1 Submission from Wollondilly Shire Council

SUBMISSION FROM WOLLONDILLY SHIRE COUNCIL This submission provides comments on the Terms of Reference for the Inquiry into Australia’s Faunal extinction Crisis (the Inquiry). The comments are based on the experiences of Council Staff in the application of the Commonwealth biodiversity framework and consistent with applicable resolutions of Council. The submission welcomes the undertaking of the Inquiry by the Senate Committee, (the Committee), to investigate the adequacy of current Commonwealth process and Legislation as a means of identifying mechanisms to address declines in threatened fauna species However, the submission raises particular concern that the Terms of Reference for the Inquiry(ToR) do not specify or address factors causing this decline including clearance of habitat for development, which is a particular concern within the Wollondilly LGA. Part A: Background Information The following provides background information to subsequent comments on the individual Terms of Reference for the Inquiry in regard to related Matters of National Environmental Significance (MNES), the experience of Council Staff with the Commonwealth legislative framework as well as applicable resolutions of Council. 1) Biodiversity within the Wollondilly Local Government Area of relevance to the Inquiry The emphasis of the Terms of Reference items for the Inquiry is recognised as being the reduction in fauna species classified as MNES under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). However, it is considered appropriate and warranted that the Committee investigate in detail causes of this decline including the impact of clearance of native vegetation on the habitat of threatened species and their movement. This is a particularly significant issue within the Wollondilly LGA as a consequence of current and projected high level of growth, particularly in regard to its koala population. The following provides an overview of the biodiversity values of the Wollondilly LGA, threats to these values, associated Council position and related requested issues for investigation by the Committee. (i) Ecological communities The Wollondilly Local Government Area contains three Threatened Ecological Communities listed under the EPBC Act that includes Shale/Sandstone Transition Forest (SSTF) and Cumberland Plain Woodland (CPW), which are listed as Critically Endangered. The broad features of these two ecological communities are summarised as follows: There are significant areas of SSTF and CPW within the LGA that are largely located on privately owned rural land. The prevalence of grassland on areas that have been cleared but may satisfy definition as Derived Vegetation under Commonwealth or NSW Legislation. Remaining areas of SSTF and CPW are largely in the form of habitat corridors as a result of their location on land being suitable for development and agricultural activities in comparison to non-threatened ecological communities. Council provided a submission on the draft consultation advice for the listing of the SSTF in the Sydney Basin Bioregion at the Commonwealth level in June 2014. This submission strongly welcomed the uplisting of this vegetation community) and clarification of its 1 occurrence based on scientific definitions. The submission requested the inclusion of derived grasslands however the addressing of this issue by the final Determination was noted with a level of disappointment. A copy of this submission can be provided to the Committee upon request. (ii) Threatened species (flora and fauna) There are 27 threatened flora and 26 threatened fauna species listed in the EPBC Act which have been recorded within the Wollondilly LGA based on available information to Council Staff. The following provides an overview of the key threatened species of particular interest and concern to Council and the local community it represents. (a) Threatened fauna species The Wollondilly LGA contains a range of different listed fauna types that includes 8 bird species covered by International Migratory Treaties. The list of threatened fauna species also includes the Pteropus poliocephalus (Grey Headed Flying Fox) which established a camp in close proximity to Council’s Office in Picton during 2016. Council has prepared a Plan of Management for this Camp which is currently awaiting approval from the NSW Office of Environment and Heritage (OEH). A copy of this Plan may be able to be provided to the Committee subject to approval from OEH. The protection of the koala species and their habitat within a local and broad landscape context is of major current concern to the local community. Council is currently participating in a project with the NSW Office of Environment and Heritage that involves the mapping of koala habitat and tracking of their movement. The project has broadly identified that koalas are utilising a range of existing bushland corridors for movement and are expanding into areas not generally recognised as being koala habitat. The incorporation of this finalised into the OEH’s Biodiversity Sensitive Land Map under the Biodiversity Conservation Act 2016 is viewed as an important objective in achieving adequate protection of fauna habitat on a localised scale. It has been assumed that the Committee would be aware of the purpose of the NSW State Environmental Planning Policy No 44 Koala Habitat Protection. Council supported in principle the announced review of the current SEPP in October 2016 by the NSW Department of Planning and Environment as well as the intention to replace the requirement for Plans of Management with Standard Assessment Requirements. Council’s submission on this review (presented in Attachment 1) is requested to be considered by the Committee as part of its investigation. (b) Threatened flora species Council does not have specific records over the occurrence of threatened flora species apart from those that have been notified to the NSW Bionet Data Base. The listed species occurring in the Wollondilly LGA most under threat from development pressure are Persoonia bargoensis, Grevillea parviflora and Pomaderris brunnea. Council Environmental Staff attempt to obtain modifications to development proposals where applicable to protect threatened species identified as being potentially impacted. However, these are efforts are constrained under the NSW Government biobanking framework which permits full clearance of a development site and absence of statutory powers for Council to achieve such modifications. 2) Threats to biodiversity within the Wollondilly LGA There is concern that the Terms of Reference does not specifically address in a holistic sense threats to fauna habitat whilst recognising the potential for this matter to be investigated as 2 part of Item l “Any related matters”. Council views the Wollondilly LGA as a peri-urban area and is an active member of the Sydney Peri Urban Network. Within this context, the biodiversity within the Wollondilly LGA is under pressure from a range of competing land use activities. The following provides an overview of the key pressures and Council position for consideration by the Committee as part of its investigation. (i) Threats to biodiversity from development pressure The distribution of areas of Critically Endangered Ecological Communities listed in the EPBC Act in comparison to planning proposals within the Wollondilly LGA is shown in Map 1 (Attachment 2). This Map indicates that a high proportion of planning proposals contain occurrences of these communities identified from broad-scale mapping. The Wollondilly LGA includes the Appin and Wilton New Town Priority Growth Areas identified by the NSW Department of Planning and Environment (DPE). The Committee is requested to note that Council has expressed and made a number of resolutions regarding adverse implications of the Wilton Priority Growth Area to biodiversity (including decline in fauna species). These implications include: Inadequate mapping of the boundaries of the vegetation communities, (including native grasses), based on associated scientific definitions at the State and Commonwealth level. Absence of framework for the biodiversity assessment of the overall Priority Growth Area and individual Precincts within the Growth Area. Inadequate identification of koala habitat corridors and measures to protect and retain these corridors Council has recently made a series of resolutions largely in regard to the impact of the Wilton Priority Growth Area proposal on koala populations and their associated habitat corridors, which are presented in Attachment 3. These resolutions are requested to be viewed as Council’s formal position regarding this matter. There are currently three underground coal mining projects as well as the Camden Gas Project operating within the Wollondilly LGA (see Map 2: Attachment 4), which are assessed and approved by the NSW Department of Planning and Environment as classified State Significant Developments. Clearance for surface infrastructure associated with underground mining operations are commonly not adequately assessed or regulated by Determinations as a result of their classification as First Stage Workings (not involving extraction activities). Council has opposed this approach and requested that such clearance be assessed at the application stage based on the similar level that would occur for applications where it is the Determining authority. It is requested that the Committee consider the impacts of development pressure and the associated

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