Maules Creek Community Council Inc [email protected]
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Maules Creek Community Council Inc [email protected] c/o Peter Watson 0427 434 643 5 August 2014 Attn: John Turner Chairman Maules Creek Coal Community Consultative Committee PO Box 56 Boggabri NSW 2382 Biodiversity Management Plan (BMP) Changes Dear Mr Turner, Thank you for the opportunity to provide comments on Whitehaven’s further proposed BMP dated 9 July 2014 (Proposed BMP) which if approved will apparently supersede any and all BMPs presently in force for the Project. Maules Creek Community Council Inc. (MCCC) is currently engaged in legal proceedings in the NSW Land and Environment Court (LEC) over the current BMP (dated May 2014). As part of those proceedings Whitehaven Coal has undertaken to the Court not to clear on the Maules Creek Coal Project site until a judgment has been given in those proceedings. The matter is set down to be heard on 2 - 4 September 2014. MCCC and Whitehaven have differing views regarding the requirements of a valid BMP. However, those matters are not addressed here. Please find MCCC’s comments to the Proposed BMP. MCCC’s comments are informed by expert ecological advice regarding the effect on fauna from the proposed changes to the timing of clearing the Leard State Forest in the Proposed BMP. Should you wish to discuss our comments further, please contact us. Yours sincerely Maules Creek Community Council Inc Comments to the Maules Creek Coal Community Consultative Committee regarding Biodiversity Management Plan Amendments BMP 9 July 2014 Project Application Number: 10_0138 Comments by: Maules Creek Community Council Inc [email protected] c/o Peter Watson 0427 434 643 Contents Background ...................................................................................................................................................... 4 Executive Summary ......................................................................................................................................... 5 Comments from David Milledge ...................................................................................................................... 6 Comments from Dr Chris Turbill ....................................................................................................................... 7 Appendix A – Expert Ecologists Resume........................................................................................................... 8 David Milledge ................................................................................................................................................... 8 Dr Chris Turbill .................................................................................................................................................... 8 Background MCCC is grateful for the opportunity to comment on Whitehaven Coal’s proposed Biodiversity Management Plan dated 9 July 2014 (Proposed BMP) for the Maules Creek Coal Project. For the purpose of this brief comment MCCC focussed on section 5.4 of the Proposed BMP relating to the timing of clearing, which reads: 5.4 Timing of Clearing Subject to two exceptions, clearing of native vegetation will be undertaken in late summer and early autumn (that is, between 1 January and 30 April of each year in which clearing is carried out) in order to avoid key breeding or hibernation seasons for threatened bat and bird species known to reside in the Leard State Forest. The two exceptions are as follows: 1. Clearing of up to 163 ha of native vegetation is permitted between 1 November and 31 December 2014. This will ensure that as at 31 December 2014, there will be a sufficient area for coal extraction for six months (that is, for the period up to 30 June 2015); and 2. Minor clearing of native vegetation (less than 10 ha) is permissible outside of the period between 1 January and 30 April with the written consent of the Secretary of DP&E. Consent would only be sought in special circumstances where there is a management or environmental reason justifying immediate minor clearance of an additional area. Where clearing is carried out pursuant to these exceptions, fauna protection measures will be developed and implemented as appropriate. Other land disturbance activities (such as mulching, topsoil removal and the removal of regrowth in previously cleared areas) may occur year round. MCCC sought expert ecological opinion on the proposed condition above. That expert opinion is contained in this comment. 4 Executive Summary MCCC is gravely concerned about the impacts that clearing in spring and summer 2014 will have on the fauna known and likely to occur on the project site. The requirement not to clear during this period was designed and imposed to protect the particular relevant fauna. The BMP of June 2013 required that clearing predominantly be undertaken in late summer, early autumn. MCCC contends that the most appropriate interpretation of late summer to early autumn is beginning February to end April. The Leard State Forest is a biodiversity hotspot that contains many species of fauna including threatened and endangered species of birds, reptiles and micro bats. These species are susceptible to being disturbed during periods of hibernation and breeding that occur over winter, spring and early summer. The project approval has made extensive use of environmental offsets to protect the species within the project boundary. Hibernating or breeding animals will be unable to move away from the bulldozers or seek these offset refuges during the excluded period of winter spring and early summer which was the intended purpose of excluding such periods. The two expert opinions received and summarised below, are that there will be serious detrimental impacts to the threatened birds and micro bat species contained within the forest under the terms of the Proposed BMP. MCCC also contends that condition 5.4 of the Proposed BMP is not compliant with the Project Approval in that there are no express fauna protection measures proposed regarding when clearing does take place under the 2 exceptions sought. The BMP as anticipated under condition 52 of the Project Approval must include detailed description of the measures that would be implemented including the procedures to be implemented for… minimising the impacts on fauna on the site. MCCC is of the understanding that revisions to the BMP are required to improve environmental outcomes and performance, in accordance with the Project Approval. MCCC contends, based on the expert opinions received, that the Proposed BMP, particularly in relation to the timing of clearing, does not improve environmental outcomes or environmental performance and that the proposed amendment will negatively impact on the relevant species. The primary purpose of clearing in the spring and summer period of 2014 is to facilitate Whitehaven’s desired schedule of mining and does not go to the comprehensive and responsible management of the Maules Creek Coal Project which involves the requirement to manage the biodiversity including minimise the impacts on fauna of the site within the Leard State Forest for the 22 year life of the project. 5 Comments from David Milledge The species at issue here are: Threatened bird species Little Eagle Hieraaetus morphnoides Little Lorikeet Glossopsitta pusilla Turquoise Parrot Neophema pulchella Brown Treecreeper Climacteris picumnus (south-eastern race) Speckled Warbler Chthonicola sagittata Black-chinned Honeyeater Melithreptus gularis Grey-crowned Babbler Pomatostomus temporalis Varied Sittella Daphoenositta chrysoptera Hooded Robin Melanodryas cucullata Diamond Firetail Stagonopleura guttata Threatened microchiropteran bat species Yellow-bellied Sheath-tailed Bat Saccolaimus flaviventris South-eastern Long-eared Bat Nyctophilus corbeni 1. Other Threatened bird and micro-bat species that have been recorded in Leard State Forest have been excluded from consideration on the basis of having breeding seasons predominantly outside the months at issue, are unlikely to breed in the area or, in the case of some micro-bats are cave roosting species and unlikely to have their breeding activities directly affected by the clearing. 2. Unfortunately the proposed clearing dates will not avoid key breeding periods for the Threatened bird species nor for the two micro-bat species listed above. However, the dates will avoid the periods when both Threatened micro-bat species are likely to undergo torpor. 3. Clearing during the period 1 November-31 December will likely have the greatest detrimental impact as the Little Lorikeet, Black-chinned Honeyeater, Grey-crowned Babbler, Hooded Robin and Diamond Firetail are likely to have eggs in the nest, and the Little Eagle, Turquoise Parrot, Brown Treecreeper, Speckled Warbler and Varied Sittella are likely to have young in the nest at this time. The Yellow-bellied Sheath-tailed Bat and South-eastern Long-eared Bat are also likely to have dependent young in tree hollow maternity sites at this time. 4. Clearing during the period 1 January to 30 April will also have a detrimental impact on most of these species, although less so than for the period 1 November-31 December, as the Little Lorikeet, Black-chinned Honeyeater, Grey-crowned Babbler, Hooded Robin and Diamond Firetail are likely to have young in the nest, and the Little Eagle, Turquoise Parrot and Speckled Warbler and the Yellow-bellied Sheath-tailed Bat and South-eastern Long-eared Bat are also still likely to have young in the nest or in maternity sites at this time. 5. Probably moving the clearing