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 Wild Rivers legislation repealed and approval given for industrial dumping on the Great Barrier Reef.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

Part 2 -Appendix A Site Plan

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 Impacts and Predicted Outcomes 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. This is a total of 146ha. These calculations were derived by using mapping tools with Google Earth images. In recent times Wavebreak island has become a popular destination for day trippers on the weekend or public holidays. At those times shorebirds keep their distance from beached or moored boats. On quiet days or when the weather is poor, shorebirds are always found here. No night-time observations have been made. This area plays an important supplementary role for Curlew Banks. The ASF China proposal will resume the 24ha on Carter Bank, the 50ha on Wavebreak Island shoreline and 3ha on ‘Curlew Banks’. This is an amount of approximately 77ha. Thus about 50% of the current foraging area will be lost. The principal foraging areas on Curlew Banks are described in ‘A5 Curlew Island Values’ There are high quality foraging areas on ‘Curlew Banks’ but these could be lost if environmental conditions change. The pollution from dredging in the construction area, runoff from the fill used, building pollution and changes to tidal flows caused by this in-filling, may result in a decline in the productive value of these areas. Tidal flow is a high concern. All the current roosts in the Broadwater – ‘Curlew Banks, Coomera River south bank, Currigee, MCcoy Creek and Jumpinpin are located in areas where there is good tidal flow. A large area of Wavebreak Island seabed will be filled in and the passage between Wavebreak Island and the mainland will be reduced to a small channel. It is likely that the tidal flows in the vicinity of Curlew Banks will become weak and may lack the ability to keep the banks in good environmental health. A12 Another concern is that the shorebird habitat is reduced to such a small area compared with what was available in former times, is that if the area is impaired by an environmental catastrophe such as a severe pollution spill

© R Westerman Impacts 8 Impacts or a 100 year flood event, it may not have the capacity to recover from the event or have new locations form to replace the ones which have been lost. The seagrass beds of Carter Bank and Wavebreak Island and an area of Curlew Island will also be lost. With the loss of Carter Bank and the Wavebreak Island, Curlew Banks will become more isolated from other areas in the local shorebird network and this may discourage birds from using the area, particularly when intense construction on Wavebreak Island begins. The intense development with very high buildings may be x x Area to be a barrier to their flight paths. There is also the concern x dredged fo bird strikes on these new buildings x The potential outcome is that within a few years the x whole area will no longer be an attractive food source x for shorebirds and they will either abandon the area or x the bird clans which use it now may become extinct. Roosts x Roosts The ASF China plans will eliminate the minor roost on Carter Bank and Wavebreak Island. It will also Proposed eliminate the major roost on Curlew Island. Please see x Tree Line ‘A5 Curlew Island Values’. What is planned for ‘Curlew Island’ is a matter of extreme concern. The plans are contrary to the accepted principles of managing a shorebird roost. With this proposal, the three main roosts on ‘Curlew Island’ – north roost, central roost and south roost will be eliminated by having trees being planted over them. The ASF proposes to dredge a main boat channel directly beside the roost. The birds will be exposed to a large number of vessel movements directly beside the roost or what remains of it. Some of the boats will be fast moving irrespective or speed restrictions which may be in place. Shorebirds do not tolerate this type of movement disturbance. The shorebird photos which illustrate this document were taken by exercising a great deal of patience. A great deal of time was spent remaining motionless or moving at a very slow pace towards a bird. It was found that it was difficult to approach birds closer than 50 metres without disturbing them. Boats will be much closer that this so the birds here will be subject to constant disturbance. Draft policy 3.21 recommends an exclusion zone of 160-200 metres from a roost. Clearly the placement of a boat channel so close to an area of shorebird activity will result in the birds abandoning the area. The construction of this channel will result in: • Constant boat traffic past the roost. • People having easier access to the island and therefore disturbing the birds. • The destruction of seagrass beds. • The destruction of the feeding area in the NE corner of Curlew Banks. • The destruction of the protective sand shelf on the north-east corner of the island. • The island will now be exposed to constant boat wash. Safe and Secure Environment The consequences for Curlew Island are obvious. There will be severe disturbance if there is an attempt to A12 relocate the roosts (if that is planned by the proponent) and increased access for day trippers who wish to come to the island. On any weekend Wavebreak island has a large number of boats visit its shore. The new

© R Westerman Impacts 9 Impacts development will remove this access so it is to be expected that this fraternity will seek alternate destinations. A redeveloped Curlew island is an obvious choice. It is highly unlikely that the ‘Curlew Island’ bird population will tolerate this presence. The construction phase of Wavebreak Island and subsequent commercial and residential phase will bring a high level of human presence to the area. If any factors associated with this presence finds its way onto Curlew Island, the extinction of the present bird population is highly likely. Mitigation The proponent plans to resume approximately 70 hectares of seabed without taking any mitigation measures within this area to compensate for the destruction it has caused. It appears to rely entirely on an undefined offset policy which brings no benefit to shorebirds affected by the development and a flawed conservation policy for Curlew Island. Summary In summary this project will significantly reduce feeding areas, destroy the main roost for the area and introduce intolerable disturbance factors. The predictable outcome is the loss of this area as a shorebird habitat. If the shorebird population is to survive in the southern Broadwater the following measures are required. 1. Implement strong conservation measures to protect Curlew Island and associated areas. Curlew Island is without protection. People have no restriction on access and may behave as they please without fear of prosecution. People constantly disturb roosting flocks by walking through them or near them. Jet boats buzz the area. People use the banks as a dog exercise area and release their dogs. These dogs disturb flocks and have killed the young of birds which have attempted to breed here. It has no formal designation. It is not Gold Coast City Council land therefore council conservation officers have no power to act. It is not a Marine Park, Conservation Park or a National Park. Therefore Parks and Wildlife have few powers to protect this wildlife. It does belong to the newly formed Waterways Authority but to date they have not implemented any conservation measures for the island. A reading of the Act which governs their operation shows they have specific powers in the matter of recreation and navigation matters but there is no mention of conservation powers. There are no signs on the island to alert the public of its wildlife values nor are there any public education programs in place regarding its values. 2. Leave Curlew island unaltered. Curlew Island is a successful roost and feeding area. Its present configuration should remain unaltered. The proponent should alter its plans so the island is left untouched. It is in need of maintenance measures but these are minor and should be carried out with the assistance of people who have knowledge of shorebird needs. 3. The Wavebreak Island plan should leave the Wavebreak Island tidal area untouched. The tidal area of Wavebreak Island are part of the shorebird foraging network of this area and should be left intact. If development of this area is approved a modern approach would be to require that the developer include a mitigation measure as outlined in ‘A13 Mitigation’. A facility incorporated in the south-west corner of the island would preserve important feeding areas, provide a secondary roost for the area and if secure, give Beach Stone Curlews, Little Terns, Red-capped Plovers and Pied Oystercatchers the opportunity to breed. All of the above have attempted to breed in this area. Such a facility would also provide a disturbance buffer to protect the sandbanks south of here. A12 The developer should be required to observe the original guidelines for the area of opportunity. The present

© R Westerman Impacts 10 Impacts plan brings the reclaimed area much closer to the mainland. Restricted tidal flows are a major concern as they may impact on the nourishment the aquatic life of the area upon which shorebirds depend. 4. Carter Bank should be left unaltered. Important migratory shorebird activity has been observed here in past times. It intersects the RAMSAR zone and Australian Shorebirds have a regular presence here. It falls outside of the advertised opportunity zone. The development planned for here is minor compared with the remainder of the project but the placement of a permanent human presence here and the destruction of surrounding seagrass beds may have a severe impact on the ecology of the southern Broadwater. It would appear that it is attempting to develop this locations for reasons not fully revealed in its concept master plan. One objective could be set in place a process where it obtains title over the area.

A12

© R Westerman Impacts 11 Summary of Ecological Studies Summary of Ecological Studies and other documents 1. VDM Environmental Survey 2. Commonwealth Games and Major Projects Committee - GCCC 3. Shorebirds of the Broadwater - Gold Coast City Council 4. Shorebirds of the Gold Coast - GCCC , Griffith University 5. Broadwater Marine Project Fact Sheet 6. Sandy Beach Ecology - Gold Coast City Council 7. Notional Seaway Project EIS (2005)

The above documents identify: 1. The presence of shorebirds in the vicinity of Wavebreak Island and the intertidal sandbanks of the southern Broadwater. 2. Lack of fauna management in the southern Broadwater. 3. Management practices required to protect shorebirds. 4. Rules and regulations protecting Shorebirds

VDM 12 © R Westerman Summary of Ecological Studies 1. VDM Environmental Survey Prior to the election of the current Liberal - National Party Government a steering committee was established to implement a port authority for the Gold Coast. This committee commissioned an environmental study of the Gold Coast Broadwater. This resulted in the VDM Environmental Survey. A full copy of this report is enclosed with this submission. The following pages are extracts from this report. The report highlights the environmental value of the unnamed sandbanks and island directly south of Wavebreak Island (referred to as Curlew Island and Curlew Banks in this submission) Cover of this report. Shorebird Foraging and Roosting Sites. This map shows the foraging areas for shorebirds include ‘Curlew Banks’, the western shores of Wavebreak Island and Carter Bank. It shows ‘Curlew Island’ as a major shorebird roosting site. Conservation Areas. This diagram identifies ‘Curlew Banks’ as area of high conservation value. Conservation Areas. This diagram identifies ‘Carter Bank’ as an area of high conservation value. Seagrass Beds. This diagram illustrates a large area of moderate density seagrass on the eastern side of ‘Curlew Island’ where dredging activities are planned. It identifies areas of moderate seagrass cover in the channel areas surrounding ‘Curlew Banks’. Seagrass Beds. This diagram identifies areas of dense seagrass on Carter Bank and Wavebreak Island and area of moderate seagrass cover on Wavebreak Island and Carter Bank. The seagrass beds which are found on Carter Bank are regarded as among the healthiest beds on the Gold Coast Broadwater.

Extract from the Conclusion of the VDM survey, P149 “A number of shorebirds of conservation significance were recorded during the surveys in the project area. These migratory species are protected under international agreements (i.e. Bonn, CAMBA, GAMBA, JAMBA A8 and ROKAMBA) and the Commonwealth Environment Protection and Biodiversity Conservation Act 1999. Additionally, three (3) of the shorebird species are identified as identified as Endangered, Vulnerable and Near Threatened under Queensland and Commonwealth legislation – Numenius madagascariensis (eastern curlew), Sternula albifrons (little tern) and Esacus magnirostris (beach stone-curlew). These species were all recorded on and/or within the vicinity of Wavebreak Island. This area was identified as highly significant for shorebirds.”

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VDM 19 © R Westerman Summary of Ecological Studies 2. Adopted Report for the Commonwealth Games and Major Projects Committee Wednesday, 13 June 2012

This is a Gold Coast City Council Council report. It examines the impact of various options for siting a Cruise Ship Terminal on the Gold Coast Broadwater. One of the impacts examined is how the siting of the terminal would affect the ‘Migratory Birds’ found on the Gold Coast Broadwater. It provides a description of the birds and three matters which influence their habitat - 1. Seagrass beds, 2. Roost area and 3. ForagingAreas.

Quotation from P13 Wader birds – Migratory Species “Migratory birds are found in the site area with the Broadwater location being one of four areas in Queensland where migratory birds roost and feed on flight paths. The recent Broadwater Master Plan study area notes the highest area of significance for shorebirds is the sandy cay, south of Wavebreak Island.”

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Illustration of Migratory Wader area P49 of report. A8

VDM 21 © R Westerman Summary of Ecological Studies 3. Shorebirds of the Broadwater - Gold Coast City Council

Broadwater Roost Site

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VDM 24 © R Westerman Summary of Ecological Studies 5. Broadwater Marine Project Fact Sheet Available on the Broadwater Marine Project Website.

FACTSHEET

Extract: ENVIRONMENT EnvironmentalProject backgroundvalues of the southern Broadwater These substantial modifications to the Broadwater stabilised sand bars and channels, consolidating The southernThe Broadwater Marine is home Project to is a a variety joint initiative of marine of the flora and fauna species that use the sheltered water- wader bird habitat areas to their current locations. way for breeding,Queensland spawning, Government juvenile and Gold to Coast adult City growth, Council refuge and feeding. The relatively shallow intertidal areas and seekingstable sandprivate banks sector ofinvestment the southern to deliver Broadwater what could besupport The areas Seaway of established construction andalso mobilecreated a seagrass, significant rocky yabbies, worms,the largest molluscs integrated and tourism soldier development crabs. Sand in banks within substratethe Broadwater habitat for are marine also species recognised not previously feeding prevalent Queensland’s history. in the Broadwater or Moreton Bay area. Along with the and roosting grounds for migratory wader birds. bypass pipeline, it has become a popular dive attraction. Fringing coastalThe world-class land at project The Spit, seeks commonly delivery of a knowncruise ship as Federation Walk, has been subject to a concerted and terminal on State Government-owned land on The Spit or on Historically, seagrass colonies have always been subject ongoing revegetationWave Break Island effort in theby Broadwater.the community. This natural opento spaceseasonal area environmental provides influencesenvironmental and human habitat impact. and outdoor recreational value to residents and visitors. Recent studies and mapping demonstrate that mangrove In addition to the terminal, the potential multi-billion dollar habitat creation and stormwater treatment, such as in the Studies andintegrated assessments tourism project could include a hotel, casino, Broadwater Parklands redevelopment at Southport, can marina and super yacht facilities, retail, entertainment, The Broadwater has been subject to recent environmental baselineassist study in re-colonisation to inform futureof seagrass waterways in the Broadwater. planning. Thishospitality, study included community detailed open space, evaluation recreation of facilitiesthe current and a environmental values of the Broadwater. mix of residential development. The southern tip of South Stradbroke Island was Proposal considerations reclaimed with sand from the seaway, becoming an A Gold Coast cruise ship terminal and associated tourism environmental and coastal management reserve; now A8 Proposals infrastructurefor the project have must the potential respect to theboost environmental tourist visitation, qualities of the Broadwater. A balanced approach recognised under a RAMSAR* site classification. must be takenincreasing to fosteringexpenditure city-wide into the state economic and local economies opportunity while responsibly managing environmental impacts. Asand the creating extent jobs. of the proposals will be a key factor in determiningA sand bypass potential system operates environmental at the seaway impacts, to a flexible framework is supported to enable innovative responses,maintain subject the northerlyto proposals drift of sandaddressing along the a coastlinerange of Context that would otherwise be trapped against the southern matters including: training wall. Together with periodic delta dredging, this Historically, the natural estuary of the Nerang River entrance • protecting RAMSAR* sites and Broadwater environmental valuescoastal by process mitigating is maintained impacts with on South significant Stradbroke and Broadwater was a dynamic coastal system defined Island and Gold Coast beaches nourished. habitat areasby shallow, with local mobile offsets channels prioritised and shifting in sand the bars.Broadwater • establishing strict protocols to ensure no cruise ship dischargeThe into Moreton the Broadwater Bay Marine Parkand nowemergency extends into manage - In 1986 the Gold Coast Seaway was opened to stabilise the northern Broadwater, north of Wave Break ment proceduresthe river entrancefor sewage/spills and improve • navigational positively safety. addressing environmental considerations Island; and to the ocean north of the Seaway. • adoptingNavigation best practice channels water were management dredged to the measures south and north Protectingconnecting environmental the Pacific Ocean values and the Gold Coast Seaway * www.ramsar.org to the Broadwater, creating Wave Break Island, which was Due to thevegetated Broadwater’s to help protectecological the shoreline. significance, See images environmental below: matters will be rigorously assessed when proposals for the project are considered. In addition, as part of statutory approval processes for the project, advice from federal, state and local governments will be required. One environmental aspect to the Broadwater is the presence of migratory birds recognised nationally and internationally as having significant environmental values. As a result, any preferred consortia identified during the Request for Detailed Proposals stage may have their proposal referred to the Federal Government under the Environmental Protection and Biodiversity Conservation Act 1999. Under these circumstances the community can make submissions to the assessing authority regarding the proposal and how adequately environmental matters have been considered. These submissions must be taken into account when considering whether to ultimately approve the project.

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1971 Pre-Seaway 1986 Seaway Works 1995 Stabilised Summary of Ecological Studies

6. Sandy Beach Ecology

This a general review of the physical aspects of the Gold Coast Broadwater. It also lists the fauna found in this area. The quote below notes the disturbance factors shorebirds face. It also draws attention to the lack of fauna management of the area.

Quote from Introduction Page III “Several groups of vertebrates make use of sandy beaches for foraging, nesting, and breeding (McLachlan and Brown, 2006). Birds are the most important vertebrates commonly encountered on sandy beaches, both in terms of abundance and diversity and their role in beach ecosystems (McLachlan and Brown, 2006). Shorebirds need food and protection from predators and human disturbances in order to recuperate from long migrations and for breeding (EPA and QPWS, 2006). The information presented in this review suggests that inadequate intertidal resources (a result of constant beach nourishment practices), constant human disturbance, lack of suitable habitat for roosting and general habitat loss and degradation could be the main threats to shorebirds on Gold Coast beaches. Hence there is an urgent need to refine the available knowledge on factors such as seasonal distribution, degree of human disturbances, population number of resident communities, feeding and roosting grounds, nesting sites and distribution and abundance of intertidal resources. In addition there is also a need to develop scientifically based management actions in order to protect feeding and roosting grounds as well as nesting sites from human made disturbances and other.”

VDM 26 © R Westerman Summary of Ecological Studies 7. Notional Seaway Project EIS (2005) In 2005 the Queensland Government proposed to build a ship terminal in the Gold Coast Broadwater. This proposal sited a ship dock beside Doug Jennings Park in the Gold Coast Seaway and proposed to convert Marine Stadium into a marina. Wavebreak Island, Carter Bank and the sandbanks south of Wavebreak Island were largely unaffected by the proposal. An EIS was produced to support the proposal. This EIS recognised the presence of migratory birds on the Gold Coast Broadwater. Extracts from the Notional EIS 1.4 Environmental Impact Assessment Process 1.4.1 Overview of Legislative Processes On 17 October 2005, the Project was declared a ‘significant project’ pursuant to Section 26 of the State Development and Public Works Organisation Act 1971 (SDPWOA). The declaration initiates the statutory environmental impact assessment procedure of Part 4 of this Act, which requires the proponent to prepare an Environmental Impact Statement (EIS) for the project. The Project was determined to be a ‘controlled action’ under the EPBC Act on 9 December 2005 and the controlling provisions being wetlands of international importance (sections 16 and 17B), listed threatened species and communities (sections 18 and 18A), listed migratory species (sections 20 and 20A) and marine environment (sections 23 and 24A). Part C - 16 Nature Conservation 16.1.1.1 Environmentally Significant Areas The Broadwater “...... In the vicinity of the study area there are several large intertidal sand flats and exposed sand bars that are provided habitat for migratory and seabirds. The largest are located to the west and south of Wavebreak Island (Figure 16-1)” 12.2.1.6 (This project proposed to construct facilities in the vicinity of the Gold Coast Seaway and this quote notes how impacts on other parts of the Broadwater has been avoided.) A8 “The project does avoid impacting on large intertidal sands flats within the Broadwater that are providing feeding and roosting resources for migratory and seabirds.” ‘Appendix N Flora and Fauna Database Searches’ contains an extensive list of birdlife found in the Gold Coast Broadwater. This includes the intertidal areas directly south of Wavebreak Island.

VDM 28 © R Westerman Curlew Island and Curlew Banks International Bird Habitat. The sand island and the sandbanks south of Wavebreak Island are currently Carter Bank unnamed. An official naming process is underway and the proposed names for these areas are ‘Curlew Island’ and ‘Curlew Banks’. For the purposes of this document these features will be referred to as Curlew Island and Curlew Banks. Wavebreak Is This area is an important habitat for bird life. 40 species of birdlife have been Gold Coast Seaway observed here during the past two years. An important group of birds which use this area are known as Shorebirds or Waders. These birds forage on these sandbanks for small fish, crabs, crustaceans, shellfish, worms, insects and other Spit marine life. Some species are local but many are international migrants. The international birds undertake very long migrations between Australia and north polar lands. The three main migratory species found here Eastern Curlews, Bar-tailed Godwits and Whimbrels. They are present here for every day during the summer ‘Curlew Is’ months. Several other species of waders visit this site while en-route to other destinations. Double-banded Plovers from New Zealand visit here during the ‘Curlew Banks’

Curlew Is and Banks winter months. These birds have protection under a number of international treaties and conventions. Large numbers of terns including Crested Terns, Caspian Terns, Gull-billed Terns, Common Terns and Little Terns are also found here. Shorebirds do not have webbed feet so they are unable to swim or rest on water. Their long thin toes enable them to move easily across soft sand or mud. They seldom roost in trees and they require a sandy bank above high tide mark where they may escape rising tidal water. Such a location is known as a roost. Most shorebirds are fast flyers and are able to escape predators providing they have time to launch themselves. They are easily ambushed in timbered areas, so they prefer a roost in an area which is only lightly covered with foliage. Curlew Island is the premier shorebird roost in the southern Broadwater but due to human disturbance and potential loss of adjacent feeding grounds through development, it has a fragile future. © R Westerman Curlew Is 29 Curlew Island has the attributes of a good roost for shorebirds. • It has sandy beaches above the high tide mark. Grand Channel • It was lightly vegetated until recently. • It is close to excellent shorebird feeding areas. • It has no connection to the mainland and mainland predators. • It is away from the main boat channels so the birds have been able to 4 3 1 tolerate most passing traffic. Migratory birds are timid and are easily disturbed by human activity. 12 Main • The island has no access to deep draught vessels. 2 Boat • There is a broad shelf of sand on it its north-eastern and eastern 6 5 Channel shore which gives it a disturbance buffer from passing boats and some 8 protection from their wash. • Until now human visitation has been low. It has not been an attractive destination for boat users and the western side has a muddy approach which deters most people except bait diggers. 9 • The banks are a prolific feeding area for migratory waders. Inside Features as shown on map. passage 1 Sand shelf which protects island from boat wash except at peak of tide. 10 Curlew Is and Banks 7 2 Shoals (old tree stumps) discourage approach from this direction. 11 3 Access to island too shallow for large vessels. 4 Northern end high tide roost area. 5 Southern end high tide roost area. 6 Major feeding area for migratory waders from high tide to low tide. 7 This basin is a feeding area between low and mid-tide. Area of minor bird 8 Channel feeding area - mid tide. activity 9 Tern roosting area. All tides except high. 10 Minor roost area for Terns and waders - mid tide. 11 Minor feeding area - mid tide. 12 Mid tide feeding area for Godwits and Whimbrels. © R Westerman Curlew Is 30 Curlew Island Roost Sites There are three sand banks directly south of Wavebreak Island. The first two support many birds while the small bank opposite Broadwater Park contains limited birdlife. This Google Image opposite was downloaded from Google Earth. The image was dated 23 /06/2008. Since that time the island has extended slightly further south and has become more heavily vegetated. A heavy vine growth has covered the southern end of the island. This has formed a bund around the sand to create a steep bank and lower the height of the roosting area. Northern Roost site In extreme tides the birds are forced to roost close to his steep bank and their view to the north is obscured. In very high tides the area is subject to wash from boats. People using the island at this time will most certainly disturb the birds. These factors have resulted in the area becoming less popular for migratory birds and less effective as a roost in extreme weather conditions or very high tides. Approximate High The area could be easily modified to restore it to its Tide Mark former state. Central Roost site At high tide a small area of exposed sand is left exposed

Curlew Is and Banks on either end of the island. A large number of birds congregate at these locations. Sometimes all the birds may be found at one end of the island. Weather conditions appear to influence the choice of which location to roost. If birds are disturbed they will alternate between roosts. Southern Roost site Birds appear to prefer the northern end at half to three quarter tide and the southern end at full tide. Towards the southern end and on the eastern side there is a sand patch (Central Roost) which Whimbels and Bar- tailed Godwits use. This is close to one of their feeding areas. (Feature 12 on previous page) Eastern Curlews prefer the western edge of the southern or northern roosts and spread out in a line along the Curlew Island could be an excellent bird roost for many years to come if the island was cared for waters edge and begin feeding as the tide drops. and disturbance factors were managed. Visitation at high tide needs to be strictly managed.

Southern Roost - Oct 16, 2012

© R Westerman Curlew Is 32 Whimbrels and Bar-tailed Godwits using Central Roost area. On this day the birds were using the roost to shelter from strong South East winds. These birds would be disturbed by anyone walking along this section of beach at this time. Photo: 06/11/2013 Curlew Is and Banks

Eastern Curlews feeding near Marine Parade (Feature 6) Photo: 21/02/2013 Curlew Is and Banks

Little Black Cormorant using Feature 4. P2

Curlew Is and Banks Photo: 29/11/2012

© R Westerman Curlew Is 35 Birds of Curlew Island: Compiled from 10 bird counts by Robert Westerman and others between May 23, 2012 and December 18, 2013. Migratory Shorebirds Presence: Comment: Eastern Curlew 35-65 Always present each day during spring-summer Favour western side of island. Principal feeding area near roost. Bar-tailed Godwit 34-135 Always present daily during spring-summer Congregate on roost at H tide but range widely over Broadwater Whimbrel 42-84 Always present each day during spring-summer Congregate on roost at H tide but range widely over Broadwater Double-banded Plover 68-84 Frequent visitors during winter Prefer western side of southern roost Grey Plover Rare visitor during Spring Observed on southern roost Golden Plover Occasional visitor during Spring Observed on southern roost Greater Sand Plover Rare visitor during summer Observed feeding with Eastern Curlews at mid-tide Red-necked Stint Occasional visitor during spring-summer Prefer southern roost area Great Knot Rare visitor during summer Observed feeding with Eastern Curlews at mid-tide Grey-tailed Tatler Occasional visitor during spring-summer Observed feeding with Eastern Curlews at mid-tide Curlew Sandpiper Occasional visitor during spring-summer Observed on western shoreline of island at mid-tide. Migratory Terns: Common Tern 4-68 Observed most days during spring-summer Prefer eastern side of southern roost Little Tern Occasional flocks during spring-summer Prefer eastern side of southern roost Caspian Tern Present in small numbers all days, all year Roosts with other terns prefers western side of island

Curlew Is and Banks Australian Terns: Crested Terns Present in large numbers (+100) all year Widely distributed on Broadwater. Prefers eastern side of roost areas. Gull-billed Tern Present in small numbers all year, more in winter Prefer western side of island Pelagic Australian Gannet Present during migration Juvenile gannets frequent visitors to Broadwater Short-tailed Shearwater Present during migration Observed on waters near island. Australian Shorebirds: Pied Oystercatchers Present in small numbers all days, all year Found on all parts of island and banks Masked Lapwing Present in small numbers summer, plentiful in winter Widely distributed throughout Broadwater Red-capped Plover Frequent visitor (2-20) all year, more in winter. Prefer southern end of island. Black-winged Stilt Occasional visitor Observed in channel between the major sandbanks. Beach Stone Curlew Occasional visitor Rare bird - has attempted to breed on island.

© R Westerman Curlew Is 36 Silver Gull Very common all year Widely distributed throughout Broadwater Australian Pelican Very common all year Widely distributed throughout Broadwater Waterbirds White-faced Heron Solitary frequent visitor Widely distributed throughout Broadwater Reef Heron Rare visitor Observed near southern roost Striated Heron Occasional visitor Observed near channel area between major sand banks. Little Egret Occasional visitor Observed near water edge of banks at low to mid tide. Intermediate Egret Frequent visitor Observed near water edge of banks at low to mid tide. Great Egret Occasional visitor Observed near water edge of banks at low to mid tide. Royal Spoonbill Occasional visitor Observed near water edge of banks at low to mid tide. Little Pied Cormorant Frequent visitor Observed in waters around island Pied Cormorant Solitary frequent visitor Makes frequent use of Central Roost. Little Black Cormorant Common resident of Broadwater Up to 400 frequently roost on any part of island. Raptors: Eastern Osprey Frequent visitor Perches in trees near Central Roost. Brahminy Kite Frequent visitor Scavengers on tidal banks. Whistling Kite Frequent visitor Observed in flight over island. White-bellied Sea-Eagle Frequent visitor Observed in flight over island. Other Birds: Curlew Is and Banks Torresian Crow Frequent visitor. Very common in winter. Observed in tidal area during winter. Magpie Occasional visitor Presence confined to island Grey Butcherbird Occasional visitor Roosts in trees on island. Pied Butcherbird Occasional visitor Roosts in trees on island. Black-faced Cuckoo Shrike Occasional visitor Roosts in trees on island Australian Pipit Frequently observed Observed gathering nesting material during 2013 Golden-headed Cisticola Pair resident during 2013 Observed on southern end of island Noisy Miner Frequent visitor Observed in trees on island. Rainbow Lorikeet Frequent visitor Observed in trees on island. Scaly-breasted Lorikeet Occasional visitor Observed in trees on island. Welcome Swallow Present all year, sometime in large numbers Observed feeding in flight above island.

© R Westerman Curlew Is 37 Threats to Curlew Island High tide is a critical time for the birds as they are highly vulnerable to disturbance factors. These threats include: 1. Fast moving vessels which have the opportunity to come close the island. 2. Big vessels moving up the main channel leave large wakes which cause waves to wash over the roost sites. This often puts flocks to flight and causes them to seek alternate sites. 3. Day trippers arrive, walk among roosting flocks, release dogs which chase the birds or compete with the birds for beach space. At all tides visitors often arrive with pets and use the island as a dog exercise area. Prevention of this activity and public education to treat the island with respect may ensure it remains a valuable wildlife refuge. A current proposal to dredge a boat channel directly Shorebirds evading waves caused beside the eastern shore of the island would lead to by vessel in main channel. the destruction of the island as a shorebird roost. Photo: 18/12/2013 Curlew Is and Banks

Photo of dog released on island 04/10/2012. This is a frequent occurrence.

Photo 22/02/2012

© R Westerman Curlew Is 38 A13 Mitigation Protection of Shorebirds and their Habitat At Federal and State levels there is legislation which encourages protection of the environment. Some Acts directly address the needs of shorebirds while others support their needs indirectly. All promote the maintenance of Australia’s natural ecology in their statement of objectives. The China ASF project proposes to resume a very large area of seabed in the Gold Coast Broadwater. It would appear that the Government decision to make this area available for development was made without 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. This will result in a large amount of bureaucratic manouvering which has the object of circumventing or minimising the force of government legislation. The result is likely to be a superficial, rather than a fundamental effort to protect the natural values of this area. Commonwealth The Environment Protection and Biodiversity Conservation Act 1999 (EPBC) Sect 3 Objects of Act, include (a) to provide for the protection of the environment, especially those aspects of the environment that are matters of national environmental significance; and (b) to promote ecologically sustainable development through the conservation and ecologically sustainable use of natural resources; and (c) to promote the conservation of biodiversity; (d) to promote a co-operative approach to the protection and management of the environment involving governments, the community, land-holders and indigenous peoples; and (e) to assist in the co-operative implementation of Australia’s international environmental responsibilities;

Queensland Sustainable Planning Act 2009 3 Purpose of Act The purpose of this Act is to seek to achieve ecological sustainability by— (a) managing the process by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; and (b) managing the effects of development on the environment, including managing the use of premises; Nature Conservation Act 1992 4 Object of Act The object of this Act is the conservation of nature while allowing for the following— (a) the involvement of indigenous people in the management of protected areas in which they have an interest under Aboriginal tradition or Island custom; (b) the use and enjoyment of protected areas by the community; (c) the social, cultural and commercial use of protected areas in a way consistent with the natural and cultural and other values of the areas. The following instruments - Qld Fisheries Act, Coastal Management Plan and Environmental Offsets Bill have direct application to the Gold Coast Broadwater. Queensland Fisheries Act 1994 Section 123 - Protection of Marine Plants Coastal Management Plan This is implemented under The Coastal Protection and Management Act 1995 This act requires the publishing of a ‘Coastal Management Plan’ at regular intervals. Objects of the current plan include: (a) provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; This plan includes the following Statement on Nature Conservation: A13 © R Westerman Mitigation 39 A13 Mitigation Matters of state environmental significance (MSES) are conserved by avoiding impacts or where impacts cannot be avoided residual impacts are mitigated through rehabilitation measures. 2.1 Areas containing MSES are conserved by: • protecting areas containing MSES, sensitive natural ecosystems, their process and habitat (particularly feeding, nesting and roosting sites) from threats, and • maintaining, enhancing or re-establishing habitat connectivity for species movement. 2.2 Where impacts on MSES cannot be avoided, impacts are mitigated by actions such as restoring or rehabilitating natural environmental values of similar or adjacent habitat or other actions that reduce threats to MSES. Environmental Offsets Bill 2014 3 Purpose and achievement (1) The main purpose of this Act is to counterbalance the significant residual impacts of particular activities on prescribed environmental matters through the use of environmental offsets. The ‘Environmental Offset’ policy document describes the application of this Act. 1.3 Offset principles An environmental offset must meet the following seven offset principles: 1. Offsets will not replace or undermine existing environmental standards or regulatory requirements, or be used to allow development in areas otherwise prohibited through legislation or policy. 2. Environmental impacts must first be avoided, then minimised, before considering the use of offsets for any remaining impact. 3. Offsets must achieve a conservation outcome that achieves an equivalent environmental outcome. 4. Offsets must provide environmental values as similar as possible to those being lost. 5. Offset provision must minimise the time-lag between the impact and delivery of the offset. 6. Offsets must provide additional protection to environmental values at risk, or additional management actions to improve environmental values. 7. Where legal security is required, offsets must be legally secured for the duration of the impact on the prescribed environmental matter.

Many of the impacts which will result from the Cruise Ship Terminal are avoidable. • There is no need to compromise the roosting and feeding capacity of the unnamed island and sandbanks south of Wavebreak Island. • There is no need to compromise the environment of Carter Bank by construction activities and the removal of Seagrass beds. • There is no need to build on the western sandbanks of Wavebreak Island and destroy seagrass and shorebird feeding areas. This Act clearly states that offsets are actions of the last resort.. Marine Parks (Moreton Bay) Zoning Plan, 2008 Subordinate Legislation 2008 No. 343, made under the Marine Parks Act 2004 This Act applies to the Moreton Bay Marine Park which includes a large part of the Gold Coast Broadwater. The regulations in this act illustrate the measures which are required to protect shorebirds. Extracts from this Act which are relevant to Shorebirds: Part 2 Requirements for particular applications for permissions (2) Without limiting the matters the chief executive must, under the Regulation, part 3, have regard to in considering the application, the chief executive must consider the following— (g) the effect of the proposed entry to or use of the zone on— (i) shorebirds, particularly international migratory species of shorebird; and (ii) the need to protect shorebirds and the habitat of shorebirds; Part 7 Restrictions on activities in the marine park A13 © R Westerman Mitigation 40 A13 Mitigation 101 Disturbing shorebirds (1) A public authority exercising statutory powers in relation to the marine park must consult with the chief executive about any proposal or action by the authority that may affect the value of the marine park to shorebirds. (2) A person must not take a dog into the marine park unless the dog is controlled or restrained by the person in a way that prevents the dog from causing unreasonable disturbance to a shorebird in the marine park. Maximum penalty—10 penalty units. (3) A person must not cause unreasonable disturbance to shorebirds in the marine park including, for example, by— (a) navigating an aircraft or vessel through a group of feeding or roosting shorebirds; or (b) driving a vehicle through a group of feeding or roosting shorebirds; or (c) landing or taking off in an aircraft through, or hovering in an aircraft above, a group of feeding or roosting shorebirds. Maximum penalty—10 penalty units. Example of unreasonable disturbance— causing a shorebird to take flight (4) A person must not, in the marine park, cause unreasonable disturbance to a shorebird’s habitat. Maximum penalty—10 penalty units. Shorebird Management Strategy - Moreton Bay Policy document produced by Queensland Parks and Wildlife, 2005 This is a concise but comprehensive document which identifies the main threats to shorebirds and the management strategies which may be applied to conserve shorebird populations and their habitat. The extract below highlights the importance of conserving roosts. The southern Broadwater is the most southerly portion of Moreton Bay “Although there are 112 identified roost sites in Moreton Bay, only 15 of these are available to some 50,000 shorebirds during the particularly high spring tides that occur on a few days each month. These roosts are the highest astronomical tide (HAT) roosts (Nichols & Maher 1999; Miller 1997). At these times, all of Moreton Bay’s shorebirds are crowded into the limited roost areas, and disturbance during this time is more critical than usual. A significant number of these roosts are considered threatened by development and by their definition beyond the boundary of the marine park.” This document identifies the main threats to shorebirds as: Habitat loss and habitat degradation Disturbance Lack of Awareness It recommends a five point strategy for management Strategies: Protect Shorebird Habitat Protect shorebirds from disturbance Protect critical shorebird sites Provide community education Conduct research and monitoring

The document also contains a list of shorebirds found in Moreton Bay and their conservation status.

This document was produced by the Queensland Government and may be downloaded from the internet by searching for: Shorebird Management Strategy Moreton Bay