21 Biodiversity A Technical working paper: Biodiversity (Appendix S) has been prepared to assess the potential impacts of the project on biodiversity. This chapter provides a summary of the technical working paper, including: • Biodiversity features present within and surrounding the construction and operational footprints of the project • An assessment of the impacts of the project on biodiversity during construction and operation, including how impacts have been avoided and minimised • Environmental management measures to minimise and manage impacts to biodiversity as a result of the project • The biodiversity offsets for residual impacts which cannot be satisfactorily mitigated. During the preparation of this environment impact statement, the project has been referred to the Commonwealth Minister for the Environment (2015/7520) under the Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act) because of the potential for the project to impact on the following matters of national environmental significance: • A population of Green and Golden Bell Frogs (Litoria aurea), known to inhabit the Kogarah Golf Course at Arncliffe • An area of the Cooks River Castlereagh Ironbark Forest vegetation community in Beverly Grove. On 11 August 2015, the Commonwealth Minister for the Environment determined that the project has the potential to significantly impact on a matter of national environmental significance and is therefore a ‘controlled action’ in accordance with the EPBC Act. Approval of the project is required from the Commonwealth Minister for the Environment in addition to the planning approvals required under State legislation (refer to Chapter 2 for additional detail regarding the assessment process for the project). Under the Bilateral Agreement relating to environmental assessment (February 2015) between the Commonwealth Government and the NSW Government, this environmental impact statement has been adopted for the purpose of meeting the assessment requirements of both the Commonwealth EPBC Act and the NSW Environmental Planning and Assessment Act 1979 (EP&A Act). The requirements of the bilateral agreement have been considered and taken into account as part of this environmental impact statement. The Commonwealth Department of the Environment has issued assessment requirements with respect to matters of national environmental significance, which have been included as part of the amended Secretary Environmental Assessment Requirements (SEARs) for the project, issued by the NSW Department of Planning and Environment on 26 August 2015. The assessment requirements issued by the Commonwealth Department of the Environment also included guidelines for preparing Assessment Documentation relevant to the EPBC Act, which are provided in Appendix A. Table 21-1 sets out the SEARs as they relate to biodiversity and where in the environmental impact statement (EIS) these have been addressed. WestConnex New M5 21-1 Roads and Maritime Services Environmental Impact Statement Table 21-1 SEARs – biodiversity SEARs Where addressed An assessment of the potential ecological impacts of the proposal, with specific reference to vegetation and habitat clearing, connectivity, edge effects, weed dispersal, riparian and aquatic habitat impacts, soil and water quality impacts and operational impacts. The assessment must: • Make specific reference to impacts on The impacts of the project on biodiversity during landscape values, biodiversity values of construction and operation, including impacts on native vegetation and threatened species or landscape values, biodiversity values of native populations, including worst case estimates vegetation and threatened species or of vegetation clearing and operational populations, including worst case estimates of impacts vegetation clearance and operational impacts are described in Section 21.3.1 and Section 21.3.2 • Demonstrate a design philosophy of impact An assessment of the impacts of the project on avoidance on ecological values, and in biodiversity during construction and operation, particular, ecological values of high including how impacts have been avoided and significance, and be consistent with the minimised throughout the design process in ‘avoid, minimise or offset’ principle accordance with the hierarchy of ‘avoid, minimise or offset’ is described in Section 21.3.1 and Section 21.3.2. • Be undertaken in accordance with the The assessment of impacts of the project on Framework for Biodiversity Assessment biodiversity has been undertaken in accordance (OEH, 2014b) and the NSW Biodiversity with the Framework for Biodiversity Assessment Offsets Policy for Major Projects (OEH, and the NSW Biodiversity Offsets Policy for Major 2014c), and by a person accredited in Projects by a person accredited in accordance accordance with section 142B(1)(c) of the with section 142B(1)(c) of the Threatened Threatened Species Conservation Act, 1995. Species Conservation Act 1995 (TSC Act). A Impacts on species, populations and summary of how the biodiversity assessment ecological communities that will require report prepared for the project meets the further consideration and provision of minimum requirements of the FBA is provided in information specified in section 9.2 of the Appendix H of Appendix J. Framework for Biodiversity Assessment Species specific surveys have been undertaken include those identified by the OEH. Species as part of the biodiversity assessment for the specific surveys shall be undertaken for those project, as summarised in Section 21.1.4 and species and in accordance with the survey detailed in Chapter 7 of Appendix J. requirements specified by the OEH; and in The assessment of impacts of the project have relation to aquatic biodiversity be consistent been undertaken in accordance with the Policy with the draft Policy and Guidelines for Fish and guidelines for fish habitat conservation and Habitat Conservation and Management – management (update 2013) (Department of Update 2013 (DPI, 2013). Primary Industries (DPI), 2013). WestConnex New M5 21-2 Roads and Maritime Services Environmental Impact Statement SEARs Where addressed • The assessment of potential ecological The assessment of the impacts of the project on impacts is to comply with the requirements of biodiversity during construction and operation has the Guidelines for preparing Assessment been undertaken in accordance with the Documentation relevant to the Environment requirements of the Guidelines for preparing Protection and Biodiversity Conservation Act Assessment Documentation relevant to the 1999 (EPBC Act) — WestConnex New M5 EPBC Act — WestConnex New M5 Project Project (EPBC 2015/7520). The assessment (EPBC 2015/7520, available at is to contain detailed identification and http://www.environment.gov.au/cgi­ assessment of direct and indirect impacts on bin/epbc/epbc_ap.pl?name=current_referral_deta threatened species and ecological il&proposal_id=7520). A description of how the communities that will, are likely to, or may be biodiversity assessment has met the assessment significantly impacted by the proposal, requirements and guidelines provided is including but not limited to: described in Appendix I of Appendix S. − Cooks River/Castlereagh Ironbark Forest The biodiversity assessment has identified and of the Sydney Basin Bioregion assessed direct and indirect impacts of the − Green and Golden Bell Frog (Litoria project on threatened species and ecological aurea) communities that will, are likely to, or may be − Turpentine Ironbark Forest in the Sydney significantly impacted by the project, including Basin Bioregion those threatened species and communities − Bynoe’s Wattle (Acacia bynoeana) prescribed in the assessment requirements − Downy Wattle (Acacia pubescens) issued by the Commonwealth Department of the − Deane’s Paperbark (Melaleuca deanei) Environment. As assessment of the potential − Hairy Geebung (Persoonia hirsuta) impacts of the project on these threatened − Spiked Rice-flower (Pimelea spicata) species and ecological communities is provided − Magenta Lilly Pilly (Syzygium in Section 21.3. paniculatum) − Black-eyed Susan (Tetratheca juncea). 21.1 Assessment methodology The biodiversity assessment and the identification of appropriate biodiversity offsets (where required) for the project has been undertaken in accordance with the requirements of the NSW Biodiversity Offsets Policy for Major Projects (the biodiversity offsets policy) (OEH, 2014c) and the Framework for Biodiversity Assessment (FBA) (OEH, 2014b). The Bilateral Agreement relating to environmental assessment (February 2015) between the Commonwealth Government and the NSW Government, has endorsed the FBA as providing an appropriate basis for undertaking biodiversity assessment, including Commonwealth listed threatened species and ecological communities. The FBA applies predominantly to terrestrial biodiversity. Impacts of the project on aquatic environments and aquatic biodiversity has been undertaken in accordance with the Policy and guidelines for fish habitat conservation and management (update 2013)(DPI, 2013) as prescribed by the SEARs (refer to Table 21-2) and the biodiversity offsets policy. Additional detail regarding the approach to the biodiversity assessment is provided in Section 21.1.1. WestConnex New M5 21-3 Roads and Maritime Services Environmental Impact Statement The biodiversity assessment included: • Identification of a biodiversity study area to adequately identify and assess potential impacts of the project on biodiversity