NSW Ramsar Plan 2006-09 - Nominations to the Ramsar Convention in NSW: The Ramsar nomination process in NSW
To date, the nomination process for Ramsar sites in NSW has been highly variable, with each new nomination defining a different pathway. Given the variation in tenure of wetlands in NSW that are expected to be listed under the Ramsar Convention, as well as the number of stakeholders that may be involved in any nomination, it is likely that some procedural differences will remain. A systematic approach to nominations will ensure that all stakeholders are kept informed about the progress of nominations and are clear about their roles and responsibilities in the consultation and approval process, as well as in the ongoing management of the wetlands.
To date, the nomination process for Ramsar sites in NSW has been highly variable, with each new nomination defining a different pathway. Given the variation in tenure of wetlands in NSW that are expected to be listed under the Ramsar Convention, as well as the number of stakeholders that may be involved in any nomination, it is likely that some procedural differences will remain. A systematic approach to nominations will ensure that all stakeholders are kept informed about the progress of nominations and are clear about their roles and responsibilities in the consultation and approval process, as well as in the ongoing management of the wetlands.
Although DECC is responsible for making submissions to the state and Australian governments for the nomination of Ramsar sites in NSW, any entity, including private landholders, community groups and local and NSW Government agencies, can propose a wetland for consideration to the list of nominees.
All proposed wetlands will be considered by DECC, which will determine, in consultation with the landowner, whether the wetland adequately meets the Ramsar criteria, and whether the proposal is supported by relevant stakeholders and agencies. The list of nominations will be prioritised according to an index of ecological value.
A number of significant and sensitive issues are integral to a wetland being designated to the Ramsar List. These include recording its boundaries and ecological character, and ensuring its stakeholders are aware of the perpetual nature of Ramsar listing and the potential for the wetland's listing to appear on its title deed. The long-term support of landholders and protection of Ramsar wetlands depend on these issues being dealt with adequately in the nomination process, which will in most cases be facilitated by DECC.
In instances where non-government groups or landholders wish to lead a nomination, they are encouraged to enter discussions with DECC at an early stage and to adopt an approved nomination strategy that will ensure all aspects are consistent with NSW and Australian government priorities and agreements. A summary of the process is provided below.
Table 2.1: The 12-stage Ramsar nomination process in NSW
| Stage | Action and responsible party |
|---|
| 1. Nomination is proposed by the landholder or third party | Any one in NSW, including DECC and other state government agencies, can apply to the Director General of DECC for an area of wetland to be considered for designation as a Ramsar site. A written request is preferred method. Sites that are identified as a priority for Ramsar designation will be processed first. Landowner consent is required before third-party nominations can proceed. |
| 2. Traditional owner consent | If a proposal is initiated by a third party or the proposed area is within the protected area system, consent from indigenous traditional owners is required. Early consideration should also be given to consulting other Aboriginal people with strong associations to the wetland. |
| 3. Boundaries delineated and tenure verified | Clearly define the boundaries and tenure on a map during the nomination process, in accordance with specifications provided by DECC. This step is essential; the map will become part of the Ramsar Information Sheet and a boundary description will be gazetted. |
| 4. Assessment against the Ramsar criteria | Listed wetlands must meet one or more of the nine assessment criteria in the Ramsar Convention (see Appendix 2). Evidence that criteria have been met is required as part of the Ramsar Information Sheet (RIS) that must be lodged with the Ramsar Secretariat. Guidelines for applying criteria and completing the RIS can be found at www.ramsar.org/ris/key_ris.htm. |
| 5. Natural resource management and agency referral | DECC will undertake formal consultation with state agencies - typically the Cabinet Office, Premier's Department, DPI, Department of Aboriginal Affairs (DAA) and Tourism New South Wales - and the relevant catchment management authority, prior to nominating a site to the Australian Government. |
| 6. Stakeholder consultation | Consultation with site neighbours and stakeholders should take place to assure the NSW and Australian Governments that the nomination is supported by stakeholders. The nature of this process will vary depending on land tenure, number of stakeholders and the level of interest, but DECC and Australian Government Department of Environment and Heritage will need to be satisfied with the level of consultation and that stakeholders have been given information about the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). |
| 7. Ramsar Information Sheet and map | The landholder is responsible for preparing the RIS and mapping boundaries. Advice and guidance for the preparation of both is available from DECC. The RIS will be reviewed by DECC and the map and boundary description will be attached to the completed RIS as part of formal nomination documentation. |
| 8. Ramsar plan of management | Under the EPBC Act, a plan of management for the wetland is required for each site. This should be completed during the nomination process and include a benchmark description of the ecological character of the site at the time of nomination. |
| 9. Ramsar agreements | Where multiple obligations are identified for a site, a Ramsar agreement may be formalised that incorporates agreed management principles, roles and responsibilities. For private lands, it is likely that registration on property title will be required. |
| 10. Legal advice | DECC recommends that all responsible parties to the Ramsar agreement take independent legal advice about the form and content of the agreement, and the plan of management. |
| 11.NSW Government approval and sign-off | The contracting parties and key agencies are given an opportunity to review the finalised nomination documentation together with any plan of management or Ramsar agreement before DECC forwards it to: first, the NSW Government for approval; then the landholder/s and other stakeholders for their signatures. |
| 12. Australian Government and Ramsar Secretariat endorsement | As soon as the formal nomination documents are finalised, the NSW Government submits the nomination to the Australian Government. The Australian Government then writes to the Ramsar Secretariat to request designation of the site to the Ramsar Convention. |
More information
- Download the full document, NSW Ramsar Plan 2006-09 (PDF - 596KB)
- Delivering the Ramsar Convention in NSW provides additional guidance with regard to the individual site-management principles, roles and responsibilities identified in each memorandum of understanding negotiated between non-government Ramsar site owners in NSW and the Australian and NSW governments.
Page last updated: 26 February 2011
