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Threatened Biodiversity Survey and Assessment: Guidelines for Developments and Activities Working Draft

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Threatened Biodiversity Survey and Assessment: Guidelines for Developments and Activities Working Draft Threatened Biodiversity Survey and Assessment: Guidelines for Developments and Activities Working Draft November 2004 Department of Environment and Conservation (NSW) Prepared by the NSW Department of Environment and Conservation (formerly the NSW National Parks and Wildlife Service) based on a report prepared by SMEC Australia and the results of workshops with consultants, government, and other relevant practitioners and stakeholders. ã NSW Department of Environment and Conservation 2004 This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced without prior written permission from the Department of Environment and Conservation (formerly the National Parks and Wildlife Service). Department of Environment and Conservation PO Box A290 Sydney South NSW 1232 Tel: 02 9995 5000 www.environment.nsw.gov.au These Threatened Species Survey and Assessment Guidelines are being released as a working draft. They have not been formally endorsed. A review will be undertaken in 2005. Comments to assist in this review are welcome and should be forwarded in writing, detailing the number of the section and page number to which your comments relate, to: Coordinator, Survey and Assessment Guidelines Biodiversity Management Unit Environment Protection and Regulation Division Department of Environment and Conservation PO Box A290 Sydney South NSW 1232. or e-mailed to: [email protected] The material provided in the Threatened Species Survey and Assessment Guidelines is for information purposes only. It is not intended to be a substitute for legal advice in relation to any matter, whether particular or general. This document should be cited as: DEC, 2004, Threatened Species Survey and Assessment: Guidelines for developments and activities (working draft), New South Wales Department of Environment and Conservation, Hurstville, NSW. ISBN: Yet to be allocated TABLE OF CONTENTS 1 Introduction ........................................................................... 1-8 1.1 BACKGROUND .................................................................................. 1-8 1.1 WHAT IS THE PURPOSE OF THE GUIDELINES? .......................... 1-9 1.2 HOW HAVE THE GUIDELINES BEEN PREPARED?..................... 1-10 1.3 APPLICATION OF THE GUIDELINES ............................................ 1-10 1.4 CONTENTS OF THE GUIDELINES ................................................ 1-11 2 Legislation............................................................................2-12 2.1 THE THREATENED SPECIES CONSERVATION ACT.................. 2-12 2.1.1 What is the Threatened Species Conservation Act? ........... 2-12 2.1.2 What are threatened species, populations and ecological communities?........................................................................ 2-12 2.1.3 What is a key threatening process?..................................... 2-13 2.1.4 What is critical habitat?......................................................... 2-13 2.1.5 How are threatened species, populations or ecological communities, or their habitats, taken into account within the NSW planning and licensing system?.................................. 2-13 2.1.6 How is critical habitat taken into account within the NSW planning and licensing system?........................................... 2-14 2.2 ASSESSMENT OF SIGNIFICANCE ................................................ 2-14 2.2.1 What is the Assessment of Significance? ............................ 2-14 2.2.2 Is there a legal requirement to undertake an Assessment of Significance? .................................................................... 2-15 2.2.3 Why undertake an Assessment of Significance?................. 2-16 2.2.4 Who undertakes the Assessment of Significance?.............. 2-16 2.2.5 How does one ascertain the type of approval required and the relevant authority? ................................................... 2-16 2.2.6 What happens if a threatened species, population or ecological community is added to the Schedules of the TSC Act prior to the consent, determining or licensing authority making a decision? ................................................ 2-18 2.2.7 Are recovery plans and threat abatement plans taken into account........................................................................... 2-18 2.2.8 What happens if the assessment of significance indicates that a significant effect is likely?........................................... 2-19 2.2.9 Requirements when the proposal affects declared critical habitat ................................................................................... 2-19 2.2.10 Advising the proponent of the need to prepare a SIS .......... 2-19 2.2.11 How to proceed with a SIS ................................................... 2-19 November 2004 1-1 Working Draft Threatened Species Survey and Assessment Guidelines 2.2.12 What happens if the proposal is in an area where there are no threatened species, populations or ecological communities, or their habitats, or where they are unlikely to occur? ................................................................................... 2-20 2.2.13 What happens when the proposal is not likely to have a significant effect on threatened species, populations or ecological communities, or their habitats?........................... 2-20 2.2.14 Advertising “threatened species development”.................... 2-21 2.2.15 What is the role of the DEC in relation to threatened biodiversity assessment? ..................................................... 2-21 2.2.16 Are there any other approvals that might be required? ....... 2-21 3 Survey and assessment requirements and process ..........3-23 STEP 1. IDENTIFY KEY ATTRIBUTES OF THE PROPOSAL ................... 3-25 3.1.1 Extent and location of the subject site and study area ........ 3-26 3.1.2 Vegetation and animal habitats ............................................ 3-26 3.1.3 Potential impacts .................................................................. 3-26 3.1.4 Site visit and aerial photograph interpretation...................... 3-27 STEP 2. SELECTING AN INVESTIGATOR ................................................ 3-28 3.1.5 Preparing a tender brief ........................................................ 3-28 3.1.6 Qualifications and experience of investigators..................... 3-29 3.1.7 Licences, permits and authorities required to conduct fieldwork................................................................................ 3-30 3.1.8 Certification of reports .......................................................... 3-32 3.1.9 Liability and indemnity .......................................................... 3-32 3.1.10 Codes of conduct.................................................................. 3-32 3.1.11 Determining the successful investigator............................... 3-33 STEP 3. SET TECHNIC AL OBJECTIVES................................................... 3-33 3.1.12 Devise technical objectives .................................................. 3-33 3.1.13 Recognising and dealing with potential constraints ............. 3-34 3.1.14 Adopt the precautionary principle......................................... 3-34 3.1.15 Set timeframe........................................................................ 3-34 STEP 4. CONDUCT PRELIMINARY ASSESSMENT AND FIELDWORK 3-35 3.1.16 Consult key stakeholders ..................................................... 3-36 3.1.17 Collate and review information ............................................. 3-38 3.1.18 Management of data............................................................. 3-39 3.1.19 Field surveys ......................................................................... 3-39 STEP 5. ASSESS NATURE AND IMPACT OF PROPOSAL..................... 3-41 3.1.20 Key attributes of the proposal............................................... 3-41 3.1.21 Ascertaining whether threatened species, populations or ecological communities, or their habitats, will be or are likely to be affected ............................................................... 3-41 3.1.22 Addressing cumulative impacts............................................ 3-42 3.1.23 Addressing threats ................................................................ 3-42 3.1.24 Reducing the level of impact through ameliorative measures .............................................................................. 3-43 November 2004 1-2 Working Draft Threatened Species Survey and Assessment Guidelines STEP 6. EVALUATE SIGNIFICANCE ........................................................ 3-46 3.1.25 Deciding whether a development, activity or action is likely to significantly affect threatened species, populations or ecological communities, or their habitats, that are known or likely to occur in the area ........................ 3-46 3.1.26 Consideration of a development, activity or action proposed in an area where there are no threatened species, populations or ecological communities, or their habitats, or where they are unlikely to occur........................ 3-47 STEP 7. PREPARE REPORT..................................................................... 3-47 3.1.27 Structure and content ........................................................... 3-48 3.1.28 Terminology .......................................................................... 3-51 3.1.29 Minimum requirements ......................................................... 3-51 3.1.30 The survey map ...................................................................
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