Yanchep Rail Extension Part 2 2020 Annual Compliance Assessment.Pdf
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DIVISION OR LOGO Yanchep Rail Extension Part 2: Eglinton to Yanchep Annual Compliance Report EPBC 2018/8262 Reporting Period: 25 May 2020 – 31 December 2020 For more information contact Public Transport Authority Public Transport Centre, West Parade, Perth WA 6000 PO Box 8125, Perth Business Centre, Perth WA 6849 Telephone: (08) 9326 2000 Email: [email protected] www.pta.wa.gov.au Contents 1. Introduction ............................................................................................................................ 3 1.1. Approval under the Environmental Protection and Biodiversity Conservation Act 1999 .... 3 1.2. Purpose of this Report ...................................................................................................... 3 2. Compliance ............................................................................................................................ 5 Attachment A – Clearing within Banksia Woodlands of the Swan Coastal Plain Threatened Ecological Community ............................................................................................................... 11 Attachment B – Clearing within foraging habitat including potential breeding trees ............ 13 Attachment C – Clearing within Chuditch potential habitat ..................................................... 15 Attachment D - Indirect Impacts Environmental Management Plan Audit ............................. 17 Attachment E – Construction Environmental Management Plan Audit .................................. 19 Attachment F – Proponent Notification of Commencement .................................................... 41 Attachment G – Clearing Boundary Incident ............................................................................ 43 Attachment H – Yanchep Rail Extension Ningana Condition Monitoring (NACMS, 2020) ..... 62 Tables Table 1 Annual Compliance (2020) with EPBC 2018/8262 ............................................................. 5 Figures Figure 1: Development Envelope .................................................................................................... 4 2 Public Transport Authority EPBC 2018/8262 Compliance Report 2 1. Introduction The Yanchep Rail Extension Part 2 Eglinton to Yanchep (the Proposal) involves the construction of a 7.2 kilometre (km) extension to the Joondalup railway line from the future Eglinton Station to the suburb of Yanchep in the City of Wanneroo. The Proposal also includes one new intermodal transit station at Yanchep, Principal Shared Path, bridge infrastructure, and construction and access areas (Figure 1). 1.1. Approval under the Environmental Protection and Biodiversity Conservation Act 1999 The Proposal was referred to the then Department of the Environment and Energy (now Department of Agriculture, Water and Environment (DAWE)) for assessment under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) as the Project was deemed to potentially impact significantly on vegetation representative of the Banksia woodlands Threatened Ecological Community (TEC) and the listed threatened species, Carnaby’s Black Cockatoo (Calyptorhynchus latirostris). Foraging habitat for the western quoll (chuditch) Dasyurus geoffroyii was also proposed to be impacted. The Proposal was determined by DAWE to be a ‘Controlled Action’ and was assessed through accredited assessment under the Environmental Protection Act 1986 (EP Act). The DAWE issued approval of the Proposal on 25 May 2020 (EPBC 2018/8262) and included a number of conditions that the Public Transport Authority of Western Australia (PTA) (the Proponent) is required to fulfil. Since the Proposal was granted approval to be implemented there has been one change to EPBC 2018/8262, as follows: a. On 27 November 2020, a decision to vary conditions of approval was made under section 143. The variation included: i. Delete conditions 1 and 16 attached to the approval and substitute with the conditions specified in the variation. ii. Delete the definitions of Construction Environment Management Plan and Western Australian Ministerial Statement 1129 attached to the approval and substitute with the definitions specified in the variation. iii. Delete Attachments A, B, C and D and replace with the attachments specified in the variation. This annual compliance report reflects the changes made to the Proposal under Section 143 of the EPBC Act. 1.2. Purpose of this Report The Proponent has commenced implementation of the Proposal. The Proposal is in the construction phase with fauna trapping, vegetation clearing, fencing, topsoil stripping, bulk earthworks and site establishment having been undertaken during the reporting period. Substantial commencement of the Proposal was confirmed as of 17 August 2020. In accordance with condition 8, the PTA formally provided confirmation of substantial commencement of the Project to the CEO on the 15 September 2020. It should be noted that the PTA recognised that the notification resulted in a potential non-compliance to Condition 8, with notification being provided 20 days following commencement. On 22 September 2020, DAWE confirmed that an enforcement action would not be an appropriate response. This annual compliance report reports on PTA’s compliance status against EPBC 2018/8262 for the period 25 May 2020 to 31 December 2020. 3 Public Transport Authority EPBC 2018/8262 Compliance Report r D n a e c O n a i d Yanchep n X" Station I Y A N C H E P N A T II O N A L P A R K L O C H M C N E S S M a rm io n A v YANCHEP I n d i a n O c e a n Eglinton X" Station Yanchep Rail Extension Part 2 | EPBC 2020 Compliance Reporting EGLINTON Figure 1 | Development Envelope Legend Development Envelope (EPBC 2018/8262) National Park Surface Water Feature X" Proposed Railway Station Date Printed: 16/03/2021 Created By: R.McGregor Approved by: R.Darby File: PTA-YRE-0136-0001_A4P_v1 Scale: 1 : 3 5 , 0 0 0 @ A4 ¯ Coordinate System: GDA 1994 MGA Zone 50 0 500 1,000 m Document Path: \\ptcvwpfsnm01\IPLS_GIS\PROJECTS\06_YRE\MAPS_001_200\PTA-YRE-0136-0001_A4P_v1.mxd Base Data: Nearmap 2019, Landgate 2019, Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community 2. Compliance Table 1 Annual Compliance (2020) with EPBC 2018/8262 Condition Evidence / Comment Condition Description Status number 1 To minimise impacts to EPBC Act listed species and ecological Compliant To date, the following clearing relevant to condition 1 has been undertaken for communities, the approval holder must not clear more than the the project: following in the area enclosed by the red lines designated as a. 7.3 ha of Banksia Woodlands of the Swan Coastal Plain Threatened Yanchep Rail Extension Part 2 development envelope in Ecological Community (Attachment A); Attachment A: b. 49.7 ha of foraging habitat (which includes 2.08 ha of potential breeding a. 9.2 ha of Banksia Woodlands of the Swan Coastal Plain habitat) and 36 potential breeding trees for the Carnaby’s Black Cockatoo Threatened Ecological Community; (Attachment B); and b. 58.8 ha of foraging habitat (which includes 2.1 ha of c. 54.1 ha of potential habitat for the Chuditch (Attachment C). potential breeding habitat) and 45 potential breeding trees for the Carnaby’s Black Cockatoo); and c. 65.6 ha of potential habitat for the Chuditch. 2 To minimise the impacts of clearing and fragmentation on the Compliant The Contractor’s Clearing Register indicates clearing occurred at several Carnaby’s Black Cockatoo and Chuditch, the approval holder must locations during breeding season however correspondence from the Contractor implement condition 9 of the Western Australian Ministerial and fauna survey reports confirm no tree hollows were identified within YRE Statement 1129 from the commencement of the action for the life Part 2 project area. of the approval. Evidence for compliance with conditon 9-2 of Ministerial Statement 1129 includes: (1) Fauna trapping reports (2) Fauna spotting – Ecologist’s daily reporting (3) Trenching activities were not completed during this reporting period (4) Trenching activities were not completed during this reporting period (5) Trenching activities were not completed during this reporting period 3 To minimise the impacts of fragmentation, weeds, Dieback and Not required Implementation of Condition 6 was not required during the reporting period. feral predation on EPBC Act listed species and ecological Construction of the three (3) green bridges is currently scheduled to commence communities in the Ningana Bush Forever Site No. 289, the in May 2021. The Condition 6 management plan was approved by the DWER approval holder must implement conditions 6 and 7 of Western CEO on the 9 October 2020. Australian Ministerial Statement 1129 from the commencement of the action in Ningana Bush Forever Site No. 289 for the life of the approval. Indirect impacts to flora and vegetation and terrestrial fauna were minimised Compliant directly outside the development envelope within Bush Forever site 289 during the reporting period. 5 Public Transport Authority EPBC 2018/8262 Compliance Report Management targets 1, 2 and 3 have been met (Attachment H). Management target 4 was not required during this reporting period. The Condition 7 management plan was approved by the DWER CEO on the 9 October 2020. 4 To minimise the impacts of