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DRAFT MANAGEMENT PLAN FOR

THE OLD GREAT NORTH ROAD WORLD HERITAGE AREA

Submitted by the New South Wales Government

July 2007

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DRAFT FOR CONSULTATION – JULY 2007 2

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TABLE OF CONTENTS Management Plan 1 Introduction

2 The Place

3 World Heritage Values

4 National Heritage Values

5 Statutory Framework

a) Park Management Framework

b) Planning Framework

c) Heritage Framework

d) Assessment and Approvals Processes

i) Assessment and Approval under the National Parks and Wildlife Act 1974

ii) Assessment and Approval under the Environmental Planning and

Assessment Act 1979

iii) Assessment and Approval under the Heritage Act 1977

iv) Assessment and Approval under the Environment Protection and

Biodiversity Conservation Act 1999

v) Approvals in relation to the Old Great North Road

6 Compliance, Offences and Penalties

7 Risk Management

8 Consultation, Expert Advice and Implementation

9 Management Plan Review

10 Public Consultation

11 Acknowledgments Appendix A: Dharug National Park Plan of Management, NSW National Parks and Wildlife Service, July 1997

This document, which has legal status under the National Parks and Wildlife Act 1974, sets out the management principles for the Dharug National Park, in which the Old Great North Road is located, and identifies the primary objectives for cultural heritage protection, biodiversity conservation, public promotion, sustainable use, research and education.

Appendix B: Draft Old Great North Road Conservation Management Plan, Griffin NRM 2004

This document provides a detailed understanding of the place and its history. It also assesses the significance of the place, its current state of conservation, and provides conservation policies based on the identified heritage and other conservation values of the Old Great North Road.

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Appendix C: Old Great North Road Maintenance Plan, (Young D, Urwin N, Ireland T, 2007)

This document provides detailed guidance on the implementation of the strategic management approach and conservation policies identified in the Conservation Management Plan, including baseline management, maintenance schedules and conservation repair instructions.

Appendix D: Statement of the National Heritage Values of the Old Great North Road

This document provides a detailed statement of the National Heritage values of the Old Great North Road at its listing on the National Heritage List in [Month] 2007.

Appendix E: Addendum to Draft Old Great North Road Conservation Management Plan – State of Conservation, Key Indicators for Monitoring & Policy, 2007

[To be provided prior to nomination]

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ACRONYMS CHD Culture & Heritage Division (a division of DECC)

CMP Conservation Management Plan (in this plan, CMP refers to the Old Great North Road Conservation Management Plan)

DECC Department of Environment and Climate Change NSW

DEW Commonwealth Department of the Environment and Water Resources

DoP NSW Department of Planning

EPBC Act Environment Protection and Biodiversity Conservation Act 1999

EPBC Regulations Environment Protection and Biodiversity Conservation Regulations 2000

EP&A Act Environmental Planning and Assessment Act 1979 (NSW)

EPI environmental planning instrument

ICOMOS International Council on Monuments and Sites

LEP local environmental plan (in this plan, LEP refers to the Gosford Local Environmental Plan)

LGA Local Government Area

NP National Park

NPW Act National Parks and Wildlife Act 1974 (NSW)

NPWS National Parks and Wildlife Service

OGNR Old Great North Road

PoM plan of management (in this plan, PoM refers to the statutory plan of management for Dharug National Park)

PWG Parks and Wildlife Group (a division of DECC, known externally as the National Parks and Wildlife Service)

RAC DECC Regional Advisory Committee

REF review of environmental factors

REP regional environmental plan (in this plan, REP refers to the Sydney Regional Environmental Plan No 20 - Hawkesbury-Nepean River (No 2 - 1997))

SEPP state environmental planning policy

SIS species impact statement

TSC Act Threatened Species Conservation Act 1995 (NSW)

UNEP United Nations Environment Program

UNESCO United Nations Educational, Scientific and Cultural Organisation

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1 INTRODUCTION This document provides information about the National Heritage values and possible World Heritage values of the Old Great North Road as part of the Australian Convict Sites Serial Nomination, as well as the statutory and management framework that will ensure that the National Heritage and likely World Heritage values of the Old Great North Road are protected and conserved. This Management Plan has been prepared in preparation for the proposed nomination of the Old Great North Road to the World Heritage List as part of the Convict Sites of Australia World Heritage Serial Nomination, and is based on the possible World Heritage values for which the site is proposed to be nominated. It is assumed that, if inscribed, the site will be inscribed for these values as part of the wider nomination. A reference to the World Heritage values of the Old Great North Road in this Management Plan is therefore a reference to the possible World Heritage values of the site or, if applicable, the World Heritage values for which the site has been inscribed. This Management Plan sets out the park management and environmental impact assessment and approval regime that will: • protect and conserve the National and World Heritage values of the Old Great

North Road; • ensure there will be adequate environmental assessment of actions that may

impact upon the National and World Heritage values of the Old Great North Road; and

• ensure that actions that will have unacceptable or unsustainable impacts on the

National and World Heritage values of the Old Great North Road will be avoided. This Management Plan has been prepared to reflect the Australian World Heritage management principles and National Heritage management principles set out in Schedules 5 and 5A of the EPBC Regulations. The Management Plan as a whole consists of this document, the Dharug National Park Plan of Management; the Old Great North Road Conservation Management Plan; the Old Great North Road Maintenance Plan and the Statement of the National Heritage Values of the Old Great North Road, found in Appendices A, B, C and D to this Management Plan. The Dharug National Park Plan of Management is a legally-binding document under the NPW Act, and applies to the whole of the area in which the Old Great North Road is located. The NPW Act specifies that no operations or activities may be legally undertaken on or in relation to the park by the Department of Environment and Climate Change (DECC) unless they are in accordance with the Plan of Management. The Plan also sets out the management principles for the Dharug National Park and identifies the primary objectives for cultural heritage protection, biodiversity conservation, public promotion, sustainable use, research and education. The Old Great North Road Conservation Management Plan (CMP) and Maintenance Plan were commissioned by the National Parks and Wildlife Service (NPWS) to provide a sustainable, achievable and strategic management approach to the Old

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Great North Road cultural landscape, based upon the significance of the Old Great North Road cultural landscape, the identification of realistic management objectives, as well as optimal long-term outcomes. The CMP and the Maintenance Plan contain detailed guiding conservation policies based on the identified heritage and other conservation values of the Old Great North Road, and have been endorsed by the Executive Director, Culture and Heritage Division, DECC as guiding management documents for its considerations of all Old Great North Road matters. These documents, in combination, provide the context within which the State, National and World Heritage values of the Old Great North Road are appropriately conserved and managed in a manner that ensures that Australia meets its obligations under the World Heritage Convention. The park management, environmental impact assessment and approval regime set out in this Management Plan will protect the National and World Heritage values of the Old Great North Road to a level equivalent to that afforded under the EPBC Act. 2 THE PLACE The Old Great North Road is that portion of the Great North Road which located within Dharug National Park, which is found north of the Hawkesbury River, 55 km north of the centre of Sydney, and 25km west of Gosford. The park is bounded by Yengo NP, Wiseman’s Ferry, McPherson State Forest, private land along Mangrove Creek, and the townships of Gunderman and Spencer. The Old Great North Road forms the park’s border to the south-west. The nominated section of the Old Great North Road is located between Settlers Road and Devine’s Hill, and includes that part of the park to the east of the Old Great North Road that captures the Finch’s Line ridge system. The land title description of the place is [to be included]. Further information about the place, including information about its location, physical features, condition, historical context and current uses is found in the CMP. 3 WORLD HERITAGE VALUES As part of the Convict Sites serial nomination, the Old Great North Road is likely to meet the following World Heritage criteria: iv is an outstanding example of a type of building, architectural ensemble or

landscape which illustrates (a) significant stage(s) in human history.

vi is directly or tangibly associated with events or living traditions, with ideas, or with beliefs, with artistic and literary works of outstanding universal significance.

A detailed discussion of these criteria can be found in the World Heritage Serial Nomination - Convict Sites in Australia nomination dossier.

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[A description of the official World Heritage Values of the Old Great North Road will be provided closer to the nomination date.] 4 NATIONAL HERITAGE VALUES The Old Great North Road meets the following National Heritage criteria: (a) the place has outstanding heritage value to the nation because of the place's importance in the course, or pattern, of Australia's natural or cultural history; and (g) the place has outstanding heritage value to the nation because of the place’s strong or special association with a particular community or cultural group for social, cultural or spiritual reasons. The National Heritage values that cause the Old Great North Road to meet these criteria are set out in full in Appendix D and also in the listing of the Old Great North Road on the National Heritage List, available at http://www.environment.gov.au/heritage/national/index.html. 5 STATUTORY FRAMEWORK The National and World Heritage values of the Old Great North Road are recognised and protected by the park management, planning and heritage statutory frameworks, as outlined in this Management Plan. Proposed actions in relation to the Old Great North Road are required to comply with the relevant statutory objectives and procedures to prevent inappropriate or unsustainable impacts on the State, National and potential World Heritage values of the place. a. Park Management Framework The Old Great North Road is located within Dharug National Park, which is land reserved and managed under the NPW Act. DECC is responsible for maintaining and developing the reserve system, and conserving the natural and cultural heritage of NSW. This requires management programs to be implemented to protect park values against pressures that might contribute to a decline in the condition of those values. DECC also works to facilitate the ecologically sustainable and culturally appropriate use and enjoyment of the reserve system. This includes actively contributing to recreation and tourism planning and experiences across NSW, including:

• design and construction of visitor facilities; • provision of signage and other interpretation programs such as Discovery and

Aboriginal Discovery; • analysis of visitor trends and management requirements; • licensing of tour operators and recreational facilities; • and

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• systematic management of health and safety risks within national parks and reserves.

The objects of the NPW Act (s.2A) include:

• the conservation of nature; • the conservation of objects, places or features of cultural value within the

landscape; • fostering public appreciation, understanding and enjoyment of nature and

cultural heritage values and their conservation; and • providing for the management of reserved land in accordance with the

applicable management principles. Under the NPW Act (s.30E(1)), the purpose of a national park is:

‘to identify, protect and conserve areas containing outstanding or representative ecosystems, natural or cultural features or landscapes or phenomena that provide opportunities for public appreciation and inspiration and sustainable visitor use and enjoyment so as to enable those areas to be managed in accordance with subsection (2) [the management principles].’

It is also an object of the NPW Act to manage reserved land in accordance with the applicable management principles. All activities on reserved land, including the grant of leases and licences, must be consistent with the management principles of the reserved land unless the NPW Act or Regulation expressly provide otherwise. The NPW Act specifies that national parks are to be managed in accordance with the following management principles:1

(a) the conservation of biodiversity, the maintenance of ecosystem function, the protection of geological and geomorphological features and natural phenomena and the maintenance of natural landscapes,

(b) the conservation of places, objects, features and landscapes of cultural

value, (c) the protection of the ecological integrity of one or more ecosystems for

present and future generations, (d) the promotion of public appreciation and understanding of the national

park’s natural and cultural values, (e) provision for sustainable visitor use and enjoyment that is compatible with

the conservation of the national park’s natural and cultural values, (f) provision for the sustainable use (including adaptive reuse) of any

buildings or structures or modified natural areas having regard to the conservation of the national park’s natural and cultural values,

(fa) provision for the carrying out of development in any part of a special

area (within the meaning of the Hunter Water Act 1991) in the national

1 Part 4, Division 2, Section 30E

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park that is permitted under section 185A having regard to the conservation of the national park’s natural and cultural values,

(g) provision for appropriate research and monitoring.

A plan of management is a legal document which is required by the NPW Act to be prepared for each national park. It outlines how the area will be managed in the years ahead. The relevant plan of management for the Old Great North Road is the Dharug National Park Plan of Management, which forms Appendix A of this Management Plan. The NPW Act and the National Parks and Wildlife Regulation 2002 (Regulation) require that any activity undertaken in a national park must be:

i) legally permissible, ii) consistent with the objects of the NPW Act, the management principles for

the category of park, and in accordance with other relevant provisions of the Act and Regulation, and

iii) consistent with the plan of management.

Where World Heritage properties are in a State, the Commonwealth must use its best endeavours to ensure a plan for managing the property in a way that is not inconsistent with Australia’s obligations under the World Heritage Convention or the Australian World Heritage management principles is prepared and implemented in cooperation with the State (s.321 EPBC Act). b. Planning Framework The Environmental Planning and Assessment Act 1979 (the EP&A Act) establishes the environmental and land use planning system for New South Wales, and encourages the proper management, development and conservation of natural resources and the built environment. The Act required proposed development to comply with relevant planning controls according to their nature, scale, location and potential impacts on the physical and social environment. The Act allows for the creation of environmental planning instruments (EPIs) such as state environmental planning policies (SEPPs) and local environmental plans (LEPs). These planning instruments set out the planning provisions and rules that apply to areas that the Minister for Planning considers are of state and regional significance. The relevant EPIs for the Old Great North Road are the:

• Gosford Local Environmental Plan, and • Sydney Regional Environmental Plan No 20 - Hawkesbury-Nepean River (No

2 - 1997)

Under the LEP, any development that is authorised under the NPW Act does not require the consent of the Council and any development which is not authorised under the NPW Act is prohibited. The Sydney Regional Environmental Plan No 20 - Hawkesbury-Nepean River (No 2 - 1997) (the REP) applies to a number of Local Government Areas (LGAs) in the

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greater Sydney metropolitan region, including the Gosford LGA in which the Old Great North Road is located. The REP’s policy in relation to environmentally sensitive areas (cl.6(2)) is that: ‘The environmental quality of environmentally sensitive areas must be protected and enhanced through careful control of future land use changes and through management and (where necessary) remediation of existing uses’, with the definition of environmentally sensitive areas in the Hawkesbury-Nepean catchment to include the river, riparian land, escarpments and other scenic areas, conservation area subcatchments, national parks and nature reserves, wetlands, other significant floral and faunal habitats and corridors, and known and potential acid sulphate soils. The strategies listed in the REP for implementing the policy in relation to environmentally-sensitive areas include to:

• Minimise direct and indirect adverse impacts on land reserved or dedicated under the NPW Act or the Forestry Act 1916 and conservation area sub-catchments in order to protect water quality and biodiversity.

• Consider the need to include buffer zones (such as adequate fire radiation

zones) for proposals on land adjacent to land reserved or dedicated under the NPW Act or the Forestry Act.

• Consider the views of the Director-General of National Parks and Wildlife

about proposals for land adjacent to land reserved or dedicated under the NPW Act.

Under the EP&A Act, activities may be assessed under Part 3A, Part 4 or Part 5. Approval for activities in relation to the Old Great North Road World Heritage nomination site will mainly come under Part 5 of the Act, which places a responsibility on all public authorities (determining authorities) to consider the environmental impact of their activities before making a decision. The definition of ‘environment’ includes the natural, built and social environments. If an environmental impacts statement (EIS) is required and the proponent is also the determining authority, that is DECC is proposing to undertake an activity which it also must approve under the NPW Act, then the Minister for Planning can declare that activity to be a project under Part 3A of the EP&A Act, requiring the Minister for Planning’s approval. Likewise, if in the opinion of the Minister for Planning, the activity is of State or regional environmental planning significance, it can also be declared a project under Part 3A (s.75B EP&A Act). Proposed SEPP The Department of Planning, under the direction of the Minister for Planning, is currently preparing a Draft State Environmental Planning Policy (SEPP) for all the Australian Convict Sites located in New South Wales, including the Old Great North Road, to assist their conservation and management should the serial nomination be inscribed on the World Heritage list. In the event that the Convict Sites in Australia are inscribed on the World Heritage List a buffer zone will come into force around each property by the gazettal; of the proposed SEPP. The principle effect of the SEPP will be to require the concurrence of the Heritage Council for the approval of any development application that may

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impact upon the World Heritage values of the Old Great North Road. The values are expressed in the general objectives of the SEPP and the objectives of the buffer zone. These draft objectives are set out below. The general objectives for the [draft] proposed World Heritage Properties (Cultural Values) and buffer zones SEPP are:

1. to identify, and create suitable buffer zones for protecting the World Heritage values (cultural values) of properties inscribed on the World Heritage List for their cultural values;

2. to provide controls for the protection of World Heritage values in the buffer

zones of each of the World Heritage properties inscribed on the World Heritage List for their cultural values;

3. to protect the physical fabric and structural integrity of properties inscribed on

the World Heritage List for their cultural values where such fabric or structures contribute to the World Heritage values of the properties and extend into adjoining buffer zones;

4. to conserve identified views and vistas that contribute to the World Heritage

values of properties inscribed on the World Heritage List for their cultural values;

5. to preserve archaeological sites that contribute to the World Heritage values

of properties inscribed on the World Heritage List where such archaeology extends from such properties into adjoining buffer zones;

6. to retain evidence of World Heritage values in extant landscape elements

connecting a World Heritage property with its adjoining buffer zone;

7. to ensure development is carried out in accordance with a management plan, endorsed by the Heritage Council of New South Wales, that has been prepared for a property inscribed on the World Heritage List;

8. to ensure that the Heritage Council of New South Wales has a concurrence

role for developments in a buffer zone that may impact upon the World Heritage values of a property inscribed on the World Heritage List; and

9. to allow the Heritage Council of New South Wales to consider the World

Heritage values of a World Heritage property, and the contribution of any such values within a World Heritage property buffer zone, which considering any application for its approval or concurrence.

The [draft] objectives for the buffer zone around the Old Great North Road relate only to the buffer zone, and have been shaped by the physical characteristics of the place that can inform the potential World Heritage Listing values. The objectives for the buffer zone:

Identify, protect and provide for the conservation of the setting of the Old Great North Road (Devine’s Hill and Finch’s Line) World Heritage Area by:

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i. Conserving identified views and vistas to and from the escarpment and forested areas of the Old Great North Road World Heritage Area.

ii. Reinforcing the visual relationship between the Old Great North Road World Heritage Area and the Hawkesbury and Macdonald Rivers.

iii. Providing for the conservation of the physical fabric and structural integrity of the convict-built and engineered elements of the Old Great North Road World Heritage Area, especially where these align with the boundaries of Dharug National Park.

iv. Preserving any convict era archaeological sites associated with the Old Great North Road World Heritage Area that extend from Dharug or Yengo National Parks into the buffer zone.

v. Retaining evidence of the World Heritage values in the extant landscape elements connecting the Old Great North Road World Heritage Area and other significant convict infrastructure in the buffer zone such as Settlers Road/Wiseman’s ferry Road, Thomas James Bridge, the 1827 and 1829 ferry crossing places and the forested hills and valleys as it was experienced during the convict period.

vi. Retaining evidence of the rugged, isolated landscape character of the Old Great North Road World Heritage Area as it was experienced during the convict period.

c. Heritage Framework World and National Heritage Framework In [Month] 2007, the Old Great North Road was listed on the National Heritage List under section 324C of the EPBC Act and is currently nominated for World Heritage. The objectives of the EPBC Act are to:

a. to provide for the protection of the environment, especially those aspects of the environment that are matters of national environmental significance;

b. to promote ecologically sustainable development through the

conservation and ecologically sustainable use of natural resources;

c. to promote the conservation of biodiversity; and (ca) to provide for the protection and conservation of heritage;

d. to promote a co-operative approach to the protection and management of

the environment involving governments, the community, land-holders and indigenous peoples;

e. to assist in the co-operative implementation of Australia’s international

environmental responsibilities;

f. to recognise the role of indigenous people in the conservation and ecologically sustainable use of Australia’s biodiversity; and

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g. to promote the use of indigenous peoples’ knowledge of biodiversity with the involvement of, and in co-operation with, the owners of the knowledge.

Both World Heritage and National Heritage status confers additional legal protection to listed sites under the EPBC Act. This protection is provided through a requirement for the approval of the Commonwealth Environment Minister if it has, will have, or is likely to have a significant impact on the National Heritage (and any potential future World Heritage) values of the Old Great North Road. An action defined as having a significant impact on the National Heritage or World Heritage values of a declared National Heritage or World Heritage property if it does, will, or is likely to result in:

• one or more of the National Heritage or World Heritage values being lost, or • one or more of the National Heritage or World Heritage values being

degraded or damaged. An action which requires Commonwealth approval under the EPBC Act is called a ‘controlled action’. An action can include a project, development, undertaking or any activity or series of activities and could include activities that DECC undertakes on-park. A decision by a government body to grant an authorisation or to provide funding is not an action. Matters of national environmental significance and other information regarding the EPBC Act may be viewed on: http://www.environment.gov.au/epbc/index.html . The Department may also be contacted on (02) 6274 1111. State Heritage Framework The Old Great North Road is included on the NSW State Heritage Register (SHR) as an item of State significance and is thus subject to the relevant provisions of the Heritage Act relating to SHR items. Under section 57(1) of the Heritage Act, listing on the State Heritage Register means that actions affecting the Old Great North Road require the approval of the Heritage Council of New South Wales prior to being undertaken, unless an exemption has been granted by the Minister administering the Heritage Act on the recommendation of the Heritage Council under section 57(2). The Heritage Council consists of 15 members, 12 of whom are appointed by the Minister administering the Heritage Act. The Heritage Council's membership reflects a cross-section of community, government and conservation expertise such as the National Trust of Australia. The Heritage Council carries out functions under the Heritage Act and receives advice and administrative support from the Heritage Office. In addition to acting as the approval body for items listed on the State Heritage Register, the functions of the Heritage Council include:

• to make recommendations to the Minister regarding the listing of places of State Heritage significance on the State Heritage Register; and

• to make recommendations to the Minister related to the taking of measures

for or with respect to the conservation, exhibition or display of, the provision of

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access to, and the publication of information concerning items of environmental heritage.

Once formally endorsed by the Executive Director, Culture and Heritage Division, DECC, the CMP and Maintenance Plan will provide the guiding policies for the ongoing conservation of the Old Great North Road, and assist in the assessment of applications for works and for the purposes of granting exemptions from approvals for certain activities consistent with these policies under sections 57(1) and (2) of the Heritage Act. This Management Plan relies primarily on the CMP to provide the policies that will also be employed to identify, protect, conserve, present, and transmit to future generations the relevant National and World Heritage values of the Old Great North Road. Policies that will be used to achieve these aims in relation to all the identified heritage values of the Old Great North Road, including State, National and World Heritage values, are described in the 2007 addendum to the CMP. At the time of listing on the State Heritage Register, a number of site-specific exemptions were gazetted under section 57(2) of the Heritage Act by the Minister for Planning, based on the advice of the New South Wales Heritage Council. These exemptions were to enable day-to-day activities with no heritage impact that comply with specific policies in the CMP and Maintenance Plan to be undertaken without Heritage Council approval, and include for example all ongoing maintenance, repainting and repairs identified in and consistent with the CMP and Maintenance Plan and which do not impact on significant fabric identified in the CMP. In March 2006, the Minister for Planning, pursuant to section 57(2) of the Heritage Act and on the recommendation of the Heritage Council of New South Wales, revoked the Schedule of Exemptions to subsection 57(1) of the Heritage Act made under subsection 57(2) and published in the Government Gazette on 7 March 2003, 18 June 2004 and 8 July 2005; and instead granted standard exemptions from section 57(1) of the Heritage Act, described in the Standard Exemptions for Works Requiring Heritage Council Approval. In July 2002, the Heritage Council delegated certain approvals powers to the then Director, Cultural Heritage Division, National Parks and Wildlife Service. As a result of departmental amalgamations in the interim, the delegated approval power is now held by the Executive Director Culture & Heritage Division in the Department of Environment and Climate Change. The delegations allow the Executive Director to approve a majority of applications for development to State Heritage Register listed items and to approve the undertaking of activities pursuant to the standard exemptions referenced above. The Heritage Act also sets mandatory minimum standards for the ongoing maintenance and repair of places listed on the State Heritage Register (see sections 118-122 of the Heritage Act and clauses 10-18 of the Heritage Regulation 1999 and Heritage Regulation 2005). Ministerial principles and statutory guidelines issued by the Heritage Council, which set best practice heritage management approaches including standards for the day-to-day care of the place, also apply to the Old Great North Road. Management arrangements for the Old Great North Road are discussed in more detail below (see ‘Management Framework’).

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d. Assessment and Approvals Processes The statutory framework regulating the Old Great North Road ensures that any act which may have a potential impact on the State, National or World Heritage values of the place is thoroughly assessed and scrutinised before any approval is granted. A proposed activity on the Old Great North Road site may require approval under the NPW Act and assessment under the EP&A Act, Heritage Act and potentially the EPBC Act, before the activity may commence. Details of the assessment and approval process under each Act are described below. (i) Assessment and approval under the National Parks and Wildlife 1974 As the Old Great North Road is on land reserved under the NPW Act, any proposal for the road must be “permissible” under the Act. Some activities are definitely prohibited in a national park. For example, the NPW Act clearly prohibits mining in national parks. Activities on park can also be prohibited by an order or direction from the park authority under clauses 4 and 5 of the Regulation. For example, signs in parks regulate activities such as bike riding, horse riding and camping. Clause 4(2) of the NPW Regulation provides that a person cannot carry out any activity in a park in contravention of the terms of such a notice without the consent of the park authority. For other uses the Act may be silent on the appropriateness of a proposal. To determine permissibility, the following matters need to be considered:

1) is the activity is in accordance with the objects and purposes of the NPW Act, including the management principles for the relevant reserved land;

2) is the activity a type of activity expressly authorised under the NPW Act (see for example section 151 of the NPW Act);

3) is the activity is in accordance with the plan of management for the reserved land;

4) is the activity in accordance with DECC policies. Additional requirements on permissible activities The NPW Act and Regulation may impose additional requirements on certain activities. For example, consent must not be granted for telecommunication facilities unless they comply with criteria in s153D of the NPW Act. Approval under the NPW Act or Regulation does not affect the need to comply with other relevant laws, such as the Protection of the Environment Operations Act 1997. An activity which requires consent or approval must be conducted in accordance with that consent or approval and any conditions attached to the consent or approval. Failure to do so is an offence under the Act or Regulation. Activities which do not require approval under the NPW Act or Regulation Some activities may not need consent or approval under the NPW Act or Regulation to be carried out on land reserved under the NPW Act. These are generally those minor activities not prohibited by the NPW Act, Regulation, or by a direction or notice

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by the park authority under clauses 4 and 5 of the Regulation. For example, consent or approval is generally not needed to bushwalk in a park (depending on the relevant directions or notices applicable to that park). However, under clause 20 of the NPW Regulation, guided commercial bushwalking activities is prohibited without the consent of the park authority. DECC will seek to ensure that day-to-day and minor management actions that would not normally require assessment and approval, or that are designed to address the management of values other than the National and World Heritage values, are nonetheless consistent with the management of the National and World Heritage values of the Old Great North Road. Existing Interests Existing interests are authorities, authorisations, permits, leases, licences and permissive occupancies issued by the Crown which were in place immediately prior to the reservation of land under the NPW Act. The reservation of land under the NPW Act does not effect the terms and conditions of the existing interest, or the use of land in accordance with that interest (s.39 NPW Act). An activity carried out in accordance with the terms and conditions of an existing interest that remains in force will generally not require approval under the Act or Regulations, regardless of whether it is consistent with the objects and purposes of the Act, the management principles of the reserved land, or the management plan for the reserved land. However, if the holder of an existing interest requires consent under s 90 NPW Act or an approval under the Heritage Act, or a licence to ‘harm or pick’ threatened species under s 91 of the Threatened Species Conservation Act 1995 (TSC Act) then a review of environmental factors (REF) may be required. (ii) Assessment and Approval under the Environmental Planning and Assessment Act 1979 Part 5 Assessment and Approval The majority of approvals for activities in the Dharug National Park will be under for Part 5 (s.111(1)) of the EP&A Act. Part 5 requires that a determining authority (eg DECC) in its consideration of an activity shall examine and take into account to the fullest extent possible all matters affecting or likely to affect the environment by reason of that activity . Activity is defined in s 110 EP&A Act as:

(a) the use of land, and (b) the subdivision of land, and (c) the erection of a building, and (d) the carrying out of a work, and (e) the demolition of a building or work, and (f) any other act, matter or thing referred to in s 26 that is prescribed

by the regulations for the purposes of this definition but does not include:

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(g) any act, matter or thing for which development consent under Part 4 is required or has been obtained, or

(h) any act matter or thing that is prohibited under an environmental planning instrument, or

(i) exempt development (development of a specified class or description that is of minimal environmental impact is exempt development as defined by an environmental planning instrument), or

(j) development carried out in compliance with an order under Division 2A of Part 6 of the EP&A Act (Note: orders cannot be issued for lands reserved or dedicated under the NPW Act except land dedicated as Abercrombie, Jenolan and Wombeyan Karst Conservation Reserves under s 58U), or

(k) any development of a class or description that is prescribed by the regulations for the purposes of this definition (Note: there is no development prescribed by the regulations for the purposes of this definition)

The proponent must generally submit a REF for the activity. A REF is a document which identifies, scopes and evaluates the impacts of an activity to: • assist the determination of whether an activity should be approved taking into

account, to the fullest extent possible, all matters affecting or likely to affect the environment (s 111 EP&A Act); and,

• determine whether the activity is likely to have a significant affect on the environment (an EIS is then required) or significantly affect threatened species, populations or ecological communities or their habitats (a species impact statement (SIS) is then required).

DECC is a determining authority under the EP&A Act when the activity requires some form of DECC approval, consent, lease, licence or permission or any other form of authorisation, including under legislation for which DECC is responsible, or when DECC is the proponent. DECC is also a determining authority when it provides money or finance to another person. When there is more than one determining authority, a REF must be submitted, to all determining authorities, including DECC. The Director General of DECC or his or her delegate has the authorisation to refuse or approve (with or without conditions) a REF. The Director General can also approve an EIS prepared under Part 5 of the EP&A Act. Environmental impact statements (EISs) are required instead of REFs in certain circumstances. Those that may apply to the Old Great North Road are: • if there is likely to be a significant effect on the environment (environment is

defined as including ‘all aspects of the surroundings of humans, whether affecting any human as an individual or in his or her social groupings’ in s.4 EP&A Act); and

• if the activity affects cultural heritage items and the works are likely to have a high or major impact on the fabric, setting or community values or are contentious in nature and will benefit from public exhibition and comment.

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An EISs must be prepared in accordance with specific statutory requirements of the EP&A Act and Regulation and any requirements of the Director-General of the Department of Planning. The REF and EIS should identify any of the existing environment that will be affected by the proposed activity including natural and cultural heritage and: • items listed in the State Heritage Register. These are items which are recognised

as being of State heritage significance. Listings may be obtained through the NSW Heritage Office website on http://www.heritage.nsw.gov.au/07_subnav_02.cfm;

• items listed on the NPWS Heritage and Conservation Register (under s.170 of the Heritage Act). This register should include all items of heritage significance under NPWS management. Listings on this register may be obtained through the DECC Historic Heritage Information Management System (HHIMS);

• items listed in a PWG Regional Cultural Heritage Management Strategy. Copies are available through the relevant PWG Regional office or the Culture and Heritage Division; and

• any place, building, landscape or movable heritage items older than 25 years but not listed on the above registers also need to be included in the REF or EIS.

If any of the above items are identified as being on the State Heritage Register or the activity involves excavation that may disturb non-Aboriginal sub-surface objects that are over 50 years old (known as “relics”), then an approval under the Heritage Act will need to be obtained. (iii) Assessment and Approval under the Heritage Act 1977 As it is on the State Heritage Register, activities on the Old Great North Road site will also require approval under Part 4 of the Heritage Act. This approval is granted by the Heritage Council and must be obtained prior to an approval under the NPW Act. As noted above, the Executive Director Culture & Heritage Division in DECC is a delegate of the Heritage Council for the purposes of exercising this power unless the activity is likely to “substantially affect the values” of the site. In accordance with section 57 of the Heritage Act, approval is required for any activities which are likely to alter, damage, demolish or develop any part of the Old Great North Road site. Applications for approval under Part 4 of the Heritage Act must be adequately documented. The proponent, in accordance with the Heritage Regulations and the Heritage Council Guidelines, must provide documentation including all drawings and documents necessary to describe the proposal, a Statement of Heritage Impact, and any other supporting documentation. The Statement of Heritage Impact must analyse the proposal in terms of the impact of the proposal on the heritage significance of the site, and against the policies outlined in the CMP. The Statement must show whether the impact of the proposal will compromise the heritage significance of the Old Great North Road. In accordance with this Management Plan, the Statement must also include a consideration of the way in which the National and World Heritage values (if any) are likely to be affected.

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Where an application for approval is made and the Executive Director is of the opinion that, if approved, the approval would “materially affect” the heritage significance of the Old Great North Road, the public is notified of the application. The notification of the proposal and an invitation to comment will be advertised in a nation-wide daily newspaper and on-site, and the proposal and the relevant documentation will be publicly displayed at the office of the approval body. The usual public comment period of 21 days will be extended to 30 days for the purposes of this Management Plan. Notification will address groups with particular communication needs upon request. In reaching its decision about whether to approve proposed works, the Executive Director will consider the material provided by the proponent and an assessment report with recommendations prepared by staff of the Culture and Heritage Division of DECC. Any approval will to seek to ensure that:

• an activity will not be approved if it will have a significant adverse impact on the National and World Heritage values of the Old Great North Road;

• if approved, the activity is subject to any necessary conditions to protect the National and World Heritage values; and

• that any such conditions are appropriately monitored and enforced. (See ‘Compliance, Offences and Penalties’ below.)

Approval may only be granted if it is substantially consistent with the environmental assessment carried out under the EP&A Act and may have specific conditions attached. (iv) Assessment and Approval under the Environment Protection and Biodiversity Conservation Act 1999 Referral process If an activity is likely to impact on the identified values of the Old Great North Road, then the activity should be referred to the Commonwealth Department of Environment and Water for a determination if it constitutes a controlled action. The Act provides that in deciding whether the action is a controlled action, the Minister must not consider any beneficial impacts that the action has, will have or is likely to have. Therefore, activities which will have only beneficial impacts will not be captured by the Act. If the Minister's decision is that an action does not require approval, a person will not contravene the Act if the action is taken in accordance with that decision. Note that an action which has, will have, or is likely to have a significant impact on the World Heritage values of a declared World Heritage property could take place outside the boundaries of a World Heritage property and still impact on those values. Documentation on the referral process, including documentation requirements, can be obtained by contacting Community Information Unit on 1800 803 772 or by accessing the Department of the Environment and Water Resources home page at www.environment.gov.au.

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Assessment and approval If the Minister decides that an action requires approval, then an environmental assessment of the action must be carried out. Proposed actions can be assessed using different methods, depending on a range of considerations, including the complexity of the proposed action. The Minister will let the proponent know which method will be used in assessing the proposed action. The Minister decides whether to approve the action, and what conditions (if any) to impose, after considering the environmental assessment. The Minister will consider the following when deciding if a proposed action should be approved:

• the principles of ecologically sustainable development; • the outcomes of the assessment of the impacts of the proposed action; • referral documentation; • community and stakeholder comment; • any other relevant information available on the impacts of the proposed action

and • relevant comments from the State Minister (such as information on social and

economic factors), (v) Approvals in relation to the Old Great North Road In addition to the requirements set out above, the Ministers responsible for administering the EP&A Act and the NPW Act, and DECC and the NSW Heritage Council in administering the Heritage Act, will seek to ensure that:

• any potential impacts on the National and World Heritage values of the Old Great North Road are appropriately considered at all stages of the assessment and approvals process;

• in assessing an application for approval, and in making a determination in

relation to that application, the decision maker will take account of the precautionary principle;

• an activity will not be approved if it will have unacceptable or unsustainable

impacts (significant adverse impacts) on the National and World Heritage values of the Old Great North Road;

• approved activities will be subject to any conditions necessary to ensure that

the National and World Heritage values of the Old Great North Road are conserved, protected, presented, and transmitted to future generations; and

• any conditions attached to an approval will be appropriately monitored and

enforced. (See ‘Compliance, Offences and Penalties’ below). 6 COMPLIANCE, OFFENCES AND PENALTIES Breach of Act or planning approval The penalties under the NPW Act range from penalties to imprisonment.

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The EP&A Act and the Heritage Act establish mechanisms to ensure that the terms of approvals granted under those Acts and in accordance with this Management Plan will be enforced. The Department of Planning has a Compliance Branch that monitors ongoing compliance with planning approvals. In the event that a proponent does not comply with the conditions of an approval or determination issued under the EP&A Act, a criminal offence is committed (section 125). Proceedings can be brought in the Land and Environment Court or a Local Court. If convicted, penalties range from $10,000 to $100,000 (sections 126, 127). For approvals granted under Part 3A of the EP&A Act, the Minister may impose conditions requiring monitoring or environmental audits to be carried out by approval holders (sections 122B-F). Civil proceedings can be brought in the Land and Environment Court (section 123), if a remedial order is required or if an order is required to restrain a threatened breach. The Court can order the reinstatement of the land or building to its former condition or restrain the land or building from being used for purposes which are not permitted (section124). Similar provisions exist under the Heritage Act. Proceedings can be brought in the Land and Environment Court to restrain a breach of any of the provisions of the Heritage Act (section 153). If the damage has already occurred, an order can be sought requiring the offender(s) to restore the damaged land or building to its condition immediately before the breach was committed (section 154). A criminal offence is also committed, punishable in the Land and Environment Court, with fines of up to $1.1 million and up to six months imprisonment (section 157). Offences committed by third parties In the event that the act of a third party impacts on the National and World Heritage values of the Old Great North Road, the provisions of the Crimes Act 1900 may apply. A series of crimes dealing with the criminal destruction of property are punishable, by fines or imprisonment. 7 RISK MANAGEMENT Consistent with contemporary practices, risk management is embedded within the administration and management of the reserve system. A number of documents have been developed to put in place protocols and procedures to identify and deal with risks of varying natures. First and foremost for the Old Great North Road, the CMP provides a comprehensive approach to the mitigation of potential risks to its heritage values. The CMP identifies and analyses current and foreseeable risks to the heritage values of the Old Great North Road and details policies that seek to mitigate or avoid these risks, including policies concerning the management and conservation processes to be used, and procedures for monitoring and review of those processes. The policies set out in the addendum to the CMP will also be used to mitigate or avoid potential risks to the

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National and World Heritage values of the Old Great North Road, in order to protect and conserve those values. The statutory framework outlined above provides further protection against risks to the National and World Heritage values of the Old Great North Road by preventing proposed actions that will have unacceptable or unsustainable impacts on the National and World Heritage values of the Old Great North Road from proceeding, and by allowing conditions to be attached to any approvals granted to ensure that any impacts on the National and World Heritage values are prevented or mitigated. Other documents developed by DECC to collectively underpin the protection of national parks include: park management plans, fire management strategies and manual, pest management plans, an OHS staff safety manual and risk management guideline. Visitor impact risks are addressed by the Living Parks strategy which ensures sustainable and culturally appropriate visitation to our Parks. Implementation of DECC’s risk management strategies is monitored and reported through corporate performance reports, DECC’s annual report and key external reports such as State of the Parks. The adequacy of DECC’s risk control is also assessed through systematic audit regimes over sighted by DECC’s Internal Audit Committee, and by the statutory Conservation Audit and Compliance Committee. DECC identifies and prioritises the long term maintenance of reserve system assets through Regional operational planning and will do so through the Assets Maintenance System which is currently being rolled out across the State. 8 CONSULTATION, EXPERT ADVICE AND IMPLEMENTATION This Management Plan for the Old Great North Road will be implemented by the DECC, with operational management of the site to be carried out by the NPWS (the Parks and Wildlife Group of DECC). DECC strives to consult widely with community and peak stakeholder groups to inform and strengthen its planning and policy development. It is also advised by a number of statutory committees, including the National Parks and Wildlife Advisory Council, the Audit and Compliance Committee, regional Advisory Committees and the Aboriginal Cultural Heritage Advisory Committee (see ‘Consultation, Expert Advice and Implementation’ for further information on the role of the Council and committees). DECC seeks to involve Aboriginal communities in the establishment and management of the parks system. Its ongoing work with Aboriginal communities includes co-management arrangements established for a number of parks and reserves. The National Parks and Wildlife Advisory Council is a statutory advisory committee to the NSW Department of Environment and Climate Change. The purpose of the NPW Advisory Council is to:

(a) to provide advice to the Minister and the Director-General on:

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i. strategies for attaining the objects of this Act, and

ii. the development, implementation and review of the policies and plans of the Service directed towards achieving those objects, and

iii. strategies for promoting, consistent with this Act, the conservation of

natural and cultural heritage outside the reserve system, and

iv. the care, control and management of areas reserved under this Act and the development, implementation, review, amendment and alteration of plans of management for those areas, and

v. the preservation and protection of wildlife, and

vi. conservation agreements and conservation areas, and

vii. wilderness areas and wild rivers, and

viii. any matter referred to the Council for advice under this Act or by the

Minister or the Director-General or that the Council considers necessary for the administration of this Act.

(b) to consult with the Director-General on the Service’s operations and on the administration of this Act, (c) such other functions as are conferred on it by or under this or any other Act.

The NPW Council consists of 19 members appointed by the Minister, and is required under the NPW Act to comprise:

a) 4 members of advisory committees representing the geographic spread of the reserve system,

b) persons with expertise in non-government organisations concerned with the conservation of nature, one of whom is to be selected from a panel of 3 nominees of the National Parks Association of NSW Inc and one of whom is to be selected from a panel of 3 nominees of the Nature Conservation Council of NSW,

c) 1 person with expertise and experience in Aboriginal cultural heritage conservation,

d) persons with scientific qualifications in areas associated with the conservation of nature,

e) 1 person with qualifications in cultural heritage research, f) 1 person with expertise and experience in ecotourism or the sustainable

visitor use, enjoyment and appreciation of reserves, g) 1 person representing peak recreational bodies, selected from a panel of 3

nominees of bodies that, in the opinion of the Minister, are peak recreational bodies,

h) 1 person with expertise and experience in environmental education and community involvement in environmental education,

i) 1 person with expertise and experience in rural and regional development and planning issues,

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j) 1 person with expertise and experience in agriculture and rural issues, being a person nominated by the New South Wales Farmers’ Association,

k) 1 person with expertise and experience in bush fire management, l) persons with experience in planning and local government, to be selected

from a panel of 4 persons nominated by the Local Government and Shires Association,

m) persons who are members of the Aboriginal Cultural Heritage Advisory Committee and have been nominated by that Committee.

In appointing and re-appointing these members, the Minister is to ensure, as far as is reasonably practicable, that members of the Council are appointed from a range of organisations that have dealings with NPWS. The NPW Act also requires the Director-General to constitute a regional advisory committee (RAC) for each administrative region. The RAC for the Old Great North Road is the Central Coast Hunter Ranges Regional Advisory Committee. The function of advisory committees is to:

a) provide advice to the Director-General and the Council on policies and plans for the administrative region for which it was constituted,

b) provide advice to the Director-General and the Council on activities carried out or proposed to be carried out within the administrative region for which it was constituted,

c) provide advice to responsible authorities within the meaning of section 71BO on draft plans of management relating to the administrative region for which it was constituted and to the Council on the implementation of such plans of management,

d) provide advice to the Director-General on the implementation of plans of management relating to the administrative region for which it was constituted.

The Aboriginal Cultural Heritage Advisory Committee was appointed by the Minister for the Environment in March 2006, and is DEC’s principal advisory body on Aboriginal cultural heritage. The committee has 11 members, and contributes to the development of statewide policies and programs on, and approaches to, managing Aboriginal cultural heritage. The four local governments with responsibility for those sections of the Old Great North Road not reserved as part of Dharug National Park (Hawkesbury, Gosford, Hornsby and Cessnock) have formed a Convict Trail Committee to prepare a plan of management for the entire length of the road. The NPWS will liaise with the Convict Road Committee to ensure that its management of the Old Great North Road (that part of the road in Dharug National Park) is complementary to the management of the other (non-park) sections of the road. 9 MANAGEMENT PLAN REVIEW This Management Plan will be monitored on an ongoing basis and reviewed by the Australian Government and the State of New South Wales at intervals of not more than ten years.

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10 PUBLIC CONSULTATION This Management Plan was exhibited for public comment for a period of eight weeks (3 July 2007 – 24 August 2007). Submission can be sent to: The Manager Policy Planning and Programs Section Parks and Wildlife Department of Environment and Climate Change PO Box 1967 HURSTVILLE NSW 2220 11 ACKNOWLEDGEMENTS This Management Plan has been drafted by the New South Wales Department of Environment and Climate Change with assistance from the New South Wales Heritage Office.

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APPENDICES Appendix A: Dharug National Park Plan of Management, NSW National Parks and Wildlife Service, July 1997 Please see: http://www.nationalparks.nsw.gov.au/PDFs/pom_final_dharug.pdf Appendix B: Draft Old Great North Road Conservation Management Plan, Griffin NRM 2004 Please see: http://www3.environment.nsw.gov.au/npws.nsf/Content/DharugNP_OldGreatNorthRoad_cmp_draft Appendix C: Old Great North Road Maintenance Plan, (Young D, Urwin N, Ireland T, 2007) [Currently being finalised. To be published prior to the World Heritage Nomination]

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Appendix D: Statement of the National Heritage Values of the Old Great North Road Criterion Values A Events, Processes

The Old Great North Road is the best surviving example of an intact convict built road with massive structural works which remain undisturbed by later development on or around the road. Re-offending convicts were sentenced to hard labour in road gangs where they worked in isolated and harsh conditions for months at a time. The worst convicts worked in leg irons and collars. The road gangs served to maintain order within the settlements and were intended to dissuade criminal activity in Britain and rebut the view that transportation was desirable. This section of the road is a particularly challenging and steep 7.5 km segment of the 250 km long Great North Road which took over ten years to complete (1826-36). It includes both Finch's Line built in 1828 and the realigned road ascending Devine's Hill built between 1829-32. The road construction required substantial cut and fill operations, the building of massive dry stone retaining walls up to 9.5 metres high supported by stone abutments and the construction of an extensive drainage system. The place retains a comparatively rich array of structural features and construction elements, including both the original alignment of the road (Finch's Line) and the realigned ascent of Devine's Hill, the retaining walls with their abutments, cuttings, embankments, quarry sites and drains. The road construction illustrates the design solution to overcome terrain conditions in the bushland environment. The landscape setting with the road works and stockade indicates the work practices and living conditions of the convict labourers and their supervisors. The engraved '25 R. Party' and the convict graffiti rock carving convey an evocative link to the people involved in the works. Old Great North Road provides evidence of the transition of New South Wales from a penal colony to a permanent settlement and is an excellent representation of the extensive road building undertaken by Governor Ralph Darling to expand the colony, provide transportation and communication links with dispersed settlements, and provide harsh punishment for convicts.

G Social value

The place has strong associations with the local community as evidenced by the Convict Trail Project which two local communities instigated in 1994 by building on existing community involvement in initiatives to preserve the local area. The Convict Trail Project has become an over-arching body that draws together all parties with an interest in the Great North Road, including community, government, research and heritage professionals. It has been nationally recognised as one of the most successful community-based heritage organisations.

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Appendix E: Addendum to Draft Old Great North Road Conservation Management Plan – State of Conservation, Key Indicators for Monitoring & Policy, 2007 [Currently being drafted. To be published prior to the World Heritage Nomination.]

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