Natural Resource Law Advice for Land Purchase in Bathurst Assignment Sample

Environmental and Planning Rules Affecting RU1 Zoning

Main Body

• Case: Legal Advice To Client For Purchasing Land In Bathurst Local Government Area.

Statement Of Facts

In the current case, the client is looking forward to purchasing land which is in the Bathurst Local Government area under the zoned RU 1 Primary Production. The purpose of purchasing the land is for viniculture, which includes growing grapes for making wine from it. For the business, the owner is planning to build a shed where the equipment will be stored and wine will be created. Also, a cellar door will be operated on the premises where the people can come and try the wine and have lunch along with live entertainment [1]. Also, the business will be making use of wind turbines and solar panels for generating energy and also the collection of rainwater will be done for improving the irrigation system. This land was neglected in the past for some time and also is overgrown with weeds and grasses. Moreover, the land also has native vegetation which will be removed and includes the growing of Megalong Valley bottlebrush (Callistemon megalongensis). Now the business wants to assess the legal risk and the most common is that if case land is purchased, then the growing of Megalong Valley bottlebrush will be removed and this can impact the environment to a great extent. Moreover, the issue also includes the fact that RU 1 Primary production aims at encouraging sustainable primary induct production by the maintenance of natural resources. But in case the land is purchased, then it will be removed and it may affect the natural resources of the country.

Law

Concerning the decision to buy the land, the business needs to analyse the different frameworks and legal guidance so that the decision to purchase can take place. In case the overall working will be managed, then it will improve the efficiency of the business and ultimately the decision will be taken [2]. In the current case, different rules are applicable and include checking the requirements of the Environment Protection and Biodiversity Conservation Act 1999 (Cth), Biodiversity Conservation Act 2016 (NSW), Bathurst Regional Local Environmental Plan 2014 (NSW), Local Land Services Act 2013 (NSW) and Environmental Planning and Assessment Act 1979 (NSW). In the current situation, all these legislative frameworks are applicable and the business needs to ensure that the requirements of all these laws is fulfilled. In case it is fulfilled, then it will provide the opportunity for the business to buy the land and start the viniculture.

Discussion

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) aims at providing for the protection of the environment, particularly for matters relating to national environmental significance [3]. According to the research, the Megalong Valley bottlebrush (Callistemon megalongensis) is listed as a critically endangered species and for this, it is mandatory that the growing of this species is not removed. In case the business will be removing this species, then it will affect the overall working to a great extent. The government will not be allowing the business to remove this species as it is endangered and in case it is removed, then it will affect the overall development of the environment and this is not at all good for the country.

Moreover, according to the Bathurst Regional Local Environmental Plan 2014 (NSW), there are certain Primary products which state that within the permitted with consent comes the cellar door premises and as a result of this the business can purchase the land [4]. It is due to the reason that the business is planning to make cellar doors for the consumers where they can taste the wine and can also have lunch and do other activities. Thus, according to this act, there will not be any legal risk involved while purchasing the land. It is due to the reason that in the act, the cellar door premises is defined as a place or building which is used for selling the wine which is also produced in the winery which is situated on that particular land only.

Further, according to the compliance with the Environmental Planning and Assessment Act 1979, it is clear that one of the main objectives is to promote effective economic use of the land in an appropriate and effective manner. In case the proper land is not maintained and the surrounding environment is not kept safe, then it will affect the working of the company to a great extent [5]. When the land is purchased and is optimally used, then it will improve the economic development of the area and resultantly, the whole economy will increase. Moreover, in compliance with this law, the business also needs to protect the growing of Megalong Valley bottlebrush (Callistemon megalongensis) within that land only. It is the prime responsibility of the business that in case they purchase that particular land, then they will be responsible for protecting that particular species to a great extent. Hence, ultimately sustainable management will be promoted and as a result of this, the overall development of that particular area will be improved and good design and amenities must be provided within the environment.

Moreover, by complying with section 36 of the Local Land Services Act 2013 No. 51, it is stated that a clear strategic plan must be prepared so that the overall work can be planned clearly. Thus, according to this law, the plan must be made keeping in mind all the appropriate environmental, social and economic aspects [6]. Also, the business must keep in mind environmental protection, as without it the working cannot be improved and the land use will also not be done effectively. For the effective purchasing of the land, there is no requirement for approval from the local or state government. This rule is only applicable in the case of the resident of Australia. In contrast to this, if the person or the business is non-resident, then there is a requirement of the FIRB approval, which is approval from the Foreign Investment Review Board, that is needed for purchasing any of the property in Australia [7]. This FIRB is a type of body which was recognised in 1976 as a non-statutory for advising the treasurer relating to the foreign investment policy. Thus, for the local person or the business, there is not any requirement of taking any kind of approval from the state, central or federal authorities. Only it is mandatory for the company that they comply with all the obligations and regulations provided within the specific laws which are to be followed in the working.

Conclusion

With the above analysis of the issue, it is clear that the business wants to know whether the purchasing of the land will be fruitful or not. Hence, the above study concluded that in case the land is purchased, then it will improve the work. Moreover, according to the guideline provided by the Bathurst Regional Local Environmental Plan 2014 (NSW), the cellar doors are permitted and thus, the company can operate its business vineyard on that particular piece of land. The only thing which the business has to keep in mind is the fact that they will have to protect the Megalong Valley bottlebrush (Callistemon megalongensis), which is growing on that land. The direction of the plant can be changed but the business cannot stop them growing. Rather, the business can try to put the direction of the plant in some extreme corner such that it will not be coming in the way of cellar doors. At last, it was also seen that there is no requirement of approval from the local government in case the business is a resident of Australia only.