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Submission to Senate Inquiry Title-Australia's Environment EPBC

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Submission to Senate Inquiry Title-Australia's Environment EPBC Page 1 Submission to senate Inquiry Title-Australia’s environment Status: Accepting Submissions Date Referred: 18 June 2014 Submissions Close: 01 September 2014 From Robert Westerman EPBC Bilateral Agreement and the Australian Environment. I am concerned that the devolution of the EPBC Act under bilateral agreements will lessen environmental protection within Australia. In Queensland I have seen the objects of the ‘Nature Conservation Act’ weakened, Cattle grazing allowed in National Parks, Provocative titles used in legislation - ‘Greentape Reduction Act’ (A title such as Environment Coordination could have been used.) Wild Rivers legislation repealed and approval given for industrial dumping on the Great Barrier Reef. These actions would appear to indicate a casual attitude to environment protection and the notion that environment protection is an impediment to state development. Queensland has powerful legislation which overrides all other legislation. The ‘State Development and Public Works Organisation Act 1971’ allows for the declaration of ‘Prescribed Projects’. Section 76C reads 76C Application of other laws This part applies despite any other law. The ‘ Economic Development Act 2012’, and ‘Significant Projects Streamlining Act’ have similar powers. The EPBC Act has stood above state legislation and has been an important environment management tool when environment matters are handled in a lax way at state level. I am concerned that the sections of the EPBC Act which apply to migratory birds and threatened species will no longer stand above state legislation and may in fact be circumvented by state legislation and thus block this avenue of public appeal for projects in which there is public opposition. Enclosed with this document is a description of a project currently underway on the Gold Coast. If approved, this project will set a poor precedent for environment protection within Australia. ‘A Cruise Ship Terminal’ has been proposed for the Gold Coast. To facilitate the project, the Queensland government has offered an extensive amount of public land and a large area of seabed in exchange for the building of a ‘Cruise Ship Terminal’. The known environmental qualities of the seabed being offered has been ignored. The impact on migratory shorebirds currently protected by the EPBC Act will be severe. Approximately 50% of the foraging areas for these birds will be lost and the main roost for the shorebirds will be compromised to the extent that it will not be usable by the birds. The proponent has not included a single mitigation measure in the area it is developing. In spite of the provisions of the EPBC Act which clearly states that the matter must be referred to the commonwealth where the presence of threatened species or international birds is known, no referral has been made to the commonwealth. A referral now may result in a far more acceptable project. The project is being monitored by probity officers, so quite clearly the attitude of this developer to the environment is acceptable to the Queensland Government. In 2005 a similar project was proposed but it did not involve the surrender of large amounts of public land and seabed. That project was referred to the commonwealth from the outset and sensitive areas were avoided. Quite clearly this developer is stalling in making a referral in the hope it will receive easier assessment when the Queensland Government is in control of the EPBC Act. I have attached a series of documents which describe the project in detail. The project is an illustration of the limited concern the Queensland Government has for the environment and an indication of how it will apply commonwealth law once it gains that responsibility. Overview Broadwater Marine Project Overview A2 A joint committee between the Queensland Government and the Gold Coast City Council has managed a proposal to build a ‘Cruise Ship Terminal’ on the Gold Coast Broadwater. The project is known as the ‘Broadwater Marine Project’. Documents which relate to the project are made available to the public through the project web site: http://www.broadwatermarineproject.com.au/ The proposal offered development rights to parcels of Government land and seabed on the Broadwater in exchange for the construction and operation of a ‘Cruise Ship Terminal’. This terminal would enable large passenger vessels to enter the Gold Coast Seaway and berth in the Gold Coast Broadwater. The development map below was published on this web site. The yellow line indicates the area available for development and the blue line indicates the area in which Cruise Ship Terminal facilities may be constructed. The document: ‘Broadwater Marine Project - Request for Detailed Proposals - Part 2 Project Brief’ sets out some conditions for the successful tenderer. This document is available on the Broadwater Marine Project Web site. A copy is included with this submission. Some excerpts from this document are shown below. This table indicates that the area available for development is 81.4 Ha © R Westerman Overview 2 Overview A2 Part 2 -Appendix A Site Plan © R Westerman Overview 3 Overview A2 Environment Obligations Stainability Obligations This area of the opportunity zone are the tidal flats of Wavebreak Island. This is not listed in the table showing land available for development. This area is approximately 50 ha. (Calculated by using internet mapping tools and Google Earth).Therefore the total area available for development is much greater than 81ha (Table 1 - Lot Details) and is approximately 130 ha. Native Title may exist in this area. The remainder of Wavebreak Island is zoned as a Beach Protection Reserve. © R Westerman Overview 4 Overview The ASF China Consortium has been selected as the successful tender. A2 ASF has published the following drawings of its concept. As at 01/07/2014 The fact sheet ‘003 Concept Master Plan’ was available on the ASF Web site http://goldcoastevolution.com.au/ This fact sheet is included in this submission. The plan in this fact sheet shows two alternative sites for the position of the Ship Terminal. The proposal to site a terminal on Wavebreak Island is favoured by the Gold Coast City council. © R Westerman Overview 5 Overview Impacts of the ASF China Proposal A2 This proposal shows development beyond the original advertised zones. The diagram below shows original advertised development zones layered on the ASF China proposal. Carter Bank will be raised to Wavebreak Island extended Marine Stadium reduced in size form a permanent island with beyond original development tourist facilities placed on it. zone Impacts on Shorebird Habitat These impacts are treated in greater detail in ‘A 12 Impacts and Predicted outcomes’. • Carter Bank is identified as a minor roost in the VDM survey. Migratory waders often use the southern end of the bank as a mid-tide roost. It is a good habitat for many endemic birds and the western and northern portion of the bank contain high quality seagrass beds. This area will be lost as a shorebird habitat. • The western tidal flats of Wavebreak will be lost as a shorebird foraging area. • The extension of Wavebreak island south in the south-east corner has major implications on the habitat south of here. This has influenced the developers to place a busy boat channel directly beside ‘Curlew Island’, remove the existing protective sand shelf on the north-east corner of the island and eliminate existing roosts by vegetating the island. This will severely compromise the viability of the island as a shorebird roost. This development will see the removal of a large shorebird foraging area and the possible destruction of the main shorebird roost in the southern Broadwater. The proponent does not appear to intend to carry out any mitigation measures for shorebirds within the development zone. © R Westerman Overview 6 Overview The China ASF project proposes to resume a very large area of seabed in the Gold Coast Broadwater. TheA2 areas to be resumes include seagrass beds, habitat for marine species and fish, habitat for shorebirds. It would appear that the Government decision to make this area available for development was made without due reference to the known environmental qualities of the area and has not taken due account of the many instruments of legislation which are designed to protect such habitat. Protective Legislation includes: The Environment Protection and Biodiversity Conservation Act 1999 (EPBC) Sustainable Planning Act 2009 Nature Conservation Act 1992 Queensland Fisheries Act 1994 Coastal Management Plan 2014 Environmental Offsets Bill 2014 Marine Parks (Moreton Bay) Zoning Plan, 2008 (The Southern Broadwater is not part of the Moreton Bay Marine Park but adjoins its boundary and has equivalent environmental values) Shorebird Management Strategy - Moreton Bay © R Westerman Overview 7 Impacts mpacts and Predicted Outcomes I Migratory Shorebirds have three basic requirements for a successful habitat:- 1. Satisfactory feeding area 2. High tide roost 3. Safe and secure environment. The ASF China plan compromises all three requirements. Feeding Areas The range of habitat available in the southern Broadwater for shorebirds to forage in, has been greatly reduced compared to what was available in former times. (See ‘A3 Relevant History of Gold Coast Broadwater’). In the southern Broadwater the remaining habitats are the two large sandbanks directly south of Wavebreak Island, the tidal flats on the western and southern side of Wavebreak Island and Carter Bank. Shorebirds rarely appear on the northern or western shores of Wavebreak Island. The appearance of shorebirds on ‘The Spit’ and the western shoreline of the southern Broadwater is also rare. Shorebirds only occasionally use the third and most southerly sandbank of the Broadwater. There is very little shorebird activity upstream of the Gold Coast Bridge. The incremental value of the above areas as habitat is very small. The useful foraging areas available for shorebirds are: Carter Bank-24ha, Wavebreak Island tidal area-50ha and Curlew Banks-72ha.
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