Second Review of State Conservation Areas 2014 © 2014 State of NSW and Office of Environment and Heritage With the exception of photographs, the State of NSW and Office of Environment and Heritage are pleased to allow this material to be reproduced in whole or in part for educational and non-commercial use, provided the meaning is unchanged and its source, publisher and authorship are acknowledged. Specific permission is required for the reproduction of photographs. The Office of Environment and Heritage (OEH) has compiled this review in good faith, exercising all due care and attention. No representation is made about the accuracy, completeness or suitability of the information in this publication for any particular purpose. OEH shall not be liable for any damage which may occur to any person or organisation taking action or not on the basis of this publication. Readers should seek appropriate advice when applying the information to their specific needs. Published by: Office of Environment and Heritage 59 Goulburn Street, Sydney NSW 2000 PO Box A290, Sydney South NSW 1232 Phone: (02) 9995 5000 (switchboard) Phone: 131 555 (environment information and publications requests) Phone: 1300 361 967 (national parks, general environmental enquiries, and publications requests) Fax: (02) 9995 5999 TTY users: phone 133 677, then ask for 131 555 Speak and listen users: phone 1300 555 727, then ask for 131 555 Email: [email protected] Website: www.environment.nsw.gov.au Report pollution and environmental incidents Environment Line: 131 555 (NSW only) or [email protected] See also www.environment.nsw.gov.au ISBN 978 1 74359 264 9 OEH 2014/0568 July 2014 Contents Minister's foreword iv Part 1: State Conservation Areas 1 State Conservation Areas 4 The second five-year review 5 Exploration and mining in NSW 8 Exploration and mining in State Conservation Areas 11 Part 2: Review findings 12 Review findings 13 Individual SCA review findings 15 Appendix A: Exploration and mining titles 313 Appendix B: Mineral groups 314 Index of State Conservation Areas 315 PART 1 STATE CONSERVATION AREAS Second Review of State Conservation Areas 1 2 Second Review of State Conservation Areas Second Review of State Conservation Areas 3 State Conservation Areas The state conservation area (SCA) is a category of reserve under the National Parks and Wildlife Act 1974 (the NPW Act). SCAs protect natural and cultural heritage values and provide recreational opportunities. However, unlike other reserves such as national parks and nature reserves, they also provide for other uses including mineral exploration and mining, and petroleum exploration and production. SCAs are the only reserve category that allows for exploration and mining. Because SCAs provide for these dual uses, they form an important category in the public reserve system. SCAs provide an opportunity for lands to be included in the reserve system that, because of their mineral interests, might otherwise not have been available for active conservation management and public appreciation and enjoyment. SCAs were introduced as a reserve category under the NPW Act in 2002. This amendment also changed all existing state recreation areas (SRAs) to SCAs. A new class of reserve, called a community conservation area (CCA), was created in 2005. A CCA is divided into four zones, with Zone 3 being the equivalent of an SCA. CCAs are therefore included in this review. Of the 147 reserves that are considered to be SCAs for the purposes of this review, 19 are classified as CCA Zone 3 SCAs. As at 2 October 2012, there were 147 SCAs covering about 744,704 ha, which represents 10.5 % of all land reserved under the NPW Act. They protect natural and cultural heritage values in landscapes ranging from coastal scrub and rainforest to rangelands, and may include habitat for threatened species or significant Aboriginal sites. 4 Second Review of State Conservation Areas The second five-year review Purpose of the review The dual-purpose SCA designation (providing for conservation and allowing exploration and mining) is not likely to be required for all SCAs indefinitely. For example, this designation may not be required if mining in an SCA ceases and the land is rehabilitated, or if mineral values are not found in an SCA. If the dual-purpose SCA designation is no longer required, the NPW Act allows the SCA to be changed to a national park or nature reserve by publication of a notice in the NSW Government Gazette. Normally, a change in reserve category under the NPW Act requires an Act of Parliament. Terms of reference The Minister administering the NPW Act is to review, every five years after the commencement of section 47M (Review of classification as state conservation area), the status of land within SCAs. This section commenced on 2 October 2002. The Minister is to give reasons as to why such land should or should not be reserved as a national park or a nature reserve. This review is to be done in consultation with the Minister administering the Mining Act 1992. Reserve category changes from SCA to either national park or nature reserve can be made via a NSW Government Gazette notice, but only with the concurrence of the Minister administering the Mining Act. The review process The first review of SCAs commenced in October 2007, five years after the SCA category was introduced in the NPW Act, and continued over a six-month period to 30 April 2008. The review recommended that ten parcels of land be recategorised as either national park or nature reserve. The second review of SCAs commenced in October 2012 and continued over a seven-month period to 1 May 2013. Titles granted after this period were not considered in the review. This review follows the same process as the first review. It identifies those SCAs that are currently the subject of exploration or mining titles; or have identified mineral values from past exploration and mining activity; or have geology that indicates potential mineral values which have not been adequately tested. For all lands reserved as SCAs, the review identifies whether or not the dual-purpose SCA category is still required. This requires a review of mineral values only, as the conservation values of lands reserved as SCAs are already confirmed. In conducting the review, the Minister is in effect asking the question, ‘Is the dual-purpose reserve category still required?’ To answer this for each of the 147 SCAs a three-step decision-making process has been applied, as follows: Firstly, do mining or exploration titles apply to land within the SCA? If yes, then the dual-purpose reserve category is still required. Also, under the NPW Act, land that is subject to mining or exploration titles cannot be reserved as national park or nature reserve by NSW Government Gazette notice. Secondly, does the land within the SCA contain significant mineral values? If yes, and the land is likely to be the subject of exploration and mining activity in the future, then the dual-purpose Second Review of State Conservation Areas 5 category is still required. These recommendations are supported by a description of the relevant geological evidence. Thirdly, have the mineral values of the land been adequately investigated? If not, but the geology of the surrounding area suggests that mineral values are likely to be found, then the dual-purpose reserve category is still required. For those SCAs that are recommended to be reserved as a national park or nature reserve, the recommendation for the most appropriate reserve category is based on: the original conservation assessment of the area; consideration of the different management principles for national parks and nature reserves; and the landscape in which the reserve is situated. The level of interest and prospectivity in SCAs varies significantly: · Some SCAs have numerous titles for both exploration and mining for a range of minerals and petroleum. For example, the Illawarra Escarpment SCA has mining and exploration titles for petroleum, coal, agricultural lime and geothermal substances. Reserves like this appropriately belong in the SCA category. · Some SCAs have only one or two exploration titles. For example, the Paroo–Darling SCA has an exploration title for petroleum. Such reserves need to remain in the SCA category to allow for exploration or for future mining or petroleum production (depending on the findings of the exploration), subject to environmental assessment. If mineral values are not found during exploration, the SCA might be reserved as a national park or nature reserve in the future. · Some SCAs do not have any exploration or mining titles applying to them, but have clear mineral values, supported by geological evidence. For example, Carrai SCA. · Other SCAs without titles have unknown but potential mineral values, and should remain as SCAs to allow for future exploration to determine potential. For example, Toorale SCA. · Other SCAs have no titles and no known mineral values, such as Belmount SCA. These reserves are appropriate for reservation as national parks or nature reserves. 6 Second Review of State Conservation Areas Summary of decision-making process for the SCA review 1. Do any exploration or mining titles apply to the land reserved as an SCA? Yes No Recommend that the land Go to Question 2 remain reserved as an SCA 2. Is there geological evidence of mineral values in the land reserved as an SCA? Yes No Recommend that the land Go to Question 3 remain reserved as an SCA 3. Are there potential, but not adequately investigated, mineral values in the land reserved as SCA? Yes No Recommend that the land Recommend that the land be remain reserved as an SCA reserved as a national park or nature reserve A review will be conducted every five years to take into account the dynamic nature of the exploration and mining industry.