WATSON COMMUNITY ASSOCIATION

Submission by the Watson Community Association EPBC Reference number: 2012/6418

Watson Community Association Submission on Watson Section 64 Block 9 District of North , Medium Density Residential Use Watson Community Association 2013

EPBC Reference number: 2012/6418 Watson Section 64 Block 9 District of , Medium Density Residential Use

SUMMARY

The proposed and likely impacts on Box – Gum woodland of future residential development would consist of almost the total removal of the woodland within Block 9 Section 64 Watson and the Negus Crescent road reserve. Consideration of the consequences of approving medium density residential development on this 4 hectare block needs to encompass the cumulative effects of removing further Box – Gum woodland from the area of a successful breeding event of the Regent Honeyeater, and the impacts on the adjoining 18ha Justice Robert Hope Park (JRHP) woodland reserve, as well as impacts from removing valuable habitat from the site itself. The site contains a number of important habitat trees of considerable age. It should also be considered that the proposal would substantially undermine the successful efforts of a committed community group to protect and enhance the ecological values of the adjoining JRHP.

RECOMMENDATIONS

The Watson Community Association (WCA) urges that:

1. The proposed release of Section 64 Block 9 for Medium Density Residential development not be agreed by the Australian Government. 2. The Australian Government impose conditions on any new approved development of Block 9 Section 64 to protect the environmental value of the remnant native vegetation and the nearby environmental assets including enhancements by the local community 3. The Australian Government not accept JRHP as a suitable offset. Instead it should require ACT to nominate the location of a new reserve supporting Box Gum woodland to compensate for cumulative losses due to recent and proposed development involving the clearing of Box – Gum woodland in inner north Canberra. 4. The Australian Government determine through a credible process an appropriate offset based on full information from the ACT Government on recent and proposed development involving the clearing of Box – Gum woodland in inner north Canberra. 5. A credible strategic assessment of the area such as was recently undertaken for Gunghalin be undertaken to provide a stronger scientific basis for decision- making on offsets in the inner north Canberra. 6. A condition of consent for such future developments in the inner north should be

that the horse paddocks located between JRHP and Mount Nature 1 Page Watson Community Association 2013

Reserve are dedicated as the offset and rezoned as Nature Reserve or equivalent. 7. Alternative, less intensive development of the site for commercial enterprise - not residential development - should be required to reduce environmental impacts and population pressures on the neighbouring 16ha Justice Robert Hope Park reserve. 8. The Australian Government require the proposed 100 metre fire protection buffer be undertaken within the development footprint for any approved new development of the site. 9. The Australian Government impose conditions that will reduce the significant impacts of any approved development of Block 9 on the Box –Gum Woodland EEC located in the adjoining JRHP; a. all trees at the eastern end of Block 9 must be retained within the development in an open space area to maintain some of the current connectivity. b. stormwater emanating from the site must be redirected to an alternative drainage system through the adjoining Majura Rise development, and not via a lengthy pipeline through and into the JRHP. c. a new boundary fence between JRHP and Negus Cres must be constructed prior to commencement of any road works or construction activity on Block 9. d. Any new development must be established and enforced as a cat-free area to reduce impacts on wildlife using JRHP and the nearby Majura Nature Reserve. e. The road verges of Negus Cres must be planted with a low growing native grass and with Yellow Box trees. f. Lighting should be required to be designed to specifications that are known to be fauna friendly.

BACKGROUND

The proposed and likely impacts on box – gum woodland of future residential development would consist of almost the total removal of the woodland within 9/64 Watson and the Negus Crescent road reserve.

Canberra’s long term planning for this site has been for broad-acre not intensive residential development, and this is potentially consistent with retention of its ecological values. Planning intentions included residential use ancillary to these entertainment, recreation and leisure uses, but shortly after self-government planning intentions were altered to include intensive residential development.

Strong community advocacy against this proposed residential development of the woodland, not ACT Government planning processes, led to the establishment of JRHP in 2000-02. Development of Section 64 was not imminent at that time, and JRHP was not an offset for that proposal. 2 Page Watson Community Association 2013

The WCA recognised the value of this environmental asset and promoted it in the Canberra community with a scientific report it commissioned in the late 1990s (Gilles 2000). Watson community volunteers have been involved for the past 12 years in rehabilitating and enhancing JRHP, and many thousands of hours have been committed to rehabilitating the woodland. A number of community events have celebrated these achievements and the woodland is noted in the 2004 Neighbourhood plan as one of the most valued features of the nearby suburb of Watson.

Separate social and other planning issues arising from ongoing ad hoc development and redevelopment of north Watson are not addressed in this submission. However, like these social issues, environmental issues are being poorly addressed due to urban planning which is ad hoc and does not quickly reflect advances in scientific knowledge in the environmental sciences.

Like the reserved box-gum woodland on JRPH, the woodland remnant on this proposed development has recently been recognised as a specific vegetation type called Yellow Box ± Apple Box tall grassy woodland of the South Eastern Highlands. It includes most likely only a few remnants within the ACT (and region), which are not currently reserved for nature conservation.

There are 46 woodland trees of significance mapped on the 4 ha project site, and 25 of these trees contain tree hollows. Scientific studies have demonstrated that large profusely flowering and hollow-bearing native trees provide the favoured foraging and potential breeding habitat for a range of common native birds and federally listed endangered and vulnerable species.

Indeed in the important and highly relevant study published in a peer reviewed scientific journal in 2012 (Armstrong et al. 2012) an investigation of the characteristics of important localised NSW and ACT plant communities have found that the newly identified sub-type of Box-Gum woodland found at north Watson is highly limited in its distribution and may need active management or protection to ensure its survival.

The five sites in north Canberra contain little more than 100 hectares in aggregate, including all those in Watson, Hackett and Gungahlin. This gives a perspective on the importance of preserving remaining remnants of whatever condition, even 4 ha, especially where a local community is actively engaged and committed to restoration work, and declining woodland birdlife and other degradation is already evident from development near the endangered Box Gum woodland reserve in the past 3 years.

DISCUSSION

ACT planning processes have failed to protect this rare Box - Gum ecological community in inner north Canberra, resulting also in failure to protect rare ACT habitat for endangered and threatened species.

In part this has been because of undue emphasis in the quality of the understorey in 3 definitions of the quality of the threatened Box –Gum woodland ecology. This subtype Page Watson Community Association 2013 of lowland woodland such as at north Watson may have high quality tree habitat including woodland species such as the Swift Parrot and Gang Gangs, and a location in an area of documented successful breeding events for threatened or endangered migratory woodland birds such as the Regent Honeyeater, yet be inappropriately considered to be in only ‘moderate’ or ‘poor’ condition, and by implication, of limited or no conservation value.

Watson Community Association supports suitable proposals for development of the site that is consistent with protecting the environmental values of the area. However, the current proposal is not consistent with the ACT public land manager’s duty of care to protect and enhance the rare environmental asset represented by this endangered grassy box-gum woodland subtype.

The proposed development will have significant impacts on JRHP which are discussed in more detail below. Alternative use of the site for commercial enterprise rather than residential development should be considered to reduce increased people pressures on the small Justice Robert Hope Park reserve. Prime TV is an existing suitable neighbouring development because it does not create significant recreation pressure on the woodland and can accommodate some of the large mature Yellow Box trees within its grounds. The trees on 9/64 currently assist in providing connectivity between JRHP and a nearby section of Mt Majura Nature reserve and also add importantly (18%) to the effective patch size of JRHP.

1. CUMULATIVE IMPACTS The cumulative impacts of several previous urban development proposals on Box Gum woodland in inner north Canberra has become very significant. Several more proposals are in the pipeline. The Australian Government should seek from the ACT Government all future proposals involving the clearing of Box – Gum woodland for the whole of inner north Canberra so that the relative impact of each proposal can be assessed in relation to the total impact and an appropriate offset could then be determined. A credible strategic assessment of the area such as was recently undertaken for Gungahlin is necessary for this purpose.

The Australian Government should require ACT to nominate where a new reserve supporting Box Gum woodland will located to compensate for the cumulative losses. WCA advocates that the horse paddocks between JRHP and the Mount Majura section of CNP would be a highly suitable area as this would secure a wildlife link between the two reserve areas. Requiring developers to contribute money to research or some other cause is not a satisfactory offset option, as it does not result in what should be a fundamental objective to have adequate habitat preserved.

2. CONNECTIVITY AND PATCH SIZE

The development as proposed would have significant impacts on Box –Gum Woodland EEC located in the adjoining JRHP. The Australian Government should impose and 4 Page Watson Community Association 2013 enforce strict conditions on this and any future development to reduce and minimise these impacts.

Reduction in effective patch size of JRHP and loss of buffer

The loss of 4 ha of woodland adjoining JRHP would reduce the patch of woodland (JRHP plus section 64) west of Antill St by 18%. It is well recognised that the larger the patch size the greater the species diversity likely to occur in the patch. A loss of more than a fifth in patch size is thus likely to negatively affect the future species diversity within JRHP.

The loss of the adjoining woodland on section 64 will have a bigger impact on JRHP if the woodland in the horse paddocks to the east of Antill St are developed in the future.

Further, the woodland on section 64 is currently serving as a buffer between JRHP and other urban areas. Loss of this buffer is also likely to have negative impacts on more sensitive species that do, or may in the future, have otherwise been able to utilise JRHP.

Fire hazard reduction measures

The potential constraints on future habitat quality improvements to the northern end of JRHP that will be imposed by the fire hazard reduction requirements are unacceptable, particularly considering the relatively small size of JRHP.

Some other developments in the ACT have led to controversial and ecologically damaging fire hazard reduction measures being undertaken in reserves adjoining the developments. Additional slashing over that already required around the inside boundary of JRHP or application of frequent burning will have a detrimental impact on the ecological values of JRHP (increased weed cover, loss of trees, loss of plant species diversity).

Given the relatively small area of JRHP any loss of habitat will be significant in terms of the ecological functioning of the reserve. The Australian Government should therefore require all fire protection measures for the new development to be undertaken within the development footprint.

Related issues and impacts

Condition of consent for any future approved development on this site should also include the following:

• All the trees at the eastern end of Block 9 must be retained within the development to maintain some of the current connectivity. The retained trees must be in an open space area so that there is not subsequent reason to allow them to be felled because they are deemed to be dangerous to dwellings or

cars. 5 Page Watson Community Association 2013

• The Australian Government should require stormwater emanating from the site to be redirected to an alternative drainage system in the adjoining Majura Rise development and not be directed via a pipeline into the existing shallow retention basin in JRHP, so as not to create damage within JRHP. • During the construction phase there is a high likelihood of damage by machinery to the northern edge of JRHP. A condition of consent should be that a new boundary fence between JRHP and Negus Cres should be constructed prior to commencement of any road works, or any construction activity on Block 9. • The new development should be required to be a cat-free area to reduce impacts on wildlife using JRHP and the nearby Majura Nature Reserve. Resources should be allocated to enforce this, and the dogs on lead requirements. There is already precedent for the cat-free requirement in new suburbs that adjoin bushland, for example, in Gungahlin, ACT. • The road verges of Negus Cress should be planted with a native grass, such as a low growing Wallaby Grass, to reduce risk of new weed problems in JRHP and to blend in with the reserve landscape. • Yellow Box trees should be planted along the Negus Cres to compensate in part for proposed losses on Section 64 and to provide a small buffer to any development. • Lighting may have an adverse impact on nocturnal birds, such as the several owl species using the area, and other fauna using JRHP. Any street or other lighting should be required to be designed to specifications that are known to be fauna friendly.

3. OFFSETS

We categorically reject that the adjacent Justice Robert Hope Park (Block 7 Section 72 Watson) can be considered an advanced offset to compensate for the loss of the almost total removal of woodland on Block 9 Section 64 Watson. Advanced offsets in the form of past conservation actions or funding cannot be applied retrospectively as this will result in net loss. Conservation offset areas must be publicly declared at the time of a development as an ‘advance offset’ and included in a public offsets register so that baseline data is put in place to ensure conservation outcomes can be achieved.

An offsets plan must be based upon direct physical offsets, with indirect offsets and other compensatory measures only being considered as a last resort.

Based on existing evidence on this box-gum woodland, the Australian Government should consider making a condition of consent for recent and proposed urban developments in inner north Canberra that the horse paddocks located between JRHP and Mount Majura Nature Reserve be required to be set aside as offsets for these and be rezoned as Nature Reserve or equivalent. Such an offset would also secure a link between JRHP and the nature reserve and help compensate for the reduced linkage 6 that would result from development such as proposed on Block 9, Section 64. Page Watson Community Association 2013

A direct offset of Block 1 Section 86 Watson (the horse paddock) could be considered a suitable offset to compensate for the loss of MNES listed grassy box-gum woodland on the proposed development site. It meets the criteria to be considered a direct physical offset. It contains grassy box woodland with very similar biodiversity values to the development site. It has not been managed as part of the nature reserve system. It is commercially developable land in the ACT’s CZ6 zoning system.

Offset actions should focus on areas outside of nature reserves that do not already enjoy a high duty of care, and can be beneficial to nature reserves in mitigated existing or future threats, and improving the functionality of existing reserves.

Block 1 Section 86 Watson would perform an important role in providing the biodiversity corridor linking the more fertile low altitude woodland in Justice Robert Hope Park to the higher altitude woodland in Mt Majura Nature Reserve.

There is no further scope to plant any more box-woodland trees in Justice Robert Hope Park. Over 500 trees have been raised from seed collected on site, planted and nurtured by our volunteers from 2002 onwards. Since removal of all stock in 2005, there has been some natural improvement in groundcover and existing tree regeneration. Measures have been taken to control weeds, and to reintroduce forbs. High fertility levels as a result of past land management practices including of the horse paddocks, and long continued droughts have slowed our efforts to rehabilitate the site.

The introduction of a 100 metre outer fire protection zone inside Justice Robert Hope Park as a result of the development on Block 9 Section 64 would mean that no shrubs can be planted within the zone. There is a high probability that some existing vegetation may have to be removed to satisfy the Fire Unit or the Emergency Services Authority within the ACT government. Should vegetation exceed biomass limits, stock may be introduced to reduce it or slashing done, with adverse consequences for weed dispersal and destruction of any restoration. This will reduce the value of Justice Robert Hope Park, and diminish any environmental gain resulting from the considerable community effort put into protection and restoration of this 18 ha remnant Box – Gum woodland.

4. STORMWATER MANAGEMENT

We are opposed to the construction of a proposed pipeline from the existing and future stormwater management infrastructure on the development site to a shallow retention basin in Justice Robert Hope Park.

The retention basin perennially dries out and has biodiversity values which other urban retention basins in Watson do not. It is frog breeding habitat and when it fills supports a wide variety of invertebrate fauna. 7 Page Watson Community Association 2013

Construction of the pipeline will cause siltation, turbidity and pollution of dam water and erosion at the face of the pipe leading into the dam. Re-scalping of 200m long by 10m wide corridor will result in the removal of native grasses and saplings of woodland trees which have been planted by volunteers since 2002. Disturbance always creates weed reinfestation, which will most likely have to be managed by volunteers or staff from ACT Parks and Conservation Service.

Disturbingly, the consultant’s report is incorrect regarding the nature of the re-sowing of the “scalped” area on the western boundary of JRHP. This area was revegetated with a native Wallaby Grass several years ago when the Majura Rise development was being completed.

There is a road easement on the eastern edge of Roma Mitchell Cres which could equally accommodate a pipeline leading to the Stirling Ave drainage line. Alternatively, the stormwater could lead to a box culvert on Negus Cres which services stormwater generated from the Channel 10 television studio site.

CONCLUSION

It is disappointing that the LDA is not acting as a more responsible public agency in fulfilling its land developer role in the ACT. More compatible uses of this publicly owned and managed site are feasible and highly appropriate but there appears to be minimal consideration of environmental aspects of preferred land use in the LDA approach. As occurred at “The Fair” in Watson, the current ad hoc, fiscally driven approach will have a highly adverse cumulative effect on the endangered woodland ecology as well as on threatened and declining woodland bird species and other fauna using the area.

It should be noted that the community response to this issue has been considerably hindered by LDA’s inability/refusal to provide electronic access to the supporting documentation prepared by Moore et al. While paper copies could be collected in person from the ACT LDA, only a small number of copies were available. Lack of electronic access to the proponent’s supporting documentation during the consultation process is archaic and unacceptable, and should not be permitted to compromise the quality of public review of such important material.

Watson Community Association PO Box 64 Watson ACT 2602 [email protected]

19 July 2013

8 Page Watson Community Association 2013

References

Armstrong, R., K. Turner, K. McDougall, R. Rehwinkel, and J. Crooks. 2012. Plant communities of the upper Murrumbidgee catchment in New South Wales and the Australian Capital Territory. Cunninghamia 13 :125-266.

Gilles J. 2000. Ecological values of the north Watson Woodlands. A case for preservation. Study commissioned by the Watson Community Association Inc.

Moore D., Nash K., Hogg D, (2013) Block 9 Section 64 Watson Residential Development and Negus Crescent Extension, ACT. EPBC 2012/6418. Preliminary Documentation, prepared on behalf of the Land Development Agency

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