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New South Wales Government Gazette No. 40 of 5 October 2012

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New South Wales Government Gazette No. 40 of 5 October 2012 4271 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 105 Friday, 5 October 2012 Published under authority by the Department of Premier and Cabinet LEGISLATION Online notification of the making of statutory instruments Week beginning 24 September 2012 THE following instruments were officially notified on the NSW legislation website (www.legislation.nsw.gov.au) on the dates indicated: Proclamations commencing Acts Workers Compensation Legislation Amendment Act 2012 No 53 (2012-474) — published LW 28 September 2012 Regulations and other statutory instruments Civil Liability (Non-economic Loss) Amendment Order 2012 (2012-475) — published LW 28 September 2012 Motor Accidents (Determination of Non-Economic Loss) Amendment Order 2012 (2012-476) — published LW 28 September 2012 Motor Accidents Compensation (Determination of Loss) Amendment Order 2012 (2012-477) — published LW 28 September 2012 Passenger Transport Amendment (Kings Cross Taxi Fare Pre-payment) Regulation 2012 (2012-486) — published LW 28 September 2012 Sydney Olympic Park Authority Regulation 2012 (2012-478) — published LW 28 September 2012 Transport Administration (General) Amendment (Transport Cleaning Services) Regulation 2012 (2012-479) — published LW 28 September 2012 Workers Compensation Amendment (Transitional) Regulation 2012 (2012-480) — published LW 28 September 2012 Environmental Planning Instruments Clarence Valley Local Environmental Plan 2011 (Amendment No 3) (2012-482) — published LW 28 September 2012 Lake Macquarie Local Environmental Plan 2004 (Amendment No 66) (2012-483) — published LW 28 September 2012 Narrabri Local Environmental Plan No 54 (2012-484) — published LW 28 September 2012 Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 15) (2012-485) — published LW 28 September 2012 State Environmental Planning Policy (Western Sydney Employment Area) Amendment (Industrial Training Facilities) 2012 (2012-481) — published LW 27 September 2012 4272 OFFICIAL NOTICES 5 October 2012 Other Legislation THREATENED SPECIES CONSERVATION ACT 1995 Notice of Preliminary Determination THE Scientific Committee has made a Preliminary Determination proposing that the following be listed in the relevant Schedule of the Threatened Species Conservation Act 1995. Critically Endangered Species (Part 1 of Schedule 1A) Callistemon megalongensis (Craven & S.M. Douglas) Udovicic & R.D. Spencer, a shrub Any person may make a written submission regarding this Preliminary Determinations. Send submissions to Suzanne Chate, PO Box 1967, Hurstville BC 1481. Submissions close 30 November 2012. Notice of Final Determination The Scientific Committee has also made a Final Determination to REJECT a proposal to remove Macrozamia johnsonii D. Jones & K. Hill from Part 1 of Schedule 1 (Endangered Species) of the Threatened Species Conservation Act. Copies of these Determinations, which contain the reasons for the determinations, may be obtained free of charge on the Internet www.environment.nsw.gov.au, by contacting the Scientific Committee Unit, PO Box 1967 Hurstville BC 1481. Tel: (02) 9585 6940 or Fax (02) 9585 6606 or in person at the Office of Environment and Heritage Information Centre, Level 14, 59-61 Goulburn Street, Sydney. Copies of the determinations may also be obtained from National Parks and Wildlife Service Area Offices and Visitor Centres, subject to availability. Associate Professor MICHELLE LEISHMAN, Chairperson NEW SOUTH WALES GOVERNMENT GAZETTE No. 105 5 October 2012 OFFICIAL NOTICES 4273 New South Wales Notice of Final Determination under the Threatened Species Conservation Act 1995 The Scientific Committee established under the Threatened Species Conservation Act 1995 has made a final determination to insert the following ecological community as an endangered ecological community under that Act and, accordingly: (a) Schedule 1 to that Act is amended by inserting in alphabetical order in Part 3: Coolibah-Black Box Woodland in the Darling Riverine Plains, Brigalow Belt South, Cobar Peneplain and Mulga Lands Bioregions (as described in the final determination of the Scientific Committee to list the ecological community) (b) Schedule 1 to that Act is amended by omitting from Part 3: Coolibah-Black Box Woodland of the northern riverine plains in the Darling Riverine Plains and Brigalow Belt South bioregions (as described in the final determination of the Scientific Committee to list the ecological community) This Notice commences on the day on which it is published in the Gazette. Dated, this 30th day of July 2012. Associate Professor Michelle Leishman Chairperson of the Scientific Committee Copies of final determination and reasons Copies of the final determination and the reasons for it are available to members of the public (free of charge) as follows: (a) on the Internet at www.environment.nsw.gov.au, s2012-273-22.d03 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 105 C:\Docs\si\s2012-273\d03\s2012-273EXN.fm 13/7/12, 02:00 pm 4274 OFFICIAL NOTICES 5 October 2012 Notice of Final Determination (b) by contacting the Scientific Committee Unit, by post C/- Office of Environment and Heritage, PO Box 1967, Hurstville BC NSW 1481, by telephone (02) 9585 6940 or by facsimile (02) 9585 6989, (c) in person at the Office of Environment and Heritage Information Centre, Level 14, 59–61 Goulburn St, Sydney. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 105 C:\Docs\si\s2012-273\d03\s2012-273EXN.fm 13/7/12, 02:00 pm 5 October 2012 OFFICIAL NOTICES 4275 THREATENED SPECIES CONSERVATION ACT 1995 Final Determination THE Scientific Committee, established by the Threatened Species Conservation Act, has made a Final Determination to list Coolibah – Black Box Woodland in the Darling Riverine Plains, Brigalow Belt South, Cobar Peneplain and Mulga Lands Bioregions, as an Endangered Ecological Community in Part 3 of Schedule 1 of the Act and as a consequence, to omit reference to Coolibah – Black Box Woodland of the northern riverine plains in the Darling Riverine Plains and Brigalow Belt South Bioregions, from Part 3 of Schedule 1 (Endangered Ecological Communities) of the Act. Listing of Endangered Ecological Communities is provided for by Part 2 of the Act. The Scientific Committee has found that: 1. Coolibah – Black Box Woodland of the northern riverine plains in the Darling Riverine Plains and Brigalow Belt South bioregions was listed as an Endangered Ecological Community under the Threatened Species Conservation Act 1995 in May 2004 (NSW Scientific Committee 2004). Since this time a large volume of new data and analyses have become available and the Committee is of the opinion that the determination of this community should be updated in the light of these data (NSW Scientific Committee 2009), along with information from the listing of the community under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (TSSC 2011). As part of the revision the Committee considers that the name, Coolibah – Black Box Woodland in the Darling Riverine Plains, Brigalow Belt South, Cobar Peneplain and Mulga Lands Bioregions, is more appropriate for this ecological community. 2. Coolibah – Black Box Woodland in the Darling Riverine Plains, Brigalow Belt South, Cobar Peneplain and Mulga Lands Bioregions is the name given to the ecological community characterised by the species assemblage listed in paragraph 3 and found on the grey, self-mulching clays of periodically waterlogged floodplains, swamp margins, ephemeral wetlands, and stream levees. The structure of the community may vary from tall riparian woodlands to very open 'savanna like' grassy woodlands with a sparse midstorey of shrubs and saplings. The latter is the more common structural form, sometimes with a crown cover less than 1%. Areas subjected to tree clearing or ring-barking may have very little or no tree cover. Typically these woodlands form mosaics with grasslands, shrublands and wetlands. In NSW, the majority of the community occurs within the Darling Riverine Plains and Brigalow Belt South Bioregions, with minor occurrences likely to occur in the Cobar Peneplain and Mulga Lands Bioregions (sensu Thackway & Cresswell 1995). A map of this version of Interim Biogeographic Regionalisation of Australia is available at http://www.environment.nsw.gov.au/ committee/ListofScientificCommitteeDeterminations.htm Coolibah – Black Box Woodlands of the Darling Riverine Plains and Brigalow Belt South Bioregions is listed as nationally endangered under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (TSSC 2011). However, the Commonwealth listing advice excludes some patches here regarded as Coolibah – Black Box Woodland in the Darling Riverine Plains, Brigalow Belt South, Cobar Peneplain and Mulga Lands Bioregions on the basis of condition or structure threshholds. 3. The composition of the suite of plant assemblages that comprise this ecological community is primarily determined by the frequency and duration of inundation by overbank floods. As a consequence, species composition varies from the channelised parts of the floodplain to the less frequently inundated outer parts of the floodplain and between catchments exposed to different flood regimes. The community is characterised by the following assemblage of species: Abutilon oxycarpum Acacia cambagei Acacia excelsa Acacia pendula Acacia salicina Acacia stenophylla Alectryon oleifolius subsp. elongatus Alstonia constricta Alternanthera nodiflora Apophyllum anomalum Aristida platychaeta Astrebla lappacea Atalaya hemiglauca
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