Referral of proposed action
Proposed Fort Wallace Residential Development Proposal action title:
1 Summary of proposed action
1.1 Short description
Defence Housing Australia (DHA) proposes to undertake a master-planned residential development of a former Defence site, being Fort Wallace (the Referral Area), on the Stockton peninsula north of Newcastle in New South Wales (refer to Figure 1). The Proposed Action includes the rezoning, future residential development and divestment of part of the land within the Referral Area from the Commonwealth.
The Proposed Action will require the rezoning of the Fort Wallace site from Infrastructure (SP2 Defence) to low density Residential (R2) and Public Recreation (RE1) under the Newcastle Local Environmental Plan (LEP) 2012. The proposed rezoning of the site will allow future residential development providing suitable housing for both the Australian Defence Force (ADF) personnel and the private market.
001 Referral of proposed action v October 2016 Page 1 of 49 1.2 Latitude and longitude
Longitude Latitude Location Degrees Minutes Seconds Degrees Minutes Seconds Point 1 151 48 02 -32 53 07 2 151 47 55 -32 53 14 3 151 47 48 -32 53 22 4 151 47 41 -32 53 31 5 151 47 36 -32 53 36 6 151 47 35 -32 53 29 7 151 47 30 -32 53 27 8 151 47 32 -32 53 25 9 151 47 34 -32 53 20 10 151 47 37 -32 53 13 11 151 47 38 -32 53 11 12 151 47 39 -32 53 08 13 151 47 40 -32 53 08 14 151 47 40 -32 53 07 15 151 47 41 -32 53 08 16 151 47 42 -32 53 07 17 151 47 46 -32 53 08 18 151 47 51 -32 53 06
001 Referral of proposed action v October 2016 Page 2 of 52
1.3 Locality and property description
The Referral Area is located on the Stockton peninsula between the communities of Stockton and Fern Bay, approximately 3km north of the Stockton town centre and 5km north of Newcastle (refer to Figure 1).
The Referral Area adjoins the Stockton Centre (assisted care housing) to the north, a redundant water treatment works to the south, Fullerton Road to the west and Stockton Beach to the east (refer to Figure 2). The Referral Area is located approximately 11km south of the Royal Australian Air Force (RAAF) Base at Williamtown.
Stockton accommodates low to medium density residential land uses with a small town centre. Newcastle city centre can be accessed from Stockton by ferry across the Hunter River, or by road. Fern Bay is a small community comprising low density residential, over 50s community living (Bayway Village, the Cove Village and Seaside) and the Newcastle Golf Course.
1.4 Size of the development The total size of the Referral Area is approximately 32 Hectares. footprint or work area (hectares) 1.5 Street address of the site 338 Fullerton Street, Stockton
1.6 Lot description
Lot 100 and 101, DP 1152115
1.7 Local Government Area and Council contact (if known)
The Fort Wallace site is located within the Newcastle Local Government Area (LGA). Consultation has been ongoing with Newcastle City Council.
Newcastle City Council contact: Samantha Cross Urban Planner Ph: (02) 4974 2889 Email: [email protected]
1.8 Time frame
A Planning Proposal for the rezoning of the Fort Wallace site was submitted to Newcastle City Council in February 2017. Subject to the issue of relevant planning approvals, civil works are proposed to commence in early 2019, with housing targeted for delivery from late 2020 to 2023.
1.9 Alternatives to proposed No action
X Yes, please also complete section 2.2
1.10 Alternative time frames, X No locations or activities
Yes, you must also complete Section 2.3. For each alternative, location, time frame, or activity identified, you must also complete details in Sections 1.2-1.9, 2.4-2.7 and 3 and 5 (where relevant).
001 Referral of proposed action v October 2016 Page 3 of 49 1.11 Commonwealth, State or No Territory assessment X Yes, please also complete section 2.5
1.12 Component of larger X No action Yes, please also complete section 2.7
1.13 Related X No actions/proposals Yes, provide details:
1.14 Australian Government X No funding Yes, please also complete section 2.8
1.15 Great Barrier Reef X No Marine Park Yes, please also complete section 3.1 (h), 3.2 (e)
001 Referral of proposed action v October 2016 Page 4 of 49 2 Detailed description of proposed action
2.1 Description of proposed action
The Proposed Action involves the implementation of a concept master plan for the residential development of the Fort Wallace site (refer to Figure 1). The Proposed Action includes the following elements:
- Rezoning of the Referral Area to provide for a mix of residential, recreation and conservation land uses;
- Development of the Referral Area for a mix of residential, recreation and conservation purposes generally in accordance with the concept master plan presented in Figure 3; and
- Divestment of land within the Referral Area from the Commonwealth. DHA currently owns all the land within the Referral Area, however, DHA intends to provide 50 per cent of the proposed residential housing for sale to the private market as well as divesting recreational areas to Council.
To enable the development of the Referral Area in accordance with the concept master plan, the Proposed Action will require the clearing of up to approximately 1.2 hectares of primarily disturbed native vegetation.
The Fort Wallace site is currently zoned SP2 Infrastructure (Defence) under the Newcastle LEP 2012, which allows a range of land uses, with consent, that are incidental or ancillary to Defence requirements. The original fort was constructed in 1912 with the most recent use of the site as accommodation by the Australian Navy. Use of the site by the Department of Defence ceased in 2003 with Fort Wallace entered into the Commonwealth Heritage List in June 2006. In 2015, DHA purchased the site from the Department of Defence, the site is currently vacant and non- operational.
The Proposed Action seeks to rezone the site to R2 Low Density Residential and RE1 Public Recreation (refer to Figure 4). The Proposed Action allows for the rezoning of approximately 17.5 hectares (ha) of land to R2 Low Density Residential and 15ha to RE1 Public Recreation. The proposed zone boundary between the R2 Low Density and the RE1 Public Recreation generally follows the Coastal Hazard (almost certain) line to promote the clear management of land rather than aligning the zone boundary to the existing lot boundary. The R2 Low Density Residential zone is proposed for the western portion of the site which permits a range of residential development including single dwellings, townhouses/dual occupancies, and apartments. It is proposed that the existing heritage items and the coastal dune system located to the east of the site be zoned RE1 Public Recreation. The existing heritage items to be retained within the R2 Low Density Residential zone will be protected through the implementation of the master plan and a proposed Development Control Plan (DCP) for the site.
A concept master plan has been developed to demonstrate the site’s development potential (refer to Figure 3) which includes a range of residential development including Townhouse (up to 19 1-3 storey dwellings), Dune Apartments (up to 42), Coastal Cluster Houses (up to 25 townhouses), Courtyard Homes (up to 3 large courtyard family homes) and Single Eco-homes (up to 14). The construction and implementation of the master plan will require the clearing of vegetation, demolition of existing structures, construction of housing, roads and associated infrastructure and services. The proposed master plan for the Fort Wallace site indicates a maximum disturbance area of 7.6 hectares (approximately 23% of the total site area). This area includes approximately 1.3 ha of vegetation and 5.9 ha of cleared land/sand dunes. It should be noted however that where possible vegetation will be avoided/retained particularly within the larger lots.
A site specific DCP will be developed and implemented to guide the future development of the site and ensure that the residential development of the site enhances and protects the existing historic, ecological and Aboriginal cultural heritage value of the site. The master plan also proposes restricting the building height to 14m allowing future residential development to provide a range of dwellings while being sympathetic to the existing historic items and visual amenity of the site.
2.2 Feasible alternatives to taking the proposed action
Do Nothing:
DHA currently manages approximately 18,500 residences nationally, with 1,200 within the Newcastle area providing housing for ADF members posted at the Williamtown RAAF base. DHA has an ongoing requirement for additional
001 Referral of proposed action v October 2016 Page 5 of 49 housing in the Newcastle area to cater for Newcastle based ADF members and their families and to replace existing DHA housing stock that does not meet current standards. DHA is seeking to provide housing that is:
- Within close proximity to the Williamtown RAAF base;
- Is not affected by the airport ANEF contours or other unworkable site or environmental constraints; and
- Within close proximity to services and community infrastructure.
Given the current demand for suitable housing DHA do not consider the ‘do nothing’ option to be feasible.
Sourcing existing housing stock to meet Defence needs:
An alternative to the Proposed Action is for DHA to seek provisioning for additional housing in direct competition with the local rental market in the Newcastle and Port Stephens area. Given the limited supply for suitable housing within the target area described above, and the flow-on impacts of reducing the availability of existing housing stock and driving up the cost of accommodation, DHA does not consider this option to be feasible.
Refinement of proposed zone boundaries and master plan development:
The final layout of the proposed master plan was determined in consideration of the biodiversity, archaeological and heritage values of the Referral Area, and of the site constraints, including erosion hazard. Detailed constraints studies were undertaken to guide the design of the proposed master plan for the site particularly in consideration of the ecological, historic and Aboriginal values attributed to the site. Through this process, different development concepts were considered and DHA has sought to minimise the impacts associated with the proposed rezoning and future residential development. Key factors in selecting the location of the disturbance footprint for future residential development included the likely impacts on important ecological features including threatened species, threatened ecological communities (TECs) and/or their habitats. Where possible the proposed disturbance area for future residential development has been focused in areas with lower ecological value and avoids areas of high Historic and Aboriginal archaeological/cultural value. Appropriate controls on future residential development will be implemented to protect the Aboriginal archaeological and historic values of the Referral Area.
Additionally the master plan includes a range of different housing alternatives including the provision for large lots with minimal building envelopes to retain as much vegetation surrounding and within the residential lots as possible. This was considered an important mechanism particularly for the movement of species present within the Referral Area and allows for the targeted selected retention of important habitat features such a hollow-bearing trees or key foraging tree species.
2.3 Alternative locations, time frames or activities that form part of the referred action
NA
2.4 Context, including any relevant planning framework and state/local government requirements
The Proposed Action is broadly consistent with a number of local, regional and State strategic planning documents developed for the area.
The Newcastle Local Planning Strategy (2015) is a comprehensive land use strategy to guide the future growth and development of Newcastle, underpinning the Newcastle LEP 2012 and implementing the land use directions of the Newcastle 2030 Community Strategic Plan. The Proposed Action is entirely consistent with the neighbourhood vision for Stockton presented in the Local Planning Strategy and supports the key objectives for the area.
While the Local Planning Strategy presents a land use strategy for Stockton that is consistent with the Proposed Action, the current zoning of the land within the Referral Area does not permit the development envisaged by the site master plan. Therefore a planning proposal has been prepared to allow for the rezoning of land to permit the proposed master plan with development consent under the NSW Environmental Planning and Assessment Act 1979 (EP&A Act). Following rezoning of the land, the future development of the Referral Area will be subject to approval under Part 4 of the EP&A Act and its regulations. This is discussed further in Section 2.5 below.
001 Referral of proposed action v October 2016 Page 6 of 49 At a regional level, the Hunter Regional Plan 2036 presents a growth strategy for the region that supports the renewal of the Referral Area to deliver a diversity of housing, serve the housing needs of the local population and support the Defence base while making the most efficient use of existing social and physical infrastructure.
The Proposed Action is considered consistent with current State Environmental Planning Policies applicable to the Referral Area, in particular, SEPP 44 – Koala Habitat Protection and SEPP 71 – Coastal Protection. Further detail of the consistency of the Proposed Action with relevant local, regional and State planning documents is provided in Attachment A.
2.5 Environmental impact assessments under Commonwealth, State or Territory legislation
In order for the Proposed Action to proceed, a planning proposal for the rezoning of land within the Referral Area must be prepared in accordance with Section 55 of the EP&A Act. A planning proposal has been prepared and submitted to Newcastle City Council (refer to Attachment A). Strategic planning and technical environmental assessments of the Referral Area have been undertaken to inform the suitability of the Referral Area for housing including ecological, historic heritage, aboriginal archaeology, geotechnical, traffic, bushfire, coastal erosion and surface water assessments. This assessment is discussed in Section 3 and are attached to this report (refer to Attachment A). The assessments undertaken support the planning proposal and subsequent rezoning of the land.
If the land within the Referral Area is successfully rezoned, the future development of the land will be subject to assessment and approval under Part 4 of the EP&A Act and its regulations with Newcastle City Council being the relevant planning authorities. An appropriate level of environmental impact assessment will be required to support future applications for the development of the land under Part 4 of the EP&A Act. As part of this assessment process consideration will be required of relevant planning instruments and Development Control Plans, as well as approvals required under other Acts. The potentially relevant provisions are listed in Table 1.
Table 1 – Potentially Relevant NSW Planning Provisions
Planning Provision Comment
National Parks and Wildlife (NPW) Aboriginal Heritage Impact Permits are required under s87 and s90 of the Act 1974 NPW Act for Aboriginal sites proposed to be impacted by development. While substantial efforts have been made to design the proposed master plan to avoid potential impacts on significant Aboriginal sites, it is acknowledged that archaeological material has been identified and/or predicted throughout the Referral Area as a result of the movement and redistribution of the former dunes. There is therefore the potential to impact on Aboriginal sites and an AHIP will be required for the Proposed Action. Further detail is provided in Section 3 and Attachment A.
Threatened Species Conservation Under the EP&A Act impacts on threatened species listed under the TSC (TSC) Act 1995 Act are required to be assessed. An ecological assessment has been undertaken covering all threatened species listed under the TSC Act with the potential to occur within the Referral Area (refer to Attachment A) further detail on the ecological values relevant to the Referral Area and the ecological assessment undertaken is provided in Sections 3 and 4.
Heritage Act 1977 Approval is required under Section 60 of the Heritage Act to disturb an item listed on the State Heritage Register or the subject of an Interim Heritage Order. An excavation permit is required under section 140 to disturb or excavate other heritage items. No items listed on the State Heritage Register are located within the Referral Area.
State Environmental Planning SEPP 44 seeks to prevent Koala population decline through the Policy 44 – Koala Habitat requirement of plans of management for core koala habitat, encouraging Protection the identification of core koala habitat areas and the inclusion of core koala habitat within environment protection zones. The ecological assessment (see Attachment A) undertaken to support
001 Referral of proposed action v October 2016 Page 7 of 49 the planning proposal provides an assessment against the requirements of SEPP44.
State Environmental Planning The aim of this policy is to protect and manage the natural, cultural, Policy 71 – Coastal Protection recreational and economic attributes of the NSW coastline. Coastal Engineering Assessments (see Attachment A) have been undertaken to support the planning proposal for the Proposed Action which have guided the detailed design for the proposed rezoning and future development of the site, this is discussed further in Section 3.
2.6 Public consultation (including with Indigenous stakeholders)
Community Consultation
Community engagement was undertaken during the development of the planning proposal and master plan of the Referral Area. Consultation included two community information/feedback sessions, face to face meetings, distribution of newsletters and phone/email contact. The aim of the consultation process was to inform the community about DHA, the site history, the site assessment undertaken, the planning proposal and process and to encourage community involvement throughout the approval process. Consultation was aimed at the directly adjoining residents, the Stockton and Fern Bay communities and local Community Action Groups. Generally feedback was positive based on the positive economic benefit of the Proposed Action. The community also showed concern regarding potential traffic management and parking impacts.
Indigenous Stakeholders
An Aboriginal stakeholder consultation process has been undertaken for the proposed rezoning and master plan for the Fort Wallace site in accordance with the NSW Office of Environment and Heritage’s Aboriginal Cultural Heritage Consultation Requirements for Proponents (Office of Environment and Heritage 2010) as part of the Aboriginal Cultural Heritage and Archaeological Assessment (ACHAA) (Umwelt 2016).
The registered Aboriginal parties for the Fort Wallace site are: a) Karuah Indigenous Corporation; b) Mur-Roo-Ma Inc.; c) Nur-Run-Gee Pty Ltd; d) Worimi Local Aboriginal Land Council; and e) Wonn1.
A draft methodology for the ACHAA was provided to all registered Aboriginal parties for review and comment. No objections were raised with reference to the draft methodology.
Karuah Indigenous Corporation, Mur-Roo-Ma Inc, Nur-Run-Gee Pty Ltd and Worimi Local Aboriginal Land Council participated in the pedestrian survey of the Fort Wallace site on 22 September 2016. The registered Aboriginal parties that participated in the survey provided feedback as a group following the survey. This feedback is included in the ACHAA report (see Attachment A) and summarised in Sections 3 and 5.
A draft version of the ACHAA report was supplied to all the registered Aboriginal parties in January 2017 with an invitation to review the document, its mitigation and management recommendations and provide any cultural information they deemed appropriate to the preferred management of the Fort Wallace site.
2.7 A staged development or component of a larger action
N/A
001 Referral of proposed action v October 2016 Page 8 of 49 2.8 Related actions
N/A
001 Referral of proposed action v October 2016 Page 9 of 49 3 Description of environment & likely impacts
3.1 Matters of national environmental significance
3.1 (a) World Heritage Properties Description
The Proposed Action is not located near any World Heritage Properties. No World Heritage Properties were identified in the locality of the Referral Area in the DoE Protected Matters Search. The closest World Heritage Property occurs approximately 65 kilometres to the west of the Referral Area, being the Greater Blue Mountains Area.
Nature and extent of likely impact The Proposed Action will not impact directly or indirectly on the World Heritage values of any World Heritage properties.
3.1 (b) National Heritage Places
Description
The Proposed Action is not located near any National Heritage Places. The closest National Heritage Place occurs approximately 65 kilometres to the west of the Referral Area, being the Greater Blue Mountains Area.
Nature and extent of likely impact The Proposed Action will not impact directly or indirectly on the National Heritage values of any National Heritage place.
3.1 (c) Wetlands of International Importance (declared Ramsar wetlands)
Description
The Referral Area does not contain any Wetlands of International Importance listed under the Ramsar convention. However, the Hunter Estuary Wetlands Ramsar Wetland of International Importance occurs within 500m to the northwest of the Referral Area, mapped along the edges of the northern arm of the Hunter River (refer to Figure 1). The Hunter Estuary Wetlands are listed internationally under the Ramsar Convention due to their unique mix of wetland types, importance for maintaining biological diversity and conservation of migratory shorebirds, including regularly supporting between 2 per cent and 5 per cent of the East Asian–Australasian Flyway population of eastern curlew (Numenius madagascariensis) (Australian Wetlands Database 2016).
Nature and extent of likely impact Due to the nature of the proposed residential development and that no direct or indirect impacts are likely to occur on surrounding lands, it is unlikely that the Proposed Action would impact the Hunter Estuary Wetlands Ramsar Site.
001 Referral of proposed action v October 2016 Page 10 of 49 3.1 (d) Listed threatened species and ecological communities
Description
A DoEE Protected Matters Search was undertaken to identify the range of EPBC Act threatened species and ecological communities that are predicted to occur within the Referral Area (refer to Attachment B). Records from this database search were assessed along with records derived through the ecological surveys of the Referral Area, literature reviews and professional opinion to identify the full range of recorded or potentially occurring EPBC Act listed threatened species and ecological communities that may occur (refer to Attachment C). The identification of potentially occurring threatened species and communities was then used to determine those species that would be subject to an Assessment of Significance as part of this Referral (refer to Attachment D).
Ecological field surveys have been carried out in the Referral Area over many years and seasons including in April 2007 (SMEC 2008) and September 2015 (Kleinfelder 2015). Throughout these surveys, the following has been undertaken:
• Flora surveys including four 20m x 20m quadrats
• Diurnal fauna observations including signs of presence surveys and targeted bird surveys
• Habitat assessments
• Nocturnal spotlighting, call playback and Anabat surveys and
• Reconnaissance vegetation mapping and weed mapping.
A range of additional surveys were undertaken by Umwelt in 2016. This included:
• Rapid vegetation mapping reconnaissance
• Habitat assessments for threatened species
• Diurnal bird surveys
• Spot Assessment Technique (SAT) surveys for koala (Phascolarctos cinereus) as per Phillips and Callaghan (1995) and counting of koala feed trees
• Call playback for and koala
• Spotlighting searches for nocturnal threatened fauna
• Remote camera surveys over seven nights targeting ground-dwelling threatened mammal species
• Anabat surveys over seven nights targeted threatened micro-bat species and
• Opportunistic observations.
The following EPBC Act-listed threatened species have been recorded within the Referral Area (refer to Figure 5):
• grey-headed flying-fox (Pteropus poliocephalus), listed as vulnerable under the EPBC Act
The following threatened species are considered to have the potential to occur within the Referral Area based on known distribution, nearby records and/or suitable habitat, however were not recorded during the field surveys undertaken for this assessment:
• regent honeyeater (Anthochaera phrygia), listed as critically endangered under the EPBC Act
001 Referral of proposed action v October 2016 Page 11 of 49 • swift parrot (Lathamus discolor), listed as critically endangered under the EPBC Act
No threatened ecological communities listed under the EPBC Act have been recorded in the Referral Area.
Nature and extent of likely impact The Proposed Action will result in the removal of approximately 1.2 hectares of native vegetation and habitat within the Referral Area. Vegetation communities impacted by the Proposed Action are listed in Table 2 and a vegetation map of the Referral Area is shown in Figure 6. Recent disturbance history of the Referral Area is shown in Figure 7.
Table 2 – Vegetation Communities in the Referral Area and Impacted by the Proposed Action
Vegetation Community Area in the Area Referral Area Impacted (ha) within Referral Area (ha)^
Frontal Dune Blackbutt-Apple Forest 4.1 1.0
Coastal Tea-tree – Banksia Scrub 5.0 0.2
Foredune Spinifex 2.3 0.0
Total Native Vegetation 11.4 1.2
Bitou Bush-dominated Scrub 8.9 0.1
Cleared land/sand dunes 11.6 5.9
Total Non-Native Vegetation/Cleared Land 20.5 6.0
TOTAL 31.9 7.2
^under the current Master Plan
Detailed descriptions of the vegetation communities occurring within the Referral Area are provided in Section 3.3(d) below.
An Assessment of Significance was undertaken for the following threatened species and communities that have previously been recorded or mapped as occurring within or adjacent to the Referral Area or have the potential to occur within the Referral Area in accordance with the EPBC Act Significant Impact Guidelines 1.1 (DoE 2013) (refer to Attachment D):
Critically Endangered or Endangered Species
• swift parrot (Lathamus discolor)
• regent honeyeater (Anthochaera phrygia)
Vulnerable Species
• grey-headed flying-fox (Pteropus poliocephalus)
A summary of the Assessments of Significance (from Attachment D) is provided below. Those species and communities not specifically addressed below are considered unlikely to be significantly impacted as a result of the Proposed Action. Refer to Attachment C for a preliminary impact assessment of all EPBC Act listed threatened species and ecological communities known or predicted to occur within 10 km of the Referral Area.
001 Referral of proposed action v October 2016 Page 12 of 49 Swift parrot (Lathamus discolor)
The swift parrot has not been recorded within the Referral Area however it has been recorded approximately 8 km north of the Referral Area near Williamtown feeding on swamp mahogany (OEH 2016). The only key foraging tree species for the swift parrot that occurs within the Referral Area is swamp mahogany (Eucalyptus robusta) and blackbutt (Eucalyptus pilularis), as outlined in the National Recovery Plan for the Swift Parrot (Saunders 2011). The Proposed Action will result in the loss of approximately 1.0 hectares of potential habitat that contains these foraging resources. The Referral Area is not known as a historical or important foraging site for the swift parrot and the species has not been recorded within the Referral Area.
The Proposed Action is considered unlikely to:
• lead to a long-term decrease in the size of a population of these species;
• substantially reduce the area of occupancy of a population of these species;
• fragment an existing population into two or more populations;
• adversely affect habitat critical to the survival of these species;
• disrupt the breeding cycle of population of these species;
• modify, destroy, remove or isolate or decrease the availability or quality of habitat to the extent that these species is likely to decline;
• introduce a disease or result in an invasive species on site that may cause these species to decline; or
• interfere with the recovery of these species.
The Proposed Action is unlikely to result in a significant impact on the population of swift parrot. Although the Referral Area provides some small areas of potential foraging habitat for this species, it has not been recorded utilising this habitat within the Referral Area or in the immediate locality. Refer to Attachment D for the Assessment of Significance for swift parrot.
Regent honeyeater (Anthochaera phrygia)
The regent honeyeater has not been recorded within the Referral Area however it has been recorded approximately 15 km north of the Referral Area near Medowie. (OEH 2016). The only key foraging tree species for the regent honeyeater that occurs within the Referral Area is swamp mahogany (Eucalyptus robusta), as outlined in the National Recovery Plan for the Regent Honeyeater (DoE 2016). The Proposed Action will result in the loss of approximately 1.0 hectares of potential habitat that contains minor occurrences of swamp mahogany. The Referral Area is not known as a historical or important foraging site for the regent honeyeater and the species has not been recorded breeding or nesting within the Referral Area or the locality.
The Proposed Action is considered unlikely to:
• lead to a long-term decrease in the size of a population of these species;
• substantially reduce the area of occupancy of a population of these species;
• fragment an existing population into two or more populations;
• adversely affect habitat critical to the survival of these species;
• disrupt the breeding cycle of population of these species;
• modify, destroy, remove or isolate or decrease the availability or quality of habitat to the extent that these species is likely to decline;
001 Referral of proposed action v October 2016 Page 13 of 49 • introduce a disease or result in an invasive species on site that may cause these species to decline; or
• interfere with the recovery of these species.
The Proposed Action is unlikely to result in a significant impact on the population of regent honeyeater. Although the Referral Area provides some small areas of potential foraging habitat for this species, it has not been recorded utilising this habitat within the Referral Area or in the immediate locality. Refer to Attachment D for the Assessment of Significance for regent honeyeater.
Grey-headed flying-fox (Pteropus poliocephalus)
Grey-headed flying-fox has been recorded within the Referral Area. Up to two individuals were observed foraging in coastal banksia (Banksia integrifolia) in the Referral Area in May 2016. No flying-fox camps have been recorded in the Referral Area. The closest active camp is located approximately 5 km to the southwest of the Referral Area near Carrington (DoEE 2017). It is likely that the species utilises the Project Area as foraging habitat. In accordance with the draft National Recovery Plan for the species (DECCW 2009), all foraging habitat has the potential to be productive during general food shortages and to therefore provide a resource critical to survival for the species. The Proposed Action will result in the loss of approximately 1.0 hectares of foraging habitat for the species.
The Proposed Action is considered unlikely to:
• lead to a long-term decrease in the size of an important population of the species;
• reduce the area of occupancy of an important population of the species;
• fragment an existing important population into two or more populations;
• adversely affect habitat critical to the survival of these species;
• disrupt the breeding cycle of an important population of the species;
• modify, destroy, remove or isolate or decrease the availability or quality of habitat to the extent that these species is likely to decline;
• introduce a disease on site for the species that may cause this species to decline; or
• interfere with the recovery of the species.
The Proposed Action is unlikely to result in a significant impact on the grey-headed flying-fox. Although the Referral Area provides known foraging habitat for this species, only a small area will be impacted and this resource is part of an extensive range of habitats available in Newcastle and Port Stephens. Refer to Attachment D for the Assessment of Significance for grey-headed flying-fox.
001 Referral of proposed action v October 2016 Page 14 of 49 3.1 (e) Listed migratory species Description
A DoEE Protected Matters Search was undertaken to identify the range of migratory species listed under international conventions (China-Australia Migratory Bird Agreement (CAMBA), Japan-Australia Migratory Bird Agreement (JAMBA), Republic of Korea-Australian Migratory Bird Agreement (ROKAMBA) and the Bonn Convention (Bonn)) that are predicted to occur within the Referral Area (refer to Attachment B). Records from this database search were assessed along with records derived through the ecological surveys of the Referral Area, literature reviews and professional opinion to identify the full range of recorded or potentially occurring migratory species that may occur (refer to Attachment C). The identification of potentially occurring threatened species and communities was then used to determine those species that would be subject to an Assessment of Significance as part of this Referral (refer to Attachment D).
Ecological field surveys have been carried out in the Study Area over many years and seasons including in December 2002 (Ecotone 2003), April 2007 (SMEC 2008), October 2015 (Kleinfelder 2015) and throughout 2016 (Umwelt 2016). These surveys included diurnal bird area searches and opportunistic sightings that capture the potential occurrence of migratory bird species in the Referral Area.
One migratory species was recorded flying over the habitats of the Referral Area in May 2016, being:
• fork-tailed swift (Apus pacificus) – CAMBA, JAMBA, ROKAMBA
The following species are considered to have the potential to occur within the Referral Area based on known distribution, nearby records and/or suitable habitat:
• little tern (Sternula albifrons) – Bonn Convention, CAMBA, JAMBA, ROKAMBA
• white-throated needletail (Hirundapus caudacutus) – CAMBA, JAMBA, ROKAMBA
• eastern osprey (Pandion cristatus) – Bonn Convention
Nature and extent of likely impact Fork-tailed swift was recorded flying over the Referral Area in May 2016. None of the other migratory species listed above have been recorded within the Referral Area, however the little tern has been previously recorded nesting in mined sand dunes along the south-western edge of the Worimi Conservation Lands. Likely habitat for the species occurs in the sandy dune habitats of the Referral Area for little tern. Potential habitat has been identified for white-throated needletail and eastern osprey.
The Proposed Action is not considered likely to result in a significant impact on migratory species as it will not:
• substantially modify and/or destroy an area of important habitat for a migratory species
• seriously disrupt the lifecycle (breeding, feeding, migration or resting behaviour) of an ecologically significant proportion of the population of a migratory species and/or
• result in an invasive species that is harmful to the migratory species becoming established in an area of important habitat for the migratory species.
The Draft Referral Guideline for 14 Birds Listed as Migratory Species under the EPBC Act (DoE 2015) defines important habitat for the white-throated needletail, fork-tailed swift and eastern osprey. Important habitat for white-throated needletail includes tree hollows in tall trees on ridge tops (DoE 2015). Otherwise the species is almost entirely aerial (DoE 2015). Important habitat for fork-tailed swift includes open plains to woodland areas, however the species is almost entirely aerial (DoE 2015). Important habitat for the eastern osprey includes Bays, estuaries, along tidal stretches of large coastal rivers, mangrove swamps, coral and rock reefs, terrestrial wetlands and coastal lands of tropical and temperate Australia and off shore islands (DoE 2015).
No guidelines are available for little tern. Little terns inhabit sheltered coastal environments, including lagoons, estuaries, river mouths and deltas, lakes, bays, harbours and inlets, especially those with exposed sandbanks or sand-spits, and also on exposed ocean beaches (DoE 2016). The Referral Area contains suitable sand dune
001 Referral of proposed action v October 2016 Page 15 of 49 habitat to the east of the site. Little tern has been previously recorded nesting in mined dunes along the south- western edge of the Worimi Conservation Lands, however this has not been recorded within the Referral Area. While this is not expected to be impacted by the proposed rezoning, the proposed rezoning may result in increased human access to the sand dunes.
The habitats within the Referral Area for migratory species listed under international conventions are not considered to meet the criteria for important habitat. Furthermore, the proposed rezoning will not seriously disrupt the lifecycle of an ecologically significant proportion of the population of a migratory species; or result in an invasive species that is harmful to migratory species becoming established within the Referral Area.
The proposed rezoning is unlikely to result in a significant impact on any migratory species listed under the EPBC Act or international conventions. Refer to Attachment D for the Assessment of Significance for migratory species.
3.1 (f) Commonwealth marine area
Description
The Proposed Action is not located near any Commonwealth Marine Areas. The closest Commonwealth Marine Area occurs approximately 6.5 kilometres to the east of the Referral Area, in the Tasman Sea.
Nature and extent of likely impact The Proposed Action will not impact directly or indirectly on any Commonwealth Marine Areas.
001 Referral of proposed action v October 2016 Page 16 of 49 3.1 (g) Commonwealth land Description
The land within the Referral Area is owned by the Commonwealth and therefore the Proposed Action will be undertaken on Commonwealth land. As the Proposed Action will be undertaken on Commonwealth land by a Commonwealth Agency, the nature and extent of likely impact on the whole environment has been assessed in accordance with the Significant Impact Guidelines 1.2 – Actions on, or impacting upon, Commonwealth land, and actions by Commonwealth Agencies. A description of the environment of Commonwealth Land is provided in Section 3.3.
Nature and extent of likely impact The impacts to the of environment on Commonwealth Land have been assessed using the self-assessment process and significant impact criteria outlined in policy statement titled Significant Impact Guidelines 1.2 - Actions on, or impacting upon, Commonwealth land, and actions by Commonwealth Agencies DOE (2013) (SIG 1.2). The terms ‘unlikely’, ‘may’ and ‘likely’ have been adopted to describe the likelihood of impacts. Table 3 below provides an assessment of the Proposed Action against the SIG 1.2.
Table 3 – Nature and Extent of Likely Impacts on the Whole of the Environment
Will the Action... Likelihood Discussion / Potential Impact of Impact
Landscapes and Soils
substantially alter Unlikely The proposed master plan has been developed with consideration of natural landscape the key natural landscape features of the Referral Area, including features avoiding development on the coastal ridgetop, maintaining the majority of the Referral Area (approximately 70 per cent) for conservation and recreation land, establishment of appropriate setback from the adjoining coastal dune area and preservation of the key environmental and heritage values of the site. Building heights will be restricted to protect visual amenity and existing view corridors to the coast will be maintained from key heritage features. The master plan is in keeping with the existing built environment surrounding the Referral Area which adjoins the existing residential suburb of Stockton. Given the proposed residential development will not require significant excavation or changes to the existing landform, and having consideration to the sensitivity of the design of the master plan, it is considered unlikely that the Proposed Action will substantially alter the natural landscape features of the Referral Area.
cause subsidence, Unlikely The soil conditions within the Referral Area predominantly comprise instability or substantial sand and are therefore susceptible to erosion generally caused by erosion, or wind or water. However, no signs of deep seated instability are present within the Referral Area. Geotechnical investigations undertaken to support the planning proposal confirms that the site is suitable for residential development, with the implementation of an appropriate erosion and sediment controls. Erosion and sediment control measures will be implemented through a Construction Environmental Management Plan (CEMP) and further geotechnical investigations will be undertaken during the detailed design phase for the future residential development to confirm the design and implementation of permanent erosion and sediment control measures.
001 Referral of proposed action v October 2016 Page 17 of 49 involve medium or large- Likely Medium or large-scale excavation of soils is unlikely to be required to scale excavation of soil or enable the implementation of the master plan. Small-scale excavation minerals? will be required for the construction of roads, services, stormwater management structures and building footings for individual residential developments. Earthworks will be minimized through a requirement for raised buildings rather than slab design. Detailed design will include further geotechnical assessment including stability and erosion and sediment control.
Coastal Landscapes and Processes
alter coastal processes, Unlikely The Referral Area extends to the shoreline of Stockton Beach which is including wave action, subject to coastal hazards, however no residential development is sediment movement or proposed to be located within the coastal dune system. A Coastal accretion, or water Engineering assessment was undertaken to support the planning circulation patterns proposal which confirms all residential development in the proposed master plan will be located landward of the 2100 ‘unlikely’ erosion hazard line. The Proposed Action is therefore unlikely to alter coastal processes.
permanently alter tidal Unlikely The Referral Area is located approximately 250 metres east of the patterns, water flows or Hunter estuary, however due to the nature of the proposed residential water quality in estuaries development and that no direct or indirect impacts are likely to occur on surrounding lands, it is unlikely that the Proposed Action would permanently alter tidal patterns, water flows or water quality in the estuary.
reduce biological Unlikely The Referral Area is located approximately 250 metres east of the diversity or change Hunter estuary, however due to the nature of the proposed residential species composition in development and that no direct or indirect impacts are likely to occur estuaries, or on surrounding lands, it is unlikely that the Proposed Action would reduce biological diversity or change species composition in the estuary.
extract large volumes of Unlikely The Referral Area extends to the shoreline of Stockton Beach and sand or substantially incorporates the associated dune system, which is subject to coastal destabilise sand dunes? hazards. All residential development proposed as part of the master plan will be located landward of the 2100 ‘unlikely’ erosion hazard line. The Proposed Action does not involve the extraction of large volumes of sand. Given the location of the proposed development landward of the 2100 ‘unlikely’ erosion hazard line, the Proposed Action is considered unlikely to destabilise the adjoining sand dunes.
Ocean Forms, Ocean Processes and Ocean Life
reduce biological diversity or change species composition on reefs, seamounts or in other sensitive marine environments N/A The proposal is not located in an ocean or marine area. alter water circulation patterns by modification of existing landforms or the addition of artificial reefs or other large structures
001 Referral of proposed action v October 2016 Page 18 of 49 substantially damage or modify large areas of the seafloor or ocean habitat, such as sea grass
release oil, fuel or other toxic substances into the marine environment in sufficient quantity to kill larger marine animals or alter ecosystem processes, or
release large quantities of sewage or other waste into the marine environment?
Water Resources
measurably reduce the Unlikely Stormwater modelling undertaken indicates stormwater can be quantity, quality or appropriately managed and treated without impacting on or reducing availability of surface or existing surface water or groundwater systems. ground water
channelise, divert or Unlikely There are no rivers, creeks or drainage channels located within the impound rivers or creeks Referral Area. Runoff from the Referral Area either infiltrates into the or substantially alter sand substrate or is discharged to the existing stormwater drainage drainage patterns, or system on Fullerton Street. Stormwater modelling indicates drainage will follow existing routes following future residential development of the Referral Area and stormwater can be appropriately managed and treated without impacting existing drainage patterns.
measurably alter water Unlikely No alterations to groundwater levels are likely as a result of the table levels? Proposed Action.
Pollutants, Chemicals, and Toxic Substances
generate smoke, fumes, Unlikely The Proposed Action may result in very minor and temporary chemicals, nutrients, or generation of smoke/fumes from the construction machinery, which other pollutants which are unlikely to substantially reduce local air quality. will substantially reduce Appropriate erosion and sediment control measures will be established local air quality or water as part of the CEMP process in order to protect local water quality quality during construction. The long term use of the site for residential, recreational and conservation land uses is unlikely to substantially reduce local air or water quality.
result in the release, Unlikely The Proposed Action will not utilise, store, transport or dispose of leakage, spillage, or flammable, explosive, toxic, radioactive, carcinogenic, or mutagenic explosion of flammable, substances. explosive, toxic, radioactive, carcinogenic, or mutagenic substances, through use, storage, transport, or disposal
001 Referral of proposed action v October 2016 Page 19 of 49 increase atmospheric Unlikely While greenhouse gases will be generated from the use of the concentrations of gases construction vehicles, this is unlikely to increase atmospheric which will contribute to concentrations of greenhouse gases or ozone depleting substances. the greenhouse effect or ozone damage, or
substantially disturb Unlikely The Referral Area has been subject to previous contamination contaminated or acid- investigations and remediation works associated with the former sulphate soils? Defence use. The Fort Wallace site has been subject to a site audit process and is considered suitable for the proposed residential, recreation and conservation land uses, subject to implementation of a Site Environmental Management Plan. The Site Audit Statement is provided in Attachment A. Given that earthworks for the Proposed Action will be undertaken in accordance with the Site Environmental Management Plan, the likelihood of substantial disturbance to contaminated soils is considered to be low. Geotechnical investigations undertaken within the Referral Area indicate that acid sulphate soil conditions are not present or expected within the Referral Area.
Impacts on Plants
involve medium or large- Unlikely The Proposed Action may require the removal of up to approximately scale native vegetation 1.2 ha of native vegetation, which represents approximately 4% of the clearance total area of the site. It should be noted that where possible this vegetation will be retained particularly within the larger proposed residential lots. As the proposed rezoning has focused on the retention of as much intact vegetation as possible, the impacts to local biodiversity are expected to be minimal. It is considered unlikely that the potential redevelopment of the site for residential uses would result in a substantial impact on flora species and communities occurring within the Referral Area (refer to Attachment A).
involve any clearance of Unlikely No threatened flora species listed under the EPBC Act have been any vegetation recorded within the Referral Area. containing a listed
threatened species which is likely to result in a long-term decline in a population or which threatens the viability of the species
introduce potentially Unlikely The CEMP to be implemented during the construction phase will invasive species include requirements for weed and pest management.
involve the use of Unlikely No chemical use for plant control is proposed. chemicals which substantially stunt the growth of native vegetation, or
involve large-scale Unlikely No large-scale controlled burning is proposed across the Referral Area. controlled burning or any Asset Protection Zones will be maintained around the proposed controlled burning in residential development and have been assessed as part of the sensitive areas, including disturbance area of the proposed action. areas which contain listed threatened species?
001 Referral of proposed action v October 2016 Page 20 of 49 Impacts on Animals
cause a long-term Unlikely The Proposed Action may require the removal of up to approximately decrease in, or threaten 1.2 ha of native vegetated habitat, which represents approximately the viability of, a native 4% of the total area of the site. animal population or As the proposed rezoning has focused on the retention of as much populations, through intact vegetation higher quality habitat as possible, the impacts to death, injury or other local biodiversity are expected to be minimal. It is considered unlikely harm to individuals that the potential redevelopment of the site for residential uses would result in a substantial impact on fauna species and communities occurring within the Referral Area (refer to Attachment A). Additionally, pre- clearance surveys for fauna within the project footprint. This should largely prevent harm to native fauna, and therefore the Proposed Action is unlikely to cause a decline in a species as a result of harm to individuals.
displace or substantially Unlikely The Proposed Action will result in the removal of approximately 1.2 limit the movement or hectares of disturbed native vegetation that currently provides habitat dispersal of native animal for fauna. populations Connectivity from the north and south of the Referral Area to Stockton is currently highly fragmented as a result of previous residential and urban development and the proposed rezoning is unlikely to displace or substantially limit the movement or dispersal of native animal populations.
substantially reduce or Unlikely The Proposed Action will result in the removal of approximately 1.2 fragment available hectares of disturbed native vegetation that currently provides habitat habitat for native for fauna. species; The Referral Area is previously disturbed and the proposed master plan incorporates the implementation of larger lots and retention of vegetation where possible, the Proposed Action is unlikely to fragment existing habitat.
reduce or fragment Unlikely An assessment of the potential for the Proposed Action to reduce or available habitat for fragment the habitat for listed threatened species has been listed threatened species undertaken is provided in the Assessments of Significance outlined in which is likely to displace Attachment D. a population, result in a The assessment concluded that based on the proposed master plan long-term decline in a the Proposed Action is unlikely to displace a population, result in a population, or threaten long-term decline in a population, or threaten the viability of the viability of the threatened species occurring or likely to occur in the Referral Area. species
introduce exotic species Unlikely The CEMP to be implemented during the construction phase will which will substantially include requirements for weed and pest management. reduce habitat or resources for native species, or
undertake large-scale Unlikely No large-scale controlled burning is proposed across the Referral Area. controlled burning or any Asset Protection Zones will be maintained around the proposed controlled burning in residential development and have been assessed as part of the areas containing listed disturbance area of the proposed action. threatened species?
Impacts on People and Communities
001 Referral of proposed action v October 2016 Page 21 of 49 substantially increase Unlikely Servicing investigations undertaken indicate the future residential demand for, or reduce development of the Referral Area can be adequately serviced by the the availability of, surrounding infrastructure and will not impact on demand or reduce community services or availability of services. infrastructure which have direct or indirect impacts on the environment, including water supply, power supply, roads, waste disposal, and housing
affect the health, safety, Unlikely Noise, dust and fumes are unlikely to be generated from the Proposed welfare or quality of life Action to an extent that they affect the health, safety, welfare or of the members of a quality of life of members of the community. community, through factors such as noise, odours, fumes, smoke, or other pollutants
cause physical Unlikely The Referral Area is currently unoccupied. No individuals or dislocation of individuals communities will be relocated as a result of the Proposed Action. or communities, or
substantially change or Unlikely The Proposed Action has been designed to be sympathetic to the diminish cultural identity, existing character of the Stockton area in its scale, diversity of social organisation or dwellings and landscape character. The proposed master plan will community resources? enhance public access to the coast and provide recreational opportunities for the local community and visitors to the area. The Proposed Action is therefore unlikely to adversely affect the cultural or social identity of the surrounding communities.
Impacts on Heritage
permanently destroy, Unlikely The Fort Wallace site is listed on the Commonwealth Heritage list (ID remove or substantially 105335). The existing heritage items of significance which meet the alter the fabric (physical threshold for the Commonwealth Heritage list will be retained at the material including Fort Wallace site and protected through the implementation of structural elements and appropriate buffers to proposed residential development. Additionally, other components, the development of the site (which is currently unoccupied) will fixtures, contents, and ensure the future maintenance of these heritage items which are objects) of a heritage currently deteriorating. place
involve extension, Unlikely The existing heritage items of significance at the Fort Wallace site renovation, or substantial which meet the threshold for the Commonwealth Heritage list will be alteration of a heritage retained and unaltered. These items will be protected through the place in a manner which implementation of appropriate buffers from residential development is inconsistent with the and retention of key views and sight lines. Additionally the heritage values of the development of the site will ensure the future maintenance of these place heritage items.
involve the erection of Unlikely The existing heritage items of significance at Fort Wallace which meet buildings or other the threshold for the Commonwealth Heritage list will be retained and structures adjacent to, or unaltered. These items will be protected through detailed design within important sight through the implementation of appropriate buffers from residential lines of, a heritage place development and retention of key views and sight lines. Building which are inconsistent heights will also be restricted to maintain existing visual amenity of with the heritage values the Fort Wallace site. of the place
001 Referral of proposed action v October 2016 Page 22 of 49 substantially diminish the Unlikely The existing heritage items of significance at Fort Wallace which meet heritage value of a the threshold for the Commonwealth Heritage list will be retained and heritage place for a unaltered. These items will be protected through the implementation community or group for of appropriate buffers to proposed residential development. The which it is significant Proposed Action will provide increased access to the heritage items within Fort Wallace through the establishment of a defined ‘heritage park’ area.
substantially alter the Unlikely The proposed works would not alter the setting of the Fort Wallace setting of a heritage site in relation to the heritage values for which it is recognised. It is place in a manner which considered that the establishment of a ‘heritage park’ with appropriate is inconsistent with the setbacks to residential development would encourage increased heritage values of the community appreciation of the heritage values of the area and place, or facilitate ongoing understanding of the original setting of the heritage items and the relationship between them.
substantially restrict or Unlikely The heritage values of the Referral Area relate to its past use for inhibit the existing use of Defence purposes. The Referral Area is currently unoccupied and not a heritage place as a utilised as a cultural or ceremonial site. The heritage items of cultural or ceremonial significance at Fort Wallace which meet the threshold for the site? Commonwealth Heritage list will be retained and unaltered. These sites are located within the RE1 Public Recreation zone to encourage and enhance the use and appreciation of the heritage values of the area.
As outlined in Table 3 above, the Proposed Action is unlikely to result in a significant impact on the whole of the environment on Commonwealth Land, or as a result of an action by a Commonwealth agency.
3.1 (h) The Great Barrier Reef Marine Park Description The Great Barrier Reef Marine Park is not in the vicinity of the Referral Area.
Nature and extent of likely impact The Proposed Action will not impact directly or indirectly on the Great Barrier Marine Park.
3.1 (i) A water resource, in relation to coal seam gas development or large coal mining development Description The Proposed Action is not a coal seam gas or large coal mining development.
Nature and extent of likely impact The Proposed Action is not a coal seam gas or large coal mining development and will not result in any direct or indirect impacts to any water resources under those categories of development.
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
3.2 (a) Is the proposed action a nuclear X No action? Yes (provide details below)
001 Referral of proposed action v October 2016 Page 23 of 49 If yes, nature & extent of likely impact on the whole environment
3.2 (b) Is the proposed action to be taken No by the Commonwealth or a X Yes (provide details below) Commonwealth agency? If yes, nature & extent of likely impact on the whole environment
The Proponent of the Proposed Action is DHA, a Commonwealth agency. An assessment of the nature and extent of the likely impact of the Proposed Action on the whole environment is provided in Table 3 in Section 3.1(g). A description of the environment is provided in Section 3.3.
As outlined in Table 3, the Proposed Action is unlikely to result in significant impact to the whole of environment on Commonwealth Land, or as a result of an action by a Commonwealth agency.
3.2 (c) Is the proposed action to be taken in X No a 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 No on Commonwealth land? X Yes (provide details below) If yes, nature & extent of likely impact on the whole environment (in addition to 3.1(g))
The impacts to the whole of environment have been assessed using the self-assessment process and significant impact criteria outlined in SIG 1.2. Table 3 in Section 3.1(g) provides an assessment of the Proposed Action against the SIG 1.2.
As outlined in Table 3, the Proposed Action is unlikely to result in significant impact to the whole of environment on Commonwealth Land, or as a result of an action by a Commonwealth agency.
3.2 (e) Is the proposed action to be taken in X No the 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 October 2016 Page 24 of 49 3.3 Description of the project area and affected area for the proposed action
3.3 (a) Flora and fauna
Flora
A total of 46 flora species have been recorded across the Referral Area following floristic surveys undertaken by SMEC (2008), Kleinfelder (2015) and Umwelt. Plants were recorded from two major vascular plant classes, being flowering plants (Magnoliopsida) and ferns (Filicopsida) and included trees, shrubs, forbs, grasses, sedges, rushes, reeds and ferns. A total of 24 plant families were recorded. Poaceae (grasses) was the most well-represented family with 11 species recorded, followed by Myrtaceae (myrtles and eucalypts) with 6 species, Fabaceae (Faboideae) (pea flowers) with 5 species recorded.
Of the 46 species recorded, 13 (28 per cent) were introduced species. Dominant introduced species recorded include bitou bush (Chrysanthemoides monilifera), blackberry (Rubus fruticosus sp. agg.), prickly pear (Opuntia stricta), lantana (Lantana camara) and African love grass (Eragrostis curvula).
Floristic diversity of the Referral Area is regarded as low. It is considered likely that floristic diversity is representative of similar disturbed coastal vegetation occurring widely across the Newcastle and Port Stephens coastline.
Fauna
Several general fauna habitat types occur in the Referral Area. Each of these broad habitat types has a range of characteristics which influence the habitat value, and the range of fauna species that are likely to be identified within each type. The broad habitat types recorded within the Referral Area consist of forest, shrubland and dune spinifex/wetland habitat.
A total of 44 fauna species have been recorded in the Referral Area and surrounds during the surveys undertaken for this assessment. This included 34 bird species, 2 reptile species, 2 amphibian species and 6 mammal species. Of these recorded species, 5 (15%) were introduced species (mammals and birds). Commonly recorded species observed in the forest and shrubland habitats include Australian raven (Corvus coronoides), magpie lark (Grallina cyanoleuca), red-browed finch (Neochmia temporalis), red wattlebird (Anthochaera carunculata) and swamp wallaby (Wallabia bicolor). Introduced fauna species observed within the Study Area include red fox (Vulpes vulpes) and the European rabbit (Oryctolagus cuniculus).
One EPBC Act-listed threatened fauna species, grey-headed flying-fox (Pteropus poliocephalus) and one migratory species listed under international conventions, fork-tailed swift (Apus pacificus) were recorded in habitats within the Referral Area during the surveys.
3.3 (b) Hydrology, including water flows
Surface Water
The Referral Area is located on a sand spit between the Pacific Ocean and the south arm of the Hunter River. No rivers, creeks or drainage channels are located within the referral area. The existing drainage within the Fort Wallace site generally falls west towards Fullerton Street, where it discharges through a Council Reserve before entering the Hunter River.
Future residential development of the Referral Area has the potential to increase the impervious area and rate of stormwater discharge. A Stormwater Management Plan has been prepared for the Forth Wallace site by ADW Johnson (2016) (see Attachment A) to support the planning proposal. Specifically the stormwater management plan addresses stormwater quantity and quality applicable to future residential development. The plan assesses the impact of the residential development on the existing drainage regime, determines the stormwater discharge constraints and identifies proposed stormwater device measures to adequately treat the stormwater prior to discharging to receiving waters.
001 Referral of proposed action v October 2016 Page 25 of 49 The proposed master plan has been designed to achieve water cycle management objectives. This process is known as Water Sensitive Urban Design (WSUD) with the protection of the waterways and management of stormwater within the landscape being key design principles.
The conceptual stormwater system designed for the Proposed Action will not change the existing drainage patterns for the site. Following development, stormwater from the Fort Wallace site will continue to discharge from the site to Fullerton Street. A stormwater treatment train is proposed to provide appropriate treatment of pollutants prior to discharging into the natural environment.
A MUSIC model was used to simulate pollutant source elements for the concept master plan to confirm that stormwater could be adequately treated within the limits of the Referral Area. The results from this study demonstrate that there is adequate capacity within the Referral Area to achieve the required performance objectives for stormwater management (ADW Johnson 2016).
Groundwater
Geotechnical assessments undertaken within the Referral Area included the establishment of test pits and bores across the Referral Area. No groundwater was observed within any of the geotechnical pits or bores while they remained open within the Referral Area. It is noted that groundwater levels are affected by factors such as climatic conditions and soil permeability and detailed assessment based on the level of excavation proposed for future residential development will be undertaken.
3.3 (c) Soil and Vegetation characteristics
Soil Characteristics
The Referral Area is located within the Stockton Coastal Dune system and underlain by Quaternary coastal sand soil type identified by the NSW Coalfields 1:100 000 geology map. Soils are predominantly rudosols and tenosols (siliceous or calcareous sands), podosols and organosols. Test pits across the Referral Area generally observed medium dense to dense sand across the site, with some observations of fill material present in some locations.
The Referral Area has been subject to previous contamination assessment and remediation works associated with the previous Defence land uses, including the excavation and/or removal of Defence waste (spent bullets), asbestos, building waste and illegally dumped general waste. A Site Audit Statement has been prepared for the site under the NSW Contaminated Land Management Act 1997 (see Attachment A). The Site Audit Statement confirm that the site is suitable for the residential and recreational land uses proposed under the master plan, subject to implementation of a Site Environmental Management Plan.
Acid sulphate soil testing within the Referral Area undertaken by Douglas Partners (refer to Attachment A), indicate the absence of acid sulphate soils within the Referral Area.
Vegetation Characteristics
Three native vegetation community types have been mapped within the Referral Area, being:
• Frontal Dune Blackbutt-Apple Forest
• Coastal Tea-tree – Banksia Scrub and
• Foredune Spinifex.
One exotic vegetation community type has been mapped within the Referral Area, being:
• Bitou Bush-dominated Scrub.
These vegetation communities are mapped on Figure 6, and described further below.
001 Referral of proposed action v October 2016 Page 26 of 49 Frontal Dune Blackbutt-Apple Forest
This vegetation community occurs on the Holocene sands along the Stockton Bight coastline where there is protection from direct coastal winds. This vegetation community is primarily located in the north of the Fort Wallace site (refer to Figure 6). The community extends into the north within Worimi Regional Park and within the Worimi Conservation Lands. The canopy is dominated by smooth-barked apple (Angophora costata) and blackbutt (Eucalyptus pilularis) with occasional occurrences swamp mahogany (Eucalyptus robusta) (refer to Plate 1). The midstorey was dominated by old man banksia (Banksia serrata), Sydney golden wattle (Acacia longifolia) and coastal tea-tree (Leptospermum laevigatum), with occasional coast banksia (B. integrifolia). The ground cover consisted primarily of bracken fern (Pteridium esculentum) with raspwort (Gonocarpus teucrioides), blady grass (Imperata cylindrica) and kangaroo grass (Themeda triandra) also present. The exotic bitou bush (Chrysanthemoides monilifera) and lantana (Lantana camara) also occur in this community.
Plate 1
Frontal Dune Apple- Blackbutt Forest in the Referral Area.
Coastal Tea-tree – Banksia Scrub
This vegetation community occurs as a shrubland and is likely to be derived from the Frontal Dune Blackbutt-Apple Forest occurring in the Referral Area (refer to Figure 6). Historical disturbances from the former use of the Fort Wallace have modified this community with groundcovers and shrubs now dominating the Referral Area.
This community is primarily dominated by coastal tea-tree (Leptospermum laevigatum) with occurrences of coastal wattle (Acacia longifolia subsp. sophorae) and coast banksia (Banksia integrifolia). The native groundcover consisted primarily of pig face (Carpobrotus glaucescens), spiny-headed mat-rush (Lomandra longifolia) and dune fan flower (Scaevola calendulacea). The exotic bitou bush (Chrysanthemoides monilifera) and lantana (Lantana camara) also occur in this community. Disturbance of this community is varied with some areas recently cleared with sparse vegetation cover and other areas presenting dense coastal tea-tree stands (refer to Plate 2).
001 Referral of proposed action v October 2016 Page 27 of 49 Plate 2
Coastal Tea-tree – Banksia Scrub in the Referral Area.
Foredune Spinifex
This vegetation community occurs on the incipient foredunes on the far eastern sections of the Referral Area (refer to Figure 6). This community occurs sporadically along the mobile sands of Stockton Bight, and is characterised by the colonising, sand-stabilising grass Spinifex sericeus. These are often temporary communities found growing on mobile sand deposits such as beach foredunes and dune blowouts. Beach spinifex grassland is found across beach strands in New South Wales. The dominant species in this community is hairy spinifex (Spinifex sericeus) with patches of bitou bush (refer to Plate 3). In some patches, bitou bush appears to be threatening the persistence of the spinifex community.
Plate 3
Foredune Spinifex in the Referral Area.
001 Referral of proposed action v October 2016 Page 28 of 49 Bitou Bush-dominated Scrub
This exotic vegetation community occurs on the sand dunes on the eastern sections of the Referral Area (refer to Figure 6), where Coastal Tea-tree – Banksia Scrub has been overtaken by a monoculture stand of bitou bush. The dominant species in this community is bitou bush with occasional instances of coastal wattle and coast banksia (refer to Plate 6).
Plate 6
Bitou Bush-dominated scrub in the Referral Area.
3.3 (d) Outstanding natural features
There are no outstanding natural features within the Referral Area or in its immediate vicinity.
3.3 (e) Remnant native vegetation
The Referral Area is surrounded by urban development. The Worimi Regional Park to the north of the site constitutes part of the wider Worimi Conservation Lands that provide an important habitat link within a broader wildlife corridor from the Hunter Wetlands National Park in the northwest, Tomaree National Park and Tilligerry State Conservation Area in the north. The majority of the Worimi Conservation Lands are dominated by blackbutt (Eucalyptus pilularis) and smooth-barked apple (Angophora costata) forests (OEH 2015). Connectivity from the Worimi Conservation Lands to the north of the Referral Area is currently severed by urban development and historic disturbances.
Vegetation in the Study Area has been subjected to several human disturbances including activities during the active use of the site in World War II and defence training activities and vehicle recreation. These disturbances have led to a reduction in vegetation condition, particularly within the dune system. Retained vegetation in the northern and southern portion of the Study Area represents an isolated and fragmented area of lower quality habitat. Fauna habitats in the locality include disturbed forests, coastal sand scrub and sand dunes.
3.3 (f) Gradient (or depth range if action is to be taken in a marine area)
The Referral Area ranges in elevation from approximately RL2.0m AHD to approximately 7.0m AHD with the dune system to the east extending up to approximately 16m AHD.
001 Referral of proposed action v October 2016 Page 29 of 49 3.3 (g) Current state of the environment
The Referral Area has been subject to significant clearing and disturbance associated with previous Defence use and is located on a sand spit which is particularly susceptible to erosion.
Erosion
Geotechnical investigations were undertaken by Douglas Partners to support the planning proposal for the Referral Area (see Attachment A). The subsurface conditions present predominately comprise sand, which is susceptible to erosion from wind and water. There are, however, no obvious signs of deep seated instability within the Referral Area.
Coastal Erosion
The Referral Area extends to the shoreline of Stockton Beach which is subject to coastal hazards including erosion, dune stability and reduced foundation capacity, wave overtopping and sand drift.
Changes to the coastal system to the east of the Fort Wallace site has been investigated to assess the potential impacts of short and long term erosion, sea level rise, and ongoing recession. The Coastal Engineering Assessment (see Attachment A), prepared by BMT WBM, demonstrates three scenarios for erosion by 2100 and the impact of each scenario on the Fort Wallace site, considering specifically the concept master plan as an example of a potential residential development of the site.
The three scenarios are as follows:
• an ‘almost certain’ erosion scenario including short and medium term erosion, ongoing recession (due to the Newcastle Harbour breakwaters), but excluding the impacts of sea level rise; • a ‘likely’ erosion scenario including short and medium term erosion, ongoing recession, and future recession due to sea level rise of 0.4 m by 2100 (equivalent to the current rate of sea level rise); and • an ‘unlikely’ erosion scenario including short and medium term erosion, ongoing recession, and future recession due to sea level rise of 0.9 m by 2100 (equivalent to highest emission scenario along which we are tracking). The ‘unlikely’ scenario • is the typical conservative estimate used for planning purposes in NSW.
In accordance with Newcastle City Council policy and best practice planning for residential subdivision and development potentially at risk from coastal hazards, all residential development in the master plan for the Fort Wallace site is located landward of the 2100 ‘unlikely’ hazard line. In order to encompass the bushfire asset protection zones required for the Fort Wallace site and ensure a clear delineation of management, some of the proposed residential zone is within the ‘medium’ risk zone.
3.3 (h) Commonwealth Heritage Places or other places recognised as having heritage values
The Fort Wallace site is listed on the Commonwealth Heritage List (ID 105335), the Department of Defence Section 170 Heritage Register and the non-statutory Register of the National Estate (ID 18957), the elements comprised therein are variously identified as being of State or National Significance. Urbis was engaged to undertake a Heritage Impact Statement (HIS) to assess the heritage impact of the Proposed Action on the Fort Wallace site, see Attachment A. The HIS includes a detailed review of the heritage significance of the existing heritage elements within the site and considers the likely impacts of the Proposed Action on the heritage values of the site.
The existing heritage items on site which are considered to meet the threshold for entry in the Commonwealth Heritage List or those that make a contribution to the Commonwealth Heritage values of the site as a whole are shown on Figure 8 and detailed in Table 4 below. All the items listed in Table 4 will be retained.
001 Referral of proposed action v October 2016 Page 30 of 49 Table 4 – Fort Wallace Historical Items and level of Significance Item Description Assessed Level of Significance Number
A0037 Tunnels
23 Plotting Room A
A0036 Watch Tower, Observation Tower (element of high significance or heritage value that embodies Commonwealth values and State heritage significance in its 27 No.2 Gun Emplacement – 9.2 inch own right and make an irreplaceable contribution to the guns significance/heritage value of the place as a whole) Meets threshold for entry in the Commonwealth Heritage 16 No.2 Gun Emplacement – 6 inch guns List. Fulfils criteria for state or local listing. 18 No.1 Gun Emplacement – 9.2 inch guns
15 Engine Room, Northern Searchlight – 9.2 inch guns
13 Casualty Station
A0035 Radio Room, Wireless Room
A0007 Admin Building, Engine House 6 inch B guns (element of significance or heritage value that embodies Commonwealth values and State or local heritage 102 Northern Searchlight 9.2 inch guns significance in its own right and makes a significant contribution to the overall significance of the place) 20 Northern Searchlight 6 inch guns Meets the threshold for entry in the Commonwealth Heritage Southern Searchlight 6 inch guns List. Fulfils criteria for state or local listing.
103 Southern Searchlight 9.2 inch guns
56 Hoban Commemorative tree
101 Engine Room, Southern Searchlight 9.2 inch guns
A0008 Gymnasium, Drill Hall C (element demonstrates some heritage values and makes contribution to the overall significance of the place) Fulfils criteria for local listing.
The HIS includes a detailed review of the proposed master plan and includes the following key observations regarding the Proposed Action:
- The Proposed Action conserves the coastal ridge top, the highly significant items on the coastal ridge top and the beach in the eastern portion of the site as these areas will be zoned RE1 Public Recreation. The design also conserves the seaward outlook from significant heritage items including the gun emplacements.
- The RE1 Public Recreation zone would encompass the heritage items located on the escarpment and any future residential development on the Fort Wallace site would therefore maintain an appropriate setback from these heritage items facilitating an ongoing understanding of the original setting of the items and the relationship between them.
001 Referral of proposed action v October 2016 Page 31 of 49 - A site specific DCP will be developed that stipulates the implementation of development buffers around the highly significant heritage items located in the proposed R2 Low Density Residential zone (the Admin Building and Plotting Room). This will ensure that the curtilage of these items is appropriately respected and appreciation is facilitated.
- The residential development of the site would generate pedestrian traffic around the heritage items encouraging appreciation and maintenance. Also this would facilitate causal surveillance of the items which are currently subject to vandalism.
- The HIS notes that the proposed 14m maximum building height proposed for the site is higher than that recommended by the 1994 Conservation Management Plan (CMP) applicable to the site of 2-3 storeys, however includes the following considerations:
• Larger buildings on the site are not unprecedented – the 1974 Barracks (which have been removed) was 3 storeys high with additional pitched roof;
• The CMP was prepared prior to there being any clear view as to what kind of development would characterise the future development of the site and it is considered that to achieve a meaningful development on the site a degree of density is required;
• The higher building height facilitates higher density elements which allows for the accommodation of the environmental constraints on site and buffers to the existing heritage items;
• The CMP references maintaining the existing views as a key objective of the stated appropriate height however detailed site testing as part of the assessment indicates this objective can be achieved without limiting the height to 2-3 storeys.
The existing heritage items with significance grading A-C will be retained on site and appropriate buffers will be applied during the detailed design for the proposed residential development to ensure these items and the existing heritage significance of the site is protected. The HIS supports the rezoning of the site and future residential development as it would facilitate the ongoing use and maintenance of the site, including its current heritage features providing the design recommendations detailed within the assessment are adopted (refer to Section 5).
3.3 (i) Indigenous heritage values
The Referral Area is situated within a large dual barrier formation known as Stockton Bight, an area that would have provided access to a range of very rich resource zones that would have made this area attractive to Aboriginal occupation, and/or a suitable place for the procurement of resources. The Fort Wallace site has been subject to significant disturbance, which in turn has the potential to impact on the distribution and integrity of archaeological material within the site. However, due to the nature of soil landscapes within the area, there remains the potential for archaeological deposits with varying degrees of integrity to remain present within portions of the Referral Area. Umwelt (Australia) Pty Limited (Umwelt) were commissioned by DHA to prepare an Aboriginal Cultural Heritage and Archaeological Assessment (ACHAA) (see Attachment A) in consultation with the Registered Aboriginal Parties regarding the Aboriginal Cultural Heritage values of the site to support the planning proposal for the Fort Wallace site.
The majority of the Fort Wallace site is located within the Fern Bay Site complex (38-4-0895), the Fern Bay Site Complex is a registered area which includes a number of registered aboriginal finds, it represents an area approximately 4 km north to south and 0.4km to 1km wide east to west. The Fern Bay Site Complex consists of middens, artefact scatters and isolated finds. The site card noted that traditional knowledge records the presence of ceremonial sites and traditional burials within the site area. Therefore it is likely that further artefacts and shell occur within the Fort Wallace site. A further ten sites (Aboriginal Resource and Gathering, artefact scatters and burials) are located within the area of the site not subject to the Fern Bay Site Complex within the Stockton Dune area along the eastern boundary. The extent of historical disturbance associated with the establishment and ongoing use of the Fort has impacted much of the Fort Wallace site and is likely to have also impacted any sub-surface deposits that may be present within the existing disturbed areas. However, outside the existing disturbance footprint (that is, where sub-surface disturbance does not extend to the depth of deposits), it is possible that intact or partially intact deposits may be present.
001 Referral of proposed action v October 2016 Page 32 of 49 A field survey was conducted on 21 September 2016 of the areas of pedestrian accessibility. In the southern end of the site many of the previously recorded sites were inaccessible due to dense vegetation. Five new sites were recorded including 2 isolated finds, an artefact scatter and shells (refer to Figure 9). Areas of archaeological potential were identified within the less disturbed areas of the site adjoining the existing parade ground and the western dune parallel to Fullerton Street, as shown in Figure 10. These areas of archaeological potential were identified due to the presence of the newly identified sites and the archaeological pattern for the area which indicates the potential for archaeological deposits within the dune profiles in areas of low previous disturbance. The central portion of the site has been subject to substantial disturbance as a result of the construction of the Fort and as a result lacks archaeological potential.
3.3 (j) Other important or unique values of the environment
In addition to the adjoining the Worimi National Park and Conservation lands, the Referral Area is located approximately 2 km from the southern end of the Hunter Wetlands National Park. Given the nature of the development and separation distance the Proposed Action is unlikely to have any impact on these conservation areas.
3.3 (k) Tenure of the action area (e.g. freehold, leasehold)
DHA own the Fort Wallace site freehold. This site was purchased from the Department of Defence in 2015.
3.3 (l) Existing uses of area of proposed action
The original fort was constructed in 1912, the Department of Defence ceased activity on the site in 2003 and DHA purchased the site in 2015. The site is currently vacant, non-operational and secured.
3.3 (m) Any proposed uses of area of proposed action
The Proposed Action involves the rezoning of the Fort Wallace site to provide for a mix of residential, recreational and conservation land uses, generally in accordance with the concept master plan developed for the site (refer to Figure 3). It is anticipated that 50 per cent of the residential housing will be sold to the private market, with the remainder retained for Defence housing.
001 Referral of proposed action v October 2016 Page 33 of 49 4 Environmental outcomes
As discussed in Section 3.0, the Proposed Action is not predicted to result in a significant impact on matters protected under the EPBC Act. Assessments of Significance were undertaken for MNES that have been recorded within or adjacent to the Referral Area or have the potential to occur within the Referral Area (refer to Attachment D), and for relevant aspects of the whole of the environment (refer to Section 3.1(g)). It was determined that the Proposed Action is unlikely to have a significant impact on all of these MNES or on the whole of the environment.
This outcome has been achieved in part by the significant design refined undertaken during the development of the master plan. Detailed constraints studies have guided the master plan design and enabled avoidance of key ecological, heritage, archaeological and erosion hazard features.
The Proposed action incorporates a range of avoidance and mitigation measures to ensure that the potential for environmental impact is minimised (refer to Section 5 and Attachments A). Table 5 below outlines a range of environmental outcomes from these measures and why they are beneficial for the MNES relevant to the Proposed Action.
Table 5 – Environmental Outcomes for Protected Matters
Measure Environmental Outcome Protected Matters Benefited
Avoidance of areas of high Avoidance of impacts within higher • grey-headed flying-fox conservation value conservation value areas and • migratory species concentration of impacts within areas of lower ecological value.
Provision for large lots with Retention of vegetation • grey-headed flying-fox minimal building envelopes surrounding and within the • migratory species residential lots which in turn will allow continued connectivity in a north/south direction across the site following the completion of construction.
Clearly defined disturbance Avoidance of impact on areas • grey-headed flying-fox area outside disturbance area assessed • migratory species in this Referral
Pre-clearance surveys and Minimisation of fauna death and • grey-headed flying-fox clearance supervision injury as a result of vegetation • clearance.
Weed control Minimisation of weed spread into • grey-headed flying-fox native vegetation communities and • migratory species habitats.
Targeted feral animal control Reduction in predation and • migratory species programs competition for resources with native species.
Site management for flora and Minimisation of impacts on local • grey-headed flying-fox fauna protection including: flora and fauna. • migratory species • traffic control/speed limits Increase of environmental stewardship of the site. • suitable fencing • pet management
001 Referral of proposed action v October 2016 Page 34 of 49 Measure Environmental Outcome Protected Matters Benefited
Dune rehabilitation Re-establishment of native • migratory species vegetation communities and fauna habitats.
Retention of Heritage listed Retains heritage items which meet • Items of Commonwealth items with A-C significance the threshold for entry to the heritage significance - Fort Commonwealth list and/or local Wallace listing
Implementation of buffers Curtilage of heritage items is • Items of Commonwealth between residential appropriately respected and heritage significance - Fort development and existing appreciation facilitated Wallace historic items
RE1 Public Recreation zone Appropriate setback of residential • Items of Commonwealth applied to heritage items development from items of heritage significance - Fort within dune area of Fort heritage significance and facilitate Wallace Wallace site ongoing understanding of original setting of items and relationship between them.
Reuse of vacant Fort Wallace Residential development would • Items of Commonwealth site generate pedestrian traffic around heritage significance - Fort the heritage items encouraging Wallace appreciation and continued maintenance, also facilitating casual surveillance to items which are currently subject to vandalism.
Restriction of building height Retention of key views from the • Items of Commonwealth site heritage significance - Fort Wallace
001 Referral of proposed action v October 2016 Page 35 of 49 5 Measures to avoid or reduce impacts
Table 6 provides a summary of mitigation measures to be implemented for the Proposed Action to ensure that the potential for environmental impact is minimised.
It is considered that the proposed zone boundaries on the Fort Wallace site avoid and reduce impacts to the existing ecological, historic and Aboriginal Cultural values applicable to the site. The detailed assessments undertaken to support the planning proposal for the site include a number of design measures, mitigation measures and recommendations to be incorporated as part of the detailed design of the proposed residential development. These are summarised in Table 6 below.
001 Referral of proposed action v October 2016 Page 36 of 49 Table 6 - Mitigation and Management Measures
Environmental Mitigation/Management Measures Assessment
Flora and DHA has sought to avoid and minimise potential impacts on the ecological values of the Referral Area throughout the design and planning process. Fauna This has included avoidance and minimisation of disturbance of key vegetation communities and fauna habitats. The following mitigation strategies are designed to minimise impacts on important ecological features known to occur in the areas to be disturbed as part of any residential development that would result from the rezoning:
o Pre-clearance surveys and clearance supervision o Weed control measures o Traffic control measures (reduced speed limits, signage, restricted access to dunes) o Dog and cat ownership policies o Vegetation and dune rehabilitation o Biodiversity buffers (retention of vegetation to buffer into surrounding lands) Heritage DHA has sought to avoid and minimise potential impacts on the heritage values of the Fort Wallace site throughout the design and planning process. This has included retention of all heritage items on site which are considered to meet the threshold for entry in the Commonwealth Heritage List or those that make a contribution to the Commonwealth Heritage values of the site as a whole. Items of heritage significance will be protected from development through the establishment of appropriate zoning and development buffers which will facilitate appropriate setbacks of residential development and conserve the seaward outlook from significant heritage items. The following recommendations will be applied to guide the detailed design of the proposed residential development as part of a future stage of works:
o Further consideration will be given to the options for adaptive reuse of the Admin Building, Observation Tower and Plotting Room. There is an option to retain the buildings as landscape items only with no internal access; however genuine adaptive reuse of appropriate elements will ensure that the structures are maintained to the highest level;
o If any items are proposed to be maintained as remnant evidence only, with no assigned adaptive reuse, they will be properly managed to ensure that public safety requirements are met; and
o As part of any future application for development on the site, a Base Heritage Interpretation Strategy and full Heritage Interpretation Plan including Fabrication and execution will be prepared. These documents will be prepared in consultation with Council and local historical societies.
Aboriginal DHA has sought to avoid and minimise potential impacts on the archaeological and Aboriginal cultural heritage values of the Referral Area Cultural throughout the design and planning process. This has included avoidance, where possible, and minimisation of disturbance of Aboriginal sites and Heritage areas high cultural sensitivity. The following Archaeological recommendations were developed as part of the Aboriginal Cultural Heritage and Archaeological Assessment (ACHAA)
001 Referral of proposed action v October 2016 Page 37 of 49 Environmental Mitigation/Management Measures Assessment
in light of the archaeological context of the region, the findings of the survey, the archaeological assessment of the project Area, the cultural assessment of the area by Aboriginal parties; the potential impacts of the project and current cultural heritage legislation, and will be applied to guide the detailed design of the proposed residential development.
o Further consultation be undertaken with registered Aboriginal party representatives in relation to the integration of recommendations provided by registered Aboriginal party representatives for the proposal, including:
• Undertake inspection of areas where buildings currently stand after their removal and salvage any artefacts found. • The Burial Hill should be well marked and demarcated as a no go zone so there is no access (machinery or foot traffic) during any works.
• Excavation of test pits across entire impact footprint with focus on the western dune which has been identified as a midden.
o DHA employees and contractors will be made aware that it is an offence under Section 86 of the NPW Act to harm or desecrate an Aboriginal object unless that harm or desecration is the subject of an Aboriginal Heritage Impact Permit (AHIP).
o An AHIP will be sought from the Director-General of OEH in accordance with Section 90 of the NPW Act, with this AHIP to cover the entirety of the impact area of the finalised master plan. The need to cover the entirety of the impact area is in recognition that archaeological material has been identified and/or predicted throughout the project area as a result of the movement and redistribution of the former dunes throughout the site. The AHIP should include provision for surface collection across the entirety of the project area (where Aboriginal objects are identified) and for the completion of sub-surface investigations where the project will involve impacts within the areas of low to moderate and moderate archaeological potential identified in Figure 10. All salvage works (both surface collection and sub-surface investigation) will be conducted in accordance with the methodology specified in the ACHAA.
The AHIP will specifically exclude impacts to recorded burial sites. In the event that suspected human skeletal material is identified within the other portions of the project area, all works will cease immediately and the NSW Police Department, OEH and the registered Aboriginal parties will be contacted so that appropriate management strategies can be identified.
Coastal Dune Rehabilitation to Manage Sand Drift, Short Term Erosion and Wave Overtopping: Erosion o Rehabilitation and ongoing maintenance of the dune system on the Fort Wallace site will be conducted. An appropriate dune maintenance program will be developed to ensure the establishment and maintenance of dune vegetation to maintain appropriate dune heights and support the rebuilding of dunes after storms. Coastal Erosion:
o Residential zones will be established landward of the ‘unlikely’ 2100 erosion hazard line, negating the need for implementation of revetment structures to protect at risk properties in the future at Fort Wallace.
Erosion and Erosion and Sediment control devices will be utilised to contain the pollutants generated from the site during construction. These include but are not Sediment limited to: Control o Sediment Basins;
001 Referral of proposed action v October 2016 Page 38 of 49 Environmental Mitigation/Management Measures Assessment
o Silt Fencing; o Hay bale and Geotextile Fencing; o Kerb Inlet Controls; o Sandbag Kerb Inlet Sediment traps; o Shaker Ramp; and o Diversion Drains. Any clean water entering the site from upstream catchments will be diverted around the construction site where possible hence remaining clean. Runoff generated from within the site is to be treated and managed using a combination of the above stated treatment devices. Due to the extent of disturbed areas, the use of sediment basins will be required (Landcom, 2004). During construction, the proposed Biofiltration basins will be utilised as temporary sediment basins. Refer to Appendix A of Stormwater Management Plan for a typical Erosion and Sediment Control Plan.
001 Referral of proposed action v October 2016 Page 39 of 49
6 Conclusion on the likelihood of significant impacts
6.1 Do you THINK your proposed action is a controlled action?
X No, complete section 5.2 Yes, complete section 5.3
6.2 Proposed action IS NOT a controlled action.
The Proposed Action has been determined to be unlikely to result in a significant impact on relevant matters protected under the EPBC Act due to the range of factors outlined in this Referral, including the minimal impacts on intact native vegetation/habitat and the retention of significant heritage items with appropriate buffers from development.
This assessment has been made with reference to the Significant Impact Guidelines 1.1 for MNES and Significant Impact Guidelines 1.2 for actions on Commonwealth land and actions by Commonwealth agencies. The assessment considered the significance of potential impacts on both MNES protected under the EPBC Act and the environment more broadly due to the Proposed Action being undertaken on Commonwealth land by a Commonwealth agency.
MNES - Ecological matters
As discussed in Section 3 and Attachment D, the Proposed Action is highly unlikely to have a significant impact on the following MNES recorded or considered to potentially occur within the Referral Area:
• swift parrot (Lathamus discolor) – not recorded in the Referral Area, only minimal potential habitat impacted.
• regent honeyeater (Anthochaera phrygia) – not recorded in the Referral Area, only minimal potential habitat impacted.
• grey-headed flying-fox (Pteropus poliocephalus) – recorded foraging in the Referral Area, only minimal potential habitat impacted.
• Migratory species listed under international conventions – one species recorded flying over the Referral Area, only minimal potential habitat impacted.
Whole of the Environment of Commonwealth Land/ Action undertaken by a Commonwealth Agency
Landscapes and Soils
• The Proposed Action has been designed with consideration of the key natural landscape features of the Referral Area, including avoiding development on the coastal ridgetop, maintaining majority large portion of the Referral Area for recreation land, establishment of appropriate setback from the adjoining coastal dune area and preservation of the key environmental and heritage values of the site.
• The Proposed Action has set back all residential development to the landward side of the ‘unlikely’ 2100 erosion hazard line.
• The Proposed Action does not involve medium or large scale excavation of soils to enable implementation of the master plan, with building design controls proposed to limit the extent of excavation required for building footings.
Coastal Landscapes and Processes
• All residential development proposed as part of the master plan will be located landward of the 2100 ‘unlikely’ erosion hazard line. No works are proposed that would result in the extraction of large volumes of sand or destabilisation of sand dunes.
001 Referral of proposed action v October 2016 Page 40 of 49 Water Resources
• There are no rivers, creeks or drainage channels located within the Referral Area and the Proposed Action will not change existing drainage patterns.
• Modelling indicates that stormwater from the proposed residential development can be appropriately managed and treated without impacting on or reducing existing surface water or ground water systems.
Pollutants, Chemicals and Toxic Substances
• The Proposed Action does not involve the storage or handling of large amounts of hazardous substances and will not result in the substantial release of pollutants to the atmosphere or water. Construction will be managed in accordance with a Construction Environmental Management Plan.
• Assessments of potential contamination indicate the site is suitable for the proposed land uses.
• Acid sulphate soils have not been identified, nor are they expected to occur within the Referral Area.
Plants and Animals
• The Proposed Action may require the removal of up to approximately 1.2 ha of native vegetation, which represents approximately 4% of the total area of the site.
• The proposed rezoning has focused on the retention of as much intact vegetation as possible and therefore the impacts to local biodiversity are expected to be minimal.
People and Communities
• The proposed residential development is sympathetic to the existing character of the surrounding residential areas in its scale, diversity of dwellings and landscape character. The action will enhance public access to the coast and provide recreational opportunities for the local community through the provision of recreational facilities, walking and cycle paths and access to and interpretation of heritage items.
• The proposed residential development can be adequately serviced by the surrounding infrastructure and will not impact on demand or reduce availability of services.
Heritage
• The significant heritage within Fort Wallace will be retained and protected through the implementation of appropriate zoning and buffers to proposed residential development. Key views and sight lines will be maintained, including the seaward outlook from significant heritage items such as the gun emplacements.
• The establishment of a ‘heritage park’ with appropriate setbacks to residential development will encourage increased community appreciation of the heritage values of the area and facilitate ongoing understanding of the original setting of the heritage items and the relationship between them.
• The development of the site will ensure the future maintenance of significant heritage items which are currently in a deteriorating condition.
6.3 Proposed action IS a controlled action
N/A
001 Referral of proposed action v October 2016 Page 41 of 49 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 Yes environmental management?
Provide details DHA has fulfilled its requirements under previous controlled activities prescribed by the EPBC Act: • Former UTS Kur-Ring-Gai campus, NSW- Darwinia Bifora offset and ongoing management. • Muirhead Residential Development, NT Water Quality improvement.
And undertaken numerous environmentally sensitive projects- • HMAS Creswell Benson Road Redevelopment and Heritage upgrades • Gunners Cottages Freemantle, WA Heritage restoration. • Ermington NSW, Wilsonia Backhousei protection and recovery plan
7.2 Provide details of any proceedings under a Commonwealth, State or N/A Territory law for 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 Yes corporation’s environmental policy and planning framework and if and how the framework applies to the action. The referral of the developments at Stockton NSW is in keeping with the DHA Environmental Management Guidelines intent to ensure that all statutory environmental requirements are adhered to throughout DHA’s property development activities.
7.4 Has the party taking the action previously referred an action under the Yes EPBC Act, or been responsible for undertaking an action referred under the EPBC Act?
Provide name of proposal and EPBC reference number (if known) • Former UTS Ku-Ring-Gai - EPBC 2008/4083 • Muirhead Residential Development, NT – EPBC 2010/5525
001 Referral of proposed action v October 2016 Page 42 of 49 8 Information sources and attachments (For the information provided above) 8.1 References
ADW Johnson (2016) Stormwater Management Plan Fort Wallace Planning Proposal.
Australian Wetlands Database (2016) Hunter Estuary Wetlands. http://www.environment.gov.au/water/topics/wetlands/database/ Accessed September 2016.
Bell, S. and Driscoll, C (2010) Vegetation of the Worimi Conservation Lands Port Stephens, NSW: Worimi NP, Worimi SCA and Worimi RP, Eastcoast Flora Survey, report to the Department of Environment, Climate Change and Water Hunter Region, November 2010.
Department of Environment, Climate Change and Water (DECCW) (2009) Draft National Recovery Plan for the Grey- headed Flying-fox Pteropus poliocephalus. Prepared by Dr Peggy Eby. Department of Environment, Climate Change and Water NSW, Sydney.
Department of the Environment (DoE) (2013) Actions on, or impacting upon, Commonwealth land, and actions by Commonwealth agencies Significant Impact Guidelines 1.2.
Department of the Environment (DoE) (2013) Matters of National Environmental Significance, Significant Impact Guidelines 1.1.
Department of the Environment (DoE) (2015) Draft Referral Guideline for 14 Birds Listed as Migratory Species under the EPBC Act, September 2015.
Department of the Environment (DoE) (2016) National Recovery Plan for the Regent Honeyeater (Anthochaera phrygia), final April 2016.
Douglas Partners (2016) Report on Geotechnical Investigation Proposed Defence Housing Development Fort Wallace, Stockton
Kleinfelder (2015) Ecological Constraints Assessment – Fort Wallace, Stockton Peninsula, 30 October 2015.
Newcastle City Council (2015) Newcastle Local Planning Strategy
Office of Environment and Heritage (OEH) (2010) Aboriginal Cultural Heritage Consultation Requirements for Proponents.
Office of Environment and Heritage (OEH) (2016) BioNet Atlas of NSW Wildlife database and mapping tool, accessed in September 2016.
Office of Environment and Heritage (OEH) (2016) Threatened Species Profile Database (TSPD), accessed September 2016.
Office of Environment and Heritage (OEH) (2016) Vegetation Information System (VIS) accessed September 2016.
SMEC (2008) Ecological Constraints Report, Fort Wallace, Stockton, NSW, March 2008.
Suters Architects Snell (1994) Fort Wallace Conservation Management Plan
Umwelt (2016) Aboriginal Cultural Heritage and Archaeological Assessment.
Umwelt (2016) Fort Wallace Defence Housing Project Ecological Assessment Report.
Urbis (2016) Heritage Impact Statement Fort Wallace
001 Referral of proposed action v October 2016 Page 43 of 49 8.2 Reliability and date of information
The sources of all information contained within Section 3 have been referenced within Section 3 and all references are listed in Section 8.1 above. The dates of all information sources have been listed within Section 3. Any uncertainties in the information in Section 3 have been listed and discussed within Section 3. 8.3 Attachments
Attachment A: Fort Wallace, 338 Fullerton Street Stockton Planning Proposal Attachment B: Protected Matters Search Attachment C: MNES Assessment Attachment D: Assessments of Significance under the EPBC Act
attached Title of attachment(s) You must attach figures, maps or aerial photographs Figures 1- 4 showing the locality of the proposed action (section 1) GIS file delineating the boundary of the referral area (section 1) Figures 5-10 figures, maps or aerial photographs showing the location of the proposed action 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 NA approvals and consent conditions (section 2.5) Attachments A copies of any completed assessments to meet state or local government approvals and outcomes of public consultations, if available (section 2.6) Attachments A copies of any flora and fauna investigations and surveys (section 3) Attachments A, B, C, D technical reports relevant to the 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) Attachments A report(s) on any public consultations undertaken, including with Indigenous stakeholders (section 3)
001 Referral of proposed action v October 2016 Page 44 of 49 9 Contacts, signatures and declarations
Proposed action title:
9.1 Person proposing to take action
Name and Title: Gully Coote on behalf of Defence Housing Australia, Development Manager
Organisation: Defence Housing Australia
Trust deed: not applicable
ACN / ABN: 72968504934
Level 2/287 Elizabeth Street
Postal address: Sydney NSW 2001
Telephone: (02) 97625612
Email: [email protected]
COMPLETE THIS SECTION ONLY IF YOU QUALIFY FOR EXEMPTION FROM THE FEE(S) THAT WOULD OTHERWISE BE PAYABLE
I qualify for exemption □ an individual; OR from fees under section
520(4C)(e)(v) of the □ a small business entity – aggregated turnover is less than $2million for the EPBC Act because I am: previous income year (as prescribed within section 328-110 (other than
subsection 328-119 (4)) of the Income Tax Assessment Act 1997); OR
□ a small business entity – aggregated turnover for the current financial year is likely to be less than $2million (note that aggregated turnover for one of the previous two income years must also be less than $2million) (as prescribed within section 328-110 (other than subsection 328-119 (4)) of the Income Tax Assessment Act 1997) (Cth)).
not applicable.
If you are small business entity you must provide the Date/Income Year that you became a small business entity:
COMPLETE THIS SECTION ONLY IF YOU WOULD LIKE TO APPLY FOR A WAIVER
I would like to apply for a not applicable. waiver of full or partial
001 Referral of proposed action v October 2016 Page 45 of 52
9.3 Person preparing the referral information (if different from section 9.1)
Name: Gabrielle Allan Title: Principal Environmental Consultant
Organisation: Umwelt (Australia) Pty Limited ACN / ABN: 18 0595 19041 Postal address: 75 York Street Teralba NSW 2284 Telephone: 02 4950 5322 Email: [email protected] I declare that to the best of my knowledge the information I have given on, or attached to this form is complete, current and correct. Declaration: I understand that giving false or misleading information is a serious offence.
Signature: Date: 14/6/2017
001 Referral of proposed action v October 2016 Page 47 of 52