Referral of proposed action What is a referral? The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) provides for the protection of the environment, especially matters of national environmental significance (NES). Under the EPBC Act, a person must not take an action that has, will have, or is likely to have a significant impact on any of the matters of NES without approval from the Commonwealth Environment Minister or the Minister’s delegate. (Further references to ‘the Minister’ in this form include references to the Commonwealth Environment Minister or the Minister’s delegate.) To obtain approval from the Minister, a proposed action must be referred. The purpose of a referral is to enable the Minister to decide whether your proposed action will need assessment and approval under the EPBC Act. Your referral will be the principal basis for the Minister’s decision as to whether approval is necessary and, if so, the type of assessment that will be undertaken. These decisions are made within 20 business days, provided sufficient information is provided in the referral.

Who can make a referral? Referrals may be made by or on behalf of a person proposing to take an action, the Commonwealth or a Commonwealth agency, a state or territory government, or agency, provided that the relevant government or agency has administrative responsibilities relating to the action.

When do I need to make a referral? A referral must be made by the person proposing to take an action if the person thinks that the action for actions that has, will have, or is likely to have a significant impact on the following matters protected by Part 3 of the EPBC Act:  World Heritage properties (sections 12 and 15A);  National Heritage places (sections 15B and 15C);  wetlands of international importance (sections 16 and 17B);  listed threatened species and communities (sections 18 and 18A);  listed migratory species (sections 20 and 20A);  protection of the environment from nuclear actions (sections 21 and 22A);  Commonwealth marine environment (sections 23 and 24A);  Great Barrier Reef Marine Park (sections 24B and 24C);  a water resource, in relation to coal seam gas development and large coal mining development (sections 24D and 24E);  the environment, if the action involves Commonwealth land (sections 26 and 27A), including: o actions taken outside Commonwealth land that are likely to have a significant impact on the environment of Commonwealth land; o actions taken on Commonwealth land that may have a significant impact on the environment generally;  the environment, if the action is taken by the Commonwealth (section 28); and  Commonwealth Heritage places outside the Australian jurisdiction (sections 27B and 27C). You may still make a referral if you believe your action is not going to have a significant impact, or if you are unsure. This will provide a greater level of certainty that Commonwealth assessment requirements have been met. To help you decide whether or not your proposed action requires approval (and therefore, if you should make a referral), the following guidance is available from the Department’s website:  Submitting a referral under the EPBC Act – A fact sheet for a person proposing to take an action http://www.environment.gov.au/epbc/publications/factsheet-environment-assessment-process

001 Referral of proposed action v July 2016 Page 1 of 16  the Policy Statement titled Significant Impact Guidelines 1.1 – Matters of National Environmental Significance http://www.environment.gov.au/epbc/publications/significant-impact-guidelines-11-matters-national- environmental-significance Additional sectoral guidelines are also available.  the Policy Statement titled Significant Impact Guidelines 1.2 - Actions on, or impacting upon, Commonwealth land, and actions by Commonwealth agencies http://www.environment.gov.au/epbc/publications/significant- impact-guidelines-12-actions-or-impacting-upon-commonwealth-land-and-actions  the Policy Statement titled Significant Impact Guidelines: Coal seam gas and large coal mining developments— Impacts on water resources http://www.environment.gov.au/resource/significant-impact-guidelines-13-coal- seam-gas-and-large-coal-mining-developments-impacts  the interactive map tool (enter a location to obtain a report on what matters of NES may occur in that location) http://www.environment.gov.au/epbc/pmst/index.html Can I refer part of a larger action? In certain circumstances, the Minister may not accept a referral for an action that is a component of a larger action and may request the person proposing to take the action to refer the larger action for consideration under the EPBC Act (Section 74A, EPBC Act). If you wish to make a referral for a staged or component referral contact the Referrals Gateway (1800 803 772). Do I need a permit? Some activities may also require a permit under other sections of the EPBC Act or another law of the Commonwealth. Information is available on the Department’s web site. Is your action in the Great Barrier Reef Marine Park? If your action is in the Great Barrier Reef Marine Park it may require permission under the Great Barrier Reef Marine Park Act 1975 (GBRMP Act). If a permission is required, referral of the action under the EPBC Act is deemed to be an application under the GBRMP Act (see section 37AB of the GBRMP Act). This referral will be forwarded to the Great Barrier Reef Marine Park Authority (the Authority) for the Authority to commence its permit processes as required under the Great Barrier Reef Marine Park Regulations 1983 (GBRMP Regulations). If a permission is not required under the GBRMP Act, no approval under the EPBC Act is required (see section 43 of the EPBC Act). The Authority can provide advice on relevant permission requirements applying to activities in the Marine Park. The Authority is responsible for assessing applications for permissions under the GBRMP Act, GBRMP Regulations and Zoning Plan. Where assessment and approval is also required under the EPBC Act, a single integrated assessment for the purposes of both Acts will apply in most cases. Further information on environmental approval requirements applying to actions in the Great Barrier Reef Marine Park is available from http://www.gbrmpa.gov.au/ or by contacting GBRMPA's Environmental Assessment and Management Section on (07) 4750 0700. The Authority may require a permit application assessment fee to be paid in relation to the assessment of applications for permissions required under the GBRMP Act, even if the permission is made as a referral under the EPBC Act. Further information on this is available from the Authority: Great Barrier Reef Marine Park Authority 2-68 Flinders Street PO Box 1379 Townsville QLD 4810 AUSTRALIA Phone: + 61 7 4750 0700 Fax: + 61 7 4772 6093 www.gbrmpa.gov.au

What information do I need to provide? Please complete all parts of this form to assist the Department to process your referral efficiently. If a section of the referral document is not applicable to your proposal, please enter N/A. You can complete your referral by entering your information into this Word file. Instructions Instructions are provided in blue text throughout the form.

001 Referral of proposed action v July 2016 Page 2 of 16 Attachments/supporting information The referral form should contain sufficient information to provide an adequate basis for a decision on the likely impacts of the proposed action. You should also provide supporting documentation, such as environmental reports or surveys, as attachments. Coloured maps, figures or photographs to help explain the proposed action and its location should also be submitted with your referral. Aerial photographs, in particular, can provide a useful perspective and context. Figures should be good quality as they may be scanned and viewed electronically as black and white documents. Maps should be of a scale that clearly shows the location of the proposed action and any environmental aspects of interest. Please ensure any attachments are below five megabytes (5mb) as they will be published on the Department’s website for public comment. To minimise file size, enclose maps and figures as separate files if necessary. If unsure, contact the Referrals Gateway (email address below) for advice. Attachments larger than five megabytes (5mb) may delay processing of your referral. Note: The Minister may decide not to publish information that the Minister is satisfied is commercial- in-confidence. If you believe that your referral contains information that is commercial-in-confidence, you must clearly identify such information and the reason for its confidentiality at the time of making the referral. The Minister cannot be satisfied that particular information included in a referral is commercial-in-confidence unless a person demonstrates to the Minister that:  release of the information would cause competitive detriment to the person; and  the information is not in the public domain; and  the information is not required to be disclosed under another law of the Commonwealth, a State or a Territory; and  the information is not readily discoverable. How do I pay for my referral? From 1 October 2014, the Australian Government commenced cost recovery arrangements for environmental assessments and some strategic assessments under the EPBC Act. If an action is referred on or after 1 October 2014, then cost recovery will apply to both the referral and any assessment activities undertaken. Further information regarding cost recovery can be found on the Department’s website at: http://www.environment.gov.au/epbc/publications/cost-recovery-cris If you are an individual or a small business, you may be exempt from paying the referral fee. See Part 9 of this form for further details. You may apply for all or part of a fee to be waived. See Part 9 of this form for further details.

Payment of the referral fee can be made using one of the following methods:  EFT Payments can be made to:

BSB: 092-009 Bank Account No. 115859 Amount: $7352 Account Name: Department of the Environment. Bank: Reserve Bank of Australia Bank Address: 20-22 London Circuit Canberra ACT 2601 Description: The reference number provided (see note below)

 Cheque - Payable to “Department of the Environment”. Include the reference number provided (see note below), and if posted, address:

The Referrals Gateway Environment Assessment Branch Department of the Environment

001 Referral of proposed action v July 2016 Page 3 of 16 GPO Box 787 Canberra ACT 2601

 Credit Card

Please contact the Collector of Public Money (CPM) directly (call (02) 6274 2930 or 6274 20260 and provide the reference number (see note below).

Note: an invoice will be raised and forwarded to you upon submission of your referral which will include the EPBC reference number for your referral.

How do I submit a referral? Referrals may be submitted by mail or email. Mail to: Referrals Gateway Environment Assessment Branch Department of Environment GPO Box 787 CANBERRA ACT 2601

 If submitting via mail, please also provide electronic copies of documentation (on CD/DVD or by email)..

Email to: [email protected]  Clearly mark the email as a ‘Referral under the EPBC Act’.  Attach the referral in a suitable electronic document format (e.g. Microsoft Word and, if possible, PDF).  If submitting via email, please also mail a hardcopy of the referral including copies of any attachments or supporting reports.

What happens next? Following receipt of a valid referral (containing all required information) you will be advised of the next steps in the process, and the referral and attachments will be published on the Department’s web site for public comment. Any person may give the Minister comments on the referral within 10 business days of publication on the Department’s website. The Department will write to you within 20 business days to advise you of the outcome of your referral and whether or not assessment and approval under the EPBC Act is required. There are a number of possible decisions regarding your referral: The proposed action is NOT LIKELY to have a significant impact and does NOT NEED approval No further consideration is required under the environmental assessment provisions of the EPBC Act and the action can proceed (subject to any other Commonwealth, state or local government requirements). The proposed action is NOT LIKELY to have a significant impact IF undertaken in a particular manner The action can proceed if undertaken in a particular manner (subject to any other Commonwealth, state or local government requirements). The particular manner in which you must carry out the action will be identified as part of the final decision. You must report your compliance with the particular manner to the Department. The proposed action is LIKELY to have a significant impact and does NEED approval If the action is likely to have a significant impact a decision will be made that it is a controlled action. The particular matters upon which the action may have a significant impact (such as World Heritage values or threatened species) are known as the controlling provisions. The controlled action is subject to a public assessment process before a final decision can be made about whether to approve it. The assessment approach will usually be decided at the same time as the controlled action decision. (Further information about the levels of assessment and basis for deciding the approach are available on the Department’s web site.)

001 Referral of proposed action v July 2016 Page 4 of 16 The proposed action would have UNACCEPTABLE impacts and CANNOT proceed The Minister may decide, on the basis of the information in the referral, that a referred action would have clearly unacceptable impacts on a protected matter and cannot proceed.

For more information  call the Department of the Environment Community Information Unit on 1800 803 772 or  visit the web site http://www.environment.gov.au/epbc All the information you need to make a referral, including documents referenced in this form, can be accessed from the above web site.

001 Referral of proposed action v July 2016 Page 5 of 16 Referral of proposed action

Proposed Urban Development of (Part) Block 5, Section 10 Greenway action title:

1 Summary of proposed action NOTE: In addition to completing the fields below, you must also attach a map of the area affected by the action that includes the following features (if relevant): the location of the action; the approximate boundary of the areas and habitat mentioned in items 3.1 and 3.2; and to the extent practicable and relevant, the tenure of the project area of the proposed action (e.g. freehold, leasehold etc.). It is the Department’s preference that maps are provided in A4 size and that the geographic information system (GIS) vector (shapefile) dataset associated with the maps is also provided.

1.1 Short description Use 2 or 3 sentences to uniquely identify the proposed action and its location. It is important clearly describe the scope of the action accurately because this description lays the basis for the assessment and approval decision-making processes. For the purposes of the EPBC Act, an action includes:  a project; and  a development; and  an undertaking; and  an activity or series of activities; and  an alteration of any of the above. An action does not include:  a decision by a government body to grant a governmental authorisation for another person to take an action; and  grant funding from a government body, where, a government body is the Commonwealth, a Commonwealth agency, a State or self-governing Territory; an agency of a State or a self-governing Territory or an authority established by a law applying in a Territory that is not a self-governing Territory. The description should refer, as appropriate, to relevant maps. You should obtain your own advice on whether the action you propose to refer constitutes an ‘action’ for the purposes of the EPBC Act.

The proposed action is for the development of part of Block 5, Section 10 Greenway, in the Tuggeranong District of ACT. It is proposed to provide one multi-unit block and a short section of 3.0 metres of community path along the lakefront, at the southern end of the area proposed for development under the Greenway Lakeside East Estate Development Plan (EDP). The proposed action is for residential and ancillary purposes.

The Project Area is situated north of Isabella Pond Weir, between Drakeford Drive and Lake Tuggeranong.

1.2 Latitude and longitude Latitude and longitude details are location point degrees minutes seconds degrees minutes seconds used to accurately map the boundary 1 35° 25’ 18.55”S 149° 04’ 33.20”E of the proposed action. If these coordinates are inaccurate or insufficient it may delay the processing of your referral.

001 Referral of proposed action v July 2016 Page 6 of 16 1.3 Locality and property description Provide a brief physical description of the property on which the proposed action will take place and the location of the proposed action (e.g. proximity to major towns, or for off-shore actions, shortest distance to mainland).

The Project Area is located immediately to the west of Drakeford Drive in Greenway, ACT. The Project Area abuts Tuggeranong Creek, which connects Isabella Pond to Lake Tuggeranong (Figure 1). The Project Area is currently managed as public open space, as part of the Lake Tuggeranong Foreshore, but forms part of the proposed ‘Greenway Lakeside East’ urban development. Tuggeranong Town Centre is located on the western side of Lake Tuggeranong, approximately 300 metres to the west.

Figure 1 – Project Area

001 Referral of proposed action v July 2016 Page 7 of 16 1.4 Size of the development footprint 1 hectare or work area (hectares) 1.5 Street address of the site Drakeford Drive, Greenway, ACT 2900

1.6 Lot description Describe the lot numbers and title description, if known. Part of Block 5, Section 10, Greenway 1.7 Local Government Area and Council contact (if known) If the project is subject to local government planning approval, provide the name of the relevant council contact officer. ACT Government Land Development Agency Mark Overton 1.8 Time frame Specify the time frame in which the action will be taken including the estimated start date of construction/operation. Start dates are unknown at this stage. The preliminary design of this block has been finalised and construction can begin late 2016 if all approvals are received.

The construction period of the proposed estate development is anticipated to be 5-6 months, which would be followed by residential construction. 1.9 Alternatives to proposed action X No Were any feasible alternatives to taking the proposed action (including not taking the action) considered which are not proposed? Yes, please also complete section 2.2

1.10 Alternative time frames, locations X No or activities Does the proposed action include Yes, you must also complete Section 2.3. For each alternative time frames, locations or alternative, location, time frame, or activity identified, you activities? must also complete details in Sections 1.2-1.9, 2.4-2.7 and 3 and 5 (where relevant). 1.11 Commonwealth, State or No Territory assessment Is the action subject to other a X Yes, please also complete section 2.5 Commonwealth, State or Territory environmental impact assessment? 1.12 Component of larger action X No Is the proposed action a component of a larger action? Yes, please also complete section 2.7 1.13 Related actions/proposals X No Is the proposed action related to other actions or proposals in the region? Yes, provide details: 1.14 Australian Government funding X No Has the person proposing to take the action received any Australian Yes, please also complete section 2.8 Government grant funding to undertake the proposed action? 1.15 Great Barrier Reef Marine Park X No Is the proposed action inside the Yes, please also complete section 3.1 (h), 3.2 (e) Great Barrier Reef Marine Park?

001 Referral of proposed action v July 2016 Page 8 of 16 2 Detailed description of proposed action NOTE: You must complete each of the sections below. Please ensure that the description is complete and includes all components and activities associated with the action. If relevant, each of the matters below need to be addressed in respect of each alternative location, time frame, or activity that is identified as part of the description. If certain related components are not intended to be included within the scope of the referral, this should be clearly explained in section 2.7.

2.1 Description of proposed action Please provide a detailed description outlining all activities and aspects of the proposed action and reference figures and/or attachments, as appropriate.

The proposed action involves the subdivision and construction of a medium density residential block and associated works, such as landscaping, footpath and shared pathway. The Project Area subject to this referral is ‘Block E’ within the Greenway Lakeside East EDP (Figure 3).

The works associated with the proposed action will involve:

 Pre-construction works, including: - clearing of existing vegetation; - levelling of the soil; and - excavation works;  Construction of infrastructure, including footpaths, shared pathways and services (water, sewerage, stormwater, electricity, gas and telecommunications);  Release of medium density residential blocks;  Construction of buildings;  Post-construction works, such as stabilisation works and landscaping; and  Occupation and operation.

Detailed planning for the development is not yet complete, however the current approved Territory Plan provides an indication of the proposed future land use; being RZ4 Medium Density Residential (shown as red in Figure 2) and PRZ1 Urban Open Space (shown as green in Figure 2).

001 Referral of proposed action v July 2016 Page 9 of 16

Figure 2 – Land Use Zoning (Territory Plan) (Project Area shown in Black Hatching)

001 Referral of proposed action v July 2016 Page 10 of 16

Figure 3 – Preliminary EDP (Project Area is ‘E – Future Block’)

2.2 Feasible alternatives to taking the proposed action If you have identified that alternatives to taking the action were considered, but are not proposed (in section 1.9), please complete this section. Please provide a detailed description outlining any feasible alternatives to taking the proposed action (including not taking the action) that were considered but are not proposed. (Please note that these do not include any proposed alternative locations, time frames, or activities that form part of the proposed action which are to be discussed below at section 2.3).

The proposed action is part of the new urban release area under the Greenway Lakeside East EDP. It has been deferred from the main development staging as described in Section 2.7.

The only alternative to developing the Project Area is not taking the action. The Project Area on its own is not considered critical for the viability of the entire Greenway Lakeside East Development, however is considered a desirable component of the total development in terms of urban design and functionality.

2.3 Alternative locations, time frames or activities that form part of the referred action If you have identified that the proposed action includes alternative time frames, locations or activities (in section 1.10), please complete this section. Please describe any alternatives related to the physical location of the action, time frames within which the action is to be taken and alternative methods or activities for undertaking the action. For each alternative location, time frame or activity identified, please also complete (where relevant) the details in sections 1.2-1.9, 2.4, 2.7, 3 and 5. Please note, if the action that you propose to take is determined to be a controlled action, any alternative locations, time frames or activities that are identified here may be subject to environmental assessment and a decision on whether to approve the alternative.

No alternative locations, timeframes or activities are considered relevant.

2.4 Context, including any relevant planning framework and state/local government requirements Please explain the context in which the action is proposed, including any relevant planning framework at the state and/or local government level (e.g. within scope of a management plan, planning initiative or policy framework) and social and economic context including as population size, economic opportunities and employment information. Describe any applicable

001 Referral of proposed action v July 2016 Page 11 of 16 Commonwealth or state legislation or policies (other than those related to other environmental impact assessment which are to be discussed below at section 2.5).

The action is proposed in the context of the ACT’s planning legislation, the Planning and Development Act 2007 (PD Act) and the Territory Plan, which is the key statutory planning document in the ACT.

Under the Territory Plan, the Project Area is designated as RZ4 Medium Density Residential and PRZ1 Urban Open Space (Figure 2). The proposed urban development is consistent with the objectives of these zones.

The action as described by this referral will require approval under the PD Act. The action would trigger ‘Impact Track’ assessment under Schedule 4 of the PD Act due to potential impacts to a threatened ecological community, and the clearing of more than 0.5 hectares of native vegetation.

This is discussed further under Section 2.5 below.

2.5 Environmental impact assessments under Commonwealth, State or Territory legislation If you have identified that the proposed action will be, is being or has been subject to a Commonwealth, State or Territory environmental impact statement (in section 1.11), please complete this section. Please describe any environmental assessment of the relevant impacts of the proposed action that has been, is being, or will be carried out under Commonwealth, State or Territory legislation. Specify the type and scope of the assessment (for example, whether the assessment relates to part or the whole of the proposed action, or the proposed action, as a component of a larger action), the relevant legislation and the current status of any assessments or approvals. Where possible, provide contact details for the relevant assessment contact officer. Further, please describe or summarise any public consultation undertaken, or to be undertaken, during the assessment. Attach copies of relevant assessment documentation and outcomes of public consultations (if available).

Three ecological investigations have been undertaken for the Project Area and its surrounds: Booth Associates Pty Ltd (2011)1; Open Lines Environmental Consulting (2011)2; and Umwelt (Australia) Pty Ltd (2016)3. A number of targeted surveys and investigations have been undertaken for a range of species.

The proposed action has not been assessed under the PD Act at this stage. It is considered that it is likely to be progressed under one of three approaches as prescribed by the PD Act:

1) Assessment under the ‘Impact Track’ process, where an Environmental Impact Statement (EIS) would be required;

2) Assessment under the ‘Impact Track’, with an exemption under Section 211 of the PD Act so that an EIS is not required; or

3) Assessment under the ‘Merit Track’ following granting of an Environmental Significance Opinion (ESO) by the Conservator of Flora and Fauna.

For an exemption to be granted under S.211, an application to the Environment and Planning Directorate (EPD) would need to be submitted identifying the extent of investigations already undertaken for the project area, and identifying management and mitigation measures, to demonstrate that the preparation of an EIS would not provide any further information regarding likely impacts.

For an Environment Significance Opinion (ESO) to be granted, the application would be referred to the Conservator or Flora and Fauna who would determine whether a significant adverse environmental impact to relevant matters under Schedule 4 of the PD Act is likely.

1 Booth Associates Pty Ltd (2011) Flora and Fauna Assessment – Section 10, 57, 58, 59, 65 and 66 Greenway, ACT, prepared for the Land Development Agency, Canberra. 2 Open Lines Environmental Consulting (2011) Greenway Ecological Analysis, prepared for the Land Development Agency, Canberra. 3 Umwelt (Australia) Pty Ltd (2016) Greenway East Ecological Assessment, prepared for Calibre Consulting, Canberra.

001 Referral of proposed action v July 2016 Page 12 of 16 If the action is assessed under an EIS, full community consultation will be required, as well as consultation with stakeholders in the ACT Government, Heritage Council, Conservator of Flora and Fauna, emergency services and utility providers.

2.6 Public consultation (including with Indigenous stakeholders) Your referral must include a description of any public consultation that has been, or is being, undertaken. Where Indigenous stakeholders are likely to be affected by your proposed action, your referral should describe any consultations undertaken with Indigenous stakeholders. Identify the relevant stakeholders and the status of consultations at the time of the referral. Where appropriate include copies of documents recording the outcomes of any consultations.

Public consultation has not been undertaken for the proposed action, as the project is still considered to be within its early stages. Once the project proceeds under the PD Act, it will be made available for public consultation for a legislated period.

Additional consultation would be undertaken with the Conservator of Flora and Fauna, emergency services and utility providers throughout the preparation and assessment of the development approval application, regardless of which assessment track is undertaken.

2.7 A staged development or component of a larger action If you have identified that the proposed action is a component of a larger action (in section 1.12), please complete this section. Please provide information about the larger action and details of any interdependency between the stages/components and the larger action. You may also provide justification as to why you believe it is reasonable for the referred action to be considered separately from the larger action (e.g. the referred action is ‘stand-alone’ and viable in its own right, there are separate responsibilities for component actions or approvals have been split in a similar way at the state or local government levels).

The proposed action forms part of the Greenway Lakeside East Urban Development, however has been separated from the larger part of the development area. The Project Area has been designated as a ‘deferred area’ due to its ecological values, and potential constraints associated with its development.

It is considered to be independent to the larger area, as the viability of Greenway Lakeside East is not dependent upon the Project Area being approved and developed, and conversely, the development of the Project Area is not interdependent upon the remainder of Greenway Lakeside East progressing. As such it is considered a ‘stand-alone’ action, and not part of a larger action in the context of this question.

2.8 Related actions If you have identified that the proposed action has related actions (in section 1.13), please complete this section. Please provide information about the related actions including, as appropriate:  the nature, scope and location of the related action;  the nature and scope of the assessment under the relevant legislation;  a statement confirming how the action relates to the Proposed Action;  the key documents produced as part of the assessment, by whom and when (using active statements), and the extent to which the assessment of the action is relevant to the assessment of the impacts of the Proposed Action on the matters protected by the Controlling Provisions of the EPBC Act and the related findings of this Report. Please cross reference to the analysis of the impacts of the Proposed Action below;  public consultation during the assessment including the extent (i.e. duration and means) and results; and  if available, the conclusion of the assessment and final decision following assessment, i.e. approval, approval subject to conditions or refusal.

N/A

001 Referral of proposed action v July 2016 Page 13 of 16 3 Description of environment & likely impacts Note: If you have identified alternatives in relation to location, time frames or activities as part of the proposed action at section 1.10 and 2.3, please complete this section in relation to each of the alternatives identified.

3.1 Matters of national environmental significance Describe the affected area and the likely impacts of the proposed action on the relevant matters protected by the EPBC Act. Refer to relevant maps as appropriate. The interactive map tool can help determine whether matters of national environmental significance or other matters protected by the EPBC Act are likely to occur in your area of interest.

For each matter protected by the EPBC Act, provide a description of the matter including, as appropriate:  a brief description of the matter (for example, for threatened species, the population size, habitat, breeding, diet and life cycle etc);  the status, extent and condition of the matter within the affected area and also more broadly in the region; and  the key threats and threatening processes and beneficial actions and processes for the Protected Matter(s) excluding those from the proposed action, for example, under relevant approved conservation advices, recovery plans or threat abatement plans, management plans or other strategic plans, management principles or obligations under International Conventions.

 Having identified the relevant matters protected under the EPBC Act, identify the impacts the proposed action will or is likely to have on these matters (e.g. light, noise, biodiversity loss, water quality etc). For each type of impact, provide a concise description of the likely nature, scope and consequences of the impact on the Protected Matter(s). In doing so, consider factors such as, as appropriate: whether the impact is a direct or indirect impact - note that, even if your proposed action will not be taken in a World Heritage area, Ramsar wetland, Commonwealth marine area, the Great Barrier Reef Marine Park or on Commonwealth land, it could still impact upon these areas (for example, through downstream impacts) by its indirect impacts;  the timing and duration of the likely impact, for example, one-off, re-occurring or ongoing, short term or long term;  the extent of the impact, for example, uncertain or certain, permanent/irreversible or temporary/ reversible, and localised or broad-scale;  the likely consequence of the impact on the Protected Matter(s), including both adverse and beneficial impacts and any related social and economic impacts;  the likelihood of the impact affecting the Protected Matter(s); and  whether there are any measures available to prevent and avoid, or mitigate and repair the consequences of, the impact.

Your assessment of likely impacts should refer to the following resources (available from the Department’s web site):  specific values of individual World Heritage properties and National Heritage places and the ecological character of Ramsar wetlands;  profiles of relevant species/communities (where available), that will assist in the identification of whether there is likely to be a significant impact on them if the proposal proceeds;  Significant Impact Guidelines 1.1 – Matters of National Environmental Significance; and  Associated sectoral and species policy statements available on the web site, as relevant.

Your assessment of likely impacts should also consider whether a bioregional plan is relevant to your proposed action. The Minister has prepared four marine bioregional plans (MBP) in accordance with section 176 of the EPBC Act. It is likely that the MBPs will be more commonly relevant where listed threatened species, listed migratory species or a Commonwealth marine area is considered.

3.1 (a) World Heritage Properties Description

N/A

Nature and extent of likely impact Address any impacts on the World Heritage values of any World Heritage property.

This action would not impact any world heritage properties.

001 Referral of proposed action v July 2016 Page 14 of 16 3.1 (b) National Heritage Places Description

N/A

Nature and extent of likely impact Address any impacts on the National Heritage values of any National Heritage place.

This action would not impact any world heritage properties.

3.1 (c) Wetlands of International Importance (declared Ramsar wetlands)

Description

A search using the EPBC Act Protected Matters Search Tool (PMST) was undertaken for the Project Area, which identified four Ramsar wetlands as potentially relevant to the proposed action. These wetlands are:  Banrock Station Wetland Complex  Hattah-Kulkyne Lakes  Riverland  The Coorong, and Lakes Alexandrina and Albert Wetland

Nature and extent of likely impact Address any impacts on the ecological character of any Ramsar wetlands.

These wetlands are identified in the PMST as they are located downstream of Lake Tuggeranong, within the same catchment (the Murray Darling Basin). However, these sites are located in South Australia and Victoria, and are considered to be at a substantial distance from the area of disturbance. There is unlikely to be any measurable impact to these wetlands as a result of the proposed action.

001 Referral of proposed action v July 2016 Page 15 of 16 3.1 (d) Listed threatened species and ecological communities Description

A search using the PSMT (with a 5 kilometre buffer) identified 3 threatened ecological communities, and 27 threatened species as having the potential to occur within the site. The majority of these were discounted based on the findings of previous ecological assessments (refer Section 2.5). These are summarised below.

Table 1. Key to Assessment of Likelihood

Potential Definition Known The species or community is known to be present in the Project Area. Potential No known records existing, however habitat in the Project Area is compatible with the known habitat requirements for the species and as such it is considered likely that the species could occur periodically. Low Some features of the Project Area are superficially suitable for the species, however due to other factors, there is only a low likelihood that it could be present. Unlikely Habitat features of the Project Area are not suitable for the identified species or community and it is accordingly considered to either be not present, or only occur opportunistically or rarely and to an extent that it would not be reliant on the Project Area for an important component of its life cycle requirements.

Table 2. Listed Ecological Communities

Community Status Likelihood of Occurrence Alpine Sphagnum Bogs and Associated Fens Endangered Unlikely Natural Temperate Grassland of the South Eastern Critically Endangered Known Highlands White Box-Yellow Box-Blakely’s Red Gum Grassy Critically Endangered Unlikely Woodland and Derived Native Grassland

Table 3. Threatened Species

Community Status Likelihood of Occurrence Birds Regent Honeyeater (Anthochaera phrygia) Critically Endangered Unlikely Painted Honeyeater (Grantiella picta) Vulnerable Unlikely Swift Parrot (Lathamus discolor) Critically Endangered Unlikely Superb Parrot (Polytelis swainsonii) Vulnerable Unlikely Australian Painted Snipe (Rostratula australis) Endangered Unlikely Fish Murray Cod (Maccullochella peelii) Vulnerable Known (in adjacent Lake, not in Project Area) Macquarie Perch (Macquaria australasica) Endangered Unlikely Frogs Green and Golden Bell Frog (Litoria aurea) Vulnerable Unlikely Yellow-spotted Tree Frog (Litoria castanea) Endangered Unlikely Insects Golden sun moth (Synemon plana) Unlikely Mammals Spot-tailed Quoll (Dasyurus maculatus maculatus) Endangered Unlikely Greater Glider (Petauroides volans) Vulnerable Unlikely Koala (Phascolarctos cinereus) Vulnerable Unlikely Grey-headed Flying-fox (Pteropus poliocephalus) Vulnerable Unlikely Plants Black Gum (Eucalyptus aggregate) Vulnerable Unlikely Basalt Peppercress (Lepidium hyssopifolium) Endangered Unlikely Hoary Sunray (Leucochrysum albicans) Endangered Unlikely Tuggeranong Lignum (Muehlenbeckia tuggeranong) Endangered Unlikely Omeo Stork’s-Bill (Pelargonium sp. striatellum) Endangered Unlikely

001 Referral of proposed action v July 2016 Page 16 of 16 Pale Pomaderris (Pomaderris pallida) Vulnerable Unlikely Tarengo Leek Orchid (Prasophyllum petilum) Endangered Unlikely A Leek Orchid (Prasophyllum sp. Wybong) Critically Endangered Unlikely Small Purple Pea (Swainsona recta) Endangered Potential Austral Toadflax (Thesium australe) Vulnerable Potential Reptiles Pink-tailed Worm-lizard (Aprasia parapulchella) Vulnerable Potential Striped Legless Lizard (Delma impar) Vulnerable Unlikely Grassland Earless Dragon (Tympanocryptis Endangered Unlikely pinguicolla)

Based on this assessment of likelihood, listed threatened species and ecological communities which have the potential to be present within, or in close vicinity to the Project Area are as follows:

 Natural Temperate Grassland of the South Eastern Highlands (natural temperate grassland);  Small Purple Pea (Swainsona recta);  Austral Toadflax (Thesium australe);  Pink-Tailed Worm-Lizard (Aprasia parapulchella); and  Murray Cod (Maccullochella peelii).

All other species identified by the PMST are considered unlikely to occur on, or regularly utilise the Project Area.

001 Referral of proposed action v July 2016 Page 17 of 16 Nature and extent of likely impact Address any impacts on the members of any listened threatened species (except a conservation dependent species) or any threatened ecological community, or their habitat.

Natural Temperate Grassland Description

‘Natural Temperate Grassland of the South Eastern Highlands’ (natural temperate grassland) occurs across temperate lowland areas of south-eastern Australia where tree growth is limited.4 Distribution is generally between altitudes 560 metres and 1200 metres on open plains and in valleys with cold air drainage. The community is distinguished by the dominant cover of native tussock grasses, particularly Themeda australis (kangaroo grass), Rytidosperma spp. (wallaby grasses), Austrostipa (spear grasses) and Poa spp. (tussock grasses) 5.

The Project Area has been subject to substantial disturbances such as tree planting, weed invasion and recreational use, however, a patch of 0.75 hectares of natural temperate grassland remains within the Project Area, evident due to the floristic integrity of remnant vegetation occurring largely as a native understorey beneath planted eucalypts6 (apparent on aerial photograph in Figure 4).

Native trees and shrubs that are not indigenous to the Project Area have been planted above the natural temperate grassland groundlayer; however the floristic and structural integrity of the groundlayer is largely intact7.

Due to these tree plantings, this patch of natural temperate grassland has been identified by a number of previous studies as forming part of a woodland or forest community. Due to this previous misidentification, the quality of the patch has not been quantitatively assessed to date. As such, a conservative approach has been taken based on best available information, and it is assumed that the natural temperate grassland is in generally good condition. However due to the presence of substantial tree plantings, and the isolated presence of the patch within the landscape, this is not considered to represent an optimal example of the community.

4 ACT Government (2005). Action Plan No. 28, A Vision Splendid of the Grassy Plains Extended, ACT Lowland Native Grassland Conservation Strategy. Canberra: Environment ACT 5 Department of the Environment and Energy (2016) Natural Temperate Grassland of the Southern Tablelands of NSW and the Australian Capital Territory. Australian Government, accessed online:http://www.environment.gov.au/biodiversity/threatened/conservation- advices/natural-temperate-grassland-southern-tablelands 6 Umwelt (Australia) Pty Ltd (2016) Greenway East Ecological Assessment, prepared for Calibre Consulting, Canberra. 7 Ibid.

001 Referral of proposed action v July 2016 Page 18 of 16

Figure 4 – Natural Temperate Grassland within Project Area

001 Referral of proposed action v July 2016 Page 19 of 16 Nature and Extent of Likely Impact

An action is likely to have a significant impact on a critically endangered or endangered ecological community if there is a real chance or possibility that it will:

Reduce the extent of an ecological community

The proposed action will lead to a permanent reduction in the total extent of the critically endangered ecological community by removing a 0.75 hectare patch. The affected natural temperate grassland community is considered to be largely intact, despite the presence of substantial non-indigenous tree and shrub plantings.

This loss is considered to be significant at a local level, due to the critically endangered status of the community, and the very limited extent remaining in the Tuggeranong Valley; however represents a loss of less than 0.1% of the total remaining extent of the community within the ACT (approximately 1000 hectares).

Fragment or increase fragmentation of an ecological community, for example by clearing vegetation for roads or transmission lines

The proposed action is unlikely to further fragment the ecological community within the Project Area, as it would be cleared entirely. The grassland present within the Project Area is not connected to a larger patch, and no smaller areas would be retained following development. Other patches of natural temperate grassland within the Tuggeranong area do not rely on the Project Area to maintain connectivity between them.

Adversely affect habitat critical to the survival of an ecological community

The Project Area does not represent habitat critical to the survival of the ecological community.

The natural temperate grassland within the Project Area is surrounded by urban development and has experienced substantial disturbances in the form of tree planting, weed invasion and recreational use. It is considered to have limited viability over the long-term as a conservation area due to ongoing pressures from surrounding land uses.

Modify or destroy abiotic (non-living) factors (such as water, nutrients, or soil) necessary for an ecological community’s survival, including reduction of groundwater levels, or substantial alteration of surface water drainage patterns

The proposed action would modify abiotic factors in the local area, however these impacts are considered unlikely to result in off-site impacts to adjacent areas or impact any other examples of this community in the local area.

Cause a substantial change in the species composition of an occurrence of an ecological community, including causing a decline or loss of functionally important species, for example through regular burning or flora or fauna harvesting

Not applicable. The proposed action would remove the entire extent of the community in the Project Area.

Cause a substantial reduction in the quality or integrity of an occurrence of an ecological community, including, but not limited to: -- assisting invasive species, that are harmful to the listed ecological community, to become established, or -- causing regular mobilisation of fertilisers, herbicides or other chemicals or pollutants into the ecological community which kill or inhibit the growth of species in the ecological community, or

001 Referral of proposed action v July 2016 Page 20 of 16 The proposed action would result in the removal of all vegetation within Block E during construction.

Weed management would be undertaken during site clearing and landscaping, to prevent invasive species becoming established in any adjacent areas of value.

Ongoing management during construction and operations is considered unlikely to result in any off-site impacts such as mobilisation of chemicals or pollutants which would impact on other occurrences of the community. Environmental management consistent with the Environment Protection Act 1997 (EP Act) would prevent off-site impacts such as pollution during construction and operation.

However, as no areas of the community within the Project Area would be retained, no further impacts to the quality or integrity of the community would occur.

Interfere with the recovery of an ecological community.

The natural temperate grassland recovery plan identifies the following criteria for assigning priorities for protection of the community8. The responses have been provided to assess the conservation values of the Project Area: Table 4 - Criteria for the Recovery of an Ecological Community

Criteria Response Assessment of Conservation Value Moderate to high botanical A BSR has not been determined for this patch, due to Moderate significance rating based on the absence of any quantitative surveys, however native plant species diversity preliminary observations have identified a fairly intact native understorey. High faunal habitat rating Project area does not have a high faunal habitat rating. Low Presence of one or more listed No threatened flora have been recorded to date within Low threatened species the Project Area. Potential for natural Project area is within an urban area with limited Low rehabilitation and opportunity for expansion, and unlikely to rehabilitate or enhancement of habitat improve naturally without substantial assistance. Size and shape which allows The patch is small (<1 hectare) and is located within Low the site to be buffered from urban open space, and transected by informal surrounding land uses pedestrian paths. It is also within a future urban area, where it will be largely surrounded by urban development. It has no current or proposed protection for conservation, and is not considered well buffered from surrounding land uses. Connectivity with other areas Project area is not connected to other areas of native Low of native vegetation (including vegetation or other natural temperate grassland areas. non-grassland communities), allowing for gene flow Regional representation and As discussed above, the patch has been subject to Low – Moderate replication of floristic substantial plantings of non-indigenous native trees and associations, species and shrubs, and as such does not provide a regional habitat representation of the typical grassland community. However, without a targeted flora survey, it is unknown whether the floristic associations or species present are regionally significant. Relatively low weediness – The understorey has been observed to be generally Moderate either density or presence of intact, which suggests overall low weediness. However particular invasive species surrounding areas are dominated by non-native species.

8 Environment ACT (2006). National Recovery Plan for Natural Temperate Grassland of the Southern Tablelands (NSW and ACT): an endangered ecological community. Environment ACT, Canberra

001 Referral of proposed action v July 2016 Page 21 of 16 Based on these criteria, despite a number of gaps in information, the site is not considered to represent a priority site for the community’s recovery. The area to be removed has been substantially disturbed and is not part of a larger patch. Despite remaining intact, it has low long-term conservation viability based adjacent land uses.

The patch is not considered likely to be important for the recovery or long term persistence of the community.

Conclusion

Despite the small patch size, encroaching threatening land uses, and presence of planted trees and shrubs, the loss of 0.75 hectares of a critically endangered ecological community is considered likely to be significant in a local context.

Austral Toadlfax Description

Austral toadflax is a hairless, yellowish-green perennial herb with slender, wiry stems to 40 cm high and tiny, white flowers.9 It is semi-parasitic on roots of a range of grass species, notably kangaroo grass. It occurs in shrubland, grassland or woodland, often on damp sites.

The natural temperate grassland in the Project Area provides potential habitat for the species.

Nature and Extent of Likely Impact

Open Lines (2011) undertook a targeted survey within the Project Area for austral toadflax. This was conducted in mid-spring, during the flowering period for the species, and was considered optimal timing to detect the species.

No individuals were discovered, despite the project area being determined an area of low quality potential habitat for the species. Open Lines (2011) concluded that it was highly unlikely that the Project Area supported a population of the Austral Toadflax.

This conclusion was supported by Umwelt (2016). It is considered unlikely that a previously undetected population exists. It is therefore considered unlikely that any impact to this species would occur as a result of the proposed action.

No further assessment of this species is considered necessary.

Small Purple Pea Description

Small purple pea is a slender, rigidly erect and sparsely hairy, perennial forb with a thickened taproot at least 45 cm long.10 The species produces few to many stems 20 – 30 cm long. The flowers are purple or bluish. Small purple pea occurs in native grasslands and sparse woodland. Woodland habitats are often dominated by Eucalyptus blakelyi (Blakely's Red Gum), E. melliodora (Yellow Box), E. goniocalyx (Apple Box), E. polyanthemos (Red Box), E. albens (White Box), Angophora floribunda (Rough-barked Apple) or Callitris endlicheri (Black Cypress-pine) and have a grassy understorey.

The natural temperate grassland in the Project Area provides potential habitat for the species.

9 Department of the Environment and Energy (2016) Thesium australe – Austral Toadflax, Toadflax. Australian Government, accessed online: http://www.environment.gov.au/cgi-bin/sprat/public/publicspecies.pl?taxon_id=15202 10 Department of the Environment and Energy (2016) Swainsona recta – Small Purple-pea, Mountain Swainson-pea. Australian Government, accessed online: http://www.environment.gov.au/cgi-bin/sprat/public/publicspecies.pl?taxon_id=7580

001 Referral of proposed action v July 2016 Page 22 of 16 Nature and Extent of Likely Impact

Open Lines (2011) undertook a targeted survey within the Project Area for small purple pea. This was conducted in mid-spring, during the flowering period for the species. This was considered optimal timing for species detection. No individuals were identified. Open Lines (2011) concluded that it was highly unlikely that the Project Area supported a population of the species.

This conclusion was supported by Umwelt (2016). It is considered unlikely that a previously undetected population exists. It is therefore considered unlikely that any impact to this species would occur as a result of the proposed action.

No further assessment of this species is considered necessary.

Pink-Tailed Worm-Lizard Description

The Pink-Tailed Worm-Lizard (PTWL) is an fossorial reptile that can grow to 14 cm11. It has a dark brown head and nape which generally merges with its pale grey or grey-brown body. The end half of its tail is pinkish/reddish-brown, and the longitudinal dark bar within each dorsal scale gives the impression of lines of dots along the body and tail.

In the ACT, the Pink-tailed Worm-lizard is mainly distributed along the Murrumbidgee and Molonglo River corridors as well as some of the hills within Canberra Nature Park. PTWL are mostly found sheltering under small rocks (15 – 60 cm basal area) shallowly embedded in the soil (2 – 5 cm).

The presence of surface rocks within the Project Area provide potential habitat for the species.

Nature and Extent of Likely Impact

Targeted surveys were undertaken within the Project Area for PTWL by Open Lines (2011) in mid- spring, conducted by two people over a one hour period. The survey was conducted at an appropriate time of year and in mild weather which is considered to be suitable survey conditions for PTWL. All rocks of suitable size, ranging from 10 x 10 cm to 40 x 40 cm square, were rolled within the Project Area. The number of rocks rolled was less than 50, with no other suitably sized rocks discovered. No PTWL were observed during the targeted survey.

It was concluded that PTWL was unlikely to occur within the Project Area, despite it containing remnant groundlayer features, such as kangaroo grass, and surface rock habitat.

The method undertaken by Open Lines (2011) is considered to have been appropriate for determining whether a population of PTWL exists within the project area, and this survey methodology is considered to be consistent with the current EPBC Survey Guidelines for PTWL.

It is concluded that a previously undetected population is unlikely to exist within the Project Area, and it is unlikely that any impact to this species would occur as a result of the proposed action.

No further assessment of this species is considered necessary.

11 Department of the Environment and Energy (2016) Aprasia parapulchella — Pink-tailed Worm-lizard, Pink-tailed Legless Lizard. Australian Government, accessed online: http://www.environment.gov.au/cgi-bin/sprat/public/publicspecies.pl?taxon_id=1665

001 Referral of proposed action v July 2016 Page 23 of 16 Murray Cod Description

Murray cod (Maccullochella peelii) is the largest freshwater fish in Australia. The species has been measured at up to 1.8 m in length and over 100 kg in weight, however it is most commonly weigh at about 10 kg12. Murray cod has a broad head with a rounded snout and a concave profile. It has a large mouth with the lower jaw approximately equal in length with the upper jaw or slightly protruding. The species is predominantly light olive to dark green in colour with mottled patterning and white to cream- coloured undersides13.

Murray cod was historically distributed throughout the Murray-Darling Basin, including within the ACT.

Between 2007-2010, approximately 30,000 Murray Cod have been stocked into Lake Tuggeranong14. According to Open Lines (2011), a further 16,000 Murray Cod fingerlings were released in January 2011 into Lake Tuggeranong with the intention of improving recreational fishing.

Nature and Extent of Likely Impact

An important consideration for assessing impacts to a vulnerable species is whether the action will impact on an ‘important population’.

The population of Murray cod in Lake Tuggeranong is not considered to represent an important population, based on the National Recovery Plan for the species15. While historically the species would have been distributed throughout the rivers of the ACT, the current stocked population in Lake Tuggeranong is not considered naturally-occurring, nor contributing substantially to the overall conservation of the species (other than for mitigating some risk of overfishing natural river populations)16.

An action is likely to have a significant impact on a vulnerable species if there is a real chance or possibility that it will:

Lead to a long-term decrease in the size of an important population of a species

The Project Area is entirely terrestrial, with no works proposed within Tuggeranong Creek, or Lake Tuggeranong. Impacts to Murray cod and its aquatic habitat would be avoided through appropriate management measures, to be outlined within the project’s Construction Environmental Management Plan (CEMP). No direct impacts to the Lake Tuggeranong population of Murray cod is anticipated.

Reduce the area of occupancy of an important population

The Lake Tuggeranong population is not an important population. No reduction of occupancy of an important population is anticipated as a result of the proposed action.

Fragment an existing important population into two or more populations

No works will be undertaken within Tuggeranong Creek or Lake Tuggeranong. Through the proper implementation of the CEMP, which will include erosion and sedimentation control measures, no significant impacts are anticipated to occur within the nearby waterway. No fragmentation of the existing population would occur.

12 Department of the Environment and Energy (2016) Species Profile and Threats Database – Maccullochella peelii – Murray Cod. Australian Government, accessed online:http://www.environment.gov.au/cgi-bin/sprat/public/publicspecies.pl?taxon_id=66633 13 Ibid. 14 Environment and Planning Directorate (2016) Fish Stock Plan for the Australian Capital Territory 2015-2020, ACT Government, accessed online: http://www.environment.act.gov.au/cpr/fish/fisheries_management/fish-stock-plan-for-the-australian-capital-territory-2015-2020 15 National Murray Cod Recovery Team (2010) National Recovery Plan for the Murray Cod (Maccullochella peelii peelii). Department of Sustainability and Environment, Melbourne. 16 Department of the Environment (2016) EPBC Act referral guidelines for the vulnerable Murray Cod (Maccullochella peelii), Australian Government, Australia.

001 Referral of proposed action v July 2016 Page 24 of 16 Adversely affect habitat critical to the survival of a species

The Lake Tuggeranong population is not considered to represent habitat critical to the survival of the species.

According to the ACT Government17, Murray cod is to be re-stocked every third year into a number of urban lakes throughout Canberra, including Lake Tuggeranong. The Lake Tuggeranong population is due to be restocked in 2015-16 and then in 2018-19. The purpose of this stocking is to enable recreational fishing in Canberra’s urban lakes, to ensure naturally occurring populations in more fragile rivers and streams are protected from overfishing. Lake Tuggeranong is not considered a critical habitat for the species in accordance with the Significant impact guidelines 1.118.

Disrupt the breeding cycle of an important population

No disruption to the breeding cycle of an important population within the ACT is anticipated as a result from the proposed action.

Modify, destroy, remove or isolate or decrease the availability or quality of habitat to the extent that the species is likely to decline

The works are terrestrial only. As noted in Umwelt (2016), Lake Tuggeranong is susceptible to sedimentation and is identified as an urban lake. In the event that sedimentation does occur as a result of the proposed action, this is unlikely to have a significant impact on the quality of the habitat to the extent that it will reduce the species population.

Result in invasive species that are harmful to a vulnerable species becoming established in the vulnerable species’ habitat

As an urban lake, it is likely that Lake Tuggeranong experiences surface water runoff from surrounding urban areas. The subsequent increase in nutrients can result in algal blooms, which in turn can result in the death of aquatic fauna, including Murray cod. The proposed action may result in an increase in surface water runoff into the lake, which may become harmful to the species, however, with the implementation of appropriate measures within the CEMP, such as bunding and designated washdown areas, this potential impact would be mitigated.

Introduce disease that may cause the species to decline, or

The proposed action would not result in any known disease or other pathogen likely to impact Murray cod.

Interfere substantially with the recovery of the species.

The proposed action would not interfere with the recovery of the species, as no important habitat would be impacted.

Conclusion

The proposed action would not result in a significant impact to Murray cod.

17 Environment and Planning Directorate (2016) Fish Stock Plan for the Australian Capital Territory 2015-2020, ACT Government, accessed online: http://www.environment.act.gov.au/cpr/fish/fisheries_management/fish-stock-plan-for-the-australian-capital-territory-2015-2020 18 Department of the Environment (2013) Matters of National Environmental Significance: Significant impact guidelines 1.1, Australian Government, Canberra.

001 Referral of proposed action v July 2016 Page 25 of 16 3.1 (e) Listed migratory species Description

The PMST identified a number of listed migratory species that may be present in the area. Table 5 outlines the results of this search:

Table 5. Listed Migratory Species

Species Status Likelihood of Occurence Fork-tailed swift (Apus pacificus) Migratory marine Potential (overfly only) White-throated needletail (Hirundapus caudacutus) Migratory Unlikely Rainbow bee-eater (Merops ornatus) Migratory Unlikely Black-faced monarch (Monarcha melanopsis) Migratory Unlikely Yellow wagtail (Motacilla flava) Migratory Unlikely Satin flycatcher (Myiagra cyanoleuca) Migratory Unlikely Rufous fantail (Rhipidura rufifrons) Migratory Unlikely Great egret (Ardea alba) Migratory Unlikely Cattle egret (Ardea ibis) Migratory Unlikely Latham’s snipe (Gallinago hardwickii) Migratory Unlikely Osprey (Pandion haliaetus) Migratory Unlikely

Umwelt (2016) noted that as the trees within the area are relatively young (c.15-25 years), mature woodland attributes such as tree hollows appear to be absent. Additionally, there is an absence of connectivity to natural bushland.

No important habitat for any migratory species is considered to occur within the Project Area.

Nature and extent of likely impact Address any impacts on the members of any listed migratory species, or their habitat.

Based on the assessment of resources and habitat present in the Project Area, while there are general habitat features available for birds, these are not considered to be the type or quality required by known migratory species utilising the area. It is considered that while the Project Area may potentially be used opportunistically or flown over during transit by migratory birds, it is highly unlikely that any listed migratory species would utilise the Project Area for breeding, or as an important foraging area. It is concluded there would be no potentially significant direct or indirect impacts to migratory species as a result of the proposal.

No further assessment of migratory species is considered necessary.

3.1 (f) Commonwealth marine area (If the action is in the Commonwealth marine area, please complete 3.2(c) instead. This section is for actions taken outside the Commonwealth marine area that may have impacts on that area.)

001 Referral of proposed action v July 2016 Page 26 of 16 Description

N/A Nature and extent of likely impact Address any impacts on any part of the environment in the Commonwealth marine area.

The proposed action will not impact on a Commonwealth marine area.

3.1 (g) Commonwealth land (If the action is on Commonwealth land, please complete 3.2(d) instead. This section is for actions taken outside Commonwealth land that may have impacts on that land).

Description If the action will affect Commonwealth land also describe the more general environment. The Policy Statement titled Significant Impact Guidelines 1.2 - Actions on, or impacting upon, Commonwealth land, and actions by Commonwealth agencies provides further details on the type of information needed. If applicable, identify any potential impacts from actions taken outside the Australian jurisdiction on the environment in a Commonwealth Heritage Place overseas.

N/A Nature and extent of likely impact Address any impacts on any part of the environment in the Commonwealth land. Your assessment of impacts should refer to the Significant Impact Guidelines 1.2 - Actions on, or impacting upon, Commonwealth land, and actions by Commonwealth agencies and specifically address impacts on:  ecosystems and their constituent parts, including people and communities;  natural and physical resources;  the qualities and characteristics of locations, places and areas;  the heritage values of places; and  the social, economic and cultural aspects of the above things.

The proposed action will not impact on Commonwealth land.

3.1 (h) The Great Barrier Reef Marine Park Description

N/A Nature and extent of likely impact Address any impacts on any part of the environment of the Great Barrier Reef Marine Park. Note: If your action occurs in the Great Barrier Reef Marine Park you may also require permission under the Great Barrier Reef Marine Park Act 1975 (GBRMP Act). If so, section 37AB of the GBRMP Act provides that your referral under the EPBC Act is deemed to be an application under the GBRMP Act and Regulations for necessary permissions and a single integrated process will generally apply. Further information is available at www.gbrmpa.gov.au

The proposed action will not impact on the Great Barrier Reef Marine Park.

3.1 (i) A water resource, in relation to coal seam gas development or large coal mining development Description If the action is a coal seam gas development or large coal mining development that has, or is likely to have, a significant impact on water resources, the draft Policy Statement Significant Impact Guidelines: Coal seam gas and large coal mining developments—Impacts on water resources provides further details on the type of information needed.

N/A Nature and extent of likely impact Address any impacts on water resources. Your assessment of impacts should refer to the draft Significant Impact Guidelines: Coal seam gas and large coal mining developments—Impacts on water resources.

The proposed action is not a coal seam gas development or large coal mining development.

001 Referral of proposed action v July 2016 Page 27 of 16 3.2 Nuclear actions, actions taken by the Commonwealth (or Commonwealth agency), actions taken in a Commonwealth marine area, actions taken on Commonwealth land, or actions taken in the Great Barrier Reef Marine Park You must describe the nature and extent of likely impacts (both direct & indirect) on the whole environment if the proposed action:  is a nuclear action;  will be taken by the Commonwealth or a Commonwealth agency;  will be taken in a Commonwealth marine area;  will be taken on Commonwealth land; or  will be taken in the Great Barrier Reef Marine Park.

Your assessment of impacts should refer to the Significant Impact Guidelines 1.2 - Actions on, or impacting upon, Commonwealth land, and actions by Commonwealth agencies and specifically address impacts on:  ecosystems and their constituent parts, including people and communities;  natural and physical resources;  the qualities and characteristics of locations, places and areas;  the heritage values of places; and  the social, economic and cultural aspects of the above things.

3.2 (a) Is the proposed action a nuclear action? X No Yes (provide details below) If yes, nature & extent of likely impact on the whole environment

3.2 (b) Is the proposed action to be taken by the X No Commonwealth or a Commonwealth agency? Yes (provide details below) If yes, nature & extent of likely impact on the whole environment

3.2 (c) Is the proposed action to be taken in a X No Commonwealth marine area? Yes (provide details below) If yes, nature & extent of likely impact on the whole environment (in addition to 3.1(f))

3.2 (d) Is the proposed action to be taken on X No Commonwealth land? Yes (provide details below) If yes, nature & extent of likely impact on the whole environment (in addition to 3.1(g))

3.2 (e) Is the proposed action to be taken in the X No Great Barrier Reef Marine Park? Yes (provide details below) If yes, nature & extent of likely impact on the whole environment (in addition to 3.1(h))

001 Referral of proposed action v July 2016 Page 28 of 16

3.3 Description of the Project Area and affected area for the proposed action Provide a description of the Project Area and the affected area, including information about the following features (where relevant to the Project Area and/or affected area, and to the extent not otherwise addressed above). If at Section 2.3 you identified any alternative locations, time frames or activities for your proposed action, please also complete each of the details below (where relevant) for each alternative identified.

3.3 (a) Flora and fauna

The environment of the Project Area comprises undeveloped land used for public open space, with a number of unpaved, informal tracks transecting it. Flora within the Project Area consists predominantly of non-indigenous native trees and shrub plantings, with a native grassland groundlayer.

The overstorey of planted native trees primarily consists of a range of Eucalyptus species, including yellow box (E. melliodora), brittle gum (E. mannifera), red box (E. polyanthemos), apple box (E. bridgesiana), Mugga ironbark (E. sideroxylon) and ribbon gum (E. viminalis, non-local provenance). River she-oak (Casuarina cunninghamiana) is also planted closer to Lake Tuggeranong.

It is noted that the surveys undertaken by both Open Lines (2011) and Booth and Associates (2011) identified the Project Area as being Tablelands Dry Shrubby Forest. This conclusion was reached on the basis that many shrubs, usually sparse or absent in natural temperate grassland due to cold air drainage influences, were present within the Project Area. However, through the review of historical aerial photographs of the area, it is apparent that these features are a consequence of plantings that characterise many parts of the local area. Umwelt’s (2016) conclusion that natural temperate grassland is present has been based on this historic imagery, landscape analysis of the surrounding area and consideration of the effects of revegetation on microclimates.

3.3 (b) Hydrology, including water flows

The hydrology of the local area is highly modified, consisting of urban ponds and lakes, constructed to manage urban water quality. Adjacent to the Project Area is Tuggeranong Creek, which joins Isabella Pond in the south east to Lake Tuggeranong in the north. At the confluence of these two waterbodies is Isabella Weir, which controls flows into Lake Tuggeranong. Isabella Pond is fed by a highly modified, concrete lined channel.

Lake Tuggeranong is a tributary of the Murrumbidgee River to the north west of the Project Area, with flows into the river controlled by Tuggeranong Weir.

3.3 (c) Soil and Vegetation characteristics

According to SMEC (2015)19, the site is located within the Williamsdale Soil Landscape, in which soils are generally hard setting, erodible, and potentially dispersive. As the area has been disturbed through landscaping and the construction of the existing Isabella Weir, it is possible that some imported material (i.e. engineered fill) exists within the Project Area, however the presence of intact natural temperate grassland suggests a fairly undisturbed local area.

The geology of the area is wholly within the Deakin Volcanics stratigraphic unit, which is comprised of rhyodacitic ignimbrite and minor volcanoclastic and argillaceous sediments.

The Australian Soil Resource Information System (ASRIS) on line database indicates there is no known occurrence of acid sulphate soils within the Project Area.

19 SMEC Australia Pty Ltd (2015) Isabella Weir Upgrade Environmental Assessment, Canberra; referencing Jenkins, B.R. (2000) Soil Landscapes of Canberra 1:100,000 Sheet Report, Department of Land and Water Conservation, Sydney.

001 Referral of proposed action v July 2016 Page 29 of 16 3.3 (d) Outstanding natural features

No outstanding natural features are present on the site.

3.3 (e) Remnant native vegetation

The only remnant native vegetation remaining is the small patch of natural temperate grassland.

3.3 (f) Gradient (or depth range if action is to be taken in a marine area)

The Project Area has been graded to slope gently towards Tuggeranong Creek. From Drakeford Drive west to Tuggeranong Creek, the slope grades from approximately 576 m to 571 m.

3.3 (g) Current state of the environment Include information about the extent of erosion, whether the area is infested with weeds or feral animals and whether the area is covered by native vegetation or crops.

A European fox (Vulpes vulpes) was identified during the Booth and Associates (2011) survey. No other exotic species, or significant weed infestations have been noted during ecological investigations for the Project Area. No substantial erosion is present within the area.

3.3 (h) Commonwealth Heritage Places or other places recognised as having heritage values

There are no Commonwealth Heritage Places or other places recognised as having heritage significance within or in proximity to the Project Area.

3.3 (i) Indigenous heritage values

There are no recorded Aboriginal heritage places or objects within the Project Area.

3.3 (j) Other important or unique values of the environment Describe any other key features of the environment affected by, or in proximity to the proposed action (for example, any national parks, conservation reserves, wetlands of national significance etc).

There are no other important or unique values for this site.

3.3 (k) Tenure of the action area (e.g. freehold, leasehold)

The Project Area is all leasehold land, and is currently unleased open space under ACT Government custodianship.

3.3 (l) Existing uses of area of proposed action

The Project Area is currently used as public open space.

3.3 (m) Any proposed uses of area of proposed action

The proposed land uses will be residential and public open space.

001 Referral of proposed action v July 2016 Page 30 of 16 4 Environmental outcomes

Provide descriptions of the proposed environmental outcomes that will be achieved for the matters protected by the EPBC Act that are likely to be affected by the proposed action. Include details of the baseline data upon which the outcomes are based, and the confidence about the likely achievement of the proposed outcomes. Where outcomes cannot be identified or committed to, provide explanatory details including any commitments to identify outcomes through an assessment process.

If a proposed action is determined to be a controlled action, the Department may request further details to enable application of the Outcomes-based Conditions Policy 2016 (http://www.environment.gov.au/epbc/publications/outcomes-based-conditions- policy-guidance), including information about the environmental outcomes to be achieved by proposed avoidance, mitigation, management or offset measures, details of baseline data, milestones, performance criteria, and monitoring and adaptive management to ensure the achievement of outcomes. If this information is available at the time of referral it should be included in the description of the proposed measures.

General commitments to achieving environmental outcomes, particularly relating to beneficial impacts of the proposed action, CANNOT be taken into account in making the decision about whether the proposal is likely to have a significant impact on a matter protected under the EPBC Act. However, those commitments may be relevant at the later assessment and approval stages, including the appropriate level of assessment, and conditions of approval, if your proposal proceeds to these stages.

The proposed action will lead to a permanent reduction in the extent of natural temperate grassland through the removal of 0.75 hectares of the community.

No habitat of significance to migratory species, or other threatened flora or fauna will be lost. The measures listed under Section 5 below will be implemented to minimise and mitigate impacts to the extent practicable.

The proposed urban development will retain some natural open space areas along the lake foreshore, to protect amenity and local connectivity, particularly for water birds. Erosion and sediment controls, and water sensitive urban design will ensure adjacent aquatic habitats are not negatively impacted by the action.

5 Measures to avoid or reduce impacts

Note: If you have identified alternatives in relation to location, time frames or activities as part of the proposed action at sections 1.10 and 2.3 please complete this section in relation to each of the alternatives identified.

Provide a description of measures that will be implemented to avoid, reduce, manage or offset any relevant impacts of the action. Include, if appropriate, any relevant reports or technical advice relating to the feasibility and effectiveness of the proposed measures.

For each proposed measure, specify:  a concise description of the nature, scope, work plan and consequence of the measure for the relevant impact and any statutory or policy basis for the measure;  in doing so, include analysis and findings on whether each measure is likely to achieve the environmental outcomes for the matters protected by the EPBC Act which are likely to be affected by the proposed action, including noting: o the likely effectiveness of the measure in avoiding or mitigating the relevant impact on the matters protected by the EPBC Act; o the level of commitment by the person proposing to take the action to achieve the proposed environmental outcomes and implement the proposed mitigation measures. For example, identify if the measures are preliminary suggestions only that have not been fully researched, or are dependent on a third party’s agreement (e.g. council or landowner); o any likely residual impacts (being, impacts likely to occur having implemented mitigation and/or avoidance measures) and, if such impacts will or are likely to occur, the measure available to compensate or offset these residual impacts. Please consider the Department’s EPBC Act, the EPBC Environmental Offsets Policy (October 2012) (and How to use the Offsets Assessment Guide) and the draft Policy Statement on EPBC Act Advanced Environmental Offsets; o the likely consequences for the matters protected by the EPBC Act should the measure not be effective; and o any other likely consequences of the measure including both adverse and beneficial, such as efficiency, cost and cost- effectiveness and public acceptability (noting however, beneficial consequences of the measure will not be considered in deciding whether or not the proposed action is likely to have a significant impact on the matters protected by the EPBC Act).

001 Referral of proposed action v July 2016 Page 31 of 16 Examples of relevant measures to avoid or reduce impacts may include the timing of works, avoidance of important habitat, specific design measures, or adoption of specific work practices.

Note, the Minister may decide that a proposed action is not likely to have significant impacts on a protected matter, as long as the action is taken in a particular manner (section 77A of the EPBC Act). The particular manner of taking the action may avoid or reduce certain impacts, in such a way that those impacts will not be ‘significant’. More detail is provided on the Department’s web site.

For the Minister to make such a decision (under section 77A), the proposed measures to avoid or reduce impacts must:  clearly form part of the referred action (e.g. be identified in the referral and fall within the responsibility of the person proposing to take the action);  be must be clear, unambiguous, and provide certainty in relation to reducing or avoiding impacts on the matters protected; and  must be realistic and practical in terms of reporting, auditing and enforcement.

Impacts to natural temperate grassland are largely unavoidable due to the nature of the proposed action, however a range of measures are proposed to reduce the impact of the proposed action upon local ecological values, and to prevent any long term degradation of the surrounding environment.

Avoid

The Project Area will be clearly demarcated prior to construction commencing to limit off-site impacts. Clearing will be minimised where possible, cleared progressively, and stabilised to minimise erosion and run-off.

Mature trees situated beyond the boundaries of Block E will be retained where it is practicable and safe to do so.

Native grassland areas will be retained within open space where design permits.

Manage

A comprehensive construction environmental management plan (CEMP) will be developed and implemented during construction, which will include, but not be limited to, sub-plans for:

 Topsoil management;

 Revegetation and landscaping;

 Weed management (construction and post-construction); and

 Sediment and erosion (construction and post-construction).

These management plans will ensure:

 Construction traffic and activities do not impact on adjacent areas to be retained;

 Sedimentation does not impact on the surrounding waterway and aquatic environment;

 Weeds are managed during construction to prevent the spread of weeds to adjacent areas; and

 Disturbed areas are reseeded with a mix of native grassland seed and landscaped with native species where appropriate.

Offset

If determined to be required, an appropriate offset would be identified for impacts to natural temperate grassland. The offset would be established in accordance with the EPBC Act Offset Policy to compensate for the unavoidable impacts to the community.

001 Referral of proposed action v July 2016 Page 32 of 16 6 Conclusion on the likelihood of significant impacts Identify whether or not you believe the action is a controlled action (i.e. whether you think that significant impacts on the matters protected under Part 3 of the EPBC Act are likely) and the reasons why. 6.1 Do you THINK your proposed action is a controlled action?

No, complete section 5.2 X Yes, complete section 5.3

6.2 Proposed action IS NOT a controlled action. Specify the key reasons why you think the proposed action is NOT LIKELY to have significant impacts on a matter protected under the EPBC Act by reference to each relevant matter protected by the EPBC Act.

6.3 Proposed action IS a controlled action Type ‘x’ in the box for the matter(s) protected under the EPBC Act that you think are likely to be significantly impacted. (The ‘sections’ identified below are the relevant sections of the EPBC Act.)

Matters likely to be significantly impacted World Heritage values (sections 12 and 15A) National Heritage places (sections 15B and 15C) Wetlands of international importance (sections 16 and 17B) X Listed threatened species and communities (sections 18 and 18A) Listed migratory species (sections 20 and 20A) Protection of the environment from nuclear actions (sections 21 and 22A) Commonwealth marine environment (sections 23 and 24A) Great Barrier Reef Marine Park (sections 24B and 24C) A water resource, in relation to coal seam gas development and large coal mining development (sections 24D and 24E) Protection of the environment from actions involving Commonwealth land (sections 26 and 27A) Protection of the environment from Commonwealth actions (section 28) Commonwealth Heritage places overseas (sections 27B and 27C)

Specify the key reasons why you think the proposed action is likely to have a significant adverse impact on the matters identified above by reference to each matter protected by the EBPC Act identified in section 3 above.

Natural Temperate Grassland

The proposed action will remove 0.75 hectares of critically endangered natural temperate grassland ecological community.

The area is not connected to a larger patch and is located within an urban environment. There is considered to be little scope for an increase in size or permanent protection of the community due to surrounding land uses and disturbances (e.g. recreational activities, urban development). As such, although constituting a significant local impact to the occurrence of this community, the proposed action is not considered likely to result in a significant adverse impact to the national extent or conservation status of the listed ecological community as a whole.

Other MNES

The proposed action would not result in a significant impact on any other MNES.

001 Referral of proposed action v July 2016 Page 1 of 16 7 Environmental record of the person proposing to take the action

Yes No 7.1 Does the party taking the action have a satisfactory record of responsible X environmental management?

Provide details All proposals by the ACT Land Development Agency are subject to detailed environmental analysis and planning, and are reviewed under ACT and Commonwealth environmental assessment procedures.

7.2 Provide details of any proceedings under a Commonwealth, State or Territory law for X the protection of the environment or the conservation and sustainable use of natural resources against: (a) the person proposing to take the action, or (b) if a permit has been applied for in relation to the action - the person making the application.

If yes, provide details

7.3 If the person taking the action is a corporation, please provide details of the N/A corporation’s environmental policy and planning framework. and if and how the framework applies to the action.

7.4 Has the party taking the action previously referred an action under the EPBC Act, or X been responsible for undertaking an action referred under the EPBC Act? Provide name of proposal and EPBC reference number (if known)

 Dunlop 5 (West) residential development, ACT. (EPBC Ref. 2007/3302)  Block 17, Section 102, (Narrabundah Long Stay Caravan Park) Symonston, ACT. (EPBC Ref. 2007/3354)  Bonner residential development, Stages 1, 2 and 3, Gungahlin ACT. (EPBC Ref. 2008/4036)  Hume West Industrial Estate. (EPBC Ref. 2009/4766)  North Weston residential development, ACT. (EPBC Ref. 2009/4752)  Bonner Stage 4, Gungahlin, ACT. Site servicing and land release (EPBC Ref. 2009/4816)  Block 799, Gungahlin, ACT. (EPBC Ref. 2010/5750)  Ngunnawal Residential Estate Stage 2C, Gungahlin, ACT (EPBC Ref. 2010/5648)  Moncrieff Residential Development, Gungahlin, ACT (EPBC Ref. 2011/6113)  Throsby Denominational School Site Gungahlin, ACT (EPBC Ref. 2012/6251)  Development of the Future Urban Areas of Jacka (North), Taylor and Kinlyside, in Gungahlin, ACT (EPBC Ref. 2012/6350)  Development of the Future Urban Areas of Kenny and Throsby, ACT (EPBC Ref. 2012/6279)  Residential Development, Block 9, Section 64, Watson, and extension of Negus Crescent, ACT (EPBC Ref. 2012/6418)  Development of Symonston Stage 2, Hindmarsh Drive and Monaro Highway, ACT (EPBC Ref. 2012/6320)  Campbell Station 5 Development, Approx 1.8km south east of City Hill, ACT (EPBC Ref. 2012/6292)

001 Referral of proposed action v July 2016 Page 2 of 16 8 Information sources and attachments (For the information provided above) 8.1 References  List the references used in preparing the referral.  Highlight documents that are available to the public, including web references if relevant.

*ACT Government (2005). Action Plan No. 28, A Vision Splendid of the Grassy Plains Extended, ACT Lowland Native Grassland Conservation Strategy. Canberra: Environment ACT

Booth Associates Pty Ltd (2011) Flora and Fauna Assessment – Section 10, 57, 58, 59, 65 and 66 Greenway, ACT, prepared for the Land Development Agency, Canberra.

*Department of the Environment and Energy (2016) Aprasia parapulchella — Pink-tailed Worm-lizard, Pink-tailed Legless Lizard. Australian Government, accessed online: http://www.environment.gov.au/cgi- bin/sprat/public/publicspecies.pl?taxon_id=1665

*Department of the Environment (2016) EPBC Act referral guidelines for the vulnerable Murray Cod (Maccullochella peelii), Australian Government, Australia, accessed online: http://www.environment.gov.au/system/files/resources/7a17c9a0-bd7c-4bea-ab6c- 965059223aa9/files/draft-referral-guidelines-vulnerable-murray-cod.pdf

*Department of the Environment (2013) Matters of National Environmental Significance: Significant impact guidelines 1.1, Australian Government, Canberra.

*Department of the Environment and Energy (2016) Natural Temperate Grassland of the Southern Tablelands of NSW and the Australian Capital Territory. Australian Government, accessed online:http://www.environment.gov.au/biodiversity/threatened/conservation-advices/natural-temperate- grassland-southern-tablelands

*Department of the Environment and Energy (2016) Species Profile and Threats Database – Maccullochella peelii – Murray Cod. Australian Government, accessed online:http://www.environment.gov.au/cgi-bin/sprat/public/publicspecies.pl?taxon_id=66633

*Department of the Environment and Energy (2016) Swainsona recta – Small Purple-pea, Mountain Swainson-pea. Australian Government, accessed online: http://www.environment.gov.au/cgi- bin/sprat/public/publicspecies.pl?taxon_id=7580

*Department of the Environment and Energy (2016) Thesium australe – Austral Toadflax, Toadflax. Australian Government, accessed online: http://www.environment.gov.au/cgi- bin/sprat/public/publicspecies.pl?taxon_id=15202

* Environment ACT (2006). National Recovery Plan for Natural Temperate Grassland of the Southern Tablelands (NSW and ACT): an endangered ecological community. Environment ACT, Canberra. http://www.environment.gov.au/resource/natural-temperate-grassland-southern-tablelands-nsw-and-act

*Environment and Planning Directorate (2016) Fish Stock Plan for the Australian Capital Territory 2015- 2020, ACT Government, accessed online: http://www.environment.act.gov.au/cpr/fish/fisheries_management/fish-stock-plan-for-the-australian- capital-territory-2015-2020

*National Murray Cod Recovery Team (2010) National Recovery Plan for the Murray Cod (Maccullochella peelii peelii). Department of Sustainability and Environment, Melbourne, accessed online: https://www.environment.gov.au/resource/national-recovery-plan-murray-cod-maccullochella- peelii-peelii

001 Referral of proposed action v July 2016 Page 3 of 16 Open Lines Environmental Consulting (2011) Greenway Ecological Analysis, prepared for the Land Development Agency, Canberra.

SMEC Australia Pty Ltd (2015) Isabella Weir Upgrade Environmental Assessment, Canberra; referencing Jenkins, B.R. (2000) Soil Landscapes of Canberra 1:100,000 Sheet Report, Department of Land and Water Conservation, Sydney.

Umwelt (Australia) Pty Ltd (2016) Greenway East Ecological Assessment, prepared for Calibre Consulting, Canberra.

* Highlights documents that are publicly available.

8.2 Reliability and date of information For information in section 3 and the map required by section 1, specify:  source of the information;  how recent the information is;  how the reliability of the information was tested; and  any uncertainties in the information.

The information regarding ecological values and conditions used to prepare this referral has been drawn from numerous surveys and studies completed, specific to the Project Area. These studies are identified throughout the document and listed in Section 8.1.

These studies have all be undertaken by ecological consultants, appropriately experienced in the identification and assessment of local flora and fauna.

Any gaps in information are discussed within the document, and are not considered to change the likely outcomes of the assessment.

The studies used to inform this referral are considered to be reliable and suitably recent.

8.3 Attachments Indicate the documents you have attached. All attachments must be less than three megabytes (3mb) so they can be published on the Department’s website. Attachments larger than three megabytes (3mb) may delay the processing of your referral.

 attached Title of attachment(s) You must attach figures, maps or aerial photographs Figures included within  showing the locality of the proposed action document. (section 1) GIS file provided. GIS file delineating the boundary of the referral area (section 1) figures, maps or aerial photographs  Figures included within showing the location of the proposed action document. in respect to any matters of national environmental significance or important features of the environments (section 3) If relevant, attach copies of any state or local government N/A approvals and consent conditions (section 2.5) copies of any completed assessments to N/A meet state or local government approvals and outcomes of public consultations, if

001 Referral of proposed action v July 2016 Page 4 of 16 available (section 2.6) copies of any flora and fauna investigations  Booth Associates Pty Ltd and surveys (section 3) (2011) Flora and Fauna Assessment – Section 10, 57, 58, 59, 65 and 66 Greenway, ACT, prepared for the Land Development Agency, Canberra.

Open Lines Environmental Consulting (2011) Greenway Ecological Analysis, prepared for the Land Development Agency, Canberra.

Umwelt (Australia) Pty Ltd (2016) Greenway East Ecological Assessment, prepared for Calibre Consulting, Canberra. technical reports relevant to the N/A assessment of impacts on protected matters that support the arguments and conclusions in the referral (section 3) conclusions in the referral (section 3 and 4) report(s) on any public consultations N/A undertaken, including with Indigenous stakeholders (section 3)

001 Referral of proposed action v July 2016 Page 5 of 16 9 Contacts, signatures and declarations NOTE: Providing false or misleading information in response to a requirement under Part 7 of the EPBC Act is an offence punishable on conviction by imprisonment and/or fine (section 489 of the EPBC Act).

Under the EPBC Act a referral can only be made by:  the person proposing to take the action (which can include a person acting on their behalf); or  a Commonwealth, state or territory government, or agency that is aware of a proposal by a person to take an action, and that has administrative responsibilities relating to the action.

Proposed Urban Development of (Part) Block 5, Section 10 Greenway action title:

9.1 Person proposing to take action This is the individual, government agency or company that will be principally responsible for, or who will carry out, the proposed action. It may be a trustee (either being an individual or a body corporate) acting on behalf of the trust for which they have responsibility (but not the trust).

If the proposed action will be taken under a contract or other arrangement, this is:  the person for whose benefit the action will be taken; or  the person who procured the contract or other arrangement and who will have principal control and responsibility for the taking of the proposed action.

If the proposed action requires a permit under the GBRMP Act20, this is the person requiring the grant of a GBRMP permission.

The Minister may also request relevant additional information from this person.

If further assessment and approval for the action is required, any approval which may be granted will be issued to the person proposing to take the action. This person will be responsible for complying with any conditions attached to the approval.

Name and Title: Nicholas Holt, Director Infill

Organisation (if Organisation name should match entity identified in ABN/ACN search applicable): Land Development Agency

Trust deed (if □ attached; OR applicable):  not applicable

ACN / ABN (if 20 419 925 579 applicable):

GPO Box 158 Canberra ACT 2601 Postal address:

6207 6899 Telephone:

Email: [email protected]

20 If your referred action, or a component of it, is to be taken in the Great Barrier Reef Marine Park the Minister is required to provide a copy of your referral to the Great Barrier Reef Marine Park Authority (GBRMPA) (see section 73A, EPBC Act). For information about how the GBRMPA may use your information, see http://www.gbrmpa.gov.au/privacy/privacy_notice_for_permits.

001 Referral of proposed action v July 2016 Page 6 of 16

REFERRAL CHECKLIST NOTE: This checklist is to help ensure that all the relevant referral information has been provided. It is not a part of the referral form and does not need to be sent to the Department.

HAVE YOU:  Completed all required sections of the referral form?  Included accurate coordinates (to allow the location of the proposed action to be mapped)?  Provided a map showing the location and approximate boundaries of the Project Area for the proposed action?  Provided a map/plan showing the location of the action in relation to any matters of NES?  Provided a digital file (preferably ArcGIS shapefile, refer to guidelines at Attachment A) delineating the boundaries of the referral area?  Provided complete contact details and signed the form?  Provided copies of any documents referenced in the referral form?  Ensured that all attachments are less than three megabytes (3mb)?  Sent the referral to the Department (electronic and hard copy preferred)

001 Referral of proposed action v July 2016 Page 9 of 16 Attachment A

Geographic Information System (GIS) data supply guidelines

If the area is less than 5 hectares, provide the location as a point layer. If the area greater than 5 hectares, please provide as a polygon layer. If the proposed action is linear (eg. a road or pipeline) please provide a polyline layer.

GIS data needs to be provided to the Department in the following manner:  Point, Line or Polygon data types: ESRI file geodatabase feature class (preferred) or as an ESRI shapefile (.shp) zipped and attached with appropriate title  Raster data types: Raw satellite imagery should be supplied in the vendor specific format.  Projection as GDA94 coordinate system.

Processed products should be provided as follows:  For data, uncompressed or lossless compressed formats is required - GeoTIFF or Imagine IMG is the first preference, then JPEG2000 lossless and other simple binary+header formats (ERS, ENVI or BIL).  For natural/false/pseudo colour RGB imagery: o If the imagery is already mosaiced and is ready for display then lossy compression is suitable (JPEG2000 lossy/ECW/MrSID). Prefer 10% compression, up to 20% is acceptable. o If the imagery requires any sort of processing prior to display (i.e. mosaicing/colour balancing/etc) then an uncompressed or lossless compressed format is required.

Metadata or ‘information about data’ will be produced for all spatial data and will be compliant with ANZLIC Metadata Profile. (http://www.anzlic.org.au/policies_guidelines#guidelines).

The Department’s preferred method is using ANZMet Lite, however the Department’s Service Provider may use any compliant system to generate metadata.

001 Referral of proposed action v July 2016 Page 10 of 16 Attachment B

Privacy and Confidentiality Notice

The Department is required under section 74(3) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) to publish the information (including personal information of the author and/or third parties) provided in this referral on the internet. The information published may include your personal information. Information including your personal information included in this referral will be used for the purposes of administering the EPBC Act. The information may be provided to various Commonwealth, State and Territory agencies for the purposes of administering the Act or other Commonwealth, State or Territory legislation. For example, if the proposed action (or a component of it) is to be taken in the GBRMP, the Minister is required to provide a copy of your referral to GBRMPA (see section 73A, EPBC Act). For information about how the GBRMPA may use your information, see http://www.gbrmpa.gov.au/privacy/privacy_notice_for_permits. The Department will collect, use, store and disclose the personal information contained in this referral in a manner consistent with its obligations under the Privacy Act 1988 and the Department’s privacy policy. The Department’s privacy policy contains details about how respondents may access and make corrections to personal information that the Department holds about the respondent, how respondents may make a complaint about a breach of an Australian Privacy Principle, and how the Department will deal with that complaint. A copy of the Department’s privacy policy is available at: http://environment.gov.au/privacy-policy. The Department is not obliged to publish information that the Minister is satisfied in commercial-in-confidence. If you believe that this referral contains information that is commercial-in-confidence, you must clearly identify such information and the reason for its confidentiality at the time of making the referral. The Minister cannot be satisfied that particular information included in a referral is commercial-in-confidence unless you demonstrate to the Minister (by providing reasons in writing) that:

 release of the information would cause competitive detriment to the person; and  the information is not in the public domain; and  the information is not required to be disclosed under another law of the Commonwealth, a State or a Territory; and

 the information is not readily discoverable. The Department is subject to certain legislative and administrative accountability and transparency requirements of the Australian Government including disclosures to the Parliament and its Committees. While the Department will treat all referral information provided in this referral sensitively, any information contained in or relating to a referral, including information identified by a person as commercial-in-confidence, may be disclosed by the Department:

 to its employees and advisers in order to evaluate or assess a referral;  to the Parliamentary Secretary;  within the Department or other agencies where this serves the legitimate interest of the Australian Government;

 in response to a request by a House or Committee of the Parliament of the Commonwealth of Australia;  where information is authorised or permitted by law to be disclosed; and  where the information is in the public domain other than by the Department’s disclosure of that information.

001 Referral of proposed action v July 2016 Page 11 of 16