PART LOT 9010 AND LOT 9031 BEACH ROAD YANCHEP

EPBC REFERRAL

Prepared for: Housing Authority Report Date: 01 March 2016 Version: 3 Report No. 2015-245

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

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

When do I need to make a referral? A referral must be made for actions that are likely to have a significant impact on the following matters protected by Part 3 of the EPBC Act:  World Heritage properties (sections 12 and 15A)  National Heritage places (sections 15B and 15C)  Wetlands of international importance (sections 16 and 17B)  Listed threatened species and communities (sections 18 and 18A)  Listed migratory species (sections 20 and 20A)  Protection of the environment from nuclear actions (sections 21 and 22A)  Commonwealth marine environment (sections 23 and 24A)  Great Barrier Reef Marine Park (sections 24B and 24C)  A water resource, in relation to coal seam gas development and large coal mining development (sections 24D and 24E)  The environment, if the action involves Commonwealth land (sections 26 and 27A), including: o actions that are likely to have a significant impact on the environment of Commonwealth land (even if taken outside Commonwealth land); o actions taken on Commonwealth land that may have a significant impact on the environment generally;  The environment, if the action is taken by the Commonwealth (section 28)  Commonwealth Heritage places outside the Australian jurisdiction (sections 27B and 27C) You may still make a referral if you believe your action is not going to have a significant impact, or if you are unsure. This will provide a greater level of certainty that Commonwealth assessment requirements have been met. To help you decide whether or not your proposed action requires approval (and therefore, if you should make a referral), the following guidance is available from the Department’s website:  the Policy Statement titled Significant Impact Guidelines 1.1 – Matters of National Environmental Significance. Additional sectoral guidelines are also available.

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 the Policy Statement titled Significant Impact Guidelines 1.2 - Actions on, or impacting upon, Commonwealth land, and actions by Commonwealth agencies.  the Policy Statement titled Significant Impact Guidelines: Coal seam gas and large coal mining developments—Impacts on water resources.  the interactive map tool (enter a location to obtain a report on what matters of NES may occur in that location). Can I refer part of a larger action? In certain circumstances, the Minister may not accept a referral for an action that is a component of a larger action and may request the person proposing to take the action to refer the larger action for consideration under the EPBC Act (Section 74A, EPBC Act). If you wish to make a referral for a staged or component referral, read ‘Fact Sheet 6 Staged Developments/Split Referrals’ and contact the Referrals Gateway (1800 803 772). Do I need a permit? Some activities may also require a permit under other sections of the EPBC Act or another law of the Commonwealth. Information is available on the Department’s web site. Is your action in the Great Barrier Reef Marine Park? If your action is in the Great Barrier Reef Marine Park it may require permission under the Great Barrier Reef Marine Park Act 1975 (GBRMP Act). If a permission is required, referral of the action under the EPBC Act is deemed to be an application under the GBRMP Act (see section 37AB, GBRMP Act). This referral will be forwarded to the Great Barrier Reef Marine Park Authority (the Authority) for the Authority to commence its permit processes as required under the Great Barrier Reef Marine Park Regulations 1983. If a permission is not required under the GBRMP Act, no approval under the EPBC Act is required (see section 43, EPBC Act). The Authority can provide advice on relevant permission requirements applying to activities in the Marine Park. The Authority is responsible for assessing applications for permissions under the GBRMP Act, GBRMP Regulations and Zoning Plan. Where assessment and approval is also required under the EPBC Act, a single integrated assessment for the purposes of both Acts will apply in most cases. Further information on environmental approval requirements applying to actions in the Great Barrier Reef Marine Park is available from http://www.gbrmpa.gov.au/ or by contacting GBRMPA's Environmental Assessment and Management Section on (07) 4750 0700. The Authority may require a permit application assessment fee to be paid in relation to the assessment of applications for permissions required under the GBRMP Act, even if the permission is made as a referral under the EPBC Act. Further information on this is available from the Authority: Great Barrier Reef Marine Park Authority 2-68 Flinders Street PO Box 1379 Townsville QLD 4810 AUSTRALIA Phone: + 61 7 4750 0700 Fax: + 61 7 4772 6093 www.gbrmpa.gov.au

What information do I need to provide? Completing all parts of this form will ensure that you submit the required information and will also assist the Department to process your referral efficiently. If a section of the referral document is not applicable to your proposal enter N/A. You can complete your referral by entering your information into this Word file. Instructions Instructions are provided in blue text throughout the form. Attachments/supporting information The referral form should contain sufficient information to provide an adequate basis for a decision on the likely impacts of the proposed action. You should also provide supporting documentation, such as environmental reports or surveys, as attachments.

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Coloured maps, figures or photographs to help explain the project and its location should also be submitted with your referral. Aerial photographs, in particular, can provide a useful perspective and context. Figures should be good quality as they may be scanned and viewed electronically as black and white documents. Maps should be of a scale that clearly shows the location of the proposed action and any environmental aspects of interest. Please ensure any attachments are below three megabytes (3mb) as they will be published on the Department’s website for public comment. To minimise file size, enclose maps and figures as separate files if necessary. If unsure, contact the Referrals Gateway (email address below) for advice. Attachments larger than three megabytes (3mb) may delay processing of your referral. Note: the Minister may decide not to publish information that the Minister is satisfied is commercial-in-confidence. How do I pay for my referral? From 1 October 2014 the Australian Government commenced cost recovery arrangements for environmental assessments and some strategic assessments under the EPBC Act. If an action is referred on or after 1 October 2014, then cost recovery will apply to both the referral and any assessment activities undertaken. Further information regarding cost recovery can be found on the Department’s website.

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

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

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

The Referrals Gateway Environment Assessment Branch Department of the Environment GPO Box 787 Canberra ACT 2601

 Credit Card

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

Note: in order to receive a reference number, submit your referral and the Referrals Gateway will email you the reference number.

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

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

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Email to: [email protected]  Clearly mark the email as a ‘Referral under the EPBC Act’.  Attach the referral as a Microsoft Word file and, if possible, a PDF file.  Follow up with a mailed hardcopy including copies of any attachments or supporting reports.

What happens next? Following receipt of a valid referral (containing all required information) you will be advised of the next steps in the process, and the referral and attachments will be published on the Department’s web site for public comment. The Department will write to you within 20 business days to advise you of the outcome of your referral and whether or not formal assessment and approval under the EPBC Act is required. There are a number of possible decisions regarding your referral: The proposed action is NOT LIKELY to have a significant impact and does NOT NEED approval No further consideration is required under the environmental assessment provisions of the EPBC Act and the action can proceed (subject to any other Commonwealth, state or local government requirements). The proposed action is NOT LIKELY to have a significant impact IF undertaken in a particular manner The action can proceed if undertaken in a particular manner (subject to any other Commonwealth, state or local government requirements). The particular manner in which you must carry out the action will be identified as part of the final decision. You must report your compliance with the particular manner to the Department. The proposed action is LIKELY to have a significant impact and does NEED approval If the action is likely to have a significant impact a decision will be made that it is a controlled action. The particular matters upon which the action may have a significant impact (such as World Heritage values or threatened species) are known as the controlling provisions. The controlled action is subject to a public assessment process before a final decision can be made about whether to approve it. The assessment approach will usually be decided at the same time as the controlled action decision. (Further information about the levels of assessment and basis for deciding the approach are available on the Department’s web site.) The proposed action would have UNACCEPTABLE impacts and CANNOT proceed The Minister may decide, on the basis of the information in the referral, that a referred action would have clearly unacceptable impacts on a protected matter and cannot proceed. Compliance audits If a decision is made to approve a project, the Department may audit it at any time to ensure that it is completed in accordance with the approval decision or the information provided in the referral. If the project changes, such that the likelihood of significant impacts could vary, you should write to the Department to advise of the changes. If your project is in the Great Barrier Reef Marine Park and a decision is made to approve it, the Authority may also audit it. (See “Is your action in the Great Barrier Reef Marine Park,” p.2, for more details).

For more information  call the Department of the Environment Community Information Unit on 1800 803 772 or  visit the web site http://www.environment.gov.au/topics/about-us/legislation/environment-protection-and- biodiversity-conservation-act-1999 All the information you need to make a referral, including documents referenced in this form, can be accessed from the above web site.

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Referral of proposed action

Project title: Part Lot 9010 and Lot 9031, Yanchep Beach Road, Yanchep

1 Summary of proposed action

1.1 Short description

Part Lot 9010 and Lot 9031, Yanchep Beach Road, Yanchep (the Referral area) are being developed for residential purposes in accordance with its zoning and approved Local Structure Plan.

The Referral area has largely been cleared of native vegetation for past agricultural purposes. The remnant vegetation contained 2.64ha of low quality Black Cockatoo foraging habitat. Development of the Referral area will result in clearing of 0.67ha of Black Cockatoo foraging habitat. The remaining 1.97ha of Black Cockatoo foraging habitat will be retained in Public Open Space. 1.2 Latitude and longitude Please refer to Attachment 1 for Referral Area Coordinates

1.3 Locality and property description

The Referral area is located in the (CoW) and is approximately 50km north of the Central Business District (Figure 1).

The Referral area is located east of the existing Yanchep townsite and is approximately 2km inland from the coast. The Referral area is bounded by Yanchep Beach Road to the north, residential development to the west, undeveloped urban land to the east and Bush Forever Site 289 (Ningana Bushland Yanchep/Eglinton) to the south (Figure 2). 1.4 Size of the development The Referral area is 27.1418ha, of which 1.97ha of Carnaby’s Black footprint or work area Cockatoo foraging habitat will be retained in Public Open Space. (hectares) 1.5 Street address of the site Lots 9010 and 9031 Yanchep Beach Road, Yanchep, 1.6 Lot description As above 1.7 Local Government Area and Council contact (if known) The Referral area is in the City of Wanneroo and the City’s contact is Mark Dickson.

1.8 Time frame The action will be taken in 2016/17

1.9 Alternatives to proposed X No action

Yes, you must also complete section 2.2

1.10 X No

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Alternative time frames etc 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 3.3 (where relevant). 1.11 State assessment No

X Yes, you must also complete Section 2.5

1.12 Component of larger action No

X Yes, you must also complete Section 2.7 1.13 Related actions/proposals No

X Yes, provide details: 1.14 Australian Government X No funding Yes, a number of proposals in the North West Corridor have been assessed and approved under the EPBC Act:  EPBC Referral 2011/6021 South Yanchep/North Eglinton  EPBC Referral 2010/5777 Eglinton Estates  EPBC Referral 2011/5902 Alkimos  EPBC Referral 2010/4638 Shorehaven 1.15 Great Barrier Reef Marine X No Park Yes, you must also complete Section 3.1 (h), 3.2 (e)

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2 Detailed description of proposed action 2.1 Description of proposed action

The proposed action is the clearing of 0.67ha of Carnaby’s Black Cockatoo foraging habitat to enable the implementation of the Subdivision Plans for Lot 9031 and Part Lot 9010 (Figure 2). A LSP has been prepared and approved in accordance with the Yanchep Two-Rocks District Structure Plan (DSP) to guide the subdivision and development in accordance with its “Urban” zoning under the Metropolitan Region Scheme and “Urban Development” in the City of Wanneroo District Planning Scheme No.2 (Attachment 3).

The Referral area will be developed into 501 lots and includes a Local Centre for retail uses. The subdivision plans retain 1.97ha of Black Cockatoo habitat Public Open Space (Figure 2).

2.2 Alternatives to taking the proposed action

The land is zoned Urban in the Perth Metropolitan Region Scheme and has been endorsed for residential development and POS in the Local Structure Plan and subdivision plan.

2.3 Alternative locations, time frames or activities that form part of the referred action

The Yanchep area is rapidly being developed. Demand in the area for affordable lots and the efficient use of infrastructure installed for other developments warrants development of the Referral Area in the near future.

2.4 Context, planning framework and state/local government requirements

In February 2000, the City of Wanneroo prepared the Town Planning Scheme No. 1 Amendment 787 to reflect planning within the Metropolitan Region Scheme. Under provision 48A of the Environmental Protection Act 1986, Ministerial Statement No. 538 was issued in review of Amendment No. 787 (Attachment 2).

The Yanchep- District Structure Plan (DSP) was prepared and reflected the environmental conditions provided in Ministerial Statement N0. 538.

A Local Structure Plan (LSP) was prepared for Lot 103 Yanchep Beach Road, Yanchep which is part of the Yanchep-Two Rocks DSP area. The Western Australian Planning Commission (WAPC) and the City Of Wanneroo adopted the LSP (now known as Lot 1 and 2 Yanchep Beach Road LSP) on 13 July 2010 and 6 April 2010 respectively (Attachment 2).

Lots 9010 and 9031 are within the Lot 1 and 2 Yanchep Beach Road LSP area. The Lot 9010 Subdivision Plan has been approved by the WAPC Approval 147243. The Lot 9031 Subdivision Plan will be submitted to the WAPC and the CoW in early 2016.

2.5 Environmental impact assessments under Commonwealth, state or territory legislation

A number of environmental assessments have been undertaken relating to the Referral area:

 An Environmental Review was conducted by Alan Tingay and Associates in 1999 as part of the City of Wanneroo TPS No. 1 Amendment 787 process. The Environmental Review addressed the potential impacts of the rezoning on a number of issues and identified appropriate management measures to be implemented at various stages of the planning process. The TPS Amendment 787 was formally assessed by the Environmental Protection Authority (EPA) under Section 48A of the Environmental Protection Act 1986. The EPA recommended that the rezoning be gazetted subject to a number of environmental conditions (Attachment 2). Ministerial Approval of Amendment 787 was granted on 15 February 2000.

 St Andrews (now Yanchep-Two Rocks) District Structure Plan – Environmental Assessment (ATA Environmental, 2007b).

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 Lot 103 LSP (now known as Lot 1 and 2 Yanchep Beach Road LSP) – Environmental Assessment (Coffey Environments, 2009) (Appendix 4).

2.6 Public consultation (including with Indigenous stakeholders)

The Environmental Review (Alan Tingay and Associates, 1999), the DSP Environmental Assessment (ATA Environmental, 2007) and the LSP Environmental Assessment (Coffey Environments, 2009) have all been publicly advertised.

2.7 A staged development or component of a larger project Development of the Referral area is part of the staged program for the overall Lot 103 LSP area.

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3 Description of environment & likely impacts

3.1 Matters of national environmental significance 3.1 (a) World Heritage Properties There are no World Heritage Properties located on or near the Referral area.

Description Not Applicable Nature and extent of likely impact Not Applicable 3.1 (b) National Heritage Places There are no National Heritage Places located on or near the Referral area.

Description Not Applicable Nature and extent of likely impact Not Applicable

3.1 (c) Wetlands of International Importance (declared Ramsar wetlands) There are no Wetlands of International Importance located near the Referral area.

Description Not Applicable Nature and extent of likely impact Not Applicable

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3.1 (d) Listed threatened species and ecological communities

Description Threatened Species Twelve (12) Listed Threatened Species were identified from the search using the Department of Sustainability, Environment, Water, Population and Communities (DSEWPC) online EPBC Act Protected Matters search tool (Attachment 5). Table 1 lists the threatened species that were identified in the Protected Matters Search Tool report that may have likelihood to be present on the site. The marine species are not included as the Referral area is land based. Five terms for the likelihood of occurrence of the species are defined as follows:  Known - The species was or has been observed on the site  Likely - Medium to high probability that a species uses the site  Potential - Suitable habitat for a species occurs on the site, but there is insufficient information to categorise the species as likely to occur, or unlikely to occur  Unlikely -- A very low to low probability that a species uses the site  No - Habitat on site and in the vicinity is unsuitable for the species. Table 1: Threatened Species Identified as Potentially Present in the Referral area Species Name Common EPBC Likelihood Reason Species is not Considered to Occur in Name Status Occurrence the Referral area Birds Calyptorhynchus Carnaby’s E Known Likely to utilise the site for foraging. latirostris Black Cockatoo Leipoa ocellata Malleefowl V No Malleefowl are largely confined to arid and semi-arid woodland that is dominated by mallee eucalypts (DEC, 2012a) which are not present on the Referral area. Rostratula Australian E No The Australian Painted Snipe is a wetland australis Painted Snipe wading species and is found in wetlands with open water. The Referral area does not contain any a wetlands therefore this species is not expected to occur in the Referral area. Sternula nereis Australian V No The Australian Fairy tern is associated with the nereis Fairy Tern coast and estuarine systems. The Referral area is not located adjacent to the coast therefore this species is not expected to occur in the Referral area. Mammals Dasyurus Chuditch, V No The Chuditch occurs in the Jarrah forests and geoffroii Western Quoll woodlands, and mallee heath and shrublands of the south-west and south coast of WA. Records of the species on the Swan Coastal Plain are limited to Walyunga National Park, Goosberry Hill and Upper Swan. This species was not recorded in the Referral area and is not expected to occur due to the degraded habitat (ATA Environmental, 2005). Plants

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Caladenia King Spider- E No This species grows in well-drained, deep sandy huegelii orchid soils in low mixed woodlands of Coast Banksia (Banksia attenuata), Firewood Banksia (B. menziesii), Holly-leaved Banksia (Banksia ilicifolia), Western Sheoak (Allocasuarina fraseriana) and Jarrah (Eucalyptus marginata). It tends to favour areas of lush undergrowth (Brown et al. 1998; Hopper & Brown 2001b; Hopper et al. 1990; Kelly et al. 1993). This species was not recorded in the Referral area (ATA, 2007). Darwinia foetida Muchea Bell CE No This species has been recorded at three locations near the town of Muchea, approximately 70 km north of Perth. The species also has very specific habitat requirements, depending on swampy, seasonally wet habitat (Evans, et al., 2003). This referral area does not contain suitable habitat for the species and it was not recorded in the Referral area (ATA, 2007). Diuris micrantha Dwarf Bee V No Dwarf Bee-orchid is known from seven Orchid populations, from east of Kwinana and south towards the Frankland area, Western Australia. It is found in small populations, on dark, grey to blackish, sandy clay-loam substrates in winter wet depressions or swamps (Jones 1991; Carstairs & Coates 1994; Brown et al. 1998) This species was not recorded in the Referral area (ATA, 2007). Drakaea elastica Glossy-leafed E No This species grows on bare patches of white Hammer sand over a dark sandy loam on low-lying Orchid damp areas near ephemeral lakes, or on the slopes adjacent to winter wet depressions, swamps and water courses. This species was not recorded in the Referral area (ATA, 2007). Diuris micrantha Dwarf Bee- V No Dwarf Bee-orchid is known from seven orchid populations, from east of Kwinana and south towards the Frankland area, Western Australia. It is found in small populations, on dark, grey to blackish, sandy clay-loam substrates in winter wet depressions or swamps (Jones 1991; Carstairs & Coates 1994; Brown et al. 1998). This species was not recorded in the Referral area (ATA, 2007). Eucalyptus Yanchep V No Yanchep Mallee is known from populations on argutifolia Mallee Wabling Hill, Parrot Ridge and also south of Seabird on near coastal limestone (Graylor & Brooker, 1992). This species was not recorded in the Referral area (ATA, 2007).

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Lepidosperma Beaked E No Beaked Lepidosperma is associated with Marsh rostratum Lepidosperma Banksia (Banksia telmatiaea) and Hairy Clawflower (Calothamnus hirsutus), and grows in sandy soil among low heath in a winter wet swamp (Brown et al., 1998). This species was not recorded in the Referral area (ATA, 2007).

Threatened Ecological Communities There were two Threatened Ecological Communities (TEC) identified in the Threatened Matters Search Tool as potentially occurring in the Referral Area (Table 2). ATA (2007) did not record any Threatened Ecological Communities in the Referral area.

Table 2: Threatened Ecological Communities Identified as Potentially Present in the Referral Area Name Status Likelihood of Reason Species is not Considered to Occurrence Occur in the Referral area Aquatic Root Map Community in Caves of E No This TEC occurs in caves and the the Swan Coastal Plain Referral area does not have karstic formations (ATA, 2007). Sedgelands in Holocene dune swales of the E No This TEC is associated with surface southern Swan Coastal Plain expressions of groundwater. The Referral Area does not contain any wetlands and this TEC was not recorded during the Survey (ATA, 2007)

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Nature and extent of likely impact Carnaby’s Black Cockatoo The Referral Area contains three vegetation types (2.64ha) that were described by Coffey Environments (2009) as being foraging habitat for Black Cockatoos. These were:  Banksia attenuata Low Open Forest;  Dryandra sessilis Heath to Closed Heath; and  Dryandra sessilis (now Banksia sessilis) and Calothamnus quadrifidus Heath to Closed Heath (Figure 3).

Carnaby’s Black Cockatoos are known to breed in hollows of large eucalypts. There were no hollows observed on the site suitable for Carnaby’s Black Cockatoos (Coffey Environments, 2009) and no known breeding sites as mapped by the DoP (2011). The nearest recorded breeding site is in Yanchep National Park, approximately 2.6km to the east (Figure 4).

Regional Context for Carnaby’s Black Cockatoo foraging habitat

Areas of Carnaby’s Black Cockatoo feeding habitat (approximately 15,000ha) in secure conservation areas in the City of Wanneroo region include (Figure 4):  Yanchep National Park (Bush Forever Site No. 288 - 2 697ha);  Ningana Bushland (Bush Forever Site289 – 551.5ha);  Neerabup National Park (Bush Forever Sit No. 1 519ha);  Links between Neerabup National Park and Yanchep National Park (Bush Forever Site No. 130 - 78.39ha);  South West Link from Wilbinga to Yanchep national Park (Bush Forever Site No. 284 – 550.6ha);  East Link from Wilbinga to Yanchep National Park (Bush Forever Site No. 396 – 480.5ha); and  Wilbinga Conservation Park (Bush Forever Site No. 406 – 9 158.3ha).

Assessment of impact on Carnaby’s Black Cockatoo

An impact assessment of the proposed action on Carnaby’s Black Cockatoo is provided below in reference to the Significant Impact Guidelines 1.1 – Matters of National Environmental Significance.

Table 3: Application of the Matters of National Environmental Significance Significant Impact Guidelines 1.1 to the Carnaby’s Black-Cockatoo Impact Criteria Significant Impact Justification Likely (Y/N) Will the action lead to a N The proposed action will result in the removal of 0.67ha long-term decrease in the of Carnaby’s Black Cockatoo low quality foraging habitat size of a population? (Figure 3). Carnaby’s Black Cockatoo is known to frequent the Yanchep area. The proposed clearing will not lead to a long-term decrease in the size of Carnaby’s Black Cockatoo population due to: • The residual presence of large areas of vegetation within the locality and region of the Referral area (Figure 3); • The nature of Carnaby’s Black Cockatoo populations, which are highly mobile with extensive ranges; • There are no known or potential breeding areas within the Referral area; and; • Approximately 1.97ha of foraging habitat will be retained within the Referral area

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Will the action reduce the N The proposed action will not significantly reduce the area of occupancy of the area of occupancy of Carnaby’s Black Cockatoo. species? The Referral area is in close proximity to several Bush Forever sites that contain a large amount of Carnaby’s Black Cockatoo foraging habitat (approximately 15,000ha) including the following:  Yanchep National Park  Ningana Bushland;  Neerabup National Park;  Links between Neerabup National Park and Yanchep National Park:  South West Link from Wilbinga to Yanchep National Park;  East Link from Wilbinga to Yanchep National Park; and  Wilbinga Conservation Park. In addition, 1.97ha of foraging habitat will be retained on the site as well as in other smaller local bushland reserves in the Yanchep area. The geographic area occupied by Carnaby’s Black Cockatoo is highly unlikely to be reduced due to the small amount of clearing of foraging habitat on the site. Therefore, the proposed development on the site would not result in this outcome. Will the action fragment an N The proposed action involves clearing 0.67ha of existing population into Carnaby’s Black Cockatoo habitat in an urban area two or more populations? bounded by roads and residential developments. Carnaby’s Black Cockatoo is a highly mobile species and the small size of the proposed clearing will not create a barrier to movement across the region.

Will the action adversely N Carnaby’s Black Cockatoos do not breed on the site. The affect habitat critical to the foraging habitat on the site is not considered to be survival of a species? critical to the survival of the species. Therefore, the proposed development on the site would not result in this outcome. Will the action disrupt the N The proposed action is highly unlikely to disrupt the breeding cycle of a breeding cycle of a population of Carnaby’s Black population? Cockatoos due to the small size of the proposed clearing and the proximity of areas containing high quality alternate foraging vegetation. The Referral area does not contain any trees suitable for breeding or roosting habitat.

Will the action result in N The proposed action will not result in the establishment invasive species that are of invasive species that are harmful to the Carnaby’s harmful to a critically Black Cockatoo or its habitat. endangered or endangered species becoming established in the endangered or critically endangered species’ habitat?

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Will the action introduce N The proposed action will not involve any actions that disease that may cause the may cause the introduction of new diseases to species to decline? Carnaby’s Black Cockatoos. Will the action modify, N The proposed action will not modify, destroy, remove, destroy, remove, isolate or isolate or decrease the availability or quality of habitat decrease the availability or to the extent that the species is likely to decline. quality of habitat to the The loss of habitat as a result of the proposed action extent that the species is represents only a very small portion of the potential likely to decline? habitat available in the vicinity of the proposed clearing. Will the action interfere N The population that would use the site is very small in with the recovery of the comparison to the geographic distribution of the species? species. Therefore any clearing of habitat on the site would not interfere with the recovery of the species.

3.1 (e) Listed migratory species

Description

Nine (9) Migratory Species were identified from the search using the Department of Sustainability, Environment, Water, Population and Communities (DSEWPC) online EPBC Act Protected Matters search tool (Attachment 4). Four (4) of these species were terrestrial species which were considered to potentially occur at the Referral area (Table 4). The remainder were marine or wetland species which are not considered relevant to the Referral area, as it is completely land based and does not contain wetlands.

Table 4: Migratory Species Identified as Potentially Present in the Western LSP area Migratory Species Common Name EPBC Status Likelihood of Comment Occurrence Apus pacificus Fork-tailed Swift T Possible This species may occasionally visit the Referral area. Haliaeetus White-bellied Sea T Possible This species is leucogaster Eagle generally associated with the marine and coastal areas. It may pass over the Referral area. Leipoa ocellata Malleefowl V No There is no suitable habitat in the Referral area for this species. Merops ornatus Rainbow Bee-eater T Possible This species may occasionally visit the Referral area.

Nature and extent of likely impact It is not expected that the proposed clearing will represent a significant loss of habitat for any of the migratory species listed in Table 4 because of their ability to forage over a wide range of habitats and the infrequency of visits to the Referral area.

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3.1 (f) Commonwealth marine area

(If the action is in the Commonwealth marine area, complete 3.2(c) instead. This section is for actions taken outside the Commonwealth marine area that may have impacts on that area.) Description There are no Commonwealth marine areas within the vicinity of the Referral area Nature and extent of likely impact Not Applicable

3.1 (g) Commonwealth land (If the action is on Commonwealth land, complete 3.2(d) instead. This section is for actions taken outside Commonwealth land that may have impacts on that land.) Description The referral area is not on Commonwealth land. Nature and extent of likely impact Not Applicable 3.1 (h) The Great Barrier Reef Marine Park

Description The Referral area is not in the Great Barrier Reef

Nature and extent of likely impact No Applicable

3.1 (i) A water resource, in relation to coal seam gas development and large coal mining development

Description Not Applicable Nature and extent of likely impact Not Applicable 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 action? X No Yes (provide details below) If yes, nature & extent of likely impact on the whole environment

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

3.2 (c) Is the proposed action to be taken in a X No Commonwealth marine area? Yes (provide details below)

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If yes, nature & extent of likely impact on the whole environment (in addition to 3.1(f))

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

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

3.3 Other important features of the environment 3.3 (a) Flora and fauna Most of the Referral area has been cleared of native vegetation due to previous land uses. A flora list specific to the Referral area is not available as the lot has been part of three surveys over larger areas. A flora survey of the Yanchep to Two Rocks area including the Referral area was conducted during September to November 1991 (Alan Tingay and Associates, 1991). The flora list was compiled from observations and collections that were made along a series of traverses by vehicle and on foot and by sampling 10m x 10m quadrats. The traverses encompassed the entire DSP area however; the southern area was severely burnt in January 1991 and was therefore not surveyed in as much detail as other areas. A follow-up survey of the south-eastern portion of the Yanchep-Two Rocks DSP areas which includes the Referral area was conducted in 2001 (ATA Environmental, 2001) and again in 2005 (ATA Environmental, 2007a). The 2001 assessment of the south eastern portion of the DSP area recorded a total of 111 species of flora, including 86 native and 25 introduced (weed) species. The 2005 survey recorded 148 species including 114 native and 34 introduced. None of the species recorded were listed Threatened species. The Referral area was included in two fauna surveys that were undertaken over a wider area (Alan Tingay and Associates, 1991 and ATA Environmental, 2005). A fauna list specific to the Referral area is not available as the surveys were over a much wider area. As the Referral area has previously been cleared and only small isolated pockets of native vegetation remain it is unlikely that vertebrate fauna will occur on the site. Avian fauna may use the isolated pockets of vegetation however the residential to the west and north may have resulted in disturbance and likely to have introduced additional predators such as cats. 3.3 (b) Hydrology, including water flows No surface water drainage lines or wetlands are present within the Referral area. 3.3 (c) Soil and Vegetation characteristics The Spearwood Dune System is the geomorphic expression of the Tamala Limestone geological unit and covers the majority of the study area (Figure 4). The main soil type (S7) consists of quartz sand derived from the Tamala limestone, which is compatible with the construction of roads and urbanisation and is moderately permeable (Gozzard, 1982). Originally the material comprising the dunes was calcareous throughout, but leaching has removed carbonate from upper horizons to be precipitated below, forming a hard calcretised cap (Alan Tingay & Associates and Dr Adrian Peck, 1991). Material remaining in upper horizons is mainly brown to yellow sand and this covers much of the limestone within the study area, to depths often greater than 1m.

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The Referral area was included in vegetation and flora surveys over a wider area (Alan Tingay and Associates, 1991; ATA Environmental, 2007a; ATA Environmental, 2001). The vegetation types mapped within the Referral area are listed in Table 5. Three of these vegetation types are known Carnaby’s Black Cockatoo foraging habitat. PGV Environmental appraised the remnant vegetation on Lot 9031 in 2015 and observed that an area previously mapped by ATA Environmental (2001)as Dryandra sessilis (now Banksia sessilis) and Calothamnus quadrifidus Heath to Closed Heath and Banksia attenuata Low Open Forest was no longer representative of these vegetation types. This area is now completely degraded with scattered Acacia rostellifera Shrubs. Table 5: Vegetation Associations Mapped in the Referral Area Vegetation Description Location CBC Habitat Type Ar Acacia rostellifera Closed Heath 9031 No DsCq Dryandra sessilis (now Banksia 9031 Yes sessilis) and Calothamnus quadrifidus Heath to Closed Heath Ba Banksia attenuata Low Open Forest 9031 Yes AsXp Acacia saligna and Xanthorrhoea 9010 No preissii Tall Shrubland Ms Melaleuca systena Closed Heath 9010 No Ds Dryandra sessilis Heath to Closed 9010 Yes Heath Mh Melaleuca huegelii Open Heath to 9010 No Heath The condition of the vegetation within the Referral area is mostly Completely Degraded with some small area of vegetation in degraded condition (Figure 6). No Threatened Ecological Communities (TECs) have been recorded within the Referral area. 3.3 (d) Outstanding natural features

No features of significance occur in the Referral Area.

3.3 (e) Remnant native vegetation

As per description in 3.3(b).

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

The topography of Lot 9031 is undulating and varies in height between approximately 19m AHD (Australian Height Datum) and 34m AHD (Figure 3).

3.3 (g) Current state of the environment

The Referral Area has been cleared for agricultural use and is completely degraded. One small section of native vegetation which is partially retained is degraded.

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

No heritage values

3.3 (i) Indigenous heritage values

No indigenous heritage values

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3.3 (j) Other important or unique values of the environment

The Referral area is adjacent to a Bush Forever site to the south.

3.3 (k) Tenure of the action area (eg freehold, leasehold)

Freehold, currently owned by the Housing Authority.

3.3 (l) Existing land/marine uses of area

The Referral area is not used for any purpose

3.3 (m) Any proposed land/marine uses of area

Proposed residential development

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4 Environmental outcomes

The proposed action will result in the loss of 0.67ha of Black Cockatoo foraging habitat. The subdivision plans have sought to minimise the extent of native vegetation removal and have retained 1.97ha of Black Cockatoo foraging habitat in Public Open Space.

Based on results of assessments of significant impact criteria in accordance with the EPBC Act and the EPBC Act Black Cockatoo Guidelines, it is considered that the proposed action will not have a significant impact on the identified MNES because clearing of 0.67ha of low quality foraging habitat on the referral area is not considered significant in the context of the 15,000ha of protected remnant bushland that is present in the City of Wanneroo. The only potential environmental impact in relation to MNES is expected to be a minor loss of Carnaby’s Black Cockatoo foraging habitat through clearing of vegetation.

In order to mitigate the impact on Carnaby’s Black Cockatoo foraging habitat from the proposed action, it is proposed that:

 Landscaped areas are to consist of shade tree structures and garden beds that includes a mix of foraging habitat species e.g. Eucalyptus and Banksia where possible.  The condition of retained vegetation areas is maintained or improved by implementing pest animal, weed and fire management practices.  Baseline data on the current condition of these areas is contained in the Coffey (2009). Monitoring following completion of construction is suggested.

5 Measures to avoid or reduce impacts Planning (pre-construction phase) measures  The key measure to avoid or reduce the potential impacts to the Carnaby’s Black Cockatoo and their habitats within the referral area includes retaining the banksia woodland at the southern portion of the site, totalling 1.97ha as indicated in Figure 2. Construction phase measures  Prior to commencement of any onsite activity, an Environmental Management Plan (EMP) would be prepared that captures all mitigation and avoidance measures which will be applicable to construction activities. Such an EMP will address all avoidance measures that were confirmed during the design process, as well as mitigation measures that are to be implemented during construction.  Demarcate native vegetation and Carnaby’s Black Cockatoo habitat to be retained by the erection of temporary fencing or other means of demarcation or exclusion.  Induct all staff and construction working in the referral area regarding the Carnaby’s Black Cockatoo constraints (e.g. areas that can be cleared and areas that are to be retained) and the required actions regarding these values.  Implement pest animal, weed and fire management practices.  Landscaped areas are to consist of shade tree structures and garden beds that includes a mix of foraging habitat species e.g. Eucalyptus and Banksia where possible. Operation phase measures  Implement pest animal, weed and fire management practices in areas of retained native vegetation.

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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 is not considered to be a controlled action as it will not have a significant impact on Carnaby’s Black Cockatoo species. This is based on the following:

 The application of the Significant Impact Guidelines indicates that it is highly unlikely that there will be a significant impact on the Carnaby’s Black Cockatoo species if the site is to be developed.  The amount of habitat to be cleared, 0.67ha, is below the 1ha threshold for quality foraging habitat defined in the Black Cockatoo referral guidelines. However, the quality of the foraging habitat to be cleared is not considered high.  The large amount of foraging habitat (15,000ha) available in surrounding Bush Forever sites and the proposed retention of 0.67ha of habitat on site will provide foraging habitat for local populations of Carnaby’s Black Cockatoo post development. 6.3 Proposed action IS a controlled action

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

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

The Western Australian Department of Housing has an excellent record for responsible, sustainable development and provides housing in the framework of Commonwealth and State Sustainability policies.

7.2 Has either (a) the party proposing to take the action, or (b) if a permit has been X applied for in relation to the action, the person making the application - ever been subject to any proceedings under a Commonwealth, State or Territory law for the protection of the environment or the conservation and sustainable use of natural resources?

If yes, provide details

7.3 If the party taking the action is a corporation, will the action be taken in accordance with the corporation’s environmental policy and planning framework?

The proponent is a Government Department

If yes, provide details of environmental policy and planning framework

Not Applicable

7.4 Has the party taking the action previously referred an action under the EPBC Act, or X been responsible for undertaking an action referred under the EPBC Act?

2015/7458 Western Australian Department of Housing/ Residential Development on Lot 800 Youle-Dean Road, Brabham Western Australia.

2014/7389 Western Australian Department of Housing/Residential development/Kalamunda/WA/Residential Development - Lot 608 Dixon Road, Kalamunda, WA

2013/7050 Western Australian Housing Authority/Residential development /Kiara/WA/Primary school, residential lots and open space, Lot 9000 Bottlebrush Drive, Kiara, WA 11 Nov 2013

2013/6983 WA Housing Authority/Residential development/Lot 6 Talbot Road, Stratton/WA/Residential Development 02 Sep 2013

2013/6955 Housing Authority/Commercial development/Glen Iris/WA/Urban Development Subdivision 05 Aug 2013

2013/6935 Housing Authority T/A Department of Housing WA/Residential development/Assorted Lots Parade Rd, Washington Av & Bussell Hwy, Usher/WA/Residential Development 15 Jul 2013

2013/6916 Department of Housing/Residential development/City of Kwinana/WA/Develop three sites into residential housing and mixed use developments 27 Jun 2013

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2012/6524 Gold Estates Holdings Pty Ltd & Housing Authority/Residential development/Hammond Park/WA/Lots 13, 14 & 18 Barfield Rd & Lots 48-51 Rowley Rd, Hammond Park 31 Aug 2012

2011/6137 Satterley Property Group & Housing Authority/ Residential development/ Lot 9 Marmion Ave, Butler

2007/3361 Satterley Property Group & Housing Authority/Residential development/Dalyellup Beach Estate, Bunbury

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8 Information sources and attachments (For the information provided above) 8.1 References Alan Tingay & Associates (1999a) Shire of Wanneroo Town Planning Scheme No. 1 Amendment 787, Yanchep – Two Rocks Environmental Review. Prepared on behalf of the Shire of Wanneroo. Report No. ATA 98-51. ATA Environmental (2007a) Flora and Vegetation Assessment - St Andrews Local Structure Plan. Report No. 2005/230, Version 2, October 2007. ATA Environmental (2001) Yanchep Southern Project, Flora and Vegetation Assessment. Report No. 2001/159, Version 1, December 2001. (DEH) Department of Environment and Heritage (2006) EPBC Act Policy Statement 1.1, Significant Impact Guidelines. Department of Environment and Heritage, Canberra. Publically Available Coffey Environments (2009) Lot 103 Yanchep Beach Road, Yanchep Environmental Assessment and Management Strategies Department of Environment and Conservation (DEC) (2009) Acid Sulphate Soils Guideline Series: Identification and Investigation of Acid Sulphate Soils and Acidic Landscapes Government of Western Australia, Perth Publically Available

Department of Environment and Conservation (DEC) (2011) Acid Sulphate Soils Guideline Series: Treatment and Management of Soils and Water in Acid Sulphate Soil Landscapes Government of Western Australia, Perth Publically Available

Brown, A, Thomson-Dans, C & Marchant, N (eds) 1998, Western Australia's Threatened Flora, Department of Conservation and Land Management, Western Australia. Publically Available Carstairs, S & Coates, D 1994, Conservation Genetics and Population Ecology of Five Rare and Threatened Western Australian Orchids, Endangered Species Unit, Australian Nature Conservation Agency. Publically Available English, V. and Blyth, J. (2000) Shrubland and woodlands on Muchea Limestone: Interim Recovery Plan, Department of Conservation and Land Management, Western Australia. Publically Available Environmental Protection Authority (2006) Guidance Statement No. 10: Guidance for the Assessment of Environmental Factors – Level of assessment for proposals affecting natural areas within the System 6 region and Swan Coastal Plain portion of the System 1 region. EPA, Perth Publically Available Evans R, Willers N and Mitchell D (2003). Threatened flora of Swan Region. Unpublished report to the Department of Conservation and Land Management, and Environment Australia. Government of Western Australia, (2000a) Bush Forever - Keeping the Bush in the City. Volume 1: Policies Principles and Processes, Western Australian Planning Commission, Perth. Publically Available Gozzard J.R. (1986). Perth, Sheet 2034 II and part 2034 III and 2134 III. Perth Metropolitan Region Environmental Geology Series, Geological Survey of Western Australia Publically Available Groom, C (2011) Plants Used by Carnaby's Black Cockatoo Department of Environment and Conservation, Government of Western Australia, Perth Publically Available Heddle, E.M., Loneragan, O.W., Havel, J.J., (1980) Vegetation Complexes of the Darling System Western Australia, IN: Atlas of Natural Resources, Darling System, Western Australia, Department of Conservation and Environment, Perth, Western Australia. Publically Available

001 Referral of proposed action v August 2015 Page 24 of 16

Hopper, S.D. and Brown, A.P. (2001) Contributions to Western Australian orchidology: 2. New taxa and circumscriptions in Caladenia (Spider, Fairy and Dragon Orchids of Western Australia). Nuytsia 14(1/2), 27-307. Publically Available Johnstone, R. E. and Kikby, T. (2012) Carnaby’s Cockatoo (Calyptorhynchus latirostris), Baudin’s Cockatoo (Calyptorhynchus baudinii) and the Forest Red-tailed Black Cockatoo (Calyptorhynchus banksii naso) on the Swan Coastal Plain (Lancelin–Dunsborough), Western Australia. Report for the Department of Planning. Publically Available Kelly, A.E., Taylor, A., Langley, M.A., Spooner, A. & Coates, D.J. (1993), Declared Rare Flora and Other Plants in Need of Special Protection in the Metro Area, Department of Conservation and Land Management, Western Australia. Publically Available Landgate (2013) Shared Land Information Platform (SLIP) Accessed 10 July 2013 https://www2.landgate.wa.gov.au/slip/portal/home/home.html (Publically Available Luu, R. and English, V. (2004) Blue Babe-In-The-Cradle Orchid (Epiblema grandiflorum Var. cyaneum Ms) Interim Recovery Plan 2004-2009. Department of Conservation and Land Management, Western Australia. Publically Available Phillimore, R., Brown A. and English, V. (1999) Interim Recovery Plan for the Cinnamon Sun Orchid (Thelymitra Manginii) 1999-2002. Department of Conservation and Land Management, November 1999 Publically Available Western Australian Planning Commission (WAPC) (2009) Acid Sulphate Soils Planning Guidelines Government of Western Australia, Perth Publically Available

8.2 Reliability and date of information The information is current and is based on extensive research and field investigation undertaken as part of the preparation of the above reports 8.3 Attachments Attachment 1: Referral Area Coordinates Attachment 2: Ministerial Statement 538 Attachment 3: Lot 1 and 2 Yanchep Beach Road, Yanchep LSP Approval Attachment 4: Environmental Assessment (Coffey Environments, 2009) Attachment 5: Protected Matters Search Tool Report

Figure 1: Regional Location Figure 2: Lot 9031 Subdivision Plans Figure 3: Vegetation in the Referral Area Figure 4: Regional Context Plan

001 Referral of proposed action v August 2015 Page 25 of 16

 attached Title of attachment(s) You must attach figures, maps or aerial photographs Figure 1 showing the project locality (section 1)  Figure 2

GIS file delineating the boundary of the referral area (section 1) Attachment 1 figures, maps or aerial photographs  Figure 3 showing the location of the project in Figure 4 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  Attachment 2 approvals and consent conditions (section 2.5) copies of any completed assessments to  Attachment 3 meet state or local government approvals and outcomes of public consultations, if available (section 2.6) copies of any flora and fauna investigations  Attachment 3 and surveys (section 3) technical reports relevant to the  Attachment 4 assessment of impacts on protected matters that support the arguments and conclusions in the referral (section 3 and 4) report(s) on any public consultations  Attachment 3 undertaken, including with Indigenous stakeholders (section 3)

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9 Contacts, signatures and declarations Project title: Part Lot 9010 and Lot 9031 Yanchep Beach Road, Yanchep

9.1 Person proposing to take action 1. Name and Title: Richard Elliot 2. Organisation Housing Authority 3. EPBC Referral Number 2016/7642 4: ACN / ABN: ABN 56 167 671 885 5. Postal address 99 Plain Street, EAST PERTH, WA 6004 6. Telephone: (08) 9222 4832 7. Email: [email protected] 8. Name of designated proponent (if not the As above same person at item 1 above 9. ACN/ABN of designated proponent (if As Above not the same person named at item 1 above):

COMPLETE THIS SECTION ONLY IF YOU QUALIFY FOR EXEMPTION FROM THE FEE(S) THAT WOULD OTHERWISE BE PAYABLE

I qualify for exemption from fees under section 520(4C)(e)(v) of the Not Applicable. EPBC Act because I am:

If you are small business Not Applicable 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 waiver of full or partial not applicable. fees under Schedule 1, 5.21A of the EPBC Regulations. Under sub regulation 5.21A(5), you must include information about the applicant (if not you) the grounds on which the waiver is sought and the reasons why it should be made: Declaration 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. I understand that giving false or misleading information is a serious offence. I agree to be the proponent for this action. I declare that I am not taking the action on behalf of or for the benefit of any other person or entity.

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