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Central Coastal
Management Program Advisory Committee – Monday 15 April 2024
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CC24.1 Adoption
of the Open Coast and Jervis Bay Coastal Management Program
HPERM Ref: D24/123104
Department: Environmental
Services
Approver: James
Ruprai, Director - City Development
Attachments: 1. Stage
4 Report - Final Draft CMP Open Coast and Jervis Bay - Full Document (under
separate cover)
2. Report - Open Coast and
Jervis Bay CMP - Public Exhibition Response to Submissions Document (under
separate cover)
Reason for Report
To present to the Central
Coastal Management Advisory Committee (the Committee) the Open Coast and Jervis
Bay Coastal Management Program (CMP). The CMP is being presented to the
Committee to request its endorsement for Council to adopt the CMP and for the
CMP to subsequently be submitted to the Minister for Local Government for
certification.
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Recommendation (Item to be determined under delegated authority)
That
the Committee:
1. Endorse
that the Open Coast and Jervis Bay Coastal Management Program (CMP) is provided
to Council for adoption and submission to the Minister for Local Government
for certification.
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Options
1. As recommended.
Implications: Endorsing Council’s adoption of
the CMP will support the finalisation and certification of this document, and
subsequent implementation by Council. This CMP provides an integrated and
strategic approach to the management of the Shoalhaven open coastline and
Jervis Bay area consistent with the objectives of the Coastal Management Act
2016 and has integrated community feedback following substantial
consultation. Once certified, Council can proceed with the implementation of
the identified management actions to ensure the comprehensive, risk-based
management and mitigation of coastal hazards within the CMP Study Area to meet
the needs of the community.
2. Seek further
modification to the draft Open Coast and Jervis Bay CMP.
Implications: Additional modifications to the draft
CMP, if significant, would require further public exhibition and reporting back
to the Committee and Council. Under such a scenario, additional Council
time and budget would be required for the project team to complete this work,
which would delay the implementation of high priority management actions to
address coastal hazards. This will also place further demands on community
members who have already provided significant input into the development of
this CMP. This project has been funded by the NSW Department of Planning and
Environment’s Coast and Estuary Grants Program with a one-third
contribution by Council. Applications for additional funding, if significant,
may not be successful and is dependent on available funding allocations from
the State Government and Council.
Background
In accordance with the Coastal
Management Act 2016 (NSW) (CM Act), Local Councils are to prepare Coastal
Management Programs (CMPs) to meet the objectives of the CM Act. The CMP covers
and applies to the coastal zone of the Shoalhaven Open Coast and Jervis Bay
– as legally defined in the CM Act and the State Environmental Planning
Policy (Resilience and Hazards) 2021 (RH SEPP). The Study Area spans from
Shoalhaven Heads in the north, to North Durras Beach in the south, and also
includes Jervis Bay to ensure a consistent management approach across the
entire open coastline of the Shoalhaven Local Government Area (LGA).
The Open Coast and Jervis Bay
CMP has been developed in accordance with the CM Act and the staged process for
developing and implementing a CMP, as detailed in the NSW Coastal Management
Manual. The stages completed to support this CMP include the preparation of:
· Stage
1 – Shoalhaven Coastal Management Program Scoping Study: This
included a review of relevant background information, a first-pass risk
assessment, a data gap analysis, and formulation of a plan for the development
of the suite of CMPs covering the Shoalhaven’s coastline and estuaries.
· Stage
2 – Shoalhaven Open Coast and Jervis Bay CMP Stage 2 –
Risks, Vulnerabilities and Opportunities: This included a detailed
assessment of the various threats and risks affecting the environmental,
social, cultural, and economic assets and values of the coastline.
· Stage
3 – Shoalhaven Open Coast and Jervis Bay CMP Stage 3 Summary Report:
This included stakeholder engagement and options analysis in order to identify
and prioritise coastal management actions that can effectively address issues
and risks, take advantage of new opportunities, and give effect to the
objectives of the CM Act.
· Stage
4 – Coastal Management Program for the Shoalhaven Open Coast and Jervis
Bay: This included the preparation of a draft CMP for public exhibition and
the finalisation of the CMP following the exhibition. This document outlines
the identified management actions and business plan for their implementation
over a 10-year period. It is this document that is being presented to the
Committee to endorse Council’s adoption.
The CMP comprises a program of
integrated management actions that are intended to address key issues, and
harness new opportunities for the management of the Shoalhaven coastal zone. It
outlines specific actions that are to be implemented over a forward 10-year
management timeframe under seven overarching strategies for managing the coast,
which include:
· Governance
and Management
· Community
and Stakeholder Engagement
· Land
Use Planning and Adaptation
· Protection
of the Coastal Environment
· Protection
of Cultural Heritage
· Asset
Management
· Emergency
Planning and Response
These overarching strategies are
also supplemented by four Local Area Action Plans that detail management
actions to be implemented at specific locations throughout the CMP Study Area.
The Local Area Action Plans are as follows:
· Northern
Local Government Area (LGA) (Shoalhaven Heads to Currarong Beach)
· Jervis
Bay Area (Callala Bay to Hyams Beach)
· Central
LGA (Cudmirrah Beach to Ulladulla Harbour)
· Southern
LGA (Rennies Beach to Durras Beach)
This has resulted in the
development of a total of 116 management actions to be delivered through Stage
5 (Implementation) of the CMP over the next 10-years.
A Business Plan has been
developed which outlines the key components of the funding strategy for the CMP
to implement the management actions, including the cost of proposed actions,
proposed cost-sharing arrangements, and other potential funding mechanisms.
Delivery of the CMP is estimated to cost $45 Million (2023 dollars) over 10
years, with approximately $15 Million of this funding coming from Council.
Sustainable funding and
financing arrangements for management actions will be established in
consultation with key stakeholders. Funding for management actions may be
gained from various sources, including competitive State Government grant
programs, Council’s internal funds, and local third parties.
The CMP document is being
presented to the Committee to gain their support and endorsement before the CMP
is presented to Council to request their adoption. Following this, the CMP is
required to be submitted to the Minister for Local Government for certification
before Council can commence Stage 5 (Implementation) of the CMP.
Internal Consultations
Throughout Stages 1-4 of the CMP
development, internal consultation was carried out within Council. This
included consultations across and within Council Directorates to obtain
feedback on the existing coastal hazards, risks and opportunities within the Shoalhaven
LGA, as well as the development and implementation of proposed management
actions. For actions that involve the construction of new or upgrade of
existing Council assets, asset custodians were consulted to ensure integrated
and consistent delivery of works across Council. Internal consultations will be
ongoing throughout the implementation of the CMP.
External Consultations
Throughout Stages 1-4 of the CMP
development, external consultation was carried with a range of representatives
from State Government Agencies, adjacent local Councils and Non-Government
Organisations. These included:
· NSW
Department of Planning and Environment – Environment and Heritage (DPE,
now the Department of Climate Change, Energy, the Environment and Water
(DCCEEW)), and Crown Lands
· NSW
Department of Primary Industries (DPI) – Fisheries (including the Jervis
Bay Marine Park).
· Transport
for NSW (TfNSW)
· National
Parks and Wildlife Service (NPWS)
· State
Emergency Services (SES)
· Local
Land Services (LLS)
· Eurobodalla
Council
· Kiama
Council
· Jerrinja
Local Aboriginal Land Council (LALC)
· Jerrinja
Tribal Group
· Ulladulla
LALC
Consultations were undertaken to
obtain feedback on the existing coastal hazards, risks and opportunities within
the Shoalhaven LGA, as well as the development and implementation of proposed
management actions. Through this process, external entities provided
information to support Council in developing a CMP that meets statutory
obligations for the management of the coastal zone within the CMP Study Area.
Council is currently seeking letters of support from the relevant NSW State
Government agencies listed above, for submission of the CMP for certification
by the Minster for Local Government. To date, all agencies have expressed in‑principle
support for the CMP.
The management actions within
the CMP identify where these external entities have been identified as a
‘supporting partner’ in the implementation of the management
actions. Council will continue to engage with these entities throughout the implementation
of the CMP.
Community Consultations
A detailed Stakeholder and Community Engagement Strategy was
developed as part of the CMP, outlining the timing, content, and engagement
methods to be utilised for all community and stakeholder engagement activities.
This strategy has been implemented progressively through each stage of the CMP.
The engagement strategy was developed in line with CMP Engagement Guidelines
developed by the NSW State Government (DCCEEW), the Shoalhaven City Council
Community Engagement Strategy, and the use of the International Association for
Public Participation (IAP2) guidelines. This included engagement with
Traditional Owner Groups, local communities, and public authorities through a
range of methods – including workshops, drop-in sessions, surveys and
one-on-one meetings.
The draft CMP was on public exhibition from 30 November 2023
to 2 February 2024 to obtain final stakeholder feedback on the proposed
management actions included in the draft CMP. Council is required under
the CM Act to publicly exhibit the draft CMP for a period of at least 28 days.
The draft CMP was placed on public exhibition from 29 November 2023 until 2
February 2024 – a total of 66 calendar days (over 9 weeks). The public
exhibition process was comprised of:
· Provision
of the document electronically on the Shoalhaven City Council Get Involved webpage
for the project: https://getinvolved.shoalhaven.nsw.gov.au/open-coast-and-jervis-bay-cmp, and the Documents on Exhibition
section of the Council website.
· A
series of community information sessions held across the Shoalhaven LGA during
December 2023.
Other engagement methods deployed during the
Public Exhibition Period included the distribution of pamphlets, Get
Involved page posts and updates, direct emails to Council community and
stakeholder participation lists – and the creation of an ‘explainer
video’ summarising the CMP outcomes. As part of the public exhibition,
Council also hosted a meeting for all CMP Advisory Committee Members on the 14
December 2023 from 10:00 am to 12:00 pm. This informal meeting
provided CMP Advisory Committee Members the opportunity to have a discussion
about the draft CMP document with Council and an opportunity to ask questions
about this document before providing feedback.
The following summarises the engagement
achieved throughout the public exhibition process:
· 63
Online submissions on the draft CMP through the Get Involved page.
· 27
email submissions on the draft CMP.
· 55
attendees to the community information sessions.
Following the public exhibition
period, the draft CMP has been updated based on the submissions received. A
response to submissions (RTS) documented has also been prepared and is
available as an appendix to the final CMP outlining how each submission has
been considered in the finalisation of the CMP document.
Policy Implications
The CMP has been prepared in
accordance with the NSW Coastal Management Framework which is governed by the
CM Act. Council has prepared the CMP giving regard to the relevant legislation,
environmental planning instruments and statutory guidelines applicable to the
coastal zone within the CMP Study Area. Furthermore, as part of the CMP
development process, DCCEEW is required to confirm that the CMP satisfies the
objectives of the CM Act and the mandatory requirements for a CMP as set out in
the Coastal Management Manual. DCCEEW have indicated in-principle support for
the draft CMP and are currently reviewing the final CMP to confirm that it
meets the objectives of the CM Act and mandatory requirements for a CMP.
The CMP has also been prepared
with regard to existing Council Policies for the management of the foreshore
and coastal environment including, but not limited to, Council’s Tree
Management Policy (Public Land) (POL21/51), Vegetation Vandalism Prevention
Policy (POL22/24), and the Foreshore Reserves Policy (POL19/76).
The CMP is considered a
‘living document’ that is to be reviewed and updated continually
throughout its lifecycle. A strategic review of the CMP should occur at least
once every ten years to assess the effectiveness of the CMP in achieving its
objectives and to incorporate changes in light of new information, legislative
and policy changes, and improved understanding of the local coastal processes.
Following the certification of
the CMP, existing Resolutions from Council Meetings relating to coastal
management that have been actioned by Council will be superseded, with the CMP
to become the overarching strategy for the management of the coastal zone
within the Shoalhaven. As outlined above, the CMP has been developed
considering Council’s statutory obligations for coastal management as
outlined with the CM Act, Council’s existing policies relevant to the
coastal environment, best practice coastal management as documented within
State guidelines and literature, as well as the outcomes of extensive
consultation with the community and State Government agencies over the
preceding years. Subsequently, it is considered the CMP should be the primary
mechanism for Council to manage the coastal zone of the Shoalhaven Open Coast
and Jervis Bay region in an integrated and holistic approach.
Financial Implications
The CMP has been prepared by
Council with funding assistance received from NSW DPE (now DCCEEW) through a
Coast and Estuaries Planning Stream Grant. This grant funding has provided a
two-thirds contribution from the State Government for the completion of the
CMP.
Following the certification of
the CMP, Council will be eligible to apply for grant funding for the
implementation of management actions through the DCCEEW Coast and Estuaries
Implementation Stream Grants. This funding has been specifically created to provide
a two-to-one funding ratio for actions within a certified CMP. This grant
funding program is contestable, prioritised to Council applications with
certified CMPs and subject to State Government funding priorities and
allocations. However, the availability of these funding opportunities provides
a clear indication of the financial benefits a certified CMP provides to
Council for the implementation of the management actions identified through the
CMP.
Risk Implications
Consideration of Risk in the
CMP process
A First Pass Risk Assessment was
completed in the Stage 1 Scoping Study for the Shoalhaven CMPs. This provided a
high-level assessment the various issues, vulnerabilities, and opportunities
affecting the Shoalhaven Open Coast and Jervis Bay. The risk assessment was
further refined in Stage 2 of the CMP and included an updated and detailed risk
assessment of coastal hazards. This involved identifying and assessing risks
and benefits to environmental, social, and economic values across the
coastline, with the aim of informing the development of management options in
Stages 3 and 4.
The risk-based framework applied
in Stage 2 was consistent with those applied in Council’s existing
coastal hazard risk assessment, and the CMP Stage 1 Scoping Study, as well as
Council’s organisational Risk Management Framework. This framework is
also broadly consistent with the framework applied in the NSW Marine Estate
Threat and Risk Assessment (TARA), and the following national standards and
guidelines:
· ISO
31000:2018 Risk management – Principles and guidelines, provides
principles, framework, and a process for managing risk (International Standards
Organisation, 2018).
· AS
5334:2013 Climate change adaptation for settlements and infrastructure –
a risk-based approach.
The key risk and threats
identified in the Stage 2 risk assessment included:
· Coastal
hazard risks to land, property, assets and infrastructure – including
risks posed by the coastal hazards defined in the CM Act. The Shoalhaven LGA
coastline has a long history of experiencing severe coastal hazard impacts,
with the greatest impacts felt by coastal erosion and coastal inundation
generated by ‘East Coast Lows’.
· Social,
cultural, and environmental risks. These include risks to environmental values
and biodiversity, social and recreational amenity (and public safety), as well
as risks to both tangible and intangible cultural heritage values.
As required by the CM Act, the
key risks and threats have been considered over a range of timeframes,
including the present day, as well as future planning horizons 20 years, 50
years, and 100 years – in order to account for future climate changes impacts,
and the impacts of population growth and future development on the coastal
zone. The nature and severity of these risks varies widely across the Study
Area. To adequately inform the derivation and assessment of management options,
these risks were also assessed at a local level on a beach-by-beach basis.
Risk of not adopting the
recommendations of this report
Additional modifications to the
draft CMP, if significant, would require further public exhibition of the draft
document and reporting back to the Committee and Council. Under such a scenario,
additional time and budget would be required for the project team to complete
this work, which would delay the implementation of high priority management
actions. This project has been funded by the NSW Department of Planning and
Environment Coast and Estuary Grants Program with a one-third contribution by
Council. Applications for additional funding, if significant, may not be
successful and is dependent on available funding allocations from the State
Government and Council.
