefits both present and future generations of Australians
  • Return suitable land to the people of Australia in good order to be managed as part of the national parks and open space reserves system
• Incorporates the objects of the Trust as defined by the Act:
  • Ensure that the land contributes to the enhancement of the amenity of Sydney Harbour region
  • Protect, conserve and interpret the environmental and heritage values of the lands
  • Maximise public access to the lands
• Provides for a process of planning and implementation that is transparent and remains acceptable to the community
• Provides for ongoing community consultation
• Ensures that the 'whole of harbour' significance of the lands is not diminished
• Ensures that the organisation is robust, is able to withstand sectional interests, is autonomous by nature and has committed leadership with clear responsibilities and goals
• Ensures that the organisation is large enough to operate in an efficient economic environment, whilst being autonomous

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Ongoing Consultation

Community involvement will continue once the Plan has been approved. It is imperative for the Trust to continue to consult with the community and agencies during the implementation of the Plan, which involves:

• Developing supporting policies
• Developing site specific management Plans
• Commencing projects/activities on sites
• Leasing of buildings/areas of sites

This is shown on Figure 11.4 (PDF 98kb) Consultation and Communication during the Implementation Phase

As described in more detail in the Sections dealing with the adoption of management plans and supporting policies, the Trust will invite members of the public to make submissions in respect of these matters. To facilitate this, the Trust will make the draft plan or policy available to the public and will give notice that the plan or policy is available for comment and request submissions.

The Trust will also make available to the public all final management plans and supporting policies.

Prior to commencing any specific projects, the Trust will determine whether the proposal is going to have a significant environmental impact and whether consent is required under this Plan. Any activities that the Trust determines may have a significant impact will also be exhibited for public comment prior to determination.

Apart from the official advertised consultation activities, the Trust will continue to meet with stakeholders as requested, continue the communication activities and public information programs and provide access to the sites and invite the community to continually provide input to the planning process.

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Sydney Harbour Federation Trust · PO Box 607 · Mosman NSW 2088 Australia · Tel 02 8969 2100 · Fax 02 8969 2120 · TTY 02 8969 2152

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This page last modified 8 December, 2006

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