DENDROOBIUM MININE - PLAN FORFO THE FUTUREE: COAL FORFO STEELMMAKING

DECEMBERB 2016

REFERRAL OF PROPOSED ACTION

UNDER THE ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERRVATION ACT, 1999 Referral of proposed action

Proposed DENDROBIUM MINE – PLAN FOR THE FUTURE: action title: COAL FOR STEELMAKING

1 Summary of proposed action

1.1 Short description The Dendrobium Mine – Plan for the Future: Coal for Steelmaking (the Action) is an extension to the underground mining areas at the Dendrobium Mine to gain access to additional areas within Consolidated Coal Lease (CCL) 768 and related surface infrastructure and activities. The coal would be extracted using longwall mining methods in the Action underground mining areas (Area 5 and Area 6).

The Dendrobium Mine is an existing underground coal mine situated in the Southern Coalfield of New South Wales (NSW) (Figure 1). The Dendrobium Mine is owned and operated by Illawarra Coal Holdings Pty Ltd (Illawarra Coal), a wholly owned subsidiary of South32 Limited (South32).

The Dendrobium Mine was determined to be a Controlled Action (EPBC 2001/214) and was subsequently approved on 20 December 2001.

The Action, the subject of this referral under the EPBC Act, does not include aspects of the existing and/or approved operations at the Dendrobium Mine (as described further in Section 2.1).

1.2 Latitude and longitude Table 1 Location of the Action

Latitude Longitude Location Point Degrees Minutes Seconds Degrees Minutes Seconds 1 -34 19 56.81 150 39 09.14 2 -34 20 27.82 150 42 36.71 3 -34 18 05.16 150 43 07.64 4 -34 18 20.28 150 47 32.31 5 -34 20 14.28 150 47 17.95 6 -34 23 07.18 150 41 07.88 7 -34 22 51.93 150 38 31.01

Location points are presented on Figure 2.

1.3 Locality and property description The Action is located west of Wollongong in the Southern Coalfield, NSW (Figure 1). The Action is located within CCL 768, which is a mining tenement under the NSW Mining Act, 1992.

The Action underground mining areas are located within the catchments of the Avon and Cordeaux Rivers, which are part of Greater Sydney’s water supply system. These catchments are situated within the Metropolitan Special Area declared under the Water NSW Act, 2014 (Figure 3). There has been a long history of longwall mining in these water catchments, including the Dendrobium Mine that commenced longwall mining in 2005.

001 Referral of proposed action v November 2016 Page 1 of 59 1.4 Size of the development The areas above the Action underground mining areas are approximately footprint or work area 2,100 hectares (ha) in Area 5 and 760 ha in Area 6. (hectares) The extent of surface disturbance related to the Action will be refined through detailed mine planning, environmental assessment outcomes and consideration of alternatives. Based on the current understanding of the Action, this is anticipated to be less than 20 ha of surface disturbance.

1.5 Street address of the site Dendrobium Mine, Cordeaux Road, Mount Kembla NSW, 2526.

1.6 Lot description The Action would involve underground mining within the areas shown on Figure 2 and associated surface infrastructure and activities within the area bounded by the location points. The Action would occur within parts of Lot 1, DP 1186788 and Lot 13, DP 1092321.

1.7 Local Government Area and Council contact (if known) The Action is within the Wollongong, Wingecarribee and Wollondilly Local Government Areas (Figure 1). The Action is not subject to a local government planning approval, however, does require planning approval from the NSW Minister for Planning (or delegate).

Section 2.4 of this referral provides further details about the relevance of the NSW planning system to the Action.

1.8 Time frame Longwall mining in the Action underground mining areas could occur between 2022 and the end of 2048, with the exact timing dependent on further mine planning.

1.9 Alternatives to proposed No action

 Yes, please also complete section 2.2

1.10 Alternative time frames, No locations or activities  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 and 5 (where relevant). 1.11 Commonwealth, State or No Territory assessment  Yes, please also complete section 2.5

1.12 Component of larger action  No

Yes, please also complete section 2.7 1.13 Related actions/proposals No

 Yes, please also complete section 2.8 1.14 Australian Government  No funding Yes, please provide details 1.15 Great Barrier Reef Marine  No Park Yes, please also complete section 3.1 (h), 3.2 (e)

001 Referral of proposed action v November 2016 Page 2 of 59 2 Detailed description of proposed action

2.1 Description of proposed action

Background

The Dendrobium Mine, incorporating extraction of the Wongawilli Seam from an area north of the Eloura Mine, Woronora Plateau and associated works, was determined to be a Controlled Action (EPBC 2001/214). The Action was subsequently approved on 20 December 2001.

Construction for Dendrobium Mine commenced in January 2002, with longwall mining commencing in April 2005.

The Dendrobium Mine includes three approved underground mining areas, named Areas 1, 2 and 3. Area 3 is broken into three further sub-areas Areas 3A, 3B and 3C. Longwall mining is currently being undertaken in Area 3, with extraction complete in Areas 1 and 2.

Key surface infrastructure at the Dendrobium Mine (Figure 2) includes the:

• Dendrobium Pit Top; • Kemira Valley Coal Loading Facility; • Kemira Valley Rail Line; • Dendrobium Coal Preparation Plant (CPP) (located within the Port Kembla Steelworks precinct); and • Dendrobium Shafts Nos 1, 2 and 3.

The Dendrobium Mine was also approved by the NSW Minister for Urban Affairs and Planning on 20 November 2001 under the NSW Environmental Planning and Assessment Act, 1979 (EP&A Act). The Dendrobium Mine Development Consent (DA 60-03-2001) has been modified seven times under the NSW planning system (Modifications). For each of the approved Modifications, Illawarra Coal determined that no referral under the EPBC Act was required (i.e. no significant impacts on matters of national environmental significance were expected to occur as a result of each Modification and/or the Modification was consistent with the approved Controlled Action). This current approved development, and the continued operations associated with this development, does not form part of the proposed Action, whether or not those components or operations have been constructed or commenced.

The Action

The Action is a proposed extension to the underground mining areas at the Dendrobium Mine to gain access to additional areas within the Action underground mining areas (Area 5 and Area 6) and related surface infrastructure and activities.

Figure 2 shows the extents of the Action underground mining areas (Area 5 and Area 6), which would be located within CCL 768. Associated surface infrastructure and activities would be within the area bounded by the location points on Figure 2.

The Action would include the following components at the Dendrobium Mine:

• longwall mining from the Bulli Seam within the Action underground mining area shown as Area 5 on Figure 2; • longwall mining from the Wongawilli Seam within the Action underground mining area shown as Area 6 on Figure 2; • upgrades and augmentations to the Cordeaux Pit Top (Figure 2) to allow personnel and materials access to the Action underground mining areas (if required); • development of two mine ventilation shafts and associated infrastructure to support the Action underground mining activities;

001 Referral of proposed action v November 2016 Page 3 of 59 • development of surface infrastructure associated with gas management and abatement to support the Action underground mining activities; and • monitoring, rehabilitation and remediation of subsidence and other mining effects associated with the Action underground mining areas.

The Action would use existing infrastructure associated with the existing Dendrobium Mine. However, the Action does not include any of this existing or approved infrastructure.

The Action, the subject of this referral, does not include aspects of the operations at the Dendrobium Mine (including any approved land disturbance activities within the Action underground mining areas) that would remain consistent with:

• actions currently approved through the Development Consent DA 60-03-2001 (including Modifications) issued under the NSW planning system; • exploration activities approved under mining and exploration tenements issued under the NSW Mining Act, 1992, including CCL 768, Authorisation (AUTH) 143 and AUTH 338; and/or • aspects that form part of the approved Controlled Action under the EPBC Act (EPBC 2001/214).

In other words, the Dendrobium Mine operations which are not the subject of this referral include (but are not limited to):

• approved underground mining operations in the Wongawilli Seam at the Dendrobium Mine and associated surface activities (such as monitoring and remediation); • approved and continued operation of the Dendrobium Pit Top, Kemira Valley Coal Loading Facility, Kemira Valley Rail Line, Dendrobium CPP and Dendrobium Shafts Nos 1, 2 and 3; • approved and continued development and use of the West Cliff Stage 3 and Stage 4 Coal Wash Emplacement (approved under EPBC 2001/214 and EPBC 2010/5350, respectively); • non-subsiding underground roadways and development which would be used to access the Action underground mining areas; and • ongoing exploration activities at the Dendrobium Mine.

Underground Mining Operations

Longwall mining involves the extraction of rectangular panels of coal defined by underground roadways constructed around each longwall. The longwall mining machine travels back and forth across the width of the coal face progressively removing coal in slices from the panel. Once each slice of coal is removed from the longwall face, the hydraulic roof supports are moved forward, allowing the roof and a section of the overlying strata to fall behind the longwall (referred to as forming the ‘goaf’).

Extraction of coal by longwall mining methods results in the vertical and horizontal movement of the land surface. The land surface movements are referred to as subsidence effects. The type and magnitude of subsidence effects are dependent on a range of variables which include the mine geometry and topography, the depth of mining, the number of seams mined, the coal recovery from each seam, the nature of overlying strata and other geological factors. The subsidence impacts pertinent to the Action include non-conventional movements and systematic subsidence movements.

As part of the Action, underground mining activities would be undertaken on a continuous basis (24 hours per day, seven days per week).

001 Referral of proposed action v November 2016 Page 4 of 59 Over the life of the Action, the mining layout inside Area 5 and Area 6 would vary to account for factors that include: localised geological features; mine economics; coal market demand; detailed mine design considerations; and adaptive management.

Surface Infrastructure and Activities

Surface infrastructure and activities that would support the Action underground mining would include:

• upgrades and augmentations to the Cordeaux Pit Top (Figure 2) to allow personnel and materials access to the Action underground mining areas (if required); • development of two mine ventilation shafts and associated infrastructure to support the Action underground mining activities; • development of surface infrastructure associated with gas management and abatement to support the Action underground mining activities; and • monitoring, rehabilitation and remediation of subsidence and other mining effects associated with the Action underground mining areas.

Upgrades and augmentations to the Cordeaux Pit Top may involve minor additional surface disturbance activities and the development of additional underground access roads. Activities within existing disturbed areas would not form part of the Action.

Mine ventilation shafts and associated infrastructure would be developed as part of the Action to support underground mining activities. These ventilation shafts would be staged with the progression of mining and may be used as upcast shafts (including installation of fans) or downcast shafts, depending on the location of mining. The ventilation shafts would also require access roads, security (e.g. fencing), electrical infrastructure, water management and other associated ancillary infrastructure.

Gas management infrastructure would be required to support the Action for mine safety reasons (i.e. to maintain gas levels and compositions in the underground mine at safe levels).

The extent of surface disturbance related to the Action will be refined through mine planning, environmental assessment outcomes and consideration of alternatives. Based on the current understanding of the Action, this is anticipated to be less than 20 ha of surface disturbance.

Employment

The Dendrobium Mine currently employs approximately 270 personnel (direct employees). The Action would facilitate continued employment of the existing workforce.

Additional employment would be generated by construction activities and additional development requirements associated with the Action.

2.2 Feasible alternatives to taking the proposed action

Alternatives to the proposed location, mining methods and scale of the Action have been considered by Illawarra Coal in the development of the project description and design for the Action as described in Section 2.1. These considerations included:

• Action Location – the Action underground mining areas were identified over other potential areas by the presence of coal seams able to be economically mined in the vicinity of the Dendrobium Mine within mining tenements held by Illawarra Coal (and its subsidiaries) and able to achieve Illawarra Coal’s existing subsidence management commitments.

• Surface Infrastructure – The Action would minimise surface disturbance by maximising the use of the existing approved surface facilities at the Dendrobium Mine where possible. The locations of additional surface infrastructure are discussed in Section 2.3.

001 Referral of proposed action v November 2016 Page 5 of 59 • Mining Method – the depth, seam thickness and dip of the coal seams associated with the Action and the sensitivity of the overlying land use are more amendable to underground mining methods than open cut mining methods. Longwall mining was selected over other mining methods due to its superior productivity and suitability to extract the resource.

• Scale – the Action would involve extraction of run-of-mine (ROM) coal within the existing approved production limit of up to 5.2 million tonnes per annum of ROM coal. Current mine planning and infrastructure constraints indicate this is the optimal scale for the Action.

The extraction of underground coal from the Dendrobium Mine provides benefits at national, state and local levels. Illawarra Coal provides approximately 60% of BlueScope Steel’s coking coal requirements.

Benefits from the Dendrobium Mine occur through continuity of employment, expendable income, export earnings and government revenue. Illawarra Coal provides local jobs for its direct employees with an employment flow-on effect in the Illawarra and Wollondilly regions. More than 400 local businesses provide their goods and services to Illawarra Coal.

The Action would facilitate the continuation of benefits derived from the Dendrobium Mine. Not proceeding with the Action would result in a loss of operational continuity at the Dendrobium Mine.

The Dendrobium Mine has 270 direct employees. These jobs are reliant on maintaining continuity of longwall coal extraction at the Dendrobium Mine through the Action.

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

The exact locations and extent of surface infrastructure and activities related to the Action are not currently known and require refinement through mine planning, environmental assessment outcomes and consideration of alternatives.

Personnel and materials access for the Action may involve upgrades and augmentations to the Cordeaux Pit Top (currently under care and maintenance), with this requirement to be determined through further mine planning and feasibility investigations. The alternative use of the existing facilities at the Dendrobium Pit Top would not comprise part of the Action.

In addition, the exact timing for commencement of the Action has not yet been determined, however longwall mining in the Action underground mining areas could commence at the end of 2022. Extraction could occur until as late as the end of 2048.

2.4 Context, including any relevant planning framework and state/local government requirements

NSW Environmental Planning and Assessment Act, 1979

The EP&A Act and the NSW Environmental Planning and Assessment Regulation, 2000 set the framework for planning and environmental assessment in NSW.

Development Consent for the Dendrobium Mine – Plan for the Future: Coal for Steelmaking (the NSW Development Application) will be sought under the State Significant Development provisions (i.e. Division 4.1) under Part 4 of the EP&A Act.

Under section 89C of the EP&A Act a class of development such as mining may be declared as State Significant Development by a State Environmental Planning Policy.

The NSW Development Application is development that is declared as State Significant Development by the State Environmental Planning Policy (State and Regional Development) 2011. Development Consent will be sought from the NSW Minister for Planning (or delegate).

While the Action forms part of the proposed NSW Development Application, the Action only includes the elements described as part of the Action in Section 2.1.

001 Referral of proposed action v November 2016 Page 6 of 59 Other Leases, Licence and Approvals

Relevant leases, licences or approvals required under other NSW legislation would also be varied and/or obtained for the Action as required.

Under the NSW Mining Act, 1992, environmental protection and rehabilitation are regulated by conditions included in all mining leases, including requirements for the regular submission of a Mining Operations Plan, submission of Annual Environmental Management Reports and submission of Extraction Plans to reduce and manage potential impacts of subsidence.

2.5 Environmental impact assessments under Commonwealth, State or Territory legislation

An Environmental Impact Statement (EIS) will be prepared to accompany the NSW Development Application pursuant to Division 4.1 of Part 4 of the EP&A Act. The EIS will consider the potential impacts of the Action by addressing the Secretary’s Environmental Assessment Requirements to be issued by the NSW Department of Planning and Environment. Mr David Kitto (Executive Director, Resource Assessments and Business Systems) is the relevant contact officer at the NSW Department of Planning and Environment.

A description of the public consultation process is provided in Section 2.6 below.

2.6 Public consultation (including with Indigenous stakeholders)

Information on Illawarra Coal operations is provided to the community through the following mechanisms:

• a dedicated website (https://www.south32.net/our-operations/australia/illawarra-coal); • Dendrobium Community Consultative Committee meetings (with meeting minutes provided on the website and emailed direct to interested stakeholders); • Dendrobium Community Enhancement Program (a dedicated community-based social investment program to benefit the communities surrounding the Dendrobium Mine operations); • community information sheets and letter box drops; • media releases and other media activities; • general community surveys and reports; • Dendrobium News (an Illawarra Coal publication for the communities surrounding the Dendrobium Mine operations); • landholder relations program; and • information days and mine open days.

Engagement undertaken to date in relation to the Action has included:

• Consultation with representatives of the NSW Division of Resources and Energy and WaterNSW regarding ongoing exploration and mining activities in CCL 768. • Consultation with the NSW Department of Planning and Environment regarding the NSW Development Application and the lodgement of a request for Secretary’s Environmental Assessment Requirements. • A Conceptual Project Development Plan meeting with representatives of the Division of Resources and Energy on 29 July 2016. • Overview briefings on the Action to a number of NSW Government agencies (e.g. WaterNSW) when consulting on operational matters for the existing Dendrobium Mine. • Provision of information on the Action and offer for ongoing briefings with representatives of the Wollongong City Council, Wingecarribee Shire Council and Wollondilly Shire Council. • Ongoing consultation with the Dendrobium Community Consultative Committee.

001 Referral of proposed action v November 2016 Page 7 of 59 A stakeholder engagement program has been developed for the Action. Key objectives of this program are to:

• engage with government and public stakeholders about the Action; • seek input from key stakeholders on the elements of the Action; • recognise and respond to local interest or concerns regarding the Action; and • continue the ongoing dialogue between Illawarra Coal and its key stakeholders.

The consultation will include, but not necessarily be limited to, the following government agencies and authorities:

• Commonwealth Department of the Environment and Energy (DEE); • NSW Department of Planning and Environment; • WaterNSW; • NSW Office of Environment and Heritage (OEH) (including the National Parks and Wildlife Service [NPWS] and the Heritage Branch); • NSW Department of Industry, Skills and Regional Development (including the Division of Resources and Energy); • NSW Dams Safety Committee; • NSW Environment Protection Authority; • NSW Department of Primary Industries (DPI); • Transport for NSW (including Roads and Maritime Services); • Mine Subsidence Board; • Wollongong City Council; • Wingecarribee Shire Council; and • Wollondilly Shire Council.

The stakeholder engagement program also recognises other key stakeholders including:

• Dendrobium Community Consultative Committee; • Mt Kembla, Cordeaux Heights and Unanderra communities; • the Indigenous community; • local, State and Federal elected representatives; • interested non-Government organisations; • Dendrobium Mine employees; • infrastructure owners (such as Endeavour Energy and Jemena); and • local customers and suppliers.

The EIS engagement program will include the use of a variety of consultation mechanisms such as:

• public availability of key documents (e.g. the EIS); • existing community information mechanisms, including: - regular updates to the Dendrobium Community Consultative Committee; - community information sheets and letter box drops; - updates in the Dendrobium News;

001 Referral of proposed action v November 2016 Page 8 of 59 - provision of information on the website (https://www.south32.net/our-operations/australia/illawarra-coal); and - information days; • consultation with the Indigenous community; and • meetings with government agencies and other stakeholders.

Consultation with Indigenous stakeholders will be conducted in accordance with the requirements of the OEH policy Aboriginal cultural heritage consultation requirements for proponents 2010 (NSW Department of Environment, Climate Change and Water [DECCW], 2010a). This process will commence in early 2017 and involves:

• identifying, notifying and registering Indigenous stakeholders that hold cultural knowledge relevant to determining the cultural significance of Aboriginal objects and/or places in the area of the NSW Development Application; • informing registered Indigenous stakeholders about the NSW Development Application and the proposed cultural heritage assessment process; • facilitating a process to understand what might be present in the landscape and its cultural significance; • determining the potential impacts and the proposed strategies to deal with them; and • preparing an Aboriginal cultural heritage assessment report with input from registered Indigenous stakeholders (DECCW, 2010a).

2.7 A staged development or component of a larger action

The Action is not a component of a larger action.

The Action is related to the existing Dendrobium Mine as described below.

2.8 Related actions

The Action is an extension to the underground mining areas at the Dendrobium Mine to gain access to additional areas within CCL 768 and related surface infrastructure and activities.

The Action is separate from, but related to, the approved Dendrobium Mine.

The Dendrobium Mine, incorporating extraction of the Wongawilli Seam from an area north of the Eloura Mine, Woronora Plateau and associated works, was determined to be a Controlled Action (EPBC 2001/214) and was subsequently approved on 20 December 2001.

Coal wash associated with the Dendrobium Mine (including the Action) may continue to be emplaced at the West Cliff Stage 3 Coal Wash Emplacement (approved under EPBC 2001/214) and the West Cliff Stage 4 Coal Wash Emplacement (approved under EPBC 2010/5350).

The Action that is the subject of this referral under the EPBC Act relates to an extension to underground mining areas at the Dendrobium Mine and related additional surface infrastructure and activities that are necessary to support the extension and that have not previously been approved under the NSW planning system.

No modification to the conditions of EPBC 2001/214 or EPBC 2010/5350 would be required to facilitate the Action.

001 Referral of proposed action v November 2016 Page 9 of 59 3 Description of environment & likely impacts

3.1 Matters of national environmental significance

3.1 (a) World Heritage Properties Description

There are no World Heritage properties situated in the Action area or surrounds. The nearest World Heritage property to the Action is the Greater Blue Mountains Area (approximately 10,000 square kilometres) that includes a number of National Parks, including parts of Nattai National Park, situated approximately 15 kilometres (km) to the north-west of the Action.

Nature and extent of likely impact

The Action is unlikely to impact on a World Heritage property due to the distance between the Action and World Heritage properties. Secondary effects, including the Action’s contribution to global greenhouse gas emissions, would be relatively small. Accordingly, it is unlikely to cause any World Heritage values to be lost, any World Heritage values to be degraded or damaged, or any World Heritage values to be notably altered, modified, obscured or diminished.

As such, the Action would not have, and is not likely to have, a significant impact on the World Heritage values of any World Heritage property.

3.1 (b) National Heritage Places Description

There are no National Heritage Places situated in the Action area or surrounds. The nearest National Heritage Place to the Action is the Greater Blue Mountains Area, situated approximately 15 km to the north-west of the Action.

Nature and extent of likely impact

The Action is unlikely to impact on a National Heritage Place due to the distance between the Action and National Heritage Places. Secondary effects, including the Action’s contribution to global greenhouse gas emissions, would be relatively small. Accordingly, it is unlikely to cause any National Heritage values to be lost, any National Heritage values to be degraded or damaged, or any National Heritage values to be notably altered, modified, obscured or diminished.

As such, the Action would not have, and is not likely to have, a significant impact on the National Heritage values of any National Heritage Place.

001 Referral of proposed action v November 2016 Page 10 of 59 3.1 (c) Wetlands of International Importance (declared Ramsar wetlands) Description

There are no declared Ramsar wetlands situated in the Action area or surrounds.

The closest Ramsar wetland to the Action is the Towra Point Nature Reserve Ramsar Site, which is located on the southern shore of Botany Bay approximately 50 km north-east of the Action. The Towra Point Nature Reserve Ramsar Site is a tide-dominated estuarine system within the catchments of the Georges and Cook Rivers (DECCW, 2010b).

Nature and extent of likely impact

The Action is not located within the catchment of the Towra Point Nature Reserve Ramsar Site, or any other declared Ramsar wetland. Therefore, the Action is unlikely to impact on a declared Ramsar wetland. Secondary effects, including the Action’s contribution to global greenhouse gas emissions, would be relatively small.

As such, the Action would not have, and is not likely to have, a significant impact on the ecological character of a declared Ramsar wetland.

3.1 (d) Listed threatened species and ecological communities

The following subsections consider threatened ecological communities, threatened flora species and threatened fauna species in that order.

Description

Threatened Ecological Communities

The Sydney Catchment Authority (now WaterNSW) and the NPWS surveyed and mapped the flora communities of the Woronora, O’Hares and Metropolitan Special Areas, including the Action area (NPWS, 2003). Vegetation mapped in the Action area by NPWS (2003) is shown on Figure 4.

A list of threatened ecological communities under the EPBC Act that may have the potential to occur in the Action area was generated from a database search (i.e. EPBC Protected Matters Search Tool) with a 5 km buffer around the Action underground mining areas (Table 2) (DEE, 2016a). An assessment of the likelihood of occurrence of each of these communities is provided in Table 2 based on the mapping conducted by the NPWS (2003).

Two threatened ecological communities have been mapped within the Action area: Coastal Upland Swamps in the Sydney Basin Bioregion endangered ecological community (Coastal Upland Swamps EEC); and Shale Sandstone Transition Forest of the Sydney Basin Bioregion critically endangered ecological community (Shale Sandstone Transition Forest CEEC). The extent of these communities as mapped by the NPWS (2003) is provided on Figure 5. The extent of these communities will be refined as part of additional studies and surveys for the EIS.

001 Referral of proposed action v November 2016 Page 11 of 59 Table 2 Potential Threatened Ecological Communities

Conservation Distribution/Habitat Requirements in Relation Mapped in Action Area by Community Name Status1 to the Action NPWS (2003)

Coastal Upland Swamps E The Coastal Upland Swamps ecological community Yes. in the Sydney Basin occurs within the eastern part of the Sydney Basin Represented by Bioregion on the Woronora plateau and Bioregion MU42 (Upland Swamps Somersby-Hornsby plateaux (Threatened Species Banksia Thicket), Scientific Committee [TSSC], 2014a). MU43 (Upland Swamps The majority of swamps occur at elevations of 200 to Tea-tree Thicket) and 450 metres above sea level (ASL) primarily on MU44 (Upland Swamps poorly permeable sandstone plateaux in low relief Sedgeland-Heath Complex). headwater valleys of streams and on sandstone benches with abundant seepage moisture (TSSC, 2014b). Shale Sandstone CE Shale Sandstone Transition Forest occurs only Yes. Transition Forest of the within the Sydney Basin Bioregion on the edges of Represented by the Cumberland Plain and on the Sydney Basin Bioregion MU22 (Transitional Shale Dry sandstone-dominated Hornsby, Woronora, and Ironbark Forest) and Lower Blue Mountains plateaux that adjoin the plain MU23 (Transitional Shale (TSSC, 2014b). Stringybark Forest). This ecological community occurs between other ecological communities found respectively on shale or sandstone substrates (TSSC, 2014b). Castlereagh Scribbly Gum E The Castlereagh Scribbly Gum and Agnes Banks No. and Agnes Banks Woodlands ecological community is located in the The Action is located outside Sydney Basin Bioregion (TSSC, 2015a). The Woodlands of the Sydney of the mapped extent where ecological community occurs primarily on Tertiary Basin Bioregion the community may occur, and sands and gravels of the Hawkesbury-Nepean river the relevant geology is absent system (TSSC, 2015a). from the Action area. Cooks River/Castlereagh CE The Cooks River/Castlereagh Ironbark Forest No. Ironbark Forest of the ecological community is endemic to NSW within the The Action is located outside Sydney Basin Bioregion Cumberland subregion of the Sydney Basin of the mapped extent where Bioregion (TSSC, 2015b). The community occurs on the community may occur, and clay-rich soils derived from predominantly Tertiary the relevant geology is absent alluvium and on Wianamatta Shale derived soils from the Action area. found next to Tertiary alluvium (TSSC, 2015b). Southern Highlands Shale CE The Southern Highlands Shale Forest and No. Forest and Woodland in Woodland occurs within the southern part of the The Action is located outside the Sydney Basin Sydney Basin Bioregion (TSSC, 2015c). The of the mapped extent where ecological community occurs on the Southern Bioregion the community is likely to Highlands plateau and is associated with clay soils occur, and the relevant derived from Wianamatta Group shales geology is absent from the (TSSC, 2015c). Typically it occurs at elevations of Action area. between 470 metres to approximately 830 metres ASL (TSSC, 2015c). Turpentine-Ironbark Forest CE Turpentine–Ironbark Forest is limited to the Sydney No. in the Sydney Basin Basin Bioregion (TSSC, 2014c). This community is The Action is located outside Bioregion predominantly associated with relatively fertile clay of the mapped extent where soils derived from Wianamatta shale, and clay the community is likely to lenses of shale within Hawkesbury sandstone, less occur. commonly occurring on transitional areas between soils derived from the Wianamatta shale and Hawkesbury sandstone, or on soils derived from Holocene alluvium, or the Mittagong formation (TSSC, 2014c).

001 Referral of proposed action v November 2016 Page 12 of 59 Table 2 (Continued) Potential Threatened Ecological Communities

Conservation Distribution/Habitat Requirements in Relation to Mapped in Action Area by Community Name Status1 the Action NPWS (2003)

Upland Basalt Eucalypt E The Upland Basalt Eucalypt Forests community is No. Forests of the Sydney found on basalt and basalt-like substrates in, or The community has not been adjacent to, the Sydney Basin Bioregion (TSSC, Basin Bioregion mapped in the Action area, 2011). The ecological community usually occurs at which is located at elevations elevations between 650 metres and 1050 metres where this community does not ASL, although outliers may occur at elevations as low usually occur. as 350 metres or as high as 1200 metres ASL (TSSC, 2011). Western Sydney Dry CE Western Sydney Dry Rainforest and Moist Woodland No. Rainforest and Moist on Shale has a highly restricted distribution and is The Action is located outside of Woodland on Shale confined to sheltered slopes and gullies on steeply the mapped extent where the sloping, rugged topography mostly in the Cumberland community is likely to occur Plain sub-region (TSSC, 2013). The ecological and the elevations where this community is generally limited to elevations below community usually occurs. 300 metres ASL, occurring almost exclusively on clay soils derived from Wianamatta Group shales (TSSC, 2013). White Box-Yellow Box- CE The Box – Gum Grassy Woodlands and Derived No. Blakely's Red Gum Grassy Grasslands community occurs in an arc along the The community has not been Woodland and Derived western slopes and tablelands of the Great Dividing mapped in the Action area Range from Southern Queensland through NSW to Native Grassland (TSSC, 2006; NPWS, 2003). (Box – Gum Grassy central Victoria (TSSC, 2006). The ecological Woodlands and Derived community is associated with moderate to highly Grasslands) fertile soils of the western slopes of NSW. 1 Conservation status under the EPBC Act (current as of 11 October 2016). CE – Critically Endangered. E – Endangered.

Threatened Flora Species

A list of threatened flora species under the EPBC Act that have the potential to occur in the Action area was generated from database searches (i.e. EPBC Protected Matters Search Tool and the BioNet website) with a 5 km buffer around the Action underground mining areas (Table 3) (DEE, 2016a; OEH, 2016a). Threatened flora species database records potentially relevant to the Action are presented on Figure 6. An assessment of the likelihood of occurrence of each of these species is provided in Table 3 based on an assessment by Niche Environment and Heritage (Niche).

Flora surveys will be conducted in 2016 and 2017 for the EIS to supplement previous surveys in the surrounding area and contribute to the current knowledge of the presence of threatened species within the Action area.

001 Referral of proposed action v November 2016 Page 13 of 59 Table 3 Potential Threatened Flora Species

Source of Record

Conservation EPBC Distribution/Habitat Requirements in Likelihood of Occurrence Species 1 Protected 3 Status BioNet Relation to the Action within Action Area Matters Search2 Acacia bynoeana V   This species is found in central eastern High. (Bynoe's Wattle) NSW, from the Hunter District (Morisset) There are known records of south to the Southern Highlands and this species in proximity to the west to the Blue Mountains (OEH, Action (Figure 6) and suitable 2016b). It occurs in heath or dry habitat is present in the Action sclerophyll forest on sandy soils (OEH, area. 2016b). Allocasuarina E  - This species grows in Castlereagh None-Low. glareicola woodland on lateritic soil and is primarily The Action is located outside restricted to the Richmond (north-west of the known distribution of Cumberland Plain) district, but with an this species (OEH, 2016b) outlier population found at Voyager Point, and does not contain suitable Liverpool (OEH, 2016b). habitat. Caladenia V  - Approximately 20 populations of this Low. tessellata species are known from the South East The Action is located outside (Tessellated Coastal Plain, South East Corner, and of the known and predicted Spider Orchid) Sydney Basin Bioregions (DEE, 2016b). distribution of this species It is known to favour low, dry sclerophyll (OEH, 2016b). woodland with a heathy or sometimes grassy understorey on clay loams or sandy soils (DEE, 2016b). Cryptostylis V  - This species is known historically from a Low hunteriana number of localities on the NSW south The Action is located outside (Leafless Tongue coast and has been observed in recent of the known and predicted Orchid) years at many sites between Batemans distribution of this species Bay and Nowra (although it is uncommon (OEH, 2016b). at all sites) (OEH, 2016b). It has been reported to occur in a wide variety of habitats, with soils generally considered to be moist and sandy, however, this species is also known to grow in dry or peaty soils (DEE, 2016b). Cynanchum E  - This species is restricted to the area from Low elegans Wollongong north to south-east The Action is located outside (White-flowered Queensland and west to Mt Danger of the known and predicted Wax Plant) (DEE, 2016b). In the Illawarra region and distribution of this species Cumberland Plain, the majority of the (OEH, 2016b). populations of this species are found in small isolated remnant patches of dry rainforest (DEE, 2016b). Eucalyptus E  - This species has a moderately restricted Low macarthurii distribution, currently recorded from the The Action is located outside Moss Vale District to Kanangra Boyd of the known and predicted National Park (OEH, 2016b). It occurs on distribution of this species grassy woodland on relatively fertile soils (OEH, 2016b) and does not on broad cold flats (OEH, 2016b). contain suitable habitat. Genoplesium E  - This species has been recorded from Low. baueri locations between Ulladulla and Port The Action is located outside Stephens and is currently known from of the known and predicted just over 200 plants across 13 sites distribution of this species (OEH, 2016b). It grows in dry sclerophyll (OEH, 2016b). forest and moss gardens over sandstone (OEH, 2016b).

001 Referral of proposed action v November 2016 Page 14 of 59 Table 3 (Continued) Potential Threatened Flora Species

Source of Record

Conservation EPBC Distribution/Habitat Requirements in Likelihood of Occurrence Species 1 Protected 3 Status BioNet Relation to the Action within Action Area Matters Search2 Grevillea parviflora V   This species is endemic to NSW and Moderate. subsp. parviflora occurs sporadically throughout the There are known records of (Small-flower Sydney Basin (OEH, 2016b). It occurs on this species in proximity to the Grevillea) ridge crests, upper slopes or flat plains in Action (Figure 6) and suitable soils mostly derived from Tertiary sands habitat may be present in the or alluvium and from the Mittagong Action area on soils derived Formation with alternating bands of shale from the Mittagong Formation. and fine grained sandstones (OEH, 2016b). Haloragis exalata V  - This species occurs in 4 widely scattered None. subsp. exalata localities in eastern NSW (OEH, 2016b). The Action is located outside It appears to require protected and of the known and predicted shaded damp situations in riparian distribution of this species habitats (OEH, 2016b). (OEH, 2016b). Leucopogon V   The Action is located within the known Moderate. exolasius distribution of this species (OEH, 2016b). There are known records of (Woronora It inhabits woodland on sandstone (and this species in proximity to the Beard-heath) sandy alluvium) and prefers rocky Action (Figure 6) and suitable hillsides along creek banks (DEE, 2016b). habitat may be present in the Action area along rocky creeklines and river banks. Melaleuca V  - This species is only found in NSW, with Low. biconvexa scattered and dispersed populations The Action is located outside (Biconvex found in the Jervis Bay area in the south of the known and predicted Paperbark) and the Gosford-Wyong area in the north distribution of this species (OEH, 2016b). It occurs in damp areas, (OEH, 2016b). often near watercourses, on alluvium soils over shale (DEE, 2016b). Melaleuca deanei V   This species occurs in two distinct areas, Moderate. (Dean's Melaleuca) in the Ku-ring-gai/Berowra area and There are known records of Holsworthy/Wedderburn area (OEH, this species in proximity to the 2016b). It occurs mostly in ridgetop Action (Figure 6) and suitable woodland, with only 5% of sites in heath habitat may be present in the on sandstone (OEH, 2016b). Action area. In southern Sydney, the species is most often found on flat broad ridge tops more than 100 metres wide and the altitudinal range of is between 20 and 410 metres ASL (DECCW, 2010c). Pelargonium sp. E  - This species is known from 4 locations in Low. Striatellum NSW, with three on lake-beds on the The Action is located outside basalt plains of the Monaro and one at of the known and predicted Lake Bathurst (OEH, 2016b). It occurs at distribution of this species altitudes between 680 metres to (OEH, 2016b) and does not 1030 metres (OEH, 2016b). contain suitable habitat. Persoonia acerosa V  - This species has been recorded Moderate. (Mossy Geebung) on Newnes Plateau in the north, Hilltop in There are known records of the south, Lithgow/Jenolan in the west this species in proximity to the and Cordeaux Dam catchment in the east Action (Figure 6) and suitable (DEE, 2016b). It is found mostly on habitat may be present in the ridgetops and plateau areas, growing in Action area in ridgetop sandy topsoils over clayey subsoils woodlands. (DEE, 2016b).

001 Referral of proposed action v November 2016 Page 15 of 59 Table 3 (Continued) Potential Threatened Flora Species

Source of Record

Conservation EPBC Distribution/Habitat Requirements in Likelihood of Occurrence Species 1 Protected 3 Status BioNet Relation to the Action within Action Area Matters Search2 Persoonia V   This species is restricted to a small area Low-Moderate. bargoensis south-west of Sydney on the western This species has been (Bargo Geebung) edge of the Woronora Plateau and the recorded north of the Action northern edge of the Southern Highlands area (Figure 6). It could occur (DEE, 2016b). It grows in dry sclerophyll on ridgetop woodlands near eucalypt woodland or forest on the the shale sandstone interface. heavier, well drained, loamy, gravelly soils of Hawkesbury Sandstone and Wianamatta Shale, between 100 metres and 300 metres altitude (DEE, 2016b). Pimelea spicata E  - This species has a relatively scattered Low. (Spiked distribution in two disjunct areas: the The Action is located outside Rice-flower) Cumberland Plain area of western of the known and predicted Sydney; and the Illawarra Region near distribution of this species Wollongong, NSW (DEE, 2016b). The (OEH, 2016b) and the relevant western Sydney/Cumberland Plain geology and soils are absent populations occur on undulating to hilly from the Action area. country in remnant bushland on Wianamatta shales (DEE, 2016b). In the Illawarra, the species occurs on well-structured clay soils on coastal headlands (DEE, 2016b). Pomaderris V   This species is found in a very limited Low. brunnea area around the Colo, Nepean and The Action area is not (Rufous Hawkesbury Rivers, and also near considered to have the soils Pomaderris) Walcha on the New England tablelands preferred by this species. and in far eastern Gippsland in Victoria (OEH, 2016b). It grows in moist woodland or forest on clay and alluvial soils of floodplains and creek lines (Victorian Department of Environment and Sustainability, 2011). The nearby records for this species (Figure 6) date from 1957 and are considered of low accuracy in the Recovery Plan (Sutter, 2011). Pterostylis E  - This species is restricted to western Low. saxicola Sydney between Freemans Reach in the The Action is located outside (Sydney Plains north and Picton in the south (OEH, of the known and predicted Greenhood) 2016b). The plants grow at altitudes of distribution of this species 10 metres to 60 metres in heathy forest, (OEH, 2016b). sclerophyll forest or woodland (DEE, 2016b). Pultenaea aristata V   This species is restricted to the Known. (Prickly Bush-pea) Woronora Plateau (OEH, 2016b). The This species has been species occurs in either dry sclerophyll recorded in the Action area woodland or wet heath on sandstone (Figure 6). (OEH, 2016b). Pultenaea glabra V  - This species is restricted to the higher Low. Blue Mountains (DEE, 2016b). It grows The Action is located outside on swamp margins, hillslopes, gullies of the known and predicted and creekbanks at 400 metres to 1000 distribution of this species metres altitude (DEE, 2016b). (OEH, 2016b).

001 Referral of proposed action v November 2016 Page 16 of 59 Table 3 (Continued) Potential Threatened Flora Species

Source of Record

Conservation EPBC Distribution/Habitat Requirements in Likelihood of Occurrence Species 1 Protected 3 Status BioNet Relation to the Action within Action Area Matters Search2 Thelymitra CE  - This species is endemic to the Central Low. kangaloonica Coast/Tablelands of NSW, in the Fitzroy The Action is located outside (Kangaloon Falls/Robertson/Kangaloon area (DEE, of the known and predicted Sun-orchid) 2016b). The species grows in seasonally distribution of this species swampy sedgeland on grey silty clay (OEH, 2016b). loam at 600 metres to 700 metres ASL (DEE, 2016b). Thesium austral V  - The distribution of this species is Low. (Austral Toadflax) sporadic but widespread, occurring The Action is located outside between the Bunya Mountains in south- of the known and predicted east Queensland to north-east Victoria distribution of this species (DEE, 2016b). In NSW, it occurs on the (OEH, 2016b). coast, tablelands and western slopes (DEE, 2016b). 1 Conservation status under the EPBC Act (current as of 11 October 2016). CE – Critically Endangered. E – Endangered. V – Vulnerable. 2 DEE (2016a). 3 OEH (2016a). Note this database includes records from the Atlas of NSW Wildlife, Royal Botanical Gardens and Domain Trust, Forests NSW and the Australian Museum.

Threatened Fauna Species

A list of threatened fauna species under the EPBC Act that have the potential to occur in the Action area was generated from database searches (i.e. EPBC Protected Matters Search Tool and the BioNet website) with a 5 km buffer around the Action underground mining areas (Table 4) (DEE, 2016a; OEH, 2016a). Threatened fauna species database records are presented on Figure 7. An assessment of the likelihood of occurrence of each of these species is provided in Table 4 based on an assessment by Niche.

Fauna surveys will be conducted in 2016 and 2017 for the EIS to supplement previous surveys in the surrounding area and contribute to the knowledge of the presence of threatened species within the Action area.

Table 4 Potential Threatened Fauna Species

Source of Record

Conservation EPBC Distribution/Habitat Requirements in Likelihood of Occurrence Species 1 Protected 3 Status BioNet Relation to the Action within Action Area Matters Search2 Fish Macquaria E  - This species is found the Lachlan, Known. australasica Murrumbidgee and Murray Rivers, and This species has been (Macquarie Perch) parts of south-eastern coastal NSW, recorded in the Avon River, including the Hawkesbury/Nepean and Cordeaux River, Lake Shoalhaven catchments (DPI, 2016a). Cordeaux and Wongawilli The species is a riverine, schooling Creek in the area surrounding species. It prefers clear water and deep, the Action (DPI, 2016b). rocky holes with lots of cover (DEE, 2016b). Spawning occurs just above riffles (DEE, 2016b).

001 Referral of proposed action v November 2016 Page 17 of 59 Table 4 (Continued) Potential Threatened Fauna Species

Source of Record

Conservation EPBC Distribution/Habitat Requirements in Likelihood of Occurrence Species 1 Protected 3 Status BioNet Relation to the Action within Action Area Matters Search2 Amphibians Heleioporous V   This species is confined to the eastern Known. australiacus (Giant slopes of the Great Dividing Range and This species has been Burrowing Frog) coastal regions from near Mt Coridudgy recorded in the Action area and Kings Cross in NSW to Walhalla in (Figure 7). the central highlands of eastern Victoria (DEE, 2016b). It is found in heath, woodland and open dry sclerophyll forest on a variety of soil types except those that are clay based (OEH, 2016b). Breeding habitat of this species is generally soaks or pools within first or second order streams, as well as 'hanging swamp' seepage lines and where small pools form from the collected water (OEH, 2016b). Litoria aurea V  - This species occurs mainly along coastal Low. (Green and Golden lowland areas of eastern NSW and This species has not been Bell Frog) Victoria (DEE, 2016b). recorded by numerous It inhabits marshes, dams and previous amphibian surveys stream-sides, particularly those at the Dendrobium Mine and containing bullrushes (Typha spp.) or surrounds. spikerushes (Eleocharis spp.) (OEH, 2016b). Litoria littlejohni V   This species is confined to eastern NSW Known. (Littlejohn’s Tree and north-east Victoria in scattered This species has been Frog) locations between the Watagan recorded in the Action area Mountains in NSW to Buchan in Victoria (Figure 7). (DEE, 2016b). This species breeds in the upper reaches of permanent streams and in perched swamps (OEH, 2016b). Non-breeding habitat is heath based forests and woodlands (OEH, 2016b). Mixophyes balbus V  - This species is restricted to the eastern Low. (Stuttering Frog) slopes of the Great Divide, from the Cann The Action is located outside River catchment in far East Gippsland, of the known distribution of Victoria, to tributaries of the Timbarra this species (OEH, 2016b). River near Drake, NSW (DEE, 2016b). This species has not been It is typically found in association with recorded by numerous permanent streams through temperate previous amphibian surveys and sub-tropical rainforest and wet at the Dendrobium Mine and sclerophyll forest (DEE, 2016b). surrounds. Reptiles Hoplocephalus V   This species is restricted to the Known. bungaroides sandstone ranges in the Sydney Basin This species has been (Broad-headed and within a radius of approximately recorded in the Action area Snake) 200 km of Sydney (DEE, 2016b). (Figure 7). It is often found in rocky outcrops and adjacent sclerophyll forest and woodland, with the most suitable sites occurring in sandstone ridgetops (DEE, 2016b).

001 Referral of proposed action v November 2016 Page 18 of 59 Table 4 (Continued) Potential Threatened Fauna Species

Source of Record

Conservation EPBC Distribution/Habitat Requirements in Likelihood of Occurrence Species 1 Protected 3 Status BioNet Relation to the Action within Action Area Matters Search2 Birds Anthochaera CE  - This species is endemic to south-eastern Low. phrygia Australia, where it is widespread but with The key tree and mistletoe (Regent an extremely patchy distribution species for the Regent Honeyeater) (DEE, 2016b). The Action is not located Honeyeater (DotE, 2016) are in the vicinity of a known breeding area not associated with the (Department of the Environment [DotE], vegetation communities 2016). mapped in the Action area It is a generalist forager, but is typically (NPWS, 2003). associated with plant species that reliably produce copious amounts of nectar, such as Mugga Ironbark, Yellow Box, White Box and Yellow Gum (OEH, 2016b). Botaurus E  - This species is widespread but Low. poiciloptilus uncommon over south-eastern Australia The Action is located outside (Australasian (OEH, 2016b). The species favours of the known and predicted Bittern) permanent and seasonal freshwater distribution of this species habitats, particularly those dominated by (OEH, 2016b). sedges, rushes and/or reeds or cutting grass growing over muddy or peaty substrate (DEE, 2016b). Dasyornis E  - The distribution of this species has Low. brachypterus contracted to three disjunct areas of The Action is located outside (Eastern south-eastern Australia (OEH, 2016b). of the known and predicted Bristlebird) Habitat for central and southern distribution of this species populations is characterised by dense, (OEH, 2016b). low vegetation including heath and open woodland with a heathy understorey (OEH, 2016b). Habitat primarily occurs as coastal, subcoastal and coastal escarpment scrubland / grassland / sedgeland and as open grassy forest on inland ranges (OEH, 2012). Grantiella picta V  - The greatest concentration of this Low. (Painted species and almost all breeding occurs The Action is located outside Honeyeater) on the inland slopes of the Great Dividing of the known and predicted Range in NSW, Victoria and southern distribution of this species Queensland (OEH, 2016b). It inhabits (OEH, 2016b). Boree/Weeping Myall, Brigalow and Box-Gum Woodlands and Box-Ironbark Forests (OEH, 2016b). Lathamus discolor CE  - This species is endemic to south-eastern Low. (Swift Parrot) Australia. It breeds only in Tasmania, and The Action is located outside migrates to mainland Australia in autumn of the known and predicted (DEE, 2016b). On the mainland it occurs distribution of this species in areas where eucalypts are flowering (OEH, 2016b). profusely or where there are abundant lerp infestations (OEH, 2016b). Rostratula australis E  - The Australian Painted Snipe has been None. (Australian Painted recorded at wetlands in all states of The Action is located outside Snipe) Australia, although is most common in of the known and predicted eastern Australia (DEE, 2016b). It distribution of this species generally inhabits shallow terrestrial (OEH, 2016b). freshwater (occasionally brackish) wetlands, including temporary and permanent lakes, swamps and claypans (DEE, 2016b).

001 Referral of proposed action v November 2016 Page 19 of 59 Table 4 (Continued) Potential Threatened Fauna Species

Source of Record

Conservation EPBC Distribution/Habitat Requirements in Likelihood of Occurrence Species 1 Protected 3 Status BioNet Relation to the Action within Action Area Matters Search2 Mammals Chalinolobus V   The species' current distribution is poorly Moderate. dwyeri known, although available records There are records of this (Large-eared Pied suggest that the largest concentrations of species in proximity to the Bat) populations appear to be in the Action (Figure 7). sandstone escarpments of the Sydney Basin and the north-west slopes (Queensland Department of Environment and Resource Management, 2011). Sandstone cliffs and fertile woodland valley habitat within close proximity of each other provide important habitat for this species (Queensland Department of Environment and Resource Management, 2011). Dasyurus E   In NSW, records of this species are Moderate. maculatus generally confined to within 200 km of the There are records of this maculatus coast and range from the Queensland species in proximity to the (Spotted-tailed border to Kosciuszko National Park Action (Figure 7). Quoll) (DEE, 2016b). Several disjunct populations are known between the Border Ranges and the Blue Mountains/Illawarra area (DEE, 2016b). Individual animals use hollow-bearing trees, fallen logs, small caves, rock outcrops and rocky-cliff faces as den sites (OEH, 2016b). Isoodon obesulus E   Within NSW, the Southern Brown Low-Moderate. obesulus Bandicoot (eastern) is almost exclusively The Action is located outside (Southern Brown restricted to the coastal fringe of the of the known and predicted Bandicoot) state, from the southern side of the distribution of this species Hawkesbury River in the north to the (OEH, 2016b), however there Victorian border in the south (DEE, are records of this species in 2016b). It is generally only found in proximity to the Action (Figure heath or open forest with a heathy 7). understorey on sandy or friable soils (OEH, 2016b). Petauroides volans V  - This species is restricted to eastern Low-Moderate. (Greater Glider) Australia, occurring from the Windsor There is a lack of taller Tableland in north Queensland through to montane, moist eucalypt central Victoria (TSSC, 2016). It is forest in the Action area. typically found in highest abundance in taller, montane, moist eucalypt forests with relatively old trees and abundant hollows (TSSC, 2016). Petrogale V  - The range of this species extends from Low. penicillata south-east Queensland to the Grampians The Action is located outside (Brush-tailed Rock- in western Victoria, roughly following the of the known and predicted wallaby) line of the Great Dividing Range (OEH, distribution of this species 2016b). Rocky outcrops appear crucial (OEH, 2016b). to current habitat selection by this species, however, vegetation structure and composition is also considered to be an important factor (DEE, 2016b).

001 Referral of proposed action v November 2016 Page 20 of 59 Table 4 (Continued) Potential Threatened Fauna Species

Source of Record

Conservation EPBC Distribution/Habitat Requirements in Likelihood of Occurrence Species 1 Protected 3 Status BioNet Relation to the Action within Action Area Matters Search2 Mammals (Cont.) Phascolarctos V   The Koala has a fragmented distribution Known. cinerus throughout eastern Australia from This species has been (Koala) north-east Queensland to the Eyre recorded in the Action area Peninsula in South Australia (OEH, (Figure 7). 2016b). It inhabits eucalypt woodlands and forests (OEH, 2016b). Potorous V  - In NSW, this species is generally Low. tridactylus restricted to coastal heaths and forests The Action is located outside east of the Great Dividing Range, with an tridactylus of the known and predicted (Long-nosed annual rainfall exceeding 760 millimetres distribution of this species Potoroo) (OEH, 2016b). There is considered to be (OEH, 2016b). no consistent pattern to the habitat for this species, however the main factors would appear to be access to some form of dense vegetation for shelter and the presence of an abundant supply of fungi for food (DEE, 2016b). Pseudomys V  - This species has a fragmented Low. novaehollandiae distribution across Tasmania, Victoria, There is not considered to be (New Holland NSW and Queensland, and is now suitable habitat in the Action Mouse) largely restricted to the coast of central area. and northern NSW (DEE, 2016b). Soil type may be an important indicator of suitability of habitat for the New Holland Mouse, with deeper top soils and softer substrates being preferred for digging burrows (DEE, 2016b). Pteropus V   This species occurs in the coastal belt Moderate. poliocephalus from Rockhampton in central Queensland There are records of this (Grey-headed to Melbourne in Victoria (DEE, 2016b). It species in proximity to the Flying-Fox) occurs in subtropical and temperate Action (Figure 7) and the rainforests, tall sclerophyll forests and species is likely to fly over the woodlands, heaths and swamps as well study area from time to time. as urban gardens and cultivated fruit crops (OEH, 2016b). No roosting sites are known from the Action area Roosting sites are generally located (Niche, pers. comm.). within 20 km of a regular food source and are commonly found in gullies, close to water, in vegetation with a dense canopy (OEH, 2016b). Site fidelity to roosting sites is high, and the bats travel up to 50 km from the roost to forage (OEH, 2016b). 1 Conservation status under the EPBC Act (current as of 11 October 2016). CE – Critically Endangered. E – Endangered. V – Vulnerable. 2 DEE (2016a). 3 OEH (2016a). Note this database includes records from the Atlas of NSW Wildlife, Royal Botanical Gardens and Domain Trust, Forests NSW and the Australian Museum.

001 Referral of proposed action v November 2016 Page 21 of 59 Nature and extent of likely impact

Threatened Ecological Communities

As described above, two threatened ecological communities have been mapped by NPWS (2003) within the Action area: Coastal Upland Swamps EEC; and Shale Sandstone Transition Forest CEEC.

Coastal Upland Swamps in the Sydney Basin Bioregion Endangered Ecological Community

Direct surface disturbance of Coastal Upland Swamps EEC would be restricted to environmental and subsidence monitoring activities. There is also some potential for direct disturbance associated with subsidence remediation activities.

Indirect disturbance can occur through subsidence. Subsidence can cause changes in swamp hydrology through two broad mechanisms (NSW Department of Planning and Environment, 2015): • the bedrock below the swamp fractures as a consequence of strains and, as a result, shallow perched groundwater (whether permanent or ephemeral) drains more readily; and/or • tilting, cracking, desiccation and/or changes in vegetation health result in concentration of runoff and erosion which alters water distribution in the swamp.

The likelihood of these changes in Coastal Upland Swamps above the Action underground mining areas and the significance of any impacts can only be determined following further mine planning, collection of additional baseline data and completion of the environmental studies for the EIS (in particular subsidence predictions, water studies and biodiversity assessments).

Shale Sandstone Transition Forest of the Sydney Basin Bioregion Critically Endangered Ecological Community

The requirement for surface disturbance of Shale Sandstone Transition Forest CEEC for the Action has not yet been determined. The extent of surface disturbance related to the Action will be refined through mine planning, environmental assessment outcomes and consideration of alternatives (including any potential for avoidance).

Slope and ridgeline vegetation communities such as the Shale Sandstone Transition Forest CEEC are not considered dependent on groundwater. Therefore, it is considered that the Shale Sandstone Transition Forest CEEC is unlikely to be impacted by subsidence due to the Action. This is consistent with observations and data from mining at the Dendrobium Mine to date (over more than 10 years) in similar terrain and vegetation. On this basis, there is not expected to be a significant impact on Shale Sandstone Transition Forest CEEC as a result of subsidence from the Action.

Conclusion

Since the mine design and environmental studies undertaken for the Action are preliminary, the potential impacts on Coastal Upland Swamps EEC and Shale Sandstone Transition Forest CEEC are uncertain. Illawarra Coal would investigate opportunities to avoid, minimise, mitigate and offset significant impacts during the detailed mine planning process.

Threatened Flora Species

Surface infrastructure and activities that would support the Action would likely be able to avoid disturbance of known records of threatened flora species due to flexibility in the final locations. As described above, slope and ridgeline vegetation which are not dependent on groundwater are unlikely to be impacted by subsidence due to the Action. This is consistent with observations and data from mining at the Dendrobium Mine to date (over more than 10 years) in similar terrain and vegetation.

001 Referral of proposed action v November 2016 Page 22 of 59 For those species with a low likelihood of occurrence, the Action is not likely to impact these species given the absence of records, lack of suitable habitat and the nature and extent of proposed disturbance. Table 5 evaluates the nature and extent of likely impacts on each threatened flora species identified in Table 3 with a moderate or higher likelihood of occurrence.

Table 5 Potential Impacts on Flora Species and their Habitats

Likelihood of Occurrence Species Nature and Extent of Likely Impacts within Action Area Acacia bynoeana High Not likely to be a significant impact. (Bynoe's Wattle) The Action is not likely to significantly impact this species as known records of this species would likely be avoided by surface infrastructure and activities that would support the Action. Subsidence is unlikely to modify, destroy, remove or isolate or decrease the availability or quality of habitat to the extent that the species is likely to decline. Grevillea parviflora subsp. Moderate Not likely to be a significant impact. parviflora The Action is not likely to significantly impact this species as any surveyed (Small-flower Grevillea) records of this species would likely be avoided by surface infrastructure and activities that would support the Action. Subsidence is unlikely to modify, destroy, remove or isolate or decrease the availability or quality of habitat to the extent that the species is likely to decline. Leucopogon exolasius Moderate Not likely to be a significant impact. (Woronora Beard-heath) The Action is not likely to significantly impact this species as any surveyed records of this species would likely be avoided by surface infrastructure and activities that would support the Action. Subsidence is unlikely to modify, destroy, remove or isolate or decrease the availability or quality of habitat to the extent that the species is likely to decline. Melaleuca deanei Moderate Not likely to be a significant impact. (Dean's Melaleuca) The Action is not likely to significantly impact this species as any surveyed records of this species would likely be avoided by surface infrastructure and activities that would support the Action. Subsidence is unlikely to significantly modify, destroy, remove or isolate or decrease the availability or quality of habitat to the extent that the species is likely to decline. Persoonia acerosa Moderate Not likely to be a significant impact. (Mossy Geebung) The Action is not likely to significantly impact this species as any surveyed records of this species would be avoided by surface infrastructure and activities that would support the Action. Subsidence is unlikely to modify, destroy, remove or isolate or decrease the availability or quality of habitat to the extent that the species is likely to decline. Persoonia bargoensis Low-Moderate Not likely to be a significant impact. (Bargo Geebung) The Action is not likely to significantly impact this species as any surveyed records of this species would likely be avoided by surface infrastructure and activities that would support the Action. Subsidence is unlikely to modify, destroy, remove or isolate or decrease the availability or quality of habitat to the extent that the species is likely to decline. Pultenaea aristata Known Not likely to be a significant impact. (Prickly Bush-pea) Any surveyed records of this species would likely be avoided by surface infrastructure and activities that would support the Action. This species has been recorded in the vicinity of the Action area along the drier edges of upland swamps, and is therefore unlikely to be influenced by potential hydrological changes in upland swamps (Niche, 2012). Large populations of Pultenaea aristata are known to occur on the Woronora Plateau with population estimates indicating that populations of the species regularly exceed tens of thousands of plants at any one location and that these populations are common (Niche, 2012). Large areas of potential habitat for this species occur within the Action area and surrounds, with large populations recorded within conservation reserves (Niche, 2012). On the basis of the above, the Action is unlikely to reduce the area of occupancy, lead to a long-term decrease in size or fragment an existing important population. Subsidence is considered unlikely to impact on known pollination and dispersal mechanisms of the species (ants and insect species) (Niche, 2012).

001 Referral of proposed action v November 2016 Page 23 of 59 Threatened Fauna Species

Slope and ridgeline vegetation which are not dependent on groundwater are unlikely to be impacted by subsidence due to the Action, and therefore fauna species that are reliant on these habitats are also unlikely to be impacted by subsidence due to the Action.

Based on experience at the existing Dendrobium Mine in similar terrain, impacts on cliff lines and rock outcrops within the Action area are likely to be minimal, with minimal occurrence of rock falls and a very low likelihood of large scale cliff collapses or slope failures. Although rock falls may alter roosting or sheltering habitat for a range of species, new habitat for these species would also be likely to be created. In particular the NSW Government’s, Southern Coalfield Panel Inquiry report (NSW Department of Planning, 2008) concluded:

There is little to no evidence that vegetation or fauna habitats have been significantly altered as a result of cliff falls associated with subsidence. The existence of the cliff with a rocky talus slope below is a demonstration that these are dynamic environments, where rock falls are not uncommon over significant periods of time.

Potential subsidence related impacts on riparian and upland swamp fauna habitat would be determined following further mine planning, collection of additional baseline data and completion of the environmental studies for the EIS (in particular subsidence predictions, water studies and biodiversity assessments).

For those species with a low likelihood of occurrence, the Action is not likely to impact these species given the absence of records, lack of suitable habitat and the nature and extent of proposed disturbance. Table 6 evaluates the nature and extent of likely impacts on each threatened fauna species identified in Table 4 with a moderate or higher likelihood of occurrence.

Table 6 Potential Impacts on Fauna Species and their Habitats

Likelihood of Occurrence Species Nature and Extent of Likely Impacts within Action Area Fish Macquaria australasica Known Not likely to be a significant impact. (Macquarie Perch) The Action would avoid direct subsidence impacts on the watercourses where the Macquarie Perch has been recorded (Avon River, Cordeaux River, Lake Cordeaux and Wongawilli Creek). In addition, the Action would incorporate measures to have a net neutral or beneficial effect on water quality in the Avon Dam and Cordeaux Dam catchments. Therefore, the flow and water quality in the watercourses where this species has been recorded are unlikely to be materially affected to the extent that it would reduce the area of occupancy of this species, adversely affect habitat critical to the survival of this species or disrupt the breeding cycle. The Action is unlikely to modify, destroy, remove, isolate or decrease the availability or quality of habitat to the extent that this species is likely to decline. Amphibians Heleioporous australiacus Known Potential impacts are uncertain at this stage and require additional (Giant Burrowing Frog) assessment. The significance of any impacts on the habitat for this species (in particular upland swamp and riparian habitat) can only be determined following further mine planning, additional baseline surveys and completion of the environmental studies for the EIS (in particular subsidence predictions, water studies and biodiversity assessments). Illawarra Coal would investigate opportunities to avoid, minimise, mitigate and offset significant impacts during the detailed mine planning process. Litoria littlejohni Known Potential impacts are uncertain at this stage and require additional (Littlejohn’s Tree Frog) assessment. The significance of any impacts on the habitat for this species (in particular upland swamp and riparian habitat) can only be determined following further mine planning, additional baseline surveys and completion of the environmental studies for the EIS (in particular subsidence predictions, water studies and biodiversity assessments). Illawarra Coal would investigate opportunities to avoid, minimise, mitigate and offset significant impacts during the detailed mine planning process.

001 Referral of proposed action v November 2016 Page 24 of 59 Table 6 (Continued) Potential Impacts on Fauna Species and their Habitats

Likelihood of Occurrence Species Nature and Extent of Likely Impacts within Action Area Reptiles Hoplocephalus bungaroides Known Not likely to be a significant impact. (Broad-headed Snake) Clearing of habitat potentially of benefit to this species would occur at point scale rather than at landscape scale and is unlikely to be of a scale that could lead to the creation of two or more populations. This species is often found in rocky outcrops. Given the predicted low incidence of rock falls, it is considered that rock falls resulting from mine subsidence would likely have only small impacts, if any, on potential shelter or retreat sites for the Broad-headed Snake. The Action would not lead to a long-term decrease in the size or area of occupancy of an important population of this species. Mammals Chalinolobus dwyeri Moderate Not likely to be a significant impact. (Large-eared Pied Bat) Clearing of habitat potentially of benefit to this species would occur at point scale rather than at landscape scale and is unlikely to be of a scale that could lead to the creation of two or more populations, particularly given the high mobility of the species and the extensive habitat available in the broader area. This bat has been known to roost in caves, overhangs, disused mine shafts, and abandoned fairy martin nests (Queensland Department of Environment and Resource Management, 2011). Given the predicted low incidence of rock falls, it is considered that rock falls resulting from mine subsidence would likely have only small impacts, if any, on potential roosting, foraging or breeding sites for the Large-eared Pied Bat. The Action would not lead to a long-term decrease in the size or area of occupancy of an important population of this species. Dasyurus maculatus Moderate Not likely to be a significant impact. maculatus Clearing of habitat potentially of benefit to this species would occur at point (Spotted-tailed Quoll) scale rather than at landscape scale and is unlikely to be of a scale that (SE Mainland Population) could lead to the creation of two or more populations, particularly given the extensive habitat in the Action area and surrounds. This species uses multiple dens and usually moves between them every 1-4 days (Victorian Department of Environment, Land, Water and Planning, 2016). Recorded den sites include rock crevices, hollow logs, hollow tree buttresses, tree hollows, windrows, clumps of vegetation, caves and boulder tumbles, under buildings and underground burrows (Victorian Department of Environment, Land, Water and Planning, 2016). Subsidence is unlikely to have a significant, broad-scale, long-term impact on the extensive habitat for this species in the Action area and surrounds and therefore is unlikely to lead to a material long-term decrease in the size or area of occupancy of this species. Isoodon obesulus obesulus Low-Moderate Not likely to be a significant impact. (Southern Brown Bandicoot) Clearing of habitat potentially of benefit to this species would occur at point (Eastern) scale rather than at landscape scale and is unlikely lead to a long-term decrease in the size of a population or fragment an existing population into two or more populations, particularly given the absence of records within the Action area. Petauroides volans Low-Moderate Not likely to be a significant impact. (Greater Glider) Clearing of habitat potentially of benefit to this species would occur at point scale rather than at landscape scale and is unlikely to be of a scale that could lead to the creation of two or more populations. The habitat for this species is unlikely to be impacted by subsidence due to the Action. The Action would not lead to a long-term decrease in the size or area of occupancy of an important population of this species.

001 Referral of proposed action v November 2016 Page 25 of 59 Table 6 (Continued) Potential Impacts on Fauna Species and their Habitats

Likelihood of Occurrence Species Nature and Extent of Likely Impacts within Action Area Mammals (Cont.) Phascolarctos cinerus Known Not likely to be a significant impact. (Koala) (Combined Clearing of habitat potentially of benefit to this species would occur at point Population of Qld, NSW and scale rather than at landscape scale and is unlikely to be of a scale that the ACT) could lead to the creation of two or more populations. The habitat for this species is unlikely to be impacted by subsidence due to the Action. The Action would not lead to a long-term decrease in the size or area of occupancy of an important population of this species. Pteropus poliocephalus Moderate Not likely to be a significant impact. (Grey-headed Flying-Fox) No roosting sites are known from the Action area (Niche, pers. comm.). Clearing of foraging habitat for this species would occur at point scale rather than at landscape scale and is unlikely to be of a scale that could lead to the creation of two or more populations. The foraging habitat for this species is unlikely to be impacted by subsidence due to the Action. The Action would not lead to a long-term decrease in the size or area of occupancy of an important population of this species.

3.1 (e) Listed migratory species Description

Migratory species are those animals that migrate to Australia and its external territories, or pass through or over Australian waters during their annual migrations (DEE, 2016c).

Table 7 provides a list of migratory fauna species listed under the EPBC Act that have the potential to occur in the Action area. This list was generated from an EPBC Protected Matters Search Tool search with a 5 km buffer around the Action underground mining areas (DEE, 2016a). An assessment of the likelihood of occurrence of each of these species is provided in Table 7 based on an assessment by Niche. For many species in Table 7, the Action area lacks the extent or presence of habitat needed to support them other than to allow for occasional appearances as nomads, vagrants or individuals with ‘passing through’ status. At any one time, appearances of these species within the Action area would represent a very small sample of their wider populations.

Table 7 Potential Migratory Species

Likelihood of Species Distribution/Habitat Requirements in Relation to the Action Occurrence within Action Area Apus pacificus Habitat for this species within the Action area is non-breeding habitat only (DotE, Moderate (Fork-tailed Swift) 2015). It is found across a range of habitats, from inland open plains to wooded areas, where it is exclusively aerial (DotE, 2015). Cuculus optatus Habitat for this species within the Action area is non-breeding habitat only Low (Oriental Cuckoo) (DotE, 2015). It spends the non-breeding season in coastal regions across northern and eastern Australia as well as offshore islands (DotE, 2015). Hirundapus caudacutus Habitat for this species within the Action area is non-breeding habitat only Low (White-throated Needletail) (DotE, 2015). It is found across a range of habitats, more often over wooded areas, where it is almost exclusively aerial (DotE, 2015). Monarcha melanopsis This species is widespread in the east, occurring along coasts and east slopes and Low (Black-faced Monarch) tablelands of Great Divide (DotE, 2015). It is a wet forest specialist, found mainly in rainforest and wet sclerophyll forest, especially in sheltered gullies and slopes with a dense understorey of ferns and/or shrubs (DotE, 2015).

001 Referral of proposed action v November 2016 Page 26 of 59 Table 7 (Continued) Potential Migratory Species

Likelihood of Species Distribution/Habitat Requirements in Relation to the Action Occurrence within Action Area Monarcha trivirgatus In NSW, this species is found on the coast and eastern slopes of the Great Low (Spectacled Monarch) Dividing Range to the northern Hunter region; with occasional records further south at sites around Newcastle, Central Coast and Sydney (DotE, 2015). Important habitat includes dense vegetation, mainly in rainforest but also in moist forest or wet sclerophyll and occasionally in other dense vegetation such as mangroves, drier forest and woodlands (DotE, 2015). Motacilla flava Habitat for this species within the Action area is non-breeding habitat only None (Yellow Wagtail) (DotE, 2015). Habitat requirements for this species are highly variable, but typically include open grassy flats near water (DotE, 2015). Myiagra cyanoleuca In NSW, this species is widespread on and east of the Great Dividing Range Low (Satin Flycatcher) (DotE, 2015). This species is found in Eucalypt forest and woodlands, at high elevations when breeding (DotE, 2015). Rhipidura rufifrons In NSW this species is widespread on and east of the Great Dividing Range, Low (Rufous Fantail) sometimes recorded further west (DotE, 2015). Important habitat includes moist, dense habitats, including mangroves, rainforest, riparian forests and thickets, and wet eucalypt forests with a dense understorey (DotE, 2015). Gallinago hardwickii Latham's Snipe is a non-breeding visitor to south-eastern Australia (DEE, 2016b). Low (Latham's Snipe) In Australia, Latham's Snipe occurs in permanent and ephemeral wetlands up to 2,000 metres ASL (DEE, 2016b). Pandion haliaetus There is no important habitat for this species within the Action area (DotE, 2015). Low (Osprey) The Action is located outside of the known and predicted distribution of this species (OEH, 2016b). Tringa nebularia This shorebird species does not breed in Australia, however occurs in all types of None (Common Greenshank) wetlands (DEE, 2016b).

Nature and extent of likely impact

The Action is not likely to have a significant impact on migratory species listed under the EPBC Act as it is unlikely that the Action would:

• substantially modify, destroy or isolate an area of important habitat for a migratory species; • result in an invasive species that is harmful to the migratory species becoming established in an area of important habitat for the migratory species; or • seriously disrupt the lifecycle of an ecologically significant proportion of the population of a migratory species.

This is because:

• None of these species are considered to be at the limit of their known migratory ranges. • Each of these species is highly mobile and foraging and territorial ranges far exceed the Action area. • Each of these species is highly mobile and the Action area is not considered to contain limiting foraging or breeding habitat for these species. • The Action area does not constitute an area of important habitat for any of these species. • The Action would involve the direct disturbance of less than 20 ha of woodland and some of this disturbance would be minor and temporary.

• The proposed action is unlikely to disrupt the lifecycle of any of these species.

001 Referral of proposed action v November 2016 Page 27 of 59 3.1 (f) Commonwealth marine area Description

There are no Commonwealth Marine Areas located in the vicinity of the Action. The Commonwealth Marine Area generally stretches from 3 to 200 nautical miles from the Australian coast (DEE, 2016d). As the Action is not located within a Commonwealth Marine Area, the Action is unlikely to impact marine species within a Commonwealth Marine Area.

Nature and extent of likely impact

The Action is unlikely to impact on a Commonwealth Marine Area, and accordingly, is unlikely to have a significant impact on any Commonwealth Marine Area. Secondary effects, including the Action’s contribution to global greenhouse gas emissions, would be relatively small.

3.1 (g) Commonwealth land Description

The Action will not take place on Commonwealth land.

Nature and extent of likely impact

The Action will not take place on Commonwealth land. The Action is unlikely to impact on Commonwealth land, and accordingly, is unlikely to have a significant impact on any Commonwealth land. Secondary effects, including the Action’s contribution to global greenhouse gas emissions, would be relatively small.

3.1 (h) The Great Barrier Reef Marine Park Description

The Action is not within the Great Barrier Reef Marine Park, or the catchment area of the Great Barrier Reef Marine Park.

Nature and extent of likely impact

The Action will not impact the Great Barrier Reef Marine Park, and accordingly, will not have a significant impact on the Great Barrier Reef Marine Park. Secondary effects, including the Action’s contribution to global greenhouse gas emissions, would be relatively small.

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

The Action is located in the Southern Coalfield of NSW in the southern part of the Sydney Basin, which consists of sedimentary rocks of Permian age (<270 million years ago) and of Triassic age (<225 million years ago), with a regional dip of approximately 2° north-west (HydroSimulations, 2016).

The Late Permian Illawarra Coal Measures contain a number of workable seams throughout the Southern Coalfield. Above the Illawarra Coal Measures, the stratigraphy of the area consists of a sequence of sandstone, shale and claystone units within the Narrabeen Group, which are in turn, overlain by the Hawkesbury Sandstone. The Action would involve extraction from the Bulli Seam within Area 5 (Figure 2) and the Wongawilli Seam within Area 6 (Figure 2), which form part of the Illawarra Coal Measures.

001 Referral of proposed action v November 2016 Page 28 of 59 Groundwater Resources

Three distinct groundwater systems have been identified in the Action area:

• perched groundwater system associated with upland swamps and shallow sandstone; • shallow groundwater system within the Hawkesbury Sandstone; and • deeper groundwater system within the Narrabeen Group and Illawarra Coal Measures.

The Coastal Upland Swamps EEC is associated with perched groundwater systems. The extent of this community as mapped by the NPWS (2003) is provided on Figure 5. The extent and characteristics of upland swamps above the Action underground mining area will be refined as part of additional studies and surveys for the EIS.

It is considered that topographic relief drives vertical groundwater flow near the ground surface in the shallow groundwater system, but at depth the alternation of aquifers and aquitards promotes horizontal groundwater flow at the base of permeable units (HydroSimulations, 2016). Along the Illawarra Escarpment south-east of the Dendrobium Mine, groundwater discharges as seeps in cliff faces, particularly at the boundaries of geological formations with contrasting permeability (HydroSimulations, 2016).

In the Action area, regional groundwater flow is to the north-west, driven by the Nepean River system (HydroSimulations, 2016). As a general pattern, the elevation of the regional water table is a subdued reflection of the topography, with mounding beneath hills and ridgelines, and depressions adjacent to zones of discharge such as incised streams and cliff lines.

Further baseline information on groundwater resources will be collected as part of the EIS, including groundwater level monitoring.

Surface Water Resources

The Action area is located within the catchments of the Avon and Cordeaux Rivers, which are part of the upper Nepean River catchment.

The Avon River and Cordeaux River are dammed and form part of Sydney’s and Wollongong’s water supply. The full supply levels of Lake Cordeaux and Lake Avon are located at 303.9 metres Australian Height Datum and 320.04 metres Australian Height Datum, respectively. The Action underground mining areas would not directly longwall mine below the full supply level of the Avon and Cordeaux Reservoirs.

Unnamed first, second and third order streams drain the Action underground mining areas (Area 5 and Area 6). Area 5 drains west and north-west to Lake Avon and the Avon River downstream, and east to Donalds Castle Creek. Area 6 generally drains west to the Cordeaux River downstream of Cordeaux Dam.

Further baseline information on surface water resources will be collected as part of the EIS, including mapping of stream features.

001 Referral of proposed action v November 2016 Page 29 of 59 Nature and extent of likely impact

Completion of the environmental studies for the EIS is required to reach a conclusion regarding the significance of impacts on water resources.

The environmental studies for the EIS would consider:

• depressurisation of aquifers as a result of mine subsidence and dewatering of the coal seam to facilitate underground mining, leading to potential effects on overlying groundwater system; • potential depressurisation of shallow and perched groundwater systems, including upland swamps; • potential for erosion/scour and/or altered water distribution in upland swamps; and • potential impacts on surface water regimes, including localised effects on water quality and/or persistence of flows.

Based on experience at the existing Dendrobium Mine, it is expected to be highly unlikely there would be unacceptable or material impacts on the quantity or quality of Sydney’s and Wollongong’s water supplies. This would be confirmed by the studies for the EIS.

The Groundwater Assessment and Surface Water Assessment for the EIS would include the following:

• Numerical groundwater modelling based on the Australian Groundwater Modelling Guidelines (Barnett et al., 2012). • Assessment of the impacts of the Action on the quantity and quality of the region’s water resources, connectivity between water sources, water-dependent assets and water-related infrastructure, including cumulative impacts. • Risk assessment approach to consideration of potential subsidence impacts and environmental consequences to streams and swamps. • Detailed site water balance incorporating all sources of water inflow and development of a water management strategy for the life of the Action. • Investigation of measures to avoid, mitigate, remediate, monitor and/or offset the potential impacts of the Action. • Assessment against the Neutral or Beneficial Effect on Water Quality Assessment Guideline 2015 (Sydney Catchment Authority, 2015). • Expert peer reviews of the assessments.

001 Referral of proposed action v November 2016 Page 30 of 59 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?  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  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  No Commonwealth marine area? Yes (provide details below) 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  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  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))

001 Referral of proposed action v November 2016 Page 31 of 59 3.3 Description of the project area and affected area for the proposed action

3.3 (a) Flora and fauna

Threatened flora and fauna species that are known to occur or could possibly occur within the Action area and surrounds are described in Section 3.1(d).

The Action area lies in Sydney Basin Bioregion as defined originally by Thackway and Cresswell (1995).

The Sydney Catchment Authority (now WaterNSW) and the NPWS surveyed and mapped the flora communities of the Woronora, O’Hares and Metropolitan Special Areas, including the Action area (NPWS, 2003).

Vegetation mapped in the Action area by NPWS (2003) is shown on Figure 4. Native vegetation communities mapped in the Action Area and surrounds include (NPWS, 2003):

• MU4 – Sandstone Riparian Scrub. • MU9 – Nepean Gorge Moist Forest. • MU18 – Highlands Shale Tall Open Forest. • MU22 – Transitional Shale Dry Ironbark Forest. • MU23 – Transitional Shale Stringybark Forest. • MU26 – Sandstone Gully Peppermint Forest. • MU27 – Nepean Sandstone Gully Forest. • MU29 – Exposed Sandstone Scribbly Gum Woodland. • MU38 – Rock Pavement Heath. • MU42 – Upland Swamps: Banksia Thicket. • MU43 – Upland Swamps: Tea-tree Thicket. • MU44 – Upland Swamps: Sedgeland-Heath Complex. • MU45 – Upland Swamps: Fringing Eucalypt Woodland.

The Metropolitan, Woronora and O’Hares Creek Special Areas, which encompass the Action area and surrounds, have a high level of species diversity (NSW Department of Environment and Climate Change [DECC], 2007). Fauna habitats in these areas include Rainforests, Tall Open Forests, Heaths and Swamps, along with the scrubby Sandstone Woodland that dominates the Special Areas (DECC, 2007). A total of 335 native terrestrial vertebrates are confirmed to occur within the Special Areas, including 210 species of diurnal bird (excluding seabirds and intertidal species), nine nocturnal birds, 42 species of mammal (including 18 species of bats), 25 species of frog and 49 species of reptiles (DECC, 2007).

3.3 (b) Hydrology, including water flows

The Action underground mining areas at the Dendrobium Mine are located within the catchments of the Avon and Cordeaux Rivers. Action underground mining areas would not directly longwall mine below the full supply level of the Avon and Cordeaux Reservoirs.

Water resources in proximity to the Action are considered in detail in Section 3.1(i).

001 Referral of proposed action v November 2016 Page 32 of 59 3.3 (c) Soil and Vegetation characteristics

Soil landscapes in the Action area and surrounds have been mapped by the former Soil Conservation Service of NSW as described in the Soil Landscapes of the Wollongong-Port Hacking 1:100 000 Sheet (Hazelton and Tille, 1990).

The soil landscape units mapped by Hazelton and Tille (1990) that dominate the Action area are the Lucas Heights Residual Soil Landscape and the Hawkesbury Colluvial Soil Landscape. Areas of Volcanic Residual Soil Landscape and Maddens Plains Residual Soil Landscape have also been mapped (Hazelton and Tille, 1990).

The Lucas Heights Residual Soil Landscape is associated with the gently undulating crests, ridge and plateau surfaces of the Woronora Plateau (Hazelton and Tille, 1990). The soils are derived from shale and fine-grained sandstones and are characterised by stoniness, hard-setting surfaces and low soil fertility (Hazelton and Tille, 1990). This soil landscape is generally associated with Eucalypt low open-forest and Eucalypt low woodland with sclerophyllous shrub understorey (Hazelton and Tille, 1990).

The steep, rugged slopes of the Avon and Cordeaux catchments are associated with the Hawkesbury Colluvial Soil Landscape (Hazelton and Tille, 1990). These areas have shallow discontinuous soils with rock outcrops, surface boulders and cobbles derived from the Hawkesbury Sandstone (Hazelton and Tille, 1990). These soils support mostly woodland and open-forest with pockets of tall open-forest and occasional closed-forest in sheltered gullies (Hazelton and Tille, 1990).

Coastal Upland Swamps are associated with periodically waterlogged soils where the lateral transportation and deposition of sediment by overland flow has lead to choking of headwater valleys (NSW Scientific Committee, 2012). These soils vary in depth from a few centimetres to at least 4 metres, are acidic and vary from yellow or grey mineral sandy loams with a shallow organic horizon to highly organic spongy black peats with pallid subsoils (NSW Scientific Committee, 2012).

Vegetation mapped in the Action area is described in Section 3.3(a) and shown on Figure 4.

3.3 (d) Outstanding natural features

The sandstone of the Woronora Plateau is characterised by narrow and often steep sandstone gullies that have formed steep blocky valleys and cliff lines that contain sandstone overhangs. These sandstone formations provide habitat for vertebrate fauna and have aesthetic values.

Upland swamps are also present in the Action area and are described in Sections 3.1(d) and 3.3(c).

3.3 (e) Remnant native vegetation

Remnant native vegetation remains over most of the Action underground mining areas, except for the presence of fire roads, Picton Road, powerlines, the Maldon-Dombarton rail corridor and other minor disturbances.

Vegetation communities mapped by NPWS (2003) are described in Section 3.3(a).

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

The Action underground mining areas are situated on the Woronora Plateau, which includes the upper catchments of the Cataract River and Nepean River. The Woronora Plateau forms part of the southern rim of the Sydney Basin and dips gently north-west towards the Cumberland Plain away from the abrupt edge formed by the Illawarra Escarpment (NPWS, 2006).

001 Referral of proposed action v November 2016 Page 33 of 59 The Woronora Plateau is characterised by incised watercourses that have formed steep blocky valleys and cliff lines that contain sandstone overhangs. Open sections of exposed sandstone occur along ridge tops and plateau caps.

Elevations in the Action area range from approximately 300 to 400 metres Australian Height Datum.

3.3 (g) Current state of the environment

As described in Section 3.3(e), remnant native vegetation remains over most of the Action underground mining areas. An assessment by Biosis Research (2007a) of the adjoining Area 3 at the Dendrobium Mine found the vegetation was generally in good condition, with high native species diversity and all structural layers intact. The vegetation condition is expected to be similar in the Action underground mining areas.

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

The closest Commonwealth Heritage Place to the Action is the Cubbitch Barta National Estate Area (also known as the Holsworthy Military Training Area), which is located approximately 18 km north-northeast of the Action. The Cubbitch Barta National Estate Area is listed as an indigenous site, describing a diversity of Aboriginal occupation and art sites and their relationship to the natural environment as some of the principal sources of significance.

The Cubbitch Barta National Estate Area is a considerable distance from the area of any potential direct or indirect impacts of the Action.

3.3 (i) Indigenous heritage values

The traditional Wodi Wodi land extended from around Stanwell Park to the Shoalhaven River, and as far in-land as Picton, Moss Vale and Marulan (Biosis Research, 2007b) and includes the Action area. The Wodi Wodi spoke the Dharawal language, however Dharawal (Tharawal) was not a word they had heard of or used themselves (Biosis Research, 2007b).

The Woronora Plateau has been relatively well covered by systematic archaeological survey, primarily by the Illawarra Prehistory Group, as well as more contemporary surveys for the Dendrobium Mine.

The geology of the Woronora Plateau has strongly influenced the distribution and types of Aboriginal sites (NPWS, 2006). The Hawkesbury sandstone has weathered forming numerous rock shelters and large, flat expanses favoured for art, rock engravings, and for stone axe grinding grooves (NPWS, 2006).

An Aboriginal Cultural Heritage Assessment would be prepared for the NSW Development Application (incorporating the Action), as a component of the EIS. This assessment would include surveys of the Action area and would be prepared in consultation with Indigenous stakeholders (Section 2.6).

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

The Upper Nepean State Conservation Area is located immediately to the west and north of the Action underground mining areas (Figure 2). The Illawarra Escarpment State Conservation Area is located approximately 12 km south-east of the Action underground mining areas (Figure 2).

3.3 (k) Tenure of the action area (e.g. freehold, leasehold)

The Action is located within CCL 768, which is a mining tenement under the NSW Mining Act, 1992.

The tenure of the Action is shown on Figure 3. The Action is located within the Metropolitan Special Area, which is a declared ‘Special Area’ under the Water NSW Act, 2014. Special Areas are jointly managed by WaterNSW and the NPWS (on behalf of the Minister for the Environment).

001 Referral of proposed action v November 2016 Page 34 of 59 3.3 (l) Existing uses of area of proposed action

The existing and Action underground mining areas at the Dendrobium Mine are located within the catchments of the Avon and Cordeaux Rivers. These catchments are situated within the Metropolitan Special Area declared under the Water NSW Act, 2014. The Action underground mining areas would not directly longwall mine below the full supply level of the Avon and Cordeaux Reservoirs.

Mines in the vicinity of the Dendrobium Mine include:

• Appin Mine, including the previous West Cliff Colliery mine workings (South32 owned); • Cordeaux Colliery (South32 owned, under care and maintenance); • Russell Vale Colliery (under care and maintenance); and • Wongawilli Colliery.

3.3 (m) Any proposed uses of area of proposed action

Existing land uses would continue to occur above the Action underground mining areas during and following mining.

There are no other known proposed changes to the land uses in the Action area.

001 Referral of proposed action v November 2016 Page 35 of 59 4 Environmental outcomes

An EIS would be prepared for the NSW Development Application that would include a detailed description of the likely environmental outcomes that will be achieved for the matters protected by the EPBC Act that are likely to be affected by the Action.

The EIS would be prepared in consideration of:

• the existing environment, based on analysis of sufficient baseline data collected during the preparation of the EIS; • potential impacts of all stages of the Action including relevant cumulative impacts; • measures that could be implemented to avoid, mitigate, rehabilitate/remediate, monitor and/or offset the potential impacts of the Action; and • contingency plans and/or adaptive management for managing any potentially significant residual risks to the environment.

001 Referral of proposed action v November 2016 Page 36 of 59 5 Measures to avoid or reduce impacts

It is proposed to continue the management approach at the existing Dendrobium Mine for the Action.

Strategies to address potential impacts on matters protected by the EPBC Act that are likely to be affected by the Action would include:

• Consideration of environmental assessment outcomes during detailed mine planning (e.g. including minimisation of vegetation disturbance [particularly disturbance of areas with higher ecological value] and development of subsidence performance measures). • Surface disturbance protocols (including pre-clearance surveys). • Development of a rehabilitation and remediation strategy for the Action. • Weed and feral animal control measures. • Groundwater and surface water monitoring networks. • Erosion and sediment control during construction and operation. • Licensing in accordance with the legislative requirements of the NSW Water Management Act, 2000, including any relevant water sharing plans (i.e. state water resource plans). • Development and implementation of Extraction Plans to mitigate, monitor, remediate and manage potential impacts on ecology and water resources. • Offset and compensatory measures to maintain or improve the biodiversity values of the surrounding region in the medium to long-term.

These strategies would be developed and refined through the environmental assessment process. Detail on the proposed measures would be presented in the EIS.

001 Referral of proposed action v November 2016 Page 37 of 59 6 Conclusion on the likelihood of significant impacts

6.1 Do you THINK your proposed action is a controlled action?

No, complete section 5.2

 Yes, complete section 5.3

6.2 Proposed action IS NOT a controlled action.

N/A

6.3 Proposed action IS a controlled action

Matters likely to be significantly 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)

Since the mine design and environmental studies undertaken for the Action are preliminary, the potential impacts on threatened species, communities and water resources are uncertain. Illawarra Coal would investigate opportunities to avoid, minimise, mitigate and offset significant impacts during the detailed mine planning process.

Completion of the environmental studies for the EIS (in particular for biodiversity and water resources) is required to reach a conclusion regarding the significance of impacts on listed threatened species and communities and water resources. In the absence of these studies being currently available, a precautionary assumption that these matters may be significantly impacted has been adopted.

001 Referral of proposed action v November 2016 Page 38 of 59 7 Environmental record of the person proposing to take the action

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

Provide details Aware of the sensitive environment in which it operates, Illawarra Coal has a history of designing its mine plans to avoid significant impacts to key environmental features in the area such as Avon and Cordeaux Reservoirs, Sandy Creek, Sandy Creek Waterfall and Wongawilli Creek.

An Independent Environmental Audit of the Dendrobium Mine in November 2014 (KADENZ Pty Ltd, 2014), concluded: “The Dendrobium management has demonstrated a very high level of compliance with approvals, licences and consents for approval conditions that are seen as being very comprehensive.”

Illawarra Coal undertakes open discussion with the community and other stakeholders on issues directly relating to the mine’s operations, environmental performance and community relations, and keeps the community informed on these matters.

Copies of the Annual Environmental Management Reports for the Dendrobium Mine are available on the Illawarra Coal website (http://www.south32.net/our-operations/ australia/illawarra-coal/regulatory-document).

Attachment C provides a summary of the history of compliance of Illawarra Coal (and associated entities) under Environment Protection Licences issued under the NSW Protection of the Environment Operations Act, 1997.

7.2 Provide details of any proceedings under a Commonwealth, State or Territory law for  the protection of the environment or the conservation and sustainable use of natural resources against: (a) the person proposing to take the action, or (b) if a permit has been applied for in relation to the action - the person making the application.

If yes, provide details In 2012 civil enforcement proceedings were commenced in the Land and Environment Court against Endeavour Coal Pty Ltd and Illawarra Coal Holdings Pty Ltd. The proceedings related to the alleged discharge of arsenic, zinc, copper, aluminium and nickel into the Georges River from the West Cliff Colliery via Brennans Creek.

The proceedings were discontinued at the initiation of the EPA, and by agreement of the parties on the basis that in 2013 the EPA issued a licence variation notice that permitted the pollution alleged in the case. Accordingly, no conviction was made against either entity in this case.

001 Referral of proposed action v November 2016 Page 39 of 59 Yes No 7.3 If the person taking the action is a corporation, please provide details of the corporation’s environmental policy and planning framework and if and how the framework applies to the action. The Action would be undertaken in accordance with South32’s Sustainability Policy and Environmental Standard.

In summary, this includes the following: • South32’s environmental commitments protect the environment in a way that demonstrates our values and are aligned with the International Council on Mining and Metals (ICMM) commitments for mining and protected areas (ICCM, 2003). • Environmental aspects within South32’s area of influence are managed to minimise adverse impacts and promote enduring environmental benefits. • Greenhouse gas emissions are minimised to reduce South32’s contribution to climate change.

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

Provide name of proposal and EPBC reference number (if known) Dendrobium Coal Mining Project (EPBC 2001/214) determined to be a Controlled Action and approved on 20 December 2001.

Bulli Seam Operations Expansion (EPBC 2010/5350) determined to be a Controlled Action and approved on 15 May 2012.

001 Referral of proposed action v November 2016 Page 40 of 59 8 Information sources and attachments (For the information provided above) 8.1 References

Barnett, B., Townley, L.R., Post, V., Evans, R.E., Hunt, R.J., Peeters, L., Richardson, S., Werner, A.D., Knapton, A. and Boronkay, A. (2012) Australian Groundwater Modelling Guidelines. Waterlines report 82, National Water Commission, Canberra.

Biosis Research (2007a) Dendrobium Area 3 Species Impact Statement. Report prepared for BHP Billiton.

Biosis Research (2007b) Dendrobium Area 3 Archaeological and Cultural Heritage Assessment. Report prepared for BHP Billiton.

Department of Environment and Climate Change (2007) Terrestrial Vertebrate Fauna of the Greater Southern Sydney Region: Volume 4 – The Fauna of the Metropolitan, O’Hares Creek and Metropolitan Special Areas. Website: http://www.environment.nsw.gov.au/threatenedspecies/faunasouthsydney.htm Date Accessed: August 2016.

Department of Environment, Climate Change and Water (2010a) Aboriginal cultural heritage consultation requirements for proponents 2010.

Department of Environment, Climate Change and Water (2010b) Towra Point Nature Reserve Ramsar site: Ecological character description.

Department of Environment, Climate Change and Water (2010c) Recovery Plan for Melaleuca deanei. Website: http://www.environment.gov.au/system/files/resources/b4dfa6ba-6cd3-4235-9d31- f68c45c73b4d/files/melaleuca-deanei.pdf Date Accessed: August 2016.

Department of the Environment (2015) Draft referral guideline for 14 birds listed as migratory species under the EPBC Act. Website: http://www.environment.gov.au/biodiversity/threatened/publications/epbc-act-referral-guidelines- migratory-birds Date Accessed: August 2016.

Department of the Environment (2016) National Recovery Plan for the Regent Honeyeater (Anthochaera phrygia). Website: http://www.environment.gov.au/system/files/resources/286c0b52-815e-4a6c-9d55- 8498c174a057/files/national-recovery-plan-regent-honeyeater.pdf Date Accessed: August 2016.

Department of the Environment and Energy (2016a) EPBC Protected Matters Report. Conducted for Coordinates: -34.341679 150.735316,-34.346215 150.729479,-34.346215 150.729479,-34.351884 150.724673,- 34.368889 150.70785,-34.380507 150.686221,-34.384473 150.679011,-34.37994 150.671458,-34.369739 150.660815,-34.362087 150.664591,-34.367755 150.652918,-34.35075 150.640902,-34.325519 150.647082,-34.324385 150.669054,-34.333174 150.70476,-34.315595 150.700297,-34.299147 150.70991,-34.293758 150.732226,-34.309924 150.741839,-34.327504 150.751795,-34.341679 150.735316 with a 5.0 km Buffer. Date Received: 27 July 2016.

Department of the Environment and Energy (2016b) Species Profile and Threats Database. Website: http://www.environment.gov.au/cgi-bin/sprat/public/sprat.pl Date Accessed: August 2016.

Department of the Environment and Energy (2016c) Listed Migratory Species. Website: http://www.environment.gov.au/epbc/what-is-protected/migratory-species Date Accessed: August 2016.

001 Referral of proposed action v November 2016 Page 41 of 59 Department of the Environment and Energy (2016d) Commonwealth Marine Areas. Website: http://www.environment.gov.au/epbc/what-is-protected/commonwealth-marine-areas Date Accessed: August 2016.

Department of Environment and Resource Management (2011) National recovery plan for the large-eared pied bat Chalinolobus dwyeri. Website: http://www.environment.gov.au/system/files/resources/9e59696a-f72f-4332-8eda- 25eeb4460349/files/large-eared-pied-bat.pdf Date Accessed: August 2016.

Department of Environment, Land, Water and Planning (2016) National Recovery Plan for the Spotted-tailed Quoll Dasyurus maculates. Website: http://www.environment.gov.au/system/files/resources/2343110b-d2b4-4a1f-b66e- ddfae63c4aa6/files/national-recovery-plan-spotted-tailed-quoll.pdf Date Accessed: August 2016.

Department of Planning (2008) Impacts of underground coal mining on natural features in the Southern Coalfield: strategic review. NSW Government. July 2008.

Department of Planning and Environment (2015) Mining Impacts at Dendrobium Coal Mine Area 3B. Report to Government. NSW Government. December 2015.

Department of Primary Industries (2016a) Macquarie Perch. Website: http://www.dpi.nsw.gov.au/fishing/species-protection/conservation/what-current/endangered- species/macquarie-perch Date Accessed: August 2016.

Department of Primary Industries (2016b) Records Viewer. Website: http://www.dpi.nsw.gov.au/fishing/species-protection/records/viewer Date Accessed: August 2016.

Hazelton, P.A. and Tille, P.J. (1990) Soil Landscapes of the Wollongong-Port Hacking 1:100 000 Sheet. Soil Conservation Service of NSW, Sydney.

HydroSimulations (2016) Dendrobium Area 3B Groundwater Assessment. Report prepared for Illawarra Coal Holdings Pty Ltd.

International Council on Mining and Metals (2003) Mining and protected areas position statement. Website: http://www.icmm.com/en-gb/members/member-commitments/position-statements/mining-and- protected-areas-position-statement Date Accessed: August 2016.

KADENZ Pty Ltd (2014) Independent Environmental Audit for The Dendrobium Mine. Website: http://www.south32.net/getmedia/b19e90d1-11a2-4172-b160-6f4e0c78109c/South32Web Date Accessed: August 2016.

National Parks and Wildlife Service (2003) The Native Vegetation of the Woronora, O’Hares and Metropolitan Catchments. Website: http://www.environment.nsw.gov.au/resources/nature/surveys/030143VegWoronora OHaresCatchmts.pdf Date Accessed: August 2016.

National Parks and Wildlife Service (2006) Dharawal Nature Reserve and Dharawal State Conservation Area Plan of Management. Website: http://www.environment.nsw.gov.au/resources/parks/dharawalMgmtplan.pdf Date Accessed: August 2016.

Niche Environment and Heritage (2012) Dendrobium Area 3B Terrestrial Ecological Assessment. Accompanying Document to Dendrobium Area 3B Subsidence Management Plan. Report prepared for BHP Billiton.

001 Referral of proposed action v November 2016 Page 42 of 59 NSW Scientific Committee (2012) Coastal Upland Swamp in the Sydney Basin Bioregion - endangered ecological community listing. NSW Scientific Committee - final determination. Website: http://www.environment.nsw.gov.au/threatenedspeciesapp/profile.aspx?id=20261 Date Accessed: August 2016.

Office of Environment and Heritage (2012) National Recovery Plan for Eastern Bristlebird Dasyornis brachypterus. Website: http://www.environment.gov.au/system/files/resources/7ca9c6cc-7225-4ca5-af9a- 80bb28e47ae7/files/eastern-bristlebird-recovery-plan.pdf Date Accessed: August 2016.

Office of Environment and Heritage (2016a) NSW BioNet – A Website for the NSW Atlas of Wildlife search conducted for the following search area: 34.256 to -34.430, 150.592 to 150.805. Website: http://www.environment.nsw.gov.au/atlaspublicapp/UI_Modules/ATLAS_/AtlasSearch.aspx Date Accessed: July 2016.

Office of Environment and Heritage (2016b) Threatened Species Profiles. Website: http://www.environment.nsw.gov.au/threatenedSpeciesApp/ Date Accessed: August 2016.

Sutter, G. 2011. National Recovery Plan for Rufous Pomaderris (Pomaderris brunnea). Department of Sustainability and Environment, East Melbourne. Website: http://www.environment.gov.au/system/files/resources/2ec924dc-c627-4288-81f5- 51025ef2e166/files/pomaderris-brunnea-recovery-plan.pdf Date Accessed: August 2016.

Sydney Catchment Authority (2015) Neutral or Beneficial Effect on Water Quality Assessment Guideline 2015.

Thackway, R. and Cresswell, I.D. (Eds) (1995). An Interim Biogeographic Regionalisation for Australia: a framework for establishing the national system of reserves. Version 4.0. Australian Nature Conservation Agency: Canberra.

Threatened Species Scientific Committee (2006) Commonwealth Listing Advice on White Box-Yellow Box- Blakely's Red Gum Grassy Woodland and Derived Native Grassland. Website: http://www.environment.gov.au/system/files/pages/dcad3aa6-2230-44cb-9a2f- 5e1dca33db6b/files/box-gum.pdf Date Accessed: August 2016.

Threatened Species Scientific Committee (2011) Commonwealth Conservation Advice on Upland Basalt Eucalypt Forests of the Sydney Basin Bioregion. Website: http://www.environment.gov.au/biodiversity/threatened/communities/pubs/60-conservation- advice.pdf Date Accessed: August 2016.

Threatened Species Scientific Committee (2013) Commonwealth Conservation Advice on Western Sydney Dry Rainforest and Moist Woodland on Shale. Website: http://www.environment.gov.au/biodiversity/threatened/communities/pubs/106-conservation- advice.pdf Date Accessed: August 2016.

Threatened Species Scientific Committee (2014a) Conservation Advice (including listing advice) for Coastal Upland Swamps in the Sydney Basin Bioregion. Website: http://www.environment.gov.au/biodiversity/threatened/communities/pubs/140-conservation- advice.pdf Date Accessed: August 2016.

Threatened Species Scientific Committee (2014b) Approved Conservation Advice (including listing advice) for Shale Sandstone Transition Forest of the Sydney Basin Bioregion (EC25R). Website: http://www.environment.gov.au/biodiversity/threatened/communities/pubs/146-conservation- advice.pdf Date Accessed: August 2016.

001 Referral of proposed action v November 2016 Page 43 of 59 Threatened Species Scientific Committee (2014c) Approved Conservation Advice for Turpentine-Ironbark Forest in the Sydney Basin Bioregion. Website: http://www.environment.gov.au/biodiversity/threatened/communities/pubs/38-conservation- advice.pdf Date Accessed: August 2016.

Threatened Species Scientific Committee (2015a) Approved Conservation Advice (including listing advice) for Castlereagh Scribbly Gum and Agnes Banks Woodlands of the Sydney Basin Bioregion. Website: http://www.environment.gov.au/biodiversity/threatened/communities/pubs/119-conservation- advice.pdf Date Accessed: August 2016.

Threatened Species Scientific Committee (2015b) Approved Conservation Advice (including listing advice) for Cooks River/Castlereagh Ironbark Forest of the Sydney Basin Bioregion. Website: http://www.environment.gov.au/biodiversity/threatened/communities/pubs/129-conservation- advice.pdf Date Accessed: August 2016.

Threatened Species Scientific Committee (2015c) Approved Conservation Advice (including listing advice) for Southern Highlands Shale Forest and Woodland of the Sydney Basin Bioregion (EC62). Website: http://www.environment.gov.au/biodiversity/threatened/communities/pubs/62-conservation- advice.pdf Date Accessed: August 2016.

Threatened Species Scientific Committee (2016) Approved Conservation Advice for Petauroides volans (greater glider). Website: http://www.environment.gov.au/biodiversity/threatened/species/pubs/254-conservation-advice- 20160525.pdf Date Accessed: August 2016.

8.2 Reliability and date of information

The information presented in Section 3 was sourced from publicly available data, and past surveys and assessments undertaken for the Dendrobium Mine.

Assessment of the Action will be informed by collection of site-specific baseline data and the preparation of a comprehensive EIS.

8.3 Attachments

 attached Title of attachment(s) You must attach figures, maps or aerial photographs  Figure 1 Regional Location. showing the locality of the proposed action Figure 2 Proposed Action. (section 1) Figure 3 Land Tenure. GIS file delineating the boundary of the referral area (section 1)

figures, maps or aerial photographs  Figure 4 Vegetation Mapped showing the location of the proposed action by NPWS (2003). in respect to any matters of national Figure 5 Threatened Ecological environmental significance or important Communities features of the environments (section 3) Mapped by NPWS (2003). Figure 6 Threatened Flora Records. Figure 7 Threatened Fauna Records.

001 Referral of proposed action v November 2016 Page 44 of 59  attached Title of attachment(s) If relevant, attach copies of any state or local government N/A approvals and consent conditions (section 2.5) copies of any completed assessments to N/A meet state or local government approvals and outcomes of public consultations, if available (section 2.6) copies of any flora and fauna investigations N/A and surveys (section 3) technical reports relevant to the N/A assessment of impacts on protected matters that support the arguments and conclusions in the referral (section 3) conclusions in the referral (section 3 and 4) report(s) on any public consultations N/A undertaken, including with Indigenous stakeholders (section 3)

001 Referral of proposed action v November 2016 Page 45 of 59 9 Contacts, signatures and declarations

Proposed DENDROBIUM MINE – PLAN FOR THE FUTURE: action title: COAL FOR STEELMAKING

9.1 Person proposing to take action

Name and Title: Mr Gary Brassington, Principal Approvals Organisation: Illawarra Coal Holdings Pty Ltd Note: At all relevant times in relation to the Action, Illawarra Coal Holdings Pty Ltd will be acting as agent for and on behalf of Dendrobium Coal Pty Ltd in respect of all mining tenements held by Dendrobium Coal Pty Ltd.

Trust deed: □ attached; OR  not applicable ACN / ABN: 69 093 857 286 Postal address: Post Office Box 514 Unanderra NSW 2526

Telephone: +61 2 4286 3318 Email: [email protected]

I qualify for exemption □ an individual; OR from fees under section

520(4C)(e)(v) of the EPBC Act because I am: □ a small business entity (within the meaning given by section 328-110 (other than subsection 328-119(4)) of the Income Tax Assessment Act 1997); OR

 not applicable. If you are small business entity you must provide the Date/Income Year that you became a small business entity: I would like to apply for a  not applicable. waiver of full or partial fees under regulation 5.21A of the EPBC Regulations. Under 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 declare that I am not taking the action on behalf of or for the benefit of any other person or entity.

Signature: Date: 25/11/2016

001 Referral of proposed action v November 2016 Page 46 of 59 9.2 Designated proponent

Name of proposed proponent: Illawarra Coal Holdings Pty Ltd

ACN / ABN:

Postal address:

Telephone:

Email:

Declaration by the I ...... , the proposed proponent, consent to the proposed proposed proponent: designation of myself as the proponent for the purposes of the action described in this

referral.

Date: Signature:

Declaration by the I ...... , the person proposing to take the action, consent to person proposing to take the action: the proposed designation of...... as proponent for the purposes

of the action described in this referral.

Signature: Date:

9.3 Person preparing the referral information (if different from section 9.1)

Name:

Title:

Organisation:

ACN / ABN:

Postal address:

Telephone:

Email:

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.

Signature: Date:

001 Referral of proposed action v November 2016 Page 47 of 59 REFERRAL CHECKLIST

HAVE YOU:  Completed all required sections of the referral form?  Included accurate coordinates (to allow the location of the proposed action to be mapped)?  Provided a map showing the location and approximate boundaries of the project area for the proposed action?  Provided a map/plan showing the location of the action in relation to any matters of NES?  Provided a digital file (preferably ArcGIS shapefile, refer to guidelines at Attachment A) delineating the boundaries of the referral area?  Provided complete contact details and signed the form?  Provided copies of any documents referenced in the referral form?  Ensured that all attachments are less than three megabytes (3mb)?  Sent the referral to the Department (electronic and hard copy preferred)

001 Referral of proposed action v November 2016 Page 48 of 59 Figures

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